HomeMy WebLinkAboutOCEAN VIEW ESTATES MOBILE HOME PARK - 1996-05-06ASSIGNMENT OF LEASE
I/We, the undersigned Tenant,(.$) of those premises located at 7051
Ellis Avenue, Space ;33 =, Huntington Beach, California hereby
assign all my/our right, tTlg�ca_
:_.and interes in aid lease attached
hereto as Exhibit "A" to M ("Assignee").
This Assignment shall be effective on, and rent and other charges
payable to Lessor under said lease shall be prorated to:
_ N a"k _ -_- I -, 1999 ( "Effective Date") .
Executed this T 1
7 day of 1999.
Tenant:
SRI
ASSUMPTION OF LEASE
I/We, the undersigned, hereby agree from and after the Effective
Date to assume the obligations and perform all of the terms and
conditions of said lease. The address for notices pursuant to said
lease is 7051 Ellis Avenue, Space, Huntington Beach,
California.
Executed this v'�. day of 1999.
AssltmLe: r
RC.be�CQ
CONSENT TO A SIGNMENT
The City of Huntington Beach, Lessor of the above premises, hereby
consents to the above assignment and assumption of lease, provided
that the assignment is subject to all of the terms and conditions
of the lease.
Landlord:
Date: By:
1 Assignment-Lse
LEASE AGREEMENT BETWEEN THE CITY
OF HUNTINGTON BEACH AND MOBILEHOME OWNER
FOR OCEAN VIEW ESTATES
This Lease Agreement ("Lease"), dated Z,7 f
1991? ("Operative Date"), is made by and between the City of
Huntington each (herein called "LESSOR") and
("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 Ora n;e, State of California, commonly
known as Mobilehome Space No. within the Ocean View Estates
Mobilehome Park, Huntington Beac , 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 boverings, 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 ti
defined as all areas and facilities outside
provided and designated by the LESSOR from
general non-exclusive use of LESSOR, LESSEE
the Premises and their respective employees,
customers and. -invitees, including parking
unloading areas, trash areas, roadways,,
parkways, driveways and landscaped areas.
:rm "Common Areas" is
the Premises that are
time to time for the
and of sublessees of
suppliers, shoppers,
areas, loading and
sidewalks, walkways,
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 such rules and
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 tetporarily 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 applied 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
11V017029-000313183099.5 a101 M&
Page 2 of 15
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.4. 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.
1121017029-0003/3183099.5 a10109198 Page 3 of 15
(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) Vxcept 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
_VICES.
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
1121017029-000313193099.5 a10109199 Page 4 of 15
any Common Area Services -when such
breakage, repairs, strikes, lockout,
disputes of any character, or by
reasonable control of LESSOR.
5.2 LESSEE's Obligations.
failure is caused by accident,
or other labor disturbances or
any other cause beyond the
(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.LE$SOR 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. e.quipment. 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.
;11VO17029-000313183M.5 s10109798 Page 5 of 15
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 $50o,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. 56aS 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 thereof, 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,11 as such term is used in the insurance
industry) , plate glass insurance and such other insurance as LESSOR
deems advisable.
6.4 Indemn_ity. 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
claims 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, 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; acid 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.
112Jo17a29-ooa3r3153099.5 aE0IOMS Page 6 of 15
SECTION 7. REAL PROPERTY TAXES.
7.1 Payment 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 Property Tax:"_ 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,
levy 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 LESSOR in the Premises or in any
portion thereof, as against LESSOR's right to rent or other income
therefrom, and as against LESSOR's business of leasing the
Premises. The term "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.
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.
1121017029-0003/3183099.5 210/09/98 Page 7 of 15
SECTION 10. DEFAULT; REMEDIES.
.10.1 Default. 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 to LESSEE; provided, however, that if the nature of
LESSEE' S noncompliance is such that more than thirty (30) days
are reasonably required for its cure, then LESSEE shall not be
deemed to be in default if LESSEE commenced such cure within
said thirty (30) day period and thereafter diligently
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.
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(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.
10.4 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 the
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 ten
(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 Premi-ses 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
112/017029.000313183099.5 210/09/98 Page 9 of IS
r�
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. SEVERABILITY.
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 -DUE 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 upon 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. INCORP_ORATION 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 form"
memorandum of this Lease for recording purposes..
SECTION 19. HOLDING OVER.
If LESSEE, with LESSOR's consent, remains iripossession 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 pertaining to the obligations of
LESSEE.
SECTION 20. CUMULATIVE REMEDIES.
No remedy or election hereunder shall be deemed exclusive but
shall, wherever possible, be cumulative with all other remedies at
law or in equity.
SECTION 21. BINDING EFFECT; CHOICE OF 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 initiated in Orange County.
SECTION 22. SUBORDINATION AND NONDISTURBANCE.
22.1 Subordination. This Lease, at 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,
1121017029-0003r3183099.5 a1=9198 Page 11 of 15
rf.
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 26. OUIET 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.
1!2!a[7ON-OW113193099.s o IN196 Page 12 of 15
SECTION 29. ACKNOWLEDGMENT OF NON -ELIGIBILITY FOR RELOCATION
BENEFITS
Warning: Read the following paragraph_ before
executing this lease agreement:
The leased Premises . is 'within a redevelopment. projmect
area, however the LESSEE, if'displaced would' not be
entitled to relocation benefits pursuant to Government
Code §§7262 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 (11OVE11) 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;
( i i ) LESSEE hereby represents and acknowledges that he or
she has no expectation as to the "in place value" or 'fin park
value" of his or her mobilehome which is to be located pI? 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;
1121o17o29-OW313ia3.M.s a161a9193 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,
eXecLitors, 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
expifes (or .-terminates).;
(vii) 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 he expressly
provided herein;
(ix) LESSEE, on his or her own behalf and on behalf of
his or her heirs, personal representatives, executors,
administrator's, 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 (64) day Notice of Termination of Tenancy; and
(x) LESSEE agrees to give
purchasers of his or her mobilehome on
status and the requirements. placed upon
this Lease.
[signatures on next page]
notice to subsequent
the Premises of this
such.buyer pursuant to
1121017029-OM313183099.5 210/09/98 Page 14 of 15
(~ l
IN WITNESS WHEREOF, the parties have executed and entered into
this Lease as of the date first written above.
LESS
APPROVED AS TO
FORM:
L SSOR
Agency Counsel
f _s� y,1
Mayor
APPROVED AS TO
CONTENT:
Special Agency
Counsel
ATTEST:
City Clerk
M
The foregoing instrument Is a correct
copy of original on file in this office.
Attest 1 19
�C NtE BR CK AY
City Clerk and Ex-offic;. %;erk of the City
Council of the City of Huntington Beach,
Cali
By r���- .�:Ctde� Deputy
1121017029.000313193099.5 a10/09198 Page 15. of 15
To: Maybrice Henry
From: SCHUBERE
Cc: Chris Cleary,Janelle Case
Bcc:
Subject: pending file #27
Attachment:
Date: 6/10/98 8:48 AM
The Ocean View Estates Mobile Home - eleven individual agreements - Never
Executed file was given to me by Connie to be placed on the shelf. 1t has a
yellow sticky on it that says pending file #27. This is to let you know, so
you can up date your notes, that this file is on the shelf category 600.10,
alpha letters are OC. Any questions, give me a call.
Ev
HLrrTtNGtoN REACH
TO: . . Bob Franz, Deputy City Administrator
FROM: Connie Brockway, City Clerk�j
DATE: March 9, 1998
SUBJECT: OCEANVIEW ESTATES INDIVIDUAL LEASE AGREEMENTS
We are returning copies of the signed agreements for Stan and Helen Parker, Mary
Armstrong, Don Kolishnik, Mary Hodge, Becky Bolton, Ingrid Gaddis, Franklin Clayton
Boyer, Grace Brooks, Pat Simon, Pat. Falkenstein, George Fader, and Phil Carlin in
connection with RCA dated May 6, 1996 (attached).
This was deferred from May 6, 1996 and the Clerk's Office has not been able to ascertain
if these agreements will ever return to Council until recently learning from Dan Bruening
that all new agreements have been prepared. These original agreements on file in the
Clerk's Office will be destroyed in the next few months pursuant to applicable retention
schedule.
Please sign below if you have no objections to the destruction of these agreements.
Robert Franz
Deputy City Administrator -Administrative Services Director
If you have any questions please call.
N
o
.fi+ 98cbmems/98-35jc.doc
MY Of Bp.Yfi5G10H BEACH
FROM THE DESK OF
Gregory A. Brown
Economic Development
(714) 960-8831
1.k
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ERQPERTY.
JAN 0 9 1998
J7
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
Hl1NTINOTON BEACH
TO: All Department Heads
JAN O 9 199a G`
FROM: Connie Brockway
City Clerk
DATE: / .2- 7, .
SUBJECT: NEED FOR CITY CLERK'S OFFICE TO BE INFORMED AS TO WHETHER
DEFERRED CITY COUNCILIREDEVELOPMENT AGENCY ITEMS WILL EVER
RETURN TO COUNCIL
As time permits, the City Clerk's Office will be copying RCA's that are in the City Clerk's Office
Pending File to ask your department whether the item is to remain pending or whether the item
will not return to the City Council/Redevelopment Agency.
The following is a partial listing of the City Clerk's Office Pending File items:
This is A-N <lEju d4.06.16 -10140-m s'-&- 96 60,21 Z2ese- /22gale- L•5le4lo,
y� 1 1
-1h-e Ave1}- Z ar n p l P h +y Z 1 ��t _S P C — — cur (� r T2.n NC J 7J,�n� 7`t7 Cou —, Z
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v
III.elp- ia,
The a-Phc-e d,?s,,•Ps -26 dVsb1,y, i7qoS-e— v`1
Please return this page if your department is involved. I am sending these inquiries to all`�`s
departments as some items have more than one department involved.
CB:cjg
cc: City Council - Informational Only k N
City Administrator - informational Only RECE�vE�
SAN 5 1998
cbmemosl97-038cg
J.
F
HUNTING TON BEACH
TO:
FROM:
DATE:
SUBJECT:
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
All Department Heads
Connie Brockway,
City Clerk
P.ROP. ERTT
APR 0 8 i 9 9
�Al�Ai0FIR9� -, J
NEED FOR CITY CLERK'S OFFICE TO BE INFORMED AS TO WHETHER
DEFERRED CITY COUNCIUREDEVELOPMENT AGENCY ITEMS WILL EVER
RETURN TO COUNCIL
As time permits, the City Clerk's Office will be copying RCA's that are in the City Clerk's Office
Pending File to ask your departmnet whether the item is to remain pending or whether the item
will not return to the City Council/Redevelopment Agency.
The following is a partial listing of the City Clerk's Office Pending File items: _ u
APspa se ART nR T-A' T-QZA from what T understand pul leelth� R.CA i,,,n44.1- the -.QV rag' -Rent:
attorney could be coiisultedi As of this date T'have not been informed that si
en place ri or Mate attorney has approved tfiTs ease.tei
'LT ill fal low—ui r�ip__i_tb r1ty.:A1•#-nrnay?A Offira and gpt' hnrk to yntj aGap-,_
Robbie
Please return this page if your department is involved. I am sending these inquiries to all
departments as some items have more than one department involved.
(3) CB:cjg 16 07 - M��k '�. `r/i,97 A' „A-te� n av- 14a
cc: City Council - Informational Only
City Administrator - Informational Only
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cbmemos197-038cg
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:-
'S -�-,
.ounci Ageeting Held:
e erre ued to:
3 Approved 0 Conditionally Approved ❑ Denied City Clerk's Sign ure
Council Meeting Date: May 6, 1996 Department ID Number: AS 96-014
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION
i
SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL
MEMBERSIREDEVELOPMENT.AGENCY MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Admini
PREPARED BY: ROBERT J. FRANZ, Deputy City Admini
SUBJECT: ACCEPTANCE OCEANVIEW ESTATES INDIVI
AGREEMENTS
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, t:nvlr nmental Status, Attachment(s)
Statement of Issue: The Redevelopment Agency of the City of Huntington Beach has
relocated residents from Driftwood Mobilehome Park and Huntington Shores Mobilehome
Park to the City owned Ocean View Estates Mobilehome Park, property located on N.E
corner Ellis Avenue and Goldenwest Street. A number of the relocated residents do not
have individual park space rental agreements with the City.
Funding Source: None
Recommended Action: Authorize the Mayor and the City Clerk to execute the attached
rental agreements.
Alternative Actionts): Do not accept the agreements.
Analysis: The property that the mobilehome park is located on is owned by the City of
Huntington Beach and is managed by the Real Estate Services Division of Administrative
Services. The Master Lease term for the space is twenty-five (25) years from date of
original occupancy (July 21, 1991, to July 1, 2016). Rent has been, in accordance with the
original tenants agreement, $235 per month, commencing August 1, 1991 and thereafter a
minimum increase of 7% per year, or the percentage increase in the CPI if greater than 7%.
When the rent achieves the average rent for mobile home parks in the Huntington Beach
area, then the rental increase is adjusted by the CPI increases but no less than 4% or no
more than 7% per year.
kt:wuto a FOR COUNCILIREDEVELOPMENT AGENCY ACTION
MEETING DATE: May 6, 1996 DEPARTMENT ID NUMBER: AS 96-014
The property was originally purchased for park purposes and will revert to that use in 2016
at end of the 25 year lease.
Attachments):Signed Leases.
1.
e�HIL. CARL IN
SPACE #3
2
STAN & HELEN PARKER
SPACE #7
3
MARY ARMSTRONG
SPACE #1 9
4
BECKY BOLTON
SPACE #18
5.
DON KOLISHNIK
SPACE #26
6
MARY HODGE
SPACE #29
7.
INGRID GADDIS
SPACE #30
8
FRANKLIN CLAYTON BOYER
SPACE #33
GRACE=BROOKS
SPACEV347—�
PAT SIMON
SPACE #38
I
PAT FAEKENSTEIN
SPACE-#40---.-
12
GEORGE_&-SACLY-FADER,
SPACE #43
— "--'%nkfF?.naC -2- 04/12196 10:24 AM-
irmtAULo-, FOR COUNCIUREDEVELOPMENT AGENCY ACTION
MEETING DATE: May 6, 1996 DEPARTMENT ID NUMBER: AS 96-014
The property was originally purchased for park purposes -and will revert to that.use in 2016
at end of the 25 year lease.
Attachment(s):Signed Leases:
2
STAN & HELEN PARKER
SPACE #7
:.:
3.
MARY ARMSTRONG
SPACE #11
:...:.:...::::.....::.::...
�4.
BECKY BOLTON
SPACE #18
5.
DON KOLISHNIK
SPACE #26
fi
MARY HODGE
SPACE #29
....:... ......
7.
INGRID GADDIS
SPACE #30
8.
FRANKLIN CLAYTON BOYER
SPACE #33
10.
PAT SIMON
SPACE #38
1.
12
GEORGE & SALLY FADER
SPACE #43
RCAOVE2.DOC -2- 04/12/96 10:24 AM
ATTACHMENT 1
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND TENANT FOR OCCUPANCY OF SPACE IN
OCEAN VIEW ESTATES MOBILEHOME PARK
TABLE OF CONTENTS
Section
1.
PARTIES
2.
DEMISED PREMISES
3.
TERM
4.
RENT
5.
STORAGE LIEN
6.
UNPAID RENT DUE
7.
PERMISSIBLE USE OF LOT
8.
MANAGEMENT OF PARK
9.
LOT MAINTENANCE
10.
LANDSCAPING
11.
PATIO FURNITURE
12.
PETS
13.
PEACE AND QUIET
A.
VEHICLE CONTROL
15.
ACCESSORY EQUIPMENT
16.
GARBAGE AND TRASH DISPOSAL
17.
INSPECTION
I8.
SUBLETTING MOBILEHOMES
19.
WRTITEN APPROVAL
20.
COMPLAINTS
21.
WAVIER OF LIABILITY
22.
WAIVER OF DEFAULT
23.
CALIFORNIA CIVIL. CODE
24.
UTILITIES AND OTHER CHARGES
25.
POSSESSORY TAXES
26.
TERMINATION
27.
INDEMNIFICATION
28.
RENTER'S RIGHT UPON BREACH
29.
RECEIPT OF PARK RULES
30.
ASSIGNABILITY
31.
GOVERNING LAW
32.
CAPTIONS
33.
EXECUTION AND ACKNOWLEDGMENT
34.
INSURANCE HAZARDS
35.
WASTE OR NUISANCE
36.
COMPLIANCE WITH LAW
37.
BINDING ON HEIRS
38.
PARTIAL INVALIDITY
39.
ENTIRETY
Page
1
1
1
3
3
3
3
3
4
4
4
4
5
5
6
6
6
6
6
6
7
7
7
7
8
8
8
9
9
9
9
9
9
10
10
10
10
11
7/k/oveleasel2/22/96
RCA ROUTING SHEET
INITIATING DEPARTMENT:
ADMINISTRATIVE SERVICES
SUBJECT:
OCEANVIEW ESTATES SIGNED INDIVIDUAL
RENTAL AGREEMENTS
COUNCIL MEETING DATE:
May 6,1996
. ...........
RCXATTACH M ENT
........ ..
Ordinance (w1exhibits & 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 gLty Attomey)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form bX City Attomey)
Not Applicable
Certificates of Insurance (Approved by the City A ttomty)
Not Applicable
Financial Imeact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not App
licable
. . . . . ..... ........
M
h:iEXPLANATIO 0ATTACHMENTS
N'F WMISSIN ::
AETURNE Q:
REVIEWEDfOR
. .........
jY;T1) Administrative Staff
Assistant City Administrator (initial)
City Administrator (initial) .4
City Clerk
.... .. .. . ....... ..... ..WO.
MM
:E.XPL' -ION'PO
M:.
ANAT RRETURF. ITEM .... ..
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND TENANT FOR OCCUPANCY OF SPACE IN
OCEAN VIEW ESTATES MOBII.EHOME PARK
1.
12th
PARTIES: This Occupancy Agreement is made and executed this
day of March, 1996 , by and between the City of Huntington
Beach, a municipal corporation (herein called "RENTER") and STAN PARKER and HELEN
PARKER (hereinafter called "TENANT") pursuant to the terms of implementation contained in
the 1988 Driftwood Mobilehome Acquisition and Relocation Agreement, as amended.
2. DEMISED PREMISES: RENTER hereby rents to TENANT,' and TENANT
hereby rents from RENTER, that certain Lot known as Space No. 7 situated in Ocean View
Estates Mobilehome Park, 7051 Ellis Avenue, Huntington Beach, California.
3. TERM: The RENTER, as provider of the property upon which Ocean View
Estates is constructed, transfers no rights to occupy said property beyond the twenty-five (25)
year period except as provided in the Driftwood Acquisition and"Relocation Agreement, signbd
September 16, 1988. TENANT shall provide written notice to any buyer of the relocatee's
mobilehome that occupies a space in Ocean View Estates that the term of this Occupancy
Agreement for the space commences on August 1, 1991, and terminates on August 1, 2016,
unless Ocean View Estates II ("OVE") development is completed and the RENTER and the OVE
Homeowners Association enter into a master lease which covers the property herein described.
4. RENT: TENANT agrees to pay, RENTER rent for the demised premises,
without deduction, according to the following Rent Schedule:
(A) $ 308.00 per month, commencing July 1, 1995
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
7/k/ovelease
1
calculated on the previous year's base rental amount. When the rent achieves the average rent for
mobile home parks in the Huntington Beach area, then the rental rate increase shall be no less than
4% or no more than 7% per year, adjusted between this range only by that percentage for the
previous year's May 1st Pacific Cities and U.S. City Average All Urban Consumers Price Index
(CPI) whichever is greater, said percentage rental increase shall be calculated on the previous
year's base rental amount and shall be effective July 1 annually.
(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 RENTER renders 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
RENTER which is not supported by sufficient funds or is valueless, then RENTER 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 rent is not paid by the 10th day of any calendar month, a late charge
of $20.00 will be charged to cover Management's costs for additional accounting and collection
expenses. 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 p"'s Rental Agreement or
affect any notice, demand or suit hereunder.
7/1dowlease/2/22/96
2
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,
RENTER has a lien on the mobilehome placed on Space No. 7. The lien rights granted RENTER
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.
6. UNPAID RENT DUE: TENANT hereby agrees that RENTER 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 RENTER, to be used as a principal residence only for the person or persons named
in this Agreement as TENANTS, or others authorized by Califibmia Civil Code §§798.34 and
798.35.
8. MANAGEMENT OF PARK: RENTER 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.
7/k/ovelease/2/22/95
10. LANDSCAPING:
(A) All TENANTS are required to landscape their Lot in a clean, attractive and
well kept fashion. RENTER encourages all residents to be as original and elaborate as they wish
as far as lawn, flowers and shrubs are concerned, but installation of any trees or any concrete,
masonry or ground cover (including rock, wood -chips, bark, etc.) must be approved by
Management beforehand. TENANTS must check with RENTER'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 RENTER and shall remain upon and be surrendered with the Lot, provided that at
RENTER'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 RENTER expressly prohibits the use of any
furniture on the patio, porch or yard unless it is outdoor patio furniture approved by RENTER'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 RENTER.
(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.
RENTER 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
7/k/oveleaset2/22/96
4
any other noise that may cause annoyance to TENANTS must, therefore, be kept reasonably low,
especially after 10:00 P.M. No radio transmitters are allowed in the Park. Evidence of
unreasonably loud noise may be shown through statements of at least two other residents of the
park.
(B) Loud parties, intoxication, fighting, immoral conduct or children without
the supervision of an adult, are prohibited.
14. VEHICLE CONTROL:
(A) For the safety of the Park TENANTS and their guests, RENTER 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 RENTER'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 RENTER
15. ACCESSORY EQUIPMENT AND STRUCTURES: Approval of RENTER
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 RENTER'S Park Manager.
7/k/ovelease/2/22/95
5
16. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and,
with other refuse, must be placed in the proper containers provided therefore. Sanitary and health
laws must be obeyed at all times.
17. INSPECTION: TENANT states that he/she has fully and completely
examined the premises, the streets, recreational facilities and all other areas open to their use and
found their condition as being safe and acceptable.
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. 3 27 7, 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 RENTER shall require RENTER 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 RENTER'S 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 RENTER 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
RENTER'S employees. TENANT does hereby agree to indemnify and hold RENTER 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.
7/k/ovelease=2/96
6
RENTER 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, 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 RENTER of its right to enforce any
provision hereof after any default on the part of TENANT, shall be deemed a waiver of
RENTER'S 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 parry'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. CALIBORNIA 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 RENTER 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.
7/k/oveiease/2/22/96
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. It
is understood by the parties that the RENTER can only terminate this Rental Agreement pursuant
to the rights granted it by law and the Relocation Agreement. Notwithstanding any other
provision, this agreement shall terminate as provided in the Driftwood Acquisition and Relocation
Agreement, that is, if OVE II is developed and a master lease is executed.
27. INDEMNIFICATION: TENANT covenants to indemnify and hold and save
RENTER 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 onussion 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 RENTER shall in no way diminish TENANT'S obligations hereunder.
29. RENTER'S RIGHT UPON TENANTS BREACH: RENTER may elect to
terminate this Rental Agreement for any event of default or breach hereof or of the Park Rules
and Regulations. Should RENTER elect to terminate it may recover from TENANT all damages
incurred by RENTER 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 RENTER specified herein are in addition to and
cumulative of any remedies provided RENTER by statute, including the remedies provided in the
California Civil Code.
7/k/oveiease/2/22/96
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 RENTER 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 shall, at
7/k/ovc1easerM2/96
0
his/her own cost and expense, comply with any and all requirements of RENTER'S 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 RENTER and TENANT and shall be ground for termination of this lease by
RENTER
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/ovetease/2/22/96
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:
T P R
BELE PARKER
ACKNOWLEDGED
Park Manager or Lessor
RENTER:
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
Mayor
:ST-
City Clerk
APPROVED AS TO FORM:
z City Attorney kKI 7-1-3 j
INITIATED AND APPROVE
l,/,,'�
Deputy City A i istrator/Director of
Adminstrative Services
11
To: Maybrice Henry
From: Shari Donoho
Cc: Robert Franz,Dan Villella \
Bcc:
Subject: Ocean -view Estates (OVE)
Attachment: i
Date: 5/22/98 1:37 PM
With regard to your March 9, 1998 memo regarding OVE Individual Lease
Agreements, Mr. Franz does not wish these signed agreements destroyed.
They need not continue to be held in the Clerk's "Pending File", and may be
stored in the vault, but should not be destroyed.
V_ �-tee �,� �'
1-74
"'t
0
file Notes
Office of the City Clerk
Huntington Beach, CaCifornia
( l p .Y
RVNr1NG7ON BEACH
TO: Bob Franz, Deputy City Administrator
FROM: Connie Brockway, City Clerk
DATE: March 9, 1998
SUBJECT: OCEANVIEW ESTATES INDIVIDUAL LEASE AGREEMENTS
s/.2./9q
We are returning copies of the signed agreements for Stan and Helen Parker, Mary
Armstrong, Don Kolishnik, Mary Hodge, Becky Bolton, Ingrid Gaddis, Franklin Clayton
Boyer, Grace Brooks, Pat Simon, Pat Falkenstein, George Fader, and Phil Carlin in
connection with RCA dated May 6, 1996 (attached).
This was deferred from May 6, 1996 and the Clerk's Office has not been able to ascertain
if these agreements will ever return to Council until recently learning from Dan Bruening
that all new agreements have been prepared. These original agreements on file in the
Clerk's Office will be destroyed in the next few months pursuant to applicable retention "
schedule.
Please sign below if you have no objections to the destruction of these agreements.
Robert Franz
Deputy City Administrator -Administrative Services Director
If you have any questions please call.
98cbmems/98-35jc.doc
ti
TO: Bob Franz, Deputy City Administrator
FROM: Connie Brockway, City Clerk�j
DATE: March 9, 1998
SUBJECT: OCEANVIEW ESTATES INDIVIDUAL LEASE AGREEMENTS
We are returning copies of the signed agreements for Stan and Helen Parker, Mary
Armstrong, Don Kolishnik, Mary Hodge, Becky Bolton, Ingrid Gaddis, Franklin Clayton
Boyer, Grace Brooks, Pat Simon, Pat Falkenstein, George Fader, and Phil Carlin in
connection with RCA dated May 6, 1996 (attached).
This was deferred from May 6, 1996 and the Clerk's Office has not been able to ascertain
if these agreements will ever return to Council until recently learning from Dan Bruening
that all new agreements have been prepared. These original agreements on file in the
Clerk's Office will be destroyed in the next few months pursuant to applicable retention
schedule.
Please sign below if you have no objections to the destruction of these agreements.
Robert Franz
Deputy City Administrator -Administrative Services Director
If you have any questions please call.
98cbmems/98-35jc.doc
V 1%
DatefTime 3/31/97 8:24:08 AM
City of Huntington Beach
Office of the City Clerk
Records
Page 1
Ref Category Subject Entered Status Document Expires Box ID Labe!
FL 600.10 1011618g Active 111 FLORIAN MARTINEZ Associates CC-75410ceanview
Estates Mobilehome Park/Phase It 10/16/ 9
GE 600.10 6/30/89 Active 139 GENERAL TELEPHONE CO OF CALIF Transfer of
Telephone Facilities Oceanview Estates Mobilehome Pk
6/30/89
OC 600.10
3/5/96 Active
8198
OCEANVIEW ESTATES - Mobilehome Park Interim Lease -
Master Space Agreement (Driftwood Acquisition &
Relocation Agreement (600.30) 2/5/96
OC 600.10
12/31/86 Active
286
OCEAN VIEW ESTATES MOBILE HOME PARK Rental
Agrmt 7051 Ellis Avenue 1986
r
AA 600.30
11/14/96 Active
8788
BOLTON, BECKY - Redevelopment Agency purchase
mobilehome 7051 Ellis Space 18 - Ocean View Estates -
per Driftwood Acquisition and Relocation Agrmt - 1017/96
�I
AA 600.30
1116/95 Active
6130
OCEAN VIEW ESTATES - (7051 Ellis Ave.) Mobile Home
Unit #44 11/6195 - (Driftwood Acquisition S Relocation
Agreement)
' i
Date/Time 3131/97 8:24:16 AM
City of Huntington Beach
Office of the City Cierk
Records
Page 2
Ref Category Subject Entered Status Document Expires Box ID Label
AA 600.30 7/5195 Active 5710 WILSON, DALE & DEBRA Purchase Ocean View Estates
(7051 Ellis Ave.) Mobile Home Unit No. 19 (Driftwood
Mobilehome Park Acquisit Relocation Agreement) 715/95
WF 600.30
Total Records Detailed: 8
10/17/94 Active
5251 RELIANCE SURETY CO. Continuing Agreement of
Indemnity Misc. Surety Bonds - Ocean View Estates
(Driftwood) - 10/17/94
Date/Time 3/31/97 8:45:07 AM
City of Huntington Beach
Office of the City Clerk
Minutes
ID Category Subject Volume Page Date Keywords
34048
600.10
58
574
33955
600.30
58
558
31333
600.10
58
56
Total Records Selected:
3
Page 1
10/21/96 Approval Of Proposed Lease Agreement For Prospective
Purchaser Of Mobile Home At Ocean View Estates-Scheck-
Approved
10/7/96 Redevelopment Agency Purchase of Ocean View Estates
Mobile Home Unit No. 18 - 7501 Ellis Ave.-B. Balton -Approved
215/96 Oceanview Estates - Mobilehome Park Interim Lease - Master
Space Lease Agrmt - apprvd - 600.10
"I /
h 4-A S -
„
10
A7 .
HUNTINOTON BEACH
TO:
FROM:
DATE:
SUBJECT:
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
All Department Heads
Connie Brockway
City Clerk
NEED FOR CITY CLERK'S OFFICE TO BE INFORMED AS TO WHETHER
DEFERRED CITY COUNCIUREDEVELOPMENT AGENCY ITEMS WILL EVER
RETURN TO COUNCIL
As time permits, the City Clerk's Office will be copying RCA's that are in the City Clerk's Office
Pending File to ask your department whether the item is to remain pending or whether the item .
will not return to the City Council/Redevelopment Agency. _
The following is a partial listing of the City Clerk's Office Pending File items:
_ Thi's is ,4'•v__ er`��, C�F�P�r&n -�r�,-, S =6 - i/ ' wi_// �%i PS P,r—�r� �.s�Po®a;
i� �C'/1 i /Z 1 UPoa1P h 4t�Q� �i P_C — — [�,a !/ rf�•� rC �y,cn� 16
��c,l .1A,ekr n wEpal
fArT be ,C,s Lu A ;k
The mice ae5-r.ey -76 dt?sb-oy/ 97qa:a Un nPc,�S$4.J.�
Please return this page if your department is involved. I am sending these inquiries to all -"`s
departments as some items have more than one department involved_
CB:cjg
cc: City Council - Informational Only
City Administrator - Informational Only
cbmemos197-038cg
JI
HU TINOTON BEACH
TO:
FROM
DATE:
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
All Department Heads
Connie Brockway
City Clerk
3-A >f
P.R0P_ERTY.
v
APR 0 6 1991, U1
�INAGI�A�'Nil
SUBJECT: NEED FOR CITY CLERK'S OFFICE TO BE INFORMED AS TO WHETHER
DEFERRED CITY COUNCIL/REDEVELOPMENT AGENCY ITEMS WILL EVER
RETURN TO COUNCIL
As time permits, the City Clerk's Office will be copying RCA's that are in the City Clerk's Office
Pending File to ask your departmnet whether the item is to remain pending or whether the item
will not return to the City Council/Redevelopment Agency.
The following is a partial listing of the City Clerk's Office Pending File items:
(2-)
,PSP°$ s ents
attorney could be consulted; As of this date I have not been informed that such
ce - or triat tneirattorney as approvea Ms iease terminolog
T will fnl 1 nw—Vjwith C i ty: At tarnPy l a_Office and ger hark to you asap.
Robbie
Please return this page if your department is involved. I am sending these inquiries to all
departments as some items have more than one department involved.
C3 } CB:cjg y� I<�c�-2 - •M��'k �o7i r1l1197
cc: City Council - Informational Onlyzo
City Administrator - Informational Only
cbmemos/97-038cg
� r
a
I
Counci Ag�re cy,Meeting Held: s� ,
eferre .-ontinued to:�,
❑ Approved ❑ Conditionally Approved Cl Denied
City Clerk's Sign ure
Council Meeting Date: May 6, 1996
Department ID Number: AS 96-014
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION
SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL
MEMBERSIREDEVELOPMENT.AGENCY MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Admin
PREPARED BY: ROBERT J. FRANZ, Deputy City Admini
SUBJECT: ACCEPTANCE OCEANVIEW ESTATES INDIVIDUAL
AGREEMENTS
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Envir nmental Status, Attachment(s)
Statement of Issue: The Redevelopment Agency of the City of Huntington Beach has
relocated residents from Driftwood Mobilehome Park and Huntington Shores Mobilehome
Park to the City owned Ocean View Estates Mobilehome Park, property located on N.E
corner Ellis Avenue and Goldenwest Street. A number of the relocated residents do not
have individual park space rental agreements with the City.
Funding Source: None
Recommended Action: Authorize the Mayor and the City Clerk to execute the attached
rental agreements.
Alternative Action(s): Do not accept the agreements.
Analysis: The property that the mobilehome park is located on is owned by the City of
Huntington Beach and is managed by the Real Estate Services Division of Administrative
Services. The Master Lease term for the space is twenty-five (25) years from date of
original occupancy (July 21, 1991, to July 1, 2016). Rent has been, in accordance with the
original tenants agreement, $235 per month, commencing August 1, 1991 and thereafter a
minimum increase of 7% per year, or the percentage increase in the CPI if greater than 7%.
When the rent achieves the average rent for mobile home parks in the Huntington Beach
area, then the rental increase is adjusted by the CPI increases but no less than 4% or no
more than 7% per year.
RPI
ktc. uEo—, rOR COUNCIL/REDEVELOPMENT AGENCY ACTION
MEETING DATE: May 6, 1996
DEPARTMENT ID NUMBER: AS 96-014
The property was originally purchased for park purposes and will revert to that use in 2016
at end of the 25 year lease.
Attachment(s):Signed Leases:
1.
PHIL CARL• IN
SPACE #3
2
STAN & HELEN PARKER
SPACE #7
3
MARY ARMSTRONG
SPACE #11
4
BECKY BOLTON
SPACE #18
5
DON KOLISHNIK
SPACE #26
6
MARY HODGE
SPACE #29
7
INGRID GADDIS
SPACE #30
8
FRANKLIN,CLAYTON BOYER
SPACE #33
9
GRACE BROOKS
SPACE #34
10.
PAT SIMON
SPACE #38
11.
PAT FALKENSTEIN
SPACE #40
12
GEORGE & SALLY FADER
SPACE #43
RCAOVE2.DOC -2- 04/12/96 10:24 AM
ATTACHMENT 1
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND TENANT FOR OCCUPANCY OF SPACE IN
OCEAN VIEW ESTATES MOBILEHOME PARK
TABLE OF CONTENTS
Section
Page
1.
PARTIES
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.
UT7LTTIES 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
II
7/k/ovelease/2/22/96
RCA ROUTING SHEET
INITIATING DEPARTMENT:
ADMINISTRATIVE SERVICES
SUBJECT:
OCEANVIEW ESTATES SIGNED INDIVIDUAL
RENTAL AGREEMENTS
COUNCIL MEETING DATE:
I May 6, 1996
:..:
RCA ATTACHMENTS
::STATUS::
Ordinance (w/exhibits & legislative draft if ap licable)
Not Applicable
Resolution (wlexhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (wlexhibits if applicable)
Si ned in full b K the Ci A ttomeyj
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
......... ..,.,<,EXP,LANAI'ION ,FOR ;MISSING,AT7'ACHMENTS.. .....:: .........
:REVIEWED RETURNED:: F R WE
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
rCity Clerk
EXPL""ANATION FOR RETURN OF ITEMi '
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
12th
day of March, 1996 , by and between the City of Huntington
Beach, a municipal corporation (herein called "RENTER') and STAN.PARKER and HELEN
PARKER (hereinafter called "TENANT") pursuant to the terms of implementation contained in
the 1989 Driftwood Mobilehome Acquisition and Relocation Agreement, as amended.
2. DEMISED PREMISES: RENTER hereby rents to TENANT, and -TENANT
hereby rents from RENTER, that certain Lot known as Space No. 7 situated in Ocean View
Estates Mobilehome Park, 7051 Ellis Avenue, Huntington Beach, California.
3. TERM: The RENTER, as provider of the property upon which Ocean View
Estates is constructed, transfers no rights to occupy said property beyond the twenty-five (25)
year period except as provided in the Driftwood Acquisition and Relocation Agreement, signed
September 16, 1988. TENANT shall provide written notice to any buyer of the relocatee's
mobilehome that occupies a space in Ocean View Estates that the term of this Occupancy
Agreement for the space commences on August 1, 1991, and terminates on August 1, 2016,
unless Ocean View Estates II COVE") development is completed and the RENTER and the OVE
Homeowners Association enter into a master lease which covers the property herein described.
4. RENT: TENANT agrees to pay RENTER rent for the demised premises,
without deduction, according to the following Rent Schedule:
(A) $ 308,00 per month, commencing July 1, 1995 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
7/k/oveleaw
calculated on the previous year's base rental amount. When the rent achieves the average rent for
mobile home parks in the Huntington Beach area, then the rental rate increase shall be no less than
4% or no more than 7% per year, adjusted between this range only by that percentage for the
previous year's May 1st Pacific Cities and U.S. City Average All Urban Consumers Price Index
(CPI) whichever is greater, said percentage rental increase shall be calculated on the previous
year's base rental amount and shall be effective July 1 annually.
(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 RENTER renders 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
RENTER which is not supported by sufficient funds or is valueless, then RENTER may require
that payment be made in cash, in which case the TENANT will be notified, and all other
requirements for paying rent and other charges will remain the same. Rent may be adjusted in an
amount determined in accordance with this Paragraph 4 by the City of Huntington Beach Real
Estate Services Division ("the Management") at the beginning of each anniversary year and upon
thirty (30) days written notice to TENANT. Failure to pay new rental amount when due shall
constitute a default of this agreement, and subject TENANT to termination of this tenancy.
(C) If the rent is not paid by the 10th day of any calendar month, a late charge
of $20.00 will be charged to cover Management's costs for additional accounting and collection
expenses. 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 parry's Rental Agreement or
affect any notice, demand or suit hereunder.
7/k/ove1easrl2/ V%
2
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,
RENTER has a lien on the mobilehome placed on Space No. 7. The lien rights granted RENTER
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.
6. UNPAID RENT DUE: TENANT hereby agrees that RENTER 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 RENTER, 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: RENTER 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.
1. 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.
7/k/ovelease/2/22/96
N
10. LANDSCAPING:
(A) All TENANTS are required to landscape their Lot in a clean, attractive and
well kept fashion. RENTER encourages all residents to be as original and elaborate as they wish
as far as lawn, flowers and shrubs are concerned, but installation of any trees or any concrete,
masonry or ground cover (including rock, wood -chips, bark, etc.) must be approved by
Management beforehand. TENANTS must check with RENTER'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) AD landscaping improvements shall at once become a part of the realty and
belong to RENTER and shall remain upon and be surrendered with the Lot, provided that at
RENTER'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 : RENTER expressly prohibits the use of any
furniture on the patio, porch or yard unless it is outdoor patio furniture approved by RENTER'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 RENTER-
(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.
RENTER 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
7/k/wx1eaSd=2/96
4
any other noise that may cause annoyance to TENANTS must, therefore, be kept reasonably low,
especially after 10:00 P.M. No radio transmitters are allowed in the Park. Evidence of
unreasonably loud noise may be shown through statements of at least two other residents of the
park.
(B) Loud parties, intoxication, fighting, immoral conduct or children without
the supervision of an adult, are prohibited.
14. VEHICLE CONTROL:
(A) For the safety of the Park TENANTS and their guests, RENTER 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 RENTER'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 RENTER
Y
15. ACCESSORY EQUIPMENT AND STRUCTURES: Approval of RENTER
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 RENTER'S Park Manager.
7/kIonieaseJ2/22/96
5
16. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and,
with other refuse, must be placed in the proper containers provided therefore. Sanitary and health
laws must be obeyed at all times.
17. INSPECTION: TENANT states that he/she has fully and completely
examined the premises, the streets, recreational facilities and all other areas open to their use and
found their condition as being safe and acceptable.
19. SUBLETTING MOBILEHOMES: Subletting of mobilehomes is
expressly prohibited hereunder without the written consent from Management. TENANTS will
be granted permission or 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. iVRITTLN APPROVAL: References to approval, permission, or
authorization of RENTER shall require RENTER 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 RENTER'S 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 RENTER 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
RENTER'S employees. TENANT does hereby agree to indemnify and hold RENTER 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.
7/k/oveleasel2/'22/96
6
RENTER 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, 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 RENTER of its right to enforce any
provision hereof after any default on the part of TENANT, shall be deemed a waiver of
RENTER'S 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 parry'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 Cale
Section 798.1 S, 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 RENTER for any recreational vehicles, e.g., boats, trailers,
motorhomes, etc.
2s. 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.
7lk/oveleaseM2196
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. It
is understood by the parties that the RENTER can only terminate this Rental Agreement pursuant
to the rights granted it by law and the Relocation Agreement. Notwithstanding any other
provision, this agreement shall terminate as provided in the Driftwood Acquisition and Relocation
Agreement, that is, if OVE H is developed and a master lease is executed.
27. INDEMNIFICATION: TENANT covenants to indemnify and hold and save
RENTER 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 RENTER shall in no way diminish TENANT'S obligations hereunder.
28. RENTER'S RIGHT UPON TENANTS BREACH: RENTER may elect to
terminate this Rental Agreement for any event of default or breach hereof or of the Park Rules
and Regulations. Should RENTER elect to terminate it may recover from TENANT all damages
incurred by RENTER 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 RENTER specified herein are in addition to and
cumulative of any remedies provided RENTER by statute, including the remedies provided in the
California Civil Code.
7/k/ove1easdM2/96
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 RENTER 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. ASSIGNABELI TY: 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 shall, at
7/k/ovelease/2/22/96
9
his/her own cost and expense, comply with any and all requirements of RENTER'S 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 RENTER and TENANT and shall be ground for termination of this lease by
RENTER
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.
39. 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/Idave1ease=2/96
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:
I9, vor'211 vz owl , 40" —
'MrAw .
HEL ARKER
REVIEWED AND APPROVED:
City Administrator
ACKNOWLEDGED
Park Manager or Lessor
RENTER:
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
Mayor
ATTEST:
l
City Clerk
APPROVED AS TO FORM:
z City Attorney kvi -,-1 -31 'ts.
INITIATED AND APPROVE
�rfy
Deputy City A iAstratorl — ctor of
Adminstrative Services
11
ATTACHMENT 2
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND TENANT FOR OCCUPANCY OF SPACE IN
OCEAN VIEW ESTATES MOBILEHOME PARK
TABLE OF CONTENTS
Section
1.
PARTIES
2.
DEMISED PREMISES
3.
TERM
4.
RENT
5.
STORAGE LIEN
6.
UNPAID RENT DUE
7.
PERMISSIBLE USE OF LOT
8.
MANAGEMENT OF PARK
9.
LOT MAINTENANCE
10.
LANDSCAPING
11.
PATIO FURNITURE
12.
PETS
13.
PEACE AND QUIET
14,
VEHICLE CONTROL
15.
ACCESSORY EQUIPMENT
16.
GARBAGE AND TRASH DISPOSAL
17.
INSPECTION
18.
SUBLETTING MOBR EHOMBS
19.
WRITTEN APPROVAL
20.
COMPLAINTS
21.
WAVIER OF LIABILITY
22.
WAIVER OF DEFAULT
23.
CALIFORNIA CIVIL, CODE
24.
UTILITIES AND OTHER CHARGES
25.
POSSESSORY TAXES
26.
TERMINATION
27.
INDEMNIFICATION
29.
RENTER'S RIGHT UPON BREACH
29.
RECEIPT OF PARK RULES
30.
ASSIGNABILITY
31.
GOVERNING LAW
32.
CAPTIONS
33.
EXECUTION AND ACKNOWLEDGMENT
34.
INSURANCE HAZARDS
35.
WASTE OR NUISANCE
36.
COMPLIANCE WITH LAW
37.
BINDING ON HEIRS
39.
PARTIAL INVALIDITY
39.
ENTIRETY
Page
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7/k/0volcase=2/96
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
561110 day of march, 11996 , by and between the City of Huntington
Beach, a municipal corporation (herein called "RENTER") and MARY ARMSTRONG
(hereinafter called "TENANT") pursuant to the terms of implementation contained in the 1988
Driftwood Mobilehome Acquisition and Relocation Agreement, as amended.
2. DEMISED PREMISES: RENTER hereby rents to TENANT, and TENANT
hereby rents from RENTER, that certain Lot known as Space No. 11 situated in Ocean View
Estates Mobilehome Park, 7051 Ellis Avenue, Huntington Beach, California.
3. TERM: The RENTER, as provider of the property upon which Ocean View
Estates is constructed, transfers no rights to occupy said property beyond the twenty-five (25)
year period except as provided in the Driftwood Acquisition and Relocation Agreement, signed
September 16, 1988. TENANT shall provide written notice to any buyer of the relocatee's
mobilehome that occupies a space in Ocean View Estates that the term of this Occupancy
Agreement for the space commences on August 1, 1991, and terminates on August 1, 2016,
unless Ocean View Estates II COVE") development is completed and the RENTER and the OVE
Homeowners Association enter into a master lease which covers the property herein described.
4. RENT: TENANT agrees to pay RENTER rent for the demised premises,
without deduction, according to the following Rent Schedule:
(A) $ 308.00 per month, commencing July 1., 1995 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
Movelease
calculated on the previous year's base rental amount. When the rent achieves the average rent for
mobile home parks in the Huntington Beach area, then the rental rate increase shall be no less than
4% or no more than 7% per year, adjusted between this range only by that percentage for the
previous year's May 1st Pacific Cities and U.S. City Average All Urban Consumers Price Index
(CPI) whichever is greater, said percentage rental increase shall be calculated on the previous
year's base rental amount and shall be effective July I 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 RENTER renders 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
RENTER which is not supported by sufficient funds or is valueless, then RENTER may require
that payment be made in cash, in which case the TENANT will be notified, and all other
requirements for paying rent and other charges will remain the same. Rent may be adjusted in an
amount determined in accordance with this Paragraph 4 by the City of Huntington Beach Real
Estate Services Division {"the Management") at the beginning of each anniversary year and upon
thirty (30) days written notice to TENANT. Failure to pay new rental amount when due shall
constitute a default of this agreement, and subject TENANT to termination of this tenancy.
(C) If the rent is not paid by the 10th day of any calendar month, a late charge
of $20.00 will be charged to cover Management's costs for additional accounting and collection
expenses. 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.
7/k/weleaseW2/96
2
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,
RENTER has a lien on the mobilehome placed on Space No. 11. The lien rights granted
RENTER include, but are not limited to, those granted by Section 1174 of the Califomia Code of
Civil Procedure and Sections 1980-1991 of the California Civil Code.
6. UNPAID RENT DUE: TENANT hereby agrees that RENTER 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 RENTER, 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: RENTER 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.
(13) 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.
7lklovelease/2/22196
3
10. LANDSCAPING:
(A) All TENANTS are required to landscape their Lot in a clean, attractive and
well kept fashion. RENTER encourages all residents to be as original and elaborate as they wish
as far as lawn, flowers and shrubs are concerned, but installation of any trees or any concrete,
masonry or ground cover (including rock, wood -chips, bark, etc.) must be approved by
Management beforehand. TENANTS must check with RENTER'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 RENTER and shall remain upon and be surrendered with the Lot, provided that at
RENTER'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: RENTER expressly prohibits the use of any
furniture on the patio, porch or yard unless it is outdoor patio furniture approved by RENTER'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 RENTER.
(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.
RENTER 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
7/k/aveleasdW2/96
4
any other noise that may cause annoyance to TENANTS must, therefore, be kept reasonably low,
especially after 10:00 P.M. No radio transmitters are allowed in the Park. Evidence of
unreasonably loud noise may be shown through statements of at least two other residents of the
park.
(B) Loud parties, intoxication, fighting, immoral conduct or children without
the supervision of an adult, are prohibited.
14. VEHICLE CONTROL:
(A) For the safety of the Park TENANTS and their guests, RENTER 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 RENTER'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 RENTER
15. ACCESSORY EQUIPMENT AND STRUCTURES: Approval of RENTER
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 RENTER'S Park Manager.
7/kto leasel2I22/96
5
16. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and,
with other refuse, must be placed in the proper containers provided therefore. Sanitary and health
laws must be obeyed at all times.
17. INSPECTION: TENANT states that he/she has fully and completely
examined the premises, the streets, recreational facilities and all other areas open to their use and
found their condition as being safe and acceptable.
18. SUBLETTING MOBILEHOMES: Subletting of mobilehomes is
expressly prohibited hereunder without the written consent from Management. TENANTS will
be granted permission 1* 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 RENTER shall require RENTER 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 RENTER'S 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 RENTER 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
RENTER'S employees. TENANT does hereby agree to indemnify and hold RENTER 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.
7/k/ave1easc=2/%
6
RENTER 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, 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 RENTER of its right to enforce any
provision hereof after any default on the part of TENANT, shall be deemed a waiver of
RENTER'S 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 parry'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 RENTER 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.
7/k/oveleasel21 V%
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. It
is understood by the parties that the RENTER can only terminate this Rental Agreement pursuant
to the rights granted it by law and the Relocation Agreement. Notwithstanding any other
provision, this agreement shall terminate as provided in the Driftwood Acquisition and Relocation
Agreement, that is, if OVE H is developed and a master lease is executed.
27. INDEMNMCATION: TENANT covenants to indemnify and hold and save
RENTER 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 RENTER shall in no way diminish TENANT'S obligations hereunder.
29. RENTER'S RIGHT UPON TENANT'S BREACH: RENTER may elect to
terminate this Rental Agreement for any event of default or breach hereof or of the Park Rules
and Regulations. Should RENTER elect to terminate it may recover from TENANT all damages
incurred by RENTER 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 RENTER specified herein are in addition to and
cumulative of any remedies provided RENTER by statute, including the remedies provided in the
California Civil Code.
7/k1wc1caseJ=V96
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 RENTER 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 shall, at
7/kJove1ease =2/96
9
his/her own cost and expense, comply with any and all requirements of RENTER'S 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 RENTER and TENANT and shall be ground for termination of this lease by
RENTER
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.
39. 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/oveleasr M2/96
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: RENTER:
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
MARY STR G California
REVIEWED AND APPROVED:
Mayor
Administrator ATTEST:
ACKNOWLEDGED
City Clerk
� APPROVED AS TO FORM:
Park Manager or Lessor
_Cpity Attorney z3 4a
Deptify City Adnsihistrator/Dire or of
Adminstrative Services i
11
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND TENANT FOR OCCUPANCY OF SPACE IN
OCEAN VIEW ESTATES MOBILEHOME PARK
TABLE OF CONTENTS
Section
1.
PARTIES
2.
DEMISED PREMISES
3.
TERM
4.
RENT
5.
STORAGE LIEN
6.
UNPAID RENT DUE
7.
PERMISSIBLE USE OF LOT
8.
MANAGENIENT OF PARK
9.
LOT MAINTENANCE
10.
LANDSCAPING
11.
PATIO FURNITURE
12.
PETS
13.
PEACE AND QUIET
14.
VEHICLE CONTROL
15.
ACCESSORY EQUIPMENT
16.
GARBAGE AND TRASH DISPOSAL
17.
INSPECTION
19.
SUBLETTING MOBII.EHOMES
19.
WRITTEN APPROVAL
20.
COMPLAINT'S
21.
WAVIER OF LIABILITY
22.
WAIVER OF DEFAULT
23.
CALIFORNIA CIVIL CODE
24.
UTILITIES AND OTHER CHARGES
25.
POSSESSORY TAXES
26.
TERMINATION
27.
INDEMNIFICATION
28.
RENTER'S RIGHT UPON BREACH
29.
RECEIPT OF PARK RULES
30.
ASSIGNABILITY
31.
GOVERNING LAW
32.
CAPTIONS
33.
EXECUTION AND ACKNOWLEDGMENT
34.
INSURANCE HAZARDS
35.
WASTE OR NUISANCE
36.
COMPLIANCE WITH LAW
37.
BINDING ON HEIRS
38.
PARTIAL INVALIDITY
39.
ENTIRETY
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7/k/oveleasd2/22/96
ATTACHMENT 4
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND TENANT FOR OCCUPANCY OF SPACE IN
OCEAN VIEW ESTATES MOBILEHOME PARK
Y. PARTIES: This Occupancy Agreement is made and executed this
day of 1996 by and between the City of Huntington
Beach, a municipal corporation (herein called "RENTER") and DON KOLISHNIK (hereinafter
called "TENANT") pursuant to the terms of implementation contained in the 1988 Driftwood
Mobilehome Acquisition and Relocation Agreement, as amended.
2. DEMISED PREMISES: RENTER hereby rents to TENANT, and TENANT
hereby rents from RENTER, that certain Lot known as Space No. 26 situated in Ocean View
Estates Mobilehome Park, 7051 Ellis Avenue, Huntington Beach, California.
3. TERM: The RENTER, as provider of the property upon which Ocean View
Estates is constructed, transfers no rights to occupy said property beyond the twenty-five (25)
year period except as provided in the Driftwood Acquisition and Relocation Agreement, signed
September 16, 1988. TENANT shall provide written notice to any buyer of the relocatee's
mobilehome that occupies a space in Ocean View Estates that the term of this Occupancy
Agreement for the space commences on August 1, 1991, and terminates on August 1, 2016,
unless Ocean View Estates II ("OVE") development is completed and the RENTER and the OVE
Homeowners Association enter into a master lease which covers the property herein described.
4. RENT: TENANT agrees to pay RENTER rent for the demised premises,
without deduction, according to the following Rent Schedule:
(A) $ 308. 00per month, commencing July 1, 1995 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
7/k/ovelem
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 1 st Pacific Cities and U.S. City Average All Urban Consumers Price Index
(CPI) whichever is greater, said percentage rental increase shall be calculated on the previous
year's base rental amount and shall be effective July 1 annually.
(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 RENTER renders 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
RENTER which is not supported by sufficient funds or is valueless, then RENTER 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. Additionafly, 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 parry's Rental Agreement or
affect any notice, demand or suit hereunder.
MdmeleaselZJ22/96
2
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,
RENTER has a lien on the mobilehome placed on Space No. 26. The lien rights granted
RENTER 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.
6. UNPAID RENT DUE: TENANT hereby agrees that RENTER 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 RENTER, 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: RENTER 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.
Wovelease/2/22/96
3
10. LANDSCAPING:
(A) All TENANTS are required to landscape their Lot in a clean, attractive and
well kept fashion. RENTER encourages all residents to be as original and elaborate as they wish
as far as lawn, flowers and shrubs are concerned, but installation of any trees or any concrete,
masonry or ground cover (including rock, wood -chips, bark, etc.) must be approved by
Management beforehand. TENANTS must check with RENTER'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 RENTER and shall remain upon and be surrendered with the Lot, provided that at
RENTER'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: RENTER expressly prohibits the use of any
fiuniture on the patio, porch or yard unless it is outdoor patio furniture approved by RENTER'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 RENTER.
(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.
RENTER 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
7/k/ove1eaSCaa2M
4
any other noise that may cause annoyance to TENANTS must, therefore, be kept reasonably low,
especially after 10:00 P.M. No radio transmitters are allowed in the Park. Evidence of
unreasonably loud noise may be shown through statements of at least two other residents of the
park.
(B) Loud parties, intoxication, fighting, immoral conduct or children without
the supervision of an adult, are prohibited.
14. VEHICLE CONTROL:
(A) For the safety of the Park TENANTS and their guests, RENTER 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 RENTER'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 RENTER
i
15. ACCESSORY EQUIPMENT AND STRUCTURES: Approval of RENTER
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 RENTER'S Park Manager.
7/1doveleastW2196
16. GARBAGE AND TRASH DISPOSAL: A11 garbage must be wrapped and,
with other refuse, must be placed in the proper containers provided therefore. Sanitary and health
laws must be obeyed at all times.
17. INSPECTION: TENANT states that he/she has fully and completely
examined the premises, the streets, recreational facilities and all other areas open to their use and
found their condition as being safe and acceptable.
18. SUBLETTING MOBILEHOMES: Subletting of mobilehomes is
expressly prohibited hereunder without the written consent from Management. TENANTS will
be granted permission Qnly 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 RENTER shall require RENTER 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 RENTER'S 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 RENTER 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
RENTER'S employees. TENANT does hereby agree to indemnify and hold RENTER 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.
7/k/ow1ease=V%
6
RENTER 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, 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 RENTER of its right to enforce any
provision hereof after any default on the part of TENANT, shall be deemed a waiver of
RENTER'S 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 parry'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 I 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 RENTER 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.
7/k/oveleaseWV%
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. It
is understood by the parties that the RENTER can only terminate this Rental Agreement pursuant
to the rights granted it by law and the Relocation Agreement. Notwithstanding any other
provision, this agreement shall terminate as provided in the Driftwood Acquisition and Relocation
Agreement, that is, if OVE II is developed and a master lease is executed.
27. INDEMNIFICATION: TENANT covenants to indemnify and hold and save
RENTER 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 RENTER shall in no way diminish TENANT'S obligations hereunder.
28. RENTER'S RIGHT UPON TENANT'S BREACH: RENTER may elect to
terminate this Rental Agreement for any event of default or breach hereof or of the Park Rules
and Regulations. Should RENTER elect to terminate it may recover from TENANT all damages
insured by RENTER 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 RENTER specified herein are in addition to and
cumulative of any remedies provided RENTER by statute, including the remedies provided in the
California Civil Code.
7/k/oveleasdM2/96
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 RENTER 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 shall, at
7/ktovelease/2 V96
9
his/her own cost and expense, comply with any and all requirements of RENTER'S 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 RENTER and TENANT and shall be ground for termination of this lease by
RENTER.
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/owlease=2/96
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.
RENTER:
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
DON KOLISHNIK California
ACKNOWLEDGED
Mayor
ATTEST:
City Clerk
M ' PROVED AS TO FORM:
Park Manager or Lessor
P0- City Attorney tiJ,.3 je,
2 24 ;Z., W
Neputy city kdministrator/Dire r of
Adminstrative Services /
11
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND TENANT FOR OCCUPANCY OF SPACE IN
OCEAN VIEW ESTATES MOBILEHOME PARK
TABLE OF CONTENTS
Section
1.
PARTIES
2.
DEMISED PREMISES
3.
TERM
4.
RENT
5.
STORAGE LIEN
6.
UNPAID RENT DUE
7.
PERMISSIBLE USE OF LOT
8.
MANAGEMENT OF PARK
9.
LOT MAINTENANCE
10.
LANDSCAPING
11.
PATIO FURNITM
12.
PETS
13.
PEACE AND QUIET
14.
VEHICLE CONTROL
15.
ACCESSORY EQUIPMENT
16.
GARBAGE AND TRASH DISPOSAL
17.
INSPECTION
19.
SUBLETTING MOBILEHOMES
19.
WRITTEN APPROVAL
20.
COMPLAINTS
21.
WAVIER OF LIABILITY
22.
WAIVER OF DEFAULT
23.
CALIFORNIA CIVIL CODE
24.
UTILITIES AND OTHER CHARGES
25.
POSSESSORY TAXES
26.
TERMINATION
27.
INDEMNIFICATION
28.
RENTER'S RIGHT UPON BREACH
29.
RECEIPT OF PARK RULES
30.
ASSIGNABILITY
31.
GOVERNING LAW
32.
CAPTIONS
33.
EXECUTION AND ACKNOWLEDGMENT
34.
INSURANCE HAZARDS
35.
WASTE OR NUISANCE
36.
COMPLIANCE WITH LAW
37.
BINDING ON HEIRS
38.
PARTIAL INVALIDITY
39.
ENTIRETY
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7/k/ovelcascM2/96
ATTACHMENT 5
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND TENANT FOR OCCUPANCY OF SPACE IN
OCEAN VIEW ESTATES MOBILEHOME PARK
1. f PARTIES: This Occupancy Agreement is made and executed this
'31 d.f *larch, 1996 , by and between the City of Huntington
Beach, a municipal corporation (herein called "RENTER") and MARY HODGE (hereinafter
called "TENANT") pursuant to the terms of implementation contained in the 1988 Driftwood
Mobilehome Acquisition and Relocation Agreement, as amended.
2. DEMISED PREMISES: RENTER hereby rents to TENANT, and TENANT
hereby rents from RENTER, that certain Lot known as Space No. 29 situated in Ocean View
Estates Mobilehome Park, 7051 Ellis Avenue, Huntington Beach, California.
3. TERM: The RENTER, as provider of the property upon which Ocean View
Estates is constructed, transfers no rights to occupy said property beyond the twenty-five (25)
year period except as provided in the Driftwood Acquisition and Relocation Agreement, signed
September 16, 1988. TENANT shall provide written notice to any buyer of the relocatee's
mobilehome that occupies a space in Ocean View Estates that the term of this Occupancy
Agreement for the space commences on August 1, 1991, and terminates on August 1, 2016,
unless Ocean View Estates II ("OVE") development is completed and the RENTER and the OVE
Homeowners Association enter into a master lease which covers the property herein described.
4. RENT: TENANT agrees to pay RENTER rent for the demised premises,
without deduction, according to the following Rent Schedule:
(A) S 308. 00 per month, commencing
July 1, 1995 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
7/k/ovelease
calculated on the previous year's base rental amount. When the rent achieves the average rent for
mobile home parks in the Huntington Beach area, then the rental rate increase shall be no less than
4% or no more than 7% per year, adjusted between this range only by that percentage for the
previous year's May 1st Pacific Cities and U.S. City Average All Urban Consumers Price Index
(CPI) whichever is greater, said percentage rental increase shall be calculated on the previous
year's base rental amount and shall be effective July 1 annually.
(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 RENTER renders 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
RENTER which is not supported by sufficient funds or is valueless, then RENTER 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.
7/ldmlease12/22/96
2
S. 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,
RENTER has a lien on the mobilehome placed on Space No. 29. The lien rights granted
RENTER 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.
6. UNPAID RENT DUE: TENANT hereby agrees that RENTER 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 RENTER, 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: RENTER 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.
(S) 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.
7/k/ovelease=2/96
3
10. LANDSCAPING:
(A) All TENANTS are required to landscape their Lot in a clean, attractive and
well kept fashion. RENTER encourages all residents to be as original and elaborate as they wish
as far as lawn, flowers and shrubs are concerned, but installation of any trees or any concrete,
masonry or ground cover (including rock, wood -chips, bark, etc.) must be approved by
Management beforehand. TENANTS must check with RENTER'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 RENTER and shall remain upon and be surrendered with the Lot, provided that at
RENTER'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 F : RENTER expressly prohibits the use of any
furniture on the patio, porch or yard unless it is outdoor patio furniture approved by RENTER'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 RENTER.
(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.
RENTER 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
7/k/owleaseJ2/22/96
4
any other noise that may cause annoyance to TENANTS must, therefore, be kept reasonably low,
especially after 10:00 P.M. No radio transmitters are allowed in the Park. Evidence of
unreasonably loud noise may be shown through statements of at least two other residents of the
park.
(B) Loud parties, intoxication, fighting, immoral conduct or children without
the supervision of an adult, are prohibited.
14. VEHICLE CONTROL:
(A) For the safety of the Park TENANTS and their guests, RENTER 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 RENTER'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 RENTER
lr
15. ACCESSORY EQUIPMENT AND STRUCTURES: Approval of RENTER
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 RENTER'S Park Manager.
7/k/ove1ease/2/22/96
16. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and,
with other refuse, must be placed in the proper containers provided therefore. Sanitary and health
laws must be obeyed at all times.
17. INSPECTION: TENANT states that he/she has fully and completely
examined the premises, the streets, recreational facilities and all other areas open to their use and
found their condition as being safe and acceptable.
18. SUBLETTING MOBILEHOMES: Subletting of mobilehomes is
expressly prohibited hereunder without the written consent from Management. TENANTS will
be granted permission manly 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 RENTER shall require RENTER 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 RENTER'S 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 RENTER 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
RENTER'S employees. TENANT does hereby agree to indemnify and hold RENTER 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.
7/k/ovelease/2=96
6
RENTER 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, 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 RENTER of its right to enforce any
provision hereof after any default on the part of TENANT, shall be deemed a waiver of
RENTER'S 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 RENTER 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.
7Adovc1casd=2/96
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. It
is understood by the parties that the RENTER can only terminate this Rental Agreement pursuant
to the rights granted it by law and the Relocation Agreement. Notwithstanding any other
provision, this agreement shall terminate as provided in the Driftwood Acquisition and Relocation
Agreement, that is, if OVE U is developed and a master lease is executed.
27. INDEMNIFICATION: TENANT covenants to indemnify and hold and save
RENTER 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 RENTER shall in no way diminish TENANT'S obligations hereunder.
28. RENTER'S RIGHT UPON TENANT'S BREACH: RENTER may elect to
terminate this Rental Agreement for any event of default or breach hereof or of the Park Rules
and Regulations. Should RENTER elect to terminate it may recover from TENANT all damages
incurred by RENTER 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 RENTER specified herein are in addition to and
cumulative of any remedies provided RENTER by statute, including the remedies provided in the
California Civil Code.
7/ic%veleaselZ/ V%
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 RENTER and implemented in compliance with State law.
TENANT also agrees that any breach by himselflherself, 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 shall, at
7/k/owlease=196
9
his/her own cost and expense, comply with any and all requirements of RENTER'S 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 RENTER and TENANT and shall be ground for termination of this lease by
RENTER.
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.
39. 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/ovelease=2/96
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:
RENTER:
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
MAR OD California
RE AND APPROVED:
City Administrator
ACKNOWLEDGED
Mayor
ATTEST:
City Clerk
M - PROVED AS TO FORM:
Park Manager or Lessor
City Attorney d'hez%a �96
Adminstrative
11
ATTACHMENT 3
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
12th day of March, 1996 , by and between the City of Huntington
Beach, a municipal corporation (herein called "RENTER") and BECKY BOLTON (hereinafter
called "TENANT') pursuant to the terms of implementation contained in the 1988 Driftwood
Mobilehome Acquisition and Relocation Agreement, as amended.
2. DEMISED PREMISES: RENTER hereby rents to TENANT, and TENANT
hereby rents from RENTER, that certain Lot known as Space No. 18 situated in Ocean View
Estates Mobilehome Park, 7051 Ellis Avenue, Huntington Beach, California.
3. TERM: The RENTER, as provider of the property upon which Ocean View
Estates is constructed, transfers no rights to occupy said property beyond the twenty-five (25)
year period except as provided in the Driftwood Acquisition and Relocation Agreement, signed
September 16, 1988. TENANT shall provide written notice to any buyer of the relocatee's
mobilehome that occupies a space in Ocean View Estates that the term of this Occupancy
Agreement for the space commences on August 1, 1991, and terminates on August 1, 2016,
unless Ocean View Estates II ("OVE") development is completed and the RENTER and the OVE
Homeowners Association enter into a master lease which covers the property herein described.
4. RENT: TENANT agrees to pay RENTER rent for the demised premises,
without deduction, according to the following Rent Schedule:
(A) $ 308.00 per month, commencing
July 1, 1995 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
7/k/ovelease
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
(CPl) 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 RENTER renders 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
RENTER which is not supported by sufficient funds or is valueless, then RENTER may require
that payment be made in cash, in which case the TENANT will be notified, and all other
requirements for paying rent and other charges will remain the same. Rent may be adjusted in an
amount determined in accordance with this Paragraph 4 by the City of Huntington Beach Real
Estate Services Division ("the Management") at the beginning of each anniversary year and upon
thirty (30) days written notice to TENANT. Failure to pay new rental amount when due shall
constitute a default of this agreement, and subject TENANT to termination of this tenancy.
(C) If the rent is not paid by the 10th day of any calendar month, a late charge
of $20.00 will be charged to cover Management's costs for additional accounting and collection
expenses. 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 parry's Rental Agreement or
affect any notice, demand or suit hereunder.
7lk/owleasd=2/96
2
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,
RENTER has a lien on the mobilehome placed on Space No. 18. The lien rights granted
RENTER 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.
6. UNPAID RENT DUE: TENANT hereby agrees that RENTER 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 RENTER, 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: RENTER 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.
7/k/ovelease/2/22/96
3
10. LANDSCAPING:
(A) All TENANTS are required to landscape their Lot in a clean, attractive and
well kept fashion. RENTER encourages all residents to be as original and elaborate as they wish
as far as lawn, flowers and shrubs are concerned, but installation of any trees or any concrete,
masonry or ground cover (including rock, wood -chips, bark, etc.) must be approved by
Management beforehand. TENANTS must check with RENTER'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 RENTER and shall remain upon and be surrendered with the Lot, provided that at
RENTER'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: RENTER expressly prohibits the use of any
furniture on the patio, porch or yard unless it is outdoor patio furniture approved by RENTER'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 RENTER-
(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.
RENTER 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
7lklowlease W2/96
4
any other noise that may cause annoyance to TENANTS must, therefore, be kept reasonably low,
especially after 10:00 P.M. No radio transmitters are allowed in the Park. Evidence of
unreasonably loud noise may be shown through statements of at least two other residents of the
park.
(B) Loud parties, intoxication, fighting, immoral conduct or children without
the supervision of an adult, are prohibited.
14. VEHICLE CONTROL:
(A) For the safety of the Park TENANTS and their guests, RENTER 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 RENTER'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 RENTER.
15. ACCESSORY EQUIPMENT AND STRUCTURES: Approval of RENTER
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 RENTER'S Park Manager.
7/k/ovdeasel7J V%
16. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and,
with other refuse, must be placed in the proper containers provided therefore. Sanitary and health
laws must be obeyed at all times.
17. INSPECTION: TENANT states that he/she has fully and completely
examined the premises, the streets, recreational facilities and all other areas open to their use and
found their condition as being safe and acceptable.
19. SUBLETTING MOBILEHOMES: Subletting of mobilehomes is
expressly prohibited hereunder without the written consent from Management. TENANTS will
be granted permission g* 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 RENTER shall require RENTER 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 RENTER'S 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 RENTER 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
RENTER'S employees. TENANT does hereby agree to indemnify and hold RENTER 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.
7/k/ovdcaseW2M
6
RENTER 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, 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 RENTER of its right to enforce any
provision hereof after any default on the part of TENANT, shall be deemed a waiver of
RENTER'S 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 parry'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. UTII.ITIES 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 RENTER 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.
7/k/ave1easel=V96
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. It
is understood by the parties that the RENTER can only terminate this Rental Agreement pursuant
to the rights granted it by law and the Relocation Agreement. Notwithstanding any other
provision, this agreement shall terminate as provided in the Driftwood Acquisition and Relocation
Agreement, that is, if OVE II is developed and a master lease is executed.
27. INDEMNIFICATION: TENANT covenants to indemnify and hold and save
RENTER 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 RENTER shall in no way diminish TENANT'S obligations hereunder.
29. RENTER'S RIGHT UPON TENANT'S BREACH: RENTER may elect to
terminate this Rental Agreement for any event of default or breach hereof or of the Park Rules
and Regulations. Should RENTER elect to terminate it may recover from TENANT all damages
incurred by RENTER 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 RENTER specified herein are in addition to and
cumulative of any remedies provided RENTER by statute, including the remedies provided in the
California Civil Code.
7/klowlease=/96
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 RENTER and implemented in compliance with State law.
TENANT also agrees that any breach by himselflherself, 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 shall, at
7/k/owleaseJ2/ V%
9
his/her own cost and expense, comply with any and all requirements of RENTER'S 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 RENTER and TENANT and shall be ground for termination of this lease by
RENTER.
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.
39. PARTL4,L 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/oveleasd=2/96
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: RENTER:
f CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
BECKY 4bLTON California
REVIEWED AND APPROVED:
-�--/-;'�City A ministrator
ACKNOWLEDGED
Park Manager or Lessor
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
1 zG� Attorney
Adminstrative
11
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND TENANT FOR OCCUPANCY OF SPACE IN
OCEAN VIEW ESTATES MOBILEHOME PARK
TABLE OF CONTENTS
Section
1.
PARTIES
2.
DEMISED PREMISES
3.
TERM
4.
RENT
5•
STORAGE LIEN
6.
UNPAID RENT DUE
7.
PERMISSIBLE USE OF LOT
8.
MANAGEMENT OF PARK
9.
LOT MAINTENANCE
10.
LANDSCAPING
11.
PATIO FURNITURE
12.
PETS
13.
PEACE AND QUIET
14.
VEHICLE CONTROL
15.
ACCESSORY EQUIPMENT
16.
GARBAGE AND TRASH DISPOSAL
17.
INSPECTION
1s.
SUBLETTING MOBILEHO&M
19.
WRITTEN APPROVAL
20.
CpMpLAINTS
21.
WAVIER OF LIABILITY
22.
WAIVER OF DEFAULT
23•
CALIFORNIA CIVIL CODE
24.
VITIATES AND OTHER CHARGES
25.
POSSESSORY TAXES
26.
TERMINATION
27.
INDEMNIFICATION
28.
RENTER'S RIGHT UPON BREACH
29.
RECEIPT OF PARK RULES
30.
ASSIGNABILITY
31.
GOVERNING LAW
32.
CAPTIONS
33.
EXECUTION AND ACKNOWLEDGMENT
34.
INSURANCE HAZARDS
35.
WASTE OR NUISANCE
36.
COMPLIANCE WITH LAW
37.
BINDING ON HEIRS
38.
PARTIAL INVALIDITY
39.
ENTIRETY
Page
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II
7/k/ovelmse/2/22/96
ATTACHMENT 6
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND TENANT FOR OCCUPANCY OF SPACE IN
OCEAN VIEW ESTATES MOBILEHOME PARK
1. 74PARTIES: This Occupancy Agreement is made and executed this
2 � day of March, 199-6 by and between the City of Huntington
Beach, a municipal corporation (herein called "RENTER') and INGRID GADDIS (hereinafter
called "TENANT") pursuant to the terms of implementation contained in the 1988 Driftwood
Mobilehome Acquisition and Relocation Agreement, as amended.
2. DEMISED PREMISES: RENTER hereby rents to TENANT, and TENANT
hereby rents from RENTER, that certain Lot known as Space No. 30 situated in Ocean View
Estates Mobilehome Park, 7051 Ellis Avenue, Huntington Beach, California.
3. TERM: The RENTER, as provider of the property upon which Ocean View
Estates is constructed, transfers no rights to occupy said property beyond the twenty-five (25)
year period except as provided in the Driftwood Acquisition and Relocation Agreement, signed
September 16, 1988. TENANT shall provide written notice to any buyer of the relocatee's
mobilehome that occupies a space in Ocean View Estates that the term of this Occupancy
Agreement for the space commences on August 1, 1991, and terminates on August 1, 2016,
unless Ocean View Estates II ("OVE") development is completed and the RENTER and the OVE
Homeowners Association enter into a master lease which covers the property herein described.
4. RENT: TENANT agrees to pay RENTER rent for the demised premises,
without deduction, according to the following Rent Schedule:
(A)- $ 308.00 per month, commencing July 1, 1995 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
7/k/ovelease
calculated on the previous year's base rental amount. When the rent achieves the average rent for
mobile home parks in the Huntington Beach area, then the rental rate increase shall be no less than
4% or no more than 7% per year, adjusted between this range only by that percentage for the
previous year's May 1st Pacific Cities and U.S. City Average All Urban Consumers Price Index
(CPI) whichever is greater, said percentage rental increase shall be calculated on the previous
year's base rental amount and shall be effective July 1 annually.
(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 RENTER renders 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
RENTER which is not supported by sufficient funds or is valueless, then RENTER may require
that payment be made in cash, in which case the TENANT will be notified, and all other
requirements for paying rent and other charges will remain the same. Rent may be adjusted in an
amount determined in accordance with this Paragraph 4 by the City of Huntington Beach Real
Estate Services Division ("the Management") at the beginning of each anniversary year and upon
thirty (30) days written notice to TENANT. Failure to pay new rental amount when due shall
constitute a default of this agreement, and subject TENANT to termination of this tenancy.
(C) If the rent is not paid by the 10th day of any calendar month, a late charge
of $20.00 will be charged to cover Management's costs for additional accounting and collection
expenses. 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.
7/k/oMea=12/22/96
2
S. 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,
RENTER has a lien on the mobilehome placed on Space No, 30. The lien rights granted
RENTER 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.
6. UNPAID RENT DUE: TENANT hereby agrees that RENTER 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 RENTER, 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: RENTER 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.
WiJoveleasel2122196
3
10. LANDSCAPING:
(A) All TENANTS are required to landscape their Lot in a clean, attractive and
well kept fashion. RENTER encourages all residents to be as original and elaborate as they wish
as far as lawn, flowers and shrubs are concerned, but installation of any trees or any concrete,
masonry or ground cover (including rock, wood -chips, bark, etc.) must be approved by
Management beforehand. TENANTS must check with RENTER'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 RENTER and shall remain upon and be surrendered with the Lot, provided that at
RENTER'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: RENTER expressly prohibits the use of any
furniture on the patio, porch or yard unless it is outdoor patio furniture approved by RENTER'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 RENTER.
(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.
RENTER 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
7/k/ove1ease/2/22/96
4
any other noise that may cause annoyance to TENANTS must, therefore, be kept reasonably low,
especially after 10:00 P.M. No radio transmitters are allowed in the Park. Evidence of
unreasonably loud noise may be shown through statements of at least two other residents of the
park.
(B) Loud parties, intoxication, fighting, immoral conduct or children without
the supervision of an adult, are prohibited.
14. VEHICLE CONTROL:
(A) For the safety of the Park TENANTS and their guests, RENTER 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 RENTER'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 RENTER
1S. ACCESSORY EQUIPMENT AND STRUCTURES: Approval of RENTER
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 RENTER'S Park Manager.
7/k/ove1ease/2122/96
5
16. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and,
with other refuse, must be placed in the proper containers provided therefore. Sanitary and health
laws must be obeyed at all times.
17. INSPECTION: TENANT states that he/she has fully and completely
examined the premises, the streets, recreational facilities and all other areas open to their use and
found their condition as being safe and acceptable.
18. SUBLETTING MOBILEHOMES: Subletting of mobilehomes is
expressly prohibited hereunder without the written consent from Management. TENANTS will
be granted permission gnly 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 RENTER shall require RENTER 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 RENTER'S 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 RENTER 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
RENTER'S employees. TENANT does hereby agree to indemnify and hold RENTER 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.
7/k/owleascW2/96
6
RENTER 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, 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 RENTER of its right to enforce any
provision hereof after any default on the part of TENANT, shall be deemed a waiver of
RENTER'S 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 parry'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. UTILTITES 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 RENTER 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.
7/k/oveleasel212Z/96
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. It
is understood by the parties that the RENTER can only terminate this Rental Agreement pursuant
to the rights granted it by law and the Relocation Agreement. Notwithstanding any other
provision, this agreement shall terminate as provided in the Driftwood Acquisition and Relocation
Agreement, that is, if OVE H is developed and a master lease is executed.
27. INDEMNIFICATION: TENANT covenants to indemnify and hold and save
RENTER 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 RENTER shall in no way diminish TENANT'S obligations hereunder.
29. RENTER'S RIGHT UPON TENANT'S BREACH: RENTER may elect to
terminate this Rental Agreement for any event of default or breach hereof or of the Park Rules
and Regulations. Should RENTER elect to terminate it may recover from TENANT all damages
incurred by RENTER 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 RENTER specified herein are in addition to and
cumulative of any remedies provided RENTER by statute, including the remedies provided in the
California Civil Code.
7/k/ovelease/V2V96
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 RENTER 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 shall, at
7/k/ovelease=2/96
9
his/her own cost and expense, comply with any and all requirements of RENTER'S 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 RENTER and TENANT and shall be ground for termination of this lease by
RENTER.
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.
39. 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/oveleaseJ2/22/96
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.
RENTER:
CL'N . A '� CITY OF IIUNTINGTON BEACH, A
4Gmunicipal corporation of the State of
INADDIS California
REVIEMT,DL-�WDAPPROVED:
Mayor
City AdministratorATTEST:
ACKNOWLEDGED
City Clerk
' APPROVED AS TO FORM:
Park Manager or Lessor
1 C�it Attorney-lla6
D6pdy City Adnfinistri
Adminstrative Services
11
ATTACHMENT 7
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
March, 1996
day of , by and between the City of Huntington
Beach, a municipal corporation (herein called "RENTER') and FRANKLIN CLAYTON BOYER
(hereinafter called "TENANT') pursuant to the terms of implementation contained in the 1988
Driftwood Mobilehome Acquisition and Relocation Agreement, as amended.
2. DEMISED PREMISES: RENTER hereby rents to TENANT, and TENANT
hereby rents from RENTER, that certain Lot known as Space No. 33 situated in Ocean View
Estates Mobilehome Park, 7051 Ellis Avenue, Huntington Beach, California.
3. TERM: The RENTER, as provider of the property upon which Ocean View
Estates is constructed, transfers no rights to occupy said property beyond the twenty-five (25)
year period except as provided in the Driftwood Acquisition and Relocation Agreement, signed
September 16, 1988. TENANT shall provide written notice to any buyer of the relocatee's
mobilehome that occupies a space in Ocean View Estates that the term of this Occupancy
Agreement for the space commences on August 1, 1991, and terminates on August 1, 2016,
unless Ocean View Estates H ("OVE") development is completed and the RENTER and the OVE
Homeowners Association enter into a master lease which covers the property herein described.
4. RENT: TENANT agrees to pay RENTER rent for the demised premises,
without deduction, according to the following Rent Schedule.
(A) $ '109_nn
per month, commencing
July 1, 1995 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
7/k/ovelease
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 1 st Pacific Cities and U.S. City Average All Urban Consumers Price Index
(CPI) whichever is greater, said percentage rental increase shall be calculated on the previous
year's base rental amount and shall be effective July 1 annually.
(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 RENTER renders 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
RENTER which is not supported by sufficient funds or is valueless, then RENTER may require
that payment be made in cash, in which case the TENANT will be notified, and all other
requirements for paying rent and other charges will remain the same. Rent may be adjusted in an
amount determined in accordance with this Paragraph 4 by the City of Huntington Beach Real
Estate Services Division ("the Management") at the beginning of each anniversary year and upon
thirty (30) days written notice to TENANT. Failure to pay new rental amount when due shall
constitute a default of this agreement, and subject TENANT to termination of this tenancy.
(C) If the rent is not paid by the 10th day of any calendar month, a late charge
of $20.00 will be charged to cover Management's costs for additional accounting and collection
expenses. 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.
7/k/oveieasel1J M6
2
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,
RENTER has a lien on the mobilehome placed on Space No. 33. The lien rights granted
RENTER 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.
6. UNPAID RENT DUE: TENANT hereby agrees that RENTER 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 RENTER, 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: RENTER 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.
7/k/ovelease/2/22196
10. LANDSCAPING:
(A) All TENANTS are required to landscape their Lot in a clean, attractive and
well kept fashion. RENTER encourages all residents to be as original and elaborate as they wish
as far as lawn, flowers and shrubs are concerned, but installation of any trees or any concrete,
masonry or ground cover (including rock, wood -chips, bark, etc.) must be approved by
Management beforehand. TENANTS must check with RENTER'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 RENTER and shall remain upon and be surrendered with the Lot, provided that at
RENTER'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: RENTER expressly prohibits the use of any
furniture on the patio, porch or yard unless it is outdoor patio furniture approved by RENTER'S
Park Manager. No overstaffed 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 RENTER-
(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.
RENTER 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
7/lc mdca9WW2M
4
any other noise that may cause annoyance to TENANTS must, therefore, be kept reasonably low,
especially after 10:00 P.M. No radio transmitters are allowed in the Park. Evidence of
unreasonably loud noise may be shown through statements of at least two other residents of the
park.
(B) Loud parties, intoxication, fighting, immoral conduct or children without
the supervision of an adult, are prohibited.
14. VEHICLE CONTROL:
(A) For the safety of the Park TENANTS and their guests, RENTER 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 RENTER'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 RENTER.
Y
15. ACCESSORY EQUIPMENT AND STRUCTURES: Approval of RENTER
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 RENTER'S Park Manager.
7/k/oveleasenna/96
5
16. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and,
with other refuse, must be placed in the proper containers provided therefore. Sanitary and health
laws must be obeyed at all times.
17. INSPECTION: TENANT states that he/she has fully and completely
examined the premises, the streets, recreational facilities and all other areas open to their use and
found their condition as being safe and acceptable.
19. SUBLETTING MOBILEHOMES: Subletting of mobilehomes is
expressly prohibited hereunder without the written consent from Management. TENANTS will
be granted permission gnly 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 RENTER shall require RENTER 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 RENTER'S 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 RENTER 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
RENTER'S employees. TENANT does hereby agree to indemnify and hold RENTER 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.
7/k/ow1cavJ=2J96
6
RENTER 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, 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 RENTER of its right to enforce any
provision hereof after any default on the part of TENANT, shall be deemed a waiver of
RENTER'S 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 parry'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 I of each year, if a
significant change was made in the chapter by legislation enacted in the prior year."
24. UTUffITES 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 RENTER 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.
7/ldoWleaseJ?J2 M
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. It
is understood by the parties that the RENTER can only terminate this Rental Agreement pursuant
to the rights granted it by law and the Relocation Agreement. Notwithstanding any other
provision, this agreement shall terminate as provided in the Driftwood Acquisition and Relocation
Agreement, that is, if OVE II is developed and a master lease is executed.
27. INDEMNIFICATION: TENANT covenants to indemnify and hold and save
RENTER 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 RENTER shall in no way diminish TENANT'S obligations hereunder.
28. RENTER'S RIGHT UPON TENANT'S BREACH: RENTER may elect to
terminate this Rental Agreement for any event of default or breach hereof or of the Park Rules
and Regulations. Should RENTER elect to terminate it may recover from TENANT all damages
incurred by RENTER 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 RENTER specified herein are in addition to and
cumulative of any remedies provided RENTER by statute, including the remedies provided in the
California Civil Code.
Wovelease=2/96
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 RENTER and implemented in compliance with State taw.
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 shall, at
7/k/omleaseJ2/2?/96
9
his/her own cost and expense, comply with any and all requirements of RENTER'S 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 RENTER and TENANT and shall be ground for termination of this lease by
RENTER.
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.
39. 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/ovelease=2/96
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.
TENAN RENTER:
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
FRANKLIN CIJAYTON BOVtR California
MAO ON41► . ► ! i
' ��
NZ
,1� . L. W / i, City Admini �'_ /
ACKNOWLEDGED
Park Manager or Lessor
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Adnunstrative Services
11
ATTACHMENT 8
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND TENANT FOR OCCUPANCY OF SPACE IN
OCEAN VIEW ESTATES MOBILEHOME PARK
11.. PARTIES: This Occupancy Agreement is made and executed this
day of by and between the City of Huntington
Beach, a municipal corporation (herein called "RENTER") and GRACE BROOKS hereinafter
called "TENANT") pursuant to the terms of implementation contained in the 1988 Driftwood
Mobilehome Acquisition and Relocation Agreement, as amended.
2. DEMISED PREMISES: RENTER hereby rents to TENANT, and TENANT
hereby rents from RENTER, that certain Lot known as Space No. 34 situated in Ocean View
Estates Mobilehome Park, 7051 Ellis Avenue, Huntington Beach, California.
3. TERM: The RENTER, as provider of the property upon which Ocean View
Estates is constructed, transfers no rights to occupy said property beyond the twenty-five (25)
year period except as provided in the Driftwood Acquisition and Relocation Agreement, signed
September 16, 1988. TENANT shall provide written notice to any buyer of the relocatee's
mobilehome that occupies a space in Ocean View Estates that the term of this Occupancy
Agreement for the space commences on August 1, 1991, and terminates on August 1, 2016,
unless Ocean View Estates II ("OVE") development is completed and the RENTER and the OVE
Homeowners Association enter into a master lease which covers the property herein described.
4. RENT: TENANT agrees to pay RENTER rent for the demised premises,
without deduction, according to the following Rent Schedule:
(A) $ per month, commencing / .5 and
thereafter a minimum increase of 7% per year, or that percentag �r thi 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
7/k/oveleasel3/I4/96
mobile home parks in the Huntington Beach area, then the rental rate increase shall be no less than
4% or no more than 7% per year, adjusted between this range only by that percentage for the
previous year's May 1st Pacific Cities and U.S. City Average All Urban Consumers Price Index
(CPI) whichever is greater, said percentage rental increase shall be calculated on the previous
year's base rental amount and shall be effective July 1 annually.
(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 RENTER renders 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
RENTER which is not supported by sufficient funds or is valueless, then RENTER may require
that payment be made in cash, in which case the TENANT wiII 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 1 Oth 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,
7/k/ovelease/3/14/96
2
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,
RENTER has a lien on the mobilehome placed on Space No. 34. The lien rights granted
RENTER 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.
b. UNPAID RENT DUE: TENANT hereby agrees that RENTER 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 RENTER, 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: RENTER 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.
7/k/ovelease/3/14/96
3
10. LANDSCAPING:
(A) All TENANTS are required to landscape their Lot in a clean, attractive and
well kept fashion. RENTER encourages all residents to be as original and elaborate as they wish
as far as lawn, flowers and shrubs are concerned, but installation of any trees or any concrete,
masonry or ground cover (including rock, wood -chips, bark, etc.) must be approved by
Management beforehand. TENANTS must check with RENTER'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 RENTER and shall remain upon and be surrendered with the Lot, provided that at
RENTER'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: RENTER expressly prohibits the use of any
furniture on the patio, porch or yard unless it is outdoor patio furniture approved by RENTER'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 RENTER.
(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.
RENTER 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
7/k/ovelease/3 / 14/96
4
any other noise that may cause annoyance to TENANTS must, therefore, be kept reasonably low,
especially after 10:00 P.M. No radio transmitters are allowed in the Park. Evidence of
unreasonably loud noise may be shown through statements of at least two other residents of the
park.
(B) Loud parties, intoxication, fighting, immoral conduct or children without
the supervision of an adult, are prohibited.
14. VEHICLE CONTROL:
(A) For the safety of the Park TENANTS and their guests, RENTER 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 RENTER'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 RENTER.
15. ACCESSORY EQUIPMENT AND STRUCTURES: Approval of RENTER
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 RENTER'S Park Manager.
7/k/ovelease/3/14/96
5
16. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and,
with other refuse, must be placed in the proper containers provided therefore. Sanitary and health
laws must be obeyed at all times.
17. INSPECTION: TENANT states that he/she has fully and completely
examined the premises, the streets, recreational facilities and all other areas open to their use and
found their condition as being safe and acceptable.
18. SUBLETTING MOBILEHOMES: Subletting of mobilehomes is
expressly prohibited hereunder without the written consent from Management. TENANTS will
be granted permission pAly 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 RENTER shall require RENTER 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 RENTER'S 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 RENTER 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
RENTER'S employees. TENANT does hereby agree to indemnify and hold RENTER 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.
7/k/ovelease/3/14/96
Z
L.,
RENTER 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, 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 RENTER of its right to enforce any
provision hereof after any default on the part of TENANT, shall be deemed a waiver of
RENTER'S 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 RENTER 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.
7/k/ovelease/3/14/96
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. It
is understood by the parties that the RENTER can only terminate this Rental Agreement pursuant
to the rights granted it by law and the Relocation Agreement. Notwithstanding any other
provision, this agreement shall terminate as provided in the Driftwood Acquisition and Relocation
Agreement, that is, if OVE II is developed and a master lease is executed.
27. INDEMNIFICATION: TENANT covenants to indemnify and hold and save
RENTER 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 RENTER shall in no way diminish TENANT'S obligations hereunder,
28. RENTER'S RIGHT UPON TENANT'S BREACH: RENTER may elect to
terminate this Rental Agreement for any event of default or breach hereof or of the Park Rules
and Regulations. Should RENTER elect to terminate it may recover from TENANT all damages
incurred by RENTER 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 RENTER specified herein are in addition to and
cumulative of any remedies provided RENTER by statute, including the remedies provided in the
California Civil Code.
7/k/oveleasel3/14/96
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 RENTER 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 shall, at
7/k/ovelease/3/14/96
G1
his/her own cost and expense, comply with any and all requirements of RENTER'S 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 RENTER and TENANT and shall be ground for termination of this lease by
RENTER.
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/kloveleasel3114196
10
39. ENTHIETY: This Rental Agreement and the documents incorporated
herein contain the entire agreement between the parties.
JN 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: RENTER:
CITY OF HUNTINGTON BEACH, A
��{y municipal corporation of the State of
GRACE BROOKS California
'io
Pzd,01111'jlroo� fl"aap OP "Powo
Mayor
sty A m n st ator ATTEST:
ACKNOWLEDGED
Park Manager or Lessor
7/k/ovelease/3/14/96
11
City Clerk
PROVED AS TO FORM:
City Atto'T
/I
OAy City`X itistrator/Director
minstrative SVervices /
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
!0
39.
ENTIRETY
11
7/k/ovclease/3/14/96
ATTACHMENT 9
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 '`larch, 1996 , by and between the City of Huntington
Beach, a municipal corporation (herein called "RENTER') and PAT SIMON (hereinafter called
"TENANT") pursuant to the terms of implementation contained in the 1988 Driftwood
Mobilehome Acquisition and Relocation Agreement, as amended.
2. DEMISED PREMISES: RENTER hereby rents to TENANT, and TENANT
hereby rents from RENTER, that certain Lot known as Space No. 38 situated in Ocean View
Estates Mobilehome Park, 7051 Ellis Avenue, Huntington Beach, California.
3. TERM: The RENTER, as provider of the property upon which Ocean View
Estates is constructed, transfers no rights to occupy said property beyond the twenty-five (25)
year period except as provided in the Driftwood Acquisition and Relocation Agreement, signed
September 16, 1988. TENANT shall provide written notice to any buyer of the relocatee's
mobilehome that occupies a space in Ocean View Estates that the term of this Occupancy
Agreement for the space commences on August 1, 1991, and terminates on August 1, 2016,
unless Ocean View Estates II ("OVE") development is completed and the RENTER and the OVE
Homeowners Association enter into a master lease which covers the property herein described.
4. RENT: TENANT agrees to pay RENTER rent for the demised premises,
without deduction, according to the following Rent Schedule:
(A) $ 308.00 per month, commencing July 1, 1995 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
Wklovelevm
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 71/6 per year, adjusted between this range only by that percentage for the
previous year's May 1st Pacific Cities and U.S. City Average All Urban Consumers Price Index
(CPI) whichever is greater, said percentage rental increase shall be calculated on the previous
year's base rental amount and shall be effective July 1 annually.
(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 RENTER renders 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
RENTER which is not supported by sufficient funds or is valueless, then RENTER may require
that payment be made in cash, in which case the TENANT will be notified, and all other
requirements for paying rent and other charges will remain the same. Rent may be adjusted in an
amount determined in accordance with this Paragraph 4 by the City of Huntington Beach Real
Estate Services Division ("the Management") at the beginning of each anniversary year and upon
thirty (30) days written notice to TENANT. Failure to pay new rental amount when due shall
constitute a default of this agreement, and subject TENANT to termination of this tenancy.
(C) If the rent is not paid by the 10th day of any calendar month, a late charge
of $20.00 will be charged to cover Management's costs for additional accounting and collection
expenses. 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 parry's Rental Agreement or
affect any notice, demand or suit hereunder.
7lk/owlease/2/22/96
2
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,
RENTER has a lien on the mobilehome placed on Space No. 38. The lien rights granted
RENTER 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.
6. UNPAID RENT DUE: TENANT hereby agrees that RENTER 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 RENTER, 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: RENTER 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.
7/k/oveleme/2/22/96
3
14. LANDSCAPING:
(A) All TENANTS are required to landscape their Lot in a clean, attractive and
well kept fashion. RENTER encourages all residents to be as original and elaborate as they wish
as far as lawn, flowers and shrubs are concerned, but installation of any trees or any concrete,
masonry or ground cover (including rock, wood -chips, bark, etc.) must be approved by
Management beforehand. TENANTS must check with RENTER'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 RENTER and shall remain upon and be surrendered with the Lot, provided that at
RENTER'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: RENTER expressly prohibits the use of any
furniture on the patio, porch or yard unless it is outdoor patio furniture approved by RENTER'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 RENTER-
(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.
RENTER 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
7/k/oveleaseW2ft
4
any other noise that may cause annoyance to TENANTS must, therefore, be kept reasonably low,
especially after 10:00 P.M. No radio transmitters are allowed in the Park. Evidence of
unreasonably loud noise may be shown through statements of at least two other residents of the
park.
(B) Loud parties, intoxication, fighting, immoral conduct or children without
the supervision of an adult, are prohibited.
14. VEHICLE CONTROL:
(A) For the safety of the Park TENANTS and their guests, RENTER 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 RENTER'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 RENTER
15. ACCESSORY EQUIPMENT AND STRUCTURES: Approval of RENTER
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 RENTER'S Park Manager.
Mdoveleasel2/22/%
16. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and,
with other refuse, must be placed in the proper containers provided therefore. Sanitary and health
laws must be obeyed at all times.
17. INSPECTION: TENANT states that he/she has fully and completely
examined the premises, the streets, recreational facilities and all other areas open to their use and
found their condition as being safe and acceptable.
19. SUBLETTING MOBILEHOMES: Subletting of mobilehomes is
expressly prohibited hereunder without the written consent from Management. TENANTS will
be granted permission 2& 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 RENTER shall require RENTER 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 RENTER'S 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 RENTER 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
RENTER'S employees. TENANT does hereby agree to indemnify and hold RENTER 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.
7/k/ove1easeJ2/ V%
6
RENTER 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, 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 RENTER of its right to enforce any
provision hereof after any default on the part of TENANT, shall be deemed a waiver of
RENTER'S 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 parry's Rental
Agreement or the Park's Rules and Regulations, nor shall it reinstate, continue or extend the term
of the parry'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 RENTER 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.
7/ldoveleasel2R %
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. It
is understood by the parties that the RENTER can only terminate this Rental Agreement pursuant
to the rights granted it by law and the Relocation Agreement. Notwithstanding any other
provision, this agreement shall terminate as provided in the Driftwood Acquisition and Relocation
Agreement, that is, if OVE U is developed and a master lease is executed.
27. INDEMNIFICATION: TENANT covenants to indemnify and hold and save
RENTER 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 RENTER shall in no way diminish TENANT'S obligations hereunder.
'28. RENTER'S RIGHT UPON TENANT'S BREACH: RENTER may elect to
terminate this Rental Agreement for any event of default or breach hereof or of the Park Rules
and Regulations. Should RENTER elect to terminate it may recover from TENANT all damages
incurred by RENTER 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 RENTER specified herein are in addition to and
cumulative of any remedies provided RENTER by statute, including the remedies provided in the
California Civil Code.
711dove1ease/2/ V%
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 RENTER and implemented in compliance with State law.
TENANT also agrees that any breach by himselflherself, 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 shall, at
7/ktove1easd=2/96
9
his/her own cost and expense, comply with any and all requirements of RENTER'S 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 RENTER and TENANT and shall be ground for termination of this lease by
RENTER.
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.
39. 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/oveleasdM2/96
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:
PAT SIMON
APPROVED:
City
ACKNOWLEDGED
Park Manager or Lessor
RENTER:
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Z - 1-4 -"I � /I U1
Adminstrative Services
11
ATTACHMENT 10
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND TENANT FOR OCCUPANCY OF SPACE IN
OCEAN VIEW ESTATES MOBILEHOME PARK
1. PARTIES: Thi ccppancy Agreement is made and executed this
stay of 1996 , by and between the City of Huntington
iv _91
Beach, a municipal corporation (herein called "RENTER') and PAT FALKENSTEIN (hereinafter
called "TENANT") pursuant to the terms of implementation contained in the 1988 Driftwood
Mobilehome Acquisition and Relocation Agreement, as amended.
2. DEMISED PREMISES: RENTER hereby rents to TENANT, and TENANT
hereby rents from RENTER, that certain Lot known as Space No. 40 situated in Ocean View
Estates Mobilehome Park, 7051 Ellis Avenue, Huntington Beach, California.
3. TERM: The RENTER, as provider of the property upon which Ocean View
Estates is constructed, transfers no rights to occupy said property beyond the twenty-five (25)
year period except as provided in the Driftwood Acquisition and Relocation Agreement, signed
September 16, 1988. TENANT shall provide written notice to any buyer of the relocatee's
mobilehome that occupies a space in Ocean View Estates that the term of this Occupancy
Agreement for the space commences on August 1, 1991, and terminates on August 1, 2016,
unless Ocean View Estates II ("OVE") development is completed and the RENTER and the OVE
Homeowners Association enter into a master lease which covers the property herein described.
4. RENT: TENANT agrees to pay RENTER rent for the demised premises,
without deduction, according to the following Rent Schedule:
(A) $ 308.00per month, commencing July 1, 1995 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
7/k/ovelease
calculated on the previous year's base rental amount. When the rent achieves the average rent for
mobile home parks in the Huntington Beach area, then the rental rate increase shall be no less than
4% or no more than 7% per year, adjusted between this range only by that percentage for the
previous year's May 1st pacific Cities and U.S. City Average All Urban Consumers Price Index
(CPI) whichever is greater, said percentage rental increase shall be calculated on the previous
year's bases 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 RENTER renders 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
RENTER which is not supported by sufficient funds or is valueless, then RENTER may require
that payment be made in cash, in which case the TENANT will be notified, and all other
requirements for paying rent and other charges will remain the same. Rent may be adjusted in an
amount determined in accordance with this Paragraph 4 by the City of Huntington Beach Real
Estate Services Division ("the Management") at the beginning of each anniversary year and upon
thirty (30) days written notice to TENANT. Failure to pay new rental amount when due shall
constitute a default of this agreement, and subject TENANT to termination of this tenancy.
(C) If the rent is not paid by the 10th day of any calendar month, a late charge
of $20.00 will be charged to cover Management's costs for additional accounting and collection
expenses. Additionally, 8 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.
Wk/meleasel2/22/96
2
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,
RENTER has a lien on the mobilehome placed on Space No. 40. The lien rights granted
RENTER 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.
6. UNPAID RENT DUE: TENANT hereby agrees that RENTER 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 RENTER, 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: RENTER 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.
7/k/oveleaseJ2/22/96
10. LANDSCAPING:
(A) All TENANTS are required to landscape their Lot in a clean, attractive and
well kept fashion. RENTER encourages all residents to be as original and elaborate as they wish
as far as lawn, flowers and shrubs are concerned, but installation of any trees or any concrete,
masonry or ground cover (including rock, wood -chips, bark, etc.) must be approved by
Management beforehand. TENANTS must check with RENTER'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 RENTER and shall remain upon and be surrendered with the Lot, provided that at
RENTER'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 RENTER expressly prohibits the use of any
furniture on the patio, porch or yard unless it is outdoor patio furniture approved by RENTER'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 RENTER.
(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.
RENTER 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
7/k/ovelease=2/96
4
any other noise that may cause annoyance to TENANTS must, therefore, be kept reasonably low,
especially after 10:00 P.M. No radio transmitters are allowed in the Park. Evidence of
unreasonably loud noise may be shown through statements of at least two other residents of the
park.
(B) Loud parties, intoxication, fighting, immoral conduct or children without
the supervision of an adult, are prohibited.
14. VEHICLE CONTROL:
(A) For the safety of the Park TENANTS and their guests, RENTER 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 RENTER'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 RENTER.
15. ACCESSORY EQUIPMENT AND STRUCTURES: Approval of RENTER
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 RENTER'S Park Manager.
7/k/oveleasd2/ W6
16. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and,
with other refuse, must be placed in the proper containers provided therefore. Sanitary and health
laws must be obeyed at all times.
17. INSPECTION: TENANT states that helshe 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 We and acceptable.
19. SUBLETTING MOBILEHOMES: Subletting of mobilehomes is
expressly prohibited hereunder without the written consent from Management. TENANTS will
be granted permssion pnly 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 RENTER shall require RENTER 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 RENTER'S 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 RENTER 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
RENTER'S employees. TENANT does hereby agree to indemnify and hold RENTER 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.
7/k/oveleaseW2/96
6
RENTER 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, 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 RENTER of its right to enforce any
provision hereof after any default on the part of TENANT, shall be deemed a waiver of
RENTER'S 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 parry's Rental
Agreement or the Park's Rules and Regulations, nor shall it reinstate, continue or extend the term
of the parry's Rental Agreement or affect any notice, demand or suit thereunder.
23. CALIFORNIA CIVIL CODE REQUIREMENTS: California Civil Cade
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."
244. UTUXTIES 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 RENTER 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.
71k1mdcase1Z1 V%
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. It
is understood by the parties that the RENTER can only terminate this Rental Agreement pursuant
to the rights granted it by law and the Relocation Agreement. Notwithstanding any other
provision, this agreement shall terminate as provided in the Driftwood Acquisition and Relocation
Agreement, that is, if OVE II is developed and a master lease is executed.
27. INDEMNIFICATION: TENANT covenants to indemnify and hold and save
RENTER 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 RENTER shall in no way diminish TENANT'S obligations hereunder.
28. RENTER'S RIGHT UPON TENANTS BREACH: RENTER may elect to
terminate this Rental Agreement for any event of default or breach hereof or of the Park Rules
and Regulations. Should RENTER elect to terminate it may recover from TENANT all damages
incurred by RENTER 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 RENTER specified herein are in addition to and
cumulative of any remedies provided RENTER by statute, including the remedies provided in the
California Civil Code.
7/k/ovelease=2/96
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 RENTER 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 shall, at
7/k/ove1ease=2/96
9
his/her own cost and expense, comply with any and all requirements of RENTER'S 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 RENTER and TENANT and shall be ground for termination of this lease by
RENTER.
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 INVALYMY. 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/ove1c&wJ2/22/96
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: o�a��9d RENTER:
f CITY OF HUNTINGTON BEACH, A
r �J municipal corporation of the State of
PAT FALKENSTEIN California
Mayor
EST:
ACKNOWLEDGED
City Clerk
M ' APPROVED AS TO FORM:
Park Manager or Lessor
City Attorney 4
Deputy Cky-Adtnini1str<
Adminstrative Services
11
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND TENANT FOR OCCUPANCY OF SPACE IN
OCEAN VIEW ESTATES MOBILEHOME PARK
TABLE OF CONTENTS
Section
1.
PARTIES
2.
DEMISED PREMISES
3.
TERM
4.
RENT
5.
STORAGE LIEN
6.
UNPAID RENT DUE
7•
PERMISSIBLE USE OF LOT
8.
MANAGEMENT OF PARK
9.
LOT MAINTENANCE
10.
LANDSCAPING
11.
PATIO FURNITURE
12.
PETS
13.
PEACE AND QUIET
I4.
VEHICLE CONTROL
15.
ACCESSORY EQUIPMENT
16.
GARBAGE AND TRASH DISPOSAL
17.
INSPECTION
18•
SUBLETTING MOBI EHOMES
19.
WRITTEN APPROVAL
20.
COMPLAINTS
21.
WAVIER OF LIABILITY
22.
WAIVER OF DEFAULT
23.
CALIFORNIA CIVIL CODE
24.
UTILITIES AND OTHER CHARGES
25.
POSSESSORY TAXES
26•
TERMINATION
27.
INDEMNIFICATION
28.
RENTER'S RIGHT UPON BREACH
29.
RECEIPT OF PARK RULES
30.
ASSIGNABILITY
31.
GOVERNING LAW
32.
CAPTIONS
33.
EXECUTION AND ACKNOWLEDGMENT
34.
INSURANCE HAZARDS
35.
WASTE OR NUISANCE
36.
COMPLIANCE WITH LAW
37.
BINDING ON HEMS
39.
PARTIAL INVALIDITY
39.
ENTIRETY
Page
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3
4
4
4
4
5
5
6
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ID
10
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7/k/melmwJ222/96
ATTACHMENT 1 1
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND TENANT FOR OCCUPANCY OF SPACE IN
OCEAN VIEW ESTATES MOBILEHOME PARK
1.
12th
PARTIES: This Occupancy Agreement is made and executed this
March, 1496 _ day of _ , by and between the City of Huntington
Beach, a municipal corporation (herein called "RENTER") and GEORGE FADER and SALLY
FADER (hereinafter called "TENANT") pursuant to the terms of implementation contained in the
1988 Driftwood Mobilehome Acquisition and Relocation Agreement, as amended.
2. DEMISED PREMISES: RENTER hereby rents to TENANT, and TENANT
hereby rents from RENTER, that certain Lot known as Space No. 43 situated in Ocean View
Estates Mobilehome Park, 7051 Ellis Avenue, Huntington Beach, California.
3. TERM: The RENTER, as provider of the property upon which Ocean View
Estates is constructed, transfers no rights to occupy said property beyond the twenty-five (25)
year period except as provided in the Driftwood Acquisition and Relocation Agreement, signed
September 16, 1988. TENANT shall provide written notice to any buyer of the relocatee's
mobilehome that occupies a space in Ocean View Estates that the term of this Occupancy
Agreement for the space Ifmmences on August 1, 1991, and terminates on August 1, 2016,
unless Ocean View Estates II ("OVE") development is completed and the RENTER and the OVE
Homeowners Association enter into a master lease which covers the property herein described.
4. RENT: TENANT agrees to pay RENTER rent for the demised premises,
without deduction, according to the following Rent Schedule:
(A) $ 308,00 per month, commencing
July 1, 1995 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
7/k/ovelease
calculated on the previous year's base rental amount. When the rent achieves the average rent for
mobile home parks in the Huntington Beach area, then the rental rate increase shall be no less than
4% or no more than 7% per year, adjusted between this range only by that percentage for the
previous year's May 1st Pacific Cities and U.S. City Average All Urban Consumers Price Index
(CPI) whichever is greater, said percentage rental increase shall be calculated on the previous
year's base rental amount and shall be effective July 1 annually.
(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 RENTER renders 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
RENTER which is not supported by sufficient funds or is valueless, then RENTER 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 1 Oth 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 parry's Rental Agreement or
affect any notice, demand or suit hereunder.
7/k/owlease=2/96
2
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,
RENTER has a lien on the mobilehome placed on Space No. 43. The lien rights granted
RENTER 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.
6. UNPAID RENT DUE: TENANT hereby agrees that RENTER 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 RENTER, 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: RENTER 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.
7/klovelease/2/22/96
3
10. LANDSCAPING:
(A) All TENANTS are required to landscape their Lot in a clean, attractive and
well kept fashion. RENTER encourages all residents to be as original and elaborate as they wish
as far as lawn, flowers and shrubs are concerned, but installation of any trees or any concrete,
masonry or ground cover ('including rock, wood -chips, bark, etc.) must be approved by
Management beforehand. TENANTS must check with RENTER'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 RENTER and shall remain upon and be surrendered with the Lot, provided that at
RENTER'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: RENTER expressly prohibits the use of any
furniture on the patio, porch or yard unless it is outdoor patio furniture approved by RENTER'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 RENTER.
(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.
RENTER 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
7/k/ovelease/2/MV96
4
any other noise that may cause annoyance to TENANTS must, therefore, be kept reasonably low,
especially after 10:00 P.M. No radio transmitters are allowed in the Park. Evidence of
unreasonably loud noise may be shown through statements of at least two other residents of the
park.
(B) Loud parties, intoxication, fighting, immoral conduct or children without
the supervision of an adult, are prohibited.
14. VEHICLE CONTROL:
(A) For the safety of the Park TENANTS and their guests, RENTER 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 RENTER'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 RENTER.
Y
15. ACCESSORY EQUIPMENT AND STRUCTURES: Approval of RENTER
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 RENTER'S Park Manager.
7/ldowlease=2ft
16. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and,
with other refuse, must be placed in the proper containers provided therefore. Sanitary and health
laws must be obeyed at all times.
17. INSPECTION: TENANT states that he/she has fully and completely
examined the premises, the streets, recreational facilities and all other areas open to their use and
found their condition as being safe and acceptable.
19. SUBLETTING MOBILEHOMES: Subletting of mobdehomes is
expressly prohibited hereunder without the written consent from Management. TENANTS will
be granted permission Qnly 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 RENTER shall require RENTER 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 RENTER'S Park manager in writing during office hours.
21. WAIVER OF LIABELITY: TENANT, as a material part of the
consideration under the Rental Agreement, hereby waives all claims against RENTER 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
RENTER'S employees. TENANT does hereby agree to indemnify and hold RENTER 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.
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6
RENTER 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, 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 RENTER of its right to enforce any
provision hereof after any default on the part of TENANT, shall be deemed a waiver of
RENTER'S 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 part's Rental
Agreement or the Park's Rules and Regulations, nor shall it reinstate, continue or extend the term
of the parry'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 RENTER 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.
7/k/oveleasec=2/96
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. It
is understood by the parties that the RENTER can only terminate this Rental Agreement pursuant
to the rights granted it by law and the Relocation Agreement. Notwithstanding any other
provision, this agreement shall terminate as provided in the Driftwood Acquisition and Relocation
Agreement, that is, if OVE II is developed and a master lease is executed.
27. INDEMNIFICATION: TENANT covenants to indemnify and hold and save
RENTER 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 RENTER shall in no way diminish TENANT'S obligations hereunder.
29. RENTER'S RIGHT UPON TENANT'S BREACH: RENTER may elect to
terminate this Rental Agreement for any event of default or breach hereof or of the Park Rules
and Regulations. Should RENTER elect to terminate it may recover from TENANT all damages
incurred by RENTER 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 RENTER specified herein are in addition to and
cumulative of any remedies provided RENTER by statute, including the remedies provided in the
California Civil Code.
7/k/mIcasenn2/96
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 RENTER and implemented in compliance with State law.
TENANT also agrees that any breach by himselflherself, 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 shall, at
7/ldovelease=2/96
9
his/her own cost and expense, comply with any and all requirements of RENTER'S 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 RENTER and TENANT and shall be ground for termination of this lease by
RENTER.
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.
39. 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/onlease/2/22/96
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:
GEO-R(GE ADER
FADER
s*k4 01
ACKNOWLEDGED
Park Manager or Lessor
RENTER:
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
11
AGREEMENT BETWEEN THE CITY OF HUNTIINGTON BEACH
AND TENANT FOR OCCUPANCY OF SPACE IN
OCEAN VIEW ESTATES MOBILEHOME PARK
TABLE OF CONTENTS
Section
Page
I.
PARTIES
1
2.
DEMISED PREMISES
1
3.
TERM
1
4.
RENT
1
5.
STORAGE LIEN
3
6.
UNPAID RENT DUE
3
I.
PERMISSIBLE USE OF LOT
3
S.
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
S
15.
ACCESSORY EQUIPMENT
S
M.
GARBAGE AND TRASH DISPOSAL
6
17.
INSPECTION
6
18.
SUBLETTINGMOBILE'HONM
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
S
28.
RENTER'S RIGHT UPON BREACH
8
29.
RECEIPT OF PARK RULES
9
30.
ASSIGNABILTTY
9
31.
GOVERNING LAW
9
32.
CAPTIONS
9
33.
EXECUTION AND ACKNOWLEDGMENT
9
34.
INSURANCE HAZARDS
9
35.
WASTEORNUISANCE
10
36.
COMPLIANCE WITH LAW
10
37.
BINDING ON HEIRS
10
38.
PARTIAL INVALIDITY
10
39.
ENTIRETY
I
7/k/oveleasd=2/96
ATTACHMENT 12
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
end day of April, 1996 , by and between the City of Huntington
Beach, a municipal corporation (herein called "RENTER") and PHIL CARLIN (hereinafter called
"TENANT") pursuant to the terms of implementation contained in the 1988 Driftwood
Mobilehome Acquisition and Relocation Agreement, as amended.
2. DEMISED PREMISES: RENTER hereby rents to TENANT, and TENANT
hereby rents from RENTER, that certain Lot known as Space No. 3 situated in Ocean View
Estates Mobilehome Park, 7051 Ellis Avenue, Huntington Beach, California.
3. TERM: The RENTER, as provider of the property upon which Ocean View
Estates is constructed, transfers no rights to occupy said property beyond the twenty-five (25)
year period except as provided in the Driftwood Acquisition and Relocation Agreement, signed
September 16, 1988. TENANT shall provide written notice to any buyer of the relocatee's
mobilehome that occupies a space in Ocean View Estates that the term of this Occupancy
Agreement for the space commences on August 1, 1991, and terminates on August 1, 2016,
unless Ocean View Estates II COVE") development is completed and the RENTER and the OVE
Homeowners Association enter into a master lease which covers the property herein described.
4. RENT: TENANT agrees to pay RENTER rent for the demised premises,
without deduction, according to the following Rent Schedule:
(A)
$ 308.00 per month, commencing ' 3uly 1, 1995
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
7/k/ovelease
calculated on the previous year's base rental amount. When the rent achieves the average rent for
mobile home parks in the Huntington Beach area, then the rental rate increase shall be no less than
4% or no more than 7% per year, adjusted between this range only by that percentage for the
previous year's May 1st Pacific Cities and U.S. City Average All Urban Consumers Price Index
(CPI) whichever is greater, said percentage rental increase shall be calculated on the previous
year's base rental amount and shall be effective July 1 annually.
(B) Said rent shall be payable monthly in advance, on the fast day of each
month, plus all other sums, if any, payable hereunder, which additional charges shall be payable
within five (5) days after RENTER renders 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
RENTER which is not supported by sufficient funds or is valueless, then RENTER may require
that payment be made in cash, in which case the TENANT will be notified, and all other
requirements for paying rent and other charges will remain the same. Rent may be adjusted in an
amount determined in accordance with this Paragraph 4 by the City of Huntington Beach Real
Estate Services Division ("the Management") at the beginning of each anniversary year and upon
thirty (30) days written notice to TENANT. Failure to pay new rental amount when due shall
constitute a default of this agreement, and subject TENANT to termination of this tenancy.
(C) If the rent is not paid by the 10th day of any calendar month, a late charge
of $20.00 will be charged to cover Management's costs for additional accounting and collection
expenses. 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 parry's Rental Agreement or
affect any notice, demand or suit hereunder.
7/k/welease/2R2M
2
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,
RENTER has a lien on the mobilehome placed on Space No. 3. The lien rights granted RENTER
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.
6. UNPAID RENT DUE: TENANT hereby agrees that RENTER 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 RENTER, 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: RENTER 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.
7/k/oveleawJ2/22/96
10. LANDSCAPING:
(A) All TENANTS are required to landscape their Lot in a clean, attractive and
well kept fashion. RENTER encourages all residents to be as original and elaborate as they wish
as far as lawn, flowers and shrubs are concerned, but installation of any trees or any concrete,
masonry or ground cover (including rock, wood -chips, bark, etc.) must be approved by
Management beforehand. TENANTS must check with RENTER'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 RENTER and shall remain upon and be surrendered with the Lot, provided that at
RENTER'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 RENTER expressly prohibits the use of any
furniture on the patio, porch or yard unless it is outdoor patio furniture approved by RENTER'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 RENTER
(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.
RENTER 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
7/k/ove1easeW2/96
4
any other noise that may cause annoyance to TENANTS must, therefore, be kept reasonably low,
especially after 10:00 P.M. No radio transmitters are allowed in the Park. Evidence of
unreasonably loud noise may be shown through statements of at least two other residents of the
park.
(B) Loud parties, intoxication, fighting, immoral conduct or children without
the supervision of an adult, are prohibited.
14. VEHICLE CONTROL:
(A) For the safety of the Park TENANTS and their guests, RENTER 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 RENTER'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 RENTER
15. ACCESSORY EQUIPMENT AND STRUCTURES: Approval of RENTER
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 RENTER'S Park Manager.
7/k/ovc1ease/2/22/96
16. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and,
with other refuse, must be placed in the proper containers provided therefore. Sanitary and health
laws must be obeyed at all times.
17. INSPECTION: TENANT states that he/she has fully and completely
examined the premises, the streets, recreational facilities and all other areas open to their use and
found their condition as being safe and acceptable.
18. SUBLETTING MOBILEHOMES: Subletting of mobilehomes is
expressly prohibited hereunder without the written consent from Management. TENANTS will
be granted permission gnly 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 RENTER shall require RENTER 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 RENTER'S 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 RENTER 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
RENTER'S employees. TENANT does hereby agree to indemnify and hold RENTER 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.
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RENTER 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, 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 RENTER of its right to enforce any
provision hereof after any default on the part of TENANT, shall be deemed a waiver of
RENTER'S 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 parry'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 RENTER 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.
7/k/oveleasel2 V96
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. It
is understood by the parties that the RENTER can only terminate this Rental Agreement pursuant
to the rights granted it by law and the Relocation Agreement. Notwithstanding any other
provision, this agreement shall terminate as provided in the Driftwood Acquisition and Relocation
Agreement, that is, if OVE II is developed and a master lease is executed.
27. INDEMNIFICATION: TENANT covenants to indemnify and hold and save
RENTER 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 RENTER shall in no way diminish TENANT'S obligations hereunder.
28. RENTER'S RIGHT UPON TENANT'S BREACH: RENTER may elect to
terminate this Rental Agreement for any event of default or breach hereof or of the Park Rules
and Regulations. Should RENTER elect to terminate it may recover from TENANT all damages
incurred by RENTER 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 RENTER specified herein are in addition to and
cumulative of any remedies provided RENTER by statute, including the remedies provided in the
California Civil Code.
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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 RENTER 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 shall, at
74dovelease/2/22/96
9
his/her own cost and expense, comply with any and all requirements of RENTER'S 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 RENTER and TENANT and shall be ground for termination of this lease by
RENTER.
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.
74doveleaseJ2/22/96
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:
PHIL CARLIN 0,rR
REVIEWED
ACKNOWLEDGED
Park Manager or Lessor
RENTER:
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
Mayor
;T:
City Clerk
APPROVED AS TO FORM:
��JL_��City Attorney /%� �1
INITIA;rfD ADO AF�ROVED:
De-�'uty City Ndministrator/Dire r of
Adminstrative Services Ii
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.
UTII.TTIES 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.
ASSIGNABIIdTY
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/ldaveleaseM2/96