HomeMy WebLinkAboutSANCHEZ, ARTURO & SANCHEZ, ADALGISA - 1998-04-20 4A u^^ ' of�ff id,
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Council Meeting Date: April 20, 1998 Department ID Number: ED 98-12
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCILIREDEVELOPMENT AGENCY ACTION
SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL
MEMBERS/REDEVELOPMENT AGENCY MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator/Exec iv Direct ��
C
PREPARED BY: DAVID C. BIGGS, Economic Develop nt Dir
ROBERT J. FRANZ, Deputy City Administrator
SUBJECT: AUTHORIZE SALE AND TRANSFER OF OWNERSHI : OCEAN
VIEW ESTATES (7051 ELLIS AVENUE) MOBILE HOME UNIT #28
Statement of Issue,Funding Source,Recommended Action,Alternative Actlon(s),Analysis,Environmental Status,Attachment(s)
Statement of issue: The estate of Marge Stipe has requested that the Redevelopment
Agency approve the sale of her mobile home to a third party for $10,000.00 cash. Originally,
the Agency did not pursue its option purchase the home for the full "Agreed Value" in 1996,
thus allowing the estate to sell to a third party. If a third party sale is completed, then the
Agency must pay the difference between the sale price and the 1997 Agreed Value
($55,745.88 - $10,000.00 = $45,745.88) as outlined in the Driftwood Acquisition and
Relocation Agreement.
Funding Source: Budgeted 1997-98 Redevelopment Funds, Account No. E-TW-ED-801-6-
10-00.
Recommended Action: Motion to:
As the Redevelopment Agency:
1. Authorize the sale of Ocean View Estates Space #28 by the estate of Marge Stipe to Mr.
and Mrs. Arturo Sanchez for $10,000.00.
2. Authorize the Executive Director to execute documents necessary to deliver $45,745.88
to Express Escrow Company as the Agency's gap payment.
REQUEST FOR AUNCIL/REDEVELOPMENT MENCY ACTION
MEETING DATE: April 20, 1998
DEPARTMENT ID NUMBER: ED 98-12
As the City:
1. Authorize the Mayor and City Clerk to execute the attached rental agreement upon
acceptance and execution by the prospective purchaser, Mr. and Mrs. Arturo Sanchez.
Alternative Actions :
2. Do not accept the lease agreement as it is currently written. Direct staff to change
specific terms, or renegotiate with the prospective tenant.
Analysis:
On August 5, 1988, the Agency entered into a Disposition and Development Agreement with
The Robert Mayer Corporation for the development of The Waterfront Project. As a part of
that agreement, the Agency entered into a Relocation Agreement with the residents of
Driftwood Mobile Home Park. Section XI(B) of the Agreement outlines the resale rights of
the tenant and the Agency's rights and obligations:
1. Ri-ght of Resale and Price Guarantee: Any Tenant who relocates to Ocean
View Estates I or II, and after the second year following occupancy, is unable
to sell the mobile home for a price equal to the Agreed Value for a period of
no less than ninety (90) days, may then offer to sell to the Agency for the
Agreed Value. The Agency may elect, within thirty (30) days following written
notice of the offer to sell, to either:
(a) Acquire Tenant's mobile home at the Agreed Value and pay all costs
occasioned by the sale; or
(b) Permit Tenant to sell the mobile home on the open market and
immediately upon close of escrow, if the Tenant receives less than the
Agreed Value (before paying any liens), the Agency shall pay the
difference to Tenant, but if the Tenant receives more than the Agreed
Value, Tenant shall retain all sale proceeds;
(c) Failure by the Agency to provide Tenant with written notice of its election
within thirty (30) days of receipt of the offer to sell by the Agency shall be
deemed to be rejection of the offer and an agreement to proceed under
paragraph 13.1.(b) of this Section."
Ms. Martin's estate listed her mobile home for sale for the 1994 Agreed Value for a ninety
(90) day period beginning November 8, 1995. The home has been on the market
continuously since that time, and a cash offer for $10,000.00 has been submitted to
Marguerite Jordan, Executrix. The Agency was notified of the end of the ninety-day
marketing period as required by the Relocation Agreement and given the opportunity to
RAAOVE28 -2- 04109/98 12:14 PM
REQUEST FOR AU NCI LIRE DEVELOPMENT IRENCY ACTION
MEETING DATE: April 20, 1998
DEPARTMENT ID NUMBER: ED 98-12
purchase the home as required by the relocation agreement. The Agency did not exercise its
purchase option.
Lease Agreement
If the Agency chooses to let the sale to a third party conclude, then a lease will be needed for
the new tenant. The attached lease (Attachment No. 1) will be between the City and the third
party because the City owns and manages the park (through the Real Estate Services
Division of Administrative Services). The City has the right to approve the purchaser and
may only reject a purchaser if they lack the financial ability to pay, or demonstrate the
potential to violate the rules and regulations of the park based on past tenancies elsewhere.
The information needed to make this decision was requested, Mr. and Mrs. Sanchez are
acceptable tenants, and the lease agreement was offered for their signatures and returned
for Council approval.
The terms of the proposed lease are as follows: $495 per month for the first 12 months;
$545 per month for the second 12 months; and $595 per month for the third 12 month term.
The rent will increase thereafter by 7% annually, or by the percentage increase in the CPI,
whichever is greater. If approved, this lease would be the fourth of its kind offered to a
prospective OVE resident that was not relocated from the Driftwood Mobile Home Park. The
proposed terms of the lease are a result of good faith negotiations between the parties.
Environmental Status: NIA
Attachment(s):
City Clerk's
Page Number No. Description
1. Lease Agreement
2. Purchase and Escrow Information
GAB: ext. 8831
RAAOVE28 -3- 04/09198 12:14 PM
LEASE AGREEMENT
ATTACHMEN
T # 1
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND
ARTURO SANCHEZ AND ADALGISA A. SANCHEZ FOR OCCUPANCY
OF SPACE IN OCEAN VIEW ESTATES MOBILEHOME PARK
TABLE OF CONTENTS
Section Page
1. PARTIES 1
2. DENUSED PREMISES 1
3. TERM 1
4. RENT 1
5. SECURITY DEPOSIT 3
6. STORAGE LIEN 3
7. UNPAID RENT DUE 3
8. PERMISSIBLE USE OF LOT 3
9. MANAGEMENT OF PARK 4
10. COMMON AREA FACILITIES 4
11. LOT MAINTENANCE 4
12. LANDSCAPING 5
13. PATIO FURNITURE 5
14. PETS 6
15. PEACE AND QUIET 6
16. VEHICLE CONTROL 6
17. ACCESSORY EQUIPMENT 6
18. GARBAGE AND TRASH DISPOSAL 7
19, INSPECTION 7
20. SUBLETTING MOBILEHOMES 7
21. WRITTEN APPROVAL 7
22. COMPLAINTS 7
23. WAVIER OF LIABILITY 7
24. WAIVER OF DEFAULT 8
25. CALIFORNIA CIVIL CODE 8
26. UTILITIES AND OTHER CHARGES 8
27. POSSESSORY TAXES 8
28. TERMNATION BY LESSEE 8
29. GROUNDS FOR TERMINATION BY MANAGEMENT 9
30. NOTICE OF TERMINATION 10
31. SURRENDER AND REMOVAL OF MOBILEHOME 10
32. INDEMNIFICATION 10
33. MANAGEMENT'S RIGHT OF ENTRY 11
34. LESSOR'S RIGHT UPON BREACH 11
35, RECEIPT OF PARK RULES 11
36. LESSEE'S SALE OF MOBILEHOME DURING 12
37. LESSEE'S NOTICE OF INTENT TO VACATE 12
38. ASSIGNABILITY 13
39. GOVERNING LAW 13
40. CAPTIONS 13
41. EXECUTION AND ACKNOWLEDGMENT 13
42. INSURANCE HAZARDS 13
43. WASTE OR NUISANCE 14
44, COMPLIANCE WITH LAW 14
45. BINDING ON HEIRS 14
46. PARTIAL INVALIDITY 14
47. ATTORNEY FEES 14
jmpWcsikos/4/3/98
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND
ARTURO SANCHEZ AND ADALGISA A. SANCHEZ FOR OCCUPANCY
OF SPACE IN OCEAN VIEW ESTATES MOBILEHOME PARK
1. PARTIES: This Occupancy Agreement is made and executed this
_ad h day of 19-YL by and between the City of
Huntington Beach, a municipal corporation (herein called"LESSOR") and Paul and Eugenia
Csikos (hereinafter called "LESSEE").
2. DEMISED PREMISES: LESSOR hereby rents to LESSEE, and LESSEE
hereby rents from LESSOR, that certain Lot known as Space No. 28 situated in Ocean View
Estates Mobilehome Park, 7051 Ellis Avenue, Huntington Beach, California.
3. TERM- This lease is for a term of twelve(12) months commencing on
4. RENT: LESSEE agrees to pay LESSOR rent for the demised premises,
without deduction, according to the following Rent Schedule:
(A) $495 per month for the first term of 12 months commencing
�Pi�IL ,2dlq9f ; $545 per month for the second term of 12 months and $595 for the third
term of 12 months, and thereafter a minimum increase of 7% per year, or that percentage increase
for the previous year as set forth by the Pacific Cities and U.S. City Average All Urban
Consumers Price Index or whichever such indicator is commonly in use at the time, whichever is
greater, said percentage increase to be calculated on the previous year's base rental amount. 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 LESSOR 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,
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Huntington Beach, California 92648. Should LESSEE issue a check or other instrument to
LESSOR which is not supported by sufficient funds or is valueless, then LESSOR may require
that payment be made in cash, in which case the LESSEE 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 LESSEE. Failure to pay new rental amount when due shall
constitute a default of this agreement, and subject LESSEE 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 LESSEE'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 LESSEE. 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. SECURITY DEPOSIT: At the time LESSEE executes this Lease and prior
04
to beginning occupancy in the Park, LESSEE shall deposit with LESSOR, the sum of S mo '
to be held by Management as security for the faithful performance of this Lease by LESSEE.
Management shall not pay LESSEE any interest on the deposit during the time it is held by
Management.- LESSEE may submit a written request by Management for a refund of this deposit
after either. (1) a period of twelve(12) consecutive months has elapsed from the commencement
of this Lease, during which time LESSEE has paid, within five (5) days of applicable due dates, all
rent utilities, and service charges due under this Lease; or (2)LESSEE has sold his/her
mobilehome. Following its receipt of the written request under the first circumstances described
above, Management shall refund to LESSEE the full amount of the security deposit. On receipt
of a written request following the sale of LESSEE's mobilehome, Management shall refund to
jmp/k/csikos/4/3/98
2
LESSEE the full amount of the security deposit, less any amounts owing to Management by
LESSEE for rent, utilities, or other charges due under this Lease but unpaid by LESSEE at the
time LESSEE vacates the Park.
G. STORAGE LIEN: LESSEE 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,
LESSOR has a lien on the mobilehome placed on Space No. 28. The lien rights granted LESSOR
include, but are not limited to, those granted by Section 1174 of the California Code of Civil
Procedure and Sections 1980-1991 of the California Civil Code.
7. UNPAID RENT DUE: LESSEE hereby agrees that LESSOR may recover
any unpaid rent and charges due prior to the sale of the mobilehome.
8. PERMISSIBLE USE OF LOT: The lot shall be used for a mobilehome,
approved by LESSOR, to be used as LESSEE's personal and actual residence only for the person
or persons named in this Agreement as LESSEE, or others authorized by California Civil Code
§§798.34 and 798.35.
9. MANAGEMENT OF PARK: LESSOR 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.
10. COMMON AREA FACILITIES: The Park contains the following common
area facilities: CIubhouse and paved streets throughout Park. During the term of this Lease,
LESSEE shall have the right to use these facilities in common with other tenants and
Management, with the exception of Park Management's office which is reserved exclusively for
use by Management. Management, at the Park's expense, shall provide and maintain all physical
improvements in the common facilities in good working order and condition. With regard to a
sudden or unforeseeable breakdown or deterioration of these improvements, management shall
have a reasonable period of time to repair the sudden or unforeseeable breakdown or
jmpWcsikoa/4/3!98
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deterioration and bring the improvements into good working order and condition after
Management knows or should have known of the breakdown or deterioration. For purposes of
the above, a reasonable period of time to repair a sudden or unforeseeable breakdown or
deterioration shall be as soon as possible in situations affecting a health or safety condition, and
shall not exceed 30 days in any other case except when exigent circumstances justify a delay.
11. LOT MAINTENANCE: LESSEE shall at all times maintain LESSEE's
mobilehome and the homesite in a clean and sanitary condition, and shall cause all rubbish and
other debris to be removed from LESSEE's mobilehome and the homesite on a regular basis.
Landscaping on the homesite shall be watered and maintained by LESSEE, at LESSEE's expense.
In addition, LESSEE shall comply with all park rules and regulations (described herein) pertaining
to the maintenance of the homesite by LESSEE.
If LESSEE fails to maintain the homesite in accordance with this paragraph and
with applicable Park rules and regulations, Management shall have the right to perform or cause
the performance of the necessary maintenance and to charge LESSEE a reasonable fee for
services performed. Prior to exercising this right, Management first shall give LESSEE written
notice that states the specific condition to be corrected and an estimate of the charges that will be
imposed if Management corrects or causes the correction of the condition. If LESSEE fails to
correct the condition within fourteen (14) days, Management shall have the right to cause the
condition to be corrected and to impose a reasonable fee on LESSEE for the services performed.
12. LANDSCAPING:
(A) All LESSEE are required to landscape their Lot in a clean, attractive and
well kept fashion. LESSOR 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. LESSEE must check with LESSOR's Park Manager before digging or
driving rods or stakes in the ground, as they might damage underground wiring, utility wire or
plumbing. LESSEE shall bear the cost of repairs to any utilities damaged by LESSEE.
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(B) All landscaping improvements shall at once become a part of the realty and
belong to LESSOR and shall remain upon and be surrendered with the Lot, provided that at
LESSOR's option, LESSEE, at his expense when surrendering the Lot, shall remove all such
landscaping planted by LESSEE, and LESSEE shall repair any damage to the premises caused by
such removal.
13. PATIO FURNITURE: LESSOR expressly prohibits the use of any furniture
on the patio, porch or yard unless it is outdoor patio furniture approved by LESSOR's Park
Manager. No overstuffed furniture, ironing boards, brooms, mops, or other household
equipment, are allowed to be stored outside the mobilehome.
14. PETS:
(A) Pets, only under 25 pounds in weight, are permitted to be kept in the Park
only upon written permission by LESSOR.
(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.
LESSOR 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.
15. PEACE AND QUIET:
(A) LESSEE are entitled to the peaceful enjoyment of their Lot and all park
facilities. Radios, televisions, record players, electronic sound systems, musical instruments or
any other noise that may cause annoyance to LESSEE must, therefore, be kept reasonably low,
especially after 10.00 P.M. No radio transmitters are allowed in the Park. Evidence of
unreasonably loud noise may be shown through statements of at least two other residents of the
park.
(B) Loud parties, intoxication, fighting, immoral conduct or children without
the supervision of an adult, are prohibited.
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16. VEHICLE CONTROL:
(A) For the safety of the Park LESSEE and their guests, LESSOR has
established and posted a speed limit in the Park, and all LESSEE must cooperate in its
enforcement.
(B) LESSEE may park passenger vehicles only on the Lot driveway or other
designated areas. Neither LESSEE nor their visitors may park any vehicle on another LESSEE's
lot or vacant lot without the express permission of that LESSEE or LESSOR'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 LESSOR.
17. ACCESSORY EQUIPMENT AND STRUCTURES: Approval of LESSOR
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 LESSOR's Park Manager.
18. 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.
19. INSPECTION: LESSEE 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.
jmp/k/csikos/413/96
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20. SUBLETTING MOBILEHOMES: Subletting of mobilehomes is
expressly prohibited hereunder without the written consent from Management. LESSEE will be
granted permission only as allowed by Municipal Ordinance No. 3277, effective May 18, 1995,
allowing mobilehome owners to sublet for no more than twelve months during a two year period
for the following reasons: illness, death, or other personal hardship.
21. WRITTEN APPROVAL: References to approval, permission, or
authorization of LESSOR shall require LESSOR to be reasonable in exercising its action and shall
be construed as reasonable written approval prior to taking action.
22. COMPLAINTS. All LESSEE complaints, except emergencies, must be
presented to LESSOR's Park manager in writing during office hours.
23. WAIVER OF LIABILITY: LESSEE, as a material part of the
consideration under the Rental Agreement, hereby waives all claims against LESSOR for damages
to furniture, equipment, records, goods, wares or merchandise in, upon or about the LESSEE's
mobilehome, from any cause arising at any time, other than the negligence of LESSOR's
employees. LESSEE does hereby agree to indemnify and hold LESSOR 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 LESSEE, or arising from
the failure of LESSEE to keep the mobilehome and the Lot in good condition, as herein provided,
or arising from the negligence of LESSEE, his family or guests. LESSOR shall not be liable to
LESSEE 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. LESSEE agrees to pay for all
damage to the Park and Lot, as well as all damages to other LESSEE, their guests and families
thereof caused by the LESSEE's or his guest's negligence or misuse of the Park.
24. WAIVER OF DEFAULT: No waiver by LESSOR of its right to enforce any
provision hereof after any default on the part of LESSEE, shall be deemed a waiver of LESSOR's
right to enforce each and all of the provisions hereof upon any further or other default on the part
jmp/k/csikoe4/3/98
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of the LESSEE. 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.
25. CALIFORNIA CIVIL CODE REQUIREMENTS: California Civil Code
Chapter 2.5 entitled Mobile Home Residency Law is attached hereto as Exhibit "B" pursuant to
California Civil Code Section 798.15.
26. UTILITIES AND OTHER CHARGES: LESSOR does not provide any utility
service. LESSEE shall pay for gas, electricity, water and such other utilities as may be provided.
LESSEE shall secure and pay a fee for a storage permit from LESSOR for any recreational
vehicles, e.g., boats, trailers, motorhomes, etc.
27. POSSESSORY TAXES: Possessory Taxes are not included as part of this
rental agreement and LESSEE shall pay such tax directly to the County of Orange, as assessed.
28. TERMINATION BY LESSEE: LESSEE 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 LESSOR can only terminate this Rental
Agreement pursuant to the rights granted it by law, the provisions of paragraph a, and the
Driftwood Acquisition and Relocation Agreement.
29. GROUNDS FOR TERMINATION BY MANAGEMENT: LESSEE's
tenancy in the Park may be terminated by Management for any of the following reasons:
A. Failure of LESSEE or other resident of LESSEE's mobilehome to comply
with a local ordinance or a state law or regulation relating to mobilehomes within a reasonable
time after LESSEE's receipt of notice of noncompliance from the appropriate governmental
agency.
jmp.'k/esikos/413/99
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B. Conduct of LESSEE or other resident of LESSEE's mobilehome that
constitutes a substantial annoyance to other homeowners or residents.
C. Conviction of LESSEE's or other resident of LESSEE's mobilehome for
prostitution or a felony controlled substance offense if the act resulting in the conviction was
committed within LESSEE's mobilehome or anywhere else on the premises of the Park; provided,
however, that LESSEE'S tenancy will not be terminated if the person convicted of the offense was
a resident (other than LESSEE) of LESSEE's mobilehome, and permanently vacates and does not
subsequently reoccupy LESSEE's mobilehome.
D. Failure of LESSEE to comply with the Park rules and regulations, as they
may be amended from time to time. Any act or omission of LESSEE or resident of LESSEE's
mobilehome shall not constitute a failure to comply with Park rules and regulations until
Management has first given LESSEE written notice of the alleged rule or regulation violation and
LESSEE or resident has failed to adhere to the rule or regulation within seven days.
Notwithstanding the above, if LESSEE has been given written notice of an alleged violation of
the same rule or regulation on three or more occasions within a 12-month period after the first
alleged violation, Management need not give a written notice for a subsequent violation of the
same rule or regulation.
E. Nonpayment of rent, utility charges, or reasonable incidental service
charges, if(i) the amount due has been unpaid for a period of at least five days from its due date
(excluding the date the payment is due), and (ii) the amount remains unpaid for an additional
period of three days, beginning on the date Management gives LESSEE a written three-day notice
to pay the amount due or to vacate the tenancy. In the event LESSEE does not pay the amount
due prior to the expiration of the foregoing three-day notice period, LESSEE shall be liable for all
payments due up until the time the tenancy is vacated. The legal owner, registered owner(if
different than LESSEE), or any junior lienholder of LESSEE's mobilehome shall have any right
granted by then prevailing law to cure a monetary default by LESSEE under this lease. If a
LESSEE has been given a three-day notice to pay or vacate on three or more occasions within the
preceding 12-month period, Management shall not be required to give LESSEE a three-day
notice for any subsequent nonpayment of rent, utility charges, or reasonable incidental service
charges.
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30. NOTICE OF TERMINATION: Management may terminate LESSEE's
tenancy in the Park only by giving LESSEE written notice of the termination at least sixty (60)
days (or any other period required under then applicable law) prior to the date LESSEE is
required to vacate the Park. Any notice of termination shall state the specific facts and reasons or
reasons for termination, and shall be served on LESSEE as required by the law then in effect.
311. SURRENDER AND REMOVAL OF MOBILEHOME: On the
expiration or sooner termination of this Lease, LESSEE shall, at LESSEE's sole expense,
surrender the lot and cause LESSEE's mobilehome to be moved form the lot and the Park, unless
LESSEE has validly assigned this Lease to a purchasing third party as provided in Paragraph 39
of this Lease. All personal property or appurtenances owned by LESSEE and located on the
homesite shall also be promptly removed. The homesite shall be cleared of all debris and left in a
clean condition.
32. INDEMNIFICATION: LESSEE covenants to indemnify and hold and save
LESSOR 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 LESSEE, his agents, employees, licensees and/or invitees,
including without limitation, injury or death of LESSEE, his agents, employees, licensees and
invitees and damage to their property or LESSEE'S property; any concurrent negligence or
willful misconduct of LESSOR shall in no way diminish LESSEE'S obligations hereunder.
33. MANAGEMENT'S RIGHT OF ENTRY: Management shall not enter
LESSEE's mobilehome without LESSEE's prior written consent, except in the case of an
emergency or if LESSEE has abandoned LESSEE's mobilehome. Management may enter on the
homesite for any of the following purposes; to perform any act necessary to protect the Park; to
maintain any utilities located on the homesite; or to perform any maintenance LESSEE is required
under this Lease or the Park rules and regulations to perform but has failed to perform. Except in
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the case of an emergency, Management's entry on the homesite shall be conducted in a manner
and at a time that do not substantially interfere with LESSEE's quiet enjoyment of the homesite.
34. LESSOR'S RIGHT UPON LESSEE'S BREACH: LESSOR may elect to
terminate this Rental Agreement for any event of default or breach hereof or of the Park Rules
and Regulations. Should LESSOR elect to terminate it may recover from LESSEE all damages
incurred by LESSOR 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 LESSEE proves could be reasonably avoided, for the remainder of the
term of this Rental Agreement. The remedies of LESSOR specified herein are in addition to and
cumulative of any remedies provided LESSOR by statute, including the remedies provided in the
California Civil Code.
35. RECEIPT OF PARK RULES AND REGULATIONS AND APPLICABLE
LAW: LESSEE hereby acknowledges receipt of the Mobilehome Park Rules and
Regulations, attached hereto as Exhibit"A," adopted for the benefit and protection of all tenants,
guests and visitors, California Civil Code provisions and LESSEE 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 LESSOR and implemented
in compliance with State law. LESSEE 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.
36. LESSEE'S SALE OF MOBILEHOME DURING TERM OF LEASE: If
LESSEE intends to sell his/her mobilehome, LESSEE shall notify Management in writing of the
proposed sale as soon as possible, but in no event later than the close of escrow for the sale. The
notice shall contain the name and address of the proposed purchaser, the name of the escrow
company handling the sale, and the date escrow is scheduled to close. If the proposed purchaser
jmp/kltsikos/4/3/9 B
11
intends to keep LESSEE's mobilehome in the Park after purchasing it, Management shall have the
right to approve the prospective purchaser. On request of the prospective purchaser,
Management shall inform the purchaser of all information that must be submitted to Management
to enable it to approve or disapprove the purchaser. Management may require the prospective
purchaser to pay a fee for the procurement of a financial report or credit rating and to submit to a
personal interview with Management. Within 15 business days of receiving all required
information from the prospective purchaser, Management shall notify LESSEE and the
prospective purchaser in writing of Management's acceptance or rejection of the proposed
purchaser. If the proposed purchaser is rejected, Management shall set forth in writing the reason
or reasons for rejection.
If LESSEE sells his/her mobilehome to a third party during the term of this Lease,
Management may, under circumstances permitted by law, be able to require that LESSEE's
mobilehome be removed from the Park in order to upgrade the quality of the Park.
37. LESSEE'S NOTICE OF INTENT TO VACATE: LESSEE shall give
the Park at least sixty (60) days advance written notice of his/her intent to vacate the Park and to
terminate his/her tenancy under this Lease. If Homeowner vacates the Park for any reason (other
than following the sale of LESSEE's mobilehome to a third party who is approved by
Management for tenancy in the Park pursuant to this Lease), LESSEE shall cause LESSEE's
mobilehome to be removed form the Park on or before the date LESSEE vacates the Park in
compliance with this Lease.
38. ASSIGNABILITY: All rights and obligations contained in this agreement may
be assigned to a third party purchaser of LESSEE's mobilehome who has been previously
approved by Management for tenancy in the Park pursuant to California Civil Code Section
798.74. provided that such assignment of this agreement has been agreed to in writing by the
Management. In the event of a valid assignment, assignee shall have the same rights and duties as
LESSEE.
}mp/k1csik09/4/3M
12
39. GOVERNING LAW: This Rental Agreement shall be governed by and
construed pursuant to the laws of the State of California.
40. 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.
41. EXECUTION AND ACKNOWLEDGMENT: LESSEE acknowledges
having read the Rental Agreement and agrees to be bound by all of the terms and conditions
herein contained.
42, INSURANCE HAZARDS. LESSEE 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. LESSEE shall, at
his/her own cost and expense, comply with any and all requirements of LESSOR'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.
43. WASTE OR NUISANCE. LESSEE shall not commit or permit the
commission by others of any waste on said Premises; LESSEE 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 LESSEE shall not use or permit the use of said
Premises for any unlawful purpose.
44. COMPLIANCE WITH LAW. LESSEE shall at LESSEE'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 LESSEE'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
jmp/k/csikos/4/3/98
13
LESSEE in a proceeding brought against LESSEE by any government entity, that LESSEE has
violated any such statute, ordinance, regulation, or requirement shall be conclusive as between
LESSOR and LESSEE and shall be ground for termination of this lease by LESSOR.
45. 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.
46. 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.
47. ATTORNEY FEES: In the event suit is brought by either party to enforce
the terms and provisions of this Lease, each party shall bear its own attorneys' fees and costs.
REST OF PAGE NOT USED
jmpWcsikos1413M
14
0 0
48. 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.
SEE: LESSOR:
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
Arturo Sanchez California
algisa A. Sanchez Mayor
ATTEST:
REVIEWED AND APPROVED: 0
City Clerk
C' Administrator APPROVED AS TO FORM:
ity Attorney
E VED:
puty Cit ` inis rator/Di ctor of
Administrative ervices
jmpWcsikosl4/3M
15
PURCHASE & ESCROW INFORMATION
ATTACHME.NT :#2 ,
7812 Edinger Avenue • Suite 300 • Huntington Beach, CA 92647
(714) 847-4747 • FAX (714) 848-9174
ESCROW COMPANY -
DATE: Of
TO: 4/)/ol-fj/xj
RE: r-W �,� l�11l1?
FROM:
NUMBER OF PAGES: _^ —
(EXCLUDING TRANSMITTAL SHEET)
COMMENTS:
1U�T (7
MANUFACTURED HOW (MORILEHOME)SELLF DYER
DEI*T ESCROW INSTRUCTIONS(RESA1W
TO: EXPn-SS ESCROW COMPANY(Dept.of Corporntlons License 0963-6568) Escrow No. 2-19360-CM
78 12 Edinger Avenuc•Suite 300
liunlington Beach,California 92647 Date 02/02/98
(714)9474747• FAX(714)849-9174
THE UNDERSIGNED Wii.L HEREBY DELIVER TO YOU, IN ESCROW, THE ITEMS DESCRIBED BELOW AND
INSTRUCTS YOU TO HOLD AND DISBURSE PIR'>;SIIANT TO INSTRUCTIONS 99T F'ORTII HERRIN.-
A. Escrow to close on of before FatlrUory 2Z. 1998 or as soon as possible thereafter.
B. The Sellerunderthcstlnstructionsis M1AF"RITE S- JORDON ukd K4RY E. KARTIN-Y
o eseinaftar-w4v").
C. The Btryerundertheteinstructionsis /Wf" AEI and ADALGISA A. tEZ
(hereinsller'Bttyv').
D. The following will be deposited with Escrow Agent:
1.Paid outside of escrow . . . .... .... .......... ... ........ .............. S
2.Cash.deposited herewith ... ............ $
3.Cash,m be 4ep wtd prior to the close of escrow .... .. . ........ .. ... . ...... S 1S.000,00 •••
4. Loan of record ..... ... ... .. ......... ... ......................... S
S.Other.
6.Total Conskknuion........ . . .. .... ....... . ... .. .... s t
""'Plus sufficient funds to cover closing costs.
E. The above refenneod rums represent payment toward that certain manufactured home described u:
Manufacturer's Norm and/or Model SKYLINE HOME Yew_tom_
Sitx(length A width) .. 52 % 24 - .D.Q.H. Nsignis or Fedcrai Labeltl r 21
Serialp Location 7051 ECOr. AVENuE, MACE 28
KiNTINGTON BEACH, CA-92648
F. Escrow Agent is Eby authorised and instructed in create a Moratorium on the Title Rtcw&of the Deptutment of Housing and
Community Development(hereinafter H.C.D.),or if applicable,obtain it K.S.R.Title Report ftm H.C.D. Escrow Agent is relleved
of all resixmibility srrdror liability whatsoever for any liens not of record with H.C.D. prior to close of escrow.
G. When the manufactured home is located in a mobilchome park at time of salt and is to remain In the mobilehomc park,one of she
following shall be delivered into escrow: Either I)a copy Ora fully crecuted rental agreement,or 2)a declaration signed by park
management Ind the prospective homeowner(as defined in sect m 79E.9 of the Civil Code)that tits parries have agmtd to the trams
and conditions of s rental agreement. by accepting either a copy of the rental agreement or a declaration acknowledging the acme,
escrow is not undertaking to review same with respect to legal sufficiency,enfomenhility,or otherwise,and the parties to this escrow
hereby fully and completely indemnify and release Futow Agent wish regard to any claims predicated upon the content,legality,
or enfott eability of the rental areement. The parties to this escrow warmt and mprtsettt io Escrow Agent that any such rental
agreement deposited Into escrow,in fart,a rtnial agreement by and between park and tenant,fully and cornplelely executed by all
necessary parties affecting the space where the manufactured home is located, and that same discharges uty and all of escrow's
mptmsiWlities to receive into escrow a fully eaetuttd copy of a rental agreement or&Clarasion thereof.
H. When ail documents,and cash required under these instructions have been deposited into escrow,escrow is suthwizrd and instructed
to close this escrow,pay all liens of record with H.C.D., if sWicable,and disburse funds.
1. Fscraw is hereby authorised to comply with any condition or requirement of a lender as a condition of utilizing lender's funds.
J. Escrow agent is entitled to and may retain from escrow proceeds its reasonable fccs and coats fat services renderid.
K. Escrow Agent may prepare for Iluyer's and Seller's cxccution a power of attorney for the subject manufactured home appointing
EXPRESS ESCROW COMPANY as their aitotney in fact for the purpose of transferting ownership tmd paying fees required to
H.C.D.
THE PARTIES AM14OWLEDGE TMAT THEV HAVE READ,VNfDEitSTOOD AND AGREED TO THE TEWK.%PROVMO14S
AND CON 01[TIONC CONTAINED AOOVE AND ACKNOWLEDOR RECEIPT OF A SIGNED COPY OF THIS DOCUMENT.
SELLEFk BUYER
MAfa(aJERIT£ S. JORCON ARtIM SANCHEZ
htAf;!Y E. MARTIN ADALG I SA A.
ST1tEET � EEl' --- -
ADIW SS rzt. s+Ct.1A 1nAYEl15iL Q� _ 24--NO CIRCLE
CITY,STATE, lull
& 71P CODE_ _ (rPO4A QEL #.AR CA 92t12 P ON BEACH, 92fi46
TELEPHONE NO. _-�-_-.� � TV[-F'fl0N1i NO.
���-1t4A=r Cvp):i�h;t:FCr[SL tv1Pw C.v:gyp*�Y ty[v,SBh1
t
MANUFACTtiIREDHOME (MOB1LEHOME) SELLS UYER
• tr DEPCW ESCROW INSTRUCTIONS (RESAL
Escrow No. 19360-i]M
Date 02/02/98
L. Ewrow Ajcnt may prepare a Certificate of Retail Value for Buyer's esecuiion and deposit into escrow prior to close of escrow•
pursuant to lauri*t and Selter's mutual agteetneru. Buyer wit;lkTosit the amount required by H.C.D.for use sax. Buyer
acknowledges that the State Bard of Equalisation may nudit the sale and in such even!Buyer may be required to pay the Sales
Tax di(Trmuial of the consideration shown herein plus interest acal penalties. if there funds arc required by du State Ileant
or Equal€ration. Buyer with pay Said fees direct and Escrow Agent is not to be further concerned and is relieved of any liability
cancerning these additional fees.
M. Escrow Agent is hereby authorised attd instructed by the parties herein to tnserl the date of close of escrow on the face of the
foregoing Certificate of Retail Value over the signature of Buyer at close of escrow.
N. Buyer and Seller hereby instruct Escrow Agem to deliver all documerus and morales deposited Into Ibis escrow necessary to
transfer ownership as called for in shoe insinx4101111,pay littnse renewal fres plus penalties,if any,cold transfer fees to H.C.11.
0. It is hereby understood that Buyer shall be responsible for wouring fire insurance on subject manufactured home in an amuu..i
and with a company satisfactory,to tender;said Insurance to be obtained outside of etc"and Eurow Agent is toot to be furtlwr
c000emed therewith.
P. Escrow Agent is authorized to snake the following pruni0ons as of CLOSE OF ESCROW
k )Space Rent, ( }Litense Pees: k)Local Property Tw(Space pent to be based on S 352.M per morith)
Q. 1f the condisions of this t:Scraw have not been"tied with prior to the time staled in'A"above,or any extension thereof,you
rite nevertheless to complete the escrow as soon as the corMitions,except as to time,have been complied with unless written
demand theft have been made upon You not to aomptew U.
A. In the event of a delay in the tilling process, for whatever reason, Buyer agrees to provide Escrow Agent with a new Tax
Clearance Certificate (if applicable) if orate is required by H.C.R.
S. Upon close of escrow.Seller agrees to release oil righil,title and interest in the manufmnred home.
T. Additional instructions: The sale of subject mobile horns is subject to the space
rent of $352.00 per month. In the event said rent i9 increased to $495.00. the sales
price of said mobile home to be adjusted to $10.000.00,
Buyer is aware that subject mobile home is on Local Property Tax rather then on -In
Lieu Tax",
Escrow Holder 1s hereby authorized and instructed to order a Conditional Tax Clearance
Certificate from the County Tax Collector and to charge Seller for same_
Buyer and Seller each agree to pay one-ttallf escrow fee. Evcrcw balder is hereby
authorized and instructed to charge accordingly,
, I
5
�p
71 rE PARTI ES ACKNOWLEDC I IIATT1fl;Y RAVE PEA D.UNDERSTOOD AND A CREED TO THE TERMS,PR O V ISIONS
A.N'D CONDMO.PYS COh'rAh1 M AIiOVFA,WD ON TFfI_.R 1tF.RSg ,SSE Iff QF AND ACIGalOL47_Eh�GI RECEIPT OF A
91c!4LD COPY Or TMS DOCITNfF%-r.
SELLER'S INMALS _ - BUYER'S 1M!7lALS
PAGE 7.OF;
N�N•1_�I� �CeT;.rFCe]stpait l.t-nw C .-�...,•Rom,-,r;,a1
EXPRESS
7812 Edinger Avenue • Suite 300 • Huntington Beach, CA 92647
(714) 847-4747 0 FAX (714) 848-9174
ESCROW COMPANY Escrow No. : 2-19380-DM
April 09, 1998
TO: EXPRESS ESCROW CO.
Property Address: 7051 ELLIS AVENUE, SPACE 28, HUNTINGTON BEACH, CA 92648
ADDITION AND/OR AMENDMENT TO ESCROW INSTRUCTIONS
The instructions in the above-numbered escrow are hereby modified, amended and/or
supplemented in the following particulars only:
All parties acknowledge that the purchase price of subject mobile home shall be
$10,000.00.
Buyer shall pay space rent in the amount of $495.00 after the close of escrow.
All other terms and conditions remain the same.
END OF b ENT
BU R:
AR SANCHEZ VISA . SANCHEZ
SELLER:
MARGUERITE S. JORDAN MARY E. MARTIN
EACH OF THE ABOVE SIGNED STATES HE HAS READ THE FOREGOING INSTRUCTIONS AND UNDERSTANDS
AND AGREES TO THEM.
E P�R�E
ANC��PRE�� Cpp`l
oF� RpW P �
�XP ss E
8
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EtCe Notes
. of the City i i
Huntington j • / CaCifornia
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P.O.Box 190-2000 Main Street
Huntington Beach,California 92648
HUNTINGTON BEACH
r
�J
From the desk of. Connie Brockway, CMC t;"
City Clerk r
Telephone: (714) 536-5404 �� o
Fax: (714) 374-1557 .
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. D4%2�/48 10 : 06 M A T E6 I A L R E Q U I S I T I•N F 0 R M
REQ NBR 40018 ACCOUNT E-TW-ED-801-6-10-00
APPROVALS
�F ;ted by ECONOMIC DEVELOPM Accounting
approved by Info System
For additional, information call CAROLYN BUTLER Real Property
Phone 536-5582 Administration
DATE 04/22/199B VENDOR # 664309436 REQUIRED 00/00/2000 Contact
20 # INVOICE NBR Phone Number
1�
3UGGESTED VENDOR: SHIP TO: �
EXPRESS ESCROW _
7812 EDINGER AVE ##300 � � , kD
HUNTINGTON BEACH CA 92647-0000
.OB? Delivery days Confirm? Freight? Terms
QNTY UNIT DESCRIPTION UNIT PRICE UNIT TOTAL
1 EA REDEVELOPMENT AGENCY GAP PAYMENT 45745 .88
FOR TRANSFER OF OWNERSHIP, OCEAN VIEW
ESTATES MOBIL HOME UNIT #28
PER APPROVED RCA ED 98-12, COPY
ATTACHED.
Need Check By:
Payee: Fj��OS=0_
Check Amount: S -2 .
Please return to:
Department:
. _...._ __ _ire 'the TAX
.pproval as noted in- the resolution which adopted
he budget . Information Systems approval is re- TOTAL 45745 . 88
uired for all- purchases of Data Processing hard-
,are . Equipment replacement requisitions are to
-e accompanied by equipment report form.
REQ NBR AMOUNT REQ NBR AMOUNT REQ NBR AMOUNT
1 _ 2 3
4 5 6
7