HomeMy WebLinkAboutSTANLEY PARKER - 1999-01-12 LEASE AGREEMENT BETWEEN THE CITY
OF HUNTINGTON BEACH AND MOBILEHOME OWNER
FOR OCEAN VIEW ESTATES
This Lease Agreement ( "Lease" ) , dated
199 ("Operative Date") , is made by and between the City of
Hu �tington each (herein called " LESSOR" ) and
� J _.j., �.� �% ("LESSEE") .
WHEREAS, LESSEE desires to lease certain real property owned
by LESSOR, and LESSOR desires to let such real property to LESSEE,
WHEREAS , the parties intend that the Lease herein shall be
used for the placement of a Mobilehome,
NOW, THEREFORE, in consideration of the covenants and promises
herein contained, the parties do hereby agree as follows :
SECTION 1 . PREMISES, PARKING AND COMMON. AREAS .
1 . 1 Premises . LESSOR hereby leases to LESSEE and LESSEE
leases from LESSOR for the Term, for the Base Rent, and upon all of
the conditions set forth herein, that certain real property
situated in the County of Orange, State of California, commonly
known as Mobilehome Space No, d7 within the Ocean View Estates
Mobilehome Park, Huntington Beach, California, herein referred to
as the "Premises" (as indicated on Exhibit 1 attached hereto and
incorporated herein by this reference) , including the improvements
thereon and rights to the Common Areas of Ocean View Estates
located outside the Premises, as hereinafter specified.
The lease of the Premises herein shall be as a suitable space
for the placement thereon of a Mobilehome . "Mobilehome" steal-1 -mean
a manufactured home or mobilehome, including all permanently
installed fixtures and fittings that are attached or appurtenant to
the main structure or for which special openings have been made,
including without limitation built-in appliances, electrical ,
plumbing, and lighting systems, heating and air conditioning units,
water heaters, attached floor coverings, television antennas, and
wheels and axles, and any shutters, screens, and window coverings ,
awnings, cabanas, storage cabinets, storage buildings, private
garages, carports, fences, wind breaks or porches, mailbox, and any
residential building or structure established for the use of the
occupant of a manufactured home or mobilehome on the Premises .
1 . 2 Vehicle _Parking. ` LESSEE shall be entitled to parking
spaces, unreserved and unassigned, on those portions of the Common
Areas designated by LESSOR for parking. LESSOR shall at all times
provide the parking facilities required by applicable law and in no
event shall the number of parking spaces that LESSEE is entitled to
under this paragraph 1 . 2 . be reduced.
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1 . 3 Common Areas - Definition. The term "Common Areas" is
defined as all areas and facilities outside the Premises that are
provided and designated by the LESSOR from time to time for the
general non-exclusive use of LESSOR, LESSEE and of sublessees of
the Premises and their respective employees, suppliers, shoppers ,
customers and invitees, including parking areas, loading and
unloading areas, trash areas, roadways, sidewalks, walkways ,
parkways, driveways and landscaped areas .
1 . 4 Common Areas - LESSEE' s Rights . -LESSOR hereby grants the
LESSEE, for the benefit of LESSEE and its employees, suppliers,
shoppers, customers and invitees, during the Term of this Lease,
the non-exclusive right to use, in common with others entitled to
such use, the Common areas as they exist from time to time, subject
to any rights, powers, and privileges reserved by LESSOR under the
terms hereof.
1 . 5 Common Areas Rules and Regulations . LESSOR or such
other person(s) as LESSOR may appoint shall have the exclusive
control, management- and maintenance of the Common Areas and shall
have the right, from time to time, to establish, modify, amend and
enforce reasonable rules . and regulations with respect thereto .
LESSEE agrees to abide by and conform to all suc rules aria
regulations, and to cause its Sublessees and their employees,
suppliers, shippers, customers, and invitees to so abide and
conform.
1 . 6 Common Areas - Changes . LESSOR shall have the right ,
with LESSEE' s approval, from time to time to :
(a) Make changes to the Common Areas ;
(b) Close temporarily any of the Common Areas for
maintenance purposes as long as reasonable access to the
Premises remains available; and
(c) Use the Common Areas while engaged in making
additional improvements, repairs or alterations to the
Premises or any portion thereof.
SECTION 2 . TERM.
The term of this Lease shall be for twenty (20) years
commencing on the Operative Date, as shown above ( "Term" )
SECTION 3 . RENT.
3 . 1 Base Rent . LESSEE shall pay to LESSOR, as "Base Rent"
for the Premises, without any offset or deduction, except as may be
otherwise expressly provided in this Lease, TWO HUNDRED EIGHT AND
00/100 DOLLARS ($208 . 00) per month, paid on a monthly basis, in
advance on the first day of each month. A cost-of-living increase
shall be cApplied to such Base Rent on each anniversary of the
Operative Date of this Lease in accordance with the percentage
increase in the Consumer Price Index published by the United States
)
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Department of Labor, Bureau of Labor Statistics, for the Los
Angeles, Anaheim, Riverside area (All Items) between the date that
is sixteen (16) months prior to each annual adjustment date and the
date that is four (4) months prior to said annual adjustment date ,
with a minimum increase of three percent (3%) per year and a
maximum increase of six percent (6%) per year. Rent shall be
payable to LESSOR at the address stated herein or to such other
persons or at such other places as LESSOR may designated in
writing.
3 . 2 Operating Expenses . LESSOR shall provide and pay for
operating expenses as hereinafter defined, during each calendar
year of the Term of this Lease. "Operating Expenses" is defined,
for the purposes of this Lease, are all costs incurred by LESSOR,
if any, for:
(a) The operation, repair and maintenance, in neat ,
clean, good order and conditions, of the following :
(1) The Common Areas, including parking areas ,
loading and unloading areas, trash areas ,
roadways, sidewalks, walkways, parkways ,
driveways, landscaped areas, striping,
bumpers, irrigation systems, Common Area
lighting facilities, and fences and. gates ;
(2) Trash disposal services;
(3) Mobilehome Owner directories ;
(4) Fire detection systems including sprinkler
system maintenance and repair; and
(5) Security Services, as LESSOR shall determine
may be necessary.
(b) The cost of water, gas and electricity to service
the Common Areas.
SECTION A . USE.
4 . 1 Use . The Premises shall be used and occupied as a mobile
home park.
4 . 2 Compliance with Law.
(a) LESSOR warrants to LESSEE that the Premises in the
state existing on the date that the Term commences, does not
violate any covenant or restriction of record, or any
applicable building code, regulation or ordinance in effect on
such Term commencement date. In the event it is determined
that this warranty has been violated, then it shall be the
obligation of the LESSOR, after written notice from LESSEE and
at LESSOR' s sole cost and expense, to rectify any such
violation within a reasonable time.
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(b) Except as provided in paragraph 5 . 2 (a) , LESSEE,
shall, at LESSEE' S expense, promptly comply with all
applicable statutes, ordinances, rules, regulations, orders ,
covenants and restrictions of record, and requirements of any
fire insurance underwriters or rating bureaus, now in effect
or which may hereafter come into effect, whether or not they
reflect a change in policy from that now existing, during the
Term or any part of the Term hereof, relating in any manner to
the Premises and the occupation and use by LESSEE of the
Premises and of the Common Areas . LESSEE shall not use nor
permit the use of the Premises or the Common Areas in any
manner that will tend to create waste or a nuisance or shall
tend to disturb other uses of the Premises .
4 . 3 Condition of Premises .
(a) LESSOR shall deliver the Premises to LESSEE clean
and free of debris and on the Operative Date and LESSOR
warrants to LESSEE that the plumbing, lighting, air
conditioning (if any) and heating in the Premises shall be in
good operating condition on the Operative Date . In the event
that it is determined that this warranty has been violated,
then it shall be the obligation of LESSOR, after receipt of
written notice from LESSEE setting forth with specificity the
nature of the violation, to promptly, at LESSOR' s sole cost ,
rectify such violation.
(b) Except as otherwise provided in this Lease, LESSEE
hereby accepts the Premises in their condition existing as of
the Operative Date or the date that LESSEE takes possession of
the Premises, whichever is earlier, subject to all applicable
zoning, municipal , county and state laws, ordinances and
regulations governing and regulating the use of the Premises
and any covenants or restrictions of record, and accepts this
Lease subject thereto and to all matters disclosed thereby and
by any exhibits attached hereto.
SECTION 5 . MAINTENANCE REPAIRS ALTERATIONS AND COMMON AREA
SERVICES .
5 . 1 LESSOR' s Obligations. Subject to the provisions of
paragraphs 4 (use) and 5.2 (LESSEE' s obligations) and except for
damage caused by any negligent or intentional act or omission of
LESSEE, LESSEE' s agents or invitees, in which event LESSEE shall
repair the damage, LESSOR, at LESSOR' S expense, shall keep the
Common Areas in neat, clean and good order, condition and repair.
It is expressly understood that LESSOR' s obligations hereunder
shall not include the repair or maintenance of any Mobilehome or
other improvement placed on the Premises by LESSEE . LESSEE
expressly waives the benefits of any statute now or hereafter in
effect which would otherwise afford LESSEE the right to make
repairs at LESSOR' s expense or to terminate this Lease because of
any alleged LESSOR' s failure to keep the Premises in good order,
condition and repair. LESSOR shall not be liable for damages or
loss of any kind or nature by reason of LESSOR' s failure to furnish
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any Common Area Services when such failure is caused by accident ,
breakage, repairs, strikes, lockout, or other labor disturbances or
disputes of any character, or by any other cause beyond the
reasonable control of LESSOR.
5 .2 LESSEE' s Obligations .
(a) In addition to the provisions of paragraph 4 (Use) ,
LESSEE, at LESSEE' s expense, shall also keep in reasonably
good order, condition and repair the Premises, Mobilehome and
every part thereof including, without limiting the generality
of the foregoing, all plumbing, heating, ventilating and air
conditioning systems, electrical and lighting facilities and
equipment within the Premises, fixtures, interior walls and
interior surfaces of exterior walls, ceilings, windows, doors ,
plate glass, and skylights located within the Premises .
LESSEE shall be required to maintain, repair or replace
windows, doors and/or plate glass of any Mobilehome . In the
case of latent defects, LESSEE shall have no obligation to
make -repairs under this paragraph 5 .2 until a reasonable time
after receipt of written notice from LESSOR of the need for
such repairs .
(b) If LESSEE fails to perform LESSEE' s obligations
under this paragraph 5 . 2 or under any other paragraph of this
Lease, LESSOR may enter upon the Premises after ten (10) days '
prior written notice to LESSEE (except in the case of
emergency, in which no notice shall be required) , perform such
obligations on LESSEE' s behalf and put the Premises in good
order, condition and repair, and the cost thereof, together
with interest thereon at the maximum rate then allowable by
law, shall be due and payable as additional rent to LESSOR
together with LESSEE' s next Base Rent installment .
(c) On the last day of the Term hereof, or on any sooner
termination, LESSEE shall surrender the Premises to LESSOR in
the same condition as received, ordinary wear and tear
excepted, clean and free of debris . Any damage or
deterioration of the Premises shall not be deemed ordinary by
the installation or removal of LESSEE' s trade fixtures,
alterations, furnishings and equipment . Notwithstanding
anything to the contrary otherwise stated in this Lease,
LESSEE shall leave any air lines, power panel, electrical
distribution systems, lighting fixtures, space heaters, air
conditioning, plumbing and fencing on the Premises in good
operating condition.
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SECTION 6 . INSURANCE; INDEMNITY.
6 . 1 Liability Insurance - LESSEE . LESSEE shall , at LESSEE` S
expense, obtain and keep in force during the Term of this Lease a
policy of Combined Single Limit Bodily Injury and Property Damage
Insurance insuring LESSEE and LESSOR against any liability arising
out of the use, occupancy or maintenance of the Premises . Such
insurance shall be in an amount not less than $500, 000 per
occurrence . The policy shall insure performance by LESSEE of the
indemnity provisions of this paragraph 6 . 1 :
6 .2 Liability Insurance LESSEE. LESSEE shall obtain and
keep in force during the Term of this Lease a policy of General
Liability insurance consistent with City of Huntington Beach
Resolution No. 5835 insuring against any liability arising out of
the ownership, use, occupancy or maintenance of the Premises .
6 . 3 Property Insurance. LESSEE shall obtain and keep in
force during the Term of this Lease a policy or policies of
insurance covering loss or damage to the Premises, including
LESSEE' s personal property, fixtures, equipment or.improvements, in
an amount not to exceed the full replacement value t::ereof, as the
same may exist from time to time, providing protection against all
perils included within the classification: of Fire, extended
coverage, vandalism, malicious mischief, flood (in the event same
is required by a lender having a lien on the Premises) , special
extended perils ( "all risk, " as such term is used in the insurance
industry) ; plate glass insurance and such other insurance as LESSOR
deems advisable.
6 . 4 Indemnity. LESSEE shall indemnify and hold harmless
LESSOR from and against any and all claims arising from LESSEE' s
use of the Premises, or from the conduct of LESSEE' s business or
from any activity, work or things done, permitted or suffered by
LESSEE in or about the Premises or elsewhere and shall further
indemnify and hold harmless LESSOR from and against any. and all
claimo arising from any breach or default in the performance of any
obligation on LESSEE' s part to be performed under the: terms of this
Lease, or arising from any act or omission of LESSEE, or any. of
LESSEE' s. agents, contractors, or employees, and from and against
all costs, attorney' s fees, expenses and liabilities incurred in
the defense of any such claim or any action or proceeding brought
thereon; and in case any action or proceeding be brought against
LESSOR by reason of any such claim, LESSEE upon notice from LESSOR
shall defend the same at LESSEE' s expense by counsel reasonably
satisfactory to LESSOR and LESSOR shall cooperate with LESSEE in
such defense . LESSEE, as a material part of the consideration to
LESSOR hereby assumes all risk of damage to property of LESSEE or
injury to persons, in, upon or about the Premises arising from any
cause and LESSEE hereby waives all claims in respect thereto
against LESSOR.
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SECTION 7 . REAL PROPERTY TAXES .
7 . 1 PayLnent of Tax Increase . LESSEE shall pay any real
property or possessory interest tax, as defined in paragraph 7 . 2
below, applicable to the Premises .
7 . 2 Definition of "Real Procerty 'pax. As used herein, the
term "real property tax" shall include any form of real estate tax
or assessment, general , special, ordinary or extraordinary, and any
license fee, commercial rental tax, improvement bonds or bonds,
leery or tax (other than inheritance, personal income or estate
taxes) imposed on the Premises by any authority having the direct
or indirect power to tax, including any city, county, state or
federal government, or any school, agricultural , sanitary, fire,
street, drainage or other improvement district thereof, as against
any legal or equitable interest of :ESSO in the Premises or in any
portion thereof, as against LESSO ` s right to rent or other income
therefrom, and as against LESSOR' s business of leasing the
Premises . The terry. "real property tax" shall also include any tax,
fee, levy, assessment or charge (i) in substitution of, partially
or totally, any tax, fee, levy, assessment or charge hereinabove
included within the definition of "real property tax, " or (ii) the
nature of which was hereinbefore included within the definition of
"real property tax, " or (iii) which is imposed by reason of this
transaction, any modifications or changes within, or any transfers
hereof .
SECTION S . UTILITIES .
LESSEE shall pay for all water, gas, heat, light, power,
telephone and other utilities and services supplied to the
Premises, together with any taxes thereon. If any such services
are not separately metered to the Premises, LESSEE shall pay at
LESSOR' s option, either LESSEE' s share or a reasonable proportion
to be determined by LESSOR of all charges jointly metered with
other part of the Premises. r
SECTION 9 . ASSIGNMENT AND _SUBLETTING.
9 . 1 LESSEE` s Right to Sublet. LESSEE shall have the right to
assign, transfer, mortgage, sublet, or otherwise transfer or
encumber all or any part of LESSEE' s interest in the Lease or in
the Premises only with LESSOR' s prior written consent .
9 . 2 No assignment shall release LESSEE of LESSEE' s
obligations hereunder or alter the primary liability of LESSEE to
pay the Base Rent and to perform all other obligations to be
performed by LESSEE hereunder.
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SECTION 10 . DEFAULT; REMEDIES .
10 . 1 ngjLault . The occurrence of any one or more of the
following events shall constitute a material default of the Lease
by LESSEE:
(a) The failure by LESSEE to make any payment or rent or
any other payment required to be made by LESSEE hereunder, as
and when due, where such failure shall continue for a period
of fifteen (15) days after written notice thereof from LESSOR
to LESSEE.
(b) Except as otherwise provided in this Lease, the
failure by LESSEE to observe or perform any of the covenants ,
conditions or provisions of this Lease to be observed or
performed by LESSEE where such failure shall continue for a
period of thirty (30) days after written notice thereof from
LESSOR co LESSEE; provided, however, that if the nature of
LESSEE' S noncoripliance is such that more than thirty (30) days
are reasonably required for its cure, then LESSEE shall not be
deemed co be in default if LESSEE commenced such cure within
said thirty (30) day period and thereafter diliaently
prosecutes such cure to completion.
10 . 2 Remedies . In the event of any such material default of
LESSEE, LESSOR may at any time thereafter, with or without notice
or demand and without limiting LESSOR in the exercise of any right
or remedy which LESSOR, have by reason of such default : .
(a) Terminate LESSEE' s right to possession_ of the
Premises by any lawful means, in which case this Lease and the
Term hereof shall terminate and LESSEE shall immediately
surrender possession of the Premises to LESSOR. In such event
LESSOR shall be entitled to recover from LESSEE all ' damages
incurred by LESSOR by reason of LESSEE' s default including ,
but not limited to, the cost of recovering possession of ' the
Premises; expenses of reletting, including necessary
renovation and alteration of the Premises, reasonable
attorney' s fees, and any real estate commission actually paid;
the value at the time of award by the court - having
jurisdiction thereof of the amount by which the unpaid rent
for the balance of the Term after the time of such award
exceeds the amount of such rental loss for the same period
that LESSEE proves could be reasonably avoided; that portion
of the leasing commission paid by LESSOR applicable to the
unexpired Term of this Lease.
(b) Maintain LESSEE' s right to possession in which case
this Lease shall continue in effect whether or not LESSEE
shall have vacated or abandoned the Premises . In such event
LESSOR shall be entitled to enforce all LESSOR' s rights and
remedies under this Lease, including the right to recover the
rent as it becomes due hereunder.
(c) Pursue any other remedy now or hereafter available
to LESSOR under the laws or judicial decisions of the state of
California. Unpaid installments of rent and other unpaid
monetary obligations of LESSEE under the terms of this Lease
shall bear interest form the date at the maximum rate then
allowable by law.
10 . 3 Default by LESSOR. LESSOR shall not be in default unless
LESSOR fails to perform obligations required of the LESSOR within
a reasonable time, but in no event later than thirty (30) days
after written notice by LESSEE to LESSOR, specifying wherein LESSER
has failed to perform such obligation; provided, however, that if
the nature of LESSOR' s obligation is such that more than thirty
(30) days are required for performance, then LESSOR shall not be in
default if LESSOR commences performance within such thirty (30) day
period and thereafter diligently prosecutes the same to completion .
1.0 . 4 Remedies for LESSEE. In the event of a default by
LESSOR, LESSEE may abate its rent due to recover any damages
suffered as a result of the default.
SECTION 11 . CONDEMNATION.
If the Premises or any portion thereof are taken under th.e
power of eminent domain, or sold under the threat of the exercise
of said power (all of which are herein called "condemnation" ) , this
Lease shall terminate as to the part so taken as of the date the
condemning authority takes title or possession, whichever first
occurs . If more than ten percent of the area of the Premises, or
more than twenty-five percent of that portion of the Common Areas
designated as parking for the Premises, is taken by condemnation,
LESSEE may, at LESSEE' s option, to be exercised in writing only
within ten . (10) days after LESSOR shall have given LESSEE written
notice of such taking (or in the absence of such notice, within ter.
(10) days after the condemning authority shall have taken
possession) , terminate this Lease as of the date the condemning
authority takes such possession. If LESSEE does not terminate this
Lease in accordance with the foregoing, this Lease shall remain, in
full force and effect as to the portion of the Premises remaining,
except that the rent shall be reduced in the proportion that the
area of the Premises taken bears to the total area of the Premises .
No reduction of rent shall occur if the only area taken is that
which does not have the Premises located thereon. Any award for
the taking of all or any part of the Premises under the power of
eminent domain or any payment made under threat of the exercise of
such power shall be the property of LESSOR, whether such award
shall be made as compensation for diminution in value of the
leasehold or for the taking of the fee, or as severance damages ;
provided, however, that LESSEE shall be entitled to any award for
loss of or damage to LESSEE' s trade fixtures and removable personal
property. In the event that this Lease -is not terminated by reason
of such condemnation, LESSOR shall to the extent of severance
damages received by LESSOR in connection with such condemnation
repair any damage to the Premises cause by such condemnation except
to the extent that LESSEE has been reimbursed thereof by the
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condemning authority. LESSEE shall pay any amount in excess of
such severance damages required to complete such repair.
SECTION 12 . BROKER' S FEE.
All parties certify that no brokerage fee is due as a result
of this Lease .
SECTION 13 . SEVER.ABILITX.
The invalidity of any provision of this Lease, as determined
by a court of competent jurisdiction, shall in no way affect the
validity of any other provision hereof .
SECTION 14 . INTEREST ON PAST-D'JE OBLIGATIONS .
Except as expressly herein provided, any amount due to LESSOR
not paid when due shall bear interest at the maximum rate then
allowable by law from the date due. Payment of such interest shall
not excuse or cure any default by LESSEE: under this Lease;
provided, however, that interest shall not be payable on late
charges incurred by LESSEE nor on any amounts upo- which late
charges are paid by LESSEE.
SECTION 15 . TIME OF ESSENCE.
Time is of the essence with respect to the obligations to be
performed under this Lease.
SECTION 16 . INCORPORATION OF 'PRIOR AGREEMENTS ; AMENDMENTS .
This Lease contains all agreements of the parties with respect
to any matter mentioned herein. No prior or contemporaneous
agreement or understanding pertaining to any such matter shall be
effective . This lease may be modified in writing only, signed by
the parties in interest at the time of the modification.
SECTION 17 . NOTICES.
Any notice required or permitted to be given hereunder shall
be in writing and may be given by personal delivery or by certified
mail, and if given personally or by mail , shall be deemed
sufficiently given if addressed to LESSEE or to LESSOR at the
address noted below the signature of the respective parties, as the
case may be . Either party may, by notice to the other, specify a
different address for notice purposes . A copy of all notices
required or permitted to be given to LESSOR hereunder shall be
concurrently transmitted to such party or parties at such addresses
as LESSOR may from time to time hereafter designate by notice to
LESSEE .
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SECTION 18 . RECORDING.
Either LESSOR or LESSEE shall , upon request of the other,
execute, acknowledge and deliver to the other a "short formll
memorandum of this Lease for recording purposes .
SECTION 19 . HOLDING OVER.
If LESSEE, with LESSOR' s consent , remains in possession of the
Premises or any part thereof after the expiration of the Term
hereof , such occupancy shall be a tenancy from Month to month upon
all the provisions of this Lease perta_::ing to the obligations of
LESSEE .
SECTIOIN 20 . CUMJLATIVE REMEDIES .
No remedy or election hereunder shall be deemed exclusive but
shall, wherever possible, be cumulative 4.ith all other remedies at
law or in equity.
SECTION 21 . BINDING EFFECT,. CHOICE 0 ' LAW.
Subject to any provisions hereof restricting assignment or
subletting by LESSEE and subject to the provisions of paragraph 9 ,
this Lease shall bind the parties, their personal representative,
successors and assigns . This Lease shall be governed by the laws
of the State of California and any litigation concerning this Lease
between the parties hereto shall be in=bated in Orange County.
SECTION 22 . SUBORDINATION AND NONDIST"sJRBANCE.
22 . 1 Subordination. This Lease, t LESSOR' s option, may be
subordinate to any mortgage, deed of trust, or any other
hypothecation or security now or hereafter placed upon the- Premises
and to any and all advances made on the security thereof and to all
renewals, modifications, consolidations, replacements. • and
extensions thereof .
22 . 2 Attornment . LESSEE agrees to execute any documents
required to effectuate an attornment, subordination or to make this
Lease prior to the lien of any mortgage, deed of trust or ground
lease, as the case: may be . LESSEE' s failure to execute such
documents within ten (10) days after written demand shall
constitute a material default by LESSEE hereunder without further
notice to LESSEE or, at LESSOR' s option, LESSOR shall execute such
documents on behalf of LESSEE as LESSEE' s attorney-in-fact . LESSEE
does hereby make, constitute and irrevocably appoint LESSOR as
LESSEE' s attorney-in-fact and in LESSEE' s name, place and stead, to
execute such documents in accordance with this paragraph 22 . 2 .
SECTION 23 . ATTORNEY' S FEES .
If either party brings an action to enforce terms hereof or
certain rights hereunder, the prevailing party in any such action,
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on trial or appeal , shall be entitled to his reasonable attorney, s
fees to be paid by the losing party as fixed by the court .
SECTION 24 . LESSOR' S ACCESS .
LESSOR and LESSOR' s agents shall have the right to enter the
Premises at reasonable times for the purpose of inspecting the
same, showing the same to prospective purchasers, lenders, or
lessees, and making such alterations, repairs , improvements or
additions to the Premises as LESSOR may deem necessary or
desirable .
SECTION 25 . CONSENTS .
Wherever in this Lease the consent of one party is required to
an act of the other party, such consent shall not be unreasonably
withheld or delayed.
SECTION 25 _ QUIET POSSESSION.
Upon LESSEE paying the rent for the Premises and observing and
performing all of the covenants, conditions and provisions on
LESSEE' s part to be observed and performed hereunder, LESSEE shall
have quiet possession -of the Premises for the entire Term hereof
subject to all of the provisions of this Lease . The individuals
executing this Lease on behalf of LESSOR and LESSEE represent and
warrant to LESSOR and LESSEE that they are fully authorized and
legally capable of executing this Lease on behalf of LESSOR and
LESSEE .
SECTION 27 . EASEMENTS .
LESSOR reserves to itself the right , from time to time, to
grant such easements, rights and dedications that LESSOR deems
necessary or desirable, and to cause the recordation of parcel maps
and restrictions, so long as such easements, rights, dedications,
maps and restrictions do not unreasonably interfere with the use of
the Premises by LESSEE . LESSEE shall sign any of .the
aforementioned documents upon request of LESSOR and failure to do
so shall constitute a material default of this Lease by LESSEE
without the need for further notice to LESSEE.
SECTION 28 . AUTHORITY.
Each individual executing this Lease on behalf of such entity
represents and warrants that he or she is duly authorized to
execute and deliver this Lease on behalf of said entity.
nrnrmn nnnrroirhOc .1nrM rno DAr-yo 1 -1 .- 4: 1 C
SECTION 29 . ACKNOWLEDGMENT OF NON-ELIGIBI.TTTY FOR RELOCATION
BENEFITS
Warning: Read the following paragraph before
executing this lease agreement :
The leased Premises is within a redevelopment project
area, however the LESSEE, if displaced would not be
entitled to relocation benefits pursuant to Government
Code H7262 et seq. or any other federal, state, or local
constitutional provision, statute, ordinance, regulation,
rule, or official policy by virtue of the fact that the
Premises have heretofore been or will be acquired and are
being held by LESSOR expressly for redevelopment
purposes . LESSEE hereby acknowledges that no benefits
are available and expressly waives any claim to
Relocation Benefits pursuant to Civil Code §3513 .
( ) Initial
SECTION 30 . LIMITATION ON LESSEES' RIGHTS
LESSEE acknowledges that Ocean View Estates ( "OVE'1 ) Mobilehome
Park has been constructed and is being provided solely for the
purpose of providing temporary mobilehome housing for certain
mobilehome owners displaced by the redevelopment of the property on
which the Driftwood Beach Club Mobilehome Park was located. LESSOR
does not transfer any rights to LESSEE to occupy the Premises
beyond the term set forth in this Lease . In this regard:
(i) LESSEE hereby agrees that he or she has no right to
possess or own the Premises except as a tenant of a mobilehome
park and said rights shall cease automatically upon the
expiration or earlier termination of this Lease;
(ii) LESSEE hereby represents and acknowledges that he or
she has no expectation as to the "in place value" or "in park
value" of his or her mobilehome which is to be located on the
Premises;
(iii) LESSEE hereby acknowledges that he or she has not
relied upon any belief or representation that the value of
mobilehomes in OVE will inflate or decline prior to the
termination of his/her possessory rights thereto;
(iv) It is mutually agreed that this Lease shall act as
and shall be considered as the eighteen (18) month Notice of
Change of Use of OVE which is to take place at the end of the
term of this Lease and that, on said date, upon proper notice
by LESSOR to LESSEE, OVE will .convert to use as a public park;
(v) It is mutually agreed that this Lease shall be
considered to be and shall act as the six (6) month Notice of
Change of Use and any other notices of change of use that
might otherwise be required by then-applicable federal , state,
or local law;
}
112r017029.00030133099.5 210109ro6 Page 13 of 15
(vi) LESSEE, on his or her own behalf, and on behalf of
each of his or her respective heirs, personal representatives,
executors, administrators, successors, and assigns, hereby
waives the right to receive further notice that his or her
tenancy at OVE shall be terminated as of the date this Lease
expires (or terminates) ;
(vi.i) It is further agreed that the construction and
maintenance of OVE is part of a Relocation Assistance Plan and
Relocation Agreement that have been prepared and negotiated
pursuant to a Conversion Impact Report on OVE and Article 927
of the City of Huntington Beach Municipal Code; that the
Conversion Impact Report, Relocation Assistance Plan, and
Relocation Agreement also apply to the conversion of OVE' to
public use which will take place upon the expiration (or
earlier termination) of this Lease; and that LESSEE',' on his or
her behalf and on behalf of his or her heirs, personal
representatives, executors, administrators, successors, and
assigns, hereby waives, releases, and relinquishes any and all
right, past, present, and future, to demand or require any
additional. Conversion Impact Report and/or Relocation
Assistance Plan as to OVE;
(viii) LESSEE, on his or her own behalf and on behalf of
his or her heirs, personal representatives, executors ,
administrators, successors, and assigns, hereby waives ,
releases, and relinquishes any and all rights to receive any
relocation benefit when OVE closes except as may be expressly
provided herein;
(ix) LESSEE, on his or her own behalf and on behalf of
his or her heirs, personal representatives, executors,
administrators, successors, and assigns, hereby waives,
releases, and relinquishes any and all rights to object to the
close of OVE after the expiration or termination date of this
Lease and agrees to vacate the Premises upon receipt - of a
sixty (60) day Notice of Termination of Tenancy; and
(x) LESSEE agrees to give notice to subseauent
purchasers of his or her mobilehome on the Premises of this
status and the requirements placed upon such buyer pursuant to
this Lease .
[signatures on next page]
ll2:Q17029-QOC3t3183�99.5 aiO,,o5/4a PAQP 1 4 of -1
IN WITNESS WHEREOF, the parties have executed and entered into
this Lease as of the date first written above .
LESSE
APPROVED AS TO FORM: LESSOR
Agency Counsel Mayor
APPROVED AS TO CONTENT:
1<
Special Agency Counsel
ATTEST:
1
City Clerk
��9 9
The foregoing instrument Is a correct
COPY o e original on file in this office.
E;,t'2st I9-19
NNI_E 0OCK,
"Y
C'i' O'lerk a:: 7x-cf":-, Cerk of t��e City
C-OV"il of the City of Huntington Beach,
Cal'
f3 Deputy
112!017029.000313183099.5 210!09198 Page 15 . 0f 15