HomeMy WebLinkAboutBetty Stone - Robert Passero - 1998-09-08"W
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CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CrrY CLERK
LETTER OF TRANSMITTAL OF ITEi<I APPROVED BY THF, CITY COUI`'CILI
REDENT.LOP`IENT AGENCY OF THE CITY OF IIU -UNGTON BEACH
DATE:
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ATTENTION:
DEPARTAIEN'T:
See Attached Action Agenda Item G '04 / Date of Approval
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
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Connie Brockway
City Clerk
Remarks:
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Received by Name - Company Name - Date
(Telephone: 714-536-S277)
Page 8 - Council/Agency da — 09/08/98 k.) (8)
E47. (City Council) Approve Final Report (Grant No. 5096-2211 For Rainbow Disposal
Companv MRF (Materials Recovery Facility) — Accent Pavment Of Retention Funds
From California Department Of Conservation (340.80) — Approve the attached "Final
Report" (Grant No. 5096-221) dated September 8, 1998, and accept a payment of
$1,812.67 in retention funds from the Department of Conservation. Submitted by the
Public Words Director (On March 4, 1998 the cities of Huntington Beach and Fountain
Valley celebrated the opening of an interactive educational display at the Rainbow
Disposal Materials Recovery Facility (MRF)).
E-18. (City Council) Approval As s Amended Of Recommendations On The Operational
Review Of The Police De vartment Conducted By DMG Associates & Approve
Implementation (600.10) —Motion to approve as amended and implement revised
recommendations. Submitted by the Chief of Police
E-19. (City Council) Approve 1997/98 Annual Report— HB Auto Dealer Business
Improvement District And Resolution Of intention No. 98-63 To Lew An Annual
Assessment For Fiscal Year 1998199 — Sets Public Hearing For 9121198 (460.30) —
1. Approve the Huntington Beach Auto Dealers Business Improvement District Annual
Report for FY 1997198; and 2. Adopt City Council Resolution No. 98-63, a Resolution
of the City of Huntington Beach to levy an annual assessment to fund improvements for
the Huntington Beach Auto Dealers Business Improvement District for FY 1998/99 and
request the Huntington Beach Auto Dealers Advisory Board to revise the budget, Exhibit
A3, to reflect the deletion of Mitsubishi Motor Sales of America from the BID; and
3. Direct the City Clerk to schedule public hearing to be held September 21, 1998, and
send copies of the Resolution, BID Boundary Map, and assessment formula to each
business to be assessed. Submitted by the Economic Development Director
(Memorandum from the Economic Development Director dated 912198 transmitting a
budget revision to reflect the withdrawal of Mitsubishi from the BID).
E-20. (City Council) Adopt Resolution No. 98-64—Approval Of Tax Revenue Anticipation
Notes (TRAN): FY 1998/99 (330.70) —1. Adopt Resolution No. 98-64 authorizing the
issuance of Tax and Revenue Anticipation Notes, "A Resolution of the City Council of the
City of Huntington Beach, California Providing for the Issuance and Sale of 1998-99 Tax
and Revenue Anticipation Notes Therefor': Submitted by the Deputy City Administrator -
Administrative Services
E-21. (City Council/Redevelopment Agenev) Authorize Sale And Transfer Of Ownershi
Ocean View Estates (70511 Ellis Avenue) Mobile Home Unit No. 42 — B. Stone To
R. Passero — Approve OVE Lease Agreement Between City & B. Stone (600.30) —
1. Authorize the sale of Ocean View Estates Space No. 42 by Betty Stone to Mr. Robert
Passero for $25,000, and approve the attached OVE lease agreement between the City
of Huntington Beach and Mr. Stone and authorize execution by the Mayor and City
Clerk. Agreement Between the City of Huntington Beach and Tenant for Occupancy of
Space in Ocean View Estates Mobilhome Park, and 2. Authorize the Economic
Development Director to execute documents necessary to deliver $34,743.69 to Express
Escrow Company as the Agency's gap payment. Submitted by the Economic
Development Director and the Deputy City Administrator -Administrative Services
(Escrow instructions attached)
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Council/Agency Meeting Held:
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D.. eef�ferred/Continued to:
I$Ap roved ❑ Conditional l Approved ❑ Denied
&? Okry t Clerk's Signature
Council Meeting Date: September 8, 1998
Department 1D Number: ED 98-37
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION
SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL
MEMBERS/REDEVELOPMENT AGENCY MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator/Executive Director 0z12&.,r
PREPARED BY: DAVID C. BIGGS, Economic Development Dire
ROBERT J. FRANZ, Deputy City Administrat
SUBJECT: Authorize Sale And Transfer Of Ownership: Ocean Vie Estates
(7051 Ellis Avenue) Mobile Home Unit #42
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s). Analysis, Environmental Status, Attachment(s)
Statement of Issue: The owner -occupants of Space 42 have requested that the
Redevelopment Agency approve the sale of their mobile home to a third party for $23,000
cash. Originally, the Agency did not pursue its option to purchase the home for the full
"Agreed Value" in 1996, thus allowing the estate to sell to a third party for a negotiated price.
If a third party sale is completed, then the Agency must pay the difference between the sales
price and the 1997 Agreed Value ($59,743.89 - $25,000.00 = $34,743.89) pursuant to the
Driftwood Acquisition and Relocation Agreement.
Funding Source: Driftwood Acquisition Account No. E-TW-ED-801-6-10-00. c,
Recommended Action -Redevelopment Agency: Co =-<nm
Motion to: D �CD.r-
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1. Authorize the sale of Ocean View Estates Space #42 by Betty Stone to Mr.Robert
Passero for $25,000, and approve and authorize execution of the attached OVE-lease
agreement between the City of Huntington Beach and Mr. Stone by the Mayor and Chi y
Clerk.
2. Authorize the Economic Development Director to execute documents necessary to deliver
$34,743.89 to Express Escrow Company as the Agency's gap payment.
Recommended Action - City:
Motion to:
1. Authorize the Mayor and City Clerk to execute the attached rental agreement upon
acceptance and execution by the prospective purchaser, Mr. Robert Passero.
REQUEST FOR CkdUNCILIREDEVELOPMENT AGENCY ACTION
MEETING DATE: September 8, 1998 DEPARTMENT ID NUMBER: ED 9$ '_
Alternative Action(s):
2. Do not accept the lease agreement as it is currently written. Direct staff to change
specific terms, or renegotiate with the prospective tenant.
Analysis:
On August 5, 1988, the Agency entered into a Disposition and Development Agreement with
The Robert Mayer Corporation for the development of The Waterfront Project. As a part of
that agreement, the Agency entered into a Relocation Agreement with the residents of
Driftwood Mobile Home Park. Section XI(B) of the Agreement outlines the resale rights of
the tenant and the Agency's rights and obligations:
"1. Right of Resale and Price Guarantee: Any Tenant who relocates to Ocean View
Estates 1 or 11, and after the second year following occupancy, is unable to
sell the mobile home for a price equal to the Agreed Value for a period of no
less than ninety (90) days, may then offer to sell to the Agency for the Agreed
Value. The Agency may elect, within thirty (30) days following written notice
of the offer to sell, to either:
(a) Acquire Tenant's mobile home at the Agreed Value and pay all costs
occasioned by the sale; or
(b) Permit Tenant to sell the mobile home on the open market and
immediately upon close of escrow, if the Tenant receives less than the
Agreed Value (before paying any liens), the Agency shall pay the
difference to Tenant, but if the Tenant receives more than the Agreed
Value, Tenant shall retain all safe proceeds;
(c) Failure by the Agency to provide Tenant with written notice of its election
within thirty (30) days of receipt of the offer to sell by the Agency shall be
deemed to be rejection of the offer and an agreement to proceed under
paragraph B.1. (b) of this Section."
Betty Stone listed her mobile home for sale for the 1996 Agreed Value for a 90-day period
beginning January 17, 1996. The home has been on the market continuously since that
time, and a cash offer for $25,000 has been submitted and accepted. The Agency was
notified of the end of the ninety -day marketing period as required by the Relocation
Agreement and given the opportunity to purchase the home as required by the relocation
agreement. The Agency did not exercise its purchase option.
The Agency cannot challenge the amount of the sales price. Also, the setter is not required
to list the home with a real estate agent or broker. Note that the City will realize higher
revenues due to the increase in space rent from $350 to $495 per month.
RAAOVE42 -2- 08/26/98 4:03 PM
REQUEST FOR MUNCI UREDEVELOPM ENT A'&ENCY ACTION
MEETING DATE: September 8,1998 DEPARTMENT ID NUMBER: ED 9$ =_
Lease Agreement
If the Agency chooses to let the sale to a third party conclude, then a lease will be needed for
the new tenant. The attached lease (Attachment No. 1) will be between the City and the third
party because the City owns and manages the park (through the Real Estate Services
Division of Administrative Services). The City has the right to approve the purchaser and
may only reject a purchaser if they lack the financial ability to pay, or demonstrate the
potential to violate the rules and regulations of the park based on past tenancies elsewhere.
The information needed to make this decision was requested, Mr. Passero is an acceptable
tenants, and the lease agreement was offered for his signature and returned for Council
approval.
The terms of the proposed lease are as follows: $495 per month for the first 12 months; The
rent will increase thereafter by 7% annually, or by the percentage increase in the CPI,
whichever is greater. If approved, this lease would be the sixth of its kind offered to a
prospective OVE resident that was not relocated from the Driftwood Mobile Home Park. The
proposed terms of the lease are a result of good faith negotiations between the parties.
Environmental Status: NIA
Attachment(si:
1. 1 Lease Agreement
2. 1 Purchase and Escrow Information
GAB: ext.8831
RAAOVE42 -3- 08126198 4:03 PM
V
u
LEASE AGREEMENT
ATTACHMENT #1
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND TENANT FOR OCCUPANCY OF SPACE IN
OCEAN VIEW ESTATES MOBILEHOME PARK
TABLE OF CONTENTS
Section Page
1.
PARTIES
I
2.
DEMISED PREMISES
1
3.
TERM
1
4.
RENT
1
S.
STORAGE LIEN
2
6.
UNPAID RENT DUE
3
7.
PERMISSIBLE USE OF LOT
3
8.
MANAGENIENT OF PARK
3
9.
LOT MAINTENANCE
3
10.
LANDSCAPING
3
11.
PATIO FURNITURE
4
12..
PETS
4
13.
PEACE AND QUIET
4
14.
VEHICLE CONTROL
5
15.
ACCESSORY EQUIPMENT
5
16.
GARBAGE AND TRASH DISPOSAL
5
17.
INSPECTION
S
18.
SUBLETTING MOBILE HOMES
6
19.
WRITTEN APPROVAL
6
20.
COMPLAINTS
6
21.
WAVIER OF LIABILITY
6
22.
WAIVER OF DEFAULT
7
23.
CALIFORNIA CIVIL CODE
7
24.
UTILTTIES AND OTHER CHARGES
7
25.
POSSESSORY TAXES
7
26.
TERMINATION
7
27.
INDEMNIFICATION
8
29.
RIGHT UPON BREACH
8
29.
RECEIPT OF PARK RULES
8
30.
ASSIGNABILITY
9
31,
GOVERNING LAW
9
32.
CAPTIONS
9
33.
EXECUTION AND ACKNOWLEDGMENT
9
34.
INSURANCE HAZARDS
9
35.
WASTE OR NUISANCE
10
36.
COMPLIANCE WITH LAW
10
37.
BINDING ON HEIRS
10
38.
PARTIAL INVALIDITY
10
39.
ENTIRETY
10
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AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND TENANT FOR OCCUPANCY OF SPACE IN
OCEAN VIEW ESTATES AiOBILEHOAiE PARK
1. PARTIES: This Occupancy Agreement is made and executed this
)9A' day of _t&&M 'Z e� _ 1998, by and between the City of
Huntington Beach, a municipal corporation (herein called "LANDLORD"), and Robert Passero
(hereinafter called "TENANT") pursuant to the terms of implementation contained in the 1998
Driftwood Mobilehome Acquisition and Relocation Agreement, as amended.
2. r, DEAIISED PREMISES: LANDLORD hereby rents to TENANT, and
TENANT hereby rents from LANDLORD, that certain Lot known as Space No. 42 situated in
Ocean View Estates Mobilehome Park, 7051 Ellis Avenue, Huntington Beach, California.
3. TERINT: This lease is for a term of twelve months beginning on
1998. This lease does not convey any rights or obligations under
the Driftwood Acquisition and Relocation Agreement, signed September 16, 1988, to TENANT.
4. RENT: TENANT agrees to pay LANDLORD rent for the demised
premises, without deduction, according to the following Rent Schedule:
(A) S #9 per month, commencing ()C��pa
and thereafter a minimum increase of 7% per year, or that percentage for the previous year as set
forth by the Pacific Cities and U.S. City Average All Urban Consumers Price Index or whichever
such indicator is commonly in use at the time, whichever is greater, said percentage increase to be
calculated on the previous year's base rental amount. When the rent achieves the average rent for
mobile home parks in the Huntington Beach area, then the rental rate increase shall be no less than
4% or no more than 7% per year, adjusted between this range only by that percentage for the
previous year's May 1st Pacific Cities and U.S. City Average All Urban Consumers Price Index
(CPI) whichever is greater, said percentage rental increase shall be calculated on the previous
year's base rental amount and shall be effective July 1 annually.
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(B) Said rent shall be payable monthly in advance, on the first day of each
month, plus all other sums, if any, payable hereunder, which additional charges shall be payable
within five (5) days, after LANDLORD statements of account therefore. All monies payable
hereunder shall be paid by check or money order at the City of Huntington Beach, 2000 Main,
Huntington Beach, California 92648. Should TENANT issue a check or other instrument to
LANDLORD which is not supported by sufficient funds or is valueless, then LANDLORD may
require that payment be made in cash, in which case the TENANT will be notified, and all other
requirements for paying rent and other charges will remain the same. Rent may be adjusted in an
amount determined in accordance with this Paragraph 4 by the City of Huntington Beach Real
Estate Services Division ("the Management") at the beginning of each anniversary year and upon
thirty (30) days written notice to TENANT. Failure to pay new rental amount when due shall
constitute a default of this agreement, and subject TENANT to termination of this tenancy.
(C) If the rent is not paid by the 10th day of any calendar month, a late charge
of $20.00 will be charged to cover Management's costs for additional accounting and collection
expenses. An additional penalty of one and one-half percent (I-1/2%) per month shall be assessed
for nonpayment of any amount billed. Additionally, a handling charge will be required for all
checks returned by the bank due to insufficient funds in the TENANT's account or for any other
reason. The above amounts shall increase yearly, based upon the yearly percentage rent increase
set forth hereinabove. This provision shall not be construed as a waiver by Management of its
right to enforce any provision hereof after any default on the part of a TENANT. Furthermore,
the acceptance of payments shall not constitute a waiver of any breach of any rule, regulation or
any covenant of the Rental Agreement, nor shall it reinstate, continue or extend the term of the
party's Rental Agreement or affect any notice, demand or suit hereunder.
5. STORAGE LIEN: TENANT hereby agrees that the mobile home will not be
removed until all rent and other charges have been paid and that for unpaid rental and charges,
LANDLORD has a lien on the mobile home placed on Space No. 42. The lien rights granted
LANDLORD include, but are not limited to, those granted by Section 1174 of the California
Code of Civil Procedure and Sections 1980-1991 of the California Civil Code.
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6. UNPAID RENT DUE: TENANT hereby agrees that LANDLORD may
recover any unpaid rent and charges due prior to the sale of the mobile home.
7. PERMISSIBLE USE OF LOT: The lot shall be used for a mobile home,
approved by LANDLORD, to be used as a principal residence only for the person or persons
named in this Agreement as TENANTS, or others authorized by California Civil Code §§798.34
and 798.35.
8. MANAGEMENT OF PARK: LANDLORD shall be Management until
such time as a Park Manager shall be on site and vested with all the legal right of authority to
enforce the Rules and Regulations applicable to the Park.
9. LOT MAINTENANCE:
(A) In order to protect our mutual investment, TENANTS are required to
maintain their Lot and mobile home in a clean, attractive and well kept fashion. TENANTS may
have storage cabinets to store furniture, trash cans, etc. If a TENANT has an item that cannot be
adequately stored in the storage cabinet, it must be removed from the Park. Additionally,
TENANTS are expressly prohibited from storing anything, other than wheels, tires, and hitches,
under the mobile home.
(B) Management may enter the rented premises for the purpose of inspecting
same and to do any work in connection with maintenance and repair of the Lot and the cost of
such maintenance or repairs occasioned by neglect or misuse of the Lot shall be paid by the
TENANT.
10. LANDSCAPING:
(A) All TENANTS are required to landscape their Lot in a clean, attractive and
well kept fashion. LANDLORD encourages all residents to be as original and elaborate as they
wish as far as lawn, flowers and shrubs are concerned, but installation of any trees or any
concrete, masonry or ground cover (including rock, wood -chips, bark, etc.) must be approved by
Management beforehand. TENANTS must check with LANDLORD's Park Manager before
a&aV=4cueovesp&m -7r1& 98
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digging or driving rods or stakes in the ground, as they might damage underground wiring, utility
wire or plumbing. TENANT shall bear the cost of repairs to any utilities damaged by TENANT.
(B) All landscaping improvements shall at once become a part of the realty and
belong to LANDLORD and shall remain upon and be surrendered with the Lot, provided that at
LANDLORD's option, TENANT, at his expense when surrendering the Lot, shall remove all
such landscaping planted by TENANT, and TENANT shall repair any damage to the premises
caused by such removal.
11. PATIO FURNITURE: LANDLORD expressly prohibits the use of any
furniture on the patio, porch or yard unless it is outdoor patio furniture approved by LANDLORD's
Park Manager. No overstuffed furniture, ironing boards, brooms, mops, or other household
equipment, are allowed to be stored outside the mobile home.
12. PETS:
(A) Pets, only under 25 pounds in weight, are permitted to be kept in the Park
only upon written permission by LANDLORD.
(B) If permitted, the type of pets and conditions are set forth in separate Pet
Agreement which, if applicable, is attached and by reference made a part of this Agreement.
LANDLORD reserves the right to deny the keeping or acquisition of a pet in the Park.
(C) Guests are prohibited from bringing pets into the Park.
13. PEACE AND QUIET:
(A) TENANTS are entitled to the peaceful enjoyment of their Lot and all park
facilities. Radios, televisions, record players, electronic sound systems, musical instruments or
any other noise that may cause annoyance to TENANTS must, therefore, be kept reasonably low,
especially after 10:00 p.m. No radio transmitters are allowed in the Park. Evidence of
unreasonably loud noise may be shown through statements of at least two other residents of the
park.
(B) Loud parties, intoxication, fighting, immoral conduct or children without
the supervision of an adult, are prohibited.
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14. VEHICLE CONTROL:
(A) For the safety of the Park TENANTS and their guests, LANDLORD has
established and posted a speed limit in the Park, and all TENANTS must cooperate in its
enforcement.
(B) TENANTS may park passenger vehicles only on the Lot driveway or other
designated areas. Neither TENANTS nor their visitors may park any vehicle on another
TENANT's lot or vacant lot without the express permission of that TENANT or LANDLORD's
Park Manager, whichever is applicable. Visitors may park in the designated guest parking areas,
or in their host's driveway if space is available.
Trailers, boats and recreational vehicles not used for daily transportation
must be parked only in the designated storage areas. All motorized vehicles must meet State law
requirements in order to be operated in the Park. No inoperable, unusable or unsightly vehicles
will be allowed anywhere within the boundaries of the park, including in the storage areas.
(C) The operation of motorcycles, motor scooters, minibikes and other two
and three wheel motorized vehicles must be approved in writing by LANDLORD.
15. ACCESSORY EQUIPIMENT AND STRUCTURES: Approval of
LANDLORD must be obtained before construction or installation of any mobile home accessory.
Building permits are required for certain accessories before installation. A list of the agencies
requiring a permit can be obtained from LANDLORD's Park Manager.
16. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and,
with other refuse, must be placed in the proper containers provided therefore. Sanitary and health
laws must be obeyed at all times.
17. INSPECTION: TENANT states that he/she has fully and completely
examined the premises, the streets, recreational facilities and all other areas open to their use and
found their condition as being safe and acceptable.
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18. SUBLETTING MOBILE HOMES:
Subletting of mobile homes is
expressly prohibited hereunder without the written consent from Management. TENANTS will
be granted permission only as allowed by Municipal Ordinance No_ 3277, effective May 18, 1995,
allowing mobile home owners to sublet for no more than twelve months during a two-year period
for the following reasons: illness, death, or other personal hardship.
19. WRITTEN APPROVAL: References to approval, permission, or
authorization of LANDLORD shall require LANDLORD to be reasonable in exercising its action
and shall be construed as reasonable written approval prior to taking action.
20. COMPLAINTS: All TENANT complaints, except emergencies, must be
presented to Park manager in writing during office hours.
21. WAIVER OF LIABILITY: TENANT, as a material part of the
consideration under the Rental Agreement, hereby waives all claims against LANDLORD for
damages to furniture, equipment, records, goods, wares or merchandise in, upon or about the
TENANT's mobile home, from any cause arising at any time, other than the negligence of
employees. TENANT does hereby agree to indemnify and hold LANDLORD harmless from and
on account of any damage of injury to any person, or to the furniture, equipment, records, goods,
wares or merchandise of any person, arising from the use of the Park by TENANT, or arising
from the failure of TENANT to keep the mobile home and the Lot in good condition, as herein
provided, or arising from the negligence of TENANT, his family or guests. LANDLORD shall
not be liable to TENANT for any damage by or from any act or negligence or any co -tenants or
their guests, or by any owner or occupant of adjoining or contiguous mobile homes. TENANT
agrees to pay for all damage to the Park and Lot, as well as all damages to other TENANTS, their
guests and families thereof caused by the TENANT's or his guest's negligence or misuse of the
Park.
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22. WAIVER OF DEFAULT: No waiver by LANDLORD of its right to enforce
any provision hereof after any default on the part of TENANT, shall be deemed a waiver of right
to enforce each and all of the provisions hereof upon any further or other default on the part of
the TENANT. The acceptance of rent hereunder shall not be, or become construed to be, a
waiver of any breach of any term, covenant or condition of the party's Rental Agreement or the
Park's Rules and Regulations, nor shall it reinstate, continue or extend the term of the party's
Rental Agreement or affect any notice, demand or suit thereunder.
23. CALIFORNIA CIVIL CODE REQUIREMENTS: California Civil Code
Section 798.15, subsections (a), (b) and (c) provides in part:
"(a) The term of the tenancy and the rent therefor;
(b) The rules and regulations of the park.
(c) A copy of the text of this chapter shall be attached as an exhibit and shall be
incorporated in the rental agreement by reference. Management shall provide all
homeowners with a copy of this chapter prior to February 1 of each year, if a
significant change was made in the chapter by legislation enacted in the prior year."
24. UTILITIES AND OTHER CHARGES: TENANT shall pay for gas,
electricity, water and such other utilities as may be provided. TENANT shall secure and pay a fee
for a storage permit from LANDLORD for any recreational vehicles, e.g., boats, trailers, mobile
homes, etc.
25. POSSESSORY TAXES: Possessory Taxes are not included as part of this
rental agreement and TENANT shall pay such tax directly to the County of Orange, as assessed.
26. TERMINATION: TENANT may terminate this tenancy by giving the other
party sixty (60) days' written notice thereof and rental shall be paid through that date, or if there
be previously paid but unused rent, the same shall be refunded when the premises are vacated.
LANDLORD may terminate TENANT's tenancy only by giving TENANT written notice of the
termination at least 60 days prior to the date TENANT is required to vacate. Any notice of
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termination shall state the specific facts and the reason or reasons for termination, and shall be
served on TENANT as required by the law then in effect.
27. INDEMNIFICATION: TENANT covenants to indemnify and hold and save
LANDLORD harmless, its officers, agents and employees from and against any and all liability,
damages, costs, losses, claims and expenses caused by or arising out of any injury or death of
persons or damage to property, income upon or about the [eased premises or caused by or arising
out of any activities or omission of TENANT, his agents, employees, licensees and/or invitees,
including without limitation, injury or death of TENANT, his agents, employees, licensees and
invitees and damage to their property or TENANT's property; any concurrent negligence or
willful misconduct of LANDLORD shall in no way diminish TENANT's obligations hereunder.
28. RIGHT UPON TENANT'S BREACII: LANDLORD may elect to terminate
this Rental Agreement for any event of default or breach hereof or of the Park Rules and
Regulations. Should LANDLORD elect to terminate it may recover from TENANT all damages
incurred by LANDLORD by reason of such breach, including without limitation, the cost of
recovering the premises, and the worth at the time of such termination of the excess, if any, of the
amount of unpaid rent and unpaid charges reserved under this Rental Agreement over the amount
of the rental loss which TENANT proves could be reasonably avoided, for the remainder of the
term of this Rental Agreement. The remedies of LANDLORD specified herein are in addition to
and cumulative of any remedies provided LANDLORD by statute, including the remedies
provided in the California Civil Code.
29. RECEIPT OF PARK RULES AND REGULATIONS AND APPLICABLE
LAW: TENANT hereby acknowledges receipt of the Mobilehome Park Rules and
Regulations adopted for the benefit and protection of all tenants, guests and visitors, California
Civil Code provisions and TENANT hereby agrees to abide by and conform with all laws of the
State of California and each and all of the present rules and regulations, and all future rules and
regulations hereafter adopted by LANDLORD and implemented in compliance with State law.
TENANT also agrees that any breach by himself/herself, family, guests or visitors of the rules and
adVagrct<'Icasdovespam - 7/2V98
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regulations, or State law, shall be deemed a failure to perform an express term of this Rental
Agreement for said breach as a default pursuant to the laws of the State of California then in
effect.
30. ASSIGNABILITY: All rights and obligations contained in this agreement may
be assigned, provided that such assignment of this agreement has been agreed to in writing by the
Management.
31. GOVERNING LACY: This Rental Agreement shall be governed by and
construed pursuant to the laws of the State of California.
32. CAPTIONS: The titles of paragraphs herein are for identification only
and are not to be considered to be a part of this Rental Agreement, nor to be restrictive in any
manner of the provisions of any of the paragraphs of this Rental Agreement.
33. EXECUTION AND ACKNOWLEDGMENT: TENANT acknowledges
having read the Rental Agreement and agrees to be bound by all of the terms and conditions
herein contained.
34. INSURANCE HAZARDS. TENANT shall not commit or permit the
commission of any acts on said Premises nor use or permit the use of said Premises in any manner
that will increase the existing rates for or cause the cancellation of any fire, liability, or other
insurance policy insuring said Premises or the improvements on said Premises. TENANT shall,
at his/her own cost and expense, comply with any and all requirements of insurance carriers
necessary for the continued maintenance at reasonable rates of fire and liability insurance policies
on said Premises and the improvements on said Premises.
aA'ageeAeaseJovMam .7=98
9
V
35. WASTE OR NUISANCE.
TENANT shall not commit or permit the
commission by others of any waste on said Premises; TENANT shall not maintain, commit, or
permit the maintenance or commission of any nuisance as defined in Section 3479 of the
California Civil Code on said Premises; and TENANT shall not use or permit the use of said
Premises for any unlawful purpose.
36. COMPLIANCE WITH LAW. TENANT shall at TENANT's own cost and
expense comply with all statutes, ordinances, regulations, and requirements of all governmental
entities, both federal and state and county or municipal, relating to TENANT's use and occupancy
of said Premises whether such statutes, ordinances, regulations, and requirements be now in force
or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by
TENANT in a proceeding brought against TENANT by any government entity, that TENANT
has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between
LANDLORD and TENANT and shall be ground for termination of this lease by LANDLORD.
37. BINDING ON HEIRS AND SUCCESSORS. This lease shall be binding on
and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the
parties hereto.
38. PARTIAL INVALIDITY. Should any provision of this lease be held by
a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining
provisions of this lease shall remain in full force and effect unimpaired by the holding, so long as
the reasonable expectations of the parties hereto are not materially impaired.
39. ENTIRETY: This Rental Agreement and the documents incorporated
herein contain the entire agreement between the parties.
,dllaprec csulovMaa .71208
10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers the day, month and year first above written.
Z
?ASSE�O, C.P.A.
REVIEWED AND APPROVED:
City Admiagtrator
ACKNOWLEDGED
Park Manager or Lessor
LANDLORD:
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Mayor
ATTEST: _
City Clcrk /o ON
9 Q
APPROVED AS TO FORh1:
' 11'
Administrative Scrvices
ircctor
adVagreeAmwlovespaoe - 7r2&99
11
U
Purchase and Escrow Information
ATTACHMENT #2
- MANUYAC:IVItEl) 11UME {MUBILEHUiVIL) L+'LLLIt/I3UYER
DEPOSIi,.ySCROW INSTRUCTIONS (R.,,3ALES)
TO: EXPRESS ESCROW COMPANY (Dept. of Corporations License 9963-0568) Escrow No. 2n12b—R
7812 Edinger Avenue • Suite 300
Huntington Beach, California 92647 Date rnt�nLoa
(714) 8474747 . FAX (714) 84S-9174
THE UNDERSIGNED WILL HEREBY DELIVER TO YOU, IN ESCROW, THE ITEMS DESCRIBED BELOW AND
INSTRUCTS YOU TO HOLD AND DISBURSE PURSUANT TO INSTRUCTIONS SET FORTH HEREIN:
A. Escrow to close on or before _ September 03 1998 -- or as soon as possible thereafter.
B. The Seller under these instructions is BETTE L. STONE and JEFFEREY L. STONE
(hereinafter "Seller").
C. The Buyer underthese instructions is ROBERT M. PASSERO
(hereinafter "Buyer").
D. The following will be deposited with Escrow Agent:
1. Paid outside of escrow .............................................. S
2. Cash, deposited herewith ......... .................................... S 2 Ono nn
3. Cash, to be deposited prior to the close of escrow .... S---"1000 nn "'
4. Loan of record ................................................... S
S. Other. $
6. Total Consideration ........................... . .............. . .... . . Senn -On
*$$Plus sufficient funds to cover closing costs.
E. The above referenced sums represent payment toward that certain manufactured home described as:
Manufacturer's Name and/or Model SKYLINE HOMES, INC. .Year_1489�
Size (length & width) 52 X 24 _ , D.O.H. Insignia or Federal Labelff _ CAt_3Ann';9 .cAL3Ann1f,
Serial8 45 65770419BY Location 7051 FLLIS AVFNtiF-, SPACF 42
HUNTINGTON REACH-, CA 9264R
F. Escrow Agent Is hereby authorized and instructed to create a Moratorium on the Title Records of the Department of Housing and
Community Development (hereinafter H.C.D.), or if applicable, obtain a K.S.R. Title Report from H.C.D. Escrow Agent is relieved
of all responsibility and/or liability whatsoever for any liens not of record with H.C.D. prior to close of escrow.
G. When the manufactured home is located In a mobilehome park at time of sale and is to remain In the mobflehome park, one of the
following shall be delivered into escrow: Either 1) a copy of a fully executed rental agreement, or 2) a declaration signed by park
management and the prospective homeowner (as defined in section 798.9 of the Civil Code) that the parties have agreed to the terms
and conditions of a rental agreement. By accepting either a copy of the rental agreement or a declaration acknowledging the same,
escrow is not undertaking to review same with respect to legal sufficiency, enforceability, or otherwise, and the parties to this escrow
hereby fully and completely Indemnify and release Escrow Agent with regard to any claims predicated upon the content, legality,
or enforceability of the rental agreement. The parties to this escrow warrant and represent to Escrow Agent that any such rental
agreement deposited into escrow, in fact, a rental agreement by and between park and tenant, tally and completely executed by all
necessary parties affecting the space where the manufactured home is located, and that same discharges any and all of escrow's
responsibilities to receive Into escrow a fully executed copy of a rental agreement or declaration thereof.
H. When all documents, and cash required under these instructions have been deposited into escrow, escrow is authorized and instructed
to close this escrow, pay all liens of record with H.C.D., if applicable, and disburse funds.
1. Escrow is hereby authorized to comply with any condition or requirement of a lender as a condition of utilizing lender's funds.
I Escrow agent Is entitled to and may retain from escrow proceeds Its reasonable fees and costs for services rendered.
K. Escrow Agent may prepare for Buyer's and Sellces execution a power of attorney for the subject manufactured home appointing
EXPRESS ESCROW COMPANY as their attorney in fact for the purpose of transferring ownership and paying fees required to
H.C.D.
THE PARTIES ACKNOWLEDGE THAT THEY HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS, PROVISIONS
AND CONDITIONS CONTAINED ABOVE AND ACKNOWLEDGE RECEIPT OF A SIGNED COPY OF THIS DOCUMENT.
SELLER BUYER
;BETTE L. STONE - PASSERO
�. ,...__ �.. _ R r - -
JEfFEREY L. STONE -4p
STREET
ADDRESS _ 7051 ELLIS Aj(ENIE, SPACF 42
CITY, STATE, ,
& ZIP CODE __— HUNTINGTON BEACHZ CA 92648
STREET
ADDRESS
CITY, STATE
& ZIP CODE Los A
TELEPHONE NO. (714)-842-8986 'TELEPHONE NO.
PAGE I OF 2
os
(562)— 1463
Z--, t,
EER-129A 0 Copyright Express Escrow Company Rev. 5a97
MAN UFACTUZL1)HUME (MUBILEHUN +) SLLLE1tIt3UYEtt
DEPOSI a"..SCROW INSTRUCTIONS (I.,,,,SALES)
Escrow No. 2-20124—R
Date 07/20/98
L. Escrow Agent may prepare a Certificate of Retail Value for Buyer's execution and deposit into escrow prior to close of escrow,
pursuant to Buyer's and Seller's mutual agreement. Buyer will deposit the amount required by II.C.D. for use tax. Buyer
acknowledges that the State Board of Equalization may audit the sale and in such event Buyer may be required to pay the Sales
Tax differential of the consideration shown herein plus interest and penalties. If these funds are required by the State Board
of Equalization. Buyer will pay said fees direct and Escrow Agent is not to be further concerned and is relieved of any liability
concerning these additional fees.
M. Escrow Agent is hereby authorized and instructed by the parties herein to insert the date of close of escrow on the face of the
foregoing Certificate of Retail Value over the signature of Buyer at close of escrow.
N. Buyer and Seller hereby instruct Escrow Agent to deliver all documents and monies deposited into this escrow necessary to
transfer ownership as called for in these instructions, pay license renewal fees plus penalties, if any, and transfer fees to H.C.D.
O. It is hereby understood that Buyer shall be responsible for securing fire insurance on subject manufactured home in an amount
and with a company satisfactory to lender; said insurance to be obtained outside of escrow and Escrow Agent is not to be further
concerned therewith.
P. Escrow Agent is authorized to make the followingprorations as of close of escrow
t% ) Space Rent: ( ) License Fees: (X) Local Property JUpace Rent to be based on 352.00 per month
Q. If the conditions of this escrow have not been complied with prior to the date stated In "A"above, or any extension thereof, you
are nevertheless to complete the escrow as soon as the conditions. except as to time. have been complied with unless written
demand shall have been made upon you not to complete It.
R. In the event of a delay In the titling process. for whatever reason. Buyer agrees to provide Escrow Agent with a new Tax
Clearance Certificate (if applicable) if one is required by N.C.D.
S. Upon close of escrow, Seller agrees to release all rights, title and interest in the manufactured home.
T. Additional instructions: The sate of the mobilehome is subject to the approval of
the terms of the sate by the City of Huntington Beach. Escrow Holder is authorized and
instructed to forward to the City copies of escrow instructions, along with a demand
for funds due Setter in the amount of $59,742.89.
Buyer is aware that subject mobite home is on LocaL Property Tax rather than on "In
Lieu Tax".
Escrow Holder is hereby authorized and instructed to order a Conditional Tax Clearance
Certificate from the County Tax CoLtector and to charge SeLler for same.
Buyer and Setter each agree to pay one—half escrow fee. Escrow Holder is hereby
authorized and instructed to charge accordingly.
THE PARTIES ACKNOWLEDGETHATTIIEYIUVEREAD,UNDERSTOOD AND AGREEDTO RNIS, PROVISIONS
AND CONDITIONS CONTAINED ABOVE AND ON THE MOM. . SIDE ffF.REOF AND ACICNO1 EDGERECEII'T OF A
SIGNED COPY OF TIUS DOCUMENT.
SELLER'S INITIALS BUYER'S INITIALS
PAGE 2OF2
EER-1790 0 Copyright Express Escrow Company Rev. 711193
EXP�E'E.�' Q
ESCROW COMPANY
DECLARATION OF RENTAL AGREEMENT
Escrow No.t 2-20124-R
Date: July 23, 1998
Tat EXPRESS ESCROW COMPANY
7812 Edinger Ave., 1300
Huntington Beach, CA 92647
(714) 847-4747
The undersigned Prospective Tenant(s) (the person who has a tenancy In a
mobilehome park) and authorized representative of park management (hereinafter
Park Representative) state that the Arobilehome that Is the subject of this
escrow is to remain In OCEANVZFW ESTATES, Space 1 42.
The Park Representative, Prospective Tenant and the Buyer further declare that
the Park Representative and Prospective Tenant have Agreed to the terms and
conditions of a rental agreement, for the space upon Which the mobilehome Is
located.
Express Escrow Company Is not to be concerned with the terms of the rental
agreement. The parties acknowledge that Express Escrow Company has not seen
nor has had a copy of said agreement. Further, by accepting this declaration,
the undersigned Indemnity and hold harmless Express Escrow Company with regard
to the content, legality, or enforceability of the agreement.
(BUYER) ROBERT M. PASSERO
ESM-103 7123196
(PARK REPRESENTATIVE)
(PROSPECTIVE TENANT)
(PROSPECTIVE TENANT)
WME of WYER: Rb 6 f� M PR $ E R o
ADDRESS: 23c OLD R.4R1CM RJ> SERL STACK f-d 907yf0
MUC MOW-. S62-/Z67 -97.7! OFr10E SL�79q-/�6�
PFCPERTY .UVRMS- d C E AR.1 V 1 9 w E S r!t rg S �x-- _ --
TE}ass of pcx r: 5 u 8 T F G T' o FO L R v W I A&
APPROOAL BY GrrY or t!ldr,4J61-OA) MICH eF AuY6R 04S
r
A T C-OJR-Al-1' A &, PrvAI rNL_� R04Tr QfF fjnr &'PRE Mdd-Al S.Zo
z 9(IY€!q rAISPC 7 0Al nF p#PaPFRTY r APPIWAL K1rrWpJ ra gAYS OF'
y �, i! SE+L�ER�S ACGErTi4�GE
AMDLwr of OFFM:_ 2 S OOP• OQ F -rN I S o F F R
DOWN PAYHENr: .2, ood.02
C'Fs��G! �sL� .fir rf7fL�� Grl,-,�•�J' "
CLMING DUE: B .Z S 8
aLnrEzx DATE SELLERPub0c Accountant
Pam Me Wm
r�L� `,�z�•�J
DOLAARB
OF AMFJUCA
77
robert m. passero, c.p.a.
earwt,ed Auribc aocounfam
IQ701 ".5 wlarmla-3 Nw., mn. 210. 104 a,em�tos. G 9pl2U
FAX 15s21 79Q.i4uS
1
TO-d IvgV;eo 86-90-Lnr
COVER PAGE
REQUEST FOR LATE SUBMITTAL
(To accompany RCA)
Department: Economic Development Subject OVE TRANSFER OF OWNERSHIP
Council Meetina Date: 918198
Date of This Request: 8127/98
REASON (Why is this RCA being submitted late?):
The required lease agreement was not returned by the buyer and executed by staff prior
To the agenda deadline.
EXPLANATION (Why is this RCA necessary to this agenda?):
The Redevelopment Agency must make every reasonable attempt to take action on OVE
sales in a timely manner and close escrow in thirty days from notification of a pending
sale.
CONSEQUENCES (How shall delay of this RCA adversely impact the City?):
The Agency could be subject to legal liability for unnecessary delay.
Signature:
0, a
DepartmenMead
0-Approved O Denied
ay Silver
City Administrator
M
RCA ROUTING SHEET
INITIATING DEPARTMENT: Economic Development
SUBJECT: OVE OWNERSHIP TRANSFER
COUNCIL MEETING DATE: I September 8, 1998
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (wlexhibits if applicable)
(Signed in full by the City Attomey)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attomey)
Attached
Certificates of Insurance (Approved by the City Attomey)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Attached
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FO RDED
Administrative Staff
( )
( )
Assistant City Administrator (Initial)
( )
( )
City Administrator (Initial)
( )
( )
City Cleric
( )
EXPLANATION FOR RETURN OF ITEM:
�6.J V
J� JIM CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
"WING1014 NEACH Connie Brockway, City Clerk
Office of the City Clerk
-Maybrtartl bry "
-Deputy-Gtff--Ier•k.LL_,�
To:
Date: Meeting date: Agenda Item:
j'roposedjCity. CouncilAgenda Items: The City Clerk's Office/City Administrator's Office must return your
agenda item due to the following requirements that have not been met. When your Agenda Item is ready to
resubmit, please return to: Pat Dapkus, Management Assistant, City Administrator's Office.
1.
Signature(s) Needed
A
On RCA ..i _
B
On Agreement
C
Other Af
2.
Attachments
A
Missing
B
Not identified
C
Other
3.
Exhibits
A
Missing
B
Not identified
C
Other
V
4.
Insurance Certificate (Proof Of Insurance)I C� �L - - \, \)—,,
A
IZ74L
Not attached
B
Not approved by City Attorney's Office 69
C
Signed form notifying City Clerk that department will be responsible for obti4ing insurance ccrtificatq on this itSee form attached}
S.
Wording On Bequest For Council Action (RCA) Unclear
A
Recommended Action on RCA not complete
B
Clarification needed on RCA
C
Other
'
6.
City Attorney Approval Required ly
7.
Agreement Needs To Be Changed
A
Page No.
8.
Other
MA
G ap«id�nn f /arhwlam �/ y�� �/