5.Remodel or repaint the exterior of the mobilehome as the Park may require so that it meets Park standards;
|6. Make such alterations to the space as the Park may require;|
|7. Properly drain the space so no puddles form under to mobilehome or on the space;|
|8. Completely "skirt" the entire mobilehome, porch and steps with skirting that is coordinated with the mobilehome;|
|9. Install approved railings around any porches or platforms more than thirty (30) inches high;|
|10. Cover all porches or stairs with approved "indoor/outdoor" carpeting or other floor covering as the Park may require; and|
|11. Install, replace or repair the driveway, parking areas or walkways at the space.|
|10.06 Except in extreme circumstances, installation of awnings and carport covers, must be completed within 60 days after completion of setup of the replacement mobilehome.|
Except in extreme circumstances, installation of awnings and carport covers, must be completed within 60 days after completion of setup of the replacement mobilehome.
Permission for pets in residences may be revoked at any time for violation of following rules and regulations pertaining to pets:
Pets shall be kept in the followingmanner:
(a) All state laws and local ordinances must be observed (i.e. leash laws, City dog license "ID" tags);
(b) California Health and Safety Code requires that pets NOT be allowed on the streets, in utility buildings, or in any of the recreational areas, or in and about the clubhouse;
(c) Canine and feline animals shall be registered with the park management;
(d) The yard where the pet is kept must be kept clean of pet droppings;
(e) No building or structure may be constructed or maintained for housing the pet outside the residence;
(f) The pet may be walked if it is on a leash which is no longer than six (6) feet;
(g) Any droppings from the animal while going to and from the residence must be picked up immediately and disposed of in your own garbage container;
(h) No more than two pets are allowed per space. Maximum height of each animal is 24" to the shoulders. Attack dogs are strictly prohibited. No pit bulls, Rottweilers, American Staffordshire terriers, chows, or Doberman pinschers are allowed, whether full or in any part, such breed. No illegal, exotic, poisonous, or dangerous pets are permitted. Pets may not be left outside the mobilehome unattended, whether tied and secured or not.
Pets belonging to guests and visitors are subject to all the above rules.
None of the foregoing rules shall be applied or construed to interfere with the keeping of a guide, signal, or service dog or animal which has been trained and certified for the assistance of a homeowner or resident who is disabled or handicapped as defined by Civil Code section 54.1. Management may require written proof of certification of training for such an animal. Such an animal is not defined as a pet, but shall be properly cared for as required by these rules and regulations for pets, and shall not be permitted by its owner to cause any nuisance, or conduct itself in any manner unsafe or detrimental to the health, safety, or quiet enjoyment or rights of others.
SALES OF MOBILEHOMES AND SUBLEASES
12.01 At least thirty (30) days prior to the advertisement of sale or listing a mobilehome for sale with a selling agent, written notice of the intended sale must be given to Management. This notice shall contain a statement whether the mobilehome and accessories are to be sold and left on the lot and, if the sale is to be handled by an agent, the name of the agency and the person in that agency who will handle the sale.
12.02 It is the policy of the Management and the requirement of California Civil Code section 798 to permit sales of mobilehomes and accessory structures and improvements without requiring removal from the park, providing the mobilehome meets the standards of California Health and Safety Code. The Management reserves the right to enforce these requirements regarding structural, electrical, plumbing and heating standards, including any proposed upgrading of the mobilehome, and to proceed as permitted by Civil Code section 798.
12.03 Except for those homes occupied by non-owner residents that rented rather than owned the homes they occupy as of July 31, 2000, all residents of the Park shall be required to own and occupy their mobilehomes in the Park as their principal place of residency, and shall not be permitted to sublease their mobilehomes. All new residents shall be required to sign a certificate stating their intent to own and occupy their mobilehome in the Park as their principal place of residency prior to execution of a Rental Agreement (See 13.08). Management may grant limited exceptions to the owner occupancy requirement and permit rental of mobile homes by Resident Households for a maximum of six (6) months (with two (2) three (3) month extensions for good cause) in the event of hardship circumstances requiring an resident to temporarily vacate the mobilehome (hardship policy to be maintained in the park office and incorporated herein by this reference), provided the resident intends in good faith to re-occupy the mobilehome at the end of such time period. The Management shall obtain owner occupancy certificates annually from new and existing residents. "Principal place of Residency" shall mean the principal residence of the resident as claimed for property and income tax purposes.
A temporary occupant of the park shall be required to comply with all rules and regulations. Failure to observe the rules whether intentional or not, the person or persons can be required by Management to vacate the park premises. A temporary occupant shall be subject to all enforcement provisions by Management as provided by law.
All occupants in any and all mobilehomes shall be registered with the park office.
REQUIREMENTS ON DEPARTURE OF RESIDENT
Upon the passing or permanent departure of the last resident of the household who is 55years of age or more, the requirements under this rule and regulation shall become applicable and remain in effect until the inception date of a succeeding tenancy approved by park management (as reflected by mutual execution of a new rental agreement for the homesite). In such event:
a. Pre-existing residents of the departing resident, and in the case of death of the resident, who are heir(s) or personal representatives of the deceased resident, may continue to physically occupy the mobilehome for a "grace period" of a maximum of six (6) months while making "best efforts" (as defined below) to sell the mobilehome to a third party. If the mobilehome is not sold by the end of the 6 month period, management may be requested to allow, for good cause shown, up to two (2) additional 90 day extensions in order to sell the mobilehome without legal action and without prejudice to a legal action for restitution of the premises. Additional reasonable efforts by such residents must by then have been made to produce a sale, such as by reducing the price sought for the mobilehome. After the expiration of such grace period(s), residents may continue to offer the mobilehome for sale but must have physically and permanently vacated the mobilehome and surrendered possession of the homesite to the management. The rights granted under this paragraph, for occupation and sale of the mobilehome are expressly conditioned on the performance of each of the following terms;
i. All of the previous resident’s responsibilities and liabilities to the management regarding rent, utilities, and other charges of the tenancy are timely paid on the first of the month in advance as they accrue. Civil Code 798.78 shall apply in the event of decease. However, payment by such residents shall be construed as a "storage charge" (to maintain the right of sale of the mobilehome on the homesite as defined below) or rent on behalf of the estate (and not rent from the hold over occupants) because a tenancy cannot be established with such residents due to inability to comply with 55 year age requirement;
ii. The mobilehome and the homesite are reasonably maintained pursuant to the rental agreement including the rules and regulations.
iii. No prospective resident shall take possession of the mobilehome except after approval by the management of the new purchaser, in writing and after close of escrow. Failure to comply shall entitle management to declare termination and breach and seek all remedies. Prospective resident is required to become the registered owner of the mobilehome.
iv. Payment made pursuant to this rule and regulation is a "storage charge" and solely compensation for storage and right to maintain the ability to sell the mobilehome on the homesite, month to month, and shall under no circumstances be construed as rent or evidence of the intention, agreement, or acquiescence to the establishment or renewal of a mobilehome tenancy; no mobilehome tenancy is created by receipt of monies by management, nor shall such receipt affect any demand, suit or claim. Increases in such storage charges may be made in accordance with the park schedule for rent adjustments.
v. "Best efforts" must be used to sell the mobilehome. Such occupying residents or heir(s) or representative(s) shall at all times during this agreement; maintain an active listing agreement with a licensed real estate broker or dealer of choice to offer the mobilehome for sale; maintain the mobilehome, exterior and interior, in neat and clean retail saleable condition and appearance; cooperate with the listing agent(s); and, negotiate in good faith for the sale of the mobilehome.
vi. In the event of any breach or default, Management may pursue all rights under law, including public sale of the mobilehome.
CIVIL CODE NOTICE
The following notice is provided for the information of the resident and resident, and is required to be provided for residential rental agreements. For the convenience of mobilehome owners, this notice is also included herein. "The California Department of Justice, sheriff’s departments, police departments serving jurisdictions of 200,000 or more and many other local law enforcement authorities maintain for public access a data base of the locations of persons required to register pursuant to paragraph (1) of subdivision (a) of 290.4 of the Penal Code. The data base is updated on a quarterly basis and a source of information about the presence of these individuals in any neighborhood. The Department of Justice also maintains a Sex Offender Identification Line through which inquiries about individuals may be made. This is a "900" telephone service. Callers must have specific information about individuals they are checking. Information regarding neighborhoods is not available through the "900" telephone service." The law further provides that based on this notification, the lessor (owner and management), seller, or broker is not required to provide information in addition to that contained in the notice regarding the proximity of registered sex offenders; the information in the notice shall be deemed to be adequate to inform the lessee or transferee about the existence of a statewide data base of the locations of registered sex offenders and information from the data base regarding those locations. The information in the notice shall not give rise to any cause of action against the disclosing party by a registered sex offender. PLEASE NOTE: Owner and management are permitted to investigate the ability of the prospective resident to pay rent and to comply with the rules and regulations of the Community pursuant to Civil Code 798.74. Residents and residents are therefore encouraged to further investigate in this regard to the extent deemed necessary and appropriate.
The zoning of the park is R3-6. There is a conditional use permit issued by Union City — permit number UP-2-69. There is no known expiration date. The park is not located on leased land.
16.01 Management will charge a reasonable fee for services relating to the maintenance of the land and premises upon which a mobilehome is situated in the event the resident fails to maintain the land or premises in accordance with the rules and regulations of the park after written notification to the resident and the failure of the resident to comply within 14 days. The written notice will state the specific condition to be corrected and a reasonable estimate of the charges to be imposed by Management if the services are performed by Management or an agent or contractor. Management and resident agree that the estimate or amount actually billed for any work performed by any licensed contractor on behalf of Management, when or after permitted under the terms of a fourteen day notice, are conclusively reasonable and fair. Such charges may be billed on the first of the month following completion of the work performed under the terms of the Fourteen (14) day notice and collected as further rent at the option of the Management.
Residents must comply with all terms, conditions and provisions of the rental agreement in force between the resident and Management.
Residents must obey all city, countyand state laws.
17.03 Connecting and disconnecting of any or all utilities between the utility pedestal on each lot and the mobilehome shall be done only by a licensed contractor or authorized employee of the contractor or a utility company. Reports of utility trouble will be made to Management or the park office.
California State Health and Safety Code requires that the pad area directly beneath the mobilehome be kept clean and free of refuse, rubbish or other impediments and that it cannot be used for storage.
17.05 No open fire for the purpose of burning any consumable is permitted anywhere in the park. Barbecues are permitted only if continually attended during use and are in a container designed and approved for such purpose.
No sale other than moving or estate sales will be permitted in the park. Permission for such sales by residents must be obtained from Management 14 days prior to the event.
In addition to the above rules andregulations, residents need permission from the Management for the following:
1. Changing, installing, deleting or removing any landscaping, walkways or driveways;
2. Replacing the mobilehome currently upon the lot with any other mobilehome
3. Erecting any fences, carports, awnings, cabanas, flagpoles or other structures of any kind, whether permanent or temporary;
4. Keeping or maintaining any furniture, furnishings, appliances, equipment, or anything else of any kind outside of the mobilehome;
5.Installing a washer, dryer, air conditioner or any other major appliance.
17.08 The park was purchased by a non-profit corporation and financed with tax-exempt bonds and other governmental assistance. One of the Park’s obligations is to provide evidence of continuing qualification for property tax exemption and other cost saving programs. Therefore, in the mutual interest of management and all residents, the following certifications will be conducted annually. Cooperation from each resident is mandatory.
1. All residents must provide Park Management with a completed Income Certification Form, which will confirm personal income and other demographic information. Each certification form must be returned within 7 days of receipt. Income Certifications shall not be unnecessarily disclosed to any third parties, i.e. to persons who are not employees or agents of the non-profit owner, unless required by Court order or other authority or legal obligation. Such certification will be needed annually.
2. All residents must provide Park Management with an Owner Occupancy Certification Form. The resident shall certify that they are the legal owner of the
home and occupy the home as their permanent residence. The non-profit wants the Park to display a "pride of ownership" which can only be obtained if the homes in the Park are owner occupied.
The summaries and analyses of income certifications will be compiled and used in preparing tax exemption applications and applications for other cost saving programs. Management has relied on the Income Certification supplied by residents in determining qualification for occupancy; and material misstatement in the certification (whether or not intentional) may be cause for immediate termination. Failure to cooperate with the annual recertification process will also provide grounds for termination.
17.09 The resident herein covenants by and for the resident and resident’s heirs, personal representatives and assigns and all persons claiming under the resident or through the resident that these rules are made subject to the condition that there shall be no discrimination against or segregation of any person or of a group of persons on account of race, color, religion, creed, disability, sex, sexual orientation, marital status, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the land herein leased nor shall the resident or any person claiming under or through the resident establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the land herein leases.
18.01 For any guest who stays with resident more than a total of twenty (20) consecutive days or a total of thirty (30) days in a calendar year (hereinafter "grace period"), resident may be charged: (i) a guest charge of Ten-dollars ($10.00) per day, per guest, each day following the expiration of such grace period; (ii) or a monthly guest charge of $300.00 per month, per guest following the expiration of such grace period. Management may use either one of the foregoing calculation methods separately or apply them together. Payment is due and owing on the first of the month for charges then accrued to date (together with payment of the monthly rent and as further rent) following the expiration of the grace period, and on each first day of the month thereafter, while applicable. Management may charge the monthly guest fee one month in advance in addition to any accrued balance due.
18.02 No such charge will be imposed if the Guest is an immediate family member of resident (as set forth in Civil Code Section 798.35) or if the Guest is sharing resident’s mobilehome pursuant to Civil Code Section 798.34. If resident fails to pay a billed guest charge, demand to cure the default may be made by a combined or separate three day notice to pay the demanded amount and sixty day notice to quit and remove the mobilehome from the premises as permitted by the Mobilehome Residency Law (Civil Code Section 798.55). This provision shall also be construed as a covenant of tenancy or amendment to the rental agreement. The amount of the guest charges may be increased on 90 days advance written notice.
18.03 Before any additional person (other than the ones listed on the last page of resident’s rental agreement) may stay longer than the grace period and/or is permitted to reside with resident, resident must insure that such person comply with the following: (1) register with park Management; (2) execute all other documents then required by Management. However, no such person or registered guest will have any rights of tenancy in the Park.
18.04 Resident agrees to acquaint all guests with the terms, covenants and conditions of tenancy, including, but not limited to, the Park’s Rules and Regulations. Resident is personally responsible for all the actions and conduct of Resident’s guests as though such actions or omissions were the personal conduct of the Resident.
18.05 Management reserves the right to determine whether the Park’s recreational and other facilities can accommodate all the residents and their guests; therefore, Management may refuse any guest access to said facilities if the guest’s presence would unreasonably detract from the use and enjoyment of these facilities by other residents and guests who are then using the facilities.
18.06 A guest is permitted to use the recreational facilities only while accompanied by a Resident. No guest may use any common area facility, service or amenity or be present in any common area without accompaniment of a resident of the park at all times.
18.07 If resident will not be present or reside at the homesite, then no guests may occupy or otherwise use resident’s mobilehome without Management’s consent.
18.08 A guest who remains in the Park after his host has died, moved, or for any other reason does not physically reside in the Community on a regular basis, will be considered to be the equivalent of a buyer and the guest will be subject to the requirements of this Agreement to apply for and be approved for tenancy, whether or not the guest has an ownership or financial interest or lien in or to the mobilehome, such as a "legal" or "registered" owner of record. The requirements of this Agreement will also apply if resident only sells/transfers a portion of the interest in the mobilehome or assigns only a portion of the right to occupy the homesite.
TROPICS MOBILE HOME PARK COMMUNITY
33000 ALMADEN BLVD.
UNION CITY, CA 94587
SWIMMING POOL GUIDELINES
Cooperation is essential if the pool and the recreation area are to operate for the maximum fun and safety for the greatest number of people. With this thought in mind, the following specific rules are deemed necessary. Please familiarize yourself with them.
1) Pool hours are as posted.
2) It is advised that no one use the swimming pool, therapeutic pool or saunas alone. Anyone using these facilities does it at his/her own risk.
3) A park resident must accompany all guests. Each mobilehome is allowed four guests at one time, if pool capacity will allow.
4) Exercise hours and play hours for the pool are as posted. No diapers allowed at any time. Swimming hours for anyone 18 years or under (accompanied by an adult resident) are as follows: Monday through Friday 9 a.m. until 1 p.m., Saturdays 9 a.m. until 12 p.m., Sunday and holiday hours are unrestricted.
5) Any undo splashing and cannon balls in the pool will not be allowed. Running, horseplay or unnecessary noise will not be tolerated. No flippers, inner tubes, rafts, snorkels, etc. will be allowed in the pool.
6) You must shower or bathe before entering pool or therapeutic pool (State law).
7)Please remove all bobby pins and hair ornaments before entering pool.
8) Please do not enter the clubhouse shower dripping wet. Do not drip water on the floors. All persons using the showers and pools must enter and leave the area via the pool area, not through the Recreation Building.
9) No glassware of any type is permitted in the pool or deck area.
10) No smoking allowed in or around pool area (except in designated area).
11) The management reserves the right to ask anyone to leave the pool area.
12) Please place towels over the patio furniture when using sun-tanning oils.
13) Use saunas and therapeutic pool at your own risk. People with heart conditions or respiratory ailments should consult their physician before using the sauna or therapeutic pool.
14) There will be no drinking of alcoholic beverages in the pool area. Any person in an intoxicated condition will not be allowed in the area.
15) Everyone should observe the privacy act. Only females are allowed in the women’s dressing room and restrooms. Only males are allowed in the men’s dressing room and restrooms. Anyone not observing this rule will be turned over to the police and then not allowed in the pool area. Children should be with an adult.
16) All persons should be respectful in their conduct towards the opposite sex.
17) No alcohol will be stored in the dressing room.
TROPICS MOBILE HOME PARK COMMUNITY
33000 ALMADEN BLVD.
UNION CITY, CA 94587
1) The clubhouse is not to be rented out to the general public. It is for the use of residents, their family and friends.
2) A resident must reserve the hall and be responsible for the cleanup and any damages to the hall, as outlined in the contract.
3) A fully refundable deposit of $200 will reserve the hall and will be refunded after the event providing the hall is left in good condition and is clean.
4) Eating and drinking is allowed only in the assembly hall, the small conference area behind the kitchen and the barbecue area of the clubhouse and will not be allowed in the rest of the clubhouse.
5) Alcoholic beverages shall not be served to anyone under 21 years of age in any part of the clubhouse or pool areas.
6) Anyone in an intoxicated condition will be asked to leave the recreation area.
7) The fireplace and kitchen stove pilot lights shall be lit by on-site management personnel only.
8) Office personnel will take reservations for clubhouse events for residents, their guests and family.
9) Any malfunction of exercise equipment is to be reported to the management or office personnel.
10) Guests must be accompanied by a park resident when using park facilities.