Correspondence - Updated 4/28 — Alameda City Council, April 28, 2022

From: Drishti Narang
To: Trish Spencer
Cc: City Clerk
Subject: [EXTERNAL] Alameda City Council - 4/28 Agenda - Ordinances on Floating Homes Date: Thursday, April 28, 2022 4:22:20 PM
Dear Councilmember Trish Herrera Spencer,
My name is Drishti Narang. I am writing to you regarding the Floating Home item on the City Council agenda tonight.

I am an immigrant from India. When I was a young child, our family came to this country with nothing and settled in the East Bay. We have worked our way up from these humble beginnings, and I am proud to say that we were recently able to purchase the Barnhill Marina from the heirs of the original owner who were running it.

I now run the business with my father and one other staff. I also live at the marina, the first time I’ve been a homeowner.

Please, before you take any action on this item, come visit the marina and surrounding site, meet with me and my family, and make sure you have all of the facts and consider the whole story.

This urgent ordinance – which we only learned about on Monday thanks to a email from a reporter about it! – as well as others that we hear are coming, would have major implications not just for our community, but for marinas around the Bay Area as well as the City of Alameda and broader Alamedan and business community.

The previous ownership group was not running a sustainable operation – a long-term liability for the community, for us, and for the City. The increase in berthing fees is essential to address this. Let me offer the following points for your consideration:
· The marina (including the floating home community) is one part of an overall mixed-used commercial operation, all of which we have to consider as the new owners.
· Berth fees for the floating homes, on average, have been artificially maintained at half or less than half of the average berth fees offered at the handful of other floating home marinas in Northern California/Bay Area. This data was collected by an independent third-party survey.
· Current berthing fees are not covering the operational costs of the marina and even after the increases the marina will barely break even after assuming our ongoing expense reduction efforts succeed. · Further, the marina community has to start saving for upcoming needed critical investments around safety, hence we are working to create a reserve study group and a professional dock survey.
· As you may be aware, the floating home community is a strong, vibrant, and diverse residential community with some using them as their primary residence, others as vacation homes, rentals or second homes. · Our position is reasonable and we have engaged fairly and proactively. We had a townhall with all marina residents prior to purchase. And in the last 4-6 months we have had detailed conversations with all stakeholders including the floating home owners, their elected board, other marina occupants, management of other floating home marinas, neighboring businesses and marinas, harbor masters, local lenders in the space (there are very few), and real estate brokers dealing with floating homes.
· In the long run, if the Marina is not sustainable, the community will fall apart and the costs of a failing marina will fall not just on us and the community but on the City of Alameda as well.
· We have already delayed the increase in fees that we are entitled to under the law by 30 days – to the tune of tens of thousands of dollars that our family cannot truly afford and would be better invested in making the marina sustainable.
· We are nevertheless willing to delay the increases another 60 days for homeowners who only own one home or residence, are over 65 years of age and low income per California government guidelines and offer to work out some protection for these homeowners to ensure no one faces eviction or housing instability, especially those who truly cannot afford the increases.

Thank you in advance for your consideration. Again, please do not take any action on this or related items without first visiting the marina, meeting with us, and hearing all of the facts.

Respectfully,
Drishti Narang
Barnhill Marina
From: Galin Luk
To: City Clerk
Cc: Yibin Shen; Michael Roush; John Le; Catherine Jemera; Susan Shapiro Subject: [EXTERNAL] RE: Alameda City Council - 4/28/22 Agenda Item: Urgent Ordinance/Ordinance on Floating Homes Date: Thursday, April 28, 2022 9:50:39 AM
Dear City Clerk,

In regards to the below, and on behalf of my client Barnhill Marina, I want to clarify two issues:

First, my client’s offer to delay the implementation of any increases in berth fees for at least 60 days, includes other service fees and charges associated with the floating home owner’s berth [this would include utility charges].

Second, my client’s offer to delay the implementation of fee increases is contingent on the City Council not adopting the urgency ordinance and the City Council not adopting the regular ordinance for at least 60 days so that we can work together towards a fair resolution.

Thank you very much.

Galin G. Luk
Partner
Cox, Wootton, Lerner, Griffin & Hansen LLP
Tel: 415.438.4600
Fax: 415.438.4601
900 Front St., Suite 350
San Francisco, CA 94111
[email protected]
www.cwlfirm.com

San Francisco Los Angeles Honolulu

******************************************************
CONFIDENTIALITY NOTICE:

This e-mail and any attachments contains information from the law firm of Cox, Wootton, Lerner, Griffin & Hansen LLP, and is intended solely for the use of the named recipient or recipients. This e-mail may contain privileged attorney/client communications or work product. Any dissemination of this e-mail by anyone other than an intended recipient is strictly prohibited. If you are not a named recipient, you are prohibited from any further viewing of the e-mail or any attachments or from making any use of the e-mail or attachments. If you believe you have received this e-mail in error, notify the sender immediately at the phone number and address listed above and permanently delete the e-mail, any attachments, and all copies thereof from any drives or storage media and destroy any printouts of the e-mail or attachments.

Any tax advice contained in this email was not intended to be used, and cannot be used, by you (or any other taxpayer) to avoid penalties under the Internal Revenue Code of 1986, as amended.

From: Galin Luk
Sent: Wednesday, April 27, 2022 1:58 PM
To: [email protected]
Cc: Yibin Shen <[email protected]>; Michael Roush <[email protected]>; John Le <[email protected]>; Catherine Jemera <[email protected]>; Susan Shapiro <[email protected]> Subject: Alameda City Council - 4/28/22 Agenda Item: Urgent Ordinance/Ordinance on Floating Homes

Dear City Clerk,

Attached, please find a letter on behalf of our client “Barnhill Marina” regarding the two proposed “floating home” ordinances currently on the City Council’s 4/28/22 agenda.

Please let me know if the City Council will continue consideration of these two ordinances.

Thank you.

Galin G. Luk
Partner
Cox, Wootton, Lerner, Griffin & Hansen LLP
Tel: 415.438.4600
Fax: 415.438.4601
900 Front St., Suite 350
San Francisco, CA 94111
[email protected]
www.cwlfirm.com

San Francisco Los Angeles Honolulu

******************************************************
CONFIDENTIALITY NOTICE:

Any tax advice contained in this email was not intended to be used, and cannot be used, by you (or any other taxpayer) to avoid penalties under the Internal Revenue Code of 1986, as amended.

From: Galin Luk
To: City Clerk
Cc: Yibin Shen; Michael Roush; John Le; Catherine Jemera; Susan Shapiro Subject: [EXTERNAL] Alameda City Council - 4/28/22 Agenda Item: Urgent Ordinance/Ordinance on Floating Homes Date: Wednesday, April 27, 2022 1:58:11 PM
Attachments: We sent you safe versions of your files.msg Barn.Alameda Ordinance [Final] 04 27 22.pdf
Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.

Dear City Clerk,

Attached, please find a letter on behalf of our client “Barnhill Marina” regarding the two proposed “floating home” ordinances currently on the City Council’s 4/28/22 agenda.

Please let me know if the City Council will continue consideration of these two ordinances.

Thank you.

Galin G. Luk
Partner
Cox, Wootton, Lerner, Griffin & Hansen LLP
Tel: 415.438.4600
Fax: 415.438.4601
900 Front St., Suite 350
San Francisco, CA 94111
[email protected]
www.cwlfirm.com

San Francisco Los Angeles Honolulu

******************************************************
CONFIDENTIALITY NOTICE:

Any tax advice contained in this email was not intended to be used, and cannot be used, by you (or any other taxpayer) to avoid penalties under the Internal Revenue Code of 1986, as amended.

From: Liz Williams
To: Marilyn Ezzy Ashcraft; John Knox White; Tony Daysog; Malia Vella; Trish Spencer; City Attorney; City Clerk Cc: Liz Williams
Subject: [EXTERNAL] April 28th Special CC meeting - the lease-survey, lease-loan connection at Barnhill Marina Date: Wednesday, April 27, 2022 12:31:27 PM
Attachments: 2002BMBLease.pdf
2002Survey.pdf
2020BMBLease.pdf
CUcontrollingdocument2022.pdf
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Dear Mayor, City Council and City Staff -
Thank you for reading this email.

In it I want to explain how the lease (which includes rent and annual increases) for our berth affects both the value of our homes, as well as our ability to get financing.

This in turn affects our ability to sell our homes.

Because we cannot move
our homes to a marina with more favorable lease terms (and a nod to our friends at the BCDC for the regulations and limitations that create this anti-competitive situation), these connections are crucial.

Although this connection is not immediately obvious to an owner of a land home, nor to a renter, it is painfully obvious to floating home owners.

2002 Survey and Lease
As you can see from page 4 of the 2002 Survey (this is Floating Homes are appraised). the Fair Market value of this floating home is dependent on the 2002 lease.

The final page of the
2002 loan is an assignment of lease, a credit union document that places the lease at the center of its agreement to finance.

So, the lease is part of the market value (no berth, no value) and the value of the floating home is what the lender uses to calculate whether they will loan at what rate (which is generally double the rate for a land home.) 2020 Lease and 2022 Controlling document
I'm providing a 2020 Barnhill Marina lease so you can compare it to the 2022 lease Ashley Mullins sent a few days ago.

In addition, 2022 Controlling document (which is in reference to this lease) provides an updated version of the lease-loan

connection, to wit:
"The lease was
provided and reviewed by the credit union prior to funding.

The credit union draws
closing documentation upon review of the Marina Lease.

These are controlling
documents."

Again, the lease - and the rent and annual increases - are central.

It is my hope that in reviewing these documents and others we've sent previously, that you can see how catastrophic rent increases - themselves egregious and unregulated

- are.

When
written into a one-sided lease with so many other expenses included as additional rent, unregulated rent is ruinous, even for those of us who are not over 65 and on low, fixed incomes.

Thank you for your time and attention.

Liz Williams, MA, MT-BC, COFC
CollaborationZone
510.484.3079

From: Liz Williams
To: Marilyn Ezzy Ashcraft; John Knox White; Trish Spencer; Tony Daysog; Malia Vella; City Attorney; City Clerk Cc: Liz Williams
Subject: [EXTERNAL] April 28 Special Council Meeting Agenda Item 2A - Material breach of lease for minor infraction during lease negotiation
Date: Tuesday, April 26, 2022 12:04:48 PM
Attachments: Aggressiveandinaccurateleaseenforcement.pdf We sent you safe versions of your files.msg
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Dear Mayor, City Council Members and City Staff -
Here we have a recent example of the owners of Barnhill Marina aggressively (and inaccurately) enforcing a lease and claiming material breach for minor infractions. I offer this as evidence of constructive eviction.

Though entertaining, there are several things that are problematic about this Notice to Cure:

1. It was given to a resident who had signed up to be represented by the negotiating team while the team was actively negotiating lease terms with the owner and in fact objecting to this sort of clauses which seemed to us an example of constructive eviction.

2. It is ludicrously inaccurate.

Paragraph 12: states that the resident has violated a covenant by not providing documentation of liability coverage that names Barnhill Marina as additional insured.

Not true - this resident
has the correct liability and has named Barnhill Marina as additional insured. That satisfies the covenant. Providing documentation is not the same thing and - take it form one who knows - difficult to get our of the two insurace companies that will provide us with this. We have discussed this wiht the owner and proposed solutions. This notice is his response.

Paragraph 9: The dock improvements were added well before the marina sold, and were approved by the new owners.

The resident footed the bill and his changes greatly improved the stability of the dock.

Paragraph 6 the first time: That long piece of dock has been there for years. I have no idea who's kayak is on it - this picture is rather old. The previous owners had no problem with it being there. It serves as a work dock and in no way impedes marine traffic - unless the QEII tries to dock here (in which case this dock is the least of our worries).

Paragraph 6 again:

This resident has an super wide dock. The stuff on the dock is beautiful, neat and clean and does not impede our access. I've sat at that table to sketch.

My very favorite part of this notice is the last part: the painted "No Access" sign on the docks.

This was applied by the previous owners to keep people off the unstable and dangerous docks beynd that point. In addition, how is one to cure something painted on the dock without...painting on the dock, a clear violation of the rule not to paint on the dock.

This is an excellent example of what it is like to work with this owner. Thank you for reading and for your attention.

Sincerely,
Liz Williams, MA, MT-BC, COFC
CollaborationZone
510.484.3079

From: Liz Williams
To: Marilyn Ezzy Ashcraft; John Knox White; Trish Spencer; Tony Daysog; Malia Vella; City Attorney; City Clerk Cc: Liz Williams
Subject: [EXTERNAL] For April 28 Special Council Meeting Agenda Item 2A: Barnhill before and after slip rent Date: Tuesday, April 26, 2022 11:34:43 AM
Attachments: BarnhillSlipFeebeforeandafter.pdf
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Dear Mayor, City Council Member and City staff:

Thank you for your hard work to create this urgency ordinance and schedule a special council meeting.

I'm attaching evidence of the claims Barnhill Marina residents are making about the egregious rent increases. In the attache pdf you will find:

1. An example of the berth rent increase letter most of us received in late February 2022 that were effective April 1, 2022

2. A grid showing before and after berth rent amounts for 31 of the 42 floating homes here.

We compiled this to understand what was happening to us.

3. The email giving us until April 30th to pay the new rent amounts or discuss a "payment plan" with the owner.
4-9. Three examples of before and after invoices showing before and after rent amounts which reference the rent grid on page 2.

I hope this helps you understand the enormity of the change.

And a reminder: This rent is in
addition
to owner-invented fees and owner expenses such as insurances, property taxes and 80% of all repairs.

Thank you for your attention.

Sincerely,
Liz Williams, MA, MT-BC, COFC
CollaborationZone
510.484.3079

From: Ashley Mullins
To: Trish Spencer; John Knox White; Tony Daysog; Marilyn Ezzy Ashcraft; Malia Vella; City Clerk; City Attorney Subject: [EXTERNAL] Agenda Item 2A: Urgency Ordinance to Include Floating Homes in Rent Control Date: Monday, April 25, 2022 6:37:25 AM
Attachments: We sent you safe versions of your files.msg FH Contract Template WITH HIGHLIGHTS - Sent.pdf
FH Contract Template.pdf
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Dear Dear Mayor, City Council Members, and City Attorney Shen, Please see our new berth lease at Barnhill Marina (attached). One copy is clean and the other has strikethroughs and highlights, which are a combination of our attorney's and the Barnhill Residents Negotiating Team's objections to the lease. We submitted our objections to Mr.

Narang in verbal and written form in an effort to negotiate fair lease terms and rents and prevent the displacement of some of our residents due to unregulated and excessive rent increases, pass-through costs, and arbitrary rules and fees. We proposed an alternative rent increase (5%) and offered remedies for the unacceptable lease terms. Mr. Narang promised a written response to our concerns about the lease on several occasions, but we have received none to date. To our fair rent proposal, we received a flat “no,” with no alternative.

RENTS, FEES, AND THE LEASE
A floating home marina berth lease should be residential by nature, but you will see that this is a triple net commercial lease. In addition to including no cap on future rent increases, it includes other sections that are particularly concerning and would be financially debilitating to many of us.

These expenses and fees are in addition to excessive rent increases that became effective April 1, 2022:

Additional, unexpected costs pass-throughs (utilities, insurance, maintenance) Owner’s Property tax pass-through (in addition to the property tax we pay on our homes)
Capital improvements pass-through at 80%*
A variety of fees for breaking a rule or regulation, rules imposed and fees assessed at the owner’s sole discretion
10% Interest for some unpaid balances
A $500 fee for letting our $500,000 liability insurance lapse and having to accept an insurance policy that the owner finds for us.

Destruction clause that favors the owner (damage of only $250,000 could result in our displacement – and remember, we have nowhere to go).

Liability Exoneration
(*We have been told that the rent increases effective April 1 will not be inclusive of maintenance of the marina and that if we want the docks to be repaired we will have to pay for it separately.)
The phrase "at the marina [owner's] sole discretion" appears 12 times in this document. This predatory, one-sided lease offers no protections for residents and has been issued under circumstances in which we have no viable alternatives--no place to take our homes. It is a contract of adhesion and a roadmap to constructive eviction.

Thank you for your time and consideration.

B.M.B
_______________________________________________________________ 2394 Mariner Square Dr
Alameda, CA 94501

FLOATING HOME BERTH RENTAL AGREEMENT
Name(s) of Floating Home Owner(s): ___________________________________________________ Owner's Mailing Address: _________________________________________________________ Owner's Driver License No.: _____________ Co-Owner’s Drivers License No.:____________ Owner's E Mail: _____________________ Owner's Employer (Name/Location) _______________ Co- Owner's E Mail: ___________________ Bank ______________________ (Name/Branch Location)
Owner(s) Phone Contacts: ______________ (main) ______________ (cell) _______________ (emergency)
Emergency Phone: (___)__________ Emergency Contact (Name):________________________ Floating Home FHA number or Serial number: _______________________________________ Assessor's Parcel Number: _______________________________________________________ Length Overall: _________ Width: ________ Draft: _________ Year Manufactured:________ Hull type: [__] Concrete [__] Fiberglass [__] Other (Specify) _______________ Vehicle Information:

Vehicle #1: _______________________________ (Make, Year, Color, License Plate No.) Vehicle #2: _______________________________ (Make, Year, Color, License Plate No.) Vehicle #3: _______________________________ (Make, Year, Color, License Plate No.) Homeowner(s) has/have owned, occupied, and berthed the Floating Home at Marina since ________ Previous Residence Address: _____________________________________________________ Name/Address/Phone Number/Email Address of Each Landlord of Previous Residence for 5 yrs.:
_____________________________________________________________________________

Page 1 of 29 ends

_____________________________________________________________________________ *Owner(s), By Signing Below, Authorizes Marina to Contract Landlord of Previous Residence(s) Bank Reference:_____________(Name/Branch)
Term of Contract: Commences _____________________ and Terminates _______________________ Assigned Berth No.: ___________
Fees/Deposits
Prorated Base Rent for 1st Month $__________
Security Deposit $__________
Key Card Deposit $__________
Key Nos. ______ Issued
TOTAL TO BE PAID $__________
Identify Holders of Mortgage &
Other Liens Against Floating Home _______________ (Name) ____________________ (Address) Floating Home Insured By: ______________(Ins. Co. Name) Policy No.: ______________ Insurance Agent: _______________ (Name) ____________________________________ (Address) ______________ (Phone No.)
Current Monthly Base Rent $__________
Dated: ________________ Signature of Owner of Floating Home: ______________________ Dated: ________________ Signature of Owner of Floating Home: ______________________ Dated: _________________ Signature of Marina Representative: ________________________ NOTE : This Floating Home Berth Rental Agreement (the “Agreement”) does not become effective and enforceable until both parties sign above. By signing above, the person signing confirm that he/she has read this entire Agreement, understands all terms and conditions herein, and agrees to be bound by them .

This Agreement is by and between Barnhill Marina and Boatyard, hereinafter (“Marina”) and ____________________________________________________("Homeowner"), and entered into on the basis of the information provided above.

Page 2 of 29 ends

IT IS HEREBY AGREED :

Marina hereby leases to Homeowner, and Homeowner hereby leases from Marina, the Berth specified above, for the term and subject to the covenants, agreements and conditions specified herein.

1. Definitions :

A. Authorizations . The term “the Authorizations” shall mean any use permits or similar documents granted by the County of Alameda, the Bay Conservation and Development Commission (“BCDC”) and/or any other governmental or quasi governmental agency having jurisdiction over the use of the Marina.

B. Floating Home Residency Law . The term "Floating Home Residency Law" (“FHRL”) means that statute of the State of California embodied at California Civil Code Sections 800 et seq., a copy of which Marina will provide to Homeowner upon request.

C. Leased Premises . The term "Leased Premises" shall mean the berthing or mooring area more particularly described on the attached diagram and marina plan marked “Exhibit A”, which is located at the Marina. The Leased Premises consists of the space shown on the attached diagram which is located between the adjacent docks, mooring pilings and or piers constructed or to be constructed at the Marina. The Marina docks and all fixed structures appurtenances thereto are not leased to Homeowner but are the property of the Marina, to be utilized by Homeowner only for ingress and egress as common area facilities.

D. Floating Home . The term "Floating Home" has the same meaning as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code. For purposes of this Agreement and the Floating Home Residency Law, the floating water craft described above constitutes a “Floating Home.” Homeowner hereby represents that Homeowner is the exclusive holder of the title to the Floating Home or of the beneficial title if legal title is held by a lender as security for the repayment of any loan.

E. Homeowner . “Homeowner” means a person who owns or resides in the Floating Home pursuant to this Agreement.

F. Rent . The Term “Rent” shall include base rent and any additional sums due and payable by Homeowner to the Marina pursuant to this Agreement for services it performs and amenities it provides for Homeowner’s benefit.

G. Resident . The term “Resident” shall mean the Homeowner or other person who lawfully occupies the Floating Home.

H. Tenancy . “Tenancy” means the right of a homeowner to the use of a berth within a floating home marina in which to locate, maintain, and occupy a Floating Home, and accessory structures, including the use of the services and facilities of the floating home marina.

Page 3 of 29 ends

I. Change of Use . "Change of use" means a use of the floating home marina for a purpose other than the rental, or the holding out for rent, of five or more floating home berths, and does not mean the adoption, amendment, or repeal of a floating home marina rule or regulation. A change of use may affect the entire floating home marina or any portion thereof. "Change of use" includes, but is not limited to, a change of the floating home marina or any portion thereof to a condominium, stock cooperative, or any form of ownership wherein spaces within the floating home marina are to be sold.

J. Rules and Regulations . In addition to the Rules and Regulations attached and incorporated herein as Attachment A, all other terms and conditions in this Agreement specifying Homeowner’s obligations hereunder are to be regarded as Rules and Regulation for purposes of Sections 800.21(b) and 800.71(c) of the FHRL.

2. Terms of Tenancy :

A. Length of Tenancy . The term of this Agreement shall commence on the date of full execution of this Agreement (the “Commencement Date”), and shall end on ______________________ (the “Termination Date”). Should the parties mutually wish to extend the term of the Tenancy beyond the above Termination Date, they shall, prior to the Termination Date, execute an Addendum to this Agreement specifying such extended date for termination of the Tenancy, any change in Rent, and any other terms additional to or altering those contained in this Agreement. Notwithstanding any other terms of this lease, in no event shall the term of this Agreement extend beyond the termination date of any governmental permits, including without limitation the BCDC Permit, except as lawfully permitted on a month-to-month basis.

B. Option to Renew .

Provided Homeowner is not in default hereunder, is in possession of the Premises at the time of exercise of its option to extend the term of this Agreement, and subject to the issuance of all necessary governmental agency permits to the Marina, Homeowner shall have the option to renew this Agreement for ____ additional period(s) of _____________________under the same terms and conditions of this Agreement subject to an adjustment in Base Berth Rent to Market Rent as hereinafter set forth. If Homeowner desires to exercise this option to extend by giving notice no less than thirty (30) days prior to the expiration of the initial term, Base Rent for this option period shall be adjusted to Market Rent, payable monthly, with a minimum CPI adjustment of not less than two percent (2%) per annum over the prior year. Any option to renew shall be memorialized in an Addendum executed by the parties.

C. Grounds for Termination . Pursuant and subject to section 800.71 of the Floating Home Residency Law, the Marina may terminate this Agreement for any of the following reasons:
(a) Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to floating homes within a reasonable time after the Homeowner receives a notice of noncompliance from the appropriate governmental agency; (b) Conduct by the Homeowner or Resident, upon the floating home marina premises, which

Page 4 of 29 ends

constitutes a substantial annoyance to other homeowners or residents; (c) Failure of the Homeowner or Resident to comply with a reasonable rule or regulation of the floating home marina as set forth in this Agreement or any amendment thereto; (d) Nonpayment of rent, utility charges, or reasonable incidental service charges; if the amount due has been unpaid for a period of at least five days from its due date, and provided that the Homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy;
(e) Condemnation of the floating home marina; or
(f) Change of use of the floating home marina or any portion thereof, as specified in section 800.71(f) of the FHRL.

3. Marina’s Right to Relocate Berth . Marina reserves the right to require Homeowner, at Marina's expense, to move the Floating Home to a different berth within the Marina in the event Marina elects to repair, remodel or reconfigure the Marina following damage or destruction of all or any part of the Marina, or if such relocation is determined by Marina to be needed in order to allow Marina to comply with the Authorizations, as that term is defined above. Upon the completion of said work by Marina and if the berth is still in existence, the Marina will return the Floating Home to her originally assigned berth. Marina will endeavor to provide as much notice as is practicable to Homeowner in advance of such relocations, but in no event less than sixty (60) calendar days.

4. Rent and General Provisions Regarding Payments :

A. Monthly Sum Due . Homeowner shall, beginning on the Commencement Date and continuing until the Termination Date, pay to Marina, no later than the first calendar day each month: (a) base rent in the amount of $________ (the “Base Rent”); (b) $________ for Webpass internet usage and garbage collection services (to be provided on the first day of each calendar month); and (c) electricity charges paid by the Marina for electricity provided to the Floating Home, based on electricity usage confirmed by way of submetering of the electricity provided to the Floating Home. The Marina shall give Homeowner written notice of any increase in his or her Rent at least 30 days before the date of the increase, and the reason for the increase, including the basis for calculation used in determining the amount of the increase.

B. Annual Rent Increases . During the term of this Agreement the Base Rent stated in section 3.A shall be increased on April 1 of each calendar year, beginning April 1, 2023. The amount of increase in the Base Berth Rent shall be determined sixty (60) days prior to the adjustment date on the basis of the San Francisco-Oakland area Consumer Price Index for “All Items,” as published by the United States Bureau of Labor Statistics. The annual increase shall be added to the initial Base Rent to establish the new rent each year, provided that the minimum CPI adjustment shall not be less than 2% per annum over the prior year. Marina shall give Homeowner written notice of the amount increase in Base Berth Rent at least thirty days prior to the adjustment date.

Page 5 of 29 ends

75.00 C. Rent Increases Due to Increases in Real Property Tax or Assessments . Commencing on April 1, 2023 and continuing on April 1 each year during the term hereof, Homeowner shall pay, as additional rent, a percentage of any increase in any real property assessment or tax levied against the Marina over and above the real property assessment or tax payable for the Marina in the tax year in which this Agreement first commenced, according to the following formula: Homeowner’s pro-rata share (based upon the total number of berths in the Marina) of the total increase in the Marina’s tax bill for the tax year in which the Agreement commenced and each succeeding year thereafter, arrived by dividing the amount of said tax increase by the number of Floating Home berths being rented by the Marina as of April 1 in any year in which the Marina is required to pay such increased real property taxes or assessments.

D. Utility Calculations and Adjustments .
(I) Water & Sewer Usage. Marina may install, at any time in its sole discretion, a meter or meters at Floating Homes to confirm water usage and/or the quantity of sewage and “grey water” discharged from Floating Homes. If such meters(s) or any other reliable method of measurement shows that consumption of water, or the discharge of sewage or “grey water” exceeds that of similarly sized Floating Homes, Homeowner shall pay to Marina, as additional rent, the actual cost of water consumed by Homeowner, and/or the actual sewage/”grey water” over and above the usage by similarly sized Floating Homes. Marina shall, from time to time, post in a conspicuous place or share the current residential utility schedule published by utility companies. (ii) In the event that the Marina’s cost of water and/or sewage is for any reason increased by EBMUD due to rationing or other unusual events, such as the levying of their capital improvement costs or assessments imposed on all consumers, all such increases shall be charged to all homeowners in the manner specified above for real property tax or assessment increases.

E. Additional Costs . In addition to the charges set forth above, in the event Marina is required to pay additional costs which are deemed to be “Excessive” (as below defined), such costs shall be charged to the Floating Home owners as additional rent and collected as set forth below. “Excessive” costs for purposes of this Paragraph means those costs arising from increases in water rates, PG&E rates, utility charges, garbage collection fees, sewer fees, county license fees, insurance rates for any coverage normally carried or required to be carried by Marina, security costs, taxes levied on the property or for its use, which costs on the basis of generally accepted accounting principles reflect an increase of twenty (20%) or more over and above the cost of living for the prior twelve (12) month period immediately prior to the year such cost is incurred, as determined by using the Consumer Price Index in accord with the method used for Base Berth rent adjustment. In addition, any government mandated improvements or costs for items not previously required for operation of the Marina as of the date of execute of this Agreement shall be deemed “Excessive” costs, with twenty percent (20%) thereof being paid by Marina and the balance being paid by Homeowner.

F. Payment of Rent . Homeowner may make payment, unless otherwise permitted in writing by Marina, in ONLY one of two ways: (1) cashiers check made out to “Barnhill Marina & Boatyard,” tendered physically in office or via mail; or (2) ACH transfer set up for automatic monthly payment of funds. In addition, Homeowner shall pay to Marina a late charge of six percent (6%) of total sum due

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pursuant to this Agreement if said sum is not received by Marina or Marina's agent within ten (10) calendar days of the date the payment is due. Marina and Homeowner agree that such charge is reasonable given that the Marina, and/or a Marina agent charged with collecting all rent from tenants in the Marina will incur damages and expenses on account of any late payment, including but not limited to added staff time to collect the sums due, accounting and legal expenses and interest or other charges, and that the precise amount of such damages and expenses will be extremely difficult and impractical to ascertain. If the term of this Agreement commences or expires on a day other than the first day of a calendar month or ends on a day other than the last day of a calendar month, the rental for such fractional month or months shall be prorated based on a 30-day month.

G. Application of Payment . All sums received by Marina from Homeowner shall be applied first to the oldest outstanding amount of Base Rent owned, and then to other rent past due in accordance with Marina's or Marina's agent's standard practices. Any other designation of the manner in which said payment is to be applied by Homeowner shall be void and of no effect.

H. Partial Rent Payments . Marina, at Marina’s sole discretion, may accept or reject partial rent payments. Acceptance of partial rent payments by Owner shall not constitute a waiver of Owner’s rights.

I. Alterations and Improvements . Prior to commencement of any alterations and improvements to the exterior of the floating home tenant must acquire written approval by Marina. If at any time during the term of this Agreement, Homeowner either (1) makes alterations or improvements to Homeowner's Floating Home the result of which is to increase the length or width of Homeowner’s Floating Home (which space will include exterior decks) or which adds a story to Homeowner’s Floating Home or (2) replaces Homeowner's Floating Home with a replacement Floating Home that will become Homeowner's Floating Home and the replacement Floating Home contains more floor space (including exterior decks), than Homeowner's Floating Home, Homeowner shall pay to Marina additional rent for the added space, in an amount to be determined by the Marina. Such increased rent shall be due and payable on the date Homeowner substantially completes said alterations, or the date on which the replacement Floating Home is berthed in the Berth.

5. Security and Key Deposits :

A. Security Deposit . On or before ______________________, Homeowner shall deposit with Marina as a Security Deposit the sum of $__________, which is equal to two months’ Base Rent. The Security Deposit shall be held by Marina as security for the faithful performance by Homeowner of all of the provisions of this Agreement to be performed or observed by Homeowner. If Homeowner fails to pay Base Berth Rent or other sums required to be paid pursuant to this Agreement, or otherwise defaults with respect to any provision of this Agreement, Marina may, at Marina’s option, use, apply or retain all or any portion of the Security Deposit for the payment of said obligation or of any other sum to which Marina may become obligated by reason of Homeowner's default, or to compensate Marina for any loss or damage which Marina may suffer thereby. If Marina so uses or applies all or any portion of the Security Deposit during the term hereof or any extension thereof, Homeowner shall within ten (10) days after demand thereof deposit payment with Marina in an amount sufficient to restore the Security Deposit to its original full amount. Homeowner's failure to do so shall be deemed a failure to pay rent

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and shall constitute a material breach of this Agreement. Marina shall not be required to keep the Security Deposit separate from its general accounts. The Security Deposit shall be returned in accordance with section 800.49 of the Floating Home Residency Law. No trust relationship is created herein between Marina and Homeowner with respect to the Security Deposit.

B. Key Card Deposit . Homeowner agrees to an additional security deposit of fifty dollars ($50) per key card. Homeowner has been issued and is in possession of ______ key card(s).

6. Use .

A. The Berth shall be used exclusively for the berthing of Homeowner's Floating Home which shall be used for residential uses only. If, however, Homeowner wishes to use on a regular basis a portion of the floating home for office use, said use must: (1) only be incidental to the residential use, which must be the primary use made of the Floating Home; (2) be in compliance with all applicable laws and ordinances and any permits issued by any governmental authority that regulates Marina’s use of the Marina; and (3) not result in the public visiting Homeowner's Floating Home. No advertising or signage may be placed on or near Homeowner's Floating Home or anywhere in the Marina and Homeowner may do nothing which will increase the amount of foot traffic from members of the public to and from the Marina or Homeowner's Floating Home, although occasional deliveries shall not violate the provisions of this paragraph. No employees shall be allowed to occupy Homeowner's Floating Home unless said employees are hired to perform tasks related to the residential use of the Floating Home ( i.e , housekeepers, etc.). Should Homeowner elect to make any office use of Homeowner's Floating Home, Homeowner shall so inform Marina in writing. If Marina should so require in connection with the use of the Floating Home as an office, Homeowner shall obtain and maintain public liability insurance in such amounts and with such coverages as Marina in Marina's sole discretion shall require. Any deviation from the above approved uses must be approved by the Marina in writing

7. Limitations on Use . Homeowner's use of the Berth shall be in accordance with the above, the following and the additional Rules and Regulations appended hereto as Attachment A:

A. Homeowner Acts Resulting in Cancellation of Marina’s Insurance or Increase in Rates .

Homeowner shall not do, bring, or keep anything in or about the Berth that will cause a cancellation of any insurance covering the Marina or cause any increase in premium cost for said insurance. In the event of a breach of this covenant, Homeowner shall indemnify the Marina from and against costs its incurs as a result of such breach.

B. Compliance with Laws . Homeowner shall at Homeowner's sole cost and expense comply with all laws, governmental regulations, including but not limited to any regulation issued by any governmental authority having jurisdiction over the Marina, and restrictions of record concerning Homeowner's use of the Berth and the use and physical condition of Homeowner's Floating Home, including obtaining all occupancy permits required by the County of Alameda or the BCDC or any other governmental authority having regulatory jurisdiction over the Marina and the Berth, and complying with all regulations pertaining to floats and other appurtenances attached, affixed, or located adjacent to Homeowner's Floating Home.

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C. Limits on Hazardous Materials .
(I) Homeowner shall not store or permit the storage of hazardous materials in such a manner which would result in a risk of fire, explosion, or release of noxious or corrosive fumes in or about the Berth or the Marina or permit to be conducted any hazardous activities which would involve substantial risk of fire, explosion, flood or noxious or corrosive fumes in or about the Berth or the Marina, except as would be normal for household operations, provided such use is in strict compliance with all applicable laws. In addition to, and not by way of limitation of, Homeowner's obligations set forth in this Agreement, Homeowner shall not cause or permit any “Hazardous Material” to be kept, used, stored, discharged, released or disposed of in, from, under or about the Berth, or the Marina.

For purposes of this paragraph, the term "Hazardous Material" shall mean any substance or material defined as "hazardous" or "toxic" by any local, state or federal regulation, ordinance, statute, governmental agency or other legal mandate, including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act of 1980; the Resource Conservation and Recovery Act; the California Hazardous Waste Control Law; and requirements promulgated by the Environmental Protection Agency, the California Water Quality Control Board, the Department of Labor, the California Department of Industrial Relations, the Department of Transportation, the Department of Agriculture, the Consumer Product Safety Commission, the Department of Health and Human Services, the Food and Drug Agency or any other governmental agency now or hereafter authorized to regulate materials and substances in the environment. (ii) Marina shall have the right to appoint a consultant to conduct an investigation to determine whether hazardous materials are located in or about the Berth and determine the corrective measures, if any, required to remove such hazardous materials. Homeowner, at its expense, shall comply with all recommendations of the consultant and shall pay for the cost of said consultant if the consultant finds that Homeowner has improperly stored or disposed of any hazardous materials. (iii) Without limiting the applicability of any other indemnity provision of this Agreement, Homeowner shall indemnify, defend and hold Marina harmless from all costs, expenses and liabilities, including attorney’s fees incurred by Marina arising from any violation by Homeowner of the provisions of this Paragraph.
(iv) Homeowner shall immediately notify Marina in writing of any discovery by any party of any Hazardous Material in or around the Berth or Homeowner’s Floating Home, other than items normally found in a residential household. In the event a Hazardous Material is deposited into the waters in which the Floating Home is berthed, Homeowner shall immediately notify the Marina of the same, and if such substance results in a sheen on the water Homeowner shall also notify the U.S. Coast Guard.

Homeowner shall furthermore immediately notify in writing Marina of any inquiry, test, investigation, enforcement proceeding by or against Homeowner or the Berth concerning a hazardous material.

Homeowner acknowledges that Marina, as the owner of the property wherein the Berth are located, at its election, shall have the right, at its election, to negotiate, defend, approve and appeal any action taken or order issued with regard to a Hazardous Material by an applicable governmental authority.

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D. Waste; Nuisance .
(I) Homeowner shall not use the Berth or any portion of the Marina in any manner that will constitute waste, a nuisance, or an interference with use or access of other tenants of the Marina or owners or uses of other Floating Homes or boats.
(ii) Homeowner or guest shall not commit or permit to be committed any public or private nuisance or any other act which may disturb the quiet enjoyment of any other homeowners or others at the Marina. (iii) Homeowner agrees that the Floating Home shall be kept within the confines of the assigned berth, and that the Floating Home shall not be moved out of such confines without the prior written consent of Marina.
(iv) No floats, boats, or other objects shall be brought into the berth or kept on the Marina’s premises without the Marina’s prior written consent, which consent may be withheld in Marina’s sole discretion without regard to the reasonableness thereof and without reference to the existence of similar floats, boats, or other objects in the Marina. Violation of this covenant shall be deemed a material breach of this Agreement and shall be a sufficient basis for termination of this Agreement.

E. Compliance with Rules Issued by Marina . Homeowner shall comply with the Rules and Regulations of the Marina, which are incorporated herein by this reference. A current copy of the Rules and Regulations is attached hereto as Attachment A. Marina may change or add to said rules upon giving Homeowner at least six-month written notice thereof, or such shorter period as may be consented to by Homeowner in writing, provided such change or addition is reasonable.

F. Placing or Affixing Items to Marina Property . Marina reserves the right to regulate and restrict any items placed upon or affixed to Homeowner's Floating Home which Marina in its sole discretion determines detracts from the overall appearance of the Marina, increases maintenance costs, or in any way adversely affects the safety or operation of the Marina.

G. Commercial/Tourist Uses . Commercial/tourist usage, including but not limited to uses of Homeowner’s Floating Home for transient or tourist use (including use of the Floating Home in an Airbnb or similar program), shall require submission of a written request sixty (60) days prior to the intended date of commercial/tourist use. Marina shall evaluate the aforementioned requests on a case by case basis, and reserves the right to approve or disapprove such request, in its sole discretion.

Nothing in this Paragraph or this Agreement is intended to or shall restrict Homeowner’s right under Section 800.80 of the Floating Home Residency Law to advertise the sale or exchange of his or her Floating Home.

H. Pets . Homeowner and Homeowner guests may not bring any unleashed pets while on the docks.

Cats are not allowed on the docks. Water and food bowls and litter boxes are not allowed on the docks.

Homeowner shall be responsible for any damage caused by pets or any interference with the comfort, safety or enjoyment of others at the Marina. Any such interference shall be determined by Marina in its sole discretion. If Marina determines that said pets so interfere with others in the Marina, Marina may require Homeowner to remove said animal(s) permanently from Homeowner’s Floating Home Marina.

Homeowner’s failure to do so within the time specified by Marina shall be deemed to be a material breach of this Agreement.

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8. Personal Property Taxes .

Homeowner shall pay before delinquency all taxes, assessments, license fees and other that are levied and assessed against Homeowner's Floating Home and/or Homeowner’s personal property installed or located in or on the Berth or Homeowner’s Floating Home, and that become payable during the term, so that no liens for such charges are placed on any property belonging to Marina. Homeowner shall indemnify, defend and hold Marina harmless on account of such charges if such charges result in a lien being placed on any property of Marina.

9. Repairs and Maintenance .

A. Homeowner acknowledges that Homeowner has inspected the Berth, finds it in good and safe condition, and accepts it in its "as is" condition. Marina makes no warranty or any representations regarding the condition of the Berth or the Marina. Homeowner by this Agreement has been only granted the right to moor Homeowner's Floating Home in the Berth and that said berthing is at Homeowner's sole risk. Marina shall have no responsibility for the care or maintenance of Homeowner's Floating Home, its equipment, appurtenances, flotation structure, lines, ropes, collars, contents or furnishings, or the equipment by which it is moored. All such responsibility is hereby accepted and assumed by the Homeowner.

B. Homeowner acknowledges that the water level at the Berth and in and around the Marina can be shallow and is subject to tidal changes and severe weather conditions. Homeowner assumes sole responsibility for protecting Homeowner’s Floating Home and its floats and appurtenant structures from any damage which may result from the floating home resting on the bottom or being buffeted about by winds and storms. The Marina does not warrant the depth of the water in the assigned berth, and it has no obligation to dredge or take other action to maintain the water depth in the berth at any level.

C. Marina supplies no services to the Homeowner, other than those specified in this Agreement.

D. Marina shall at Marina's expense repair and maintain physical improvements and common facilities in good working order. Marina may, however, charge Homeowner for any such costs if the need for such repair or maintenance was caused by the negligence or misuse of the Marina or any portion thereof by Homeowner or Homeowner's invitees or subtenants. Marina may also replace or repair at Homeowner’s expense, if Marina determines in Marina's sole discretion that such repair or replacement is necessary due to negligence or misuse of the Marina or any portion thereof, the following portions of the Marina: proprietary finger piers, ramps, common area pilings, pier decking and rails, landscaping, parking lot pavement and striping, lighting, meter pedestals, fire lines and related fixtures and utility lines under the piers. If Marina must repair or replace or modify any part of the Marina due to a change in laws or other government regulations or on account of a loss or other damage to the Berth and/or the Marina not covered by Marina's insurance, which determination shall be made in Marina's sole discretion, twenty percent (20%) of the cost of all such repairs or replacements shall be borne by Marina. Homeowner shall pay Homeowner's Percentage Share of the balance of said costs as additional rent. Marina shall notify Homeowner of Homeowner's Percentage

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Share of any such costs and Homeowner shall pay the amount set forth in Marina's notice within thirty (30) days of Marina giving Homeowner notice of the amount, provided, however, that if the sum demanded exceeds the then current amount of Rent, in which event Homeowner at Homeowner’s option may pay the sum demanded in twelve (12) equal monthly installments commencing on the first day of the month following the month in which Marina’s notice is given.

E. In the event Marina must repair or replace any portion of the docks or other infrastructure which is at or near the Berth and such repair or replacement in the determination of Marina cannot be made in a cost effective manner or without undue hazard to Homeowner’s Floating Home if it is not moved, Marina may undertake the relocation of Homeowner’s Floating Home in accordance with the provisions of this Paragraph.
(I) Marina shall give Homeowner at least sixty (60) day notice of Marina’s intention to move Homeowner’s Floating Home, except in an emergency, in which event relocation of the Floating Home may occur without advance notice.
(ii) Marina shall find a safe place at the Marina where the Floating Home may be moved to, but Marina shall not be obliged to provide a place that will allow Homeowner access to Homeowner’s Floating Home or provide any utilities to Homeowner’s Floating Home. If the Floating Home is so moved and access to it is thereby prevented, or if utilities are not available at the location where the Floating Home is moved, Rent will be abated until access and/or utility services are restored. (iii) Marina shall pay for all costs for such relocation of Homeowner’s Floating Home to and from the Berth.
(iv) Marina shall do the repairs or replacements as quickly as reasonably possible so that Homeowner is displaced from Homeowner’s Floating Home for as short a time as reasonably possible. (v) Marina shall have no liability or any responsibility for any damage that might occur on account of the moving of Homeowner’s Floating Home unless there is willful misconduct or gross negligence on the part of Marina or its agents in the moving of Homeowner’s Floating Home (which shall not be presumed and must be affirmatively established) that results in damage to Homeowners Floating Home, in which event Marina shall be liable for the cost of repairing any such damage but excluding any consequential damages. It shall be Homeowner’s responsibility to pack and secure any items of personal property and fixtures within the sixty (60) day or other notice period and Homeowner shall be solely responsible for any loss or damage to any such property from any cause whatsoever during the relocation of Homeowner’s Floating Home, and Marina shall not be liable for any loss or damages regardless of cause for any such loss or damage, unless caused by Marina’s gross negligence or willful misconduct.
(vi) Marina shall have the right to move Homeowner’s Floating Home whether or not Homeowner has vacated or has completed packing and securing Homeowners personal property and fixtures.

10. Alterations .

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Homeowner shall not make any alterations or additions to the Berth. Homeowner may, in Homeowner's sole discretion, make alterations and additions to the interior of Homeowner's Floating Home and to the exterior of the Floating Home, except as limited by the provisions of this Paragraph.

Homeowner may not, without Marina's prior written consent, make any improvements or additions to the external portion of Homeowner's Floating Home which will extend the envelope of Homeowner's Floating Home (i.e., such as adding a story or a deck) or add anything which will protrude from Homeowner's Floating Home more than 24 inches (such as an external antenna). Marina's consent will only be withheld if Marina in Marina's reasonable discretion determines that such addition, or the manner of its proposed construction, would be aesthetically detrimental to the Marina or create a health or safety hazard. If Marina's consent is given, such consent is conditioned upon Homeowner obtaining all necessary permits for such work and notifies Marina in writing at least five (5) business days prior to the commencement of any such work. Homeowner shall indemnify, defend and hold Marina, its agents and employees, harmless from any costs, expenses, damages or liabilities arising in any way out of any such work performed by or with the consent of Homeowner. Any work on the Floating Home shall be accomplished in a manner that prevents discharges into the water of any Hazardous Material, and that minimizes to the maximum possible extent noise or activities that interfere with the quiet enjoyment of others at the Marina. In addition to the foregoing limitations, Homeowner shall not make any modifications to Homeowner’s Floating Home that would constitute a violation of any applicable use permits issued to Marina, State or local laws or regulations, or any governmental authorization under which Marina is permitted to operate the Marina and lease the Berth.

11. Utilities and Services .

A. Homeowner is alone responsible to make all arrangements for the connection of all utilities and services furnished to or used by Homeowner in or about the Berth and Homeowner’s Floating Home, including, without limitation, gas, electricity, telephone service, meter fees, and for payment for such connections and services. Marina shall provide reasonable access to the Marina for such utility providers and may impose reasonable requirements on such providers as a condition for such access, including but not limited to the areas in which cables may be installed. Utility service providers must be licensed, maintain liability insurance in a type and amount consistent with prevailing local standards, and must comply with applicable laws.

B. Marina shall deliver to the pier at a place adjacent to the Berth appropriate installations to deliver gas, electricity, water and sewer services. Homeowner shall install and pay for all lines, permits, and installation fees for the transmission of such utilities from that point which Marina has caused the utility to be delivered on the pier to Homeowner's Floating Home. Homeowner shall repair and maintain in good condition at Homeowner's sole cost all of said connections between the pier and Homeowner's Floating Home. Marina shall have the right to inspect any such installations and if Marina should determine that any such utility installation is in need of repair, Homeowner shall repair, or caused to be repaired, such condition as soon as reasonably possible after notice from Marina. In the event that, in the opinion of Marina, any hazardous condition shall exist regarding any of said utilities or their connections, whether at the Berth or elsewhere in the Marina, Marina may cause the temporary disconnection of said utility until such hazardous condition is corrected or removed. Homeowner shall obtain all necessary permits prior to undertaking the repair of any such defective utility installation.

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C. Homeowner shall install on Homeowner's Floating Home a macerator or grinder type of sewage pump and maintain it at all times in good working condition. Homeowner shall abide by all rules and regulations regarding the disposal of garbage and participation in any recycling programs at the Marina. Marina's obligation to provide refuse removal service shall not include the removal of large, or bulky items or excessive quantities of debris nor any obligation to pay for any refuse service beyond the base refuse service. Whether an item or items are large, bulky or excessive shall be a matter within the Marina’s sole determination. Homeowner shall not dispose of appliances, furniture or any other items which do not fit into the garbage bins or are not considered “normal” household waste.

Homeowner shall participate in all recycling programs operated at the Marina and use receptacles provided by Marina for the disposal of recyclable waste. The cost of participation by Marina in all such recycling of waste/garbage programs shall be considered to be part of the cost of required refuse service at the Marina.

D. Marina shall have no obligation to provide hook ups or any facilities for telephone or cable television service. If at any time government regulations require that such installations and services be provided by Marina to Homeowner, Homeowner shall pay for Marina's cost in providing such service, including Marina's overhead and other indirect management costs, as additional rent hereunder, to the extent allowed under applicable public utility, communications or other laws.

E. Marina's obligation to provide electricity to the utility junction on the pier does not include any obligation on the part of Marina to provide additional wattage or wiring or type of electrical service for electronic equipment such as computers, etc. Marina hereby discloses to Homeowner that no electrical service beyond 50 amps is available and Homeowner agrees that Marina has no obligation to provide electrical service of any kind beyond 50 amps.

F. Under no circumstances shall Marina be liable to Homeowner for any damages or costs as the result of any interruption in the provision of any utilities provided to the Berth or Homeowner’s Floating Home (unless caused by the gross negligence or willful misconduct of Marina) nor does Marina warrant the quality or adequacy of supply of natural gas, water or electricity. Marina further does not warrant that any of the services above mentioned will be free from interruption caused by repairs, improvements or alterations of the Marina, any labor controversy, or any other causes of any kind whatsoever beyond the reasonable control of Marina, so long as Marina is diligently working to restore any such service which is under the control of Marina. Any such interruption of service from whatever cause shall never be deemed an eviction, actual or constructive, or a decrease in required services, or a disturbance of Homeowner's quiet enjoyment, use and possession of the Homeowner’s Floating Home or the Berth or Marina or render Marina liable for damages of any kind whatsoever. If such interruption in services materially interferes with Homeowner’s use and quiet enjoyment of the Berth, and such interference continues for a period of ninety (90) days after written notice of such interruption is given to Marina by Homeowner, Homeowner shall have the option of terminating the Agreement and vacating the Berth upon the giving of thirty (30) days notice to Marina.

12. Liability Exoneration .

In the absence of gross negligence or willful misconduct by the Marina, which shall not be presumed

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and must be affirmatively established, neither it nor its respective officers, directors, agents, affiliates or employees shall under any circumstances whatsoever be charged with or liable for direct, consequential or any other damages sustained, no matter how occurring, by Homeowner or his/her family, employees, invitees, or underwriters, including but not limited to loss of or damage to the Floating Home or any other personal property caused by theft, fire, defective electrical systems/parts, collision, chafing, mooring maintenance or faulty repair, or by reason of any other cause, or for personal injury or death, even if occasioned by the negligence of the Marina or its employees, officers or agents. Homeowner agrees to indemnify, protect and defend the Marina from and against any and all actual or potential liability arising or potentially arising from any such damage, injury, death or other loss by Homeowner and/or his her/family, employees, invitees, and/or underwriters. In the event Homeowner does not wish to be bound by the exonerations from and limitations of liability inuring to the benefit of the Marina hereunder, the Marina shall and does agree not to enforce any such provisions herein, provided Homeowner agrees to and does pay monthly fees in an amount of twice the Base Rent. Nothing in this Agreement is intended to or shall be construed as exonerating the Marina from liability based on harm directly caused by its willful misconduct or gross negligence.

13. Insurance.

A. Bodily Injury and Property Damage Insurance . Throughout the term hereof, Homeowner at its sole cost and expense shall obtain and maintain in full force and effect a policy or policies of comprehensive general liability insurance, including property damage insurance, insuring Homeowner and its residents against any or all liability for injury to persons or property and for death of any person(s) occurring in or about the Floating Home, the berth, or at the Marina due to any action or omission of Homeowner, Homeowner’s residents, agents, invitees, guests, or employees. (I) Each policy shall be subject to Marina’s written approval as to form and amount, but in no event shall the liability under such insurance be less than five hundred thousand dollars ($500,000.00) combined single limit coverage for bodily injury/death insurance and property damage. (ii) In the event Marina’s master insurance carrier requires higher limits at the time of exercise of any renewal or extension of this Agreement’s term, Homeowner shall obtain and maintain in full force the additional required coverage within 30 days of written notice of such required higher limits, unless Homeowner demonstrates to Marina’s satisfaction, which shall not be unreasonably withheld, that such coverage is not available at a commercially reasonable price. (iii) Marina shall be named as an additional insured on all such policies above. (iv) Homeowner shall provide Marina with copies or original certificates of all floating home insurance policies annually, including in each instance an endorsement providing that such insurance shall not be cancelled or modified without (10) days prior written notice to Marina. If, for any reason, Homeowner fails to obtain or maintain the insurance described herein, then Marina may, but is not required, to obtain and maintain such insurance, provided that Homeowner shall pay the entire cost of such coverage, plus an additional processing fee(s) of $500.00 within thirty (30) days after the Homeowner’s receipt of an invoice. Nothing in this Agreement shall be construed to limit the Marina’s right to terminate this Agreement in the event of Homeowner’s failure to abide by the insurance requirements herein .

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B. Waiver of Subrogation. The parties release each other, and their respective authorized representatives, from any claims for damage to any person or to the Berth and to the fixtures, personal property, Homeowner's improvements, and alterations of either Marina or Homeowner in or on the Berth that are caused by or result from risks insured against under any insurance policies carried by the parties and in force at the time of any such damage. Each party will attempt to have each insurance policy obtained by such party provide that the insurance company waives all right of recovery by way of subrogation against either party in connection with any damage covered by any policy.

C. Other Insurance Matters . All the insurance required to be carried by Homeowner under this Agreement shall be issued by insurance companies admitted to sell insurance in the State of California, with a financial rating of at least an A- status as rated in the most recent edition of Best's Insurance Reports and be issued as a primary policy. Homeowner shall inform Marina within fifteen (15) days if Homeowner receives notice of cancellation of any policy of insurance required under this Agreement.

14. Destruction .

A. In the event of the total destruction of the Marina, as defined in this Paragraph, this Agreement shall terminate and, at Marina’s option, Homeowner’s right to possession of the Berth shall also terminate. For purposes of this paragraph, a total destruction shall mean damage which would cost in excess of $250,000 to repair and the area which is damaged includes the common areas leading to the Berth, or the utility installations serving the Berth, or affects the Marina in such a way that Marina believes it would not be safe to allow Homeowner or any of Homeowner’s invitees to go to and from Homeowner’s Floating Home from the damaged portion of the Marina or roadways leading to the Marina. Marina may make a determination in its reasonable discretion as to whether such a total destruction has occurred. Prior to making such a determination, if Marina reasonably believes it is prudent to do so, Marina may prohibit Homeowner from using or installing temporary planks or other walkways that would allow access to Homeowner’s Floating Home and prohibit Homeowner from entering upon the damaged portion of the Marina.

B. In the event of a total destruction of the Marina, Marina shall have the following options and shall notify Homeowner of the option which Marina has determined to be appropriate under the circumstances:
(1) Terminate the Agreement, prohibit Homeowner from using or coming upon any portion of the Marina, including but not limited to the Berth, abate all rent until the destruction and damage is sufficiently remedied to allow the safe access to the Berth, which condition shall be determined by Marina in Marina’s sole discretion, and when such damage and destruction has been repaired, offer to Homeowner the right to re-rent the Berth for a term that equals the remaining term, which will not exceed the term of this Agreement, or any extension of its term. (2) Terminate the Agreement, prohibit Homeowner from using or coming upon any portion of the Marina, and terminate Homeowner's right to use and occupy the Berth. In such event, the parties agree that the destruction constitutes a change in the use of the Marina and Marina has gone out of the

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business of renting berths to the owners of Floating Homes. Provided Homeowner vacates the Berth and the Marina within ten (10) days of Marina’s termination of the Agreement, all rent shall be abated as of the date of the total destruction.

C. In the event of a partial destruction, which is hereby defined to mean damage or destruction costing less than $250,000 to repair and either the destruction can be remedied to a point that the access ways to the Berth can be rendered safe within a reasonable time or which does not render the Marina or that portion adjacent to the Berth unsafe for Homeowner to use, this Agreement shall not terminate.

Homeowner shall be obliged to continue to pay all Rent and other sums denominated as rent hereunder when due regardless of any inconvenience suffered by Homeowner or Homeowner's invitees on account of such partial destruction, and during the time that Marina is making repairs to the Marina provided that Homeowner has access to Homeowner’s Floating Home. All rent shall be abated for each day that Homeowner is denied access to Homeowner’s Floating Home. Marina may prohibit Homeowner from accessing Homeowner’s Floating Home until Marina constructs, if needed, access ways to and from Homeowner’s Floating Home to the piers and the land. If such partial destruction materially interferes with Homeowner’s use and quiet enjoyment of the Berth and such interference continues for a period of ninety (90) days after Marina receives notice of such destruction, Homeowner shall have the option of terminating the Agreement and vacating the Berth upon the giving of thirty (30) days notice to Marina.

D. Marina's determination of the extent of any such damage and whether or not it is safe to use the Marina, or any portion thereof, shall be conclusive upon Homeowner. Marina shall notify Homeowner of Marina's determination as soon as practical after the event causing the damage or destruction.

E. Except to the extent caused by Marina’s gross negligence or willful misconduct, Marina shall have no liability for any costs or damages incurred by Homeowner on account of any destruction to the Marina, whether partial or total, with the exception of the abatement of rent as provided for in this paragraph. Homeowner hereby waives the provisions of Civil Code Sections 1945 et seq ., which governs the automatic renewal of tenancies, and any other law now or hereafter in effect which would require Marina to pay any costs or damages to Homeowner on account of any condition of the Marina or the Berth, including Civil Code Section 1942, if applicable, often referred to as the “repair and deduct” provisions for residential dwelling units.

15. Condemnation
A. Definitions .
(I) "Condemnation" means (a) the exercise of any governmental power to take possession and/or ownership of the Marina or part of the Marina, whether by legal proceedings or otherwise, by a condemner and (b) a voluntary sale or transfer by Marina to any condemner, either under threat of condemnation or while legal proceedings for condemnation are pending. (ii) "Date of Taking" means the date the condemner has the right to possession of the property being condemned.

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(iii) "Award" means all compensation, sums, or anything of value awarded, paid, or received on a total or partial condemnation.
(iv) "Condemner" means any public or quasi-public authority, or private corporation or individual, having the power of condemnation.

B. If, during the term of this Agreement or any extension thereof there is any taking of all or any part of the Berth or any interest in this Agreement by a Condemner, the rights and obligations of the parties shall be determined pursuant to this paragraph. If the Berth or that portion of the Marina which provides access to the Berth are totally taken by Condemnation, this Agreement shall terminate on the Date of Taking. If the portion of the Marina that includes the Berth is totally taken by Condemnation, this Agreement and Homeowner's right to possession of the Berth shall terminate. Any award paid on account of any Condemnation shall belong to and be paid to Marina exclusively, except any portion thereof made to Homeowner for its relocation and moving expenses. The taking of the Berth or any part of the Berth by military or other public authority shall constitute a taking of the Berth by Condemnation only when the use and occupancy by the taking authority has continued for longer than one hundred eighty (180) consecutive days. During the one hundred eighty (180) day period all the provisions of this Agreement shall remain in full force and effect, except that Base Rent shall be abated or reduced during such period of taking based on the extent to which the taking interferes with Homeowner's use of the Berth, and Marina shall be entitled to whatever award may be paid for the use and occupation of the Berth for the period involved, except any portion made to Homeowner for its relocation and moving expenses.

16. Assignment, Subletting and Transfer .

A. Definitions . The occurrence of any of the following, whether voluntarily or involuntarily, because of death, divorce or disability, or by operation of law or otherwise, shall constitute a "Transfer" of this Agreement: (I) any direct or indirect sale, assignment, conveyance, alienation, sublease, hypothecation, encumbrance, mortgaging or other transfer of Homeowner's interest in this Agreement or Homeowner's Floating Home, or any part thereof or interest therein, (ii) if Homeowner is a Legal Entity (as defined below), the direct or indirect sale, assignment, conveyance, alienation, encumbrance, mortgaging or other transfer of any of the Ownership Interests (as defined below) in such Legal Entity, (iii) if Homeowner is a Legal Entity, some or all of whose Ownership Interests are owned by another Legal Entity, the occurrence of any of the events described in the preceding subparagraph (ii) with respect to such constituent Legal Entity, or (iv) if any other person or entity (except Homeowner's authorized representatives, employees, invitees or guests) occupies or uses all or any part of the Homeowner's Floating Home. As used herein, the term "Legal Entity" means any corporation, partnership, trust, association or other legal entity, and the term "Ownership Interest" means any share of stock, general or limited partnership interest, beneficial interest or other ownership interest therein, as the case may be. A "Transfer" includes a transfer of any interest in this Agreement held by a subtenant, assignee, transferee or other person claiming an interest in the Homeowner's interest in this Agreement. The provisions of this Section apply fully to any Transfer by any subtenant, assignee or other holder of any interest in the Homeowner's interest in this case. Notwithstanding the foregoing, a Transfer shall not occur: (A) if and for so long as Homeowner is a Legal Entity whose Ownership Interests are traded on any public securities exchange, the Transfer of any of the

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Ownership Interests of such Legal Entity, or (B) if a transfer due to a marital settlement incident to divorce provided Homeowner provides written notification of such transfer to Marina and any other information which Marina may reasonably require or (C) any other event that results in a change in the ownership and control of the Homeowner or the Homeowner's interest in this Agreement.

B. Homeowner shall not engage in or permit any Transfer of this Agreement or Homeowner's Floating Home absent full compliance with all of the terms and provisions of this paragraph 15. Any Transfer of this Agreement occurring without full compliance with all of the terms and conditions shall be voidable at the option of the Marina, and shall constitute a material default on the part of Homeowner hereunder.

C. Prior to engaging in or permitting any Transfer, Homeowner shall give written notice of any intended Transfer to Marina and shall provide Marina with the following information and documents:
(I) the name and address of the proposed transferee; (ii) whether the proposed transferee is going to have an ownership interest in Homeowner’s Floating Home and the nature and extent of said ownership, including the date when any escrow is to close if the transferee is purchasing all or a portion of Homeowner’s Floating Home; (iii) authorization for Marina to obtain a credit report for the proposed transferee; (iv) Marina’s standard form rental application filled out completely by the proposed transferee which application will include a requirement that the proposed transferee list his/her employment history for the last two years, and a statement specifying sources of current income and income for the past five years; (v) if the proposed transferee is an Entity, financial statements showing assets, income and expenses for the previous two calendar years prior to the year in which the proposed Transfer is to take place, and (vi) any other information, documentation or evidence that may be reasonably requested by Marina. Within ten (10) business days after the submission of all required information described in the preceding sentence, Marina shall give notice to Homeowner of its election under subparagraph D. below. All information delivered to Marina pursuant to this paragraph 15 shall be kept strictly confidential.

D. Upon receiving a request for Transfer of the Agreement, and compliance with subparagraph C. above, Marina shall have the right to do any of the following:
(1) Marina may consent to the proposed Transfer, subject to any reasonable conditions on such Transfer, which reasonable conditions may include without limitation: (a) that the proposed transferee assume the Homeowner's obligations under the Agreement (without, however, releasing Homeowner therefrom) and sign a Floating Home Berth Rental Agreement or Addendum hereto in which the transferee agrees to abide by all terms and conditions of this Agreement, (b) in the case of a proposed sublease, that the subtenant agree that Marina shall have the right to enforce any and all of the terms of this Agreement directly against such subtenant; and (c) Marina has inspected and approved the sewer pump that is in the Floating Home; (d) the transfer is only in conjunction with the sale of Homeowner's Floating Home.
(2) Marina may deny its consent to a purchaser of the Floating Home if it determines that the purchaser lacks financial ability to pay the rent and charges, or if it determines that, based on the purchaser’s prior tenancies, he or she will not comply with the rules and regulations in the Floating Home Berth Rental Agreement.

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E. Homeowner acknowledges and agrees that each of the above rights of Marina in the event of a proposed Transfer is a reasonable restriction on Transfer for purposes of California Civil Code Section 1951.4, which provides for restrictions on transfer, and the Floating Home Residency Law.

F. Any consent to any proposed Transfer, whether conditional or unconditional, shall not be deemed to be a consent to any other or further Transfer of the lease, or any other Transfer of the lease on the same or other conditions (if any). No Transfer shall in any way diminish, impair or release any of the liabilities and obligations of Homeowner, any guarantor or any other person liable for all or any portion of the Homeowner's obligations under the Agreement, unless the Transfer is the result of a sale or other conveyance of all of Homeowner’s right title and interest in Homeowner’s Floating Home.

17. Marina's Remedies : If cause for termination of this Agreement exists pursuant to Paragraph 2(C) above, Marina shall have the following remedies. These remedies are not exclusive; they are cumulative in addition to any remedies now or later allowed by law.

A. Marina may continue this Agreement in full force and effect, and the Agreement will continue in effect as long as Marina does not terminate Homeowner's right to possession, and Marina shall have the right to collect rent when due.

B. Marina may terminate Homeowner's right to possession of the Berth at any time by giving written notice(s) required by the Floating Home Residency Law or other statute, informing Homeowner of the termination of this Agreement. In such event, this Agreement and Homeowner's right to possession shall terminate on the date specified in such written notice.

C. No act by Marina other than giving notice to Homeowner shall terminate this Agreement. Acts of maintenance, or the appointment of a receiver on Marina's initiative to protect Marina's interest under this Agreement shall not constitute a termination of Homeowner's right to possession.

D. On termination, Marina has the right to recover from Homeowner:
(1) Any unpaid rent that had been earned at the time of termination of this Agreement and compensation for all other damages sustained by the Marina as a result of another breach or breaches of this Agreement resulting in termination of this Agreement for a reason or reasons specified in Paragraph 2C above, including any costs of suit (including attorney fees), contractual interest on unpaid sums at the rate of 10% per annum, and prejudgment interest; (2) The worth, at the time of the award, of the amount by which the unpaid rent that would have been earned after the date of termination of this Agreement until the time of award exceeds the amount of the loss of rent that Homeowner proves could have been reasonably avoided; (3) The worth, at the time of the award, of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of the loss of rent that Homeowner proves could have been reasonably avoided; and
(4) "The worth, at the time of the award" as used in (I) and (ii) of this subsection is to be computed by

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allowing interest at the rate of ten percent (10%) per annum. "The worth, at the time of award," as referred to in (iii) of this subsection is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (1%).

18. Marina's Entry on Floating Home and Other Areas on the Premises .

The Marina’s management may, pursuant to section 800.35 of the FHRL, enter a floating home owned by the Marina without prior written consent of the renter: (1) in case of an emergency; (2) upon reasonable notice during regular business hours to make necessary or agreed repairs; (3) when the Homeowner has abandoned the premises; (4) pursuant to a court order. The Marina’s management may enter a Floating Home not owned by the Marina: (1) in case of an emergency; (2) when the Homeowner has abandoned the premises; and (3) pursuant to a court order. Other entries on Floating Homes require prior written consent of the renter.

The Marina management shall have the right to access all other areas on the premises for any reason, including but not limited to the following:
(1) To correct what Marina determines to be a hazardous condition at any time. (2) To maintain, alter or improve the utilities, docks and other common areas at any reasonable time.

It is understood that such work might involve noise and debris and that such noise or debris during the hours between 8:00 a.m. and 5:00 p.m. Monday through Friday and 8:30 a.m. to 2:00 p.m. on Saturdays shall not be deemed to interfere with Homeowner’s quiet enjoyment.

In the absence of its gross negligence or willful misconduct, which may not be presumed and must be affirmatively established, Marina shall not be liable in any manner for any inconvenience, disturbance, nuisance, or other damage arising out of the entry on Floating Homes or on docks and other common areas that occur pursuant to this section.

19. Subordination . This Agreement is and shall be subordinate to any encumbrance now of record or recorded after the date of this Agreement affecting the Marina, the Berth or any other real property of which the Berth is a part. Such subordination is effective without any further act of Homeowner.

Homeowner shall from time to time on request from Marina execute and deliver any documents or instruments that may be required by a lender to effectuate any subordination. If Homeowner fails to execute and deliver any such documents or instruments, Homeowner irrevocably constitutes and appoints Marina as Homeowner's special attorney-in-fact to execute and deliver any such documents or instruments. Marina will attempt to obtain from its lender and any other holders of senior lien rights to those of Homeowner agreement that the rights of Homeowner under this Agreement will not be disturbed so long as Homeowner is not in default under any of Homeowner’s obligations under this Agreement.

20. Right to Estoppel Certificates and Updated Information . Within fifteen (15) days after notice from the other party to this Agreement, the responding party shall execute and deliver to the requesting party in recordable form, a certificate stating that this Agreement is unmodified and in full force and effect, or in full force and effect as modified, and state the modifications. The certificate also shall

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state the amount of Rent, the date to which Rent has been paid in advance, and the amount of the Security Deposit. Failure to deliver the certificate within the fifteen (15) days shall be conclusive that this Agreement is in full force and effect and has not been modified except as may be represented by the requesting party.

Homeowner shall also, as changes occur, notify Marina of all changes in the information which identifies Homeowner's Floating Home (as indicated in this Agreement) within ten (10) days of any such change. Homeowner's failure to so notify Marina of any such changes shall relieve and excuse Marina from any liability from any failure to notify any such person of the existence of an Event of Default.

21. Notice . Any notice demand, request, consent, approval, or communication that either party desires or is required by law to give to the other party or any other person shall be in writing and either served personally, sent by regular first class mail, postage prepaid, or sent by facsimile or email to the other party, provided the sending party obtains and maintains proof of receipt by the receiving party’s email or facsimile machine. Any notice demand, request, consent, approval, or communication that either party desires or is required to send to the other party shall be addressed to the other party at the mailing address, email address or facsimile number set forth in this Agreement. Either party may change its notification address by informing the other party in writing, personally delivered, mailed by first class mail, sent via facsimile or email. Notice of a change of notice address shall be deemed communicated on the third business day after the mailing if mailed , at the time of personal delivery, at the time it is emailed or the time it is sent via facsimile transmission. Homeowner hereby appoints as his or her agent to receive the service of all filings in an unlawful detainer action the person in charge of or occupying the Berth or Homeowner’s Floating Home at the time of the service. If no person shall be in charge of or occupying the same, then such service may be made by posting copies of such filing on the Floating Home in a conspicuous location, and thereafter mailing a copy by first class mail to Homeowner. Service shall be deemed completed five calendar days after the deposit of the summons and complaint, or other filings, in the mails as set forth herein; there shall be no further extension of time on account of mailing.

22. Waiver . The waiver by Marina of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant, or condition herein contained, nor shall any custom or practice which may grow up between the parties in the administration of the terms hereof be construed to waive or to lessen the right of Marina to insist upon performance by Homeowner in strict accordance with said terms. The acceptance of rent after the due date shall not be deemed to be a waiver of any preceding breach by Homeowner of any term, covenant or condition of this Agreement, regardless of Marina's knowledge of such preceding breach at the time of acceptance of such rent.

23. Sale of Berth . If Marina sells or transfers its interest in the Berth, upon the consummation of the sale or transfer, Marina shall be released from any liability thereafter accruing under this Agreement if Marina's successor has assumed in writing, for the benefit of Homeowner, Marina's obligations under this Agreement. If any security deposit or prepaid rent has been paid by Homeowner, Marina can transfer the security deposit or prepaid rent to Marina's successor and on such transfer Marina shall be discharged from any further liability in reference to the security deposit or prepaid rent.

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24. Surrender of Berth . If Homeowner's right to occupy the berth is terminated, on such termination Homeowner shall surrender to Marina the Berth, remove Homeowner’s Floating Home, and vacate the berth. If Homeowner fails to surrender the berth to Marina and remove Homeowner’s Floating Home, Homeowner shall hold Marina harmless from all damages resulting from Homeowner's failure to do so, including, without limitation, claims made by a succeeding tenant resulting from Homeowner's failure to surrender the berth and all costs of removing Homeowner's Floating Home.

25. Holding Over .

A. Leased Premises Holdover . If Homeowner, with Marina's consent, remains in possession of the Leased Premises after expiration of the term of this Agreement, or any extension thereof, such possession by Homeowner shall be deemed to be a month-to-month tenancy terminable on sixty (60) days advance notice or on the minimum amount of time as set forth in the Floating Home Residency Law, whichever is greater, given by either party. All provisions of this Agreement except that pertaining to term and rent shall apply to the month-to-month tenancy and Marina shall have the right to increase Homeowner’s Rent to the Current Rent Schedule and also pass through to Homeowner any of the other items listed as additional rent in paragraph 3. If Homeowner holds over without Marina's consent, Marina's damages shall also include the per diem rental value of the Berth measured by the greater of (a) the Rent due in the last month of the term of this Agreement divided by 30 plus the daily cost of real estate taxes and insurance or (b) the monthly Current Rent Schedule for a Floating Home the size of Homeowner’s Floating Home and used as Homeowner uses Homeowner’s Floating Home divided by 30 plus the daily cost of real estate taxes and insurance.

B. Leased Storage Holdover . If Homeowner retains possession of the leased storage space or any part thereof without Marina’s consent following termination of this Agreement, Homeowner shall, if all items are not removed the storage space by the termination date, pay to Barnhill Marina double the cost of the daily rental calculated as follows: 2.0 x (Monthly rent as date of termination divided by 30 days).

26. Consent of Parties . Whenever consent or approval of either party is required, that party shall not unreasonably withhold such consent or approval.

27. Time of Essence . Time is of the essence of each provision of this Agreement.

28. Successors . This Agreement shall be binding on and inure to the benefit of the parties and their successors, except as otherwise hereinabove provided.

29. Covenants and Conditions . All provisions, whether covenants or conditions, on the part of the Homeowner shall be deemed to be both covenants and conditions.

30. Applicable Law/Forum Selection : This Agreement shall be construed and interpreted in accordance with the laws of the State of California, and to the extent applicable, the statutory and General Maritime Law of the United States. Any legal action initiated by a party to this Agreement shall be filed in Alameda County, in a Court of competent jurisdiction.

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31. Captions . The captions of this Agreement shall have no effect on its interpretation.

32. Number . When required by the context of this Agreement, the singular shall include the plural.

33. Joint and Several Obligations . "Party" shall mean Marina or Homeowner; and if more than one person or entity is Marina or Homeowner, the obligations imposed on that party shall be joint and several.

34. Complete Agreement . There are no oral agreements between Marina and Homeowner affecting this Agreement, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, brochures, agreements and understandings, if any, between Marina and Homeowner or displayed by Marina to Homeowner with respect to the subject matter of this Agreement. There are no representatives between Marina and Homeowner other than those contained in this Agreement, and all reliance with respect to any representations is solely upon the representations contained in this Agreement. This Agreement may only be modified in writing and signed by all the parties.

Dated: ________________ Signature of Owner of Floating Home: __________________________ Dated: ________________ Signature of Owner of Floating Home: __________________________ Dated: _________________ Signature of Marina Representative: ____________________________

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B.M.B
_______________________________________________________________ 2394 Mariner Square Dr
Alameda, CA 94501

ATTACHMENT A
ADDITIONAL TERMS – RULES AND REGULATIONS

1. Water. To conserve water when using a hose, automatic shut off nozzles must be attached to hoses. Hoses present on a dock can constitute a trip hazard, and hoses can burst if deteriorated and the water is turned on. Hoses therefore may not be connected or placed on docks unless they are actively being used. When not in use they must be stored on the Floating Home.

2. Fishing/Swimming. Fishing or swimming from Marina premises shall not be permitted.

3. Bicycles/Skates, Etc. No person shall roller skate, roller blade, skateboard, ride bicycles, motor scooters or motorcycles on the docks or gangways located at the Marina.

4. Projections Beyond End of Berth. Unless the Marina otherwise agrees in writing, no Floating Home or any part thereof (including all extensions decks) may project beyond the end of the berth into the waterway or may create an obstruction to those wishing to accessing any part of the Marina, and in no event may any Floating Home pose a risk to safe navigation of other water craft at the Marina. No part of the Floating Home may overhang the walkway(s).

5. Children. Children under 12 years are not permitted on docks without the immediate presence of their parents or other responsible adults. Non swimmers or toddlers are requested to wear life jackets when on the docks or boat decks. Children under 18 must have adult supervision while on the Marina docks.

6. Hazardous Activities/Barbecues. All high risk fire hazards, including the storage of flammable materials on docks is strictly prohibited. Barbecues are strictly prohibited on all dock areas. Use of charcoal barbecues is not allowed on Floating Homes. Gas fired barbecues are permitted, but only if they are located on the Floating Home.

7. Discharges from Floating Homes/Disposal of Liquids. No person shall throw, discharge or deposit from any boat or float any refuse matter, oil, spirits, inflammable liquid, oily bilge water or other contaminants into the water or Marina premises. All such substances shall be deposited at appropriate disposal sites. Floating Homes with automatic bilge pumps shall be maintained in such a manner as to prevent the discharge of contaminants overboard. Marina prohibits the use of detergents and emulsifiers on fuel or oil spills. Marina requires Floating Home owners to use oil absorbing materials in bilges (if any). In the event of a discharge of oil or other contaminant, the Floating Home Owner is required to immediately notify the Marina, the U.S. Coast Guard and all other agencies, as

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Initials: _________ _________
required by law. Owner shall also immediately take all necessary actions to remove spilled substances from the water and from all pilings, water craft and other surfaces impacted by the spill. The Owner shall if necessary retain the services of a professional pollution response company. Marina prohibits open containers of paints or other maintenance supplies on the docks. Liquids must be stored only in sealed containers the Owner's Floating Home or off the Marina's premises.

8. Use of Chlorinators. Use of boat toilets not equipped with chlorinators or effluent treatment or storage devices shall not be permitted within the Marina. The Marina reserves the right to inspect all Floating Homes for installation and proper operation of such sanitation devices.

9. Laundry. There shall be no laundering or drying of wearing apparel or towels other than in the interior of Floating Homes. Drying of clothes or other items on the exterior of Floating Homes is prohibited.

10. Noise and Conduct. Disorder, depredations or indecorous conduct by the Owner of a Floating Home or his or her visitors that might injure a person, disturb other berth tenants, cause damage to the property or harm the reputation of the Marina shall be just cause for termination of the Floating Home owner's Floating Home Berth Rental Agreement. The Floating Home owner shall not make or allow any disturbing noises on the docks or anywhere on the premises, with particular emphasis between the hours of 9:00 p.m. and 9:00 a.m. Owner shall not permit those at the Marina at his or her invitation to engage in any conduct which will interfere with the rights, comforts or convenience of others. The activities and conduct of all at the Marina must be reasonable at all times. The Floating Home owner assumes full responsibility for his/her guests' conduct and agrees to be held jointly and severally liable for all consequences of his/her guests actions or misconduct. Parties on the dock without prior written consent of the Marina are prohibited.

11. Boarding Steps and Other Dock Obstructions. Anything left on docks or other areas of the Marina pose potential hazards to all on the premises. The safety of those on Marina property is a matter of paramount importance. Therefore, apart from boarding steps that have been approved by the Marina, nothing may be left on the docks or other places located on the Marina's premises. Only one boarding step (if approved) may be used per Floating Home. Dock steps used for ingress to and egress from a Floating Home shall not be wider than one half of the width of the finger to which the Floating Home is moored, and no more than three feet in length. The steps must be of a light weight construction, must blend in with the decor and must approved in advance of placement by the Marina.

The Marina reserves the right to prohibit storage within boarding steps.

12. Working on Floating Homes. Apart from ordinary maintenance, no work involving the Floating Home may be accomplished while at the dock or otherwise on Marina property. Prohibited work includes, but is not limited to, heavy sanding, use of paint remover, spray guns, or the burning of paint. Those sanding on Floating Homes are required to recover and dispose of all sanding dust.

Contractors hired to work on the Floating Home must be approved by the Marina prior to the commencement of such work, must sign a Premises Access Agreement at the Marina Office, and each such contractor must maintain and provide proof of liability insurance in an amount of at least $500,000, and worker compensation coverage for employees. Floating

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Initials: _________ _________

13. Damage to Marina Property. Each Floating Home owner will be held responsible for any damage to the Marina premises and/or structures (including docks, ramps, electrical pedestals and/or utilities) caused by them, or their guests, agents and/or employees. Floating Home owners are required to immediately clean up any oil, paint or other materials that are spilled, dripped or otherwise applied to the docks or other Marina property. Such damage will be repaired or corrected solely by Marina at the expense of the Floating Home owner.

14. Solicitations. No person may solicit business or offer for sale goods, wares, merchandise or services, or solicit orders for such sales on the premises of the Marina.

15. Maintenance of Slip and Surrounding Areas. Floating Home owners shall maintain the Berth, the walks, floats, ramps, gangways and docks in, about and surrounding the Berth in a neat, clean and unobstructed condition at all times. Should it become necessary for Marina to maintain the area in said condition, it will be done at such owner’s expense.

16. Disposal of Refuse. No one is permitted to deposit into any garbage can or other receptacle located on Marina property any of the following: (1) paint, varnish, thinner, non edible oil or other flammable or hazardous materials; (2) Floating Home parts or appurtenances, including furniture, and structural parts; or (3) any item weighing in excess of 20 pounds.

17. Fishing and Fish Cleaning. Fishing is not allowed in the Marina under any circumstances from boats or docks. No fish cleaning is permitted on the docks or in the slips. If fish are cleaned aboard a Floating Home, the waste products may not be deposited into the water.

18. Storage of Equipment. Owner shall not store or leave any items on the floats, docks, fingers or landings, including plants, bicycles, dinghies and other items. Bicycles must be stored on the Floating Home or on any dedicated bike rack, if the Marina elects in its sole discretion to provide one.

19. Restricted Access Through Gates. In the interests of security, safety and privacy, Floating Home owners and their guests are not permitted to open gates for any individual not personally known to be a marina tenant.

20. Maintenance Best Management Practices. Owner and Owner's contractors must adhere to the following procedures.

General Environmental Policies.

1. All contractors, independent contractors and self employed boat workers hired by Owner must maintain proof of insurance in the minimum amount of $500,000, a current business license, worker compensation coverage for employees and register with and receive prior approval from the Marina before beginning work on the Marina's premises. The Marina requires the use of Best Management Practices for a clean environment.

2. Floating Home owners may undertake basic projects as needed to maintain their Floating Home’s safety, appearance and utility, as specified above.

3. New or substantial work must be approved by the Marina prior to undertaking the project.

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Initials: _________ _________

4. All Floating Home owners are reminded that the Marina is a recreational area and not a boat yard or repair facility.

Engines and Bilges/Disposal of Contaminants, Parts, Etc.

1. Use absorbent bilge pads to soak up oil and fuel.

2. Do not discharge bilge water if there is a sheen to it.

3. Recycle oil and fuel products properly.

4. Dispose of absorbent pads and filters properly.

5. Do not dispose of any fuel, paint, oil, other liquid waste, absorbent pads/rags, batteries, engine parts, or other contaminated materials into the Marina's trash dumpster. These materials must be removed from the Marina's premises and disposed of properly at a facility authorized to dispose of such materials.

Painting, Varnishing and Bottom Paint.

1. Limit the amount of open solvents or points on the docks to one (1) gallon at a time.

2. Always mix paints and epoxy over a tarp.

3. Always use a pan or drop cloth.

4. Use up remaining bits of paint by spreading it on an old board.

5. Spray painting is not allowed in the marina.

6. Do not dispose of any paint, oil, varnish, absorbent pads/rags or other contaminated material into the Marina's trash dumpster.

7. Marina recommends the use of non toxic, biocide free bottom paints.

8. Bottom cleaning must utilize Best Management Practices to minimize discharge of bottom paint.

9. Floating home Owners are encouraged to use environmentally friendly hull cleaning companies who use Best Management Practices and monitor their divers.

Surface Preparation.

1. Use biodegradable soaps, cleaners and teak cleaners approved for ocean waters.

2. Liberally use tarps to capture all scrapings, debris and drips. No material may enter the water.

3. Use vacuum power sanders, vacuum all dust and debris. No material may enter the water.

Sewage.

1. Untreated sewage must never be discharged into the harbor waters.

2. Store sewage in holding tanks and dispose of sewage properly at pump out stations.

3. Never discharge Type I sewage while moored in the Marina.

Solid Waste Disposal.

1. Dispose of all garbage in proper shore side dumpster.

2. Let empty cans dry thoroughly before disposing of them into trash dumpster.

3. Please recycle green, brown and clear glass, newspapers and aluminum products.

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Initials: _________ _________
Chemical Storage.

1. Purchase only the amount of chemicals/paints you need for a project.

2. Review storage of paints, varnishes, solvents, and chemicals every six months.

3. Properly dispose of old or unnecessary products.

4. Do not store more than two gallons (total) of these products on your Floating Home.

5. Never store any of these products in a dock steps.

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Initials: _________ ___________
B/C Dock Gate /
Tool Shed D/E Dock Gate
B11 B12 B13 B14 B15 B16 B17 B18
B10
B08
B19
B06
B05
B04
B02
B21 B09
B07
B03
B20
C01 C02
C03 C04
C05 C06
C08
D03
D04
D05
D07
D08
D09
D11
D12
D14
D15 D16 D17
E01 E03 E04
E05
E06
E07
E10
E11
E12
E13
D10
D06
Barnhill Marina & Boatyard
Legend:

Floating home
Boat
D13
FE
FHE

Page 1 of 29 ends

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IT IS HEREBY AGREED :

Marina hereby leases to Homeowner, and Homeowner hereby leases from Marina, the Berth specified above, for the term and subject to the covenants, agreements and conditions specified herein.

1. Definitions :

E. Homeowner . “Homeowner” means a person who owns or resides in the Floating Home pursuant to this Agreement.

G. Resident . The term “Resident” shall mean the Homeowner or other person who lawfully occupies the Floating Home.

Page 3 of 29 ends

2. Terms of Tenancy :

B. Option to Renew . Provided Homeowner is not in default hereunder, is in possession of the Premises at the time of exercise of its option to extend the term of this Agreement, and subject to the issuance of all necessary governmental agency permits to the Marina, Homeowner shall have the option to renew this Agreement for ____ additional period(s) of _____________________under the same terms and conditions of this Agreement subject to an adjustment in Base Berth Rent to Market Rent as hereinafter set forth. If Homeowner desires to exercise this option to extend by giving notice no less than thirty (30) days prior to the expiration of the initial term, Base Rent for this option period shall be adjusted to Market Rent, payable monthly, with a minimum CPI adjustment of not less than two percent (2%) per annum over the prior year. Any option to renew shall be memorialized in an Addendum executed by the parties.

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4. Rent and General Provisions Regarding Payments :

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5. Security and Key Deposits :

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B. Key Card Deposit . Homeowner agrees to an additional security deposit of fifty dollars ($50) per key card. Homeowner has been issued and is in possession of ______ key card(s).

6. Use .

7. Limitations on Use . Homeowner's use of the Berth shall be in accordance with the above, the following and the additional Rules and Regulations appended hereto as Attachment A:

A. Homeowner Acts Resulting in Cancellation of Marina’s Insurance or Increase in Rates .

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Homeowner shall furthermore immediately notify in writing Marina of any inquiry, test, investigation, enforcement proceeding by or against Homeowner or the Berth concerning a hazardous material.

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H. Pets . Homeowner and Homeowner guests may not bring any unleashed pets while on the docks.

Cats are not allowed on the docks. Water and food bowls and litter boxes are not allowed on the docks.

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8. Personal Property Taxes .

9. Repairs and Maintenance .

C. Marina supplies no services to the Homeowner, other than those specified in this Agreement.

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10. Alterations .

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11. Utilities and Services .

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12. Liability Exoneration .

In the absence of gross negligence or willful misconduct by the Marina, which shall not be presumed

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13. Insurance.

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14. Destruction .

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16. Assignment, Subletting and Transfer .

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18. Marina's Entry on Floating Home and Other Areas on the Premises .

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25. Holding Over .

26. Consent of Parties . Whenever consent or approval of either party is required, that party shall not unreasonably withhold such consent or approval.

27. Time of Essence . Time is of the essence of each provision of this Agreement.

28. Successors . This Agreement shall be binding on and inure to the benefit of the parties and their successors, except as otherwise hereinabove provided.

29. Covenants and Conditions . All provisions, whether covenants or conditions, on the part of the Homeowner shall be deemed to be both covenants and conditions.

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31. Captions . The captions of this Agreement shall have no effect on its interpretation.

32. Number . When required by the context of this Agreement, the singular shall include the plural.

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B.M.B
_______________________________________________________________ 2394 Mariner Square Dr
Alameda, CA 94501

ATTACHMENT A
ADDITIONAL TERMS – RULES AND REGULATIONS

2. Fishing/Swimming. Fishing or swimming from Marina premises shall not be permitted.

3. Bicycles/Skates, Etc. No person shall roller skate, roller blade, skateboard, ride bicycles, motor scooters or motorcycles on the docks or gangways located at the Marina.

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The Marina reserves the right to prohibit storage within boarding steps.

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Initials: _________ _________

14. Solicitations. No person may solicit business or offer for sale goods, wares, merchandise or services, or solicit orders for such sales on the premises of the Marina.

20. Maintenance Best Management Practices. Owner and Owner's contractors must adhere to the following procedures.

General Environmental Policies.

2. Floating Home owners may undertake basic projects as needed to maintain their Floating Home’s safety, appearance and utility, as specified above.

3. New or substantial work must be approved by the Marina prior to undertaking the project.

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Initials: _________ _________

4. All Floating Home owners are reminded that the Marina is a recreational area and not a boat yard or repair facility.

Engines and Bilges/Disposal of Contaminants, Parts, Etc.

1. Use absorbent bilge pads to soak up oil and fuel.

2. Do not discharge bilge water if there is a sheen to it.

3. Recycle oil and fuel products properly.

4. Dispose of absorbent pads and filters properly.

Painting, Varnishing and Bottom Paint.

1. Limit the amount of open solvents or points on the docks to one (1) gallon at a time.

2. Always mix paints and epoxy over a tarp.

3. Always use a pan or drop cloth.

4. Use up remaining bits of paint by spreading it on an old board.

5. Spray painting is not allowed in the marina.

6. Do not dispose of any paint, oil, varnish, absorbent pads/rags or other contaminated material into the Marina's trash dumpster.

7. Marina recommends the use of non toxic, biocide free bottom paints.

8. Bottom cleaning must utilize Best Management Practices to minimize discharge of bottom paint.

9. Floating home Owners are encouraged to use environmentally friendly hull cleaning companies who use Best Management Practices and monitor their divers.

Surface Preparation.

1. Use biodegradable soaps, cleaners and teak cleaners approved for ocean waters.

2. Liberally use tarps to capture all scrapings, debris and drips. No material may enter the water.

3. Use vacuum power sanders, vacuum all dust and debris. No material may enter the water.

Sewage.

1. Untreated sewage must never be discharged into the harbor waters.

2. Store sewage in holding tanks and dispose of sewage properly at pump out stations.

3. Never discharge Type I sewage while moored in the Marina.

Solid Waste Disposal.

1. Dispose of all garbage in proper shore side dumpster.

2. Let empty cans dry thoroughly before disposing of them into trash dumpster.

3. Please recycle green, brown and clear glass, newspapers and aluminum products.

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Initials: _________ _________
Chemical Storage.

1. Purchase only the amount of chemicals/paints you need for a project.

2. Review storage of paints, varnishes, solvents, and chemicals every six months.

3. Properly dispose of old or unnecessary products.

4. Do not store more than two gallons (total) of these products on your Floating Home.

5. Never store any of these products in a dock steps.

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Floating home
Boat
D13
FE
FHE

FHE FHE
FHE
FHE
FHE
FHE
FHE
FHE
FHE
FHE
FHE
FHE = Fire hose & extinguisher
FE = Fire extinguisher
EB = Emergency box
LAD = Emergency Ladder
RAMP = Ramp
FHE
EB
EB
FE
FHE
FHE
LAD
LAD
LADLAD
LAD
LAD
RAMP
Exhibit A
From: Trish Spencer
To: Lara Weisiger
Subject: Fwd: Urgent**BarnHill Marina** needs support from City officials Date: Tuesday, April 19, 2022 7:10:01 AM
---------- Forwarded message ----------
From: Lisa Cannelora <[email protected]>
Date: Apr 18, 2022 10:59 PM
Subject: [EXTERNAL] Urgent**BarnHill Marina** needs support from City officials To: Trish Spencer <[email protected]>
Cc:

Dear Council Member Spencer,
My name is Lisa Cannelora, I am the owner of Cucina di Cannelora Kitchen Design since 2007 and previously owner Why Cook? on Harbor Bay Landing established 1995.

I am also
an 1.5 year owner and resident of a floating home in Barnhill Marina.

I am writing you to with gratitude for your time and consideration of the Barnhill Community urgent plight with the new owners of Barnhill Marina, Amarpal Narang of Redwood Valley Investments and other unknown partners thru BHM&S a Wyoming LLC practicing business in CCalifornia without being registered in the state of California.

As you know, our Community has been slapped with slip rent increases from 37% - 179%.

Of the 40 floating homes and numerous live aboards many of the residents are over 65 and the increases are untenable, as they are on fixed incomes.

Mr. Narang has told a few of the
residents that they could continue to pay the old slip fees and he would deduct the balances owed at the time they sell their homes.

This appears to be some kind of lien or reverse
mortgage, of which is an illegal practice without license and a form of elder abuse.

Our community is fearful of eviction or devaluation of our properties. Currently there are at least two homes that have fallen out of escrow because the new ownership will not commit to a stable rent slip fee.

Therefore selling our homes for market value is no longer and option.

Because the floating homes are in a unique situation( a secret treasure to the city of Alameda) and not allowed to relocate to a more affordable Marina, we all are fearing that our largest investments are doomed
and we may become homeless if we do not agree to
these egregious rents.

As we are all homeowners, we all pay property taxes, shop locally, act as docents and donors to so many non profits throughout Alameda.

Girls Inc., Boys and Girls
Club, Alameda Museum, Alameda Meals on Wheels (thank you Rosemary!!, a 30 year resident here) Rythmix, Midway Shelter, just to name a few.

Several of the community
members will be out on the Alameda estuary on Earth Day Saturday the 23rd cleaning up debris and helping keep the water ways clean.

We Cherish our homes and community and
know that Barnhill is ahead of it’s time.

With so many issues facing the Bay with rising waters threatening Alameda and surrounding areas Barnhill could be held as a model for the future for alternative and affordable housing.

We are looking forward to presenting our case to the City Council 4.28.22 and once again appreciate your support against this Owner who is new to Alameda and does not understand greater Alameda’s history of strong community and looking out for one another.

I have included a video of the wonders of living on the water.

Hopefully, Lisa Cannelora
Barnhill Marina
E8
From: Trish Spencer
To: Lara Weisiger
Subject: Fwd: [EXTERNAL] Barnhill Marina Floating Home Community Date: Thursday, April 14, 2022 12:43:55 PM
Attachments: We sent you safe versions of your files.msg BarnhillCommunityLetter4-6-22.pdf
---------- Forwarded message ----------
From: Glynnis Kaye <[email protected]>
Date: Apr 13, 2022 2:24 PM
Subject: [EXTERNAL] Barnhill Marina Floating Home Community To: CityCouncil-List <[email protected]>
Cc:

Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.

Dear Councilmembers:

I have a friend who lives in the Barnhill Marina floating home community in Alameda. She and several other residents of the community are greatly stressed about the potential for displacement that they face with extreme rental rate increases from their landlord. They desperately need protection from the City of Alameda--especially with the huge housing shortage in Alameda and the rest of the Bay Area. The attached letter, which was sent to Alameda City Manager Eric Levitt earlier this month, clearly articulates their situation and what appears to be a misinterpretation of Costa-Hawkins state legislation as it applies to floating homes--which are not houseboats, but permanent homes that float. Please act now to help these constituents protect the investments they have in their homes and neighborhood, and their rights as tenants.

Thank you,
Glynnis Kaye
(925) 998-5002
April 6, 2022
Dear Eric,
Thank you again
for meeting with us on Tuesday, March 29, and for so clearly and quickly
understanding the dilemma we face. And thank you for asking the city attorney to take another
look at our situation, namely, that floating homeowners require protection from actual or constructive eviction according to the CA Floating Home Residency Law but that we have not been provided that protection. Instead, we are trapped
in an anti-competitive situation due to the BCDC’s restriction on new floating home marinas. This contradiction
between the legislature’s clear intent to protect
floating
homes and a state regulatory agency’s disregard for this mandate has given rise to our present, unfortunate
situation.

To be clear, what we are facing is not only immediate, exorbitant rent increases (of up to 109%), but a lease that also passes through property taxes and capital improvement costs and promises
to increase rent annually to “market rate,” a number with no cap that is to be determined
at the marina owner’s sole discretion. Floating home berth rental calls for a residential lease by nature (and by the FHRL), but our marina owner has introduced a 29-page triple net commercial lease, which will result in some of us being immediately displaced and many others being squeezed out over the medium term. We find ourselves in urgent need of a local regulation to grant us the protection the state legislature
intended. It is in this spirit that we turn to you and to the City for protection. There is literally
no other option.

Since our discussion with Vice Mayor Vella and our meeting with you, we have found several instances of the CA legislature extending mobile home protections to floating homes. We believe this pattern supports our assertion that Costa-Hawkins never intended
to exclude floating homes from rent protection. We believe this interpretation of Costa-Hawkins
is a valid representation of the state legislature’s intent due to a clear pattern of recognizing
the unique vulnerability of floating homes and mobile homes: we own our homes but rent the pad or berth, both are expensive and difficult to move, and
both exist in an anti-competitive
environment with nowhere to move; in the case of
floating
homes, this is exacerbated by the BCDC’s restriction on new floating home marinas and berths.

Mobile home laws have been extended to floating homes on numerous occasions:
● The Floating
Home Residency Law was based on the Mobile Home Residency law and is nearly identical to it.
● In 2012-2013, mobile home law was the model for two assembly bills designed to make it easier for floating home marina residents to purchase their marinas: AB 2046 (no property tax reassessment) and AB 253 (easier parcel mapping for condominium
conversion, guidelines for not displacing residents).
● In late 2021, AB2782, a change of use protections bill that was written almost entirely for mobile homes included a clause extending those protections to floating homes.

It seems that when
the legislature remembers to include floating homes, they treat us as mobile
homes, extending the same protections to us. We have found no instance where floating
homes have been specifically excluded from protections extended to mobile homes.

Neither floating homes nor mobile homes are treated solely as single family homes under California law. If Costa Hawkins had intended to exclude floating homes from rent control, it would
– and should – have specified this. Rather, the authors of Costa- Hawkins recognized the special nature of the ownership-rental arrangement in mobile home parks and excluded them from its legislation; we believe they simply forgot to

include floating home marinas in that recognition. If mobile homes are not considered single family homes under Costa-Hawkins, then floating homes ought not to be either.

We respectfully and urgently ask that you accept this interpretation of Costa-Hawkins and include floating homes in Alameda’s rent stabilization ordinance. Time is of the essence, as some of us–including seniors on fixed incomes–will soon face eviction and displacement if we are not offered protection. We appreciate your understanding of the gravity of our situation and we gratefully acknowledge the effort required by the city to protect us. Thank you for your time and attention to this matter.

Respectfully,
Ashley Mullins
Liz Williams
Alameda Floating Homes Government Relations Committee

Alameda City CouncilApril 28, 2022

Alameda City Council
April 28, 2022