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HomeMy WebLinkAboutOCEAN VIEW ESTATES MOBILE HOME PARK - 1982-10-06REQUE0 FOR CITY COUNCOACTION courtcll. gpV ED By CITE Date �yP May 22, 1986 Submitted to: Honorable Mayor and City Council Members Submitted by: Charles W. Thompson, City Administrator Prepared by: Robert J. Franz, Chief of Administrative Servic Subject: Lease Contract, Rules & Name for New Mobile Home Park Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Statement of Issue: The City, having committed to provide a relocation mobile home park will now need an approved lease and park rules for the tenants and an approved name for the new park. Recommendation: Approve the attached lease and park regulations and the proposed name "Ocean View Estates" for the park. Analysis: The City, in conjunction with its downtown redevelopment project, has agreed to provide a relocation mobile home park for the occupants of the Huntington Shores Mobile Home Park owned by the Huntington Beach Company. The Real Property staff, together with the Attorney's Office has, after researching California law, evolved a lease and set of regulations appropriate to the particular circumstances of our new park. The twelve (12) relocatee tenants will have a life estate at the park. They will have preferential rents in that the $160 they now pay at Huntington Shores will continue initially and represents less than present market rents. The relocatees with assistance of the staff have selected "Ocean View Estates" as the suggested name of the new mobile home park which is located north of Ellis Avenue and east of Golden West Street. Funding Source: Not applicable. Alternative Action: 1. Modify or create new least and rules. 2. Modify or change suggested name of new park. Attachments: Lease agreement and park rules. 2548j &.01 PIO 4/84 'Plaster Cop-3 8 pr+oueD iBi Couhc.6 L RENTAL AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND LESSEE FOR SPACE IN OCEAN VIEW ESTATES 1. PARTIES: This Rental Agreement is made and executed this ,;2_� cL day of /916 , by and between the City of Huntington Beach (hereinafter called Lessor), and (hereinafter called Lessee). 2. DEMISED PREMISES: Lessor hereby leases to Lessee, and Lessee hereby rents from Lessor, that certain Lot known as Space No situated in Ocean View Estates located at 7051 Ellis Avenue, Huntington Beach, California 92648. 3. TERM: The term of this Rental Agreement shall be for the life of named Lessees, or for the life of the last surviving named Lessee set forth herein, and shall end upon the death or vacation of the premises by the last surviving named Lessee. 4. RENT: Lessee agrees to pay Lessor rent for the demised premises, without deduction, according to the following Rent Schedule: YEAR RENT 1 t160 per month 2 175 3 190 4 205 5 220 6 235 7, and thereafter, a minimum increase of 7% per year, or that percentage for the previous year as set forth by the Long Beach -Anaheim CPI (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. (1) L� 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 days after Lessor renders statements of account therefore. All monies payable hereunder shall be paid by check or money order at the office of the City Treasurer. Under certain circumstances, 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 by management at the beginning of each anniversary year and upon ( ) days notice. Failure to pay new rental amount when due shall terminate tenancy. 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 of $10.00 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. (2) 5. SECURITY DEPOSIT: Lessee has concurrently deposited with Lessor $ (hereinafter called "Deposit"), receipt of which is acknowledged by Lessor, as security for the full and faithful performance of each term, covenant and condition of this Rental Agreement, including without limitation, the payment of rent, repair or damages to premises, and surrender of the premises in clean condition. Lessee further agrees that if the payment of any rent in default or for any other sum for which Lessor may spend or be required to spend by reason of Lessee's default pursuant to the provisions of Section 1950.5 of the California Civil Code. Should Lessor be required to so use or apply the Deposit upon Lessee's default, Lessee shall, on the written demand of Lessor, forthwith remit to Lessor a sufficient amount in cash to restore the Deposit to its original amount, and Lessee's failure to do so within thirty (30) days after receipt of such demand shall constitute a breach of this Rental Agreement. Should Lessee comply with all of the terms, covenants and conditions of this Rental Agreement, including the payment of rent as due, the Deposit or any balance thereof shall be returned to Lessee, without interest, at the end of the term of this Rental Agreement, or upon the earlier termination of this Rental Agreement without Lessee's default. In the event Lessor sells the leased premises, Lessor shall deliver the Deposit to its successor in interest, and shall be discharged from further liability with respect to the Deposit upon notice to the Lessee by registered mail of such transfer and the transferee's name and address. (3) 0 0 6. 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. . 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. PERMISSIBLE USE OF LOT: The lot shall be used for a mobilehome, approved by Lessor, to be used as a residence only for the person or persons named in this Agreement as Lessee(s) and for no other persons. 8. MANAGEMENT OF PARK: Lessor shall be represented on the premises by its Park Manager vested with all the legal right and authority to enforce the Rules and Regulations on behalf of Lessor. His or her decision shall be final and binding upon Lessee. 9. LOT MAINTENANCE: (A) In order to protect our mutual investment, Lessees are required to maintain their Lot and mobilehome in a clean, attractive and well kept fashion. Lessees may have storage cabinets to store furniture, trash cans, etc. If a Lessee has an item that cannot be adequately stored in the storage cabinet, it must be removed from the Park. Additionally, Lessees are expressly prohibited from storing anything, other than wheels 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 (4) • or repairs occasioned by neglect or misuse of the Lot shall be paid by the Lessee. 10. LANDSCAPING: (A) All Lessees are required to landscape their Lot in 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. Lessees 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. (B) Most Lessees will want to get their landscaping in as soon as possible, but for the benefit of those who want to put in their own, and have only a day or two a week to complete it, Lessor has set a time limit of ninety (90) days from the date of moving in the mobilehome. If for any valid reason the Lessee cannot complete the landscaping within said period, he/she must obtain a written extension from Lessor. (C) 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. 11. PATIO FURNITURE: Lessor expressly prohibits the use of any furniture on the patio, porch or yard unless it is outdoor patio (5) furniture approved by Lessor's Park Manager. No overstuffed furniture, ironing boards, brooms, mops, etc., are allowed to be stored outside the mobilehome. 12. PETS: (A) Pets, unless previously owned and written permission given by Lessor, are not permitted to be kept in the Park. (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. 13. PEACE AND QUIET: (A) Lessees are entitled to the peaceful enjoyment of their Lot and all Park facilities. Radios, televisions, record players, musical instruments or any other noise that may cause annoyance to Lessees must, therefore, be kept reasonably low, especially after 10:00 P.M. No radio transmitters are allowed in the Park. (B) Loud parties, intoxication, fighting, immoral conduct or children without the supervision of an adult, all of which might be cause for a complaint, are prohibited. 14. VEHICLE CONTROL: (A) For the safety of the Park Lessees and their guests, Lessor has established and posted a speed limit in the Park, and all Lessees must cooperate in its enforcement. (B) Lessees may park passenger vehicles only on the Lot driveway or other designated areas. Neither Lessees 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 (6) 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 recreation 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 unusable or unsightly vehicles will be allowed in the Park or 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. 15. 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. 16. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and, with other refuse, must be placed in the proper containers provided therefor. Sanitary and health laws must be obeyed at all times. 17. LAUNDRY ROOM: Use of laundry facilities is conditioned upon the rules posted in the laundry room, as they are incorporated herein and made a part of this Rental Agreement. However, these posted regulations may be amended at the discretion of Lessor upon sixty (60) days notice. 18. INSPECTION: Lessee states that he/she has fully and completely examined the premises, the streets, laundry, recreational facilities and all other areas open to their use and found their condition as being safe and acceptable. (7) 19. SUBLETTING AND SALE OF MOBILEHOMES: Subletting or the sale of mobilehomes is expressly prohibited hereunder. 20. WRITTEN APPROVAL: References to approval, permission, or authorization of Lessor shall be construed as written approval prior to taking action. 21. COMPLAINTS: All Lessee complaints, except emergencies, must be presented to Lessor's Park Manager in writing during office hours. 22. 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 -lessees 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 Lessees, their guests and families thereof caused by the Lessees or his guest's negligence or misuse of the Park. 23. WAIVER OF DEFAULT: No waiver by Lessor of its right to enforce any provision hereof after any default on the part of (8) • L' 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 of 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. 24. CALIFORNIA CIVIL CODE REQUIREMENTS: (A) California Civil Code Section 789.9 provides: "The Management of a mobilehome park shall provide tenants with the park rules and regulations and the language of Sections 789.5 to 789.11 inclusive in written form either included within the rules and regulations of the park or in the rental agreement." (B) Pursuant to said Section, Lessor attaches hereto and incorporates by reference the wording of said sections. 25. CONSIDERATION FOR EXECUTION OF LEASE: The consideration of the Rental Agreement shall be the leasing of Space No. and the payment of rent and charges for same, subject to the Rental Agreement terms. Lessor hereby acknowledges the receipt of E9 commencing from Lessee, which covers the period and ending 26. UTILITIES AND OTHER CHARGES: Lessee shall pay for gas, electricity, water and such other utilities as may be provided. A storage charge of $ for in the Park. 27. TERMINATION: 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 (9) 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. 28. INDEMNIFICATION: Lessee covenants to indemnify and hold and save Lessor harmless Lessor, 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 of willful misconduct of Lessor shall in no way diminish Lessee's obligations hereunder. 29. 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 California Civil Code Sections 1951.2 et. seq. (10) 7-1 30. RECEIPT OF PARK RULES AND REGULATIONS AND APPLICABLE LAW: Lessee hereby acknowledges receipt of the Mobile Home Park Rules and Regulations 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, and Lessor may terminate this Rental Agreement for said breach as a default pursuant to the laws of the State of California then in effect. 31. ATTORNEYS' FEES: Should either Lessor or Lessee be required to employ counsel to enforce the terms, conditions and covenants of this Rental Agreement, the prevailing party shall recover all reasonable attorneys' fees incurred therein whether or not court proceedings were commenced. 32. TRANSFER OF LESSOR'S INTEREST: In the event Lessor transfers its reversionary interest in the Park, Lessor shall be automatically relieved of any obligations hereunder accruing after the date of such transfer, provided such obligations are assumed in writing by the transferee. 33. GOVERNING LAW: This Rental Agreement shall be governed by and construed pursuant to the laws of the State of California. 34. ENTIRETY: This Rental Agreement and the documents incorporated herein by paragraph 30 contain the entire agreement between the parties. 17. Mobilehomes and ac�ory structures must be well mai0ned, properly painted, clean and waxed at a Imes. 18. Residents entertaining visitors or guests at the park shall be responsible for their conduct while on the park premises and shall be responsible for any charges incurred by the visitors or guests. 19. All visitors or guests who remain more than three days, or who use community facilities at any time, must be registered with the park management. No overnight parking of recreation vehicles is allowed. 20. A vehicle washing and maintenance area is not provided. These activities are to be performed on the street or lot parking area. 21. No major appliance such as clothes dryers, air conditioning units, space heaters, etc., may be installed in any mobilehome or upon any mobilehome lot without prior written approval of management. 22. Residents shall deposit all garbage and trash in receptacles provided by management. 23. Mobilehomes within the park may not be transferred or sublet. 24. Management may require the removal of any mobilehome that is unoccupied for more than 120 consecutive days without good reason and written approval of the management. 25. The owner reserves the right to amend, revise and add to the park rules and regulations from time to time at his discretion and in accordance with law. The park rules and regulations are incorporated into the lease or rental agreement by reference. Other: Resident's Signatures: Park Name: Manager: Date: Date 1992j/Pg. 2 MOBILEHAhE PARK RULES AND REGULATI� OF HUNTINGTON BEACH 7051 Ellis Avenue, Huntington Beach, California 92648 1. Residents shall maintain their lots in a neat and orderly fashion and care for the landscaping. If the lot is not properly cared for, the park may have work performed and make appropriate charges. 2. No loud talking, radio, television, or other noise between 10:00 p.m. and 9:00 a.m. or disturbing noises at any time or any place. 3. Automobiles shall be parked in designated places and parking of more than two vehicles, (cars, travel trailers, campers, etc.) requires special arrangements with the management. Streets must be kept clear. 4. Children are not permitted in the service rooms or recreation area unless accompanied by an adult. 5. Management is not responsible for any loss due to fire, accident or theft. 6. Speed limit is 10 MPH on the premises. 7. No towels, bathing suits, rugs, wearing apparel or laundry of any description may be hung outside except in designated areas provided for this purpose. Remove clothes from the lines when they are dry. 8. The rental of a mobilehome lot does not include the privilege of using the space for commercial purposes or for negotiation or sale of automobiles, or other merchandise. No "FOR SALE" signs shall be posted. 9. Use of any spray paint guns or equipment within the park must be first approved in writing by the management. 10. Pets are not allowed within the park unless permission in writing is given by management. 11. No furniture permitted on the patio or porch or in the yard except outdoor patio furniture. No overstuffed furniture, ironing boards, brooms, mops, major appliances, etc., allowed outside mobilehome unless in an approved storage cabinet. No storage permitted under a mobilehome. 12. All mobilehome cabanas, porches, skirting, ramadas, awnings, storage cabinets, fences, windbreaks, or other structures must be approved by the management before construction or installation. 13. All public laws or ordinances shall be obeyed and no acts shall be committed which would constitute a violation or place the management in violation of any of these laws or ordinances. 14. If at any time it is necessary to call the Police or any other enforcement agency notify management of such action as soon as possible. 15. Management reserves the right to restrict the use of the common areas or any park facility as to hours, purposes and conduct. Scheduling of events offered for park residents, of any group thereof, must be first approved by management. 16. Mobilehomes must be equipped with skirting within 45 days after installation, and with at least one awning within 60 days thereof. 1992j/Pg. 1 Orake #1 RENTAL AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND LESSEE FOR SPACE IN OCEAN V I EW ESTA T ES 1. PARTIES: This Rental Agreement is made and executed this 2nd �av of June, 1986 by and between e City c,.'_ Huntington Beach (hereinafter called Lessor) , and Everett E. or 'Margery 0. Brake U%ereinafter called Lessee) 2. DEMISED PREMISES: Lessor hereby leases to Lessee, and Lessee_ hereby rents from Lessor, that certain Lot knc n as _Space 01 situated in Ocean View Estates 11. o ca t�=d 7031 Ellis Avenue, Huntington Beach, California 926 �E . 3. TERM: The term of this Rental Agreement she-- 11 ..e for t' e 1.....- t of named Lessees, or for the Iife of "ne last surviv n ^.ammed T 3 e_ Set forth herein., and shall ene uz= the death or va�3 4c . f t_^e premises by the last surviving named Lessee. 4. RENT: Lessee agrees to pay Les cr rent for t:_e `:ei:1' a ^r .=raises, without deduction, according to the fo,_I lowinG Rent schedule: YEAR REiVT ? $160 per mouth 2 175 3 190 4 205 5 220 6 235 7, and thereafter, a minimum increase of 7% per year, or that percentage for the previous year as set forth by the Long Beach -Anaheim CPI (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. (1) RENTAL AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND LESSEE FOR SPACE IN HUNTINGTON BEACH MOBILE HOME PARK 1. PARTIES: This Rental Agreement is made and executed this N? day of �,4 y y�� by and between the City of Huntington Beach (hereinafter called Lessor), and F V F-e_Z TT E o 2 M A /2 (% F-2 � 0. h ,Q_4< 1F _ (hereinafter called Lessee). 2. DEMISED PREMISES: Lessor hereby leases to Lessee, and Lessee hereby rents from Lessor, that certain Lot known as Space No D J situated in Huntington Beach Mobile Home Park located at 7051 Ellis Avenue, Huntington Beach, California 92648. 3. TERM: The term of this Rental Agreement shall be for the life of named Lessees, or for the life of the last surviving named Lessee set forth herein, and shall end upon the death or vacation of the premises by the last surviving named Lessee. 4. RENT: Lessee agrees to pay Lessor rent for the demised premises, without deduction, according to the following Rent Schedule: YEAR RENT 1 $160 per month 2 175 3 190 4 205 5 220 6 235 7, and thereafter, a minimum increase of 7% per year, or that percentage for the previous year as set forth by the Long Beach -Anaheim CPI (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. (1) r Said rent shall be *able monthly in advance,* the first day of each month, plus all other sums, if any, payable hereunder, which additional charges shall be payable within J3 Q days after Lessor renders statements of account therefore. All monies payable hereunder shall be paid by check or money order at the office of the City Treasurer. Under certain circumstances, 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 by management at the beginning of each anniversary year and upon ( CSC 0 ) days notice. Failure to pay new rental amount when due shall terminate tenancy. 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 of $10.00 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. (2) 5. SECURITY DEPOSIT: Lessee has concurrently deposited with Lessor $ b A (hereinafter called "Deposit"), receipt of which is acknowledged by Lessor, as security for the full and faithful performance of each term, covenant and condition of this Rental Agreement, including without limitation, the payment of rent, repair or damages to premises, and surrender of the premises in clean condition. Lessee further agrees that if the payment of any rent in default or for any other sum for which Lessor may spend or be required to spend by reason of Lessee's default pursuant to the provisions of Section 1950.5 of the California Civil Code. Should Lessor be required to so use or apply the Deposit upon Lessee's default, Lessee shall, on the written demand of Lessor, forthwith remit to Lessor a sufficient amount in cash to restore the Deposit to its original amount, and Lessee's failure to do so within thirty (30) days after receipt of such demand shall constitute a breach of this Rental Agreement. Should Lessee comply with all of the terms, covenants and conditions of this Rental Agreement, including the payment of rent as due, the Deposit or any balance thereof shall be returned to Lessee, without interest, at the end of the term of this Rental Agreement, or upon the earlier termination of this Rental Agreement without Lessee's default. In the event Lessor sells the leased premises, Lessor shall deliver the Deposit to its successor in interest, and shall be discharged from further liability with respect to the Deposit upon notice to the Lessee by registered mail of such transfer and the transferee's name and address. (3) 6. STORAGE LIEN: #essee hereby agrees that Re' 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. 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. PERMISSIBLE USE OF LOT: The lot shall be used for a mobilehome, approved by Lessor, to be used as a residence only for the person or persons named in this Agreement as Lessee(s) and for no other persons. 8. MANAGEMENT OF PARK: Lessor shall be represented on the premises by its Park Manager vested with all the legal right and authority to enforce the Rules and Regulations on behalf of Lessor. His or her decision shall be final and binding upon Lessee. 9. LOT MAINTENANCE: (A) In order to protect our mutual investment, Lessees are required to maintain their Lot and mobilehome in a clean, attractive and well kept fashion. Lessees may have storage cabinets to store furniture, trash cans, etc. If a Lessee has an item that cannot be adequately stored in the storage cabinet, it must be removed from the Park. Additionally, Lessees are expressly prohibited from storing anything, other than wheels 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 (4) or repairs occasioned by neglect or misuse of the Lot shall be paid by the Lessee. 10. LANDSCAPING: (A) All Lessees are required to landscape their Lot in 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. Lessees 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. (B) Most Lessees will want to get their landscaping in as soon as possible, but for the benefit of those who want to put in their own, and have only a day or two a week to complete it, Lessor has set a time limit of ninety (90) days from the date of moving in the mobilehome. If for any valid reason the Lessee cannot complete the landscaping within said period, he/she must obtain a written extension from Lessor. (C) 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. 11. PATIO FURNITURE: Lessor expressly prohibits the use of any furniture on the patio, porch or yard unless it is outdoor patio (S) furniture approved by Lessor's Park Manager. No overstuffed furniture, ironing boards, brooms, mops, etc., are allowed to be stored outside the mobilehome. 12. PETS: (A) Pets, unless previously owned and written permission given by Lessor, are not permitted to be kept in the Park. (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. 13. PEACE AND QUIET: (A) Lessees are entitled to the peaceful enjoyment of their Lot and all Park facilities. Radios, televisions, record players, musical instruments or any other noise that may cause annoyance to Lessees must, therefore, be kept reasonably low, especially after 10:00 P.M. No radio transmitters are allowed in the Park. (B) Loud parties, intoxication, fighting, immoral conduct or children without the supervision of an adult, all of which might be cause for a complaint, are prohibited. 14. VEHICLE CONTROL: (A) For the safety of the Park Lessees and their guests, Lessor has established and posted a speed limit in the Park, and all Lessees must cooperate in its enforcement. (B) Lessees may park passenger vehicles only on the Lot driveway or other designated areas. Neither Lessees 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 (6) 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 recreation 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 unusable or unsightly vehicles will be allowed in the Park or 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. 15. 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. 16. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and, with other refuse, must be placed in the proper containers provided therefor. Sanitary and health laws must be obeyed at all times. 17. LAUNDRY ROOM: Use of laundry facilities is conditioned upon the rules posted in the laundry room, as they are incorporated herein and made a part of this Rental Agreement. However, these posted regulations may be amended at the discretion of Lessor upon sixty (60) days notice. 18. INSPECTION: Lessee states that he/she has fully and completely examined the premises, the streets, laundry, recreational facilities and all other areas open to their use and found their condition as being safe and acceptable. (7) 19. SUBLETTING AND SALE OF MOBILEHOMES: Subletting or the sale of mobilehomes is expressly prohibited hereunder. 20. WRITTEN APPROVAL: References to approval, permission, or authorization of Lessor shall be construed as written approval prior to taking action. 21. COMPLAINTS: All Lessee complaints, except emergencies, must be presented to Lessor's Park Manager in writing during office hours. 22. 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 -lessees 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 Lessees, their guests and families thereof caused by the Lessees or his guest's negligence or misuse of the Park. 23. WAIVER OF DEFAULT: No waiver by Lessor of its right to enforce any provision hereof after any default on the part of IQ] 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 of 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. 24. CALIFORNIA CIVIL CODE REQUIREMENTS: (A) California Civil Code Section 789.9 provides: "The Management of a mobilehome park shall provide tenants with the park rules and regulations and the language of Sections 789.5 to 789.11 inclusive in written form either included within the rules and regulations of the park or in the rental agreement." (B) Pursuant to said Section, Lessor attaches hereto and incorporates by reference the wording of said sections. 25. CONSIDERATION FOR EXECUTION OF LEASE: The consideration of the Rental Agreement shall be the leasing of Space No. / and the payment of rent and charges for same, subject to the Rental Agreement terms. Lessor hereby acknowledges the receipt of from Lessee, which covers the period _ 10 commencing - U 0 . 9 �p and ending J V rJ Cf. 26. UTILITIES AND OTHER CHARGES: Lessee shall pay for gas, electricity, water and such other utilities as may be provided. A storage charge of $ N/Q— for ri p 0 W— in the Park. 27. TERMINATION: 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 (9) 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. 28. INDEMNIFICATION: Lessee covenants to indemnify and hold and save Lessor harmless Lessor, 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 of willful misconduct of Lessor shall in no way diminish Lessee's obligations hereunder. 29. 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 California Civil Code Sections 1951.2 et. seq. (10) 0 30. RECEIPT OF PARK RULES AND REGULATIONS AND APPLICABLE LAW: Lessee hereby acknowledges receipt of the Mobile Home Park Rules and Regulations 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, and Lessor may terminate this Rental Agreement for said breach as a default pursuant to the laws of the State of California then in effect. 31. ATTORNEYS' FEES: Should either Lessor or Lessee be required to employ counsel to enforce the terms, conditions and covenants of this Rental Agreement, the prevailing party shall recover all reasonable attorneys' fees incurred therein whether or not court proceedings were commenced. 32. TRANSFER OF LESSOR'S INTEREST: In the event Lessor transfers its reversionary interest in the Park, Lessor shall be automatically relieved of any obligations hereunder accruing after the date of such transfer, provided such obligations are assumed in writing by the transferee. 33. GOVERNING LAW: This Rental Agreement shall be governed by and construed pursuant to the laws of the State of California. 34. ENTIRETY: This Rental Agreement and the documents incorporated herein by paragraph 30 contain the entire agreement between the parties. _11 0' 35. EXECUTION AND ACKNOWLEDGMENT: Lessee acknowledges having read the Rental Agreement and agrees to be bound by all of the terms and conditions herein contained. 36. 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. 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. LESSEE: name n t L me Cl name ATTEST: City C er REVIEWI ACKNOWLEDGED: V - Park Manager for Lessor LESSOR: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California 4t'-q Va. L .- Mayor APPROVED AS TO FORM: 3_Z/�,r� ity Attorney s (12) STATE OF CALIFORNIA PARTMENT OF HOUSING AND &MUNITY DEVELOPMENT _ DECAL No. 1111TZfl�, MANUFACIURER NAME/ID R CVlJi w 411 V — TRRADE NAME AV UA-64�l MODEL UOtA DOT UFS SI'C EXNIIiAIIOti GOLDEN W STt 1'�EST 00/00/80 00/00/80 AER 05/31/87 7GOLDEN RY-80 U SERIAL NUMBER LABEL/INSIGNIA NUMBER WEIGHT LENGIH WIUIII ISSUED SCC EXEhIPT USE IYf E I G1CALGH5266A CAL190233 000000 000576 000144 04/10/86 30 SFD ILT 2 CA41CALGI45266B CAL190234 000000 000576 000144 TOTAL 3 FEES 4 PAID: 5 6 $162.00 A BRAKE EVERETT EUGENE/ D MARGERY GRACE/GREGERY EVERETT/ R CYNTHIA HARRIETT TENCOM OR E PO BX 603 s HUNTINGTON BEACH CA 92648 ER. K BRAKE EVERETT EUGENEA, GM MARGERY GRACE/GREGERY EVERETT IA CYNTHIA HARRIETT TENCOM OR sr PO BX 603 I T L E HUNTINGTON BEACH{.. R CA 92648 E 0 os 21002 PACIFIC CST HWY SP 42,_` W r I i N T E U HUNTINGTON BEACH' N E R J U F N I I R O S R T L I E N s H E O C L O D N E 0 R uur L7CA T L TO BE PILEO WITH THE MOBILEHOME PARK OPERATOR AS REQUIRED BY LAW IMPORTANT 01-09'0-00057 THE OWNER INFORMATION SHOWN ABOVE MAY NOT REFLECT ALL LIENS RECORDED WITH THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AGAINST THE DESCRIBED UNIT. THE CURRENT a TITLE STATUS OF THE UNIT MAY BE CONFIRMED THROUGH THE DEPARTMENT. 0100014 MOBIJOME PARK RULES AND REGULWNS ITY OF HUNTINGTON BEACH 7051 Ellis Avenue, Huntington Beach, California 92648 1. Residents shall maintain their lots in a neat and orderly fashion and care for the landscaping. If the lot is not properly cared for, the park may have work performed and make appropriate charges. 2. No loud talking, radio, television, or other noise between 10:00 p.m. and 9:00 a.m. or disturbing noises at any time or any place. 3. Automobiles shall be parked in designated places and parking of more than two vehicles, (cars, travel trailers, campers, etc.) requires special arrangements with the management. Streets must be kept clear. 4. Children are not permitted in the service rooms or recreation area unless accompanied by an adult. 5. Management is not responsible for any loss due to fire, accident or theft. 6. Speed limit is 10 MPH on the premises. 7. No towels, bathing suits, rugs, wearing apparel or laundry of any description may be hung outside except in designated areas provided for this purpose. Remove clothes from the lines when they are dry. 8. The rental of a mobilehome lot does not include the privilege of using the space for commercial purposes or for negotiation or sale of automobiles, or other merchandise. No "FOR SALE" signs shall be posted. 9. Use of any spray paint guns or equipment within the park must be first approved in writing by the management. 10. Pets are not allowed within the park unless permission in writing is given by management. 11. No furniture permitted on the patio or porch or in the yard except outdoor patio furniture. No overstuffed furniture, ironing boards, brooms, mops, major appliances, etc., allowed outside mobilehome unless in an approved storage cabinet. No storage permitted under a mobilehome. 12. All mobilehome cabanas, porches, skirting, ramadas, awnings, storage cabinets, fences, windbreaks, or other structures must be approved by the management before construction or installation. 13. All public laws or ordinances shall be obeyed and no acts shall be committed which would constitute a violation or place the management in violation of any of these laws or ordinances. 14. If at any time it is necessary to call the Police or any other enforcement agency notify management of such action as soon as possible. 15. Management reserves the right to restrict the use of the common areas or any park facility as to hours, purposes and conduct. Scheduling of events offered for park residents, of any group thereof, must be first approved by management. 16. Mobilehomes must be equipped with skirting within 45 days after installation, and with at least one awning within 60 days thereof. 19 9 2 j/Pg. 1 41knaletti # 2 RENTAL AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND LESSEE FOR SPACE IN OCEAN VIEW ESTATES 1. PARTIES: This Rental Agreement is made and executed this 2nd day of June, 1986 by and between the City of Huntington Beach (hereinafter called Lessor), and Mary and William R. Canaletti (hereinafter called Lessee). 2. DEMISED PREMISES: Lessor hereby leases to Lessee, and Lessee hereby rents from Lessor, that certain Lot known as Space No 02 situated in Ocean View Estates located at 7051 Ellis Avenue, Huntington Beach, California 92643. 3. TERM: The term of this Rental Agreement shall be for the life of named Lessees, or for the life of the last surviving named Lessee set forth herein, and shall end upon the death or vacation of the premises by the last surviving, named Lessee. 4. RENT: Lessee agrees to pay Lessor rent for the demised premises, without deduction, according to the following Rent Schedule: YEAR RENT 1 060 per month 2 175 3 190 4 205 5 220 6 235 7, and thereafter, a minimum increase of 7% per year, or that percentage for the previous year as set forth by the Long Beach -Anaheim CPI (or whichever such indicator is commonly in use at the time), whichever is greater., said percentage increase _, tq_be_ calculated on the previous year's base rental amount. (1) • • C_ MM 4 L LT T I 1. PARTIES: Z Sr RENTAL AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND LESSEE FOR SPACE IN HUNTINGTON BEACH MOBILE HOME PARK This Rental Agreement is made and executed this f day of�� by and between the City of Huntington Beach (hereinafter called Lessor), and l ,4- ma y (hereinafter called Lessee). 2. DEMISED PREMISES: Lessor hereby leases to Lessee, and Lessee hereby rents from Lessor, that certain Lot known as Space No V,Z situated in Huntington Beach Mobile Home Park located at 7051 Ellis Avenue, Huntington Beach, California 92648. 3. TERM: The term of this Rental Agreement shall be for the life of named Lessees, or for the life of the last surviving named Lessee set forth herein, and shall end upon the death or vacation of the premises by the last surviving named Lessee. 4. RENT: Lessee agrees to pay Lessor rent for the demised premises, without deduction, according to the following Rent Schedule: YEAR RENT 1 $160 per month 2 175 3 190 4 205 5 220 6 235 7, and thereafter, a minimum increase of 7% per year, or that percentage for the previous year as set forth by the Long Beach -Anaheim CPI (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. (1) Said rent shall be 11yable monthly in advance,* the first day of each month, plus all other sums, if any, payable hereunder, which additional charges shall be payable within days after Lessor renders statements of account therefore. All monies payable hereunder shall be paid by check or money order at the office of the City Treasurer. Under certain circumstances, 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 by management at the beginning of each anniversary year and upon ( ) days notice. Failure to pay new rental amount when due shall terminate tenancy. 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 of $10.00 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. (2) 5. SECURITY DEPOSIOO Lessee has concurrently posited with Lessor (�'_— (hereinafter called "Deposit") , receipt of which is acknowledged by Lessor, as security for the full and faithful performance of each term, covenant and condition of this Rental Agreement, including without limitation, the payment of rent, repair or damages to premises, and surrender of the premises in clean condition. Lessee further agrees that if the payment of any rent in default or for any other sum for which Lessor may spend or be required to spend by reason of Lessee's default pursuant to the provisions of Section 1950.5 of the California Civil Code. Should Lessor be required to so use or apply the Deposit upon Lessee's default, Lessee shall, on the written demand of Lessor, forthwith remit to Lessor a sufficient amount in cash to restore the Deposit to its original amount, and Lessee's failure to do so within thirty (30) days after receipt of such demand shall constitute a breach of this Rental Agreement. Should Lessee comply with all of the terms, covenants and conditions of this Rental Agreement, including the payment of rent as due, the Deposit or any balance thereof shall be returned to Lessee, without interest, at.the end of the term of this Rental Agreement, or upon the earlier termination of this Rental Agreement without Lessee's default. In the event Lessor sells the leased premises, Lessor shall deliver the Deposit to its successor in interest, and shall be discharged from further liability with respect to the Deposit upon notice to the Lessee by registered mail of such transfer and the transferee's name and address. (3) '4 6. STORAGE LIEN: L see hereby agrees that thobilehome 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. 0 2- 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. PERMISSIBLE USE OF LOT: The lot shall be used for a mobilehome, approved by Lessor, to be used as a residence only for the person or persons named in this Agreement as Lessee(s) and for no other persons. 8. MANAGEMENT OF PARK: Lessor shall be represented on the premises by its Park Manager vested with all the legal right and authority to enforce the Rules and Regulations on behalf of Lessor. His or her decision shall be final and binding upon Lessee. 9. LOT MAINTENANCE: (A) In order to protect our mutual investment, Lessees are required to maintain their Lot and mobilehome in a clean, attractive and well kept fashion. Lessees may have storage cabinets to store furniture, trash cans, etc. If a Lessee has an item that cannot be adequately stored in the storage cabinet, it must be removed from the Park. Additionally, Lessees are expressly prohibited from storing anything, other than wheels 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 (4) � • or repairs occasioned by neglect or misuse of the Lot shall be paid by the Lessee. 10. LANDSCAPING: (A) All Lessees are required to landscape their Lot in 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. Lessees 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. (B) Most Lessees will want to get their landscaping in as soon as possible, but for the benefit of those who want to put in their own, and have only a day or two a week to complete it, Lessor has set a time limit of ninety (90) days from the date of moving in the mobilehome. If for any valid reason the Lessee cannot complete the landscaping within said period, he/she must obtain a written extension from Lessor. (C) 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. 11. PATIO FURNITURE: Lessor expressly prohibits the use of any furniture on the patio, porch or yard unless it is outdoor patio furniture approved by %sor's Park Manager. No 4krstuffed furniture, ironing boards, brooms, mops, etc., are allowed to be stored outside the mobilehome. 12. PETS: (A) Pets, unless previously owned and written permission given by Lessor, are not permitted to be kept in the Park. (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. 13. PEACE AND QUIET: (A) Lessees are entitled to the peaceful enjoyment of their Lot and all Park facilities. Radios, televisions, record players, musical instruments or any other noise that may cause annoyance to Lessees must, therefore, be kept reasonably low, especially after 10:00 P.M. No radio transmitters are allowed in the Park. (B) Loud parties, intoxication, fighting, immoral conduct or children without the supervision of an adult, all of which might be cause for a complaint, are prohibited. 14. VEHICLE CONTROL: (A) For the safety of the Park Lessees and their guests, Lessor has established and posted a speed limit in the Park, and all Lessees must cooperate in its enforcement. (B) Lessees may park passenger vehicles only on the Lot driveway or other designated areas. Neither Lessees 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 (6) Manager, whichever is 4aplicable. _l Visitors may pit in the designated guest parking areas, or in their host's driveway if space is available. Trailers, boats and recreation 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 unusable or unsightly vehicles will be allowed in the Park or 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. 15. 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. 16. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and, with other refuse, must be placed in the proper containers provided therefor. Sanitary and health laws must be obeyed at all times. 17. LAUNDRY ROOM: Use of laundry facilities is conditioned upon the rules posted in the laundry room, as they are incorporated herein and made a part of this Rental Agreement. However, these posted regulations may be amended at the discretion of Lessor upon sixty (60) days notice. 18. INSPECTION: Lessee states that he/she has fully and completely examined the premises, the streets, laundry, recreational facilities and all other areas open to their use and found their condition as being safe and acceptable. (7) 0 19. SUBLETTING AND E OF MOBILEHOMES: SubleAng or the sale of mobilehomes is expressly prohibited hereunder. 20. WRITTEN APPROVAL: References to approval, permission, or authorization of Lessor shall be construed as written approval prior to taking action. 21. COMPLAINTS: All Lessee complaints, except emergencies, must be presented to Lessor's Park Manager in writing during office hours. 22. 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 -lessees 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 Lessees, their guests and families thereof caused by the Lessees or his guest's negligence or misuse of the Park. 23. WAIVER OF DEFAULT: No waiver by Lessor of its right to enforce any provision hereof after any default on the part of (8) Lessee, shall be deeme a waiver of Lessor's right to enforce each and all of the provisions hereof upon any further or other default on the part of 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. 24. CALIFORNIA CIVIL CODE REQUIREMENTS: (A) California Civil Code Section 789.9 provides: "The - Management of a mobilehome park shall provide tenants with the park rules and regulations and the language of Sections 789.5 to 789.11 inclusive in written form either included within the rules and regulations of the park or in the rental agreement." (B) Pursuant to said Section, Lessor attaches hereto and incorporates by reference the wording of said sections. 25. CONSIDERATION FOR EXECUTION OF LEASE: The consideration of the Rental Agreement shall be the leasing of Space No. D Z- and the payment of rent and charges for same, subject to the Rental Agreement terms. Lessor hereby acknowledges the receipt of mA $ from Lessee, which covers the period commencing IT and ending 26. UTILITIES AND OTHER CHARGES: Lessee shall pay for gas, electricity, water and such other utilities as may be provided. A storage charge of /U for /t% in the Park. 27. TERMINATION: 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 (9) `l but unused rent, the ike shall be refunded when *e 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. 28. INDEMNIFICATION: Lessee covenants to indemnify and hold and save Lessor harmless Lessor, 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 of willful misconduct of Lessor shall in no way diminish Lessee's obligations hereunder. 29. 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 California Civil Code Sections 1951.2 et. seq. (10) 30. RECEIPT OF PARK RULES AND REGULATIONS AND APPLICABLE LAW: Lessee hereby acknowledges receipt of the Mobile Home Park Rules and Regulations 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, and Lessor may terminate this Rental Agreement for said breach as a default pursuant to the laws of the State of California then in effect. 31. ATTORNEYS' FEES: Should either Lessor or Lessee be required to employ counsel to enforce the terms, conditions and covenants of this Rental Agreement, the prevailing party shall recover all reasonable attorneys' fees incurred therein whether or not court proceedings were commenced. 32. TRANSFER OF LESSOR'S INTEREST: In the event Lessor transfers its reversionary interest in the Park, Lessor shall be automatically relieved of any obligations hereunder accruing after the date of such transfer, provided such obligations are assumed in writing by the transferee. 33. GOVERNING LAW: This Rental Agreement shall be governed by and construed pursuant to the laws of the State of California. 34. ENTIRETY: This Rental Agreement and the documents incorporated herein by paragraph 30 contain the entire agreement between the parties. 35. EXECUTION AND ACKNOWLEDGMENT: Lessee acknowledges having read the Rental Agreement and agrees to be bound by all of the terms and conditions herein contained. 36. 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. 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. LESSEE: n nafhb name ATTEST: City Clerk G/?O/VL REVIEW ID APPROVED: City Administrat r ACKNOWLEDGED: LESSOR: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROVED AS TO FORM: jx�� City Attorney IN �;hret of Services nistrative Park Manager for Lessor (12) MOBOIOME PARK RULES AND REGUOONS CITY OF HUNTINGTON BEACH 7051 Ellis Avenue, Huntington Beach, California 92648 1. Residents shall maintain their lots in a neat and orderly fashion and care for the landscaping. If the lot is not properly cared for, the park may have work performed and make appropriate charges. 2. No loud talking, radio, television, or other noise between 10:00 p.m. and 9:00 a.m. or disturbing noises at any time or any place. 3. Automobiles shall be parked in designated places and parking of more than two vehicles, (cars, travel trailers, campers, etc.) requires special arrangements with the management. Streets must be kept clear. 4. Children are not permitted in the service rooms or recreation area unless accompanied by an adult. 5. Management is not responsible for any loss due to fire, accident or theft. 6. Speed limit is 10 MPH on the premises. 7. No towels, bathing suits, rugs, wearing apparel or laundry of any description may be hung outside except in designated areas provided for this purpose. Remove clothes from the lines when they are dry. 8. The rental of a mobilehome lot does not include the privilege of using the space for commercial purposes or for negotiation or sale of automobiles, or other merchandise. No "FOR SALE" signs shall be posted. 9. Use of any spray paint guns or equipment within the park must be first approved in writing by the management. 10. Pets are not allowed within the park unless permission in writing is given by management. 11. No furniture permitted on the patio or porch or in the yard except outdoor patio furniture. No overstuffed furniture, ironing boards, brooms, mops, major appliances, etc., allowed outside mobilehome unless in an approved storage cabinet. No storage permitted under a mobilehome. 12. All mobilehome cabanas, porches, skirting, ramadas, awnings, storage cabinets, fences, windbreaks, or other structures must be approved by the management before construction or installation. 13. All public laws or ordinances shall be obeyed and no acts shall be committed which would constitute a violation or place the management in violation of any of these laws or ordinances. 14. If at any time it is necessary to call the Police or any other enforcement agency notify management of such action as soon as possible. 15. Management reserves the right to restrict the use of the common areas or any park facility as to hours, purposes and conduct. Scheduling of events offered for park residents, of any group thereof, must be first approved by management. 16. Mobilehomes must be equipped with skirting within 45 days after installation, and with at least one awning within 60 days thereof. 1992j/Pg. 1 17. Mobilehomes and aory structures must be well mai ed, properly painted, clean and waxed at JNW. mes. 18. Residents entertaining visitors or guests at the park shall be responsible for their conduct while on the park premises and shall be responsible for any charges incurred by the visitors or guests. 19. All visitors or guests who remain more than three days, or who use community facilities at any time, must be registered with the park management. No overnight parking of recreation vehicles is allowed. 20. A vehicle washing and maintenance area is not provided. These activities are to be performed on the street or lot parking area. 21. No major appliance such as clothes dryers, air conditioning units, space heaters, etc., may be installed in any mobilehome or upon any mobilehome lot without prior written approval of management. 22. Residents shall deposit all garbage and trash in receptacles provided by management. 23. Mobilehomes within the park may not be transferred or sublet. 24. Management may require the removal of any mobilehome that is unoccupied for more than 120 consecutive days without good reason and written approval of the management. 25. The owner reserves the right to amend, revise and add to the park rules and regulations from time to time at his discretion and in accordance with law. The park rules and regulations are incorporated into the lease or rental agreement by reference. Other: Residen Signatures: r Park Name: Manager:_,�,� Date: l0 ate 1992j/Pg. 2 • Foltz #4 RENTAL AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND LESSEE FOR SPACE IN OCEAN VIE",J ESTATES 1. PARTIES: This Rental Agreement is made and executed this 2nd day of June, 1986 , by and between the City of Huntington Beach (hereinafter called Lessor), and Stella M. and Harry-H Foltz (hereinafter called Lessee). 2. DEMISED PREMISES: Lessor hereby leases to Lessee, and Lessee hereby rents from Lessor, that certain_. Lot :mown as Space No 04 situate(; in Ocean Viaw Estates locate(: at 7051 El14 S E~-_venue, Huntington Beach, California 92649. 3. TERM: The term cf this Petal Agreement shall tie for the 1, fe of named Lessees, Or for the 11Le of the last sL'rvivin7� na: e'd! Lessee set forth herein, and Sinall end upon the deat1-1 or vacation oL the premises by the last surviving named Lessee. 4. RENT: Lessee agrees to parr Lessor rant for the demises Premises, without deduction, accordingto the following pent Schedule: YEAR RENT 1 160 per month 2 175 3 190 4 205 5 220 6 235 7, and thereafter, a minimum increase of 7% per year, or that percentage for the previous year as set forth by the Long Beach -Anaheim CPI (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. (1) 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 3 days after Lessor renders statements of account therefore. All monies payable hereunder shall be paid by check or money order at the office of the City Treasurer. Under certain circumstances, 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 by management at the beginning of each anniversary year and upon c ( C� ) days notice. Failure to pay new rental amount when due shall terminate tenancy. 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 of $10.00 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. (2) a 5. SECURITY DEPOSIT: Lessee has concurrently deposited with Lessor ,j% (hereinafter called "Deposit"), receipt of which is acknowledged by Lessor, as security for the full and faithful performance of each term, covenant and condition of this Rental Agreement, including without limitation, the payment of rent, repair or damages to premises, and surrender of the premises in clean condition. Lessee further agrees that if the payment of any rent in default or for any other sum for which Lessor may spend or be required to spend by reason of Lessee's default pursuant to the provisions of Section 1950.5 of the California Civil Code. Should Lessor be required to so use or apply the Deposit upon Lessee's default, Lessee shall, on the written demand of Lessor, forthwith remit to Lessor a sufficient amount in cash to restore the Deposit to its original amount, and Lessee's failure to do so within thirty (30) days after receipt of such demand shall constitute a breach of this Rental Agreement. Should Lessee comply with all of the terms, covenants and conditions of this Rental Agreement, including the payment of rent as due, the Deposit or any balance thereof shall be returned to Lessee, without interest, at the end of the term of this Rental Agreement, or upon the earlier termination of this Rental Agreement without Lessee's default. In the event Lessor sells the leased premises, Lessor shall deliver the Deposit to its successor in interest, and shall be discharged from further liability with respect to the Deposit upon notice to the Lessee by registered mail of such transfer and the transferee's name and address. (3) 6. STORAGE LIEN: *essee hereby agrees that Ve' 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. 6 !/ 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. PERMISSIBLE USE OF LOT: The lot shall be used for a mobilehome, approved by Lessor, to be used as a residence only for the person or persons named in this Agreement as Lessee(s) and for no other persons. 8. MANAGEMENT OF PARK: Lessor shall be represented on the premises by its Park Manager vested with all the legal right and authority to enforce the Rules and Regulations on behalf of Lessor. His or her decision shall be final and binding upon Lessee. 9. LOT MAINTENANCE: (A) In order to protect our mutual investment, Lessees are required to maintain their Lot and mobilehome in a clean, attractive and well kept fashion. Lessees may have storage cabinets to store furniture, trash cans, etc. If a Lessee has an item that cannot be adequately stored in the storage cabinet, it must be removed from the Park. Additionally, Lessees are expressly prohibited from storing anything, other than wheels 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 (4) or repairs occasioned by neglect or misuse of the Lot shall be paid by the Lessee. 10. LANDSCAPING: (A) All Lessees are required to landscape their Lot in 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. Lessees 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. (B) Most Lessees will want to get their landscaping in as soon as possible, but for the benefit of those who want to put in their own, and have only a day or two a week to complete it, Lessor has set a time limit of ninety (90) days from the date of moving in the mobilehome. If for any valid reason the Lessee cannot complete the landscaping within said period, he/she must obtain a written extension from Lessor. (C) 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. 11. PATIO FURNITURE: Lessor expressly prohibits the use of any furniture on the patio, porch or yard unless it is outdoor patio (5) furniture approved bLessor's Park Manager. Nfoverstuffed furniture, ironing boards, brooms, mops, etc., are allowed to be stored outside the mobilehome. 12. PETS: (A) Pets, unless previously owned and written permission given by Lessor, are not permitted to be kept in the Park. (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. 13. PEACE AND QUIET: (A) Lessees are entitled to the peaceful enjoyment of their Lot and all Park facilities. Radios, televisions, record players, musical instruments or any other noise that may cause annoyance to Lessees must, therefore, be kept reasonably low, especially after 10:00 P.M. No radio transmitters are allowed in the Park. (B) Loud parties, intoxication, fighting, immoral conduct or children without the supervision of an adult, all of which might be cause for a complaint, are prohibited. 14. VEHICLE CONTROL: (A) For the safety of the Park Lessees and their guests, Lessor has established and posted a speed limit in the Park, and all Lessees must cooperate in its enforcement. (B) Lessees may park passenger vehicles only on the Lot driveway or other designated areas. Neither Lessees 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 (6) 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 recreation 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 unusable or unsightly vehicles will be allowed in the Park or 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. 15. 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. 16. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and, with other refuse, must be placed in the proper containers provided therefor. Sanitary and health laws must be obeyed at all times. 17. LAUNDRY ROOM:Use of laundry facilities is conditioned upon the rules posted in the laundry room, as they are incorporated herein and made a part of this Rental Agreement. However, these posted regulations may be amended at the discretion of Lessor upon sixty (60) days notice. 18. INSPECTION: Lessee states that he/she has fully and completely examined the premises, the streets, laundry, recreational facilities and all other areas open to their use and found their condition as being safe and acceptable. (7) 19. SUBLETTING AND SALE OF MOBILEHOMES: Subletting or the sale of mobilehomes is expressly prohibited hereunder. 20. WRITTEN APPROVAL: References to approval, permission, or authorization of Lessor shall be construed as written approval prior to taking action. 21. COMPLAINTS: All Lessee complaints, except emergencies, must be presented to Lessor's Park Manager in writing during office hours. 22. 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 -lessees 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 Lessees, their guests and families thereof caused by the Lessees or his guest's negligence or misuse of the Park. 23. WAIVER OF DEFAULT: No waiver by Lessor of its right to enforce any provision hereof after any default on the part of (8) 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 of 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. 24. CALIFORNIA CIVIL CODE REQUIREMENTS: (A) California Civil Code Section 789.9 provides: "The - Management of a mobilehome park shall provide tenants with the park rules and regulations and the language of Sections 789.5 to 789.11 inclusive in written form either included within the rules and regulations of the park or in the rental agreement." (B) Pursuant to said Section, Lessor attaches hereto and incorporates by reference the wording of said sections. 25. CONSIDERATION FOR EXECUTION OF LEASE: The consideration of the Rental Agreement shall be the leasing of Space No. Q and the payment of rent and charges for same, subject to the Rental Agreement terms. Lessor hereby acknowledges the receipt of from Lessee, which covers the period commencing —1 tJ Ad0� and ending J U A-) 26. UTILITIES AND OTHER CHARGES: Lessee shall pay for gas, electricity, water and such other utilities as may be provided. A storage charge of t for N/k in the Park. 27. TERMINATION: 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 (9) 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. 28. INDEMNIFICATION: Lessee covenants to indemnify and hold and save Lessor harmless Lessor, 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 of willful misconduct of Lessor shall in no way diminish Lessee's obligations hereunder. 29. 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 California Civil Code Sections 1951.2 et. seq. (10) 30. RECEIPT OF PA RULES AND REGULATIONS AND APPLICABLE LAW: Lessee hereby acknowledges receipt of the Mobile Home Park Rules and Regulations 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, and Lessor may terminate this Rental Agreement for said breach as a default pursuant to the laws of the State of California then in effect. 31. ATTORNEYS' FEES: Should either Lessor or Lessee be required to employ counsel to enforce the terms, conditions and covenants of this Rental Agreement, the prevailing party shall recover all reasonable attorneys' fees incurred therein whether or not court proceedings were commenced. 32. TRANSFER OF LESSOR'S INTEREST: In the event Lessor transfers its reversionary interest in the Park, Lessor shall be automatically relieved of any obligations hereunder accruing after the date of such transfer, provided such obligations are assumed in writing by the transferee. 33. GOVERNING LAW: This Rental Agreement shall be governed by and construed pursuant to the laws of the State of California. 34. ENTIRETY: This Rental Agreement and the documents incorporated herein by paragraph 30 contain the entire agreement between the parties. 35. EXECUTION AND ACKNOWLEDGMENT: Lessee acknowledges having read the Rental Agreement and agrees to be bound by all of the terms and conditions herein contained. 36. 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. 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. LESSEE: ame n me --� name ATTEST: City er G REVIEWED -AND APPR VE City Administrato ACKNOWLEDGED: LESSOR: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor , APPROVED AS TO FORM: City Attorney Chief of Aden nistrative Services Park Manager for Lessor (12) MOBWOME PARK RULES AND REGUISONS CITY OF HUNTINGTON BEACH 7051 Ellis Avenue, Huntington Beach, California 92648 1. Residents shall maintain their lots in a neat and orderly fashion and care for the landscaping. If the lot is not properly cared for, the park may have work performed and make appropriate charges. 2. No loud talking, radio, television, or other noise between 10:00 p.m. and 9:00 a.m. or disturbing noises at any time or any place. 3. Automobiles shall be parked in designated places and parking of more than two vehicles, (cars, travel trailers, campers, etc.) requires special arrangements with the management. Streets must be kept clear. 4. Children are not permitted in the service rooms or recreation area unless accompanied by an adult. 5. Management is not responsible for any loss due to fire, accident or theft. 6. Speed limit is 10 MPH on the premises. 7. No towels, bathing suits, rugs, wearing apparel or laundry of any description may be hung outside except in designated areas provided for this purpose. Remove clothes from the lines when they are dry. 8. The rental of a mobilehome lot does not include the privilege of using the space for commercial purposes or for negotiation or sale of automobiles, or other merchandise. No "FOR SALE" signs shall be posted. 9. Use of any spray paint guns or equipment within the park must be first approved in writing by the management. 10. Pets are not allowed within the park unless permission in writing is given by management. 11. No furniture permitted on the patio or porch or in the yard except outdoor patio furniture. No overstuffed furniture, ironing boards, brooms, mops, major appliances, etc., allowed outside mobilehome unless in an approved storage cabinet. No storage permitted under a mobilehome. 12. All mobilehome cabanas, porches, skirting, ramadas, awnings, storage cabinets, fences, windbreaks, or other structures must be approved by the management before construction or installation. 13. All public laws or ordinances shall be obeyed and no acts shall be committed which would constitute a violation or place the management in violation of any of these laws or ordinances. 14. If at any time it is necessary to call the Police or any other enforcement agency notify management of such action as soon as possible. 15. Management reserves the right to restrict the use of the common areas or any park facility as to hours, purposes and conduct. Scheduling of events offered for park residents, of any group thereof, must be first approved by management. 16. Mobilehomes must be equipped with skirting within 45 days after installation, and with at least one awning within 60 days thereof. 1992j/Pg. 1 7. Mobilehomes and acftory structures must be well maimed, properly painted, .i clean and waxed at a mes. 18. Residents entertaining visitors or guests at the park shall be responsible for their conduct while on the park premises and shall be responsible for any charges incurred by the visitors or guests. 19. All visitors or guests who remain more than three days, or who use community facilities at any time, must be registered with the park management. No overnight parking of recreation vehicles is allowed. 20. A vehicle washing and maintenance area is not provided. These activities are to be performed on the street or lot parking area. 21. No major appliance such as clothes dryers, air conditioning units, space heaters, etc., may be installed in any mobilehome or upon any mobilehome lot without prior written approval of management. 22. Residents shall deposit all garbage and trash in receptacles provided by management. 23. Mobilehomes within the park may not be transferred or sublet. 24. Management may require the removal of any mobilehome that is unoccupied for more than 120 consecutive days without good reason and written approval of the management. 25. The owner reserves the right to amend, revise and add to the park rules and regulations from time to time at his discretion and in accordance with law. The park rules and regulations are incorporated into the lease or rental agreement by reference. Other: Park Name: Manager: Date: Date 1992j/Pg. 2 Young #5 RENTAL AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND LESSEE FOR SPACE IN OCEAN VIEW ESTATES 1. PARTIES: This Rental Agreement is made and executed this 2nd day of June, 1986 , by and between the City of Iuntington Beach (hereinafter called Lessor), and Helen and Frederick 0. Young (hereinafte-r called Lessee) . 2. DEMISED PREMISES: Lessor hereby leases to Lessee, and Less,ae hereby rents from Lessor, that certain Lot '.mown as Space , , 5 situated in Ocean View Estates located at 7031 Ellis Avenue, Huntington Beach, California 92,648. 3. TERM: The term of this Rental Agreement shall- be, for the lie of named Lessees, or for the life of the last surviving named Lessee set forth herein, ;nd shall end un-on the death or vacation of the premises by the last surviving named Lessee. 4. RENT: Lessee agrees to pay Lessor, rent for the demised without deduction, according to the followi^g Rent Schedule: YEAR REtiT 1 $160 per month 2 175 3 190 4 205 5 220 6 235 7, and thereafter, a minimum increase of 7% per year, or that percentage for the previous year as set forth by the Long Beach -Anaheim CPI (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. (1) Said rent shall be Pable monthly in advance,4) the first day of each month, plus all other sums, if any, payable hereunder, which additional charges shall be payable within 3 days after Lessor renders statements of account therefore. All monies payable hereunder shall be paid by check or money order at the office of the City Treasurer. Under certain circumstances, 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 by management at the beginning of each anniversary year and upon ( ) days notice. Failure to pay new rental amount when due shall terminate tenancy. If the rent is not paid by the 10th day of any calendar month, a late charge of t20.00 will be charged to cover Management's costs for additional accounting and collection expenses. Additionally, a handling charge of $10.00 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. (2) 5. SECURITY DEPOSIO Lessee has concurrently eposited with Lessor t 6A) t,- (hereinafter called "Deposit"), receipt of which is acknowledged by Lessor, as security for the full and faithful performance of each term, covenant and condition of this Rental Agreement, including without limitation, the payment of rent, repair or damages to premises, and surrender of the premises in clean condition. Lessee further agrees that if the payment of any rent in default or for any other sum for which Lessor may spend or be required to spend by reason of Lessee's default pursuant to the provisions of Section 1950.5 of the California Civil Code. Should Lessor be required to so use or apply the Deposit upon Lessee's default, Lessee shall, on the written demand of Lessor, forthwith remit to Lessor a sufficient amount in cash to restore the Deposit to its original amount, and Lessee's failure to do so within thirty (30) days after receipt of such demand shall constitute a breach of this Rental Agreement. Should Lessee comply with all of the terms, covenants and conditions of this Rental Agreement, including the payment of rent as due, the Deposit or any balance thereof shall be returned to Lessee, without interest, at the end of the term of this Rental Agreement, or upon the earlier termination of this Rental Agreement without Lessee's default. In the event Lessor sells the leased premises, Lessor shall deliver the Deposit to its successor in interest, and shall be discharged from further liability with respect to the Deposit upon notice to the Lessee by registered mail of such transfer and the transferee's name and address. (3) e h reb a rees that th*mobilehome 6. STORAGE LIEN: L se e y g will not be removed until all rent and other charges have been paid and that for unpaid rental and cha,.r-g-e-s, Lessor has a lien on the mobilehome placed on Space No. 0 7 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. PERMISSIBLE USE OF LOT: The lot shall be used for a mobilehome, approved by Lessor, to be used as a residence only for the person or persons named in this Agreement as Lessee(s) and for no other persons. 8. MANAGEMENT OF PARK: Lessor shall be represented on the premises by its Park Manager vested with all the legal right and authority to enforce the Rules and Regulations on behalf of Lessor. His or her decision shall be final and binding upon Lessee. 9. LOT MAINTENANCE: (A) In order to protect our mutual investment, Lessees are required to maintain their Lot and mobilehome in a clean, attractive and well kept fashion. Lessees may have storage cabinets to store furniture, trash cans, etc. If a Lessee has an item that cannot be adequately stored in the storage cabinet, it must be removed from the Park. Additionally, Lessees are expressly prohibited from storing anything, other than wheels 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 (4) or repairs occasioned by neglect or misuse of the Lot shall be paid by the Lessee. 10. LANDSCAPING: (A) All Lessees are required to landscape their Lot in 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. Lessees 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. (B) Most Lessees will want to get their landscaping in as soon as possible, but for the benefit of those who want to put in their own, and have only a day or two a week to complete it, Lessor has set a time limit of ninety (90) days from the date of moving in the mobilehome. If for any valid reason the Lessee cannot complete the landscaping within said period, he/she must obtain a written extension from Lessor. (C) 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. 11. PATIO FURNITURE: Lessor expressly prohibits the use of any furniture on the patio, porch or yard unless it is outdoor patio (5) furniture approved by ossor's Park Manager. No Oerstuffed furniture, ironing boards, brooms, mops, etc., are allowed to be stored outside the mobilehome. 12. PETS: (A) Pets, unless previously owned and written permission given by Lessor, are not permitted to be kept in the Park. (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. 13. PEACE AND QUIET: (A) Lessees are entitled to the peaceful enjoyment of their Lot and all Park facilities. Radios, televisions, record players, musical instruments or any other noise that may cause annoyance to Lessees must, therefore, be kept reasonably low, especially after 10:00 P.M. No radio transmitters are allowed in the Park. (B) Loud parties, intoxication, fighting, immoral conduct or children without the supervision of an adult, all of which might be cause for a complaint, are prohibited. 14. VEHICLE CONTROL: (A) For the safety of the Park Lessees and their guests, Lessor has established and posted a speed limit in the Park, and all Lessees must cooperate in its enforcement. (B) Lessees may park passenger vehicles only on the Lot driveway or other designated areas. Neither Lessees 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 (6) ' Manager, whichever is applicable. Visitors may P ark in the designated guest -parking areas, or in their host's driveway if space is available. Trailers, boats and recreation 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 unusable or unsightly vehicles will be allowed in the Park or 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. 15. 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. 16. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and, with other refuse, must be placed in the proper containers provided therefor. Sanitary and health laws must be obeyed at all times. 17. LAUNDRY ROOM: Use of laundry facilities is conditioned upon the rules posted in the laundry room, as they are incorporated herein and made a part of this Rental Agreement. However, these posted regulations may be amended at the discretion of Lessor upon sixty (60) days notice. 18. INSPECTION: Lessee states that he/she has fully and completely examined the premises, the streets, laundry, recreational facilities and all other areas open to their use and found their condition as being safe and acceptable. (7) 19. SUBLETTING AND E OF MOBILEHOMES: Sublet ing or the sale of mobilehomes is expressly prohibited hereunder. 20. WRITTEN APPROVAL: References to approval, permission, or authorization of Lessor shall be construed as written approval prior to taking action. 21. COMPLAINTS: All Lessee complaints, except emergencies, must be presented to Lessor's Park Manager in writing during office hours. 22. 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 -lessees 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 Lessees, their guests and families thereof caused by the Lessees or his guest's negligence or misuse of the Park. 23. WAIVER OF DEFAULT: No waiver by Lessor of its right to enforce any provision hereof after any default on the part of (8) Lessee, shall be deeme a waiver of Lessor's right to enforce each and all of the provisions hereof upon any further or other default on the part of 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. 24. CALIFORNIA CIVIL CODE REQUIREMENTS: (A) California Civil Code Section 789.9 provides: "The - Management of a mobilehome park shall provide tenants with the park rules and regulations and the language of Sections 789.5 to 789.11 inclusive in written form either included within the rules and regulations of the park or in the rental agreement." (B) Pursuant to said Section, Lessor attaches hereto and incorporates by reference the wording of said sections. 25. CONSIDERATION FOR EXECUTION OF LEASE: The consideration of the Rental Agreement shall be the leasing of Space No. D J and the payment of rent and charges for same, subject to the Rental Agreement terms. Lessor hereby acknowledges the receipt of t from Lessee, which covers the period commencing and ending 26. UTILITIES AND OTHER CHARGES: Lessee shall pay for gas, electricity, water and such other utilities as may be provided. A storage charge of for 4- in the Park. 27. TERMINATION: 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 (9) but unused rent the ike shall be refunded when 0e 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. 28. INDEMNIFICATION: Lessee covenants to indemnify and hold and save Lessor harmless Lessor, 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 of willful misconduct of Lessor shall in no way diminish Lessee's obligations hereunder. 29. 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 California Civil Code Sections 1951.2 et. seq. (10) 30. RECEIPT OF PARK RULES AND REGULATIONS AND APPLICABLE LAW: Lessee hereby acknowledges receipt of the Mobile Home Park Rules and Regulations 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, and Lessor may terminate this Rental Agreement for said breach as a default pursuant to the laws of the State of California then in effect. 31. ATTORNEYS' FEES: Should either Lessor or Lessee be required to employ counsel to enforce the terms, conditions and covenants of this Rental Agreement, the prevailing party shall recover all reasonable attorneys' fees incurred therein whether or not court proceedings were commenced. 32. TRANSFER OF LESSOR'S INTEREST: In the event Lessor transfers its reversionary interest in the Park, Lessor shall be automatically relieved of any obligations hereunder accruing after the date of such transfer, provided such obligations are assumed in writing by the transferee. 33. GOVERNING LAW: This Rental Agreement shall be governed by and construed pursuant to the laws of the State of California. 34. ENTIRETY: This Rental Agreement and the documents incorporated herein by paragraph 30 contain the entire agreement between the parties. 35. EXECUTION AND ACKNOWLEDGMENT: Lessee acknowledges having read the Rental Agreement and agrees to be bound by all of the terms and conditions herein contained. 36. 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. 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. LESSEE: LESSOR: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California a . 9"",�4_4Z name Mayor name ATTEST: City Clerk REVIEW D APPROVED: City Adm istratdt ACKNOWLEDGED: APPROVED AS TO FORM: jx� 2�z� _Z _ ity Attorney I N I T I-&TF,W AND AP P RQ)TE D: Chief of Atl=-Pisttative Services ar k anager for Lessor (12) .i��' s � .;��. _ _.H .. ^'�r�t�•�!+'xF..•!i^.^e'er-rt�x^,„i;"� 1..-+-'..- r�. �T�: Ikw MOB&OME PARK RULES AND REGULSONS CITY OF HUNTINGTON BEACH 7051 Ellis Avenue, Huntington Beach, California 92648 1. Residents shall maintain their lots in a neat and orderly fashion and care for the landscaping. If the lot is not properly cared for, the park may have work performed and make appropriate charges. 2. No loud talking, radio, television, or other noise between 10:00 p.m. and 9:00 a.m. or disturbing noises at any time or any place. 3. Automobiles shall be parked in designated places and parking of more than two vehicles, (cars, travel trailers, campers, etc.) requires special arrangements with the management. Streets must be kept clear. 4. Children are not permitted in the service rooms or recreation area unless accompanied by an adult. 5. Management is not responsible for any loss due to fire, accident or theft. 6. Speed limit is 10 MPH on the premises. 7. No towels, bathing suits, rugs, wearing apparel or laundry of any description may be hung outside except in designated areas provided for this purpose. Remove clothes from the lines when they are dry. 8. The rental of a mobilehome lot does not include the privilege of using the space for commercial purposes or for negotiation or sale of automobiles, or other merchandise. No "FOR SALE" signs shall be posted. 9. Use of any spray paint guns or equipment within the park must be first approved in writing by the management. 10. Pets are not allowed within the park unless permission in writing is given by management. 11. No furniture permitted on the patio or porch or in the yard except outdoor patio furniture. No overstuffed furniture, ironing boards, brooms, mops, major appliances, etc., allowed outside mobilehome unless in an approved storage cabinet. No storage permitted under a mobilehome. 12. All mobilehome cabanas, porches, skirting, ramadas, awnings, storage cabinets, fences, windbreaks, or other structures must be approved by the management before construction or installation. 13. All public laws or ordinances shall be obeyed and no acts shall be committed which would constitute a violation or place the management in violation of any of these laws or ordinances. 14. If at any time it is necessary to call the Police or any other enforcement agency notify management of such action as soon as possible. 15. Management reserves the right to restrict the use of the common areas or any park facility as to hours, purposes and conduct. Scheduling of events offered for park residents, of any group thereof, must be first approved by management. 16. Mobilehomes must be equipped with skirting within 45 days after installation, and with at least one awning within 60 days thereof. 1992j/Pg. 1 17. Mobilehomes and aory structures must be well mailened, properly painted, clean and waxed at Imes. 18. Residents entertaining visitors or guests at the park shall be responsible for their conduct while on the park premises and shall be responsible for any charges incurred by the visitors or guests. 19. All visitors or guests who remain more than three days, or who use community facilities at any time, must be registered with the park management. No overnight parking of recreation vehicles is allowed. 20. A vehicle washing and maintenance area is not provided. These activities are to be performed on the street or lot parking area. 21. No major appliance such as clothes dryers, air conditioning units, space heaters, etc., may be installed in any mobilehome or upon any mobilehome lot without prior written approval of management. 22. Residents shall deposit all garbage and trash in receptacles provided by management. 23. Mobilehomes within the park may not be transferred or sublet. 24. Management may require the removal of any mobilehome that is unoccupied for more than 120 consecutive days without good reason and written approval of the management. 25. The owner reserves the right to amend, revise and add to the park rules and regulations from time to time at his discretion and in accordance with law. The park rules and regulations are incorporated into the lease or rental agreement by reference. Other: Park Nan Manager: Date: (-- -- Z - No N Date 1992j/Pg. 2 Swanson # 6" RENTAL AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND LESSEE FOR SPACE IN OCEAN VIEW ESTATES 1. PARTIES: This Rental Agreement is made and executed this 2nd day of, June. 1986 , by and between the City of Funtington Beach (hereinafter called Lessor), and Jeraldine Swanson 'hereinafter cake:: Lessee). 2. DEMISED PREJMTSES: Lessor hereby leases to Lessee, and Lessee hereby r-nts from Lessor, that certain Lot known as 'ZZr:ace a 06 situated in Ocean ` 4ew Estates =Located at 7051 Ellis Avenue, Huntington Beach, California 9264'8 . 3. TERM: The term of this Rental Agreement shall. be for t1ne iifa of named `�essve.s, or for the life of the last surviving named Lessee set forth herein, and shall end upon the death o�r vac,�tzon o` tr:e premises by the last surviving named Lessee. 4. RENT: Lessee agrees to pay Lessor rent for the demised premises, without deduction, according to the following vent Schedule: YEAR RENT 1 $160 per month 2 175 3 190 4 205 5 220 6 235 7, and thereafter, a minimum increase of 7% per year, or that percentage for the previous year as set forth by the Long Beach -Anaheim CPI (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. (1) Said rent shall be payable monthly in advance, 9 the first-day of each month, plus all other sums, if any, payable hereunder, which additional charges shall be payable within 30 days after Lessor renders statements of account therefore. All monies payable hereunder shall be paid by check or money order at the office of the City Treasurer. Under certain circumstances, 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 by management at the beginning of each anniversary year and upon ( 6 0 ) days notice. Failure to pay new rental amount when due shall terminate tenancy. If the rent is not paid by the 10th day of any calendar month, a late charge of t20.00 will be charged to cover Management's costs for additional accounting and collection expenses. Additionally, a handling charge of t10.00 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. (2) 5. SE CURITY DEPOSIT. Lessee has concurrently posited with Lessor © �j (hereinafter called "Deposit"), receipt of which is acknowledged by Lessor, as security for the full and faithful performance of each term, covenant and condition of this Rental Agreement, including without limitation, the payment of rent, repair or damages to premises, and surrender of the premises in clean condition. Lessee further agrees that if the payment of any rent in default or for any other sum for which Lessor may spend or be required to spend by reason of Lessee's default pursuant to the provisions of Section 1950.5 of the California Civil Code. Should Lessor be required to so use or apply the Deposit upon Lessee's default, Lessee shall, on the written demand of Lessor, forthwith remit to Lessor a sufficient amount in cash to restore the Deposit to its original amount, and Lessee's failure to do so within thirty (30) days after receipt of such demand shall constitute a breach of this Rental Agreement. Should Lessee comply with all of the terms, covenants and conditions of this Rental Agreement, including the payment of rent as due, the Deposit or any balance thereof shall be returned to Lessee, without interest, at the end of the term of this Rental Agreement, or upon the earlier termination of this Rental Agreement without Lessee's default. In the event Lessor sells the leased premises, Lessor shall deliver the Deposit to its successor in interest, and shall be discharged from further liability with respect to the Deposit upon notice to the Lessee by registered mail of such transfer and the transferee's name and address. (3) hereby agrees that the10obilehome 6. STORAGE LIEN: Le see e y g 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. 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. PERMISSIBLE USE OF LOT: The lot shall be used for a mobilehome, approved by Lessor, to be used as a residence only for the person or persons named in this Agreement as Lessee(s) and for no other persons. 8. MANAGEMENT OF PARK: Lessor shall be represented on the premises by its Park Manager vested with all the legal right and authority to enforce the Rules and Regulations on behalf of Lessor. His or her decision shall be final and binding upon Lessee. 9. LOT MAINTENANCE: (A) In order to protect our mutual investment, Lessees are required to maintain their Lot and mobilehome in a clean, attractive and well kept fashion. Lessees may have storage cabinets to store furniture, trash cans, etc. If a Lessee has an item that cannot be adequately stored in the storage cabinet, it must be removed from the Park. Additionally, Lessees are expressly prohibited from storing anything, other than wheels 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 (4) or repairs occasioned by neglect or misuse of the Lot shall be paid by the Lessee. 10. LANDSCAPING: (A) All Lessees are required to landscape their Lot in 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. Lessees 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. (B) Most Lessees will want to get their landscaping in as soon as possible, but for the benefit of those who want to put in their own, and have only a day or two a week to complete it, Lessor has set a time limit of ninety (90) days from the date of moving in the mobilehome. If for any valid reason the Lessee cannot complete the landscaping within said period, he/she must obtain a written extension from Lessor. (C) 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. 11. PATIO FURNITURE: Lessor expressly prohibits the use of any furniture on the patio, porch or yard unless it is outdoor patio (5) furniture approved by Lessor's Park Manager. No Oerstuffed furniture, ironing boards, brooms, mops, etc., are allowed to be stored outside the mobilehome. 12. PETS: (A) Pets, unless previously owned and written permission given by Lessor, are not permitted to be kept in the Park. (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. 13. PEACE AND QUIET: (A) Lessees are entitled to the peaceful enjoyment of their Lot and all Park facilities. Radios, televisions, record players, musical instruments or any other noise that may cause annoyance to Lessees must, therefore, be kept reasonably low, especially after 10:00 P.M. No radio transmitters are allowed in the Park. (B) Loud parties, intoxication, fighting, immoral conduct or children without the supervision of an adult, all of which might be cause for a complaint, are prohibited. 14. VEHICLE CONTROL: (A) For the safety of the Park Lessees and their guests, Lessor has established and posted a speed limit in the Park, and all Lessees must cooperate in its enforcement. (B) Lessees may park passenger vehicles only on the Lot driveway or other designated areas. Neither Lessees 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 (6) Manager; whichever is applicable. i Visitors may park in the designated guest parking areas, or in their host's driveway if space is available. Trailers, boats and recreation 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 unusable or unsightly vehicles will be allowed in the Park or 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. 15. 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. 16. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and, with other refuse, must be placed in the proper containers provided therefor. Sanitary and health laws must be obeyed at all times. 17. LAUNDRY ROOM: Use of laundry facilities is conditioned upon the rules posted in the laundry room, as they are incorporated herein and made a part of this Rental Agreement. However, these posted regulations may be amended at the discretion of Lessor upon sixty (60) days notice. 18. INSPECTION: Lessee states that he/she has fully and completely examined the premises, the streets, laundry, recreational facilities and all other areas open to their use and found their condition as being safe and acceptable. (7) 19. SUBLETTING AND E OF MOBILEHOMES: SubletOn9 or the sale of mobilehomes is expressly prohibited hereunder. 20. WRITTEN APPROVAL: References to approval, permission, or authorization of Lessor shall be construed as written approval prior to taking action. 21. COMPLAINTS: All Lessee complaints, except emergencies, must be presented to Lessor's Park Manager in writing during office hours. 22. 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 -lessees 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 Lessees, their guests and families thereof caused by the Lessees or his guest's negligence or misuse of the Park. 23. WAIVER OF DEFAULT: No waiver by Lessor of its right to enforce any provision hereof after any default on the part of (8) L shall be deeme a waiver of Lessor's rightto enforce each essee, and all of the provisions hereof upon any further or other default on the part of 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. 24. CALIFORNIA CIVIL CODE REQUIREMENTS: (A) California Civil Code Section 789.9 provides: "The Management of a mobilehome park shall provide tenants with the park rules and regulations and the language of Sections 789.5 to 789.11 inclusive in written form either included within the rules and regulations of the park or in the rental agreement." (B) Pursuant to said Section, Lessor attaches hereto and incorporates by reference the wording of said sections. 25. CONSIDERATION FOR EXECUTION OF LEASE: The consideration of the Rental Agreement shall be the leasing of Space No. D and the payment of rent and charges for same, subject to the Rental Agreement terms. Lessor hereby acknowledges the receipt of $ from Lessee, which covers the period commencing and ending 26. UTILITIES AND OTHER CHARGES: Lessee shall pay for gas, electricity, water and such other utilities as may be provided. A storage charge of for in the Park. 27. TERMINATION: 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 (9) l but unused rent, the ile shall be refunded when 1w 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. 28. INDEMNIFICATION: Lessee covenants to indemnify and hold and save Lessor harmless Lessor, 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 of willful misconduct of Lessor shall in no way diminish Lessee's obligations hereunder. 29. 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 California Civil Code Sections 1951.2 et. seq. (10) 30. RECEIPT OF PAP RULES AND REGULATIONS AN*PPLICABLE LAW: Lessee hereby acknowledges receipt of the Mobile Home Park Rules and Regulations 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, and Lessor may terminate this Rental Agreement for said breach as a default pursuant to the laws of the State of California then in effect. 31. ATTORNEYS' FEES: Should either Lessor or Lessee be required to employ counsel to enforce the terms, conditions and covenants of this Rental Agreement, the prevailing party shall recover all reasonable attorneys' fees incurred therein whether or not court proceedings were commenced. 32. TRANSFER OF LESSOR'S INTEREST: In the event Lessor transfers its reversionary interest in the Park, Lessor shall be automatically relieved of any obligations hereunder accruing after the date of such transfer, provided such obligations are assumed in writing by the transferee. 33. GOVERNING LAW: This Rental Agreement shall be governed by and construed pursuant to the laws of the State of California. 34. ENTIRETY: This Rental Agreement and the documents incorporated herein by paragraph 30 contain the entire agreement between the parties. 35. EXECUTION AND ACKNOWLEDGMENT: Lessee acknowledges having read the Rental Agreement and agrees to be bound by all of the terms and conditions herein contained. 36. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized \officers I the day, month and year first above written. LESSEE: name name name ATTEST: City Cler REVIEW D APPROVED: City Administrat r ACKNOWLEDGED: 1�� 721 1, . - - Park Manager for Lessor LESSOR: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California 4L4 !P.. a �- . -- Mayor APPROVED AS TO FORM: ity Attorney I tinier or Services �QXT41i/��� i! ttr-a t nitrtive (12) MOB&OME PARK RULES AND REGUL ONS CITY OF HUNTINGTON BEACH 7051 Ellis Avenue, Huntington Beach, California 92648 1. Residents shall maintain their lots in a neat and orderly fashion and care for the landscaping. If the lot is not properly cared for, the park may have work performed and make appropriate charges. 2. No loud talking, radio, television, or other noise between 10:00 p.m. and 9:00 a.m. or disturbing noises at any time or any place. 3. Automobiles shall be parked in designated places and parking of more than two vehicles, (cars, travel trailers, campers, etc.) requires special arrangements with the management. Streets must be kept clear. 4. Children are not permitted in the service rooms or recreation area unless accompanied by an adult. 5. Management is not responsible for any loss due to fire, accident or theft. 6. Speed limit is 10 MPH on the premises. 7. No towels, bathing suits, rugs, wearing apparel or laundry of any description may be hung outside except in designated areas provided for this purpose. Remove clothes from the lines when they are dry. 8. The rental of a mobilehome lot does not include the privilege of using the space for commercial purposes or for negotiation or sale of automobiles, or other merchandise. No "FOR SALE" signs shall be posted. 9. Use of any spray paint guns or equipment within the park must be first approved in writing by the management. 10. Pets are not allowed within the park unless permission in writing is given by management. 11. No furniture permitted on the patio or porch or in the yard except outdoor patio furniture. No overstuffed furniture, ironing boards, brooms, mops, major appliances, etc., allowed outside mobilehome unless in an approved storage cabinet. No storage permitted under a mobilehome. 12. All mobilehome cabanas, porches, skirting, ramadas, awnings, storage cabinets, fences, windbreaks, or other structures must be approved by the management before construction or installation. 13. All public laws or ordinances shall be obeyed and no acts shall be committed which would constitute a violation or place the management in violation of any of these laws or ordinances. 14. If at any time it is necessary to call the Police or any other enforcement agency notify management of such action as soon as possible. 15. Management reserves the right to restrict the use of the common areas or any park facility as to hours, purposes and conduct. Scheduling of events offered for park residents, of any group thereof, must be first approved by management. 16. Mobilehomes must be equipped with skirting within 45 days after installation, and with atleast one awning within 60 days thereof. 1992j/Pg. 1 17. Mobilehomes and acory structures must be well mai ed, properly painted, clean and waxed at Imes. 18. Residents entertaining visitors or guests at the park shall be responsible for their conduct while on the park premises and shall be responsible for any charges incurred by the visitors or guests. 19. All visitors or guests who remain more than three days, or who use community facilities at any time, must be registered with the park management. No overnight parking of recreation vehicles is allowed. 20. A vehicle washing and maintenance area is not provided. These activities are to be performed on the street or lot parking area. 21. No major appliance such as clothes dryers, air conditioning units, space heaters, etc., may be installed in any mobilehome or upon any mobilehome lot without prior written approval of management. 22. Residents shall deposit all garbage and trash in receptacles provided by management. 23. Mobilehomes within the park may not be transferred or sublet. 24. Management may require the removal of any mobilehome that is unoccupied for more than 120 consecutive days without good reason and written approval of the management. 25. The owner reserves the right to amend, revise and add to the park rules and regulations from time to time at his discretion and in accordance with law. The park rules and regulations are incorporated into the lease or rental agreement by reference. Other: Park Name: �s Manager: Date: C¢ ' Z -- Je 1992j/Pg. 2 ,--Resident's Signatures: t i+ � a �r /,/ J Date U RENTAL AGREEMENT Noss #8 BETWEEN THE CITY OF HUNTINGTON BEACH AND LESSEE FOR SPACE IN OCEAN VT EIA ESTATES 1. PARTIES: This Rental Agreement is made and executed this 2nd Laly June, 1986 1 btu and between the City of Huntington Beach (hereinafter called Lessor), and A. Jean Hoss and Paul Hoss (hereinafter called Lessee). 2. DEMISED PREMISES: Lessor hereby leases to Lessee, and sseJ hereby refits fr��-i Lessor, that certain Lot known as Space 'ado 08 situated in Ocean 'thew Estates located at 7051 Ellis avenue, Huntington Beach, California 926.45. 3. TERM: The ter:,-, of this Rental "c1 eeTerit shall be -or the life of named Lessees, or for the life of the last sL.rv._ving nam: —Ia _,essee set forth herein, and shall end uccn the death or vacat io.-I of the Premises by the last surviving name: Lessee. 4. RENT. Lessee agrees to pay Lessor rent for the emiseu 'Dremises, without deduction, accordinG t;� ?? following Rent Schedule. EAR RENT 1 t160 per month 2 175 1;0 4 205 5 220 6 235 7, and thereafter, a minimum increase of. 7% per year, or that percentage for the previous year as set forth by the Long Beach -Anaheim CFI (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. (1) Said rent shall be p4pable monthly in advance, 9 the first day of each month, plus all other sums, if any, payable hereunder, which additional charges shall be payable within 3?0 days after Lessor renders statements of account therefore. All monies payable hereunder shall be paid by check or money order at the office of the City Treasurer. Under certain circumstances, 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 by management at the beginning of each anniversary year and upon ( (p D ) days notice. Failure to pay new rental amount when due shall terminate tenancy. If the rent is not paid by the loth day of any calendar month, a late charge of t20.00 will be charged to cover Management's costs for additional accounting and collection expenses. Additionally, a handling charge of $10.00 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. (2) 5. SECURITY DEPOSIT Lessee has concurrently osited with Lessor t L (hereinafter called "Deposit"), receipt of which is acknowledged by Lessor, as security for the full and faithful performance of each term, covenant and condition of this Rental Agreement, including without limitation, the payment of rent, repair or damages to premises, and surrender of the premises in clean condition. Lessee further agrees that if the payment of any rent in default or for any other sum for which Lessor may spend or be required to spend by reason of Lessee's default pursuant to the provisions of Section 1950.5 of the California Civil Code. Should Lessor be required to so use or apply the Deposit upon Lessee's default, Lessee shall, on the written demand of Lessor, forthwith remit to Lessor a sufficient amount in cash to restore the Deposit to its original amount, and Lessee's failure to do so within thirty (30) days after receipt of such demand shall constitute a breach of this Rental Agreement. Should Lessee comply with all of the terms, covenants and conditions of this Rental Agreement, including the payment of rent as due, the Deposit or any balance thereof shall be returned to Lessee, without interest, at the end of the term of this Rental Agreement, or upon the earlier termination of this Rental Agreement without Lessee's default. In the event Lessor sells the leased premises, Lessor shall deliver the Deposit to its successor in interest, and shall be discharged from further liability with respect to the Deposit upon notice to the Lessee by registered mail of such transfer and the transferee's name and address. (3) STORAGE LIEN: L ee hereby agrees that th*obilehome 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. 0 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. PERMISSIBLE USE OF LOT: The lot shall be used for a mobilehome, approved by Lessor, to be used as a residence only for the person or persons named in this Agreement as Lessee(s) and for no other persons. 8. MANAGEMENT OF PARK: Lessor shall be represented on the premises by its Park Manager vested with all the legal right and authority to enforce the Rules and Regulations on behalf of Lessor. His or her decision shall be final and binding upon Lessee. 9. LOT MAINTENANCE: (A) In order to protect our mutual investment, Lessees are required to maintain their Lot and mobilehome in a clean, attractive and well kept fashion. Lessees may have storage cabinets to store furniture, trash cans, etc. If a Lessee has an item that cannot be adequately stored in the storage cabinet, it must be removed from the Park. Additionally, Lessees are expressly prohibited from storing anything, other than wheels 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 (4) ~1 or repairs occasioned by neglect or misuse of the Lot shall be paid by the Lessee. 10. LANDSCAPING: (A) All Lessees are required to landscape their Lot in 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. Lessees 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. (B) Most Lessees will want to get their landscaping in as soon as possible, but for the benefit of those who want to put in their own, and have only a day or two a week to complete it, Lessor has set a time limit of ninety (90) days from the date of moving in the mobilehome. If for any valid reason the Lessee cannot complete the landscaping within said period, he/she must obtain a written extension from Lessor. (C) 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. 11. PATIO FURNITURE: Lessor expressly prohibits the use of any furniture on the patio, porch or yard unless it is outdoor patio (5) furniture approved bytessor's Park Manager. No Orstuffed furniture, ironing boards, brooms, mops, etc., are allowed to be stored outside the mobilehome. 12. PETS: (A) Pets, unless previously owned and written permission given by Lessor, are not permitted to be kept in the Park. (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. 13. PEACE AND QUIET: (A) Lessees are entitled to the peaceful enjoyment of their Lot and all Park facilities. Radios, televisions, record players, musical instruments or any other noise that may cause annoyance to Lessees must, therefore, be kept reasonably low, especially after 10:00 P.M. No radio transmitters are allowed in the Park. (B) Loud parties, intoxication, fighting, immoral conduct or children without the supervision of an adult, all of which might be cause for a complaint, are prohibited. 14. tiEHICLE CONTROL: (A) For the safety of the Park Lessees and their guests, Lessor has established and posted a speed limit in the Park, and all Lessees must cooperate in its enforcement. (B) Lessees may park passenger vehicles only on the Lot driveway or other designated areas. Neither Lessees 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 (6) Lil _. - _. - _ - - Manager, whichever is applicable. Visitors may P ark in the designated guest parking areas, or in their host's driveway if space is available. Trailers, boats and recreation 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 unusable or unsightly vehicles will be allowed in the Park or 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. 15. 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. 16. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and, with other refuse, must be placed in the proper containers provided therefor. Sanitary and health laws must be obeyed at all times. 17. LAUNDRY ROOM: Use of laundry facilities is conditioned upon the rules posted in the laundry room, as they are incorporated herein and made a part of this Rental Agreement. However, these posted regulations may be amended at the discretion of Lessor upon sixty (60) days notice. 18. INSPECTION: Lessee states that he/she has fully and completely examined the premises, the streets, laundry, recreational facilities and all other areas open to their use and found their condition as being safe and acceptable. (7) f 19. SUBLETTING AND RE OF MOBILEHOMES: Sublet'gi9 n or the sale of mobilehomes is expressly prohibited hereunder. 20. WRITTEN APPROVAL: References to approval, permission, or authorization of Lessor shall be construed as written approval prior to taking action. 21. COMPLAINTS: All Lessee complaints, except emergencies, must be presented to Lessor's Park Manager in writing during office hours. 22. 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 -lessees 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 Lessees, their guests and families thereof caused by the Lessees or his guest's negligence or misuse of the Park. 23. WAIVER OF DEFAULT: No waiver by Lessor of its right to enforce any provision hereof after any default on the part of (8) 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 of 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. 24. CALIFORNIA CIVIL CODE REQUIREMENTS: (A) California Civil Code Section 789.9 provides: "The - Management of a mobilehome park shall provide tenants with the park rules and regulations and the language of Sections 789.5 to 789.11 inclusive in written form either included within the rules and regulations of the park or in the rental agreement." (B) Pursuant to said Section, Lessor attaches hereto and incorporates by reference the wording of said sections. 25. CONSIDERATION FOR EXECUTION OF LEASE: The consideration of the Rental Agreement shall be the leasing of Space No. �O and the payment of rent and charges for same, subject to the Rental Agreement terms. Lessor hereby acknowledges the receipt of $ from Lessee, which covers the period commencing J U — �J and ending 26. UTILITIES AND OTHER CHARGES: Lessee shall pay for gas, electricity, water and such other utilities as may be provided. storage charge of t 0 /A-- for in the Park. 27. TERMINATION: 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 A (9) but unused rent the to shall be refunded whence 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. 28. INDEMNIFICATION: Lessee covenants to indemnify and hold and save Lessor harmless Lessor, 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 of willful misconduct of Lessor shall in no way diminish Lessee's obligations hereunder. 29. 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 California Civil Code Sections 1951.2 et. seq. (10) 30. RECEIPT OF PARK RULES AND REGULATIONS AND APPLICABLE LAW: Lessee hereby acknowledges receipt of the Mobile Home Park Rules and Regulations 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, and Lessor may terminate this Rental Agreement for said breach as a default pursuant to the laws of the State of California then in effect. 31. ATTORNEYS' FEES: Should either Lessor or Lessee be required to employ counsel to enforce the terms, conditions and covenants of this Rental Agreement, the prevailing party shall recover all reasonable attorneys' fees incurred therein whether or not court proceedings were commenced. 32. TRANSFER OF LESSOR'S INTEREST: In the event Lessor transfers its reversionary interest in the Park, Lessor shall be automatically relieved of any obligations hereunder accruing after the date of such transfer, provided such obligations are assumed in writing by the transferee. 33. GOVERNING LAW: This Rental Agreement shall be governed by and construed pursuant to the laws of the State of California. 34. ENTIRETY: This Rental Agreement and the documents incorporated herein by paragraph 30 contain the entire agreement between the parties. 35. EXECUTION AND ACKNOWLEDGMENT: Lessee acknowledges having read the Rental Agreement and agrees to be bound by all of the terms and conditions herein contained. 36. 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. 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. LESSEE: s� name ,G'•Gctiv� ��✓C1 SS name name ATTEST: City Clerk REVIEWED AND APPROVED: i City Administrato ACKNOWLEDGED: LESSOR: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROVED AS TO FORM: jv-� LZZ;� .3_2,I-,"L City Attorney INITI FDT CTrre'f" of Ac minYstrativ Services (( Park Meager tor Lessor (12) MOBWOME PARK RULES AND REGU IONS CITY OF HUNTINGTON BEACH 7051 Ellis Avenue, Huntington Beach, California 92648 1. Residents shall maintain their lots in a neat and orderly fashion and care for the landscaping. If the lot is not properly cared for, the park may have work performed and make appropriate charges. 2. No loud talking, radio, television, or other noise between 10:00 p.m. and 9:00 a.m. or disturbing noises at any time or any place. 3. Automobiles shall be parked in designated places and parking of more than two vehicles, (cars, travel trailers, campers, etc.) requires special arrangements with the management. Streets must be kept clear. 4. Children are not permitted in the service rooms or recreation area unless accompanied by an adult. 5. Management is not responsible for any loss due to fire, accident or theft. 6. Speed limit is 10 MPH on the premises. 7. No towels, bathing suits, rugs, wearing apparel or laundry of any description may be hung outside except in designated areas provided for this purpose. Remove clothes from the lines when they are dry. 8. The rental of a mobilehome lot does not include the privilege of using the space for commercial purposes or for negotiation or sale of automobiles, or other merchandise. No "FOR SALE" signs shall be posted. 9. Use of any spray paint guns or equipment within the park must be first approved in writing by the management. 10. Pets are not allowed within the park unless permission in writing is given by management. 11. No furniture permitted on the patio or porch or in the yard except outdoor patio furniture. No overstuffed furniture, ironing boards, brooms, mops, major appliances, etc., allowed outside mobilehome unless in an approved storage cabinet. No storage permitted under a mobilehome. 12. All mobilehome cabanas, porches, skirting, ramadas, awnings, storage cabinets, fences, windbreaks, or other structures must be approved by the management before construction or installation. 13. All public laws or ordinances shall be obeyed and no acts shall be committed which would constitute a violation or place the management in violation of any of these laws or ordinances. 14. If at any time it is necessary to call the Police or any other enforcement agency notify management of such action as soon as possible. 15. Management reserves the right to restrict the use of the common areas or any park facility as to hours, purposes and conduct. Scheduling of events offered for park residents, of any group thereof, must be first approved by management. 16. Mobilehomes must be equipped with skirting within 45 days after installation, and with at least one awning within 60 days thereof. 1992j/Pg. 1 _ 17. Mobilehomes and accessory structures must be well maintained, properly painted, clean and waxed at all times. 18. Residents entertaining visitors or guests at the park shall be responsible for their conduct while on the park premises and shall be responsible for any charges incurred by the visitors or guests. 19. All visitors or guests who remain more than three days, or who use community facilities at any time, must be registered with the park management. No overnight parking of recreation vehicles is allowed. 20. A vehicle washing and maintenance area is not provided. These activities are to be performed on the street or lot parking area. 21. No major appliance such as clothes dryers, air conditioning units, space heaters, etc., may be installed in any mobilehome or upon any mobilehome lot without prior written approval of management. 22. Residents shall deposit all garbage and trash in receptacles provided by management. 23. Mobilehomes within the park may not be transferred or sublet. 24. Management may require the removal of any mobilehome that is unoccupied for more than 120 consecutive days without good reason and written approval of --the management. 25. The owner reserves the right to amend, revise and add to the park rules and regulations from time to time at his discretion and in accordance with law. The park rules and regulations are incorporated into the lease or rental agreement by reference. Other: Resident's Signatures: Park Name: Manager:r-t..-�.— Date: Date 1992j/Pg. 2 I Nocella #9 RENTAL AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND LESSEE FOR SPACE IN OCEAN VIEW ESTATES 1. PARTIES: This Rental Agreement is made and executed this 2nd day of June, 1986 , by and between the City of Huntington Beach (hereinafter called Lessor), and Betty and Joseph J. Nocella thereinafter called Lessee). 2. DEMISED PREMISES: Lessor hereby leases to Lessee, and Lessee hereby rents from Lessor, that certain Lot known as Space tic 09 situar_ed in Ocean View Estates located at 7051 Ellis Avenue, Euntington Beach, California 92048. 3. TERM: the term of this Rental Agreement shall >>e far the life of named Lessees, or for the life of the last surviving named Lessee set forth herein, and shall end upon t. :e_ JLa=1_h o-r of the premises by the last surviving named T_esse'e. 4. RENT: Lessee agrees to pay Lessor rent _or the derlLsed pre„raises, without deduction, according to the following Rent Schedule: YEAR RENT 1 :160 per month 2 175 3 1.90 4 205 5 220 6 235 7, and thereafter, a minimum increase of 7% per year, or that percentage for the previous year as set forth by the Long Beach -Anaheim CPI (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. (1) 1 1 i Said rent shall be payable monthly in advance, 9 the first day of each month, plus all other sums, if any, payable hereunder, which additional charges shall be payable within © days after Lessor renders statements of account therefore. All monies payable hereunder shall be paid by check or money order at the office of the City Treasurer. Under certain circumstances, 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 by management at the beginning of each anniversary year and upon ( Cp ) days notice. Failure to pay new rental amount when due shall terminate tenancy. If the rent is not paid by the 10th day of any calendar month, a late charge of t20.00 will be charged to cover Management's costs for additional accounting and collection expenses. Additionally, a handling charge of $10.00 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. (2) 5: SE CURITY DEPOSI� Lessee has concurrently posited with Lessor t A) D A-) F, (hereinafter called "Deposit"), receipt of which is acknowledged by Lessor, as security for the full and faithful performance of each term, covenant and condition of this Rental Agreement, including without limitation, the payment of rent, repair or damages to premises, and surrender of the premises in clean condition. Lessee further agrees that if the payment of any rent in default or for any other sum for which Lessor may spend or be required to spend by reason of Lessee's default pursuant to the provisions of Section 1950.5 of the California Civil Code. Should Lessor be required to so use or apply the Deposit upon Lessee's default, Lessee shall, on the written demand of Lessor, forthwith remit to Lessor a sufficient amount in cash to restore the Deposit to its original amount, and Lessee's failure to do so within thirty (30) days after receipt of such demand shall constitute a breach of this Rental Agreement. Should Lessee comply with all of the terms, covenants and conditions of this Rental Agreement, including the payment of rent as due, the Deposit or any balance thereof shall be returned to Lessee, without interest, at the end of the term of this Rental Agreement, or upon the earlier termination of this Rental Agreement without Lessee's default. In the event Lessor sells the leased premises, Lessor shall deliver the Deposit to its successor in interest, and shall be discharged from further liability with respect to the Deposit upon notice to the Lessee by registered mail of such transfer and the transferee's name and address. (3) I" 6. STORAGE LIEN: L see hereby agrees that thobilehome 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. Q/ 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. PERMISSIBLE USE OF LOT: The lot shall be used for a mobilehome, approved by Lessor, to be used as a residence only for the person or persons named in this Agreement as Lessee(s) and for no other persons. 8. MANAGEMENT OF PARK: Lessor shall be represented on the premises by its Park Manager vested with all the legal right and authority to enforce the Rules and Regulations on behalf of Lessor. His or her decision shall be final and binding upon Lessee. 9. LOT MAINTENANCE: (A) In order to protect our mutual investment, Lessees are required to maintain their Lot and mobilehome in a clean, attractive and well kept fashion. Lessees may have storage cabinets to store furniture, trash cans, etc. If a Lessee has an item that cannot be adequately stored in the storage cabinet, it must be removed from the Park. Additionally, Lessees are expressly prohibited from storing anything, other than wheels 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 (4) or repairs occasioned by neglect or misuse of the Lot shall be paid by the Lessee. 10. LANDSCAPING: (A) All Lessees are required to landscape their Lot in 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. Lessees 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. (B) Most Lessees will want to get their landscaping in as soon as possible, but for the benefit of those who want to put in their own, and have only a day or two a week to complete it, Lessor has set a time limit of ninety (90) days from the date of moving in the mobilehome. If for any valid reason the Lessee cannot complete the landscaping within said period, he/she must obtain a written extension from Lessor. (C) 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. 11. PATIO FURNITURE: Lessor expressly prohibits the use of any furniture on the patio, porch or yard unless it is outdoor patio furniture approved by ossor's Park Manager. No *rstuffed furniture, ironing boards, brooms, mops, etc., are allowed to be stored outside the mobilehome. 12. PETS: (A) Pets, unless previously owned and written permission given by Lessor, are not permitted to be kept in the Park. (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. 13. PEACE AND QUIET: (A) Lessees are entitled to the peaceful enjoyment of their Lot and all Park facilities. Radios, televisions, record players, musical instruments or any other noise that may cause annoyance to Lessees must, therefore, be kept reasonably low, especially after 10:00 P.M. No radio transmitters are allowed in the Park. (B) Loud parties, intoxication, fighting, immoral conduct or children without the supervision of an adult, all of which might be cause -for a complaint, are prohibited. 14. VEHICLE CONTROL: (A) For the safety of the Park Lessees and their guests, Lessor has established and posted a speed limit in the Park, and all Lessees must cooperate in its enforcement. (B) Lessees may park passenger vehicles only on the Lot driveway or other designated areas. Neither Lessees 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 (6) L. ­- - - _ - - - Manager, whichever is Oplicable. Visitors may p in the designated guest -parking areas, or in their host's driveway if space is available. Trailers, boats and recreation 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 unusable or unsightly vehicles will be allowed in the Park or 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. 15. 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. 16. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and, with other refuse, must be placed in the proper containers provided therefor. Sanitary and health laws must be obeyed at all times. 17. LAUNDRY ROOM: Use of laundry facilities is conditioned upon the rules posted in the laundry room, as they are incorporated herein and made a part of this Rental Agreement. However, these posted regulations may be amended at the discretion of Lessor upon sixty (60) days notice. 18. INSPECTION: Lessee states that he/she has fully and completely examined the premises, the streets, laundry, recreational facilities and all other areas open to their use and found their condition as being safe and acceptable. (7) n 19. SUBLETTING AND#1E OF MOBILEH OMES • Subleo9 or the sale of mobilehomes is expressly prohibited hereunder. 20. WRITTEN APPROVAL: References to approval, permission, or authorization of Lessor shall be construed as written approval prior to taking action. 21. COMPLAINTS: All Lessee complaints, except emergencies, must be presented to Lessor's Park Manager in writing during office hours. 22. 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 -lessees 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 Lessees, their guests and families thereof caused by the Lessees or his guest's negligence or misuse of the Park. 23. WAIVER OF DEFAULT: No waiver by Lessor of its right to enforce any provision hereof after any default on the part of (8) Lessee, shall be deeme a waiver of Lessor's righ to enforce each and all of the provisions hereof upon any further or other default on the part of 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. 24. CALIFORNIA CIVIL CODE REQUIREMENTS: (A) California Civil Code Section 789.9 provides: "The Management of a mobilehome park shall provide tenants with the park rules and regulations and the language of Sections 789.5 to 789.11 inclusive in written form either included within the rules and regulations of the park or in the rental agreement." (B) Pursuant to said Section, Lessor attaches hereto and incorporates by reference the wording of said sections. 25. CONSIDERATION FOR EXECUTION OF LEASE: The consideration of the Rental Agreement shall be the leasing of Space No. ocy and the payment of rent and charges for same, subject to the Rental Agreement terms. Lessor hereby acknowledges the receipt of OP t r (p C) \ from Lessee, which covers the period commencing �C>"F--- It lqo co and ending Nr- 3o, igfA - 26. UTILITIES AND OTHER CHARGES: Lessee shall pay for gas, electricity, water and such other utilities as may be provided. A storage charge of t & IA— for NIk in the Park. 27. TERMINATION: 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 (9) but unused rent the ile shall be refunded when -ile 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. 28. INDEMNIFICATION: Lessee covenants to indemnify and hold and save Lessor harmless Lessor, 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 of willful misconduct of Lessor shall in no way diminish Lessee's obligations hereunder. 29. 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 California Civil Code Sections 1951.2 et. seq. (10) 0 30. RECEIPT OF PARK RULES AND REGULATIONS AND APPLICABLE LAW: Lessee hereby acknowledges receipt of the Mobile Home Park Rules and Regulations 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, and Lessor may terminate this Rental Agreement for said breach as a default pursuant to the laws of the State of California then in effect. 31. ATTORNEYS' FEES: Should either Lessor or Lessee be required to employ counsel to enforce the terms, conditions and covenants of this Rental Agreement, the prevailing party shall recover all reasonable attorneys' fees incurred therein whether or not court proceedings were commenced. 32. TRANSFER OF LESSOR'S INTEREST: In the event Lessor transfers its reversionary interest in the Park, Lessor shall be automatically relieved of any obligations hereunder accruing after the date of such transfer, provided such obligations are assumed in writing by the transferee. 33. GOVERNING LAW: This Rental Agreement shall be governed by and construed pursuant to the laws of the State of California. 34. ENTIRETY: This Rental Agreement and the documents incorporated herein by paragraph 30 contain the entire agreement between the parties. 35. EXECUTION AND ACKNOWLEDGMENT: Lessee acknowledges having read the Rental Agreement and agrees to be bound by all of the terms and conditions herein contained. 36. 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. 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. LESSEE: name ATTEST: City er REVIEW D APPROVED: City Administrat r ACKNOWLEDGED: ,--�Park Manager for Lessor LESSOR: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROVED AS TO FORM: City' Attorney I uniet or Services nistrativ (12) MOBIOIOME PARK RULES AND REGUIOONS CITY OF HUNTINGTON BEACH 7051 Ellis Avenue, Huntington Beach, California 92648 1. Residents shall maintain their lots in a neat and orderly fashion and care for the landscaping. If the lot is not properly cared for, the park may have work performed and make appropriate charges. 2. No loud talking, radio, television, or other noise between 10:00 p.m. and 9:00 a.m. or disturbing noises at any time or any place. 3. Automobiles shall be parked in designated places and parking of more than two vehicles, (cars, travel trailers, campers, etc.) requires special arrangements with the management. Streets must be kept clear. 4. Children are not permitted in the service rooms or recreation area unless accompanied by an adult. 5. Management is not responsible for any loss due to fire, accident or theft. 6. Speed limit is 10 MPH on the premises. 7. No towels, bathing suits, rugs, wearing apparel or laundry of any description may be hung outside except in designated areas provided for this purpose. Remove clothes from the lines when they are dry. 8. The rental of a mobilehome lot does not include the privilege of using the space for commercial purposes or for negotiation or sale of automobiles, or other merchandise. No "FOR SALE" signs shall be posted. 9. Use of any spray paint buns or equipment within the park must be first approved in writing by the management. 10. Pets are not allowed within the park unless permission in writing is given by management. 11. No furniture permitted on the patio or porch or in the yard except outdoor patio furniture. No overstuffed furniture, ironing boards, brooms, mops, major appliances, etc., allowed outside mobilehome unless in an approved storage cabinet. No storage permitted under a mobilehome. 12. All mobilehome cabanas, porches, skirting, ramadas, awnings, storage cabinets, fences, windbreaks, or other structures must be approved by the management before construction or installation. 13. All public laws or ordinances shall be obeyed and no acts shall be committed which would constitute a violation or place the management in violation of any of these laws or ordinances. 14. If at any time it is necessary to call the Police or any other enforcement agency notify management of such action as soon as possible. 15. Management reserves the right to restrict the use of the common areas or any park facility as to hours, purposes and conduct. Scheduling of events offered for park residents, of any group thereof, must be first approved by management. 16. Mobilehomes must be equipped with skirting within 45 days after installation, and with at least one awning within 60 days thereof. 1992j/Pg. 1 17. Mobilehomes and acmory structures must be well maimed, properly painted, clean and waxed at a mes. 18. Residents entertaining visitors or guests at the park shall be responsible for their conduct while on the park premises and shall be responsible for any charges incurred by the visitors or guests. 19. All visitors or guests who remain more than three days, or who use community facilities at any time, must be registered with the park management. No overnight parking of recreation vehicles is allowed. 20. A vehicle washing and maintenance area is not provided. These activities are to be performed on the street or lot parking area. 21. No major appliance such as clothes dryers, air conditioning units, space heaters, etc., may be installed in any mobilehome or upon any mobilehome lot without prior written approval of management. 22. Residents shall deposit all garbage and trash in receptacles provided by management. 23. Mobilehomes within the park may not be transferred or sublet. 24. Management may require the removal of any mobilehome that is unoccupied for more than 120 consecutive days without good reason and written approval of the management. 25. The owner reserves the right to amend, revise and add to the park rules and regulations from time to time at his discretion and in accordance with law. The park rules and regulations are incorporated into the lease or rental agreement by reference. Other: esident's Signatures: Park Name: 062-4� Manager:p =_ _ Date: �y �- A" 1,7 'o ate 19 9 2j/Pg. 2 *Bandel #10 RENTAL AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND LESSEE FOR SPACE IN OCEAN VIEW ESTATES 1. PARTIES: This Rental Agreement is made and executed this 2 n d day of June, 1986 by and between the City of Huntington Beach (hereinafter called Lessor), and Helen B. and Donald G. BAndel (hereina''ter called Lessee). 2. DEMISED PREMISES: Lessor hereby leases to Lessee, and 1. 1_: ssee iere'bY rFe T:ts from Lessor, that ertain Lot ';{i:own �as J 10 si tuated ir_ Ocean View Estates 'ocated at 7051 Ellis Avenue, Huntington Leach, California 92643. 3. TERM: The term of this Rental _agreement shall be for the life of -!arced Lessees, or for the life of the last surviving ._a.�.,e- Lessee set forth herein, and shall end uL'on the death or vacatic;n of the oremises by the last surviving names :essee. 4. RENT: Lessen agrees to pay Lessor rent for the demiseJ. ore7:ises, without deduction, acccrdina to the fC:i4'."`wing Ren- YEAR RENT l 160 per month :? 1 7 5 19 0, J 4 205 5 220 6 235 7, and thereafter, a T.inimum increase of 710 per year, or that percentage for the previous year as set forth by the Long Beach -Anaheim CPI (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__amcunt. {l) Said rent shall be payable monthly in advance, 0 the first day of each month, plus all other sums, if any, payable hereunder, which additional charges shall be payable within 3 U days after Lessor renders statements of account therefore. All monies payable hereunder shall be paid by check or money order at the office of the City Treasurer. Under certain circumstances, 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 by management at the beginning of each anniversary year and upon ( Gy ) days notice. Failure to pay new rental amount when due shall terminate tenancy. 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 of $10.00 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. (2) CRrTTRTTPV MPnSZO Lessee has concurrently ikos ited with Lessor (hereinafter called "Deposit"), receipt of which is acknowledged by Lessor, as security for the full and faithful performance of each term, covenant and condition of this Rental Agreement, including without limitation, the payment of rent, repair or damages to premises, and surrender of the premises in clean condition. Lessee further agrees that if the payment of any rent in default or for any other sum for which Lessor may spend or be required to spend by reason of Lessee's default pursuant to the provisions of Section 1950.5 of the California Civil Code. Should Lessor be required to so use or apply the Deposit upon Lessee's default, Lessee shall, on the written demand of Lessor, forthwith remit to Lessor a sufficient amount in cash to restore the Deposit to its original amount, and Lessee's failure to do so within thirty (30) days after receipt of such demand shall constitute a breach of this Rental Agreement. Should Lessee comply with all of the terms, covenants and conditions of this Rental Agreement, including the payment of rent as due, the Deposit or any balance thereof shall be returned to Lessee, without interest, at the end of the term of this Rental Agreement, or upon the earlier termination of this Rental Agreement without Lessee's default. In the event Lessor sells the leased premises, Lessor shall deliver the Deposit to its successor in interest, and shall be discharged from further liability with respect to the Deposit upon notice to the Lessee by registered mail of such transfer and the transferee's name and address. (3) hereby agrees that thOkobilehome 6. STORAGE LIEN: L see y g 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. 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. PERMISSIBLE USE OF LOT: The lot shall be used for a mobilehome, approved by Lessor, to be used as a residence only for the person or persons named in this Agreement as Lessee(s) and for no other persons. 8. MANAGEMENT OF PARK: Lessor shall be represented on the premises by its Park Manager vested with all the legal right and authority to enforce the Rules and Regulations on behalf of Lessor. His or her decision shall be final and binding upon Lessee. 9. LOT MAINTENANCE: (A) In order to protect our mutual investment, Lessees are required to maintain their Lot and mobilehome in a clean, attractive and well kept fashion. Lessees may have storage cabinets to store furniture, trash cans, etc. If a Lessee has an item that cannot be adequately stored in the storage cabinet, it must be removed from the Park. Additionally, Lessees are expressly prohibited from storing anything, other than wheels 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 (4) or repairs occasioned by neglect or misuse of the Lot shall be paid by the Lessee. 10. LANDSCAPING: (A) All Lessees are required to landscape their Lot in 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. Lessees 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. (B) Most Lessees will want to get their landscaping in as soon as possible, but for the benefit of those who want to put in their own, and have only a day or two a week to complete it, Lessor has set a time limit of ninety (90) days from the date of moving in the mobilehome. If for any valid reason the Lessee cannot complete the landscaping within said period, he/she must obtain a written extension from Lessor. (C) 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. 11. PATIO FURNITURE: Lessor expressly prohibits the use of any furniture on the patio, porch or yard unless it is outdoor patio (5) furniture approved by stsor's Park Manager. No *rstuffed furniture, ironing boards, brooms, mops, etc., are allowed to be stored outside the mobilehome. 12. PETS: (A) Pets, unless previously owned and written permission given by Lessor, are not permitted to be kept in the Park. (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. 13. PEACE AND QUIET: (A) Lessees are entitled to the peaceful enjoyment of their Lot and all Park facilities. Radios, televisions, record players, musical instruments or any other noise that may cause annoyance to Lessees must, therefore, be kept reasonably low, especially after 10:00 P.M. No radio transmitters are allowed in the Park. (B) Loud parties, intoxication, fighting, immoral conduct or children without the supervision of an adult, all of which might be cause for a complaint, are prohibited. 14. VEHICLE CONTROL: (A) For the safety of the Park Lessees and their guests, Lessor has established and posted a speed limit in the Park, and all Lessees must cooperate in its enforcement. (B) Lessees may park passenger vehicles only on the Lot driveway or other designated areas. Neither Lessees 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 (6) _...- - _ . Manager, whichever is Oplicable. Visitors may p in the designated guest -parking areas, or in their host's driveway if space is available. Trailers, boats and recreation 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 unusable or unsightly vehicles will be allowed in the Park or 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. 15. 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. 16. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and, with other refuse, must be placed in the proper containers provided therefor. Sanitary and health laws must be obeyed at all times. 17. LAUNDRY ROOM: Use of laundry facilities is conditioned upon the rules posted in the laundry room, as they are incorporated herein and made a part of this Rental Agreement. However, these posted regulations may be amended at the discretion of Lessor upon sixty (60) days notice. 18. INSPECTION: Lessee states that he/she has fully and completely examined the premises, the streets, laundry, recreational facilities and all other areas open to their use and found their condition as being safe and acceptable. (7) 19. SUBLETTING AND 4E OF MOBILEHOMES: SubletOn9 or the sale of mobilehomes is expressly prohibited hereunder. 20. WRITTEN APPROVAL: References to approval, permission, or authorization of Lessor shall be construed as written approval prior to taking action. 21. COMPLAINTS: All Lessee complaints, except emergencies, must be presented to Lessor's Park Manager in writing during office hours. 22. 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 -lessees 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 Lessees, their guests and families thereof caused by the Lessees or his guest's negligence or misuse of the Park. 23. WAIVER OF DEFAULT: No waiver by Lessor of its right to enforce any provision hereof after any default on the part of (8) Lessee, shall be deeme a waiver of Lessor's righ to enforce each and all of the provisions hereof upon any further or other default on the part of 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. 24. CALIFORNIA CIVIL CODE REQUIREMENTS: (A) California Civil Code Section 789.9 provides: "The Management of a mobilehome park shall provide tenants with the park rules and regulations and the language of Sections 789.5 to 789.11 inclusive in written form either included within the rules and regulations of the park or in the rental agreement." (B) Pursuant to said Section, Lessor attaches hereto and incorporates by reference the wording of said sections. 25. CONSIDERATION FOR EXECUTION OF LEASE: The consideration of the Rental Agreement shall be the leasing of Space No. and the payment of rent and charges for same, subject to the Rental Agreement terms. Lessor hereby acknowledges the receipt of $ l/ d© from Lessee, which covers the period commencing �U Air-- , 6:) and ending TU iV 0-1— ©, 26. UTILITIES AND OTHER CHARGES: Lessee shall pay for gas, electricity, water and such !!other utilities as may be provided. A storage charge of !v �fY for &/-A /VIA in the Park. 27. TERMINATION: 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 (9) 1 but unused rent, the ile shall be refunded when *e 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. 28. INDEMNIFICATION: Lessee covenants to indemnify and hold and save Lessor harmless Lessor, 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 of willful misconduct of Lessor shall in no way diminish Lessee's obligations hereunder. 29. 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 California Civil Code Sections 1951.2 et. seq. (10) 30. RECEIPT OF PAP RULES AND REGULATIONS ANOPPLICABLE LAW: Lessee hereby acknowledges receipt of the Mobile Home Park Rules and Regulations 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, and Lessor may terminate this Rental Agreement for said breach as a default pursuant to the laws of the State of California then in effect. 31. ATTORNEYS' FEES: Should either Lessor or Lessee be required to employ counsel to enforce the terms, conditions and covenants of this Rental Agreement, the prevailing party shall recover all reasonable attorneys' fees incurred therein whether or not court proceedings were commenced. 32. TRANSFER OF LESSOR'S INTEREST: In the event Lessor transfers its reversionary interest in the Park, Lessor shall be automatically relieved of any obligations hereunder accruing after the date of such transfer, provided such obligations are assumed in writing by the transferee. 33. GOVERNING LAW: This Rental Agreement shall be governed by and construed pursuant to the laws of the State of California. 34. ENTIRETY: This Rental Agreement and the documents incorporated herein by paragraph 30 contain the entire agreement between the parties. 35. EXECUTION AND ACKNOWLEDGMENT: Lessee acknowledges having read the Rental Agreement and agrees to be bound by all of the terms and conditions herein contained. 36. 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. 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. LESSEE: LESSOR: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California name name name ATTEST: 11 REVIEW AND APPROVED: City Administra or ACKNOWLEDGED: ar anager or Lessor m Mayor APPROVED AS TO FORM: ity Attorney INITIATED AND APP VED: alrief-of nistrative Services I , (12) i� �C ��-..Y'.+n ..�5`•..Ya'4Y�.��` A.:s..��r . l:.c...* � �' ., - ^S"^, g -�'_ .-'i. S.� MOBOOME PARK RULES AND REGASONS CITY OF HUNTINGTON BEACH 7051 Ellis Avenue, Huntington Beach, California 92648 1. Residents shall maintain their lots in a neat and orderly fashion and care for the landscaping. If the lot is not properly cared for, the park may have work performed and make appropriate charges. 2. No loud talking, radio, television, or other noise between 10:00 p.m. and 9:00 a.m. or disturbing noises at any time or any place. 3. Automobiles shall be parked in designated places and parking of more than two vehicles, (cars, travel trailers, campers, etc.) requires special arrangements with the management. Streets must be kept clear. 4. Children are not permitted in the service rooms or recreation area unless accompanied by an adult. 5. Management is not responsible for any loss due to fire, accident or theft. 6. Speed limit is 10 MPH on the premises. 7. No towels, bathing suits, rugs, wearing apparel or laundry of any description may be hung outside except in designated areas provided for this purpose. Remove clothes from the lines when they are dry. 8. The rental of a mobilehome lot does not include the privilege of using the space for commercial purposes or for negotiation or sale of automobiles, or other merchandise. No "FOR SALE" signs shall be posted. 9. Use of any spray paint guns or equipment within the park must be first approved in writing by the management. 10. Pets are not allowed within the park unless permission in writing is given by management. 11. No furniture permitted on the patio or porch or in the yard except outdoor patio furniture. No overstuffed furniture, ironing boards, brooms, mops, major appliances, etc., allowed outside mobilehome unless in an approved storage cabinet. No storage permitted under a mobilehome. 12. All mobilehome cabanas, porches, skirting, ramadas, awnings, storage cabinets, fences, windbreaks, or other structures must be approved by the management before construction or installation. 13. All public laws or ordinances shall be obeyed and no acts shall be committed which would constitute a violation or place the management in violation of any of these laws or ordinances. 14. If at any time it is necessary to call the Police or any other enforcement agency notify management of such action as soon as possible. 15. Management reserves the right to restrict the use of the common areas or any park facility as to hours, purposes and conduct. Scheduling of events offered for park residents, of any group thereof, must be first approved by management. 16. Mobilehomes must be equipped with skirting within 45 days after installation, and with at'least one awning within 60 days thereof. 1992j/Pg. 1 17. Mobilehomes and ac ory structures must be well mai ed, properly painted, clean and waxed at ames. 0 18. Residents entertaining visitors or guests at the park shall be responsible for their conduct while on the park premises and shall be responsible for any charges incurred by the visitors or guests. 19. All visitors or guests who remain more than three days, or who use community facilities at any time, must be registered with the park management. No overnight parking of recreation vehicles is allowed. 20. A vehicle washing and maintenance area is not provided. These activities are to be performed on the street or lot parking area. 21. No major appliance such as clothes dryers, air conditioning units, space heaters, etc., may be installed in any mobilehome or upon any mobilehome lot without prior written approval of management. 22. Residents shall deposit all garbage and trash in receptacles provided by management. 23. Mobilehomes within the park may not be transferred or sublet. 24. Management may require the removal of any mobilehome that is unoccupied for more than 120 consecutive days without good reason and written approval of the management. 25. The owner reserves the right to amend, revise and add to the park rules and regulations from time to time at his discretion and in accordance with law. The park rules and regulations are incorporated into the lease or rental agreement by reference. Other: Resident's Signa Park Name: Manager: Date: t Date 1992j/Pg. 2 + • Dan Bavel #13 RENTAL AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND LESSEE FOR SPACE IN OCEAN VIEW ESTATES 1. PARTIES: This Rental Agreement is made and executed this 2nd day of June, 1986 F by and between the City of Huntington Beach (hereinafter called Lessor), and William C. Van Bavel and Wouterline Van Bavel (hereinafter called Lesser;. 4. DEMISED PREMISES: Lessor hereby leases to Lessee, and `:essee lierehby rents from !,2 3tsor, that certain Lot known as Space NO 13 situated in Ocean View Estates located a' tJ: 1 rl�i kve,nue, Hunti1 jtrjn Beaci), Ca11forn.ia 92648. ,a. TERM: The term of this Rental :agreement shall be for the i �__ Of -:a_;Ce.' Lessees, Or for the i fe of the last SUrVlving named eS e' set ford: ?erei n, 3 ld s'r.all e:td t_:pon t.72 death Or vacatioi .hce re:raises by the last surVlving named Lessee. RENT: Lessee agrees to pay .Lessor rent for the demised premises, without deduction, a^cording to the following Rent Schedule : YEAR RENT 1 $160 per month 2 175 3 190 4 205 5 220 6 235 7, and thereafter, a minimum increase of 7% per year, or that percentage for the previous year as set forth by the Long Beach -Anaheim CPI (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. (1) the first-day of Said rent shall be p yable monthly in advance, each month, plus all other sums, if any, payable hereunder, which additional charges shall be payable within days after Lessor renders statements of account therefore. All monies payable hereunder shall be paid by check or money order at the office of the City Treasurer. Under certain circumstances, 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 by management at the beginning of each anniversary year and upon --� _ CP C-) ) days notice. Failure to pay new rental amount when due shall terminate tenancy. 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 of $10.00 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. (2) -45. SECURITY DEPOSI Lessee has concurrently posited with . Lessor $ N V K) F--- (hereinafter called "Deposit"), receipt of which is acknowledged by Lessor, as security for the full and faithful performance of each term, covenant and condition of this Rental Agreement, including without limitation, the payment of rent, repair or damages to premises, and surrender of the premises in clean condition. Lessee further agrees that if the payment of any rent in default or for any other sum for which Lessor may spend or be required to spend by reason of Lessee's default pursuant to the provisions of Section 1950.5 of the California Civil Code. Should Lessor be required to so use or apply the Deposit upon Lessee's default, Lessee shall, on the written demand of Lessor, forthwith remit to Lessor a sufficient amount in cash to restore the Deposit to its original amount, and Lessee's failure to do so within thirty (30) days after receipt of such demand shall constitute a breach of this Rental Agreement. Should Lessee comply with all of the terms, covenants and conditions of this Rental Agreement, including the payment of rent as due, the Deposit or any balance thereof shall be returned to Lessee, without interest, at the end of the term of this Rental Agreement, or upon the earlier termination of this Rental Agreement without Lessee's default. In the event Lessor sells the leased premises, Lessor shall deliver the Deposit to its successor in interest, and shall be discharged from further liability with respect to the Deposit upon notice to the Lessee by registered mail of such transfer and the transferee's name and address. (3) I'•t 6. STORAGE LIEN: L see hereby agrees that th(kobilehome 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. IS 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. PERMISSIBLE USE OF LOT: The lot shall be used for a mobilehome, approved by Lessor, to be used as a residence only for the person or persons named in this Agreement as Lessee(s) and for no other persons. 8. MANAGEMENT OF PARK: Lessor shall be represented on the premises by its Park Manager vested with all the legal right and authority to enforce the Rules and Regulations on behalf of Lessor. His or her decision shall be final and binding upon Lessee. 9. LOT MAINTENANCE: (A) In order to protect our mutual investment, Lessees are required to maintain their Lot and mobilehome in a clean, attractive and well kept fashion. Lessees may have storage cabinets to store furniture, trash cans, etc. If a Lessee has an item that cannot be adequately stored in the storage cabinet, it must be removed from the Park. Additionally, Lessees are expressly prohibited from storing anything, other than wheels 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 (4) �1 or repairs occasioned by neglect or misuse of the Lot shall be paid by the Lessee. 10. LANDSCAPING: (A) All Lessees are required to landscape their Lot in 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. Lessees 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. (B) Most Lessees will want to get their landscaping in as soon as possible, but for the benefit of those who want to put in their own, and have only a day or two a week to complete it, Lessor has set a time limit of ninety (90) days from the date of moving in the mobilehome. If for any valid reason the Lessee cannot complete the landscaping within said period, he/she must obtain a written extension from Lessor. (C) 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. 11. PATIO FURNITURE: Lessor expressly prohibits the use of any furniture on the patio, porch or yard unless it is outdoor patio (5) furniture approved by *Ssor's Park Manager. No 6rstuffed furniture, ironing boards, brooms, mops, etc., are allowed to be stored outside the mobilehome. 12. PETS: (A) Pets, unless previously owned and written permission given by Lessor, are not permitted to be kept in the Park. (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. 13. PEACE AND QUIET: (A) Lessees are entitled to the peaceful enjoyment of their Lot and all Park facilities. Radios, televisions, record players, musical instruments or any other noise that may cause annoyance to Lessees must, therefore, be kept reasonably low, especially after 10:00 P.M. No radio transmitters are allowed in the Park. (B) Loud parties, intoxication, fighting, immoral conduct or children without the supervision of an adult, all of which might be cause for a complaint, are prohibited. 14. VEHICLE CONTROL: (A) For the safety of the Park Lessees and their guests, Lessor has established and posted a speed limit in the Park, and all Lessees must cooperate in its enforcement. (B) Lessees may park passenger vehicles only on the Lot driveway or other designated areas. Neither Lessees 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 (6) 1 Manager, whichever is Wlicable. Visitors may p in the designated guest -parking areas, or in their host's driveway if space is available. Trailers, boats and recreation 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 unusable or unsightly vehicles will be allowed in the Park or 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. 15. 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. 16. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and, with other refuse, must be placed in the proper containers provided therefor. Sanitary and health laws must be obeyed at all times. 17. LAUNDRY ROOM: Use of laundry facilities is conditioned upon the rules posted in the laundry room, as they are incorporated herein and made a part of this Rental Agreement. However, these posted regulations may be amended at the discretion of Lessor upon sixty (60) days notice. 18. INSPECTION: Lessee states that he/she has fully and completely examined the premises, the streets, laundry, recreational facilities and all other areas open to their use and found their condition as being safe and acceptable. (7) SUBLETTING AND OPE OF MOBILEHOMES: Subleng or the sale of mobilehomes is expressly prohibited hereunder. 20'. WRITTEN APPROVAL: References to approval, permission, or authorization of Lessor shall be construed as written approval prior to taking action. 21. COMPLAINTS: All Lessee complaints, except emergencies, must be presented to Lessor's Park Manager in writing during office hours. 22. 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 -lessees 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 Lessees, their guests and families thereof caused by the Lessees or his guest's negligence or misuse of the Park. 23. WAIVER OF DEFAULT: No waiver by Lessor of its right to enforce any provision hereof after any default on the part of �Q� 1 Lessee, shall be deemeVa waiver of Lessor's righ to enforce each and all of the provisions hereof upon any further or other default on the part of 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. 24. CALIFORNIA CIVIL CODE REQUIREMENTS: (A) California Civil Code Section 789.9 provides: "The - Management of a mobilehome park shall provide tenants with the park rules and regulations and the language of Sections 789.5 to 789.11 inclusive in written form either included within the rules and regulations of the park or in the rental agreement." (B) Pursuant to said Section, Lessor attaches hereto and incorporates by reference the wording of said sections. 25. CONSIDERATION FOR EXECUTION OF LEASE: The consideration of the Rental Agreement shall be the leasing of Space No. I-F and the payment of rent and charges for same, subject to the Rental Agreement terms. Lessor hereby acknowledges the receipt of from Lessee, which covers the period commencing and ending -nl • 12�. 26. UTILITIES AND OTHER CHARGES: Lessee shall pay for gas, electricity, water and such other utilities as may be provided. A storage charge of t .mil. -al. for in the Park. 27. TERMINATION: 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 (9) 1 but unused rent, the fike shall be refunded when *e 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. 28. INDEMNIFICATION: Lessee covenants to indemnify and hold and save Lessor harmless Lessor, 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 of willful misconduct of Lessor shall in no way diminish Lessee's obligations hereunder. 29. 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 California Civil Code Sections 1951.2 et. seq. (10) 30. RECEIPT OF PAO RULES AND REGULATIONS ANPAPPLICABLE LAW: Lessee hereby acknowledges receipt of the Mobile Home Park Rules and Regulations 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, and Lessor may terminate this Rental Agreement for said breach as a default pursuant to the laws of the State of California then in effect. 31. ATTORNEYS' FEES: Should either Lessor or Lessee be required to employ counsel to enforce the terms, conditions and covenants of this Rental Agreement, the prevailing party shall recover all reasonable attorneys' fees incurred therein whether or not court proceedings were commenced. 32. TRANSFER OF LESSOR'S INTEREST: In the event Lessor transfers its reversionary interest in the Park, Lessor shall be automatically relieved of any obligations hereunder accruing after the date of such transfer, provided such obligations are assumed in writing by the transferee. 33. GOVERNING LAW: This Rental Agreement shall be governed by and construed pursuant to the laws of the State of California. 34. ENTIRETY: This Rental Agreement and the documents incorporated herein by paragraph 30 contain the entire agreement between the parties. 35. EXECUTION AND ACKNOWLEDGMENT: Lessee ackn wledges having read the Rental Agreement and agrees to be bound by all of the terms and conditions herein contained. 36. 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. 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. LESSEE: name name name ATTEST: City Clerk ' v REVI AND APPROVED: City Adm—inistratl6r ACKNOWLEDGED: ar anager or Lessor LESSOR: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California 4L,5t Va. W4 v Mayor APPROVED AS TO FORM: ity Attorney INITIATED AND APPgPVED: Chief of-Ta inistrati e Services L -. (12) ..:�k A�;rr7 ``f„�E;•�"4':,b:� i". .. � : ;- 2 �r^Y �1...wyu — �i.�ys .. { MOBII4bME PARK RULES AND REGUL*NS CITY OF HUNTINGTON BEACH 7051 Ellis Avenue, Huntington Beach, California 92648 1. Residents shall maintain their lots in a neat and orderly fashion and care for the landscaping. If the lot is not properly cared for, the park may have work performed and make appropriate charges. 2. No loud talking, radio, television, or other noise between 10:00 p.m. and 9:00 a.m. or disturbing noises at any time or any place. 3. Automobiles shall be parked in designated places and parking of more than two vehicles, (cars, travel trailers, campers, etc.) requires special arrangements with the management. Streets must be kept clear. 4. Children are not permitted in the service rooms or recreation area unless accompanied by an adult. 5. Management is not responsible for any loss due to fire, accident or theft. 6. Speed limit is 10 MPH on the premises. 7. No towels, bathing suits, rugs, wearing apparel or laundry of any description may be hung outside except in designated areas provided for this purpose. Remove clothes from the lines when they are dry. 8. The rental of a mobilehome lot does not include the privilege of using the space for commercial purposes or for negotiation or sale of automobiles, or other merchandise. No "FOR SALE" signs shall be posted. 9. Use of any spray paint guns or equipment within the park must be first approved in writing by the management. 10. Pets are not allowed within the park unless permission in writing is given by management. 11. No furniture permitted on the patio or porch or in the yard except outdoor patio furniture. No overstuffed furniture, ironing boards, brooms, mops, major appliances, etc., allowed outside mobilehome unless in an approved storage cabinet. No storage permitted under a mobilehome. 12. All mobilehome cabanas, porches, skirting, ramadas, awnings, storage cabinets, fences, windbreaks, or other structures must be approved by the management before construction or installation. 13. All public laws or ordinances shall be obeyed and no acts shall be committed which would constitute a violation or place the management in violation of any of these laws or ordinances. 14. If at any time it is necessary to call the Police or any other enforcement agency notify management of such action as soon as possible. 15. Management reserves the right to restrict the use of the common areas or any park facility as to hours, purposes and conduct. Scheduling of events offered for park residents, of any group thereof, must be first approved by management. 16. Mobilehomes must be equipped with skirting within 45 days after installation, and with at least one awning within 60 days thereof. 1992j/Pg. 1 • 17. Mobilehomes and accAry structures must be well main�ed, properly painted, Y clean and waxed at al es. 18. Residents entertaining visitors or guests at the park shall be responsible for their conduct while on the park premises and shall be responsible for any charges incurred by the visitors or guests. 19. All visitors or guests who remain more than three days, or who use community facilities at any time, must be registered with the park management. No overnight parking of recreation vehicles is allowed. 20. A vehicle washing and maintenance area is not provided. These activities are to be performed on the street or lot parking area. 21. No major appliance such as clothes dryers, air conditioning units, space heaters, etc., may be installed in any mobilehome or upon any mobilehome lot without prior written approval of management. 22. Residents shall deposit all garbage and trash in receptacles provided by management. 23. Mobilehomes within the park may not be transferred or sublet. 24. Management may require the removal of any mobilehome that is unoccupied for more than 120 consecutive days without good reason and written approval of the management. 25. The owner reserves the right to amend, revise and add to the park rules and regulations from time to time at his discretion and in accordance with law. The park rules and regulations are incorporated into the lease or rental agreement by reference. Other: Park Name: Manager:_ , _ 22"9 . Date: 1992j/Pg. 2 1, Resident's Signatures: �- Date Ir / • • Hayes #14 RENTAL AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND LESSEE FOR SPACE IN OCEAN VIEW ESTATES 1. PARTIES: This Rental Agreement is made and executed this 2 n d June, 1986 day of by and between she City of Huntington Beach (hereinafter called Lessor), and Mildred A. and Lawrence K. Hayes (hereinafter cal]_ed Lessee). 2. DEMISED PREMISES: Lessor hereby leases to Lessee, and Eessee hereby re -its from Lessor, that Certain Lot known as Space L\;0 14 situated in Ocean View Estates located at 7051 Ellis Avenue, Huntington Beach, California 92643. 3. TERM: Tine :erm of this Rental Ag'f eement shall be 'for the life of named Lessees, or for the life of the last surviving named Lessee set forth herein, and shall end, .lis u p the death or i1C?tlon upon t. of the premises by the last surviving named Lessee. 4. RENT: Lessee agrees to pay Lessor rent for the demised ,Dremis; S, WlthOclt deduction, according t0 the .O110Wirg Rent Sc. hedt. le YEAR RENTM' 1 $160 per month 2 175 3 190 4 205 5 220 6 235 7, and thereafter, a minimum increase of 7% per year, or that percentage for the previous year as set forth by the Long Beach -Anaheim CPI (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. (1) Said rent shall be 11yable monthly in advance, n the first day of each month, plus all other sums, if any, payable hereunder, which additional charges shall be payable within 9 U days after Lessor renders statements of account therefore. All monies payable hereunder shall be paid by check or money order at the office of the City Treasurer. Under certain circumstances, 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 by management at the beginning of each anniversary year and upon 11 XX -� ( CO C) ) days notice. Failure to pay new rental amount when due shall terminate tenancy. 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 of $10.00 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. (2) 5. SECURITY DEPOSILessee has concurrently posited with � Lessor /t)�_. (hereinafter called "Deposit"), receipt of which is acknowledged by Lessor, as security for the full and faithful performance of each term, covenant and condition of this Rental Agreement, including without limitation, the payment of rent, repair or damages to premises, and surrender of the premises in clean condition. Lessee further agrees that if the payment of any rent in default or for any other sum for which Lessor may spend or be required to spend by reason of Lessee's default pursuant to the provisions of Section 1950.5 of the California Civil Code. Should Lessor be required to so use or apply the Deposit upon Lessee's default, Lessee shall, on the written demand of Lessor, forthwith remit to Lessor a sufficient amount in cash to restore the Deposit to its original amount, and Lessee's failure to do so within thirty (30) days after receipt of such demand shall constitute a breach of this Rental Agreement. Should Lessee comply with all of the terms, covenants and conditions of this Rental Agreement, including the payment of rent as due, the Deposit or any balance thereof shall be returned to Lessee, without interest, at the end of the term of this Rental Agreement, or upon the earlier termination of this Rental Agreement without Lessee's default. In the event Lessor sells the leased premises, Lessor shall deliver the Deposit to its successor in interest, and shall be discharged from further liability with respect to the Deposit upon notice to the Lessee by registered mail of such transfer and the transferee's name and address. (3) STORAGE LIEN: L see hereby agrees that th 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. % 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. PERMISSIBLE USE OF LOT: The lot shall be used for a mobilehome, approved by Lessor, to be used as a residence only for the person or persons named in this Agreement as Lessee(s) and for no other persons. 8. MANAGEMENT OF PARK: Lessor shall be represented on the premises by its Park Manager vested with all the legal right and authority to enforce the Rules and Regulations on behalf of Lessor. His or her decision shall be final and binding upon Lessee. 9. LOT MAINTENANCE: (A) In order to protect our mutual investment, Lessees are required to maintain their Lot and mobilehome in a clean, attractive and well kept fashion. Lessees may have storage cabinets to store furniture, trash cans, etc. If a Lessee has an item that cannot be adequately stored in the storage cabinet, it must be removed from the Park. Additionally, Lessees are expressly prohibited from storing anything, other than wheels 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 (4) or repairs occasioned by neglect or misuse of the Lot shall be paid by the Lessee. 10. LANDSCAPING: (A) All Lessees are required to landscape their Lot in 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. Lessees 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. (B) Most Lessees will want to get their landscaping in as soon as possible, but for the benefit of those who want to put in their own, and have only a day or two a week to complete it, Lessor has set a time limit of ninety (90) days from the date of moving in the mobilehome. If for any valid reason the Lessee cannot complete the landscaping within said period, he/she must obtain a written extension from Lessor. (C) 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. 11. PATIO FURNITURE: Lessor expressly prohibits the use of any furniture on the patio, porch or yard unless it is outdoor patio (5) furniture approved by tossor's Park Manager. No Oerstuf fed furniture, ironing boards, brooms, mops, etc., are allowed to be stored outside the mobilehome. 12. PETS: (A) Pets, unless previously owned and written permission given by Lessor, are not permitted to be kept in the Park. (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. 13. PEACE AND QUIET: (A) Lessees are entitled to the peaceful enjoyment of their Lot and all Park facilities. Radios, televisions, record players, musical instruments or any other noise that may cause annoyance to Lessees must, therefore, be kept reasonably low, especially after 10:00 P.M. No radio transmitters are allowed in the Park. (B) Loud parties, intoxication, fighting, immoral conduct or children without the supervision of an adult, all of which might be cause for a complaint, are prohibited. 14. VEHICLE CONTROL: (A) For the safety of the Park Lessees and their guests, Lessor has established and posted a speed limit in the Park, and all Lessees must cooperate in its enforcement. (B) Lessees may park passenger vehicles only on the Lot driveway or other designated areas. Neither Lessees 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 (6) Manager, whichever is Oplicable. Visitors may ®k in the P designated guest parking areas, or in their host's driveway if space is available. Trailers, boats and recreation 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 unusable or unsightly vehicles will be allowed in the Park or 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. 15. 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. 16. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and, with other refuse, must be placed in the proper containers provided therefor. Sanitary and health laws must be obeyed at all times. 17. LAUNDRY ROOM: Use of laundry facilities is conditioned upon the rules posted in the laundry room, as they are incorporated herein and made a part of this Rental Agreement. However, these posted regulations may be amended at the discretion of Lessor upon sixty (60) days notice. 18. INSPECTION: Lessee states that he/she has fully and completely examined the premises, the streets, laundry, recreational facilities and all other areas open to their use and found their condition as being safe and acceptable. (7) 19. SUBLETTING AND OE OF MOBILEHOMES• Subletfin g or the sale of mobilehomes is expressly prohibited hereunder. 20. WRITTEN APPROVAL: References to approval, permission, or authorization of Lessor shall be construed as written approval prior to taking action. 21. COMPLAINTS: All Lessee complaints, except emergencies, must be presented to Lessor's Park Manager in writing during office hours. 22. 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 -lessees 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 Lessees, their guests and families thereof caused by the Lessees or his guest's negligence or misuse of the Park. 23. WAIVER OF DEFAULT: No waiver by Lessor of its right to enforce any provision hereof after any default on the part of (8) Lessee, shall be deemefa waiver of Lessor's right to enforce each and all of the provisions hereof upon any further or other default on the part of 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. 24. CALIFORNIA CIVIL CODE REQUIREMENTS: (A) California Civil Code Section 789.9 provides: "The - Management of a mobilehome park shall provide tenants with the park rules and regulations and the language of Sections 789.5 to 789.11 inclusive in written form either included within the rules and regulations of the park or in the rental agreement." (B) Pursuant to said Section, Lessor attaches hereto and incorporates by reference the wording of said sections. 25. CONSIDERATION FOR EXECUTION OF LEASE: The consideration of the Rental Agreement shall be the leasing of Space No. N— and the payment of rent and charges for same, subject to the Rental Agreement terms. Lessor hereby acknowledges the receipt of C/ from Lessee, which covers the period commencing fJ ti �, and ending ,U, F � a, 26. UTILITIES AND OTHER CHARGES: Lessee shall pay for gas, electricity, water and such other utilities as may be provided. A storage charge of t for in the Park. 27. TERMINATION: 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 (9) but unused rent the i6e shall be refunded when Tile 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. 28. INDEMNIFICATION: Lessee covenants to indemnify and hold and save Lessor harmless Lessor, 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 of willful misconduct of Lessor shall in no way diminish Lessee's obligations hereunder. 29. 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 California Civil Code Sections 1951.2 et. seq. (10) • • 30. RECEIPT OF PARK RULES AND REGULATIONS AND APPLICABLE LAW: Lessee hereby acknowledges receipt of the Mobile Home Park Rules and Regulations 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, and Lessor may terminate this Rental Agreement for said breach as a default pursuant to the laws of the State of California then in effect. 31. ATTORNEYS' FEES: Should either Lessor or Lessee be required to employ counsel to enforce the terms, conditions and covenants of this Rental Agreement, the prevailing party shall recover all reasonable attorneys' fees incurred therein whether or not court proceedings were commenced. 32. TRANSFER OF LESSOR'S INTEREST: In the event Lessor transfers its reversionary interest in the Park, Lessor shall be automatically relieved of any obligations hereunder accruing after the date of such transfer, provided such obligations are assumed in writing by the transferee. 33. GOVERNING LAW: This Rental Agreement shall be governed by and construed pursuant to the laws of the State of California. 34. ENTIRETY: This Rental Agreement and the documents incorporated herein by paragraph 30 contain the entire agreement between the parties. 35. -'a EXECUTION AND ACKNOWLEDGMENT: Lessee acknowledges having read the Rental Agreement and agrees to be bound by all of the terms and conditions herein contained. 36. 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. 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. LESSEE: name name name ATTEST: City er '�Za�' a 6/A/kL REVIE AND APPROVED: City Adm3nistratbr ACKNOWLEDGED: C:��Y ar �—anger or Lessor LESSOR: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROVED AS TO FORM: - az�� 3_2�=dZ ity Attorney IN :;rner or Services rative (12) „_- MOBJOIOME PARK RULES AND REGULOONS CITY OF HUNTINGTON BEACH 7051 Ells Avenue, Huntington Beach, California 92648 1. Residents shall maintain their lots in a neat and orderly fashion and care for the landscaping. If the lot is not properly cared for, the park may have work performed and make appropriate charges. 2. No loud talking, radio, television, or other noise between 10:00 p.m. and 9:00 a.m. or disturbing noises at any time or any place. 3. Automobiles shall be parked in designated places and parking of more than two vehicles, (cars, travel trailers, campers, etc.) requires special arrangements with the management. Streets must be kept clear. 4. Children are not permitted in the service rooms or recreation area unless accompanied by an adult. 5. Management is not responsible for any loss due to fire, accident or theft. 6. Speed limit is 10 MPH on the premises. 7. No towels, bathing suits, rugs, wearing apparel or laundry of any description may be hung outside except in designated areas provided for this purpose. Remove clothes from the lines when they are dry. 8. The rental of a mobilehome lot does not include the privilege of using the space for commercial purposes or for negotiation or sale of automobiles, or other merchandise. No "FOR SALE” signs shall be posted. 9. Use of any spray paint guns or equipment within the park must be first approved in writing by the management. 10. Pets are not allowed within the park unless permission in writing is given by management. 11. No furniture permitted on the patio or porch or in the yard except outdoor patio furniture. No overstuffed furniture, ironing boards, brooms, mops, major appliances, etc., allowed outside mobilehome unless in an approved storage cabinet. No storage permitted under a mobilehome. 12. All mobilehome cabanas, porches, skirting, ramadas, awnings, storage cabinets, fences, windbreaks, or other structures must be approved by the management before construction or installation. 13. All public laws or ordinances shall be obeyed and no acts shall be committed which would constitute a violation or place the management in violation of any of these laws or ordinances. 14. If at any time it is necessary to call the Police or any other enforcement agency notify management of such action as soon as possible. 15. Management reserves the right to restrict the use of the common areas or any park facility as to hours, purposes and conduct. Scheduling of events offered for park residents, of any group thereof, must be first approved by management. 16. Mobilehomes must be equipped with skirting within 45 days after installation, and with at least one awning within 60 days thereof. 1992j/Pg. 1 '17. Mobilehomes and ac�ory structures must be well maii ed, properly painted, ` clean and waxed at a mes. 18. Residents entertaining visitors or guests at the park shall be responsible for their conduct while on the park premises and shall be responsible for any charges incurred by the visitors or guests. 19. All visitors or guests who remain more than three days, or who use community facilities at any time, must be registered with the park management. No overnight parking of recreation vehicles is allowed. 20. A vehicle washing and maintenance area is not provided. These activities are to be performed on the street or lot parking area. 21. No major appliance such as clothes dryers, air conditioning units, space heaters, etc., may be installed in any mobilehome or upon any mobilehome lot without prior written approval of management. 22. Residents shall deposit all garbage and trash in receptacles provided by management. 23. Mobilehomes within the park may not be transferred or sublet. 24. Management may require the removal of any mobilehome that is unoccupied for more than 120 consecutive days without good reason and written approval of the management. 25. The owner reserves the right to amend, revise and add to the park rules and regulations from time to time at his discretion and in accordance with law. The park rules and regulations are incorporated into the lease or rental agreement by reference. Other: Resident's Signat res: _ � • ram- K..� Park Name: Manager: Date: (p •- - % --ice Date 1992j/Pg. 2 Morton/Smith #17 RENTAL AGREEMENT A BETWEEN THE CITY OF HUNTINGTON BEACH AND LESSEE FOR SPACE IN OCEAN VIEW ESTATES 1. PARTIES: This Rental Agreement is made and executes. this 2nd day of June, 1986 by and between the City of Huntington Beach (hereinafter called Lessor), and Helen Morton Smith, Elma Fay and Robert C. Morton (hereinafter called Lessee). 2. DEMISED PREMISES: Lessor hereby leases to Lessee, <3:.d Lessee hereby rents frc--m Lessor, that certain Lot known as : oace No 17 situated in Ocean View Estates locate:, at 705i -!I—'s Avenue, Huntington Beach, California 92648. 3. TER}g: The term of this Rental agreement shall be for the life of named Lessees, or for the life of the last su'rvivinq named Le.ss-'e set forth herein, and shall end: upon the deat:^. or %;7-Cation t:,k? premises by the last surviving named Lessee. 4. R.E T: Lessee agrees to pay Lessor rent for the demised premises, without deduction, according to the following Rent Schedule: YEAR REN I' 1 $160 per month 2 175 3 1°0 4 205 5 220 6 235 7, and thereafter, a minimum increase of 7% per year, or that percentage for the previous year as set forth by the Long Beach -Anaheim CPI (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. (1) Said rent shall be Pable monthly in advance, 0 the first day of each month, plus all other sums, if any, payable hereunder, which additional charges shall be payable within d days after Lessor renders statements of account therefore. All monies payable hereunder shall be paid by check or money order at the office of the City Treasurer. Under certain circumstances, 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 by management at the beginning of each anniversary year and upon ( CQ V ) days notice. Failure to pay new rental amount when due shall terminate tenancy. 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 of $10.00 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. (2) 5. SEC URITY DEPOSI10 Lessee has concurrently posited with Lessor $ b (hereinafter called "Deposit"), receipt of which is acknowledged by Lessor, as security for the full and faithful performance of each term, covenant and condition of this Rental Agreement, including without limitation, the payment of rent, repair or damages to premises, and surrender of the premises in clean condition. Lessee further agrees that if the payment of any rent in default or for any other sum for which Lessor may spend or be required to spend by reason of Lessee's default pursuant to the provisions of Section 1950.5 of the California Civil Code. Should Lessor be required to so use or apply the Deposit upon Lessee's default, Lessee shall, on the written demand of Lessor, forthwith remit to Lessor a sufficient amount in cash to restore the Deposit to its original amount, and Lessee's failure to do so within thirty (30) days after receipt of such demand shall constitute a breach of this Rental Agreement. Should Lessee comply with all of the terms, covenants and conditions of this Rental Agreement, including the payment of rent as due, the Deposit or any balance thereof shall be returned to Lessee, without interest, at the end of the term of this Rental Agreement, or upon the earlier termination of this Rental Agreement without Lessee's default. In the event Lessor sells the leased premises, Lessor shall deliver the Deposit to its successor in interest, and shall be discharged from further liability with respect to the Deposit upon notice to the Lessee by registered mail of such transfer and the transferee's name and address. (3) 6. STORAGE LIEN: L see hereby agrees that th obilehome 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. 7 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. PERMISSIBLE USE OF LOT: The lot shall be used for a mobilehome, approved by Lessor, to be used as a residence only for the person or persons named in this Agreement as Lessee(s) and for no other persons. 8. MANAGEMENT OF PARK: Lessor shall be represented on the premises by its Park Manager vested with all the legal right and authority to enforce the Rules and Regulations on behalf of Lessor. His or her decision shall be final and binding upon Lessee. 9. LOT MAINTENANCE: (A) In order to protect our mutual investment, Lessees are required to maintain their Lot and mobilehome in a clean, attractive and well kept fashion. Lessees may have storage cabinets to store furniture, trash cans, etc. If a Lessee has an item that cannot be adequately stored in the storage cabinet, it must be removed from the Park. Additionally, Lessees are expressly prohibited from storing anything, other than wheels 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 (4) or repairs occasioned by neglect or misuse of the Lot shall be paid by the Lessee. 10. LANDSCAPING: (A) All Lessees are required to landscape their Lot in 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. Lessees 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. (B) Most Lessees will want to get their landscaping in as soon as possible, but for the benefit of those who want to put in their own, and have only a day or two a week to complete it, Lessor has set a time limit of ninety (90) days from the date of moving in the mobilehome. If for any valid reason the Lessee cannot complete the landscaping within said period, he/she must obtain a written extension from Lessor. (C) 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. 11. PATIO FURNITURE: Lessor expressly prohibits the use of any furniture on the patio, porch or yard unless it is outdoor patio furniture approved by Asor's Park Manager. No I*rstuffed furniture, ironing boards, brooms, mops, etc., are allowed to be stored outside the mobilehome. 12. PETS: (A) Pets, unless previously owned and written permission given by Lessor, are not permitted to be kept in the Park. (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. 13. PEACE AND QUIET: (A) Lessees are entitled to the peaceful enjoyment of their Lot and all Park facilities. Radios, televisions, record players, musical instruments or any other noise that may cause annoyance to Lessees must, therefore, be kept reasonably low, especially after 10:00 P.M. No radio transmitters are allowed in the Park. (B) Loud parties, intoxication, fighting, immoral conduct or children without the supervision of an adult, all of which might be cause for a complaint, are prohibited. 14. VEHICLE CONTROL: (A) For the safety of the Park Lessees and their guests, Lessor has established and posted a speed limit in the Park, and all Lessees must cooperate in its enforcement. (B) Lessees may park passenger vehicles only on the Lot driveway or other designated areas. Neither Lessees 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 (6) Manager, whichever is taplicable. �1 Visitors may A in the designated guest parking areas, or in their host's driveway if space is available. Trailers, boats and recreation 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 unusable or unsightly vehicles will be allowed in the Park or 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. 15. 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. 16. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and, with other refuse, must be placed in the proper containers provided therefor. Sanitary and health laws must be obeyed at all times. 17. LAUNDRY ROOM: Use of laundry facilities is conditioned upon the rules posted in the laundry room, as they are incorporated herein and made a part of this Rental Agreement. However, these posted regulations may be amended at the discretion of Lessor upon sixty (60) days notice. 18. INSPECTION: Lessee states that he/she has fully and completely examined the premises, the streets, laundry, recreational facilities and all other areas open to their use and found their condition as being safe and acceptable. (7) 19. SUBLETTING AND E OF MOBILEHOMES: Sublet ng or the sale of mobilehomes is expressly prohibited hereunder. 20. WRITTEN APPROVAL: References to approval, permission, or authorization of Lessor shall be construed as written approval prior to taking action. 21. COMPLAINTS: All Lessee complaints, except emergencies, must be presented to Lessor's Park Manager in writing during office hours. 22. 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 -lessees 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 Lessees, their guests and families thereof caused by the Lessees or his guest's negligence or misuse of the Park. 23. WAIVER OF DEFAULT: No waiver by Lessor of its right to enforce any provision hereof after any default on the part of (8) Lessee, shall be deeme a waiver of Lessor's right to enforce each and all of the provisions hereof upon any further or other default on -the part of 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. 24. CALIFORNIA CIVIL CODE REQUIREMENTS: (A) California Civil Code Section 789.9 provides: "The - Management of a mobilehome park shall provide tenants with the park rules and regulations and the language of Sections 789.5 to 789.11 inclusive in written form either included within the rules and regulations of the park or in the rental agreement." (B) Pursuant to said Section, Lessor attaches hereto and incorporates by reference the wording of said sections. 25. CONSIDERATION FOR EXECUTION OF LEASE: The consideration of the Rental Agreement shall be the leasing of Space No. / 7 and the payment of rent and charges for same, subject to the Rental Agreement terms. Lessor hereby acknowledges the receipt of $ from Lessee, which covers the period _ t p commencing J (� ti (p and ending C� N r- 3e, (0 6 26. UTILITIES AND OTHER CHARGES: Lessee shall pay for gas, electricity, water and such other utilities as may be provided. A storage charge of $ �i �-- for /y in the Park. 27. TERMINATION: 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 (9) but unused rent, the ike shall be refunded when ee 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. 28. INDEMNIFICATION: Lessee covenants to indemnify and hold and save Lessor harmless Lessor, 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 of willful misconduct of Lessor shall in no way diminish Lessee's obligations hereunder. 29. 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 California Civil Code Sections 1951.2 et. seq. (10) • • 30. RECEIPT OF PARK RULES AND REGULATIONS AND APPLICABLE LAW: Lessee hereby acknowledges receipt of the Mobile Home Park Rules and Regulations 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, and Lessor may terminate this Rental Agreement for said breach as a default pursuant to the laws of the State of California then in effect. 31. ATTORNEYS' FEES: Should either Lessor or Lessee be required to employ counsel to enforce the terms, conditions and covenants of this Rental Agreement, the prevailing party shall recover all reasonable attorneys' fees incurred therein whether or not court proceedings were commenced. 32. TRANSFER OF LESSOR'S INTEREST: In the event Lessor transfers its reversionary interest in the Park, Lessor shall be automatically relieved of any obligations hereunder accruing after the date of such transfer, provided such obligations are assumed in writing by the transferee. 33. GOVERNING LAW: This Rental Agreement shall be governed by and construed pursuant to the laws of the State of California. 34. ENTIRETY: This Rental Agreement and the documents incorporated herein by paragraph 30 contain the entire agreement between the parties. 35. EXECUTION AND ACKNOWLEDGMENT: Lessee acknowledges having read the Rental Agreement and agrees to be bound by all of the terms and conditions herein contained. 36. 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. 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. LESSEE: name name ATTEST: City Cler rr REVIEWED AND APPROVED: City Administrator ACKNOWLEDGED: ,.��/Park MAnager for Lessor LESSOR: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California 4'va'YZ✓1 Y � w Mayor APPROVED AS TO FORM: jx'-� 2 � .3_21_,rC ity Attorney (12) MOBIJWOME PARK RULES AND REGULWNS ITY OF HUNTINGTON BEACH 7051 Ellis Avenue, Huntington Beach, California 92648 1. Residents shall maintain their lots in a neat and orderly fashion and care for the landscaping. If the lot is not properly cared for, the park may have work performed and make appropriate charges. 2. No loud talking, radio, television, or other noise between 10:00 p.m. and 9:00 a.m. or disturbing noises at any time or any place. 3. Automobiles shall be parked in designated places and parking of more than two vehicles, (cars, travel trailers, campers, etc.) requires special arrangements with the management. Streets must be kept clear. 4. Children are not permitted in the service rooms or recreation area unless accompanied by an adult. 5. Management is not responsible for any loss due to fire, accident or theft. 6. Speed limit is 10 MPH on the premises. 7. No towels, bathing suits, rugs, wearing apparel or laundry of any description may be hung outside except in designated areas provided for this purpose. Remove clothes from the lines when they are dry. 8. The rental of a mobilehome lot does not include the privilege of using the space for commercial purposes or for negotiation or sale of automobiles, or other merchandise. No "FOR SALE" signs shall be posted. 9. Use of any spray paint guns or equipment within the park must be first approved in writing by the management. 10. Pets are not allowed within the park unless permission in writing is given by management. 11. No furniture permitted on the patio or porch or in the yard except outdoor patio furniture. No overstuffed furniture, ironing boards, brooms, mops, major appliances, etc., allowed outside mobilehome unless in an approved storage cabinet. No storage permitted under a mobilehome. 12. All mobilehome cabanas, porches, skirting, ramadas, awnings, storage cabinets, fences, windbreaks, or other structures must be approved by the management before construction or installation. 13. All public laws or ordinances shall be obeyed and no acts shall be committed which would constitute a violation or place the management in violation of any of these laws or ordinances. 14. If at any time it is necessary to call the Police or any other enforcement agency notify management of such action as soon as possible. 15. Management reserves the right to restrict the use of the common areas or any park facility as to hours, purposes and conduct. Scheduling of events offered for park residents, of any group thereof, must be first approved by management. 16. Mobilehomes must be equipped with skirting within 45 days after installation, and with at least one awning within 60 days thereof. 1992j/Pg. 1 17. Mobilehomes and a ory structures must be well maned, properly painted, *aimes. clean and waxed at 18. Residents entertaining visitors or guests at the park shall be responsible for their conduct while on the park premises and shall be responsible for any charges incurred by the visitors or guests. 19. All visitors or guests who remain more than three days, or who use community facilities at any time, must be registered with the park management. No overnight parking of recreation vehicles is allowed. 20. A vehicle washing and maintenance area is not provided. These activities are to be performed on the street or lot parking area. 21. No major appliance such as clothes dryers, air conditioning units, space heaters, etc., may be installed in any mobilehome or upon any mobilehome lot without prior written approval of management. 22. Residents shall deposit all garbage and trash in receptacles provided by management. 23. Mobilehomes within the park may not be transferred or sublet. 24. Management may require the removal of any mobilehome that is unoccupied for more than 120 consecutive days without good reason and written approval of --the management. 25. The owner reserves the right to amend, revise and add to the park rules and regulations from time to time at his discretion and in accordance with law. The park rules and regulations are incorporated into the lease or rental agreement by reference. Other: Resident's Siqnatures: Park Name: Manager: Date: - 2 Date 1992j/Pg. 2 % 0 • Wabbel #16 RENTAL AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND LESSEE FOR SPACE IN OCEAN VIEW ESTATES 1. PARTIES: This Rental Agreement is made and executed this 2nd day of June, 1986 , by and between the City of Huntington Beach (hereinafter called Lessor), and Robert E. Wabbel (hereinafter called Lessee). 2. DEMISED PREMISES: Lessor hereby leases to Lessee, and Lessee hereby rents from Lessor, that certain Lot known as Space No 16 situated in Ocean View Estates located at 7051 Ellis Avenue, Huntington Beach, California 92648. 3. TERM: The term of this Rental Agreement shall be for the life of named Lessees, or for the life of the last surviving named Lessee set forth herein, and shall end upon the death or vacation of the premises by the last surviving named Lessee. 4. RENT: Lessee agrees to pay Lessor rent for the demised premises, without deduction, according to the following Rent Schedule: YEAR RENT 1 $160 per month 2 175 3 190 4 205 5 220 6 235 7, and thereafter, a minimum increase of 7% per year, or that percentage for the previous year as set forth by the Long Beach -Anaheim CPI (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. (1) Said rent shall be Dyable monthly in advance, 0 the first day of each month, plus all other sums, if any, payable hereunder, which additional charges shall be payable within J 6 days after Lessor renders statements of account therefore. All monies payable hereunder shall be paid by check or money order at the office of the City Treasurer. Under certain circumstances, 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 by management at the beginning of each anniversary year and upon days notice. Failure to pay new rental amount when due shall terminate tenancy. 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 of $10.00 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. (2) 5. SECURITY DEPOSIT: Lessee has concurrently deposited with N Lessor $ 6(A) A-7 -- (hereinafter called "Deposit"), receipt of which is acknowledged by Lessor, as security for the full and faithful performance of each term, covenant and condition of this Rental Agreement, including without limitation, the payment of rent, repair or damages to premises, and surrender of the premises in clean condition. Lessee further agrees that if the payment of any rent in default or for any other sum for which Lessor may spend or be required to spend by reason of Lessee's default pursuant to the provisions of Section 1950.5 of the California Civil Code. Should Lessor be required to so use or apply the Deposit upon Lessee's default, Lessee shall, on the written demand of Lessor, forthwith remit to Lessor a sufficient amount in cash to restore the Deposit to its original amount, and Lessee's failure to do so within thirty (30) days after receipt of such demand shall constitute a breach of this Rental Agreement. Should Lessee comply with all of the terms, covenants and conditions of this Rental Agreement, including the payment of rent as due, the Deposit or any balance thereof shall be returned to Lessee, without interest, at the end of the term of this Rental Agreement, or upon the earlier termination of this Rental Agreement without Lessee's default. In the event Lessor sells the leased premises, Lessor shall deliver the Deposit to its successor in interest, and shall be discharged from further liability with respect to the Deposit upon notice to the Lessee by registered mail of such transfer and the transferee's name and address. (3) 6. 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. _ /(> 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. PERMISSIBLE USE OF LOT: The lot shall be used for a mobilehome, approved by Lessor, to be used as a residence only for the person or persons named in this Agreement as Lessee(s) and for no other persons. 8. MANAGEMENT OF PARK: Lessor shall be represented on the premises by its Park Manager vested with all the legal right and authority to enforce the Rules and Regulations on behalf of Lessor. His or her decision shall be final and binding upon Lessee. 9. LOT MAINTENANCE: (A) In order to protect our mutual investment, Lessees are required to maintain their Lot and mobilehome in a clean, attractive and well kept fashion. Lessees may have storage cabinets to store furniture, trash cans, etc. If a Lessee has an item that cannot be adequately stored in the storage cabinet, it must be removed from the Park. Additionally, Lessees are expressly prohibited from storing anything, other than wheels 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 (4) or repairs occasioned by neglect or misuse of the Lot shall be paid by the Lessee. 10. LANDSCAPING: (A) All Lessees are required to landscape their Lot in 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. Lessees 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. (B) Most Lessees will want to get their landscaping in as soon as possible, but for the benefit of those who want to put in their own, and have only a day or two a week to complete it, Lessor has set a time limit of ninety (90) days from the date of moving in the mobilehome. If for any valid reason the Lessee cannot complete the landscaping within said period, he/she must obtain a written extension from Lessor. (C) 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. 11. 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, etc., are allowed to be stored outside the mobilehome. 12. PETS: (A) Pets, unless previously owned and written permission given by Lessor, are not permitted to be kept in the Park. (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. 13. PEACE AND QUIET: (A) Lessees are entitled to the peaceful enjoyment of their Lot and all Park facilities. Radios, televisions, record players, musical instruments or any other noise that may cause annoyance to Lessees must, therefore, be kept reasonably low, especially after 10:00 P.M. No radio transmitters are allowed in the Park. (B) Loud parties, intoxication, fighting, immoral conduct or children without the supervision of an adult, all of which might be cause for a complaint, are prohibited. 14. VEHICLE CONTROL: (A) For the safety of the Park Lessees and their guests, Lessor has established and posted a speed limit in the Park, and all Lessees must cooperate in its enforcement. (B) Lessees may park passenger vehicles only on the Lot driveway or other designated areas. Neither Lessees nor their visitors may park any vehicle on another Lessee's lot or vacant lot without the express permission of that Lessee or Le'ssor's Park (6) 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 recreation 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 unusable or unsightly vehicles will be allowed in the Park or 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. 15. 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. 16. GARBAGE AND TRASH DISPOSAL: All garbage must be wrapped and, with other refuse, must be placed in the proper containers provided therefor. Sanitary and health laws must be obeyed at all times. 17. LAUNDRY ROOM: Use of laundry facilities is conditioned upon the rules posted in the laundry room, as they are incorporated herein and made a part of this Rental Agreement. However, these posted regulations may be amended at the discretion of Lessor upon sixty (60) days notice. 18. INSPECTION: Lessee states that he/she has fully and completely examined the premises, the streets, laundry, recreational facilities and all other areas open to their use and found their condition as being safe and acceptable. (7) 0 • 19. SUBLETTING AND SALE OF MOBILEHOMES: Subletting or the sale of mobilehomes is expressly prohibited hereunder. 20. WRITTEN APPROVAL: References to approval, permission, or authorization of Lessor shall be construed as written approval prior to taking action. 21. COMPLAINTS: All Lessee complaints, except emergencies, must be presented to Lessor's Park Manager in writing during office hours. 22. 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 -lessees 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 Lessees, their guests and families thereof caused by the Lessees or his guest's negligence or misuse of the Park. 23. WAIVER OF DEFAULT: No waiver by Lessor of its right to enforce any provision hereof after any default on the part of (8) 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 of 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. 24. CALIFORNIA CIVIL CODE REQUIREMENTS: (A) California Civil Code Section 789.9 provides: "The Management of a mobilehome park shall provide tenants with the park rules and regulations and the language of Sections 789.5 to 789.11 inclusive in written form either included within the rules and regulations of the park or in the rental agreement." (B) Pursuant to said Section, Lessor attaches hereto and incorporates by reference the wording of said sections. 25. CONSIDERATION FOR EXECUTION OF LEASE: The consideration of the Rental Agreement shall be the leasing of Space No.> and the payment of rent and charges for same, subject to the Rental Agreement terms. Lessor hereby acknowledges the receipt of t from Lessee, which covers the period commencing �[>/U1� and ending /%16 26. UTILITIES AND OTHER CHARGES: Lessee shall pay for gas, electricity, water and such other utilities as may be provided. A storage charge of N 14- for / in the Park. 27. TERMINATION: 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 (9) 0 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. 28. INDEMNIFICATION: Lessee covenants to indemnify and hold and save Lessor harmless Lessor, 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 of willful misconduct of Lessor shall in no way diminish Lessee's obligations hereunder. 29. 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 California Civil Code Sections 1951.2 et. seq. (10) 30. RECEIPT OF PARK RULES AND REGULATIONS AND APPLICABLE LAW: Lessee hereby acknowledges receipt of the Mobile Home Park Rules and Regulations 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, and Lessor may terminate this Rental Agreement for said breach as a default pursuant to the laws of the State of California then in effect. 31. ATTORNEYS' FEES: Should either Lessor or Lessee be required to employ counsel to enforce the terms, conditions and covenants of this Rental Agreement, the prevailing party shall recover all reasonable attorneys' fees incurred therein whether or not court proceedings were commenced. 32. TRANSFER OF LESSOR'S INTEREST: In the event Lessor transfers its reversionary interest in the Park, Lessor shall be automatically relieved of any obligations hereunder accruing after the date of such transfer, provided such obligations are assumed in writing by the transferee. 33. GOVERNING LAW: This Rental Agreement shall be governed by and construed pursuant to the laws of the State of California. 34. ENTIRETY: This Rental Agreement and the documents incorporated herein by paragraph 30 contain the entire agreement between the parties. 35. EXECUTION AND ACKNOWLEDGMENT: Lessee acknowledges having read the Rental Agreement and agrees to be bound by all of the terms and conditions herein contained. 36. 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. 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. LESSEE: LESSOR: CITY OF HUNTINGTON BEACH, A municipal corporation ��Gt! of the State of California ame name name ATTEST: City Clerk G0� REVIE ND APPROVED: City —Admin-istratot ACKNOWLEDGED: Park -Manager tor Lessor L4=61 V� Mayor , APPROVED AS TO FORM: jx,-4 2L_Z�� ity Attorney INI rii e t o t Services niitrativ (12) • MOBIJOME PARK RULES AND REGUL NS ITY OF HUNTINGTON BEACH 7051 Ellis Avenue, Huntington Beach, California 92648 1. Residents shall maintain their lots in a neat and orderly fashion and care for the landscaping. If the lot is not properly cared for, the park may have work performed and make appropriate charges. 2. No loud talking, radio, television, or other noise between 10:00 p.m. and 9:00 a.m. or disturbing noises at any time or any place. 3. Automobiles shall be parked in designated places and parking of more than two vehicles, (cars, travel trailers, campers, etc.) requires special arrangements with the management. Streets must be kept clear. 4. Children are not permitted in the service rooms or recreation area unless accompanied by an adult. 5. Management is not responsible for any loss due to fire, accident or theft. 6. Speed limit is 10 MPH on the premises. 7. No towels, bathing suits, rugs, wearing apparel or laundry of any description may be hung outside except in designated areas provided for this purpose. Remove clothes from the lines when they are dry. 8. The rental of a mobilehome lot does not include the privilege of using the space for commercial purposes or for negotiation or sale of automobiles, or other merchandise. No "FOR SALE" signs shall be posted. 9. Use of any spray paint guns or equipment within the park must be first approved in writing by the management. 10. Pets are not allowed within the park unless permission in writing is given by management. 11. No furniture permitted on the patio or porch or in the yard except outdoor patio furniture. No overstuffed furniture, ironing boards, brooms, mops, major appliances, etc., allowed outside mobilehome unless in an approved storage cabinet. No storage permitted under a mobilehome. 12. All mobilehome cabanas, porches, skirting, ramadas, awnings, storage cabinets, fences, windbreaks, or other structures must be approved by the management before construction or installation. 13. All public laws or ordinances shall be obeyed and no acts shall be committed which would constitute a violation or place the management in violation of any of these laws or ordinances. 14. If at any time it is necessary to call the Police or any other enforcement agency notify management of such action as soon as possible. 15. Management reserves the right to restrict the use of the common areas or any park facility as to hours, purposes and conduct. Scheduling of events offered for park residents, of any group thereof, must be first approved by management. 16. Mobilehomes must be equipped with skirting within 45 days after installation, and with at least one awning within 60 days thereof. 1992j/Pg. 1 ` 17. Mobilehomes and actsory structures must be well mai -fined, properly painted, clean and waxed at all times. 18. Residents entertaining visitors or guests at the park shall be responsible for their conduct while on the park premises and shall be responsible for any charges incurred by the visitors or guests. 19. All visitors or guests who remain more than three days, or who use community facilities at any time, must be registered with the park management. No overnight parking of recreation vehicles is allowed. 20. A vehicle washing and maintenance area is not provided. These activities are to be performed on the street or lot parking area. 21. No major appliance such as clothes dryers, air conditioning units, space heaters, etc., may be installed in any mobilehome or upon any mobilehome lot without prior written approval of management. 22. Residents shall deposit all garbage and trash in receptacles provided by management. 23. Mobilehomes within the park may not be transferred or sublet. 24. Management may require the removal of any mobilehome that is unoccupied for more than 120 consecutive days without good reason and written approval of --the management. 25. The owner reserves the right to amend, revise and add to the park rules and regulations from time to time at his discretion and in accordance with law. The park rules and regulations are incorporated into the lease or rental agreement by reference. Other: Res eA 1 �'�-- Park Name/ Manager: Date: Z 1992j/Pg. 2 i� Lee. REQUESP FOR CITY COUNCIL ACTION Date June 19, 1989 Submitted to: Honorable Mayor and City Council Submitted by: Paul E. Cook, City Administrator Prepared by: Douglas N. La Belle, Deputy City Administrator v Economic Development Subject: APPRO Y CITY COUNC. OCEAN VIEW ESTATES I IMPROVEMENTS 6 _ . -6 19 Consistent with Council Policy? Yes [ ] New Policy or Excep i ' a"� — _ CITY CLERK Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, At achments: IL STATEMENT OF ISSUE• Authorize and appropriate $47,000. for improvements to the original twelve (12) mobilehome spaces at Ocean View Estates Moblehome park to conform to the construction standards provided to Driftwood residents relocated to this park RECOMMENDATION: Recommend that the City Council appropriate $47,000 to upgrade the original coach pads at Ocean View Estates. ANALYSIS: Pursuant to the Driftwood Mobilehom A i i i.n anc. Relocation Agreement, the coach pa s constructed at Ocean View Estates for the re ooEat~ion of Driftwood residents must conform to specific design standards. The requirements include 65' x 12' driveways and awnings and a provision for hardscape and fencing comparable to that which the individual homeowner enjoyed at Driftwood. The hardscape (concrete walks and patios) has been provided on a case by case basis, however, cedar fencing has been installed for all relocated Driftwood residents to provide a uniform appearance to the new park. One of the original residents of Ocean View Estates Mobilehome Park has subsequently requested that comparable improvements be provided to the twelve (12) existing pads. The Driftwood Homeowner's Association has also requested that all existing chain link fences be removed and replaced by cedar fencing or masonry view fence as appropriate. The replacement fencing requested would necessarily be provided on an individual basis since some of the original residents have indicated that they wish to maintain their existing chain link fence. Attached is a cost estimate submitted by the Public works Department for improvements. l( P10 5/85 ALTERNATIVE ACTION: 1. Appropriate all or a portion of the requested funds for upgrades. 2. Deny the request for improvements. FUNDING SOURCE: 1989/90 Capital Improvement Budget. ATTACHMENTS 1. Cost Estimate 2. Letter from Mr. Everette Brake 3. Letter from Mr. Paul Cook, City Administrator DLB:SRH:ss RCA - 6/19/89 -2- (2903d) April 26, 1989 Mr. Paul Cook City Manager Huntington,Beach, Calif Dear Sir: This letter is to b:�ing to your attention an unacceptable and totally unfair propiem. Since the new mobile homes began ' moving in from Driftwood 1X.H.P. this month iL has come to light the amenities they are getting and no doubt deserve. Remember these mobile homes are part of our ocean View Estates Park. In fact several are being placed inside of our present sraces. This problem could be resolved if the following would be offered to the original 12 mobile home owners who moved and had dedicated Ocean View Estates in 1986. (1) Extend and widen driveways to conform what was done to the vacant. sraces inside our park. ('42") Provide 350 Sq Ft. or less of concrete walks and patios. (3) Provide side fencing where needed as being done in new spaces. These are the main bones of contention at this time. The Redevolopment Funds are there. There is a lot of anger and resentment building up, over this problem. This is a fair request and am asking for early approval while crews for these projects are working in the Park. Sincerely, 17 71 Everett E. brake 847-1412 Ocean View Estates 7051 Ellis Ave. Space #1 Huntington Preach, Ca. 92648 City of Huntington Beach 2000 MAIN STREET CALIFORNIA92648 OFFICE OF THE CITY ADMINISTRATOR May 3, 1989 Mr. Everett E. Brake 7051 Ellis Avenue Huntington Beach, CA 92648 Dear Mr. Brake: Thank you for your letter communicating the concerns of the current residents at Ocean View Estates regarding the amenities provided to new residents. In response to your concerns, I have asked Doug La Belle of my staff to coordinate with the Public Works Department on the preparation of a cost estimate for construction of the requested improvements. After evaluation, a report and recommendation will be submitted for City Council action. Again, thank you for your communication. Please feel free to contact either Doug La Belle or myself at (714) 536-5582 with any additional comments or questions. Sincerely, Paul E. Cook City Administrator xc: City Council Members Lou Sandoval, Director of Public Works PEC/SRH:lab Telephone (714) 536-5202 (2617d) Tit; SUSAN HUNT FROM: JACK MILLER 0 5 / ir/39 is ' R E: ; M R . E v t R E T -r B I ,. A K E;> LETTER OF APRIL 26, 9 3 9 cy P•l l a MR. COOKS RESPONSE ESoONSE c F i Ar3,1989, ADDITIONAL IMPROVEMENTS TO T -E SPACES IN THE ORIGINAL PHASE �f THE OCEAN VIEW ESTATES MOBILE HOME PARK. THE r"OLL.OIWING ARE ITEMS? AND THEIR ESTIMATED COST TO PLACE II°I(='RO"dt:ME1NTS AT THE ORIGINAL SPACES WITHIN THE MOBILE HOME PARK TO UPGRADE SOMEWHAT TO THE STANDARDS OF T HE SPACES CONSTRUCTED FOR THE RELOCATION OF THE DRIFTWOOD RESIDENTS. 1, INCREASE WIDTH AND LENGTH OF 12 ASPHALT DRIVEWAYS. (The a01CJi.nt of r'2iTIovals, relocations and site preparations will greatly influence the cost.) Y 6,000 to $ 12,000 2. PROVIDE 350 SQUARE FEET OF CONCRETE WALK AND PATIO. AT 12 LOCATIONS (The amount of removals, relocations and site preparation will greatly influence the cost,) $ 10,000 to $ 20,000 3. PROVIDE SIDE WOOD FENCING C The amount. of site preparation that !�! t-� to allow would need t. CJ done 'i 1 c: 4`! f C'7 r' construction will influence the.. cost of the work1 1{ �0I ! 5,( I 1 . ,i G �.. �: ;��; :t f ii C. (original TOTAL Mr. Breaks tenant:) request ............. . , ..... $ 26,000 to $ 47,000 THIS ESTIMATE MUST E.E. QUALIFIED AS THE ACTUAL COSTS WILL BE SO GREATLY INFLUENCED BY THE REMOVALS, RELOCATIONS AND SITE PREPARATIONS. EXISTING SHEDS, FENCES, AWNINGS, .F') ` Cu' Ifr , r I .. WILL REQUIRE HANDLING OR REPLACEMENT. A DETERMINATION NEEDS TO EE 11A1)E AS TO WHICH PARTY W I L L 8E RESPONSIBLE t`0R !hHAT. UPON THAT DECISION A SPACE BY SPACE INVENTORY AND AGREEMENT WITH THE^ TENANT WOULD NEED TO BE MADE IN ORDER TO PREPARE A REALISTIC COST ESTIMATE. HOWEVER IT CAN ;fit ANTICIPATED - TO a,� Ifs IHE R.At'.GE A 5 0 of E c THE DRIFTWOOD OWNERS ASSOCIATION WILL MOST L_II<:J"LY BE CONTACTIING THE ORIGINAL OWNERS TO GET SUPPORT FOR THE REMOVAL OF THE CHAIN Li-NIs: FENCE AND TriE.Ir. REPLACEMENT WITH ,, DIFFERENT KTi,ir, 0I- FENCING AND WILL SUPPORT CIF NOT INSIST) ON THE: ADDITIONAL WORK REQUESTED C1rc -rHi`. GJr:.If;INAL_ St•AL.r_S, 35. EXECUTION AND ACKNOWLEDGMENT: Lessee acknowledges having read the Rental Agreement and agrees to be bound by all of the terms and conditions herein contained. 36. 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. 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. LESSEE: name name name A T: City Clerk REyJZWi0 AND APY, ED: oe 10 City Administrator ACKNOWLEDGED: � Par-k Manager for Lessor LESSOR: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California 44 Va. Mayor APPROVED AS TO FO City Attorney L sr' IATM,, AND APPROVED: Services (12) nistrativ or +� 17. Mobilehomes and adsory structures must be well maimed, properly painted, clean and waxed at all times. 18. Residents entertaining visitors or guests at the park shall be responsible for their conduct while on the park premises and shall be responsible for any charges incurred by the visitors or guests. 19. All visitors or guests who remain more than three days, or who use community facilities at any time, must be registered with the park management. No overnight parking of recreation vehicles is allowed. 20. A vehicle washing and maintenance area is not provided. These activities are to be performed on the street or lot parking area. 21. No major appliance such as clothes dryers, air conditioning units, space heaters, etc., may be installed in any mobilehome or upon any mobilehome lot without prior written approval of management. 22. Residents shall deposit all garbage and trash in receptacles provided by management. 23. Mobilehomes within the park may not be transferred or sublet. 24. Management may require the removal of any mobilehome that is unoccupied for more than 120 consecutive days without good reason and written approval of the management. 25. The owner reserves the right to amend, revise and add to the park rules and regulations from time to time at his discretion and in accordance with law. The park rules and regulations are incorporated into the lease or rental agreement by reference. Other: Resident's Signatures: Park Name: Manager: l Date: Date 1992j/Pg. 2