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Home My WebLink AboutCLINTON MOBILE ESTATES, INC.' INSURANCE NOT RE¢UIRED WORK MAY PROCEED 0 : c DA (2) CLERK OF COUNCIL ~r~~ p~uil~r DA?Et !- i~F-off November 1, 2008 N-2009-003 Storage Agreement for Clinton Mobile Estates, Inc, 1300 Clinton Street, Santa Ana, California 92703 Dear City of Santa Ana: This Storage Agreement shall confirm the offer City of Santa Ana ("Retailer", "you" or "your") has extended to occupy manufactured home space 38 at Clinton Mobile Estates, Inc. ("Park"), on the following terms: You agree to the following conditions for Storage and rental for the space (subject to the remaining provisions of this Storage Agreement): Proposed Date Retailer Installs Mobilehome: Already installed Full Monthly Market Space Rent and Storage Value: $761.24 Retailer Monthly Pay-Rate Storage Value: $761.24 Beginning 3/1/04 Late Rent Fee: $50 on the 6"' of any given month) Customer (Tenant) Space Rent Year One: $975 Retailer and customer to pay all utilities from lease inception including gas, electric, water, sewer, and trash. o ,t ,....ii ..a e ,.~.:io~,. ~:.,~.t.,dv,..~17 ~,.wo ,.,.. _a • au~~~ u_a~~] 4n 4r,o n .~n4n~~ ~i~~! ~n«annn °Y"'b• 4. We retain our normal tenant acceptance criteria, which will not be unreasonably withheld. 5. You shall be responsible to comply with lot line setbacks and park utilities restrictions and to locate such utilities prior to commencing any digging. 6. Retailer will perform such maintenance on the mobilehome and space as needed in order to conform with the Park's Rules and Regulations. 7. Retailer agrees to market the mobilehome in the Park and not to remove the mobilehome from the space. 8. The parties agree, as part of the consideration for this Agreement, that except for any action initiated in any small claims court, any dispute or controversy whatsoever that may arise between them in the future relating to this Agreement shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association then in effect the parties agree that the place of arbitration shall be the county in which the park is located, and the prevailing party shall be entitled to reasonable attorney's fees. 9. You agree to indemnify and hold us and any Clinton Mobile Estates, inc. owner or employee harmless from any and all costs, expenses, claims or liabilities that may be caused by the installation of any mobilehome at the above described space, and for any and all acts or omissions of your employees or agents arising out of the performance of your duties and obligations under this Agreement, including but not limited to any and all claims, demands, injuries or causes of action which may be brought against us or any Clinton Mobile Estates, Inc. owner, together with all costs and expenses (including reasonable attorney's fees) incurred by us or any Clinton Mobile Estates, Inc. owner on account of same. 10. Retailer shall not delegate any work to be performed under this Agreement without the prior written consent of Clinton Mobile Estates, Inc.. 11. This Agreement shall be governed by the laws of the State of California, and if any term, provision, or condition of this Agreement shall be determined to be unenforceable or invalid, the remainder of the Agreement shall not be affected thereby, and shall remain in full force and effect. 12. Any notice required or permitted under Agreement may be given by certified or registered mail, return-receipt requested, at the following addresses: Clinton Mobile Estates, Inc. 1300 N. Clinton Street, Space 1 Santa Ana, CA 92703 C/O Vadette Mariscal Retailer: City of Santa Ana Santa Ana, California 13. Retailer and Clinton Mobile Estates, Inc. agree that this Agreement and any documents referred to herein constitute the entire agreement as negotiated between the parties pertaining to the subject matter contained in it, and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties, whether expressed in writing or implied by conduct. Further, Retailer and Clinton Mobile Estates, Inc. agree that this is a negotiated agreement, and any interpretation of it shall be deemed to have been written by both parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver shall be binding unless executed in writing by the party making the waiver. This Agreement shall not be altered or modified or amended except in writing properly executed by Retailer and Vadette Mariscal or John Grant of Clinton Mobile Estates, Inc.. This Agreement is intended to insure to the benefit of each Park Owner as a third party beneficiary. 14. This Agreement shall terminate upon the earliest of (i) the sale of the home to a Resident (acceptable to the Park) who has executed all applicable tenancy documents; or (ii) one year from the date hereof; or (iii) a default by Retailer. Upon the termination of this Agreement under clauses (ii) or (iii) of the immediately preceding sentence, Retailer shall remove the mobilehome from the Park within ten (10) days upon the request of the Park. 15. Retailer shall be deemed in "default" under this Agreement upon written notice from Clinton Mobile Estates, Inc. of a default of any covenant, condition or term hereof by Retailer which Retailer fails to cure within fifteen (15) days from the date of said notice. 16. (Reserved) 17. Retailer hereby declazes under penalty of perjury that neither it nor any of its employees or agents has or will accept or give any commission, rebate, consideration or gratuity of any kind in excess of $1,000 from or to any person or entity doing business with, or any employee or agent, of Clinton Mobile Estates, Inc., any park owner or tenant, and that Retailer's sole entitlement shall be as set forth in this Agreement, unless specifically agreed to in writing in by Vadette Mariscal or John Grant of Clinton Mobile Estates, Inc., as to each specific matter. 18. New resident must make application to the park, become park approved and complete park interview prior to close of escrow. Resident must execute all required documents (i.e. Lease agreement, rules and regulations, etc.) prior to moving into said mobilehome. 19. This agreement will be null and void unless signed by Retailer and received Clinton Mobile Estates, Inc. by 5:00 p.m. within seven (7) business days from date of execution by Clinton Mobile Estates, Inc.. 20. Retailer to include proper amperage pedestal for new home (home must be downgraded to 50 amps for Park 50 amp electrical system). If needed, retailer to pull proper permit for change of pedestal and provide copies of permit and proper pedestal within (30) days of installation of said model home (See attached Manufactured Home Park Guidelines). 21. Retailer to install a "hard start kit" to each pedestal for each new model home. 22. Maximum of one 2'h ton AC unit per mobile home and it must be rear surface grounded at the back of the space and be 12 SEER efficiency. Air conditioner must be wired to the mobile home panel instead of the pedestal. The air conditioner must be equipped with a "quick start" system. 23. No four bedroom homes are allowed. Maximum number of bedrooms is three. 24. A 60 day notice is required to terminate this agreement prior to one year expiration. (VADETTE~MARISCAL OR JOHN GRANT) OFNCLINTON MOB E EOSTATE ~PR~VED AGENT Clinton Mobile Estates, Inc. By.' j te: ~ l~ d d Print Name: ~~~ S ~ ~ Title: ~~ ~Q~~-d`r~ Retailer: ~ ~ ate:I'Iu- __---v ~ Print Name: l.(/[l~.l NG~1i1V1L ~1~,~ Title: i,~ ~1'fLU^s_~~ APPROVED AS TOFF-O-RM ' LISA ~ ORC pssistartt City Attorney A PATRICIA E. MEALY CLERK OF TNf COUNCIL