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HomeMy WebLinkAboutPHAM NIEM - 1998-07-06 City of Huntington Beach 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF ECONOMIC DEVELOPMENT Director 714/536-5582 Redevelopment 7141536-5582 FAX 714/375-5087 Housing 714/536-5542 July 17, 1998 Express Escrow Attention: Rose Marie Wotjkiewicz 14441 Edinger Avenue, Suite 300 Huntington Beach, CA 92647 Dear Rose Marie: SUBJECT. Ocean View Estates Mobile Home Park Space 22 (Hendrix) Purchase Escrow No. 2-19919-R Since the Huntington Beach Redevelopment Agency is not a party to the above referenced escrow, this letter will serve as your authorization to accept Check No. 481374 in the amount of$44,309.87 for deposit into the escrow. You are then authorized to release these funds to Ted and Betty Hendrix, or an authorized representative, after she (or an authorized representative) has executed a Declaration of Vacancy and Waiver Agreement. Original versions of these documents are included with this letter. Further, you will find enclosed a certified copy of a lease that was signed by the buyers of the home. Please notify the buyers that space rent for August 1 1998, in the amount of$495.00 is due after that date, as well as a $500.00 security deposit. They should contact Shari Donoho at 714-536-5228 with any questions. You may release funds to the Seller when you close the escrow. Thank you, Rose Marie, for your help with this transaction. Should you have any questions, or if you need additional information, please call me at 714-960-8831. Sincerely, GrVj. Brown Deveent Specialist GAB:lb Enclosures xC: Shari Donoho, Administrative Assistant EXPESC22 OCEAN VIEW ESTATES MOBILE HOME OWNER DECLARATION OF VACANCY AND RECEIPT OF BENEFITS I, (We), Ted Hendrix, Trustee and Betty Hendrix. Trustee the undersigned owner(s) of the mobile home in Space 22 and tenant(s) of Ocean View Estates, and as former tenants of Driftwood Beach Club Mobile Home Park who were relocated to Ocean.View Estates by the Redevelopment Agency of the City of Huntington Beach, hereby acknowledge(s) receipt of any and all relocation benefits to which he/she/they is/are entitled, and waives(s) all right to receive further;benefits under the Mobile Home Acquisition and Relocation Agreement except eligibility to-.. offer to sell to the Redevelopment Agency at agreed value following all the provisions of the Relocation Agreement thereof. Specifically, the undersigned acknowledges receipt of a gap payment from the Agency that was due under Section XI (B)(1.)(b) of the Driftwood Acquisition and Relocation Agreement. The undersigned further warrant(s) and declare(s)the he/she/they has/have vacated the above listed space and hereby relinquish(es) and all rights,title, interest to possess or occupy the above listed space. Mobile Home Owner(s): 1. Print Name: Signature: Date: 2. Print Name: Signature: Date: Accepted and approved by the Redevelopment Agency: By: Date: Title: RELEASE AND WAIVER AGREEMENT This Release and Waiver Agreement(the "Release) is entered into by and between THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, public body corporate and politic,("Agency")and Ted Hendrix,Trustee and Betty Hendrix,Trustee("Seller"). Seller and Agency have concurrently herewith entered into a Declaration of Vacancy and Receipt of Benefits pursuant to which a third party acquired from Seller, Seller's Mobilehome located in Space 22 of the Ocean View Estates Mobile Home Park, and the Agency paid a gap payment between the sales price of the home and the Agreed Value as required by Section XI(13)(1.)(b)of the Driftwood Acquisition and Relocation Agreement and Seller's leasehold interest in connection therewith and Seller waived certain rights thereunder. NOW,THEREFORE, for valuable consideration,the receipt an adequacy of which are hereby acknowledged: 1. Seller, on behalf of itself and its heirs, partners, successors,--assignees and representatives, fully releases and discharges Agency and the City of Huntington Beach(the "City")and their officers, agents and employees from all and any manner of rights, demands, liabilities,obligations,claims,or cause of actions, in law or equity, of whatever kind or nature,whether known or unknown,whether now existing or hereinafter arising, except for those set forth in this Release,which arise from or relate in any manner to(i)the acquisition of the described Property; (ii)the relocation of the Seller, including the specific waiver and release of any right to any relocation benefits, assistance and/or payments under California Government Code Section 7260, et seq., notwithstanding that such relocation assistance, benefits and/or payment may be otherwise required under said sections or other state or federal,law; and(iii) compensation for the Property,goodwill, severance damage, attorneys' fees or any other compensation of any nature whatsoever. Seller has been advised by its attorney and has read and understood the provisions of Section 1542 of the California Civil code,which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Nevertheless, Seller does hereby assume all risks for claims,known or unknown,heretofore or hereafter arising from or relating to the subject matters of this Release and does hereby waive all of its respective rights under Section 1542 of the California Civil Code. 2. Agency and Seller each agree,warrant and represent that they have carefully read the contents of this Release and that, in executing this Release,they do so with full knowledge of any right which they may have,that they have received independent legal advice from their attorneys,or in the alternative,knowingly have determined not to seek legal advice with respect to the matters set forth herein,and that Seller has freely signed this Release without relying on any agreement,promise,statement or representation by or on behalf of either Agency,or its officers,agents,employees,attorneys except as specifically set forth in this Release and the Agreement. 3. The statements,representations and recitals contained in this Release are to be considered contractual in nature and not merely recitations of fact. This Release shall be binding upon,and inure to the benefit of,the parties hereto and their respective heirs,agents,successors, legal representatives and assigns. 4. The laws of the State of California shall govern this Release in all respects, including, but not limited to, matters of construction,validity,enforcement and interpretation. If any legal action is brought to enforce, construe, interpret or invalidate the terms of this Release and Waiver Agreement,the prevailing party shall be entitled to all costs and expenses incurred in any such action including court costs and reasonable attorney's fees, in addition to any other relief to which they may be entitled. 5. The effective date of this Release shall be the date of execution by Agency. 6. Agency and Seller agree that the drafting and negotiation of this Release has been participated in by Agency and Seller, and for all purposes this Release shall be deemed to have been drafted jointly by Agency and Seller. 2 7. Each and every representation,warranty,covenant,agreement, indemnification,and provision of this Release shall be binding upon and shall inure to the benefit of the respective heirs, executors, administrators, affiliates,employees, successors and assigns of the parties hereto. 8. Each party agrees to execute such other and further documents as may be necessary or convenient to carry out the term of this Release. 9. Except as expressly set forth in paragraph 1 hereof, Seller acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims or demands and agrees that this Release shall be and remain effective in all respects not withstanding any such differences or additional facts. 10. Seller warrants that no assignment of said claims, demands,or causes of action has been made to any person. Seller agrees to indemnify and hold harmless the Agency,the City, and their officers, employees, and agents, against assertion of any claim, demand, or cause of action arising out of any assignment of said claims, demands, or causes of action. 11. If applicable to Space 3, the Seller hereby acknowledges that they did not,may not have, and will not receive wheels,tires, axles or wheel hubs with the mobile home governed by this escrow which was purchased by the Redevelopment Agency of the City of Huntington Beach and delivered to Ocean View Estates by Performance Mobile Home, Inc. Furthermore,the undersigned has informed the buyer of this situation and will not seek from any other party to this escrow damages or other relief caused by not receiving such wheels, tires, axles or wheel hubs. 12. The Seller acknowledges that if the Agency within one year makes any substantiated claim for over compensation to the Seller,the Seller will agree to reduce his 1996 Agreed Value by such substantiated claim. 13. Except as set forth in the Agreement,this Release contains the entire agreement and understanding concerning the subject matter hereof between the parties thereto and supersedes and replaces all prior negotiation, proposed agreements,and agreements, whether written or oral. Seller acknowledges that no promises, representations,or warranties whatsoever, express or implied,no contained herein concerning the subject matter hereof,have been made by Agency or City to induce Seller to execute this instrument. Seller further acknowledges and warrants that it is not executing this Release in reliance on any promise, representation, or warranty not contained herein,or under duress or coercion,whether economic or otherwise. SELLER: DATE: (SIGNATURE) (PRINT NAME) DATE: (SIGNATURE) (PRINT NAME) AGENCY: THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: (SIGNATURE) (PRINT NAME) (TITLE) 3 Council/Agency Meeting Held: 2 f i /9 f Deferred/Continued to: Q(Approveod ElConditionally Approved ElDenied 0e-p-4y City Clerk's Signature Council Meeting Date: July 6, 1998 Department ID Number: ED 98-25 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 Directof' PREPARED BY: DAVID C. BIGGS, Economic Development Dir ROBERT J. FRANZ, Deputy City Administrato SUBJECT: Authorize Sale And Transfer Of Ownership: Ocean View states (7051 Ellis Avenue) Mobile Home Unit #22 Statement ofissue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachmentts) Statement of Issue: The owner-occupants of Space 22 have 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 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 ($54,309.87 - $10,000.00 = $44,309.87) pursuant to the Driftwood Acquisition and Relocation Agreement. Funding Source: Redevelopment Administration Account No. E-TW-ED-801-6-10-00. Recommended Action - Redevelopment Agency: Motion to: 1. Authorize the sale of Ocean View Estates Space #28 by Ted and Betty Hendrix to Mr._ and Mrs. Niem Pham for $10,000, and approve and authorize execution of the attached OVE lease agreement between the City of Huntington Beach and the Pham's by the Mayor and City Clerk. 2. Authorize the Economic Development Director to execute documents necessary to deliver $44,309.87 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. and Mrs. Niem Pham. ,1 REQUEST FORIPOUNCIL/REDEVELOPMENT91GENCY ACTION MEETING DATE: July 6, 1998 DEPARTMENT ID NUMBER: ED 98-25 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 I or II, 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." Ted and Betty Hendrix listed their mobile home for sale for the 1994 Agreed Value for a 90- day period beginning November 8, 1995. 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 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 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 $495 per month. RAAOVE22.DOC -2- 06/24/98 5:07 PM REQUEST FORPOUNCIL/REDEVELOPMENTIPGENCY ACTION MEETING DATE: July 6, 1998 DEPARTMENT ID NUMBER: ED 98-25 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. and Mrs. Pham are acceptable tenants, and the lease agreement was offered for their signatures and returned for Council approval. The terms of the proposed lease are as follows: $495/month for the first 12 months; $545/month for the second 12 months; and $595/month for the third 12 month term. 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 fifth 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: N/A Attachment(s): City Clerk' Page Number No. Description 1. Lease Agreement. 2. Purchase and Escrow Information. GAB: ext. 8831 RAA0VE22.00C -3- 06/24/98 5:07 PM LEASE AGREEMENT TAC4,�� ��... �h��� �ME ............. NT ............# 1 ����Pi�iidlll�tl���lllh�� ... 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 madeand executed this day of C)u '1 , 19- % by and between the City of Huntington Beach, a municipal corporation(herein called "LANDLORD") and MR. and MRS. NIEM PHAM(hereinafter 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. 22 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 n�\>>`�°�� . 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) $ �^ q per month, commencing e5� ��`�� 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 7/k/oveleas2/6/16/98 1 (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 loth 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 mobilehome 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 mobilehome placed on Space No. 22. 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. 7/k/oveleas2/6/16/98 2 6. UNPAID RENT DUE: TENANT hereby agrees that LANDLORD may recover any unpaid rent and charges due prior to the sale of the mobilehome. 7. PERMISSIBLE USE OF LOT: The lot shall be used for a mobilehome, 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 mobilehome 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 mobilehome. (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 7/k/oveleas2/6/16/98 3 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 mobilehome. 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. 7/k/oveleas2/6/16/98 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 mobilehome 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. 7/k/oveleas 2/6/16/98 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 MOBILEHOMES: Subletting of mobilehomes 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 mobilehome, 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 mobilehome 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 mobilehomes. TENANT agrees to pay for all damage to the Park and Lot, as well as all damages to other TENANTS, 7/k/oveleas2/6/16/98 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, motorhomes, 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. Udoveleas2/6/16/98 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. 7/k/oveleas2/6/16/98 8 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 other insurance policy insuring said Premises or the improvements on said Premises. TENANT 7/k/oveleas2/6/16/98 9 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. 7/k/oveleas2/6/16/98 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: LANDLORD: 1 CITY OF HUNTINGTON BEACH, A municipal corporation of the State of Mr. NierdPharri California Mrs. Niem Pham yor REVIEWED AND APPROVED: ATTEST: -0 try Administrator C � City Clerk ACKNOWLEDGED APPROVED AS TO TORM: Park Manager or Less City Attorney OVED: bll eputy CVity m' istrator/Directo Administrative Services 7/k/oveleas 2/6/16/98 11 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 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 6 17. INSPECTION 6 18. SUBLETTING MOBILEHOMES 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. RENTER'S 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 I I 7/k/ovelease/6/5/98 � r PURCHASE AND ESCROW DOCUMENTS ATTAC � NT�� #�2 EXPr4ESS i � 7812 Edinger Avenue • Suite 300 • Huntington Beach, CA 92647 (714) 847-4747 • FAX (714) 848-9174 ESCROW COMPANY June 10, 1998 CITY OF HUNTINGTON BEACH r� Redevelopment Department 2000 Main Street J � Huntington Beach, CA 92648 o �l� ATTN: GREG BROWN 04'D �� a%� -4 Escrow No. 2-19919-R ©�CFTpk. Dear Mr. Brown: Enclosed is an amendment to the original Escrow Instructions for the mobilehome located at 7051 Ellis Street, Space 22, Huntington Beach, CA 92648.. Please forward your funds due Seller, Ted & Betty Hendrix, as soon as possible. If you have any questions, please feel free to call me. Very truly yours, h Rose Marie Wojtkiewicz, Escrow Officer PA= ESCROW COMPANY EXPRESS June 10, 1998 Escrow No.: 2-19919-R TO: EXPRESS ESCROW CO. Property Address: 7051 ELLIS STREET, SPACE 22, HUNTINGTON BEACH, CA 92648 ADDITION AND/OR AMENDMENT TO ESCROW INSTRUCTIONS The instructions in the above-numbered escrow are hereby modified, amended and/or supplemented in the following particulars only: The SEller`s vesting is corrected to read: TED HENDRIX, TRUSTEE AND BETTY HENDRIX, TRUSTEE. Escrow Holder is hereby authorized and instructed to request funds due Seller from the City of Huntington Beach Redevelopment Department in the amount of $44,309.87. All other terms and conditions remain the same. END OF AMENDMENT BUYER: NIEM PRAM MINH LE PHAN SELLER: TED HENDRIX, TRUSTEE BETTY HENDRIX, TRUSTEE EACH OF THE ABOVE SIGNED STATES HE HAS READ THE FOREGOING INSTRUCTIONS AND UNDERSTANDS AND AGREES TO THEM. Certified to be a true and correct copy of th dglnal EXPRES ESCROW COMPANY a 7812 Edinger Avenue • Suite 300 • Huntington Beach, CA 92647 (714) 847-4747 • FAX (714) 848-9174 ESCROW COMPANY June 08, 1998 CITY OF HUNTINGTON BEACH "7 g Redevelopment Department ��V 2000 Main Street Huntington Beach, CA 92648 ATTN: GREG BROWN Escrow No. 2-19919-R Dear Mr. Brown: An. escrow has been opened with this company for the sale of the mobilehome located at 7051 Ellis Street. Space 22, Huntington Beach, CA . Please forward your funds due Seller, Ted & Betty Hendricks, as soon as possible. I have enclosed certified copy of Escrow Instructions for your records. If you have any questions, please feel free to call me. Very truly yours, Rose Marie Wojtkiewicz, Escrow Officer - _ - -DEPOSIT ESCROW INSTRUCTIONS (RESALES) TO: EXFM ESCROW COMPANY(Dept.of Corporations Licen*3-0568) Escrow No. 2-19919—R 781 nger Avenue•Suite 300 Huntington Beach,California 92647 Date 06/O2/9R (714)847-4747 -FAX(714)848.9174 THE UNDERSIGNED WILL HEREBY DELIVER TO YOU, IN ESCROW, THE ITEMS DESCRIBED BELOW ANI INSTRUCTS YOU TO HOLD AND DISBURSE PURSUANT TO INSTRUCTIONS SET FORTH HEREIN: A. Escrow to close on or before July 17, 1998 or as soon as possible thereafter. B. The Seller under these instructions is TED HENDRICKS, TRUSTEE and BETTY HENDRICKS, TRUSTEE (hereinafter"Seller"). C. The Buyer under these instructions is NIEM PHAM and MINH LE PHAM (hereinafter"Buyer"). D. The following will be deposited with Escrow Agent: 1. Paid outside of escrow . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . .. S 2.Cash,deposited herewith . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . S 50O.00 3.Cash,to be deposited prior to the close of escrow $ 9-- OO ••• 4. Loanofrecord . . .. . . . .. . .. .. . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . S 5. Other: $ 6.Total Consideration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S 10,000.00 ••'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 1989 , Size(length&width) 60 X 24 D.O.H. Insignia or Federal Label# CAL360067.CAL360068 Serial# 4572044OA•-Y 720440BY Location 7051 f.TR RTRF.ET T. SPACE 22 HUNTINGTON A.ACH, CA 92648 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 16 a mobilehome park at time of sale and is to remain in the mobilehome 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,fully 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. J. 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 Seder's 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 T E TERMS,PROVISIONS AND CONDITIONS CONTAINED ABOVE AND ACKNOWLEDGE RECEIPT OF AY OF THIS DOCUMENT. SELLER BUYER TED HENDRICKS, TRUSTEE NIEM P±—�- 1 BETTY HENDRICKS, TRUSTEE MINH LE P STREET STREET ADDRESS '706 orrIS STREET SPACE-22 ADDRESS_6109 Mannrfiel CITY, STATE, CITY, STATE &ZIP CODE 111t 11MON REACH, CA 92648 &ZIP CODE Huntincton Beach C 2ti,48 TELEPHONE NO. (71A)—A42-6126 TELEPHONE NO. 714 —848-7755 PAGE I OF 2 EER-129A©Copyright Express Escrow Company Rev.5/3N7 DEPOSIT ESCROW INSTRUCTIONS (RESALES) • Escrow No. 2-19919-R Date 06/02/98 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 H.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 Viability 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 t. transfer ownership as called for in these instructions,pay license renewal fees plus penalties, if any,and transfer fees to H.C.D. 0. 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 following prorations as of CLOSE OF ESCROW Space Rent; ( ) License Fees; ( ) Local Property TiXSpaee 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 H.C.A. S. Upon close of escrow,Seller agrees to release all rights,title and interest in the manufactured home. T. Additional instructions: Buyer is aware that subject mobile 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 Collector and to charge Seller for same. Buyer shall obtain structural pest control report by a state licensed operator showing accessible areas of buildings upon the subject property to be free of visible infestation caused by wood destroying insects, fungi, and/or dry rot. You are hereby authorized and instructed to pay for said report and corrective work, if required, from funds deposited for the account of Buyer, upon presentation of billing and Certificate of Completion. Buyer shall obtain a one year Home Protection Plan Contract. Escrow Holder is hereby instructed to pay premium for same from funds deposited £or the account of Buyer at the close of escrow. All parties hereby acknowledge that property being sold in "AS Is" condition and seller makes no warranty to its condition, expressed or implied. Buyer and Seller each agree to pay one-half escrow fee. Escrow Holder is hereby authorized and instructed to charge accordingly. F, i,�6m �� TIIE PARTIES ACKNOWLEDGETHATTHEY HAVEREAD,UNDERSTOOD AND AGREEDTO THE TE OVISIONS AND CONDITIONS CONTAINED ABOVE AND ON THE REVF_RSF. SIDE HER AND ACKNOWLEDGE EIPT OF A SIGNED COPY OF THIS DOCUMENT. SELLER'S INITIALS BUYER'S.INITIALS .PAGE 2 OF 2 CER-12913 0 Copyright Express Escrow Company Rev.7/1/93 RCA ROUTING SHEET INITIATING DEPARTMENT: Economic Development SUBJECT: OVE OWNERSHIP TRANSFER COUNCIL MEETING DATE: July 6, 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 (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Attached Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbud et, 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:FORMISSaNG ATTACHMENTS. . ..: .........__... - ........ . .... __ _ _ _. _ _ .. - - _ ............ ... .. .... . ..... FORWARDED.. ....... ........ ... _.. ..... Administrative Staff Assistant City Administrator Initial City Administrator Initial [City Clerk . ...... .... .... .._...._ ... ..._.. ........... _ . _. ..... . ....... ....... ......_. EXPLANATION FORRETURN OF ITEM. SpaceOnly) RCA Author: COVER PAGE REQUEST FOR LATE SUBMITTAL (To accompany RCA) Department: Economic Development Subject OVE Transfer of Ownershi..........;.-............ . .. ......... ............. ................ ..... .. . . ..... ...................... .................................. . Council Meeting Date: 7/6/98 Date of This Request: 6/29/98 REASON (Why is this RCA being submitted late?): Lease was signed by the prospective purchaser after the agenda deadline. EXPLANATION (Why is this RCA necessary to this agenda?): The Redevelopment Agency is required by contract to make all reasonable attempts to submit transfer documents for approval in a timely manner. CONSEQUENCES (How shall delay of this RCA adversely impact the City?): Legal action by the Seller is one possible adverse consequence. .. . Signature: Approved Cl Denied Departm ead ilver 6-1046 City Administrator ..