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15 ATTACHMENTS
City of Pleasanton
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CITY CLERK
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2009
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040709
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15 ATTACHMENTS
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4/1/2009 1:08:32 PM
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4/1/2009 12:52:50 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
4/7/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
15 ATTACHMENTS
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4.3 "Conversion Date". Conversion Date is defined as the date of the first sale of a <br />space/lot in the Pazk. The Conversion Date will be no earlier than ten (10) years from the date <br />the final map for the conversion is recorded. <br />4.4 No Actual Displacement. Each Resident Household will be given the choice to <br />buy the space on which its mobilehome is situated or to continue its tenancy in the Pazk under <br />this Tenant Impact Report. To receive the protections provided herein and under the California <br />Subdivision Map Act, the Resident must be a Resident, as defined in Section 1.2(b). Further, the <br />Park Owner has specifically waived its right to terminate tenancies (See Section 3). Therefore, <br />there will be no actual eviction of any Resident or relocation of their mobilehome by reason of <br />the Pazk conversion to Resident ownership. <br />4.5 Conclusion: No Actual Nor Economic Evictions. The legislative intent behind <br />relocation mitigation assistance as contained in Government Code Section 66427.4 was to ensure <br />that Residents who were being actually evicted due to the conversion of a mobilehome park to <br />another use were protected, and that a plan was submitted and approved to ensure that protection. <br />The purpose for the more typical impact report is to explain how and when the Residents have to <br />vacate the property, and what financial assistance the Residents would be receiving to assist in <br />the costs of removing their mobilehome and other personal effects. However, under the present <br />conversion, which will not result in another use and vacation of the property, the purpose of this <br />Tenant Impact Report is to explain the options of the Residents and Resident Households <br />regazding their choice to purchase or to rent their space. The Park Owner has agreed, by this TIR, <br />to waive its right to terminate existing tenancies and Leases upon the conversion (See Section 3 <br />above), and any Resident Household who chooses not to purchase a PUD/Condominium Interest <br />(defined below) may reside in the Park as set forth in Section 3 and Section 4.2 above. Thus, <br />there will be no economic displacement based on the Map Act Rents nor actual eviction of any <br />Resident because of the conversion and, therefore, no relocation mitigation is required. <br />4.6 Application of Rent Stabilization Agreement for Residents who have Entered <br />into a Conversion Committee Agreement. Because: a majority of the Resident Households <br />who responded to a survey of support conducted pursuant to Government Code § 66427.5 have <br />supported conversion of the Pazk to Resident ownership, the Pazk Owner has agreed to continue <br />to abide by the rent stabilization terms set forth in the Rent Stabilization Agreement in effect on <br />the Conversion Date for Residents who satisfy the following requirements: (i) whose Resident <br />Household does not qualify as a lower income Resident Household, (ii) whose Resident <br />Household elects not to purchase the space on which their mobilehome is situated and to <br />continue their tenancy, and (iii) that have entered into and agreed to abide by the terms of a <br />Conversion Committee Agreement with the Pazk Owner. Each Resident that has entered into a <br />Conversion Committee Agreement agrees to support conversion of the Park to Resident <br />ownership as more particulazly described therein. The rent stabilization terms provided under <br />the Rent Stabilization Agreement then in effect will remain in effect for each Resident that <br />satisfies the foregoing requirements until the date such Resident no longer occupies the space on <br />which their mobilehome is situated. If, however, the Rent Stabilization Agreement terminates <br />prior to the date such Resident no longer occupies their space, then the rent stabilization ternts <br />pursuant to the Rent Stabilization Agreement that existed immediately prior to the termination <br />date will continue to apply but subject to increases based on the average monthly percentage <br />increases in the CPI for the most recently reported period. The foregoing terms regarding <br />[ DMM: az/ 159181 _4, DOC/051308/4640.001 ] <br />
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