HomeMy WebLinkAboutHICKS, DAVID AND SANDRA - 1997-03-15�o�rn A;orh //V
Council/Agency Meeting Held: /
erred/Continued to: "
VA
pprved ❑ orldition A prove J��Denied
J) PW i Clerk's Signature
a sen
Council Meeting Date: March 15, 1999
Department ID Number: ED 99-14
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION
SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL
MEMBERSIREDEVELOPMENT AGENCY MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator/Executive Director-r`i
PREPARED BY: DAVID C. BIGGS, Economic Development Director
JOHN REEKSTIN, Administrative Services Director
SUBJECT: Authorize Sale And Transfer Of Ownership: Ocean View Estates
(7051 Ellis Avenue) Mobile Home Unit #34
Statement of Issue, Funding Source, Recommended Action, Alternative Actlon(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: The estate of Grace Brooks, OVE Space #34, has requested that the
Redevelopment Agency approve the sale of their mobile home to a third party for $10,000
cash. Originally, the Agency did not pursue its option to purchase the home for the full
"Agreed Value" in 1997, 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 1998 Agreed Value ($62,617.95 - $10,000.00 = $52,617.95) pursuant to the
1988 Driftwood Acquisition and Relocation Agreement.
Funding Source: Unbudgeted Redevelopment Agency Fund Balance (to be partially offset
by anticipated revenue from the sale of OVE Space #31).
Recommended Action - Redevelopment Agency: Motion to:
1. Authorize the sale of Ocean View Estates Space #34 by the estate of Grace Brooks to
Mr. And Mrs. David Hicks for $10,000.00.
2. Approve an amendment to the current fiscal year budget in the amount of $52, 617.95
3. Authorize the Economic Development Director to execute documents necessary upon
approval as to form by the City Attorney to deliver $52,617.95 (less any debts owed to the
City) to the estate of Grace Brooks (Harriet Strickland, Trustee) as the Agency's gap
payment..
REQUEST FOR AUNCI L/REDEVELOPM ENT A�ENCY ACTION
MEETING DATE: March 15, 1999 DEPARTMENT ID NUMBER: ED 99-14
Recommended Action - City:
Motion to:
1. Approve and authorize execution of the attached OVE lease agreement between the City
of Huntington Beach and Mr. And Mrs. David Hicks by the Mayor and City Clerk.
Alternative Action(s):
1. 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 I 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 sale 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."
Grace Brooks' estate listed her mobile home for sale for the 1997 Agreed Value for a 90-day
period beginning September 1, 1997. The home has been on the market continuously since
that time, and a cash offer for $10,000 has been submitted and accepted. The Agency was
notified of the end of the 90-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.
RAAOVE34.DOC .2- 03/09/99 8:32 AM
REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION
MEETING DATE: March 15, 1999
DEPARTMENT ID NUMBER: ED 99-14
The escrow closed on December 3, 1998. Since that time, staff has been waiting for the
buyers to return the lease agreement. The agreement was recently returned for approval.
The Agency is making a gap payment under the 1988 agreement because the executor of
the estate chose not to sign the new lease that was offered under the Amended Mobile
Home Acquisition and Relocation Agreement. This is the last gap payment the Agency will
have to make at OVE.
The Agency cannot challenge the amount of the sales price. Also, the seller 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 $530 per month.
Lease Agreement
If the Agency chooses to let the sale conclude to a third -party, 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. and Mrs. Hicks are
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: $530 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
Attachmentfsl:
1. Lease Agreement
2. Purchase and Escrow Information
3. Fiscal ImDact Statement
GAB: ext.8831
RAAOVE34.DOC -3- 1 03/09/99 8:32 AM
•
Lease Agreement
�.�py i11 r
1 r- _
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
1
2.
DEMISED PREMISES
1
3.
TERM
1
4.
RENT
1
5.
STORAGE LIEN
3
6.
UNPAID RENT DUE
3
7.
PERMISSIBLE USE OF LOT
3
8.
MANAGEMENT OF PARK
3
9.
LOT MAINTENANCE
3
10.
LANDSCAPING
4
IL
PATIO FURNITURE
4
12.
PETS
4
13.
PEACE AND QUIET
4
14.
VEHICLE CONTROL
5
15.
ACCESSORY EQUIPMENT
5
16.
GARBAGE AND TRASH DISPOSAL
6
17.
INSPECTION
6
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.
UTILITIES AND OTHER CHARGES
7
25.
POSSESSORY TAXES
7
26.
TERMINATION
8
27.
INDEMNIFICATION
8
28.
RIGHT UPON BREACH
8
29.
RECEIPT OF PARK RULES
9
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
11
7/k/ovelme/l0115198
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND TENANT FOR OCCUPANCY OF SPACE IN
OCEAN VIEW ESTATES MOBILEHOME PARK
1. PARTIES: This Occupancy Agreement is made and executed this
day of EE ST u A Ry 19-IL by and between the City of
Huntington Beach, a municipal corporation (herein called "LANDLORD") and DAVID HICKS
and SANDRA HICKS (hereinafter collectively called "TENANT") pursuant to the terms of
implementation contained in the 1988 Driftwood Mobilehome Acquisition and Relocation
Agreement, as amended.
2. DEMISED PREMISES: LANDLORD hereby rents to TENANT, and
TENANT hereby rents from LANDLORD, that certain Lot known as Space No. 34 situated in
Ocean View Estates Mobilehome Park, 7051 Ellis Avenue, Huntington Beach, California.
3. TERM: This lease is for a term of twelve months beginning on
1 L� 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) $ per month, commencing /'LIAR C 0 �! S�� 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
j mp/k/hicks/ 10/ 15/98
0 0
(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.
(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 IOth 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. 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.34. 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.
j mplk/hicks/ 10/15/98
2
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
j mplk/hicks/10/ 15/48
Management beforehand. TENANTS must check with LANDLORD's Park Manager before
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.
jmp/kAicks/10/15/98
4
(B) Loud parties, intoxication, fighting, immoral conduct or children without
the supervision of an adult, are prohibited.
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 EQUIPMENT 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.
j mp/k/hicks/ 14/ 15/98
5
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.
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,
jmplklhicksl1011 5/98
6
their guests and families thereof caused by the TENANT's or his guest's negligence or misuse of
the Park.
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.
jmplk/h icks/ 10/15/98
7
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
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 leased 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 BREACH: 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.
jmp/k/hicks/W/15198
8
0
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 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 LAW: 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
jmp/k/hicks/10/15/98 _
9
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.
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.
jmp/k/h irks/1 p115/98
10
39. ENTIRETY: - This Rental Agreement and the documents incorporated
herein contain the entire agreement between the parties.
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.
TENANT:
Dav' Hicks
S, ft� �
Sandra Hicks
LANDLORD.
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
Cali is
Mayor '
REVIEWED AND APPROVED: ATTE T:
C' Administrator City Clerk �•,� Q 9
ACKNOWLEDGED APPROVED AS TO FORM:
r
ity Attorney J
Park Manager or Less
INITIATED AND APPROVED:- 4 !
Cam,
Dep City Administrator/Director of
Adnimistrative Services
jmplk/hicks/ 10/15/98
11
• 0
Purchase and Escrow Information
FROM : 0 PHONE NO. : 0 Dec. 21 1998 11:1-3RN P5
EXPRESS-
7812 Edinger Avenue • Suite 300 • Huntington Beach, GA 92647
(714) 847-4747 • FAX (714) 848-9174
December 04, 1998
Escaow COMPANY
HMMIET STRICKLAN
1531- Braraswood - Street _... ... .... ......---..----
Las Vegas, CA 89110-0000
Escrow No. 2--20403-R
Dear Stricklan:
We have completed the above -referenced escrow and are accordingly
enclosing herewith the following documents:
1. Escrow Closing Statement
2. our check in your favor for $9,173.84 representing proceeds due you
It has been a pleasure to have handled your escrow. The completed escrow
file will be kept in this office to give you faster service. Please
contact us at any time for assistance with this or any other property.
Very truly yours,
Rose Marie Wojtkiewicz,
Escrow officer
;7
FROM :
• PHONE NO. :
A&VIORE 9
ESCROW COMPANY
. Dec. 21 1998 11:13AM P5
5�<Ttxz
Escrow: 2-20403-R
Escrow officer: :rose Marie Woytklevicz
Closing Date: 12103198
ESCROW STATEMENT OF:
Harriett StriCklen
Property Addrese: 7051-Ellin Avenue, $34, Huntington Beach,. CA 92648
DEBITS CREDi4'5
FROM TO.
TOTAL CON3IDLrRATION $ $ 10,000.00
PROBATIONS: .__ _...... — .. -•- - - - - - -
Taxes for 12 Months 6 $ 348.60 07101198 12102198 I46.21
SPACE RENT-1 Moo. P $500.00 12/01/98 12102198 16.67
89CROW CHARGES:
Escrow Fee 225.00
TAX CLEARANCE 50.00
H. C. D. CHARGES.
Dup. RegiBtration Fee 25.00
ADQXrXO11M DISBURSEMENTS:
ORANGE COUNTY TAX COLLECTOR for 373.28
BALANCE DUE YOU (CHECK 9SCLOSED) 9,173.84
*TQTALg* $ 10,000.00 $
THIS STATEMENT SHOULD BE RETAINED FOR INCOME TAX PURPOSES.
10,000.00
FRAM :
-, "
p Np. . 21 1998 11:11RM P3
lriHiYu*TURED jid fflUNITITIM ) SI<r LER/ UY :R
DEPOSIT ESCROW INSTRUCTIONS (RESALES)
M-' EXPRESS ESCROW COMPANY (Dept of Corporations License 11963-os66)
7912 Edinger Avenue - Suite 300
Hueti" Beuh, California 92647
(714) 9474747 • FAX (714) $48-9174
Escrow No. 9-2Adn�—R
Date��
THE UNDERSIGNED WILL HEREBY DELIVER TO YOU, IN ESCROW, THE {'fEMS DESCRIBED BELOW A14D
INSTRUCTS YOU TO HOLD AND DISBURSE PURSUANT TO INSTRUCTIONS SET FORTH HEREIN;
A. Escrow to close on or before
or as soon as possible thereafter.
B. The Sellerunder these instructions is �..,.,..�...,.... .....
(hereinafter 'Salla'j. —
C. 7heBuyerwidatheseinstructionsis DMID HIM Arid SAN= HTW
0. Tfie following will be deposited with Escrow Agent:
1. Paid outside of _escrow .... S
Y: Cath;de¢osi(e fiErerQllfi............... i mil nt
3. Cask to be deposited prior to the close of escrow ............................ S a nnn on •••
4. Loan of teeord • ... • .......... • .......... .. ....... . ........... S
S. Otha- S
6. Total Consideration.................................................. f igmn rvs
•••Plus adherent Binds to cover closing costs.
E. The above referenced sums represent payment toward that certain manufactured home described as:
Mamtflietum's!bores and/or Model Year 1989,
5i>ie (kitgth & width), 0' X 94' sill or Federal Label#
SeriAt! :., location 711AI at t i a Av w _ e34
F. Escrow Agent is beiaby authorized and instructed to morn a Moratorium an the Title Records of the Dcpanment of Housing and
Community Dawiopment (herelaafler H.C.D.), or If applicable, obtain a KS.R. Title Report from H.C.D. Escrow Agent is relieved
of all mponsibllity and/or liability whartoover for any liens not of record with H.C.D. prior to close of escrow.
G. Whim the manufactured home Is located in a mobilehome pelt at time of sale and is to remain In the mbbilehotree park, nee of the:
following shall be delivered into escrow; Either 1) a copy of a fully s,tecuted rental agreanctty or 2) a declaration signed by puff
insnsgancnt and the pmapective homeowner (as defined la section 793.9 of the Civil Code) that the parties have agreed to the terms
and conditions of s rental agreement. By accepting either a copy of the rental aareameitt or a declaration acknowledging the same,
escrow is not undertaking to review tame 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 effotculiility of the rental agreement. The parties to this escrow warrant and represent to Facno..Ageat that any suc4 rental ..
atm intent deposited into escrow, in fact, a rental agmakent by and between park and tenant, fully and completely executed by all'
necessary parties of edina the space where the manufactured home Is located, and that same discharges any and all of escrow's
resposulbilitites to receive into escrow a fully executed copy of a rental agreement or declaration thereof.
H. When all documents, and cash sequined under time instructions have been deposited into escrow. escrow is authorized and lostnrcted
to close this escrow, pay all beets of record with H.C.D., if applicable, and disburse fiends.
L. Escrow LsIr aft authorized to comply with any condition or c+equire eist of a leader a a condition of utflizing leader's funds.
J. Escrow arm is entitied to and may retain from escrow proceeds its reasonable fesa and costa for services rendered.
IL Escrow Agent may prepare for Buyei's and Seller's execution a power of attorney for the subject inanuGstuied home sppoindag
EXPRESS, ESCROW COMPANY as their attorney in fact for the purpose of trarntfarktg'clwttasltlp and paying fees required to
H.C.U.
THE PARTIES ACICNOWLEDGE THAT THEY HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS, PROVISIONS
AND CONDITIONS CONTAINED ABOVE AND ACECNOWLEDaE RECEIPT OF A SIGNED COPY OF THIS DOCUMENT.
Harriett Stricklan
S7'RE.EZ
ADDRESS
CITY. STA'lii,
& ZIP CODE._, E wa 3rawr.CA MI
lEiEMONE NO.
BUYER
David Hicks
Sandra Hicks--
STRIrBT
ADDRESS
CITY, STATE
& 71P CODE Hurtti"Stan Beech, CA 92647
TELEPHONE NO.
sit 4f►OE 1 OF 1
TAM,tssn O aerr661% V'*.eu ewes Y A. 1. I n �1%IQ Nil.
FROM : PHONE NO. : 21 1998 11:12PIl P4
MANUFAOMI) HUM (NIU1i1LLe YIUiVI. ) ,iliLL iU 1 L,1l
-`' DEPOSIT ESCROW INSTRUCTIONS (IiESA }
Escrow No. 2-20403--n
Date 10/01 /98
L. Escrow l.mt may ptepete % 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 H.C.D. for use tnx. Bayet
acknowledges that the Stair Board of Equalisation may audit the sale and in such event payer may be required to pay the Sates
Tax diffetentlal of the consideration shown herein plus interest and penalties. If These funds are required by the State Board
of Equalization, Boyer will pay said fens direct and Escrow Agent is not to be further concerned and is relieved of any liability
concerning these additional fees.
M. lsmow Agetu is hereby authorized and instructed by the parties herein to insert the date of close of escrow on the face of the
foregoing Cenirtam of Retail Value over the signature of Buyer at close of escrow.
N. Buyer and Seller hctcby Instruct Esetow Agent to deliver all documents and monies deposited into thlz escrow Met Eary to
transfer ownership as called for In these Instructions, pay license renewal fees plus penalties, if any, and trartsfer fees to H.C.D.
0.- ft isbereby utideralood. that Buyer dull be responsible for seGlrtittg fire insuraw nn subject manufaelwed horns In an emouru
mid vvitlt aveirapany-seYfsfeereiry to i6ifder:-iM insnrm= to be obtOwd omide of ewr*w'aM 1~serom xgent ifnnt to be further
concerned therewith.
P. Escrow Agent Is authorized to maize the following prorations as of CLOSE OF ESCROW
(y) $pace item; ( ) license Fees; ( � LACK! Property Tan.
Q. If the condhiom of this escrow have not been complied with prior to the date stilted in "A'above, or any extension thereof, you
are txverthelcss to aonaplete rho escrow as soon as the condlitions, except as to time, have been compiled with unless written
&-mend shall have been made upon you not to complete it.
R- In the event of a delay in the tiding process, for whatever roman. Buyer agrees to provide Escrow Agent with a new Tax
clearance Certificate (it applicable) if one is required by H.C.D.
s. Upon cfase of escrow. Seller agrees to release #)I riglus, title and inferest in the manuractured home.
T. Addlrleaf instnictioas; Buyer and Seller each agree to pay one-half escrow free.
Escrow Holder is hereby authorized and instructed to charge accordingly.
Buyer is aware that subject mobile home is on Local Property Tax rather than on "In
Lieu Tax".
Escrow H51der is hereby authorized and instructed to order a Conditional Tax Clearance
Certificate from the County Tax Collector and to charge Seller for same,
: A$. A KA7'TM OF FL9XM ONLY WM MMICH ESaM HXM NEED NOT 8E RMHM OU CMVED:
These instructions do not intend to suparrade, modify or cancel the previous written
agre9aietlt, and any addendume thereto, if any, as executed between the parties
heretc). The sole respotsibiIities of Escrow Holder are contained in escrow
instructions only,
THE PARTiFSACANOWII.MMEr"ATTHEYRAVTRBAD.UNIABR9TOOAAN>DACRMTOTFIXTBRM%PR0VIS10NS
AND CONDITIONS CWrAINSDAII.OVEAKD ON THE, , SfAE l OF AND ACKN0V I.BDGERECE1FT0FA
SIGNED COPY OF T RIS DOCt1MffiVT.
SELLER'S INMALS
e
BUyER'S MMALS _
MOVE 2 of 2
_� . n .•--•.�.n. V__0 @strew Ca,,,1*" Rcr. 7103
FROM :
PHONE NO. AM Dec. 21 1999 11:11AM P2
OFFER TO PURCHASE
September 18.1998
We. David W. Hid a and Sandra L. Hicks offer to purdum ft mobile home owned
by Mrs. harrier Strickland loce*d at 7W Ellis !tare. apex M in HurHingbn Such
br the sum of tan thmmarnd dollars. ($10,000) This offer is valid for 30 dap and is
contingent upon the following oondlttona:
1. The property in question is legally awned by the estate of Grace P.
Brooks and is free at tiens, attaahments, or any other legal obstacle
to a prompt We.
2. That we are successful in obtaining a lease agreement vrtth the ciy of
Hurfington Beach for space rent of rnobite home
S. Thad we are approved by the City of Hun inpin Beach to live at Owu
View Estates. 7051 Ellis. omft S24.
Tanis altar is rmade In good Wth and we haroby etaw we are tinancially able to
complete this sale and can meet the month ly space rent obligations concerning t,4is
mobile home. We request that once our offer is accepted, Wier will rust ate Wer
afters.
0..Z� h��'
itW. Hides
, Standish Lane
Hundnom Beach, CA ON47
(714) WZ-M
address
Sandra L Hicks
0 .
FISCAL IMPACT STATEMENT
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICA TION
To: Ray Silver, City Administrator
From: John Reekstin, Director of Administrative Services
Subject: FIS 98-20 OVE Gap Payment
Date: March 1, 1999
As required by Resolution 4832, this Fiscal Impact Statement has
been prepared for "OVE Gap Payment."
If the City Council approves this action, (total appropriation $52,618),
the estimated undesignated Redevelopment Agency Capital Projects
Fund Balance on September 30, 1999 will be reduced to $502,000.
4�11�
J n Reekstin,
Director of Administrative Services