City of San Marcos 1 Civic Center Drive
San Marcos, CA 92069
Tuesday, May 19, 2026
Regular City Council Meeting
Special San Marcos Successor Agency to the San Marcos Redevelopment Agency Meeting Special San Marcos Successor Housing Agency to the San Marcos Redevelopment Agency Meeting Regular Fire Protection District Meeting
Special San Marcos Public Financing Authority Meeting
Regular San Marcos Public Facilities Authority Meeting
City Council Chambers
6 PM
City Council Regular Agenda
CALL TO ORDER
ROLL CALL
ORAL COMMUNICATIONS
Persons wishing to speak on items not on the agenda may do so during this time period, provided remarks are confined to matters within the subject matter jurisdiction of the City Council. Speakers are limited to three minutes.
Please complete a “Request to Speak” form and place in basket provided at the rear of the Chamber in advance of the start of that portion of the meeting. The first Oral Communication segment consists of a 15 minute timed segment during which the Council will hear as many speakers as possible. Any speakers not heard during the first Oral Communications segment will automatically be called during the continuation of the Oral Communication segment at the end of the agenda. Please note that, subject to very limited exceptions, the City Council is precluded by State law from discussing or taking action on any topic that is not included on the posted agenda.
RENT REVIEW HEARING
1 May 19, 2026City Council Regular Agenda
SPRINGDALE ESTATES RENT REVIEW HEARINGTMP-24551.
Recommendation: CONDUCT the rent review hearing to consider the petition submitted by the affected residents of Springdale Estates.
Springdale Estates Rent Review Hearing -Table of Contents Tab 2 - Hearing Format
Tab 3 - SM 000409 - SM 000437
Tab 4 - SM 00226 - SM 00227
Tab 5 - SM00396-SM00397
Tab 6 - PO 00001 - PO 00142
Tab 6a - PO 00143 - PO 00330
Tab 6b - SM 00001 - SM 00403
Tab 7 - TR 00001 - TR 00026
Tab 8 - CC 000001 - CC 000038
Tab 9 - SM 000404 - SM 000408
Tab 10 - PO 000331 - PO 000332
Tab 11 - TR 00027 to TR 00071
Resolution - Springdale Estates Rent Review Hearing.5.19.26 Attachments:
ADJOURNMENT
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) SS.
CITY OF SAN MARCOS )
I, PHILLIP SCOLLICK, CITY CLERK OF THE CITY OF SAN MARCOS, HEREBY CERTIFY
THAT I CAUSED THE POSTING OF THIS AGENDA IN THE GLASS DISPLAY CASE AT THE NORTH ENTRANCE OF CITY HALL AND ON THE CITY'S WEBSITE ON MAY 15, 2026, 5:30 P.M.
DATE: MAY 15, 2026
PHILLIP SCOLLICK, CITY CLERK
2 City of San Marcos
Staff Report
1 Civic Center Drive
San Marcos, CA 92069
File #:TMP-2455
MEETING DATE:
May 19, 2026
SUBJECT:
SPRINGDALE ESTATES RENT REVIEW HEARING
Recommendation
CONDUCT the rent review hearing to consider the petition submitted by the affected residents of Springdale Estates.
Board or Commission Action
Not applicable.
Relevant Council Strategic Theme
Not applicable
Relevant Department Goal
Not applicable
Executive Summary
The San Marcos Rent Review Commission is the reviewing authority for proposed mobilehome rent increases, pursuant to San Marcos Municipal Code (“SMMC”) Chapter 16.16. In September 2025, the owners of Springdale Estates mobilehome park (“Springdale”)notified the park tenants of a proposed 4% rent increase, to be effective January 1, 2026. In response, a majority of the affected park tenants signed a petition, which was filed with the City, requesting review of the proposed increase. Tonight’shearing was scheduled pursuant to Chapter 16.16 to allow the Commission to consider the proposed increase.
Discussion
Background
The San Marcos City Council established the Mobilehome Rent Review Commission in 1978. The Commission was established to provide a process for mobilehome owners in rental parks to request a review of proposed space rent increases from mobilehome park owners. The Commission also provides a process for mobilehome park owners to receive a fair and reasonable rate of return on their investments.
Springdale Estates is an all-ages mobile home park located at 2907 South Santa Fe Avenue with 85 spaces. It is owned by Kleege Enterprises. On September 25, 2025, the City received notice that the park owner had notified its tenants of its intent to increase space rents by 4%, beginning January 1, 2026, affecting 84 of the 85 spaces. On October 26, 2025, the City received a petition signed by a majority of the affected Springdale City of San Marcos Printed on 5/15/2026Page 1 of 3
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3 File #:TMP-2455
85 spaces. On October 26, 2025, the City received a petition signed by a majority of the affected Springdale tenants in response to the rent increase notice distributed to them in September 2025 (the “Petition”).Upon receiving the Petition, the City determined that it met the requirements of SMMC Chapter 16.16 and notified the park owner and tenant representative the rent increase was stayed pending a review and decision by the Commission.
Commission Review
The Commission is charged with conducting the hearing and reviewing the proposed space rent increase, pursuant to SMMC Chapter 16.16 and the Mobilehome Rent Review Procedures (the “Procedures”).The non- exclusive factors that the Commission is required to consider are set forth in SMMC Section 16.16.070(g):
“The mobilehome park owner shall bear the burden of proving by a preponderance of the evidence that a proposed space rent increase is reasonable and is necessary to enable the mobilehome park owner to receive a just and reasonable return on his investment. In evaluating a proposed space rent increase the Commission shall consider the following non-exclusive factors in addition to such other factors as the Commission deems relevant:
(1) Changes in the mobilehome park owner's gross income from the operation of the mobilehome park;
(2) Changes in the reasonable operating expenses relating to the operation of the mobilehome park;
(3) Whether the proposed rent increase will result in an increase in net income to the park owner from the operation of the park;
(4) Changes in the Consumer Price Index for the time period from the last rent increase; (5) Changes in the services, amenities, maintenance and condition of the mobilehome park and the extent to which the rent increase is necessary to provide the services or amenities or to insure maintenance and good operating condition of the park; (6) The extent to which the rent increase is necessary to pay for capital improvements and the amount of money allocated by the owner to a capital improvement or maintenance fund, along with the park owner's budget for maintenance, care and capital improvements for the park; and (7) The extent to which the landlord receives net income from fees or charges for utilities, or incidental fees or charges for services billed separately from rent.
In accordance with the Procedures, the parties have submitted written briefings and rebuttals for the Commission’s consideration. In addition, the Commission’s consultant, Dr. Kenneth Baar has prepared a report for the Commission. These reports, the parties’written submissions, the Petition and notice, as well as copies of SMMC Chapter 16.16 and the Procedures have been provided to the Commission for its reference and consideration in conducting the hearing.
Consideration of Evidence Presented
The Commission is required to consider the seven factors listed above in evaluating the petition and proposed increase.
The evidence presented at the hearing and in the submitted documents may contain information outside of the City of San Marcos Printed on 5/15/2026Page 2 of 3
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4 File #:TMP-2455
The evidence presented at the hearing and in the submitted documents may contain information outside of the listed factors. The Commission has discretion to determine whether to consider such information. It may determine that information is relevant to determining whether an increase is necessary to enable the park owner to receive a just and reasonable return on its investment, or it may determine that the information should not be considered because it is, for example, irrelevant, outdated, or not reasonably supported by evidence.
In addition, the Commission will hear or read that certain filings were submitted late, or outside of the ordinary course of the proceedings. The Procedures provide some guidance on these matters. Specifically, the section entitled, “Consequence of Failure to Timely Submit” (Procedures page 9; Bates page no. SM 000419) addresses the consequence of a party’s failure to submit the required documentation or abide by the Procedures.
This section provides that the Commission may either make its determination on the basis of information received or, if such information is not sufficiently complete to enable the Commission to conduct the hearing, to continue the hearing and order the submission of the required documentation.
Attachments:
1 Staff Report N/A
2 Hearing Format N/A
3 Mobilehome Rent Review Commission Procedures/SMMC
Chapter 16.16
SM 00409-00437
4 Park Owner Exemplar 2026 Rent Increase Notice SM 00226-00227 5 Rent Review Petition Cover Letter and Certification SM 00396-00397 6 Park Owner Initial Written Submission PO 00001-00142
6a Additional Park Owner Documents Supporting Initial
Submission/Requested by Commission Consultant
PO 00143-00330
6b City Documents Requested by Commission Consultant SM 00001-00403 7 Tenant Representative Response TR 00001-00026
8 Commission Consultant Evaluation CC 00001-00038
9 Tenant Representative Ex Parte Communication SM 00404-00408 10 Park Owner Final Submission PO 00331-00332
11 Tenant Representative Final Submission TR 00027-00071 12 Resolution
Prepared by: Jill D.S. Maland, Assistant City Attorney
Approved by: Helen Holmes Peak, City Attorney
Reviewed by: Michelle Bender, City Manager
City of San Marcos Printed on 5/15/2026Page 3 of 3
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5 Springdale Estates Rent Review Hearing
May 19, 2026
Table of Contents
Tab
No.
Content Bates Nos.
1 Staff Report N/A
2 Hearing Format N/A
3 Mobilehome Rent Review Commission
Procedures / SMMC Chapter 16.16
SM
00409-00437
4 Park Owner Exemplar 2026 Rent Increase
Notice
SM
00226-00227
5 Rent Review Petition Cover Letter and
Certification
SM
00396-00397
6 Park Owner Initial Written Submission PO
00001-00142
6a Additional Park Owner Documents Supporting
Initial Submission/Requested by Commission
Consultant
PO
00143-00330
6b City Documents Requested by Commission
Consultant
SM
00001-00403
7 Tenant Representative Response TR
00001-00026
8 Commission Consultant Evaluation CC
00001-00038
9 Tenant Representative Ex Parte Communication SM
00404-00408
10 Park Owner Final Submission PO
00331-00332
11 Tenant Representative Final Submission TR
00027-00071
6 Springdale Estates Rent Review Hearing
May 19, 2026
Hearing Format1
Call to Order
Roll Call
Pledge of Allegiance (if desired)
City Attorney – Swear-in Witnesses
Hearing Segment Format Minutes
1. Park Owner Representative (POR) Presentation of Evidence 30
2. Tenant Representative (TR) Cross-Examination of POR 15
3. TR Presentation of Evidence 30
4. POR Cross-Examination of Tenant Representative 15
5. Commission Staff/Consultant Presentation of Analysis 30
6. POR Cross-Examination of Commission Consultant 15
7. TR Cross-Examination of Commission Consultant 15
8. Testimony At-Large – Two Minutes Per Speaker 15
9. Commission Examination of Witnesses At-Large,
Including Commission Consultant (as desired) 30
10. Commission Staff/Consultant Closing Comments, if any 10
11. TR Closing Argument 10
12. POR Closing Argument 10
1 The order and maximum time permitted outlined above is pursuant to Resolution 2023-943 7 RESOLUTION NO. 2023-9242
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
MARCOS, CALIFORNIA ADOPTING AMENDED AND RESTATED
PROCEDURES FOR THE SAN MARCOS MOBILEHOME RENT
REVIEW COMMISSION
WHEREAS, the San Marcos Mobilehome Rent Review Commission (MHRRC) was created in 1978; and
WHEREAS, pursuant to a successful voter initiative which was formalized by Resolution MHP 88-7, the Mobilehome Rent Review Commission has operated pursuant to procedures authorized by Chapter 16.16 of the San Marcos Municipal Code; and WHEREAS the regulations and procedures governing MHRRC proceedings were modified by Resolution 96-4673, further modified by Resolution 2002-5900, and Resolution 2009- 7272, and the MHRRC has since performed its functions in accordance with such regulations and procedures; and
WHEREAS, from and after 2009, numerous petitions for MHRRC review have been filed and the MHRRC has conducted several rent review proceedings to conclusion for those petitions that were not otherwise resolved, and during that time period City staff and MHRRC consultants have determined that additional revisions are necessary and/or desirable to enable the MHRRC to efficiently and fairly conduct its rent review proceedings for the protection of the rights of all concerned parties.
NOW, THEREFORE, the City Council of the City of San Marcos, California, does hereby resolve and order as follows:
Section 1. The foregoing recitals are true and correct and are hereby incorporated by reference into this Resolution.
Section 2. The City Council finds that the revisions and clarifications offered by the Amended and Restated MHRRC Procedures, attached hereto as Exhibit 1 and incorporated herein by reference, will result in more efficient proceedings, as they, inter alia, specify the Consumer Price Index information and additional background documentation to be provided by park owners, provide for service of documents in a more efficient manner, and modify the hearing and briefing schedule to address timing issues that have been experienced in prior MHRRC proceedings.
Section 3. Based on the information set forth herein and that adduced during the City Council proceedings for this item, the City Council hereby approves and adopts the amended and restated MHRRC Procedures and related documents attached hereto as Exhibit A and SM 000409
8 CC Resolution 2023-9242
incorporated herein by this reference as though set forth in full at this point, and all previously adopted procedures and schedules are superseded and replaced with attached Exhibit A Section 4. The revisions to the MHRRC requirements for written submissions and pre- hearing procedures are hereby approved for immediate implementat ion and use by the San Marcos Mobilehome Rent Review Commission , and the amended and restated rules and regulations are effective and applicable to any MHRRC proceeding occurring subsequent to the effective date of this Resolution .
Section 5. This Resolution is not intended to, and shall not operate as, an amendment to the provisions of Chapter 16.16 of the San Marcos Municipal Code, but rather as the procedural regulations followed in conjunction with processing applications for space rent increase . In the event of any conflict between the amended and restated regulations adopted by this Resolution and the provisions of Chapter 16.16 of the San Marcos Municipal Code, the provisions of Chapter
16.16 shall prevail.
Section 6. If any term , provIsIon or condition of this Resolution is, to any extent determined by a court of competent jurisdiction to be invalid or unenforceable for any reason , the remaining terms , provisions or conditions of this Resolution shall be valid and enforceable to the fullest extent permitted by law.
PASSED , APPROVED , AND ADOPTED by the City Council of the City of San Marcos , California , at a regular meeting held on this 14th day of November 2023, by the following roll call vote :
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST :
ATTACHMENTS :
JENKINS , MUSGROVE, NUNEZ , SANNELLA, JONES
NONE
NONE
Exhibit A: Amended and Restated Procedures for the San Marcos Mobilehome Rent Review Commission , Form Petition
SM 000410
9 MOBILEHOME RENT REVIEW
COMMISSION PROCEDURES
[Rev. November 2023]
These Mobilehome Park
Rent Review Procedures were adopted by Resolution
2023-9242 to implement the provisions of San Marcos Municipal Code ("SMMC") Chapter 16.16 (the "Procedures"). 1 These Procedures supersede and replace in their entirety the procedures that were adopted by Resolution No. 2009-7274.
These Procedures are not intended to and do not supersede, replace, or amend, ordinances or resolutions other than 2009-7274 adopted by the City Council or the City's Mobilehome Rent Review Commission (the "Commission"). Those ordinances and resolutions shall govern, to the extent there may be any conflict, and should
be consulted if clarification is needed. Capitalized terms used in these Procedures shall have the meanings assigned to them in SMMC Chapter
16.16. SECTION 1. APPLICABILITY
These Procedures apply to mobilehome parks in the City containing ten or more spaces. These Procedures do not apply to rent increases on tenancies created by rental agreements with terms in excess of 12 months to the extent that such leases are exempt from local rent regulation pursuant to California Civil Code section 798.17, or to El Dorado Mobilehome Park during the effective term of its Long-Term Space Lease and any Amendment thereto that extends the term of the same. (See, SMMC section
16.16.030.)
SECTION 2. MOBILEH
OME PARK OWNER RENT INCREASE PROPOSAL
a) Notice of Increase. A Mobilehome Park Owner intending to increase Space Rent shall give written notice of the proposed increase to affected Mobilehome Tenants at least 90 days prior to the effective date of the increase, in accordance with Civil Code section 798.30 (the "Notice"). The Notice shall include all information required by SM MC section 16.16.0SS(a). b) Consumer Price Index. With respect to the calculation of changes in the Consumer Price Index (CPI), a Mobilehome Park Owner intending to increase Space Rent shall specify the date and the index figure used for the prior rent increase notice if the increase was not contested by the Residents or was settled with the Residents, or shall specify the date and the index used by the Commission in its findings if the prior rent increase was set by the Commission.
The calculation of the proposed increased Space Rent shall use the most recent CPI figure published by the U.S. Bureau of Labor Statistics prior to the date of the issuance of the Space Rent increase Notice.
1 A copy of SMMC Chapter 16.16 is included as Attachment A to these Procedures for reference.
SM 000411
10 c) Filing of Notice with City. The Owner shall file a copy of the Notice with the City Clerk 2 on the same day that the Notice is given to the Tenants, or the next business day, if the Notice is given to the Tenants on a holiday or weekend .
Whenever a document is required to be "filed" with the City Clerk under these Procedures , the original document must be delivered to the City Clerk in person , during City business hours . The document may be filed by scanning the original and sending it to the City Clerk via e-mail using the address listed for the City Clerk on the City's website at www ,san
marcos.net/departments/city-clerk , provided that the actual original documents are delivered to the City Clerk within three days. The filing date will be the date on which the City Clerk acknowledges receipt, either by stamping the documents received , or confirming receipt by e-mail.
d) Verification. Pursuant to SMMC section 16.16.0SS(b), the Owner shall also file with the City Clerk a written verification of the spaces subject to the proposed increase (the "Verification") with said list of spaces to be in Excel format. The Verification shall be in substantially the following form:3
"[List of Space Numbers, the Names of all Individuals on the Lease for Each Space, and the Corresponding Proposed Rent Increase Amount or Percentage for Each Space]
This Excel file shall be accompanied by the following declaration:
I verify that the proposed space rent increase will apply to the space numbers listed above, in the corresponding amounts. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. [Signature and Printed Name of Mobilehome Park Owner, manager, or other delegee]"
e) No Action by City. When the City receives a Notice and Verification from an Owner proposing a rent increase, the City will keep them on file. The City will not be required to take any further action unless and until a Tenant Petition is filed. f) Stay of Proposed Increase if Petition Filed. If a rent review petition is filed pursuant to section 3., the proposed rents shall be held in abeyance until such time as a hearing is scheduled and a decision rendered by the Commission. No hearing will be scheduled until the City Clerk receives the required Notice and Verification. 3 The Verification is submitted for City staff review and use in evaluation of the adequacy of any rent review petition that may be filed by Tenants affected by a space rent increase notice pursuant to Chapter
16.16. Information provided in or with the Verification that is exempt , privileged, personally identifiable , or otherwise protected from public disclosure will be redacted before the Verification is made publicly available .
SM 000412
11 g) Effective Date of Commission Decision. If the Commission approves the Owner's proposed rent increase or approves a rent increase which is less than the amount of the noticed rent increase, the rent increase shall become effective as soon as the Resolution approving the increase is fully executed, as long as 90 days have elapsed since the rent increase was noticed. If 90 days have not yet elapsed since the Notice, the rent increase shall become effective as soon as 90 days have elapsed. If the Commission's approved rent increase is an amount greater than the amount noticed by the Owner, the amount by which the Commission's approved rent increase exceeds the amount noticed will not become effective until after the Tenants have received 90 days' notice of the additional rent increase amount.
SECTION 3. TENANT PETITION FOR COMMISSION REVIEW OF PROPOSED RENT
INCREASE
a) Initiation of Commission Review. Tenants receiving Notice of a proposed Space Rent increase may seek Commission review of the proposed increase by filing a petition in accordance with SMMC section 16.16.060(a).
b) Petition Procedures and Requirements. Tenants of a mobilehome park subject to a Notice may petition for review of the proposed rent increase as follows:
i. The Tenant obtains a blank petition from the City Clerk. The petition shall be in substantially the same form as Attachment B to these Procedures, and shall specify the name of the park , and the amount and effective date of the proposed rent increase (the "Petition ").
ii. The Petition must be signed by Tenants of more than 50% of the spaces in the park subject to the proposed rent increase . Only person(s) living in a space may sign the Petition . Spaces exempt from the provisions of SMMC Chapter 16.16 are not to be included . [See, SMMC section
16.16.060(a)(3).]
iii. Multiple Petition sheets may be circulated simultaneously , but only one person may circulate each sheet. Prior to circulating the Petition , the circulators should list the space numbers numerically on each Petition sheet. The Petition must meet the attestation requirements set forth in Section 16.16.060. Each Tenant signing a Petition sheet must do so in the circulator's presence and must be known by the circulator to be a Tenant of the park . If multiple sheets are circulated , all sheets must be filed with the City at the same time. For a signature to be counted , the City must be able to confirm that the signature is that of a Tenant. Only one Tenant signature per space will be counted. [See, SMMC section
16.16.060(a)(2) .]
SM 000413
12 iv. The Petition must be filed with the City Clerk no later than 30 days following the Tenants' receipt of the Notice. [SMMC section 16.16.060 (a) (4)].
Example
Date Tenants Received Rent Increase Notice:
Date to File Petition With City Clerk:
Effective Date of Proposed Rent Increase:
April 1, Any Year
May 1, Any Year
July 1, Any Year
v. Once a Petition has been filed with the City Clerk , names and signatures appearing on the Petition cannot be withdrawn. [See, SMMC section
16.16.060(e) .]
vi. No more than one Petition may be filed for a proposed rent increase. The first Petition filed with the City Clerk , and accepted by the City Clerk pursuant to SMMC section 16.16 .060(b)(3) , shall be the governing Petition .
SECTION 4. CITY CLERK INITIAL REVIEW OF PETITION, DETERMINATION OF
ADEQUACY
a. Initial Review. Upon receipt of a Petition , the City Clerk shall review the Petition to determine if it complies with the requirements of SMMC section
16.16.060(a)(1 ), (2), and (4). Within five business days of receiving the Petition , the City Clerk shall either:
i. Accept the Petition if it complies with the requirements , and mail a written notice to the Owner that a petition has been filed and that the proposed rent increase is to be held in abeyance until a hearing has been held and a decision rendered by the Commission ; or
ii. Reject the Petition if it does not comply and mail a written notice to the Tenant who submitted the Petition , and the Tenant Representative if one has been selected , notifying of the Petition 's rejection and the basis for the rejection .
[See, SMMC section 16.16.060 (b).]
b) Determination of Adequacy. If the Petition is accepted after the initial review , the City Clerk shall have ten days to determine if the Petition is adequate. If the required number of Tenants have signed the petition (Tenants of more than 50% of affected the affected spaces) , the City Clerk shall forward the Petition to the Commission in accordance with SMMC sections 16.16.030(c)(3) and
16.16.070. If the Petition does not contain the requisite numbe r of signatures , the City Clerk shall reject the Petition and provide written notice to the submitting Tenant and Owner , pursuant to SMMC section16 .16.060(c)(3) .
SM 000414
13 c) Commission Notices. For purposes of this Section 4., only, whenever mailing of a written notice on behalf of the Commission is required, it may be accomplished by first-class U.S. mail or, if a valid e-mail address has been provided by the submitting Tenant or Owner and the submitting Tenant or Owner has requested notice be provided to that e-mail address, then by e-mail to that address, with the scanned written notice attached. The Commission finds that allowing written notice to be accomplished by mail or e-mail satisfies the requirement for written notice under SMMC section 16.16.060 and further finds that such e-mail transmission facilitates prompt, reliable, and efficient delivery of the notices and is more convenient for the parties. If the submitting Tenant Representative and/or the Owner Representative does not have or does not provide an e-mail address to the City Clerk, the City Clerk will provide Commission notices by regular mail for the affected party/parties for the rent review process in question.
SECTION 5. HEARING DATE; DESIGNATION OF REPRESENTATIVES;
CONTINUANCES
a) Commission Sets Hearing Date. Upon its receipt of a Petition, the Commission shall set a public hearing no sooner than forty-nine (49) days and no later than sixty (60) days from the date of the regular City Council meeting at which the petition is presented to the Commission by the City Clerk (the "Hearing"). The Tenant Representative and the Owner Representative may agree in writing to hold the Hearing at a later date pursuant to subsection (c)(i), below. The City Clerk shall notify the Owner, submitting Tenant, and Tenant Representative, if one has been selected pursuant to (b)(ii), below by that date, of the scheduled Hearing date, and time requirements for written submissions. (See, SMMC section
16.16.070.) In the event the Tenant Representative and the Owner Representative subsequently collectively request a change to the date of the public hearing, the modified hearing date(s) may be set administratively by the City Clerk following a review of the calendars of affected parties. b) Designation of Representatives.
A representative to act as a liaison with the City Staff shall be appointed by both parties to the Hearing.
i. Designation of Owner Representative. The Owner shall designate an Owner's representative at least 42 days before the scheduled public hearing, but may be designated at an earlier date . This designation shall be filed, in writing, with the City Clerk , and signed by the Owner. ii. Designation of Tenant Representative. The Tenant Representative must be designated at least 28 days before the scheduled Hearing, but may be designated at an earlier date. The designation shall be in writing and filed with the City Clerk. The written designation shall include a certification, signed under penalty of perjury, by the Tenant Representative that he or she was chosen by a majority of the Tenants affected by the proposed space rent
SM 000415
14 increase. In the event the designation is made on a petition filed with the City Clerk which is not subsequently rejected for insufficiency pursuant to SMMC
16.16.060(b)(2), this designation requirement will be deemed to have been satisfied.
c) Continuances. Once the hearing date is set, it may only be continued by:
i. Written stipulation of the parties, filed with the City Clerk at least twenty-four (24) hours in advance of the Hearing date; or
ii. At the discretion of the Commission .
(See, SMMC section 16.16.070.)
SECTION 6. NEGOTIATIONS, SETTLEMENT, AND VACATION OF HEARING DATE
a) Negotiations. Prior to the date of the Hearing, the parties shall attempt to negotiate in good faith a rent increase acceptable to both parties. Negotiations may occur during a noticed meeting between interested Tenants and the Owner and/or directly between the Tenant Representative and the Owner. "Interested Tenants" shall include residents of all spaces subject to the proposed increase pursuant to the Notice.
b) Settlement. If the parties reach an agreement to resolve a Petition, the Owner and the Tenant Representative shall notify the City of the settlement and shall file a written statement of the settlement terms with the City Clerk or designee as soon as feasible after the settlement is reached, and in any event no later than two (2) business days thereafter . The written statement shall be signed by both the Owner and the Tenant Representative , and shall include a statement by the Tenant Representatives that a majority of affected Tenants agreed to the settlement pursuant to the terms contained therein. These written statements may be filed either jointly or separately with the City by each party, but must contain the same settlement terms, and a request that the hearing be vacated. c) Vacation of Hearing Date. If the City receives a notice pursuant to section b), above, that a settlement has been reached and that both parties agree that the hearing on the Petition is no longer required, Commission staff are authorized to administratively vacate the Commission hearing date.
SECTION 7. HEARING PROCEDURES; WRITTEN SUBMISSIONS BY THE
OWNER, TENANT REPRESENTATIVE, AND COMMISSION STAFF
a) Conduct of Hearing. All Hearings will be open to the public. Parties to a Hearing may have assistance of an attorney or any other person designated by the parties in presenting evidence or arguing their position. The Commission may conduct the
SM 000416
15 Hearing, even if a party fails to appear at it. [See, SMMC section 16.16.070(b)-(c).] b) Witnesses. All witnesses called upon to give testimony at the Hearing shall be sworn in, under penalty of perjury, at the beginning of the Hearing by either the City Attorney or the City Clerk.
c) Procedures. These Procedures outline the current process for conducting rent review hearings, including requirements for written submissions and time limits for presentations of evidence and testimony. The Commission may, in its discretion, and with the consent of the Owner and theTenant Representative, waive the procedures and utilize alternative procedures.
d) Written Submissions.
i. General. All issues that a party intends to raise at the Hearing must be contained in written submissions. The schedule for making written submissions is structured so that the Owner makes an initial written submission. The Tenant Representative responds in writing, after having had an opportunity to review the Owner's submission. The Owner then has one opportunity to rebut the issues and evidence submitted. The Tenant Representative then has one opportunity to respond in writing to any issues and evidence submitted .
ii. City Consultants. In the event the Commission staff has retained the services of consultant(s) to assist the Commission with the review, written evaluation and/or analysis by such consultant(s) will be included and provided to the Owner and the Tenant Representative as set forth in Section 9, below. Any additional evaluation or analysis by said consultant(s) shall be provided to all parties as soon as feasible, but in no event later than the posting date of the agenda for the Hearing.
iii. Form of Written Submissions. For each written submission required under these Procedures, the submitting party shall file an original (on single sided, 8-1 /2" x 11" paper) of the written submission with the City Clerk, and shall also serve the other party with a copy of the submission, in accordance with service and time requirements outlined in these Procedures. In addition, the parties are encouraged to submit electronic versions of submissions required by this Section 7 in addition to those required by Section 2 to be provided in Excel format. To the extent that a party wishes to submit any of the following to the Commission for consideration during the Hearing, they must be included in the party's written submissions:
1) Any written declarations submitted from witnesses setting forth facts and evidence as to which said witness has personal knowledge, must include a signed verification .
2) Copies of all exhibits, including charts, diagrams, photographs, appraisals, mathematic calculations, etc., which the parties wish the Commission to consider.
3) A written statement of all arguments which the party wishes the
SM 000417
16 Commission to consider .
ALL WRITTEN SUBMISSIONS BY THE PARK OWNER AND TENANT
REPRESENTATIVES MUST INCLUDE A SIGNED VERIFICATION (MADE
UNDER PENAL TY OF PERJURY TO THE EFFECT THAT THE CONTENTS
ARE TRUE AND CORRECT) AND BE IN SUBSTANTIALLY THE
FOLLOWING FORM:
"I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and if called upon to testify as a witness I can and will do so competently to the same effect."
Printed Name and Signature of Declarant Date
iv. Required Copies. For written submissions required by this section 7, the Owner's Representative , the Tenant Representative , and City Staff and/or Staff Consultant(s) , if any , shall file all written submissions with the City Clerk , and concurrently deliver a copy to each other party 's designated representative by Certified United States Mail , Return Receipt Requested , or by Personal Service. The parties may agree to a reasonable alternative method of delivery , such as internet email , which will be allowed , if such agreement is in writing , signed by both parties , and the original signatures submitted to the City Clerk prior to the filing of the Owner 's initial written submission. Each submission must be served so that the designated recipients receive it by or before the dates set forth in this section .
v. Parties' Briefing Schedule.
1) Owner's Initial Written Submission. The Owner's Representative shall file its original , initial written submission with the City Clerk forty two (42) days before the scheduled Hearing . The Owner's initial submission shall include all of the following :
a) A profit and loss statement for each of the four calendar or fiscal years preceding the date of the rent increase notice ,
accompanied by Excel spreadsheets of said profit and loss statements ;
b) A maintenance and capital improvement budget for the current year , with projections of the useful life of each amortized expense ; c) A projected maintenance and capital improvement budget for the next (succeeding) year , with projections of the useful life of each amortized expense ;
d) The Grant Deed or other written instrument transferring ownership of the properly to the Owner , as well as all other
SM 000418
17 documentation necessary to establish the purchase price of the Park ;
e) A cash flow analysis , excising any pass-through amounts (pass through amounts shall be provided on a separate schedule) , such submission to be accompanied by an Excel spreadsheet of such analysis ; and
f) A depreciation schedule for all capital items (e.g. , equipment purchases , etc.) to be considered as a basis for the increase . 2) Tenant Representative's Response to Owner's Initial
Submission. The Tenant Representative shall file its original written response with the City Clerk twenty-eight (28) days before the Hearing .
3) Owner's Rebuttal. The Owner shall file its original rebuttal with the City Clerk no less than fourteen (14) days before the scheduled Hearing.
4) Tenant Representative Rebuttal. The Tenant Representative shall file its original rebuttal with the City Clerk no less than seven (7) days before the scheduled Hearing .
5) Consequence of Failure to Timely Submit.
a) Owner. The consequence of any failure to submit
required documentation or failure to abide by
Mobilehome Rent Review procedural requirements by the
Owner is that the application will be deemed incomplete, and the Commission may either make its determination
on the basis of the information received or, if such
information is not sufficiently complete to enable the
Commission to conduct the Hearing, it may continue the
Hearing and order the submission of the required
documentation.
b) Tenant Representative. The consequence of any failure to submit required documentation or failure to abide by Mobilehome Rent Review procedural requirements by the
Tenant Representative is that the petition will be deemed incomplete, and the Commission may either make its
determination on the basis of the information received or, if such information is not sufficiently complete to enable the Commission to conduct the hearing, it may continue
the hearing and order the submission of the required
documentation.
SM 000419
18 vi. City Consultant Reports. In the event that City or Commission staff has retained the services of consultant(s) to assist the Commission with the review , evaluation , and analysis of written subm issions , the completed written analysis by such consultant (s), if any , will be included and provided to the Owner and the Tenant Representative , pursuant to Section 11 , below. Any additional written evaluation and/or analysis shall be provided to each party as soon as feasible , but in no event later than the posting date of the agenda for the hearing, unless specifically authorized by the Commission at the hearing In the event of a vacated hearing , consultant work product not served to that date will not be provided to the parties and will not constitute a public record . e) Evidence at the Hearing.
1. Evidence Submitted Prior to Hearing. Written submissions and declarations previously submitted to the Commission in accordance with the provisions of this Section 6 shall be received into evidence by the Commission at the hearing . Evidence properly set forth in such written submissions shall be given the same weight by the Commission as evidence produced by oral testimony at the hearing .
ii. Evidence Submitted at Hearing. Only testimony and evidence introduced by the designated Owner , Tenant Representa tive, and the City , or witnesses called upon by any of the parties , shall be heard and considered by the Commission at the Hearing. At the sole discretion of the Commission , however , any other individual who has a direct interest in the issue before the Commission , such as Tenants affected by the space rent increase , may be permitted to address the Commission , provided such testimony is directly related and relevant to the issue at hand.
iii. Evidence Rules at Hearing. The Hearing need not be conducted according to technical rules of evidence. Any relevant evidence shall be considered if it has been referenced in the written materials submitted in accordance with this Section 7, and if it is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs. Oral testimony by persons executing the declarations shall not repeat the evidence contained in the declarations . Repetitious or irrelevant evidence may be excluded by the Commission. Each speaker's presentation shall be to the point and shall be restricted to the time limits for such testimony set forth in Section 11 below. Visual aids and other materials may be used , as and how permitted by the Commission .
SM 000420
19 SECTION 8. COMMISSION REVIEW AND DECISION
a) Factors Considered at Hearing. In evaluating a proposed space rent increase, the Commission shall consider the nonexclusive factors set forth in 16.16.070(g)(1 )-(7), in addition to such other factors as the Commission deems relevant. The Owner bears the burden of proving by a preponderance of the evidence that a proposed space rent increase is reasonable and necessary for the owner to receive a reasonable return on its investment.
b) Basis for Decision. The Commission determination does not have to be made by the application of any particular method or formula, so long as the substantial evidence supports its determination that the rent level approved will provide the Owner with a "fair return." Accordingly, the Commission may base its decision on the basis of the Maintenance of Net Operating lncome("MNOI") formula, historical cost, return on investment, or other formula accepted by the California courts for determination of rent review matters.
c) Issuance of Decision. The Commission shall render its final decision by resolution not later than the date of the next regularly scheduled City Council meeting occurring at least seven days after the date of the close of the Hearing .
Upon the final decision of the Commission , a Resolution stating its findings and decision shall be presented at the next available meeting for adoption by the Commission . In its decision the Commission shall either : \ 1) Not allow an additional rent increase ;
2) Allow the Owner to Increase the rent to the amount authorized by the Commission , or
3) Allow the Owner to increase the rent to amount requested by the Owner .
If the Commission approves a rent increase , as of the effective date , all spaces which received the Notice shall be subject to the Commission's decision , whether or not the tenants actually signed the Petition. (See, SMMC section 16.16 .0?0(e).]
d) Consideration of Owner's Failure to Comply with Duties and Obligations .
A Park Owner has a duty to comply with the terms and conditions of any conditional use permit, special use permit , or other land use approval , or zoning or building ordinance , relating to the amenities , facilities , maintenance , improvements , or services to be provided within the mobilehome park by the Owner. If the Commission finds that an Owner has failed to provide , or has substantially reduced the level of, the amenities, facilities , maintenance , improvements or services , as established by any conditional use permit , special use permit or other land use approval or zoning of building ordinance , or if the
SM 000421
20 Owner has failed to comply with the duties established by Section 798 .87 of the California Civil Code , then the Commission may : (i) deny a proposed rent increase ; (ii) decrease the rent ; or (iii) conditionally approve the rent increase upon such terms and conditions as the Commission deems reasonably necessary to insure compliance with the mobilehome park owners duties and obligations . [SMMC section 16.16.070(h) .]
SECTION 9. NOTICE OF DECISION
The City Clerk will mail a Notice of the Commission 's Decision along with the Resolution adopted by the Commission to the designated TR and the designated Owner's Representative within ten days after the Resolution's adoption.
SECTION 10. RETENTION OF RECORDS
All documents and records obtained by and/or submitted to the Commission pursuant to these Procedures shall be converted into electronic format and retained by the City , as they may have application or relevancy in an analysis relating to a future proceeding involving the mobilehome park in question.
[THIS SPACE INTENDED TO BE BLANK
PROCEDURES CONTINUE ON FOLLOWING PAGE]
SM 000422
21
SM 000423
22 SECTION 11. SUMMARY OF SCHEDULE FOR WRITTEN SUBMISSIONS
ACTIVITY
Petition - within 30 days after tenants' receipt of notice of space rent increase
Designation of Representative by Owner
Designation of Representative by Tenants
Initial written submission by Owner
Written response of Tenant Representative
Written evaluation of Commission Consultants
Final Submission by Owner
Final Submission by Tenant Representative
SUBMISSION
SCHEDULE
(Days before
hearing)
42 28
42 28
21 14
7 This proposed schedule is structured so that the Owner makes an initial submission as the party requesting the change. The Tenant Representative responds in writing , after having had an opportunity to review the Owner's submission. The Owner then has an opportunity to respond to the issues and evidence submitted by the Tenant Representative and the Commission Consultant. The Tenant Representative also has an opportunity to respond to the issues and evidence addressed by the Commission Consultant and/or the Owner's final submission .
All issues that each side intends to raise must be contained in the written submission(s) .
All submissions must be verified (made under penalty of perjury) and must be true and correct as of the date of the rent increase notice was issued to residents .
Owner's initial submission must contain all of the items listed in Section 7(d)(1) above .
Any additional written evaluation or analysis by consultants retained by Commission staff will be provided to the parties as soon as feasible; other than for minor corrections, such documentation will be provided as soon as practicable but in no event later than the posting date of the agenda for the hearing.
SM 000424
23 SECTION 12. HEARING FORMAT
HEARING SEGMENP
1. Owner Representative's Presentation of Evidence
2. Tenant Representative(s)' Cross-Examination of Owner Representative
3. Tenant Representative(s)' Presentation of Evidence
4 . Owner Representative's Cross-Examination of Tenant
Representative
5. Commission Staff/Consultants' Presentation of Analysis 6 . Owner Representative's Cross-Examination of
Commission Consultants
7 . Tenant Representative(s)' Cross-Examination of
Commission Consultants
8. Testimony At Large - Total Time (as necessary ,
including Owner Representative Cross-Examination of
Tenant witnesses
9. Commission's Examination of Witnesses at Large ,
including Commission Consultants (as desired)
10. Commission Staff/Consultant Closing Comments if any
11. Tenant Representative(s) ' Closing Argument
12. Park Owner's Closing Argument
TOTAL MINUTES :
TOTAL HOURS :
(la Miul~~l
30 15
30 15
30 15
15 20
30 10
10 10
230
3 .8 HOURS
2 All issues that each side intends to raise must be contained in the written submissions. In addition , any written evaluationby consultants retained by the Commission staff will be provided to the other parties as set forth in Section 11 , above. Any additional written evaluation or analysis by such consultants shall be provided to each party as soon as feasible but, other than for minor corrections , in no event later than the posting date of the agenda for the hearing.
All submissions must be true and correct as of the date the rent increase notice was issued to residents and are to be verified (made under penalty of perjury }, as is the case with verbal testimony during the hearing. All witnesses will be sworn in at the beginning of the hearing . Owner's initial submission must contain all of the items listed in Section 7(d)(v)(1) above . If these required elements are not submitted , the application will be deemed incomplete , and the Commiss ion will either make its determination on the basis of the information received or, if such informatio n is not sufficiently complete to enable the Commission to conduct the hearing it may continue the hearing and Order the submission of the required documentation . Time periods set forth above are strongly suggested ; the Chair can extend any given time period for good cause.
SM 000425
24 CHAPTER 16.16 - MOBILEHOME RENT REVIEW COMMISSION
SM 000426
25 SM 000427
26 SM 000428
27 SM 000429
28 SM 000430
29 SM 000431
30 SM 000432
31 SM 000433
32 SM 000434
33 SM 000435
34 SM 000436
35 It is unlawful for a mobilehome park owner, or any agent or representative of the owner, to discriminate against any tenant because of the tenant's exercise of any rights under this chapter. It is also unlawful for any mobilehome park owner, or any agent or representative of the owner, to discriminate against any purchaser or prospective purchaser of a mobilehome because of the purchaser's or prospective purchaser's choice to enter into a rental agreement subject to the provisions of this chapter. (Ord. No. 89-812, 3-14-89)
SM 000437
36 Date of Mailing: 09/25/2025 Place of Mailing: San Diego, CA
Space: Name: 09/25
Rent:
Sewer: Trash: Gas: Electric: Water: 01/01/25
Increase:
Increase
%:
01/01/25
Rent:
02 Timothy
Sheahan
$707.97 $36.59 $37.37 $0.21 $22.58 $8.78 $28.03 4% $736.00 Kleege Enterprises
12625 High Bluff Drive Suite. 310
San Diego, CA 92130
Office: (858)481-3081 Fax: (858)481-2674
Timothy Sheahan
To the attention of:
& all others in possession of the premises commonly known as Springdale Estates
2907 S Santa Fe Ave, Space 02
San Marcos, CA 92069
You are notified that pursuant to Civil Code Section 798.30 & the City of San Marcos Rent Stabilization Ordinance, that 90 days after service upon receiving this notice or on 01/01/2026, whichever is later, the terms of your tenancy at the above designated premises shall be changed as follows:
Your current monthly rent of $ 707.97 that is payable on or before the 1st day of each month will increase by $ 28.03 based on the San Diego-Carlsbad-San Marcos CPI on 08/12/2025 of 4% for a new rent of $ 736.00 (Total Rounded Down to Nearest Whole Dollar).
Rent:
No changes. The fixed fee and submetered monthly utility rates which are payable on or before the 1 st day of each month will continue in addition to rent.
Utilities:
Notice of Change: Terms of Tenancy
The current rent, separately billed fees and charges, the dollar amount of the rent increase, the new rent, the space to which the increase applies, and the names of the tenant at that space is as follows:
Information Required by San Marcos Ordinance:
SM 00226
37 Date of Mailing: 09/25/2025 Place of Mailing: San Diego, CA Except as herein provided, all other terms of your tenancy shall remain in full force and effect. This notice supersedes any prior notice.
Date: 09/25/2025 Agent for Owner:
The last rent increase for the rent-controlled spaces at the park became effective on January 1, 2024, per documentation provided by prior park ownership.
In the event the tenants file a timely and complete petition challenging the 4% rent increase, the park owner is required by the Ordinance to appoint a representative. The name, address, telephone, and email of the park owner’s representative are as follows:
George Gregory
Director of Residential Management
Kleege Enterprises
12625 High Bluff Dr #310
San Diego, CA 92130
(858) 481-3081 x104
[email protected]
In the event the tenants file a timely and complete petition challenging the 4% rent increase, the park owner and the affected tenants will be required to attempt to negotiate in good faith a rent increase acceptable to both parties, pursuant to Resolution No. 2002-5900. In the event the affected tenants timely file a complete petition, the park manager will propose a date and time to meet at the park clubhouse to discuss the 4% rent increase.
This Notice of Change of Terms of Tenancy is without prejudice to any of the park owner’s rights, including, without limitation, the right to increase rents at any time allowed by law to any level allowed by law, including, but not limited to, any level al
lowed by the City of San
Marcos Rent Stabilization Ordinance or County of San Diego or State of California laws.
CC: Phil Scollick
City Clerk, City of San Marcos
1 Civic Center Drive
San Marcos, CA 92069
[email protected]
SM 00227
38 SM 00396
39 City Clerk
[email protected]
October 31, 2025
Michael Valadez
Property Manager
Kleege Enterprises
12625 High Bluff Drive Suite. 310
San Diego, CA 92130
SUBJECT: Rent Review Petition – Springdale Estates MHP – January 1, 2026 Rental Adjustment
Dear Mr. Valadez:
This letter is to advise that the Rent Review Petition received in my office on October 27, 2025 from the Springdale Estate residents affected by the January 1, 2026 increase has been verified. The subject petition contained sufficient signatures to forward the petition to the City Council for purposes of scheduling a hearing date before the Mobilehome Rent Review Commission in accordance with Section 16.16.060(c)(2) of the San Marcos Municipal Code. The results of the verification process are as follows:
Number of Signatures Submitted 64
Number of Signatures Deemed Sufficient - Petition Review 47 Number of Signatures Disqualified* 17
Number of Exempt Spaces (As indicated by Park Mgmt) 1
Number of Spaces Affected by Rent increase 84
Number of Signatures Required (>50% of 84) 43
Percentage of Spaces Requesting Hearing 56%
*Disqualified signatures did not match registered owner on rent roll.
If you have any questions, please feel free to give me a call at (760) 744-1050, ext. 3105.
Sincerely,
Phillip Scollick
City Clerk
cc: City Manager
City Attorney
Housing & Neighborhood Services Director
SM 00397
40 12625 HIGH BLUFF DRIVE SUITE 310 SAN DIEGO, CA 92130 PH (858) 481-3081 FAX (858) 481-2674
February 28, 2026
City of San Marcos
1 Civic Center Drive
San Marcos, CA 92069
Attention: City Clerk / Rent Review Commission
RE: Springdale Estates Rent Increase Submission
Introduction
My name is George Gregory, and I am the Director of Residential Management, Authorized agent for the Owner/ Kleege Enterprises and we own Springdale Estates. I am the owner’s representative. A little history of Kleege Enterprises we are a Real Estate Investm ent Company. Meaning we own all our property; we are not a management company. We are 100% vested with the properties we purchase, and we purchase them to keep. We do not flip properties. Robert Bruce Kleege (Bruce) is a San Diegan and gives back to the community by trying to preserve Manufactured Housing for Seniors and Families. We understand that manufactured housing is the only affordable game in town.
I personally have over twenty-six years in the Mobilehome Industry in California and another ten years in the Apartment Industry. I have been with Kleege Enterprises for thirteen years.
Initial Written Submission
Ninety days prior to the rent increase schedule for Springdale Estates we sent out a notice of a Change in Terms of Tenancy/ or a Rent Increase Notice to all residents at Springdale. This notice was 100% based in CPI from the U.S. Bureau of Labor Statistics for San Diego.
The attached report shows a CPI increase of 4%. The increase in consumer products, goods and services in a report released by t he US Bureau of Labor Statistics. CPI is the increase of almost everythi ng in a figure to assist comp anies, financial institutions an d other consumer driven industries to forecast, budget, and try to predict what might be coming in the way of expenditures.
We have proposed an increase that is 100% of the increase in do mestic products. We are only asking for an increase that reflect s the current markets for supplies, goods and services we pay to maintain status quo. Far too often in the real estate industry the words market value, or return on investment are thrown around and they’re vague to most people. They are not transparent. Leaving people failing to understand the reason for the propos ed increase. People just want to understa nd it makes sense. We are a company tha t is based on reason and sense. Open transparency, with down-to-earth concepts and clarity. We have no desire to create an environment of confusion, misunderstanding, and most of all unaffordability. It is important to us that we maintain our community and keep it so family and seniors can afford to live in beautiful San Diego. Rent increases that are balanced so it does not drive people out, yet it allows a community to operate and maintain itself. is a good thing. Wi th this balance, it serves the residents and the property to en sure affordability and habitability.
Additionally, we have provided 20 26 and 2027 Proposed Maintenance, along with cost analysis and de preciation even though we are not passing through the cost currently. 2026 is the replacement of one of three ac/furnace combination units that are at the clubhouse.
The HVAC cost is $16,218 apiece. We have pool renovations at $50,626.00 with new 2 new BBQs. Finally, we have a perimeter fence at $6,722.00 for a total of $67,442.00 for 2026. In 2027 proposed maintenance. We have the 2 nd ac/furnace for the community room at
$16218.00. We have the shuffleboard court renovation at $5500.00 and finally street repairs at $46,260.00. For a total of $67,978.00 for PO 00001
41 12625 HIGH BLUFF DRIVE SUITE 310 SAN DIEGO, CA 92130 PH (858) 481-3081 FAX (858) 481-2674
2027 proposed maintenance. We are actively trying to resolve the ongoing water issue at the property. We have contractors along with me diving into the ongoing problem.
Other Points of Issue to Clarify
There have been things stated to the residents, the City of San Marcos and even my ownership, that are untrue and misrepresente d.
The RV lot storage was full of junk vehicles from the day of purch ase. We have not placed anything in this storage, and we are working to get it cleaned.
Additionally, it has been stated we are doing rule enforcement, with out-of-date or unenforceable rules. Further stating that the space violations are “grandfathered.” These rules are the rules that were in the sale of the community and codified to us by the close of escrow.
We have asked for anyone to produce emails or anything that the prior ow nership changed or rescinded any rules. We have receive d nothing to that affect. After reviewing the Rules, most are ba sed on Title 25 Building Code and Mobilehome Residency Law. Even the ordinances in San Marcos regarding Mobilehome Parks maintaining the spaces without clutter, are also based in the MRL and Title 25 Health and Safety code. They will never be rescinded or removed.
Taking Away Amenities
The claim of taking away amenities from the people here at Springdale is absurd. An amenity is something that must be codified in the rules or lease to be an amenity. Friday Donuts, the morning paper, holiday parties, coffee brewing daily in the clubhouse is no t an amenity. Not something I am opposed to. Especially Friday donuts. Holiday parties are something resident volunteers do with or without management and we provide needed monetary support. We are not party planners for the residents. Heating the pool every day. In the rules and regulations, it states the pool heater will be turned on November 1st and off March 1st. We will stick to that. It is not heated year-round.
Residency Concerns
Finally, we get to the issue that is at the heart of rent stabilization and tenant protection. The purpose of a stabilization ordinance is to protect the less fortunate. I am not sure it is meant to protect people who can afford multiple homes or people who rent out or sublet homes. Not to mention the fact that this subletting practice is not accepted in most communities. There are a few residents who do not own the homes they are residing in within the park, and a resident who owns a second home and does not have that home in their name. Keeping it vacant with no agreement with the park. It is unclear if any of the residents, not on title, are renting from the homeowner who is on title, or if it’s a gift to live in for free. But it is in violation of the MRL which states clearly there must be a written agreement between the park and the homeowner. Additionally, bringing up the right to be protected under the rent control ordinance. We ask this commission to clarify the actual application of the ordinance with relation to primary residence. In most if not all jurisdictions it is understood the rent control ordinances are only applied to primary residences.
We would also ask the commission to grant additional consideration of back billing at 2% from the date of the first anniversary after their initial move in under these circumstances. Granting a reasonable limit to this, like five years.
Example: Signed the lease January 15, 2017. Park increase anniversary disclosed.
January 2018 2%
January 2019 2%
January 2020 2%
January 2021 2%
January 2022 2%
January 2023- Limit reached for back increase amounts
January 2024 - Limit reached for back increase amounts
January 2025 – Limit reached for back increase amounts
We feel that no home that is not the homeowner’s primary residence should have the protection of the ordinance.
PO 00002
42 12625 HIGH BLUFF DRIVE SUITE 310 SAN DIEGO, CA 92130 PH (858) 481-3081 FAX (858) 481-2674
The Claim of Rent Disparity
It has been suggested that we should adjust all the rent in the community to reduce the difference in rents from one space to a nother.
So, one person should not pay more for the space than another or that one person should be relatively close to the other. Init ially my thought was hey let’s bring them all to mark et value. That sounds great, eliminates the claim. Problem solv ed! Then I thought o f the resident who has been here 25 plus years. Who bought in when the rents were lower and has been able to receive the proper allowance and protection the ordinance gives. That is not fair. Then I thought of the person who bought a home last year. How this person bought their home when the market was higher and any reduction would un fairly give the same advantage to this new owner, that the owner who has been here the 25 plus years. That is not fair either. Not to mention the deserved rent the park should have. The reality is every home in this park whether it was 25 years ago or right now receiv ed a certain amount of protecti on from the ordinance. Because not one space is at market value. Please go to any city with the beauty and prestige as San Marcos in California and do a survey yourself. The conclusion is clear. There is not one space that is at market value.
Home Sale Values
Then comes the argument of an increase causing the value of resident’s home to go down. Now most Owners, Property Managers etc., do not want to discuss this in anyway beca use they do not see a way out of the conversation that is favorable. I will discuss i t because there is a certain amount of reality to th is. When you look at similar areas with and without rent control there is a perceived value disparity. Not all that large but it is there. In a rent control area, the part of the rent for the space that is suppressed fr om the owner is transferred to the home. Faily or unfairly. This seems to be factual. From a certain aspect greed drives this division in perspective. Fairly or unfairly, the residents who received the increased value in their homes for how many years it may be, prefer to keep any space rent increase to a bare minimum to continue to see the dividend of transferred value. Fairly or unfairly the Owner who has lost reve nue in space increases seeing the value of the home that is on the park ’s space increase in value over non rent control areas feeling slighted and seeing a decline in their ability to keep and maintain the park as CPI grow s. The argument is always the same No Increase and the expectation of maintaining the park. Again, I think the answer is balance. The balance struck that maintains affordability with habitability.
That is why we ask only for the CPI and the Passthrough increase.
Required Documents We Do Not Have:
Unfortunately, prior ownership did not leave any financial profit and loss, so we do not have the last four years of profit and loss. We do not have prior increases. We di provide cost analysis for pr oposed Maintenance even though we are not passing the cost throu gh currently.
PO 00003
43 Springdale 2026 HVAC Cost Analisys with Depreciation 📉 Depreciation Schedule (15 Years, Straight‑Line)
Year
Annual
Depreciati
on
Accumula
ted
Depreciati
on
Book
Value End
of Year
1 1,081.20 1,081.20 15,136.80
2 1,081.20 2,162.40 14,055.60
3 1,081.20 3,243.60 12,974.40
4 1,081.20 4,324.80 11,893.20
5 1,081.20 5,406.00 10,812.00
6 1,081.20 6,487.20 9,730.80
7 1,081.20 7,568.40 8,649.60
8 1,081.20 8,649.60 7,568.40
9 1,081.20 9,730.80 6,487.20
10 1,081.20 10,812.00 5,406.00
11 1,081.20 11,893.20 4,324.80
12 1,081.20 12,974.40 3,243.60
13 1,081.20 14,055.60 2,162.40
14 1,081.20 15,136.80 1,081.20
15 1,081.20 16,218.00 0
💡 Cost Analysis Summary
Total cost: $16,218
Useful life: 15 years
Annual expense: $1,081.20
PO 00004
44 Depreciation method: Straight‑line (equal expense each year) Residual value assumed: $0
This method spreads the cost evenly, which is ideal for long‑life assets with consistent usage patterns.
PO 00005
45 Springdale 2026 HVAC Cost Analisys with Depreciation PO 00006
46 Springdale 2026 Pool Cost Analisys with Depreciation 📉 Depreciation Schedule (15 Years, Straight‑Line)
Pool Renocvation 50626
Year Annual Depreciation Accumulated Depreciation Book Value End of Year 1 3375.07 3375.07 46650.93 2 3375.07 6750.13 43275.86 3 3375.07 10125.20 39900.79 4 3375.07 13500.27 36525.72 5 3375.07 16875.33 33150.66 6 3375.07 20250.40 29775.59 7 3375.07 23625.47 26400.52 8 3375.07 27000.53 23025.46 9 3375.07 30375.60 19650.39 10 3375.07 33750.67 16275.32 11 3375.07 37125.73 12900.26 12 3375.07 40400.80 9535.19 13 3375.07 43775.87 6200.12 14 3375.07 47150.93 2825.05 15 3375.07 50626.00 0.00 💡 Cost Analysis Summary
Total cost: $50626
Useful life: 15 years
Annual expense: $3,375.07
Depreciation method: Straight‑line (equal expense each year) Residual value assumed: $0
PO 00007
47 This method spreads the cost evenly, which is ideal for long‑life assets with consistent usage patterns.
PO 00008
48 Springdale 2026 Pool Cost Analisys with Depreciation PO 00009
49 Springdale 2026 Proposed Maintenance
Property /Community Room
Item Description Quanity Unit Price
HVAC (Comfort Bros) Heating / AC Unit 1 16,218.00
Barbques Two Resident BBQ in Pool Area 2 299.00 a piece Pool Pool /Drain augmentation/Plaster, tile and coping stone 1 1 /Concrete repair
Totals
Maintence to be done
Maintenance done
PO 00010
50 Springdale 2026 Proposed Maintenance
Total Price Notes
16,218.00 All three unts not functioning
598.00 Completed
50,626.00
67,442.00
PO 00011
51 Springdale 2027 Fence Cost Analysis with Depreciation 📉 Depreciation Schedule (15 Years, Straight‑Line)
1 448.13 448.13 6273.87
2 448.13 896.26 5825.74
3 448.13 1344.39 5377.61
4 448.13 1792.52 4929.48
5 448.13 2240.65 4481.35
6 448.13 2,688.78 4033.22
7 448.13 3,136.91 3585.09
8 448.13 3585.04 3136.96
9 448.13 4033.17 2688.83
10 448.13 4481.3 2240.7
11 448.13 4929.43 1792.57
12 448.13 5,377.56 1344.44
13 448.13 5825.69 896.31
14 448.13 6273.82 448.18
15 448.18 6722 0
💡 Cost Analysis Summary
Total cost: $6,722
Useful life: 15 years
Annual expense: $448.18
Depreciation method: Straight‑line (equal expense each year) Residual value assumed: $0
PO 00012
52 This method spreads the cost evenly, which is ideal for long‑life assets with consistent usage patterns.
PO 00013
53 Springdale 2027 Proposed Maintenance
Item Decription Quanity Unit Price Total Notes Unit Price Total Shuffle Board Renovation Place 3 Picnic style tables-level off 1 3500 5500 HVAC 2nd HVAC unit in Community Room 1 16218 16218
Street Repairs Repair Slurry Seal and Stripe 1 46260 46260 Totals Total 67978
PO 00014
54 Notes
Only on Resident Approval to
remove the Shuffleboard Court
2nd AC/Furnace Community
Room
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55 38761.002/4829-3622-9956v.1
1 SPRINGDALE ESTATES
2907 S. Santa Fe Avenue
San Marcos, CA 92069
(760) 216-6051
RENTAL
AGREEMENT
DATE: _________________
THIS RENTAL AGREEMENT IS AN IMPORTANT DOCUMENT THAT HAS LEGAL CONSEQUENCES. IT IS RECOMMENDED THAT YOU HAVE IT
REVIEWED BY AN ATTORNEY PRIOR TO EXECUTING THE DOCUMENT.
THIS RENTAL AGREEMENT IS A CONTRACT, WHICH IS BINDING ON BOTH OWNER AND HOMEOWNER. IT IS VERY IMPORTANT THAT
HOMEOWNER READ AND UNDERSTAND THIS AGREEMENT AND
OBTAIN LEGAL ADVICE BEFORE EXECUTING THIS AGREEMENT.
HOMEOWNER SHOULD NOT RELY UPON THE REPRESENTATIONS
AND/OR INTERPRETATIONS OF THIS AGREEMENT MADE BY PARK
MANAGEMENT, A MOBILEHOME DEALER, A SELLING RESIDENT, A
SALES PERSON (OR OTHER INDIVIDUAL WHO MAY HAVE SOLD THE
MOBILEHOME TO HOMEOWNER), OR ANY OTHER PERSON, BUT
INSTEAD HOMEOWNER MUST CAREFULLY READ AND CONSIDER THIS
AGREEMENT INDEPENDENTLY OR WITH THE ADVICE OF LEGAL
COUNSEL.
This park is an Equal Housing Opportunity Provider.
We do business in accordance with the federal fair housing law.
It is illegal to discriminate against any person because of race, color, religion, sex, handicap, familial status, or national origin.
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56 38761.002/4829-3622-9956v.1
2 THIS RENTAL AGREEMENT (hereinafter the "Agreement") is made and entered into this___ day of______20__, by and between the management of Springdale Estates (hereinafter the "Owner) and those persons listed on the last page of this Agreement as the Homeowner (hereinafter collectively the "Homeowner).
UNDER THE CITY OF SAN MARCOS “MOBILEHOME PARK RENT REVIEW ORDINANCE,” YOU ARE ENTITLED TO ELECT A MONTH-TO-MONTH OR TWELVE (12) MONTH TENANCY. IF YOU ELECT A TENANCY WITH A TERM OVER TWELVE (12) MONTHS AND EXECUTE AN AGREEMENT WHICH MEETS THE REQUIREMENTS OF CALIFORNIA CIVIL CODE §798.17, YOU WILL BE EXEMPTED FROM THE RENT STABILIZATION PROGRAM (RENT CONTROL). PROVIDED WITH THIS AGREEMENT IS THE REQUIRED NOTICE UNDER THE SAN MARCOS “MOBILEHOME PARK RENT REVIEW ORDINANCE”,
PLEASE BE AWARE OWNER CONSIDERS THAT: (1) THE CITY OF SAN MARCOS
MOBILEHOME PARK RENT CONTROL ORDINANCE, AS APPLIED, MAY BE
OPERATING TO TAKE RIGHTS AND/OR PROPERTY OWNED BY THE MOBILEHOME PARK AND (2) THE CITY OF SAN MARCOS “MOBILEHOME PARK RENT CONTROL ORDINANCE", AS ACTUALLY APPLIED, MAY BE IN DIRECT CONFLICT WITH THE CONSTITUTIONS OF THE UNITED STATES AND CALIFORNIA.
A. ANY ULTIMATE RESOLUTION OF THE PROPRIETY AND/OR VALIDITY OF
THE LOCAL RENT CONTROL ORDINANCE, AS APPLIED, COULD SIGNIFICANTLY
IMPACT OR ALTER THE RESALE VALUE, PRICE, APPRAISAL OR STATED VALUE OF THE MOBILEHOME BEING PURCHASED (OR ALREADY PURCHASED). IF THESE
RENT CONTROL LIMITATIONS ARE LIFTED OR DECLARED ILLEGAL OR
UNENFORCEABLE AS UNCONSTITUTIONAL, YOU SHOULD KNOW THAT THE MOBILEHOME MAY BE OF SIGNIFICANTLY LESS VALUE "ON SITE”.
B. PLEASE BE AWARE THAT, IF A HOMEOWNER SIGNS A LONG TERM LEASE
AGREEMENT, HOMEOWNER'S RENT INCREASES WILL BE LIMITED BY THE AGREEMENT ITSELF RATHER THAN THE RENT CONTROL ORDINANCE.
C. ANY PURCHASER OF A MOBILEHOME WITHIN SPRINGDALE ESTATES MUST
RECOGNIZE AND UNDERSTAND THAT SUCH PERSON IS PURCHASING (OR HAS
PURCHASED) ONLY THE MOBILEHOME AND POSSIBLE ACCESSORY STRUCTURES
OR EQUIPMENT AND IS NOT PURCHASING THE HOMESITE (SPACE) WITHIN THE
MOBILEHOME PARK, OWNERSHIP OF THE HOMESITE/SPACE REMAINS WITH THE OWNER OF THE MOBILEHOME PARK.
D. HOMEOWNER ACKNOWLEDGES THAT THE ADJACENT PROPERTY MAY BE
ZONED FOR RESIDENTIAL OR INDUSTRIAL, COMMERCIAL OR OTHER NON-
RESIDENTIAL USES AND IS, OR MAY BE, DEVELOPED FOR SUCH USES AND SAID PO 00017
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3 UTILIZATION MAY CONSTITUTE OR CONTRIBUTE TO CERTAIN ENVIRONMENTAL HAZARDS SUCH AS NOISE, DUST, ODOR, NOXIOUS FUMES, ETC. HOMEOWNER BY
THIS ACKNOWLEDGMENT, FOREVER RELEASES AND DISCHARGES PARK AND
THE OWNER OF THE LAND UPON WHICH THE PARK IS LOCATED OF AND FROM
ANY DAMAGE OR INJURY WHICH HOMEOWNER MAY SUFFER NOW OR IN THE FUTURE, AS A RESULT OF SUCH ZONING.
E. BY EXECUTING THIS AGREEMENT, HOMEOWNER IS ONLY ESTABLISHING A TENANCY IN THE PARK AND RENTING A HOMESITE FROM OWNER. OWNER
MAKES NO REPRESENTATION, WARRANTY OR COVENANT AS TO THE MOBILEHOME LOCATED ON THE HOMESITE. HOMEOWNER ASSUMES ALL
RESPONSIBILITY FOR THE MOBILEHOME, INCLUDING, BUT NOT LIMITED TO,
TITLING AND REGISTRATION, PAYMENT OF TAXES, INSURANCE GOVERNMENT FEES, AND MAINTENANCE OF THE MOBILEHOME AND ACCESSORY EQUIPMENT.
F. HOMEOWNER'S TENANCY WITH OWNER IS SUBJECT TO TERMINATION
UNDER THE PROVISIONS OF THE CALIFORNIA MOBILEHOME RESIDENCY LAW
AND MAY ONLY BE TERMINATED FOR THE REASONS STATED IN THE CALIFORNIA MOBILEHOME RESIDENCY LAW.
1. SPECIFIC INFORMATION.
1.1 Homesite: Owner rents to Homeowner, and Homeowner rents from Owner, the Homesite designated as Space No._____ (hereinafter the "Homesite") in Springdale Estates, a mobilehome park located at 2907 South Santa Fe Avenue, San Marcos, California 92060.
1.2 T
erm: Check appropriate box:
( ) The tenancy created under this Agreement shall be for a period of twelve (12) months and shall commence on ________, 20__ and end on _________, 20___, unless sooner terminated in accordance with the terms of this Agreement.
( ) The tenancy created under this Agreement shall be for a period of _____months (but not to exceed twelve (12) months), and shall commence on ______20___, and end on___________, 20___, unless sooner terminated In accordance with the terms of this Agreement. ( ) The tenancy created under this Agreement shall be on a month-to-month basis and shall commence on ___________, 20___.
1.3 Anniversary Date: January 1st of each year ("Anniversary Date").
1.4 Rent:
Base Rent:____________ Dollars and ___________Cents ($_________) per month Security Deposit: __________Dollars and ____________Cents ($________) PO 00018
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4 Extra Person Charge: Fifty Dollars and No Cents ($50,00) per month Late Rent Charge: Twenty Five Dollars ($25.00)
Check Handling Charge: Twenty Five Dollars ($25,00)
Other: ______________________ ($______________) per month.
1.5 Utilities:
A. Provided and separately billed to Homeowner: Electricity, water, sewer, trash and natural gas.
B. Provided without separate charge to Homeowner: None.
C. Contracted with the appropriate utility company or provider and paid directly by Homeowner: Cable T.V. and Telephone Service.
1.6 Occupants of mobilehome upon the commencement date of this Agreement:
A. Homeowners as listed on the last page of this Agreement.
B. Residents (including, if applicable, parents of Homeowner and minor children):
________________________________________________
________________________________________________
C. C. Extra Persons:
1.7 The specific information provided in paragraph 1 is only a summary and is more fully detailed herein in this Agreement.
2. DEFINITIONS.
The definitions set forth below shall apply unless more specifically defined within another provision of this Agreement.
2.1 "Park" means Springdale Estates.
2.2 "Owner" includes, but it is not limited to, the owners of the Park (including the owner's partners, directors, representatives, officers, employees, and agents) and the management of the Park.
2.3 "Resident” is (a) the person(s) signing this Agreement as Homeowner; (b) any person who lawfully occupies the mobilehome on the Homesite; or (c) mirror child or a parent of Homeowner,
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5 2.4 "Extra Person" includes all of Homeowner's agents, employees, persons sharing the Homesite pursuant to California Civil Code §798.34(b), (c) or (d) Invitees, permittees or licensees or other persons in the Park or on the Homesite at the invitation, request or tolerance of Homeowner. Such persons do not have the right to occupy Homeowner's mobilehome as a member of Homeowner's immediate family as defined by California Civil Code §798.35. "Extra Person" also includes any mobilehome occupant who is not a Homeowner.
2.5 "Common Facilities of the Park", "Park Facilities” and "Common Areas” mean those facilities of the Park generally available for use to Residents and their guests.
2.6 "Homesite" means the real property rented to Homeowner by Owner. The boundaries of the Homesite rented to Homeowner shall be the lesser of either (1) the lot lines as determined by a Governmentally approved survey or by a recorded plot plan and (2) the apparent physical boundaries of the Homesite as they exist at the time of execution of this Agreement.
However, if the minimum area necessary to comply with setback requirements of state and local agencies comprise a smaller area than stated above, then this smaller area shall comprise the "Homesite."
2.7 "Mobilehome Residency Law" means those provisions of the California Civil Code §79B et seq., which are known as the "Mobilehome Residency Law" (including any and all amendments, deletions or modifications).
2.8 "Owner's approval" or "approval of Owner," "Owner's consent" or "consent of Owner” or other similar terms as used In this Agreement or In other documents referred to in this Agreement, means that the Owner's prior written approval must be obtained by Homeowner before Homeowner commences any such action requiring Owner's approval. If Owner's prior written approval is required, Homeowner shall submit a written request to Owner that describes the action Homeowner proposes to take and requests Owner to give prior written approval.
3. RENTAL OF HOMESITE.
Owner rents to Homeowner, and Homeowner rents from Owner, the Homesite.
4. TERM.
The tenancy created under this Agreement shall be for the term specified in paragraph
1.2. 5. RENT, UTILITIES AND INCIDENTAL REASONABLE SERVICE CHARGES.
5.1 Homeowner shall pay in advance (without notice or demand and without any deduction, offset, eliminated abatement or rebate of any Kind) to Owner on the first day of each month:
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6 A. The Base Rent as set forth in paragraph 1.4 and more fully defined In paragraph
5.2 below (as may be adjusted). In the event rent is pro-rated for any reason under this Agreement, it shall be pro-rated on the basis of a thirty (30) day month.
B. All utility charges billed to Homeowner by Owner during the month.
C. Charges Imposed by the Park for additi onal vehicles that are stored in an area designated as the extra vehicle parking or storage area.
D. The Extra Person charge listed In paragraph 1.4 above shall be assessed for each calendar month or any portion thereof, for each Extra Person who has stayed more than a total of twenty (20) consecutive days or a total of thirty (30) days In any calendar year. Such Extra Person fee shall commence the day after an Extra Person has exceeded the grace time specified In the preceding sentence and shall be payable In full for each calendar month or portion thereof.
This additional charge for an Extra Person shall not, however, apply if prohibited by California Civil Code §798 et seq. or other applicable law.
E. Such other amounts and charges as are set forth herein or added or increased as provided by law or this Agreement or amendments thereto.
F. Any additional charge, fee or government assessment which is authorized or required by law, or added or increased as provided by law.
G. All rent shall be paid by check or money order payable to Springdale Estates at the Park Office located at 2907 South Santa Fe Avenue, San Marcos, CA 92069 or such other address as provided by Owner upon notice to Homeowner. Owner may, upon at least ten (10) days' written notice to Homeowner, require payment to be made in cash or equivalent. (1) If the rent is not paid to Owner at Park Office, or other address as noticed by Owner, by 5:00 p.m. on the sixth (6th) day of the month, the late charge specified in paragraph 1.4 above shall be charged to cover Owner's cost for additional accounting and collection expenses.
(2) The handling charge specified in paragraph 1.4 above shall be required for all checks returned by the bank for any reason.
(3) Late charges and returned check handling charges may be increased pursuant to governing law.
(4) The acceptance by Owner of any late payment shall not constitute, or become construed to constitute a waiver of any breach, or subsequent breach, by Homeowner of any term or provision of this Agreement, or any rule, regulation, term or provision contained in any document referred to in this Agreement; nor shall it reinstate continue or extend the term of this Agreement or affect any notice, demand or suit hereunder; nor shall any custom or practice PO 00021
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7 which may grow between Owner and Homeowner in the course of administering this Agreement be construed to waive or lessen the right of Owner to insist upon the performance by Homeowner of any terms, covenants or conditions contained in this Agreement, or contained in any other rule, regulation or other document referred to in this Agreement, or to exercise any rights given Owner on account of any breach.
(5) Any payment of rent by Homeowner shall first be applied to discharge any past due amounts, including, but not limited to, late charges, check handling charges, key charges, and utility charges. After such past due amounts have been paid, the remainder of any monies received by the Park from Homeowner shall be applied to past monthly rent amounts, then to the current month's rent
5.2 Base Rent. The Base Rent shall be the amount specified In paragraph 1.4 above and shall remain in effect until the first Anniversary Date of this Agreement, whereupon adjustments shall be made pursuant to the San Marcos Rent Control Ordinance upon ninety (90) days' prior written notice. If the San Marcos Rent Control Ordinance is repealed or is no longer effective as to this Agreement, then on each Anniversary Date of this Agreement as specified in paragraph 1.3 above, commencing with the first Anniversary Date, the Base Rent then in effect may be increased by an amount equal to the percentage increase In the Consumer Price index for All Urban Consumers for the San Diego Metropolitan Area (1982-84=100) as most recently published by the United States Department of Labor, Bureau of Labor Statistics during the twelve (12) month period ending at least one (1) month from the month in which notice of increase is given. Such cost-of-living adjustment increase, if applicable as noted above, shall be made upon ninety (90) days' prior written notice. However, the cost-of-living adjustment, if applicable as noted above, shall not be less than three percent (3%) or greater than ten percent (10%). In the event the foregoing Consumer Price Index is discontinued or revised, another governmental index then in existence shall be selected by the Park and used to obtain substantially the same result as if the foregoing index had not been discontinued or revised.
It is agreed that the above mentioned Consumer Price Index increase to Base Rent comprises rent. No delay in the exercise of any right of Owner to institute such Consumer Price Index increase to Base Rent shall be construed as a waiver or shall impair any right of Owner to institute such Consumer Price Index Increase to Base Rent.
5.3 Survival of Notice of Rent Increase. Any increase to Base Rent pursuant to this Agreement requires ninety (90) days' prior written notice to Homeowner under California Civil Code §798.30. Any ninety (90) days' notice of rent increase shall be considered independent of this Agreement and shall survive any cancellation, rescission or other invalidation of this Agreement. Homeowner agrees and acknowledges that In the event this Agreement Is cancelled, rescinded or otherwise invalidated, such rent Increase shall nevertheless remain in effect and shall not be extinguished and Homeowner' consents to all previously noticed rent increases.
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8 6. UTILITIES.
6.1 Owner shall provide and separately bill to Homeowner for the following utilities:
electricity, water, sewer, trash and natural gas. Upon sixty (60) days' prior written notice to Homeowner, Owner may require Homeowner to contract with the appropriate utility provider for service and to pay directly for one or all of the utilities which have previously been separately billed to Homeowner.
6.2 Utilities will be billed monthly, in arrears. Utility rates charged by Owner which are governed and set by law (presently electricity and natural gas) shall be billed at the maximum rate as allowed by law, and no advance notice of any change In the rates will be given to Homeowner by Owner. Utilities not so governed shall be charged by Owner to Homeowner by, at the election of Owner, one of the following;
A. The rate and fees charged by the servicing utility or utility provider in the area in which the Park Is located for delivering said utility and utility services to single family detached residences.
B. The amount billed to Own er by the providing utility and utility service for the entire Park, divided by the number of spaces in the Park. In determining these amounts, the charges may, at the election of Owner, be annualized and be considered on a full twelve (12) month basis.
C. A reasonable method determined by arbitration, as set forth herein.
6.3 Homeowner shall contract with the appropriate utility company or provider and pay directly for all other utilities and/or services, such as cable T.V. and telephone service, as required or desired by Homeowner.
6.4 Owner shall not be liable for any loss or injury, and Homeowner shall not be entitled to any abatement or reduction of rent by reason of Owner's failure to furnish any of the foregoing utilities when failure Is caused by accident, breakage, repairs, strikes, or other labor disputes or by any other cause, similar or dissimilar, beyond the reasonable control of Owner.
Homeowner acknowledges that any interruption of any utility service beyond control of Owner is not cause for non-payment or deduction of any amount billed to Homeowner by Park. (Please Note: The provisions of the paragraph below entitled "INDEMNIFICATION" apply to this paragraph.)
6.5 Utilities are provided by utility companies and other service providers to the Park, and Owner is not responsible for any variances or problems in the quality of utilities provided by utility companies and/or service providers. Such variances include, but are not limited to, the PO 00023
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9 condition, taste, color or smell, of water; interruption of gas or electrical service; or problems with gas, electric, water or sewer systems on Homeowner’s side of the meter or hookup.
6.6 Homeowner shall not connect, except through existing electrical or natural gas outlets or water pipes on the Homesite, any apparatus or device for the purposes of using electric current, natural gas or water.
6.7 Homeowner Is responsible for determining that Homeowner's mobilehome as well as all appliances and additional equipment used on or at the Homesite is compatible with the electric service of the Park, and Homeowner agrees and acknowledges that Park has no liability or responsibility to Homeowner if the available electrical supply is not compatible.
6.8 Whenever It is necessary for Owner to make repairs or improvements to the Park's utility systems, Owner will have the right to suspend temporarily the delivery of the affected utility/utilities. However, a reasonable notice will be given to Homeowner as circumstances permit. All such repairs and/or improvements will be completed as rapidly as may be practical and, if possible, at such times which will cause the least inconvenience to Homeowner.
7. SECURITY DEPOSIT.
7.1 Any new Homeowner moving into the Park must, upon execution of this Agreement, to deposit the amount specified in paragraph 1.4 above as a security deposit for the performance by Homeowner of the provisions of this Agreement. In the event Homeowner defaults on any provision of this Agreement, Owner may use the security deposit, or any portion of it, to cure any default on any of the provisions of this Agreement. In addition, Homeowner shall, on demand, immediately pay to Owner a sum equal to the portion of the security deposit expended or applied by Owner, as provided in this paragraph, so as to maintain the security deposit in the sum initially deposited with Owner. In no event shall the total security deposit held by Owner exceed twice the initial Base Rent. Owner may maintain the security deposit separate and apart from Owner's general funds or may commingle the security deposit with Owner's general and other funds. Owner will not be required to pay to Homeowner Interest on the security deposit.
7.2 Upon written request by Homeowner, Owner shall refund to Homeowner the amount of the security deposit within thirty (30) days following the end of a twelve (12) consecutive month period of prompt payment of rent, utilities and reasonable service charges.
Upon Homeowner terminating possession of the Homesite, and if Homeowner is not in default of this Agreement, Owner shall return, within thirty (30) days, the security deposit to Homeowner.
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10 8. TAXES.
8.1 Homeowner shall pay directly to the assessing body or party all municipal, county, state and federal taxes, assessments, fees or other charges levied upon Homeowners’ mobilehome and other property owned by Homeowner, including property taxes on accessory equipment and structures (including, but not limited to, awnings, skirting, storage sheds, steps and porches) and other improvements made or installed by Homeowner, former Homeowners or by persons other than Owner.
8.2 Any and all taxes and all levies and assessments and installment of taxes and assessments required to be paid by Homeowner under this Agreement shall be paid by Homeowner at least ten (10) days before each such tax, assessment, or installment of tax or assessment becomes delinquent upon three (3) days prior written notice from Owner, Homeowner shall deliver to Owner the official and original receipt evidencing the payment of any taxes, assessments, and other charges required under this paragraph “TAXES”.
8.3 Homeowner shall indemnify and hold Owner, Owners, employees, agents and property, including the Park and any improvements now or subsequently located in or on the Park, free and harmless from any liability, loss or damage resulting from any taxes, assessments or other charges required by this paragraph “TAXES” to be paid by Homeowner and from all interest, penalties, and other sums imposed thereon and from any sales or other proceedings to enforce collection of any such taxes, assessments or other charges.
8.4 Should Homeowner fa il to pay within the time specified In this paragraph “TAXES", any taxes, assessments or other charges required by said paragraph to be paid by Homeowner, Owner may, without notice to or demand on Homeowner, pay, discharge, or adjust any tax, assessment or other charge for the benefit of Homeowner. In that event, Homeowner shall promptly upon written demand of Owner reimburse Owner for the full amount paid by Owner. In paying, discharging, or adjusting that tax, assessment or other charge together with interest thereon at the then maximum legal rate from the date of payment by Owner until the date of repayment by Homeowner.
9. HOLDOVER TENANCY.
If Homeowner remains in possession of the Homesite after the expiration of the term of this Agreement and has not executed a new occupancy agreement with respect to the Homesite, said possession by Homeowner shall be deemed a month-to-month tenancy, and Owner may terminate or refuse to renew Homeowner's tenancy in accordance with the paragraph in this Agreement entitled “TERMINATION OF TENANCY BY OWNER". Notwithstanding anything contained in this Agreement to the contrary, Owner may also, upon written notice of increase pursuant to governing law, increase the Base Rent then in effect and other charges of the Park, without limitation, to the Homeowner who is holding over unless specifically prohibited by local rent control ordinance.
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11 10. RESPONSIBILITY OF THE PARK.
10.1 It is the responsibility of the management to provide and maintain the physical improvements in the Common Facilities of the Park in good working order and condition. Owner shall provide the following physical improvements and services for the non-exclusive use of Homeowners. For the purpose of this paragraph, physical improvements mean: clubhouse, RV storage area and all streets, non-restricted parking areas, all recreational facilities and equipment, pools, lawns, laundry faculties and all other facilities, equipment and conveniences located in the Common Areas and Common Facilities for the use of Homeowners. For the purpose of this paragraph, services mean the services provided by the Owner and other persons employed by the Park and the utilities specified in this Agreement. (Please note: Furniture, equipment and other items of personal property located In the common facilities which belong to Homeowners or Homeowners’ clubs, associations or other organizations or services provided by Homeowners or such organizations, are not the responsibility of the Park to provide or maintain.)
10.2 With respect to any sudden or unforeseeable breakdown or deterioration of the physical improvements of the Park, Owner shall have a reasonable period of time to repair the sudden or unforeseeable breakdown or deterioration and bring the improvements into good working order and condition after Owner knows or should have known of the breakdown or deterioration. For purposes of this paragraph, a reasonable period of time to repair a sudden or unforeseeable breakdown or deterioration shall be as soon as possible in situations affecting a health or safety condition, and shall not exceed thirty (30) days in any other case except where exigent circumstances justify a delay.
10.3 The clubhouse will be kept ventilated as required by law, but air conditioning and heating will not be operated on a constant basis in order to conserve energy. Rather, air conditioning and heating will be turned on as required to maintain reasonable temperature levels.
Regarding heating and air conditioning of the clubhouse and heating of the swimming pool and spa pool, the Park may have to follow and conform with energy conservation programs as mandated by government or by utility companies.
10.4 Upon giving lawful prior written notice, the Park may amend, delete, add or modify any of the services or facilities provided. The Park's standards of maintenance, the terms of this Agreement, the Park's other residency documents dealing with the standards of maintenance of physical improvements within the Park, together with the services (including utilities), equipment, and physical improvements within the Park, may be changed from time to time as provided by the Mobilehome Residency Law and other applicable law. Any such rights granted to Owner due to any amendments, deletions or modifications of the Mobilehome Residency Law and other applicable law may be lawfully enforced by Owner.
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12 11. M OBILEHOME OCCUPANCY AND EXTRA PERSONS.
11.1 For any Extra Person who stays a total of twenty (20) consecutive days or a total of thirty (30) days in a calendar year, such Extra Person must register with the Owner.
Homeowner will be charged an Extra Person Charge as referenced in paragraph 1.4 of this Agreement. However, no such charge will be imposed if the Extra Person is a member of Homeowner's immediate family as defined in the Mobilehome Residency Law. Each Extra Person must complete an application for tenancy, be approved by Owner and execute all other residency documents before any additional person, other than the ones listed on the first page of this Agreement, shall be permitted to become a Homeowner or reside with Homeowner for a period greater than the grace period. Notwithstanding such application, however, the Extra Person shall have no rights of tenancy in the Park unless and until written Park approval is given, such Extra Person executes a copy of this Agreement, the Rules and Regulations, and other residency documents of the Park then In effect.
11.2 If Homeowner is living alone and wishes as to share his or her mobilehome with one (1) person, Homeowner may do so, and a fee shall not be imposed by Owner for such additional person as provided in the Mobilehome Residency Law. Such person shall comply with and be bound by the Rules and Regulations of the Park and shall register with its Owner.
11.3 If Homeowner Is fifty-five (55) years of age or older and wishes to share his or her mobilehome with one (1) person over eighteen (18) years of age (if that person Is providing live-in health care or live-in supportive care to Homeowner pursuant to a written treatment plan prepared by Homeowner's physician). Homeowner may do so, and a fee shall not be imposed by Owner for such additional person as provided in the Mobilehome Residency Law. Such person shall comply with and be bound by the Rules and Regulations of the Park and shall register with the Owner.
11.4 Any Extra Person, family member or other invitee of Homeowner shall at all times be bound by the Rules and Regulations and any other residency documents, and any conduct in violation of such Rules and Regulations or other residency documents shall be imputed to Homeowner.
12. INCORPORATED DOCUMENTS.
The following documents, as they may be amended, modified, or otherwise changed from time to time, as permitted by the terms of this Agreement are attached as exhibits to this Agreement and incorporated herein by this reference: (a) the California Civil Code provisions known as the Mobilehome Residency Law" and (b) the Park's Rules and Regulations.
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13 13. USE OF HOMESITE AND PARK.
13.1 The Homesite shall be used only as a site to locate, maintain and occupy a mobilehome for private residential purposes. No business or commercial activity of any nature shall be conducted on the Homesite. This prohibition applies to any commercial or business activity, including, but not limited to, the following:
A. Any activity requiring t he issuance of a business license or permit by any governmental agency.
B. The leasing, subleasing, sale or exchange of mobilehome.
13.2 At all times at least one Homeowner who Is a "registered" owner of the mobilehome must occupy the Homesite.
13.3 Homeowner shall give Owner at least seventy-two (72) hours' advance written notice of the date Homeowner's mobilehome will be installed on the Homesite, Homeowner, at Homeowner's sole expense, shall obtain the required installation permit and shall otherwise cause the installation to comply with all applicable laws and regulations then in effect for mobilehome installation. Appurtenances to Homeowner's mobilehome, including awnings, porches, decks, and storage sheds, shall be installed or erected only after obtaining any required permits, and then only with the prior written consent of Owner and only if in compliance with the Park's Rules and Regulations, Any inspection or approval by Owner, however, is made for the sole benefit of Owner, and Homeowner may not rely upon such inspection or approval to ensure that the item has been installed or constructed correctly or that the work has otherwise been done as required.
13.4 Homeowner shall not make any improvements, alterations, or additions to Homesite or remove or change any existing improvements or landscaping without the prior written consent of Owner. Should Homeowner not obtain Owner's prior written consent, such additions or alterations shall, upon demand of Owner, be promptly removed by Homeowner at Homeowner's sole expense.
13.5 No use shall be made or permitted to be made on the Homesite, nor acts done, which will increase the existing rate of insurance upon the Park, or cause the cancellation of any insurance policy covering the Park or any part thereof. Nor shall Homeowner permit to be kept, used or sold to or about the Homesite any article which may be prohibited by standard form of fire insurance policies. In regard to the use of the Homesite, Homeowner, at Homeowner's cost, shall comply with any and all requirements pertaining of any insurance organization or company necessary for the maintenance of reasonable fire and public liability insurance covering the Homesite and Homeowner's mobilehome and accessory equipment.
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14 13.6 Homeowner shall not commit, or suffer to be committed, any waste upon the Homesite, or any nuisance or any other act or thing, including offensive odors, which may disturb the quiet enjoyment of any other Homeowner,
14. HOMEOWNER'S WARRANTIES.
If, on the date of this Agreement there is no mobilehome located on the Homesite, or if Homeowner intends to remove the mobilehome presently located on said Homesite and replaces it with another mobilehome, Homeowner acknowledges and agrees that certain representations have been made by Homeowner to Owner as to the make, model, type, size, age and condition of the mobilehome which will occupy the Homesite and the accessory equipment and structures which will be a part of or installed with the mobilehome. Homeowner warrants to Owner that all representations made regarding the mobilehome and all accessory equipment and structures prior to their being placed on the Homesite are true and accurate. Owner is permitted by this paragraph to inspect the mobilehome and to accessory equipment, and Homeowner agrees not to substitute another rnobilehome or other accessory equipment and structures for the ones approved by Owner unless they meet all of Owner's requirements and specifications. If Owner determines that said representations are not true or accurate, then Owner may refuse to accept the mobilehome or the accessory equipment and structures for installation. Inspection by Owner may be made at the time the mobilehome and the accessory equipment and structures arrive at the Park, or any other time prior to installation, and the mobilehome and the accessory equipment and structures shall not be allowed within the Park until they are inspected and approved.
15. COMPLIANCE WITH LAW AND RULES AND REGULATIONS.
15.1 Homeowner agrees to abide and conform with all applicable laws and ordinances, all terms and conditions of this Agreement, any Rules and Regulations, all rules, regulations, terms and provisions contained in any document referred to in this Agreement, and said rules, regulations, terms and provisions as may, from time to time, be amended, modified or otherwise changed by Owner as permitted by the terms of this Agreement. Any violation of the Rules and Regulations shall be deemed a public nuisance. Homeowner agrees that a breach of this Agreement or any violation of the Rules and Regulations cannot reasonably or adequately be compensated in damages and, therefore, Owner shall be entitled to injunctive relief including, but not limited to, restraining Homeowner from continuing to breach this Agreement or continuing to violate any rules or regulations, term, or condition, or to allow a condition violative of a rule or regulation, term or condition to exist or continue to exist.
15.2 Homeowner is responsible for the actions and conduct of al l other occupants, residents or Extra Persons of Homeowner's mobilehome and for the actions and conduct of Homeowner's guests, licensees and invitees. Homeowner agrees and acknowledges that any violation of the Rules and Regulations by any person residing with Homeowner, or any guest of Homeowner, shall be deemed a failure by Homeowner to perform an express term of this PO 00029
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15 Agreement, and Owner may terminate this Agreement pursuant to the Mobilehome Residency Law as a consequence of such default.
16. MAINTENANCE OF HOMESITE.
16.1 Homeowner shall at all times maintain Homeowner's mobilehome and the Homesite in a clean and sanitary condition, and shall cause all rubbish and other debris to be removed from Homeowner's mobilehome and Homesite on a regular basis. Landscaping on the Homesite shall be watered and maintained by Homeowner, at Homeowner's expense. In addition, Homeowner shall comply with all Park Rules and Regulations pertaining to the maintenance of the Homesite by Homeowner.
16.2 In the event Homeowner fails to maintain Homeowner's Homesite as provided in the Rules and Regulations, Owner may, upon giving prior written notice to Homeowner, perform the required maintenance and charge Homeowner a reasonable fee for said maintenance. The written notice shall state the specific condition to be corrected, that Owner will perform the maintenance if Homeowner does not perform such within fourteen (14) days of the written notice, and an estimate of the charges to be imposed.
17. ENTRY UPON HOMEOWNER'S HOMESITE.
Owner shall have a right of entry upon Homeowner's Homesite for maintenance of utilities, for maintenance of the Homesite where Homeowner fails to maintain the Homesite In accordance with the Rules and Regulations, and for the protection of the Park at any reasonable time, but Owner may not do so in a manner or at a time which would interfere with the occupant's quiet enjoyment. Owner may enter a mobilehome without the prior written consent of Homeowner in the case of an emergency or when Homeowner has abandoned the mobilehome
18. WAIVER OF DEFAULT.
No delay or omission in the exercise of any right or remedy of Owner on any default by Homeowner and/or any other person shall impair any such right or remedy or be construed as a waiver. No waiver by Owner of Owner's right to enforce any provision hereof after any default shall be effective unless made in writing and signed by Owner, nor shall it be deemed a waiver of Owner's right to enforce each and all of the provisions hereof upon any further or other default. The acceptance of rent hereunder shall not be or become construed to be, a waiver of any breach of any term or provision of this Agreement or any rule, regulation, term or provision contained in any document referred to in this Agreement, nor shall it reinstate, continue or extend the term of this Agreement or affect any notice, demand or suit hereunder.
19. TERMINATION OF TENANCY BY OWNER.
19.1 This Agreement, at the sole option of Owner, may be deemed forfeited and/or the tenancy may be terminated and/or Homeowner's right to renew his or her tenancy may be denied PO 00030
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16 in accordance with the provisions of the Mobilehome Residency Law and other applicable law.
The issuance of a termination of tenancy notice shall be considered an election to forfeit the tenancy within the meaning of this Agreement.
19.2 If Homeowner remains in possession after Homeowner's tenancy has b een terminated, Homeowner shall pay to Owner an amount equal to the rental charges Homeowner was paying to Owner at the time Homeowner's tenancy was terminated. Acceptance of any money by Owner pursuant to this provision shall not be construed as a reinstatement of Homeowner's tenancy.
19.3 If all or a substantial part of the Park is damaged or destroyed due to earthquake, fire, flood or other natural disaster or catastrophe, and if the cost of repairs and rebuilding exceeds $250,000.00 or if, in Owner's sole opinion, the balance of the Park is not suitable for a mobilehome park, then Owner may terminate this Agreement upon sixty (60) days' written notice to Homeowner. Owner may exercise this option even if loss to the Park may be covered all or in part by insurance.
20. TRANSFER OF OWNER'S INTEREST.
In the event Owner transfers Owner's interest in the Park, such transfer shall include Owner's rights under this Agreement. Furthermore, Owner shall be automatically relieved of any obligations hereunder which occur after the date of such transfer, provided such obligations are assumed in writing by the transferee.
21. TERMINATION BY HOMEOWNER.
Homeowner may elect to terminate this Agreement on sixty (60) days' prior written notice to Owner if one of the following occurs:
A. All persons occupying the Homesite rented to Homeowner by this Agreement terminate their tenancy as to said Homesite and remove Homeowner's mobilehome (including all accessory structures and equipment) from the Park. In such event, the Homesite shall revert to Owner's control, and Owner may lease or rent the Homesite to any party on any terms Owner chooses.
B. All persons occupying the H omesite rented to Homeowner by this Agreement terminate their tenancy as to said Homesite and sell Homeowner's mobilehome to another party who has been approved by Owner for tenancy In the Park in accordance with the terms set forth in the paragraph entitled "APPROVAL OF PURCHASER AND SUBSEQUENT HOMEOWNERS".
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17 22. APPROVAL OF PURCHASER AND SUBSEQUENT HOMEOWNERS.
22.1 Homeowner may sell Homeowner's mobilehome at any time pursuant to the rights and obligations of Homeowner and Owner under the Mobilehome Residency Law and other applicable law. Any rights granted to Homeowner or to Owner by the Mobilehome Residency Law (including amendments, deletions, or modifications thereto) and by other applicable law may be enforced by Owner or by Homeowner. Homeowner must, however, immediately notify Owner in writing of Homeowner's intent to sell Homeowner's mobilehome. If the prospective purchaser of the mobilehome intends for the mobilehome to remain in the Park, said purchaser must do the following before occupying the mobilehome: (a) complete an application for tenancy (which may include a fee for obtaining a financial report or credit rating); (b) be accepted by the Owner; (c) execute a new rental agreement or other agreements for the occupancy of the Homesite; and (d) execute and deliver to the Owner a copy of the Park's then effective Park Rules and Regulations and other residency documents. IF THE PURCHASER FAILS TO
EXECUTE A RENTAL AGREEMENT SUCH PURCHASER SHALL HAVE NO RIGHTS OF TENANCY. The rental agreement, Rules and Regulations and other residency documents signed by the prospective purchaser may be different in their terms and provisions than this Agreement, the Rules and Regulations, and other residency documents now in effect.
22.2 Notwithstanding anything contained herein to the contrary, Owner may, in order to upgrade the quality of the Park, require the removal of the mobilehome from the Homesite upon its sale to a third party, in accordance with the provisions of the Mobilehome Residency Law and other applicable law. Any rights granted either party by the Mobilehome Residency Law and by other applicable law may be enforced by either party at that party’s option.
22.3 Notwithstanding anything contained in this Agreement to the contrary, upon the sale or transfer of Homeowner's mobilehome if the mobilehome Is to remain In the Park, Homeowner shall make all repairs or improvements to Homeowner's mobilehome, to its appurtenances, or to an accessory structure as required by Owner, pursuant to California Civil Code §798.73.5, as amended.
23. OCCUPANCY QUESTIONNAIRE.
Homeowner shall complete, sign and provide to Owner, on three (3) days’ prior written notice, an Occupancy Questionnaire. Such executed Questionnaire shall contain the following:
A. The names of all occupants of the Homes ite;
B. Nature of occupancy for each individual named pursuant to subparagraph above, i.e., Extra Person, Homeowner, shared tenancy under California Civil Code §798.34(b), family member;
C. The legal owner and registered owner of the mobilehom e; PO 00032
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18 D. N ames and addresses of all lienholders of the mobilehome; and E. A copy of the certificate of title and/or registration card issued by the California Department of Housing and Community Development or by the California Department of Motor Vehicles for the mobilehome occupying the Homesite.
F. Proof of Homeowners’ insurance policy (or policies) on Homeowners ’ mobilehome.
24. LIENS AND CLAIMS.
24.1 Prohibition Against: Homeowner shall not suffer or permit to be enforced against Owner title to the Park, or any part thereof, any lien, claim or demand arising from any work of construction, repair, restoration or maintenance of the Homesite or mobilehome.
24.2 Removal of Liens by Homeowner: Should any lien, demand or claim be filed, Homeowner shall cause it to be immediately removed. In the event Homeowner, in good faith, desires to contest such lien, demand or claim, he may do so, but in such case Homeowner agrees to and shall indemnity and save Owner harmless from any and all liability for damages, including reasonable attorneys' fees and costs, resulting therefrom and agrees to and shall, in the event of a judgment of foreclosure on said lien, cause the same to be satisfied, discharged and removed prior to execution of the Judgment.
24.3 Removal of Liens by Owner: Should Homeowner fail to discharge any such lien or furnish bond against the foreclosure thereof, Owner may, but shall not be obligated to, discharge the same or take such other action as it deems necessary to prevent a judgment of foreclosure on said lien from being executed against the property, and all costs and expenses, including, but not limited to, reasonable attorneys' fees and court costs incurred by Owner in connection therewith, shall be repaid by Homeowner to Owner on written demand.
25. INDEMNIFICATION.
25.1 Owner and Park shall not be liable for any loss, damage or injury of any kind whatsoever to the person or property of any Homeowner or to any of the employees, guests, invitees, permittees or licensees of any Homeowner, or to any other person whomsoever, caused by any use of the Park or Homesite (including any defect in improvements erected thereon) or the failure of any service or amenity, or arising from any other cause whatsoever, unless resulting from circumstances described in the subparagraph below. As a material part of the consideration of this Agreement, Homeowner hereby waives all claims and demands against Owner and Park, and hereby agrees to indemnify and hold Owner and Park free and harmless from liability for all claims and demands for any such loss, damage or injury, including attorneys’ fees, together with all costs and expenses arising therefrom or in connection therewith, unless resulting from the circumstances described in the subparagraph below.
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19 25.2 PLEASE NOTE: Nothing contained in the above paragraph or elsewhere in this Agreement, the Rules and Regulations or other residency documents of the Park, shall have the effect of an agreement by Homeowner to release, indemnify and hold harmless Owner, Park or any other person for the negligent or willful acts or omissions of Owner, Park or any other person or from a breach by Owner of Park or any other person of this Agreement or the breach of any other duty owed by Owner, Park, or any other person to Homeowner or to any other person.
Furthermore, the terms and conditions of this paragraph do not include any fine, forfeiture, penalty, or fee (including any attorneys' fees or costs) assessed by a court of law against the management of the Park for a violation of the Mobilehome Residency Law.
25.3 Homeowner shall, at Homeowners own expense, defend all actions brought against Owner or Park for which Homeowner is responsible for indemnification hereunder. If Homeowner fails to do so, Owner or Park (at Owner's option, but without being obligated to do so) may, at the expense of Homeowner, defend such actions, and Homeowner shall pay and discharge any and all amounts that arise therefrom.
26. SUBORDINATION.
This Agreement, and any leasehold interest which may be created by it, shall be subordinate to any encumbrance, restriction or declaration of record before or after the date of this Agreement affecting the Park, the common areas, recreational facilities or other facilities of the Park, or the Homesite rented to Homeowner, such subordination is effective without any further act of Homeowner; however, Homeowner agrees, upon request by Owner, to promptly execute and deliver any documents or instruments which may be required by any lender to effectuate any subordination, including reasonable modifications to this Agreement, provided they do not increase the obligations of Homeowner or materially adversely affect the interests of Homeowner herein. If Homeowner fails to execute and deliver any such documents or instruments, Homeowner hereby irrevocably constitutes and appoints Owner as Homeowner's special attorney-in-fact to execute and deliver any such documents or instruments.
27. NO THIRD-PARTY RIGHTS.
Except as to the Owner, Homeowner and Residents, nothing in this Agreement, express or implied, is intended to confer and it does not confer, any rights, privileges or remedies upon any person or entity including, without limitation, any corporation or unincorporated association. No rights under this Agreement or any rights that may arise as a result of this Agreement shall be assigned except as provided in the paragraphs entitled "TRANSFER OF OWNER'S INTEREST" and "SUBLEASING", and any other attempted assignment and/or transfer of rights shall be deemed void and unenforceable and shall convey no rights whatsoever. Homeowner also agrees that Homeowner is not a third-party beneficiary of any other agreement between Owner and any other Homeowner in this Park.
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20 28. INSURANCE.
Owner does not carry public liability or properly damage insurance to compensate Homeowner, homeowner's guests, or any other persons from any loss, carnage, or injury except those resulting from actions where Owner would be legally liable for such loss, damage or injury. Homeowner is responsible for obtaining, at Homeowner's own cost, extended coverage for Homeowners’, fire and other casualty insurance on the mobilehome, other improvements and contents to the full insurable value and such other insurance as is necessary to protect Homeowner, Homeowner's invitees or others from loss or liability, and Homeowner hereby agrees to indemnity and hold harmless Owner from any liability therefor.
29. ABANDONMENT.
During the term of this Agreement or any period of holding over, Homeowner shall not abandon the Homesite or the mobilehome located thereon. In the event Homeowner does abandon either the Homesite or Homeowner's mobilehome, such action may (at Owner's sole option) be deemed as Homeowner's election to terminate this Agreement and Owner shall have the rights afforded to Owner under California law to dispose of Homeowner's mobilehome and personal property located on the Homesite and within the Park.
30. FIXTURES.
All landscaping and structures or other improvements permanently attached to or embedded in the ground shall become a part of the reality upon their installation and belong to Owner. Upon Homeowner vacating the Homesite, such improvements shall remain upon and be surrendered with the Homesite. Owner may, however, at Owner's sole option, permit or require Homeowner to remove, at Homeowner's own expense, said improvements. Homeowner shall repair any damage to the Homesite caused by the removal, including, but not limited to, the filling in and leveling of holes or depressions and shall leave the Homesite in a neat and uncluttered condition with the Park's original engineered grade intact.
31. EMINENT DOMAIN.
31.1 If the entire Park, or a portion thereof so that, in Owner's sole opinion, the balance remaining is not suitable for a mobilehome park, is taken under the power of eminent domain, or is sold to any authority having the power of eminent domain, either under threat of condemnation or while condemnation proceedings are pending, then this Agreement shall automatically terminate as of the date the condemning authority takes possession. Any award for any taking of all, or any part, of the Park under the power of eminent domain shall be the property of Owner, whether such award shall be made as compensation for diminution in value of the leasehold or for taking of the fee or the taking of any interest Homeowner may have had due to this Agreement or Homeowner's tenancy in the Park. Nothing contained herein, however, shall be PO 00035
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21 deemed to preclude Homeowner from obtaining any award for loss of or damage to Homeowner's removable personal property, or to give Owner any interest in such award.
31.2 In the event that the taking or condemnation of part of the Park does not result In the termination of the Agreement as provided above, then this Agreement shall terminate as to that portion of the Park so taken or condemned and the payments to be made under this Agreement as to that portion of the Park shall be abated and prorated as of the date of possession of the condemning entity. This Agreement shall continue in full force and effect as to that portion of the Park not so taken or condemned.
32. DELAY IN DELIVERY OF POSSESSION.
This Agreement shall not be rendered void or voidable by the inability of Owner to deliver possession of the Homesite to Homeowner at the beginning of the lease term, nor shall any inability to deliver render Owner liable to Homeowner for loss or damage suffered thereby.
If Owner cannot deliver possession of the Homesite, the rent for the period between the beginning of the term and the time when Owner can actually deliver possession will be deducted from the rent due.
33. JOINT AND SEVERAL LIABILITY.
If Homeowner is more than one person, each person shall be jointly and severally liable for the performance of Homeowner's obligations under this Agreement.
34. REQUIREMENTS OF CIVIL CODE §798.27.
The nature of the zoning under which Springdale Estates operates is “CR". If a change occurs concerning the zoning under which the Park operates, Homeowner shall be given written notice within thirty (30) days of that change.
35. ENTIRE AGREEMENT.
This Agreement and the documents referred to herein constitute the entire Agreement between Homeowner and Owner pertaining to the subject matter contained hereto and supersedes all prior and contemporaneous agreements, representations and understandings of the parties, whether written or oral.
35. ATTORNEYS' FEES AND COSTS.
If any action arises out of Homeowner's tenancy, this Agreement, or the provisions of the Mobilehome Residency Law, the prevailing party or parties shall be entitled to recover reasonable expenses, including without limitation attorneys’ fees and costs. A party shall be deemed the prevailing party if judgment is rendered in his favor or where the litigation is PO 00036
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22 dismissed In his favor prior to or during trial, unless the parties otherwise agree in the settlement or compromise.
36. FORCE MAJEURE.
If the performance by Owner of any of Owner's obligations or undertakings under this Agreement Is interrupted or delayed by Any occurrence not occasioned by the conduct of either party to this Agreement, whether that occurrence is an act of God or public enemy, or whether that occurrence is caused by war, terrorist acts, riot, storm, earthquake, or other natural forces, or by the acts of anyone not party to this Agreement, then Owner shall be excused from any further performance for whatever period of time after the occurrence is reasonably necessary to remedy the effects of that occurrence.
37. ALTERATION OF THIS AGREEMENT.
This Agreement may be altered by Homeowner only by written agreement signed by both of the parties or by operation of law. This Agreement may be altered by Owner by written agreement signed by both of the parties, by operation of law or in any manner provided for by the Mobilehome Residency Law or other applicable law.
38. HEADINGS.
The title of the paragraphs and subparagraphs contained herein are inserted solely for convenience only and do not define, limit, construe or describe the scope or intent of such paragraphs and subparagraphs, and under no circumstances are they or any of them to be treated or construed as any part of this Agreement.
39. NOTICES.
All notices required or permitted under this Agreement must be in writing and may be served upon Owner or Homeowner by any means then permitted by law. Homeowner understands that any notice of Owner terminating Homeowner's tenancy must be given to Homeowner in writing in the manner described by Section 1162 of the California Code of Civil Procedure. The service of any other notice on Homeowner (including, but not limited to: a notice of rent increase; a notice of amendments to the Park's Rules and Regulations; a notice of change of standards for maintenance of physical improvements in the Park; a notice of additions, alterations or deletions of services, equipment, or physical improvements; and notices relating to other matters in Articles 1 through 5, inclusive, and Article 7 of the Mobilehome Residency Law) may be duly and validly served if the notice is mailed to the Homeowner at his or her address in the Park by First Class United States mail, postage prepaid. Ay such notice served upon Homeowner in this manner shall be deemed served five (5) days after its mailing.
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23 41. COUNTERPARTS.
This Agreement may be executed in several counterparts each of which shall be deemed an original.
42. NO RECORDING.
No recording of this Agreement or any memorandum of this Agreement may be made without the prior written consent of Owner, which consent may be withheld in Owner’s sole discretion.
43. BROKER’S COMMISSIONS.
Homeowner acknowledges that, if Homeowner has been represented by a broker or agent with respect to the purchase of the mobilehome or the rental of the Homesite, Owner shall in no way be liable or responsible for payment of broker’s fees or commissions. Homeowner shall hold Owner harmless from any and all damages, including attorneys’ fees and costs, resulting from any claim asserted against Owner by such broker or agent.
44. TIME OF ESSENCE.
Time is of the essence with respect to the performance of every provision of this Agreement in which time is a factor.
45. INVALIDITY OF PROVISIONS.
45.1 Certain items and provisions of this Agreement and other documents referred to in this Agreement refer to, restate or summarize provisions of the Mobilehome Residency Law and other applicable laws. In every instance it is intended that the references, restatements and summaries will accurately reflect the law and correctly set forth Homeowner’s and Owner’s rights, liabilities, duties and obligations to one another and to other persons. The same is true of all of the other provisions of this Agreement and the other documents used by the Park. If any of the other provisions of this Agreement or the other documents used by the Park fail in any way to meet the above criteria, then it is unintentional and all such provisions shall be deemed to be automatically revised to correctly reflect the Owner’s and Homeowner’s rights, liabilities, duties and obligations under the provisions of the Mobilehome Residency Law and all other applicable laws. Homeowner agrees to promptly notify Owner in writing of any instance where Homeowner believes that any of the provisions of this Agreement or the other documents used by the Park fail to meet the above offers.
45.2 If any term or provision of this Agreement or any document referred to in this Agreement or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or the other document or the application of such term or provision to persons or circumstances other than those as to which it PO 00038
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24 is held invalid or unenforceable, shall not be affected thereby, amend each term and provision of this Agreement or the other document shall be valid and be enforced to the fullest extent permitted by law.
45.3 Notwithstanding any provision contained in this Agreement to the contrary, if Owner, in Owner’s sole discretion, determines that there is a reasonable probability that any term or provision of this Agreement may become invalid, unlawful or unenforceable under any federal or California statute, rule regulation or court decision, then Owner may elect to eliminate that term or provision from the Agreement or, in the alternative, Owner may elect to cancel this Agreement. In the event of Owner’s cancellation of this Agreement, this Agreement shall be and become null and void. Owner and Homeowner shall automatically be released as of the date of Owner’s cancellation notice of and from any Homeowner’s tenancy that remain in full force and effect as a month to month tenancy with the last rent charged under this Agreement as the Base Rent increased by ten percent (10%), or the maximum allowed by any governmental rule, regulation or ordinance limiting such rent increase, and Homeowner consents to the increase.
46. BANKRUPTCY.
In the event that Homeowner seeks protection under the federal bankruptcy law or is otherwise determined to be a debtor under the federal bankruptcy law or other law affecting creditor’s rights, Homeowner must provide Owner with at least five (5) days prior written notice of such action or determination.
47. CHOICE OF LAW.
This Agreement and all documents referred to in this Agreement shall be construed and enforced in accordance with the laws of the State of California.
48. FURTHER ASSURANCES.
Homeowner agrees, without further consideration, to execute and deliver such other documents and take such other action as may be necessary to consummate more effectively the subject matter hereof.
49. ESTOPPEL CERTIFICATES.
49.1 Homeowner agrees, (i) within ten (10) days of each Anniversary Date of this Agreement and (ii) at any time upon not less than ten (10) days’ prior notice by Park, to execute, acknowledge and deliver to Owner a statement in writing in substantially the form of Exhibit “A” hereto, certifying, among other things, that this Agreement is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), and the dates to which the rent and other charges have been paid and stating whether or not Park is in default of the performance of any covenant, agreement, term, provision, or condition contained in this Agreement, or is in violation of any PO 00039
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25 law, ordinance, or administrative regulation and, if so, specifying each such default or violation, it being intended that any such statement delivered pursuant hereto may be relied upon by Park or any other party who may reasonably rely on such statement. Homeowner also agrees to execute and deliver from time to lime such estoppel certificates as any institutional lender or a third party may require or request with respect to this Agreement.
49.2 Should any required estoppel certificate not be provided in a timely fashion, i t shall be conclusively presumed, and shall constitute a representation and warranty by such party, that (i) this Agreement is in full force and effect without modification, except as may be represented by the requesting party, and (ii) Park is not In breach, default, or violation in any of the respects referenced above.
50. ASSUMPTION OF AGREEMENT.
Homeowner shall not be allowed to assign Homeowner's interest in this Agreement.
51. MEGAN'S LAW DISCLOSURE.
NOTICE: The California Department of Justice, sheriff’s department, police department serving jurisdictions of 200,000 or more, and many other local law enforcement authorities maintain for public access a data base of the locations of persons required to register pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. The data base is updated on a quarterly basis and a source of information about the presence of these Individuals in any neighborhood. The Department of Justice also maintains a Sex Offender Identification line through which inquiries about individuals may be made. This is a “900” telephone service.
Callers must have specific information about individuate they are checking. Information regarding neighborhoods is not available through the "900" telephone service.
52. WAIVER OF JURY TRIAL.
Homeowner acknowledges that Homeowner is aware of and has had the opportunity to seek the advice of counsel of Homeowner's choice with respect to Homeowner's rights to trial by jury under the Constitutions of the United States and the State of California, and Owner and Homeowner do hereby expressly and knowingly waive and release all such rights to trial by jury in any action, proceeding, or counterclaim brought by either party hereto against the other (or against their partners, officers, directors, representatives, employees, or agents) on any matters whatsoever arising out of or in any way connected with this Agreement or Homeowner's use or occupancy of the Homesite, and that any dispute arising from or connected with such matter shall not be tried by jury.
Homeowner's Initials
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26 53. DUTY TO REPORT DEFECTS.
53.1 Homeowner shall report any observed or observable defect in the Park's Common Facilities, Common Areas or utility services of the Park, including, but not limited to, the following: water leaks; gas leaks; potholes or cracks in the pavement or roads; dirty trash areas; dust, dirt or debris on roods; discolored or bad smelling or inadequate water supply or pressure; problems with the Park's common electrical system; leaks or backups or lack of capacity of the Park's sewer system; unclean or inoperable laundry facilities; insufficient trash bin capacity; problems with the heating or cooling at the common buildings; torn or dirty carpeting, floor covers or window coverings in the Park's recreational facilities; holes or worn spots in floors, decks or stairs of the Park's recreational facilities; dirty swimming pool or spa pool; or any other defect in the Park's equipment, buildings, recreational facilities, common areas, or maintenance, including landscaping. Homeowner shall give such notice in writing to the Park's resident manager by registered U.S. Mail (return receipt requested) within sixty (60) days of Homeowner's discovery of any of the conditions set forth above, so that such conditions may be corrected within a reasonable period of time by the Park.
53.2 Homeowner further agrees that If Homeowner fails to report any such defects in writing by certified mail within sixty (60) days of its discovery, Homeowner is in substantial violation of this Agreement. Should Homeowner fail to report any such defect within six (6) months of its discovery, Homeowner does by signing this Agreement waive and shall be deemed to have waived any damages Homeowner had or has by reason of such unreported defect completely and without qualification.
Homeowner's Initials
54. ARBITRATION OF DISPUTES.
EXCEPT AS TO THOSE MATTERS EXEMPTED FROM ARBITRATION/MEDIATION AS SET FORTH IN THIS "ARBITRATION OF DISPUTES" PROVISION, ANY DISPUTE
BETWEEN HOMEOWNER AND OWNER RELATING TO, ARISING OUT OF,
CONCERNING, OR CONNECTED WITH THIS AGREEMENT, RESIDENCY
DOCUMENTS, THE INTERPRETATION OR ENFORCEMENT THEREOF, THE
LEASEHOLD, THE HOMESITE, SERVICES, FACILITIES, OR MAINTENANCE IN OR
ABOUT THE PARK, AND ANY DISPUTE RESPECTING THESE MATTERS BETWEEN
HOMEOWNER AND OWNER SHALL BE RESOLVED SOLELY BY MEDIATION AND
ARBITRATION IN ACCORDANCE WITH THE PROVISIONS SET FORTH BELOW, INSTEAD OF IN COURT.
54.1 A DEMAND F0R ARBITRATION OR REQUEST FOR MEDIATION SHALL
BE IN WRITING AND MUST BE MADE WITHIN A REASONABLE TIME AFTER THE CLAIM, DISPUTE OR OTHER MATTER IN QUESTI0N HAS ARISEN. IN NO EVENT
SHALL THE DEMAND FOR ARBITRATION BE MADE AFTER THE DATE THAT PO 00041
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27 INSTITUTION OF LEGAL OR EQUITABLE PROCEEDINGS BASED UP0N SUCH CLAIM,
DISPUTE OR OTHER MATTER WOULD BE BARRED BY THE STATUTE OF LIMITATIONS SET FORTH IN "DUTY TO REPORT DEFECTS", OR OTHER APPLICABLE STATUTE OF LIMITATIONS. NOTICE OF DEMAND FOR MEDIATION OR ARBITRATION MUST PROVIDE: (a) A DESCRIPTION OF THE DISPUTE; (b) FACTS
FROM WHICH THE DISPUTE ARISES, INCLUDING WITNESSES, DATES, TIMES, AND CIRCUMSTANCES; (c) A DESCRIPTION OF THE RELIEF OR ACTION REQUESTED.
54.2 WITH RESPECT TO ANY DISPUTE BETWEEN THE PARTIES THAT IS TO
BE RESOLVED BY ARBITRATION, THE PARTIES SHALL ATTEMPT IN GOOD FAITH
FIRST TO MEDIATE SUCH A DISPUTE AND SHALL USE THEIR BEST EFFORTS TO REACH AGREEMENTS ON THE MATTERS IN DISPUTE. WITHIN TEN (10) DAYS OF
THE REQUEST OF ANY PARTY, THE REQUESTING PARTY SHALL ATTEMPT TO
EMPLOY THE SERVICES OF A THIRD PERSON MUTUALLY ACCEPTABLE TO THE PARTIES TO CONDUCT AND CONCLUDE SUCH MEDIATION WITHIN FIFTEEN (15) DAYS OF HIS APPOINTMENT. IF THE PARTIES ARE UNABLE TO AGREE ON SUCH
THIRD PERSON, OR, IF ON COMPLETION OF SUCH MEDIATION, THE PARTIES ARE
UNABLE TO AGREE AND SETTLE THE DISPUTE, THEN THE DISPUTE SHALL BE
REFERRED TO ARBITRATION AS SET FORTH BELOW,
54.3 ANY DISPUTE BETWEEN THE PARTIES THAT IS TO BE RESOLVED BY
ARBITRATION SHALL BE SETTLED AND DECIDED BY ARBITRATION BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICE, INC. ("JAMS"). IF JAMS IS
UNWILLING OR UNABLE TO ACT AS ARBITRATOR, THEN THE PARTIES SHALL
APPLY TO THE PRESIDING JUDGE OF THE SUPERIOR COURT OF THE COUNTY IN WHICH THE PARK IS LOCATED. JAMS (OR, IF APPLICABLE, THE PRESIDING JUDGE) SHALL PROVIDE BOTH PARTIES WITH A LIST OF AT LEAST THREE (3)
NEUTRAL ARBITRATORS, FROM WHICH THE PARTIES SHALL SELECT THE ARBITRATOR. SHOULD THE PARTIES FAIL TO AGREE UPON AND SELECT AN ARBITRATOR THEREFROM, JAMS (OR, IF APPLICABLE. THE PRESIDING JUDGE) SHALL MAKE THE SELECTION FROM SAID LIST. EACH PARTY SHALL, HOWEVER, BE GIVEN THE RIGHT OF ONE (1) PEREMPTORY CHALLENGE. ARBITRATION SHALL BE HELD AND CONDUCTED BEFORE THE ONE (1) SELECTED ARBITRATOR.
A. ALL PROCEEDINGS INVOLVING THE PARTIES SHALL BE
REPORTED BY A CERTIFIED SHORTHAND COURT REPORTER, AND WRITTEN
TRANSCRIPTS OF THE PROCEEDING SHALL BE PREPARED AND MADE AVAILABLE TO THE PARTIES.
B. THE ARBITRATOR OR ARBITRATORS SHALL PREPARE AND
PROVIDE THE PARTIES WITH WRITTEN FACTUAL FINDINGS AND THE REASONS ON WHICH THE DECISION OF THE ARBITRATOR IS BASED.
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28 C. FINAL DECISION BY THE ARBITRATOR MUST BE MADE WITHIN ONE HUNDRED SIXTY (160) DAYS FROM THE DATE THE ARBITRATION
PROCEEDINGS ARE INITIATED,
D. THE PREVAILING PARTY SHALL BE AWARDED REASONABLE
ATTORNEYS FEES, EXPERT AND NON-EXPERT WITNESS COSTS AND EXPENSES,
AND OTHER COSTS AND EXPENSES INCURRED IN CONNECTION WITH THE ARBITRATION. COSTS AND FEES OF THE ARBITRATOR SHALL BE BORNE BY THE NON-PREVAILING PARTY.
E. AS SOON AS PRACTICABLE AFTER SELECTION OF THE
ARBITRATOR, THE ARBITRATOR SHALL DETERMINE A REASONABLE ESTIMATE
OF ANTICIPATED COSTS AND FEES OF THE ARBITRATOR, EACH PARTY SHALL DEPOSIT WITH THE ARBITRATOR AN AMOUNT EQUAL TO ONE-HALF (1/2) OF THE ESTIMATED AMOUNT WITHIN FIVE (5) DAYS FROM THE DETERMINATION.
F. ARBITRATION SHALL BE CONDUCTED PURSUANT TO
CALIFORNIA CODE OF CIVIL PROCEDURE §1280 ET SEQ. THE PROVISIONS OF TITLE 9 OF PART 3 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE, INCLUDING §1283.05, AND SUCCESSOR STATUTES, PERMITTING EXPANDED DISCOVERY
PROCEEDINGS SHALL BE APPLICABLE TO ALL DISPUTES WHICH ARE ARBITRATED.
G. IF THESE ARBITRATION PROVISIONS ARE HELD
UNENFORCEABLE FOR ANY REASON, IT IS AGREED THAT ALL ARBITRAL ISSUES
IN ANY JUDICIAL PROCEEDING WILL BE SUBJECT TO AND REFERRED ON A
MOTION BY ANY PARTY FOR HEARING AND DECISION BY A REFEREE AS PROVIDED BY CALIFORNIA CODE OF CIVIL PROCEDURE §638 ET SEQ.
H. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR
CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER RESIDENTS, OR
ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
54.4 NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE
CONTRARY, THE FOLLOWING MATTERS SHALL BE EXEMPT FROM ARBITRATION:
A. UNLAWFUL DETAINER AND FORCIBLE DETAINER ACTIONS;
AND
B. ACTIONS FOR INJUNCTIVE RELIEF PROVIDED, HOWEVER,
THAT SAID ACTIONS SHALL BE ABATED OR STAYED EXCEPT TO THE
EXTENT NECESSARY TO AFFORD THE PARTIES THE RIGHT TO OBTAIN AND PO 00043
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29 ENFORCE PROVISIONAL INJUNCTIVE RELIEF (TEMPORARY RESTRAINING ORDERS AND PRELIMINARY INJUNCTIONS).
54.5 NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING
TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS Y0U
MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL BY INITIALING IN THE SPACE BELOW. YOU ARE GIVING UP YOUR TO STATUTORY
DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO
ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED
TO ARBITRATE UNDER THE AUTHORITY OF THIS CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO THE NEUTRAL ARBITRATION.
Homeowner's Initials
55. RELEASE OF CLAIMS.
55.1 As a material part of the consideration for this Agreement, Homeowner hereby waives, releases and discharges Owner and each and all of Owner's and Park's present and former partners, officers, directors, agents, representatives, employees and attorneys and each and all of Owner's respective heirs, successors, executors, administrators and assignees of each from any and all claims, agreements, contracts, covenants representations, obligations, losses, liabilities, demands and causes of action which Homeowner may now or hereafter have or claim to have against Owner or Park, by reason of any matter or thing, whether of a personal or business nature, whatsoever, to and including the date hereof. Homeowner hereby waives any and all rights that Homeowner may have under the provisions of Section 1542 of the Civil Code of the State of California, which section reads as follows:
"A General Release does not extend to claims which the Creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him, must have materially affected his settlement with the Debtor,"
55.2 It Is understood by Homeowner that, if the facts or law with respect to which the foregoing release as given turn out hereafter to be other than or different from the facts or law in that connection now known to be or believed by Homeowner to be true, then Homeowner expressly assumes the risk of the facts or law turning out to be so different, and agrees that the PO 00044
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30 foregoing release shall be in all respects effective and not subject to termination or rescission for any such difference in facts or law.
Homeowner's Initials
55.3 This provision "RELEASE OF CLAIMS" shall not, and does not, apply to any finding by a court or arbitrator of Owner's or Park's willful violation of the California Mobilehome Residency Law.
56. RIGHT OF FIRST REFUSAL.
56.1 Homeowner grants the Park a right of first refusal to purchase Homeowner's mobilehome. If Homeowner receives a bona fide offer to purchase Homeowner's mobilehome, that offer (including all terms of the offer) shall be submitted In writing by Homeowner to the Park Office in person or by U.S. First Class Mail, and the Park shall have ten (10) days from receipt of Homeowner's notification to meet the terms of this offer. The Park will notify Homeowner of Park's intention to meet the offer by sending a notification of intent to exercise right of first refusal to Homeowner in person or by U.S. First Class Mail at Homeowner's home address.
56.2 If the Park does not send notification of intent to exercise right of first refusal to Homeowner within ten (10) days, Homeowner will be free to sell the mobilehome to the third party tendering the original offer, in accordance with the terms set forth in the paragraph entitled "APPROVAL OF PURCHASER AND SUBSEQUENT HOMEOWNERS". If for any reason, the prospective purchaser does not purchase Homeowner's mobilehome, Homeowner will repeat this procedure with any and all subsequent offers to purchase.
56.3 If Homeowner fails or refuses to submit the offer to t he Park under the terms of this section, then Homeowner will be responsible for all damages to Park caused as a result of Homeowner's failure to perform under the terms of this provision.
Homeowner's Initials
57. INSPECTION OF HOMESITE AND PARK.
57.1 By signing this Agreement, Homeowner acknowledges that Homeowner has carefully inspected the Homesite to be leased and all the Park's facilities, has found them to be in good and sanitary order, condition and repair as represented by Park to Homeowner, either orally or in writing, and to the extent that they are not exactly as represented, either orally or in writing, agrees to accept them as they are.
57.2 Homeowner acknowledges that Park is not a "security" Park and Owner is not responsible for any damage or injury in or on the Homeowner's Homesite, mobilehome, personal PO 00045
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31 property or person. Homeowner understands that Homeowner should maintain Homeowner's own security precautions.
Homeowner's Initials
58. SUBLEASING.
58.1 Homeowner shall not sublet, assign, lease, rent or otherwise allow any person to occupy the Homesite for a fee or other enumeration except for the following circumstances for reasons of hardship or as provided by law:
A. Homeowner has resided in the mobilehome for at least one (1) year prior to the necessity of temporarily renting the mobilehome; and B. The Homeowner has been required to be absent from their home for an extended period of time because of medical reasons which are confirmed in writing by an attending physician; OR
C. The Homeowner has been transferred away or required to take a lob out of the area, or all of the Homeowners have died; and the mobilehome has been listed for sale for a continuous period of at least six (6) months with a licensed mobilehome dealer or real estate broker at a price set by that dealer or broker; and no offer has been made within ten percent (10%) of the listing price.
58.2 If all the conditions listed above have been met, then Homeowner or their heirs or executors may sublease the space and mobilehome if each of the following conditions are met:
A. A written Sub -Lease Agreement is executed between Park and Homeowner (or heir) before any sublessee may occupy Homeowner's mobilehome; and B. The proposed sublessee must complete an application for tenancy arid must be approved for residency based upon criteria applicable to prospective purchasers under California Civil Code §798 et seq, including a reasonable determination of the ability of proposed sublessee to pay rent and to comply with the Park's Rules and Regulations.
Accordingly, the proposed sublessee must:
(1) Be presented to Owner and be approved by Owner;
(2) Agr ee in writing to permit the Park to obtain a credit report from a credit bureau regarding proposed sublessee's credit history; (3) Pay a fee as may be permitted by the Mobilehome Residency Law for obtaining a financial report or credit rating;
(4) Be accepted in writing by the Park;
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32 (5) Execute a sublease providing for a term of tenancy of no less than six (6) months or more than twelve (12) months; and
(6) Execute a copy of the Rules and Regulations and further residency documents reasonably necessary to protect the Owner's interest.
C. All agreements between Homeowner and proposed sublessee must be disclosed
to Owner.
D. Homeowner shall keep his/her current address and phone number on file with management during the term of the rental or sublease.
E. Park will look only to the Homeowner or Homeowner's heirs, or executor for payment of all rent, utilities and incidental service charges for the space and not to the subtenant,
F. Homeowner may not charge a renter or sublessee more than the necessary amount to cover the cost of space rent, utilities and scheduled loan payments on the mobilehome, if any.
58.3 Any subleasing of the Homesite or mobilehome shall be null and void unless Homeowner and proposed sublessee have complied with the terms and conditions of this paragraph “SUBLEASING”. If Homeowner or proposed sublessee fail to comply with the provisions of this paragraph "SUBLEASING”, the sublessee shall have no rights of tenancy and may not reside on any basis in the mobilehome or on the Homesite.
58.4 If a sublessee has received approval by Owner, such suble ssee may be permitted to occupy Homeowner's mobilehome and to use the recreational facilities. During the term of the sublease, the sublessee shall have the exclusive rights of possession and occupancy while the sublease is in effect. Sublessee shall perform all duties and covenants of this Agreement and as may be defined further in the consent to sublease.
58.5 Upon expiration of the sublease, new permission must be obtained to re- sublease the Mobilehome or the Space. All other provisions of California Civil Code §798.23.5 and Chapter 16.28 of the San Marcos City Ordinance pertaining to Temporary Rental of Mobilehomes, as may be amended, shall apply.
58.6 This Agreement may be terminated, at the sole option of the Owner, i f Homeowner sublets the Homesite or mobilehome in violation of this Agreement. Nevertheless, Owner retains the right to sublet any Homesite or mobilehome located on any Homesite within the Park.
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33 58.7 Homeowner and sublessee, jointly and severally, shall be obligated to perform all duties required under this Agreement, the sublease, the Sub-Lease Agreement, and the Rules and Regulations, and to such purpose, both sublessee and Homeowner shall be considered joint partners, and the termination of tenancy of either of such partners shall apply of equal force and effect to both. Homeowner and sublessee further warrant and guarantee all required performance by each partner. In the event of default Owner may terminate tenancy by joinder of the sublessee, or Homeowner, or both, and Homeowner agrees that any legal process to recover possession may be commenced exclusively against the sublessee. Notices served on sublessee shall be deemed served on Homeowner.
58.8 Homeowner and sublessee shall provide the Park i mmediately with any amendments, addenda or modification of the agreements between Homeowner and sublessee without further demand or request of the Park. Any failure to do so or failure to make full disclosure of all terms of agreements between Homeowner and sublessee shall be grounds to prohibit subleasing by Homeowner and to require the immediate termination of any sublease.
58.9 This paragraph entitled "SUBLEASING" and all subparagraphs thereto, shall be deemed a covenant and a rule and regulation. Any sublease paragraph shall terminate upon the expiration of the term of this Agreement, unless this Agreement shall be renewed or extended as provided herein, whereupon subleasing may be prohibited at Owner's sole option.
Homeowner's Initials
59. DISCOVERY OF RENT CONTROL EXEMPT SPACE.
59.1 At any time during Homeowner's tenancy, Owner discovers that Homeowner under the California Mobilehome Residency Law is not entitled to the benefits of any ordinance, rule, regulation, or initiative measure adopted by any government entity to establish a maximum amount that Owner may charge Homeowner for rent, Homeowner shall no longer be entitled to receive any benefit or protection under such rule, regulation, ordinance or initiative measure.
Notwithstanding Homeowner was treated as though Homeowner was entitled to the benefits of an ordinance, rule, regulation, or initiative measure establishing the maximum amount that Owner may charge Homeowner for rent, such conduct shall not and does not waive, and shall not be construed as a waiver of Owners rights under the California Mobilehome Residency Law to charge for increased rent, and Owner will not be estopped from implementing future rent increases which do not conform with any ordinance, rule, regulation, or initiative measure establishing a maximum amount that Owner may charge Homeowner for rent.
59.2 Homeowner acknowledges that Homeowner has had the opportunity to negotiate changes to this Agreement (or any documents it refers to) with Owner, and Homeowner has voluntarily elected to execute this Agreement.
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34 60. ACKNOWLEDGEMENTS.
60.1 Homeowner represents and acknowledges that this Agreement is being entered Into between Owner and Homeowner for the personal and actual residence of Homeowner.
60.2 Homeowner understands, agrees, and acknowledges that Homeowner is acquiring a leasehold for a limited period of time and is purchasing (or has purchased) only the mobilehome which occupies the Homesite, Ownership of the mobilehome space remains with Owner. The price, appraisal, or stated value of the mobilehome, may reflect not only the mobilehome's value, but its "site" value; that being the willingness of a lender to finance or a purchaser to pay a larger amount for the mobilehome by virtue of its location in this Park. In other words, the mobilehome may be worth substantially less off the Homeowner's Homesite than on the Homeowner's Homesite. Homeowner understands that Homeowner is not entitled to receive any value for Owner's property.
60.3 Homeowner acknowledges receipt of a copy of t he documents listed below:
A. The California Civil Code provisions known as the "Mobilehome Residency Law."
B. The Park's Rules and Regulations.
60.4 Homeowner acknowledges that Homeowner has had the opportunity to read this Agreement and consult independent counsel regarding this Agreement
60.5 Restriction on Statute of Limitations. Any claim, demand, right or defense of any kind by Homeowner which is based upon or arises in connection with this Agreement or the negotiations prior to its execution, shall be barred unless Homeowner commences a lawsuit or other form of alternative dispute resolution thereon, or interposes in a legal proceeding a defense by reason thereof, within one (1) year as may be extended by Civil Code §798.84, after the date of the inaction or omission or the date of the occurrence of the event or of the action to which the claim, demand, right or defense relates, whichever applies.
60.6 Consent to Subdivision. Notwithstanding anything set forth herein to the contrary, in the event that Owner elects to subdivide the Park to provide for the conversion to a subdivision, cooperative or condominium, Homeowner agrees that Homeowner shall execute a petition indicating Homeowner's support for conversion of the Park to resident ownership in accordance with Government Code §66410 and §66428.1 et seq., as such statutes may be amended from time to time.
60.7 Lot Line Adjustment. Homeowner agrees and acknowledges that Owner has the right to adjust the lot lines of Homeowner's Homesite. Upon a request of Owner to adjust a Homesite lot line, Homeowner agrees and consents to such adjustment and agrees to execute any documents required by the California Department of Housing and Community Development or PO 00049
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35 other governmental agency with jurisdiction to adjust such lot line. To the extent that such adjustment decreases the size of the Homesite, Owner shall proportionately decrease Base Rent for the Homesite. Should a lot line adjustment require that Homeowner relocate Homeowner's mobilehome and accessory equipment. Homeowner further agrees and acknowledges that Owner may, at Owner's expense and discretion, relocate Homeowner's mobilehome and accessory equipment to another suitable Homesite in the Park.
61. ACKNOWLEDGMENT BY CURRENT HOMEOWNER.
61.1 Homeowner acknowledges that, if Homeowner at the time of the offering of this Agreement is an existing Homeowner, then:
A. Owner has offered Homeowner the option of a: month-to-month rental agreement, a rental agreement having a term of twelve (12) months, or a rental agreement having a term which Is Longer than a month-to-month tenancy but less than twelve (12) months.
B. Homeowner may elect to accept any one of the three (3) options set forth in subparagraph A above, and that this election is solely at Homeowner's option.
C. Even though Homeowner has the three (3) options set forth in subparagraph A above. Homeowner has voluntarily elected the term of tenancy set forth In paragraph 1.2 above.
D. This Agreement contains the same terms and conditions with respect to charges for rent, utilities, or incidental reasonable service charges for the first twelve (12) months of this Agreement as those contained in the rental agreement offered to Homeowners for a term of twelve (12) months or less, including a month-to-month term.
Homeowner's Initials
62 ACKNOWLEDGMENT BY PROSPECTIVE HOMEOWNER.
62.1 If this Agreement is being provided pursuant to California Civil Code § 798.75(a). then upon execution by parties to this Agreement, any tenancy created thereby, shall be null and void, and of no force and effect, unless and until; (a) escrow is closed within fourteen (14) days of execution of this Agreement by both Parties; (b) at least one (1) person executing this Agreement as "Homeowner” is the registered owner of the mobilehome on the Homesite; and (c) Homeowner assumes physical occupancy of the mobilehome on the Homesite within thirty (30) days of the execution of this Agreement
Homeowner's Initials
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36 62.2 If this Agreement is being offered to a prospective Homeowner, Homeowner acknowledges that Homeowner provided Owner an application for residency. Homeowner represents and understands that such application is true and correct and that any material misrepresentation or omission by Homeowner on the application may at the sole election of Owner, result in the termination of this Agreement and the tenancy created hereunder.
Homeowners Initials
62.3 If this Agreement is being offered to a prospective Homeowner, Homeowner acknowledges receipt from Park Management of a Mobilehome Park RentaJ Agreement Disclosure Form (pursuant to California Civil Code §798.75.5), and Homeowner further acknowledges that Homeowner received the Mobilehome Park Rental Agreement Disclosure Form at least three (3) days prior to execution of thls Agreement.
Homeowner's Initials
Dated:
Agent
IN WITNESS WHEREOF, Owner and Homeowner have executed this Agreement as of the day and year written below, further acknowledging and agreeing that all blank spaces have been completely filled in prior to such execution.
(Print Name)
Dated:
HOMEOWNER
(Print Name)
Dated:
HOMEOWNER.
(Print Name)
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37 ACKNOWLEDGMENT AND AGREEMENT BY RESIDENT AND/OR EXTRA PERSON:
The persons signing below hereby acknowledge and agree to the following:
1. That they are not a "Homeowner" as defined by the Mobilehome Residency Law and this Agreement.
2. That they are bound by the Park's Rules and Regulations and all other obligations pursuant to this Agreement (except for the obligation for payment of rent).
3. That they have no rights of tenancy pursuant to the Mobil ehome Residency Law.
4. If Homeowner ceases to be a full-time occupant of the mobilehome, the undersigned will no longer be allowed to reside In Homeowner's mobilehome, except with the prior written approval of Park Management.
Dated:
RESIDENT/EXTRA PERSON
(Print Name)
Dated:
RESIDENT/EXTRA PERSON
(Print Name)
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93 PO 00054
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96 12625 HIGH BLUFF DRIVE SUITE 310 SAN DIEGO, CA 92130 PH (858) 481-3081 FAX (858) 481-2674
March 03, 2026
City of San Marcos
1 Civic Center Drive
San Marcos, CA 92026
Re: Declaration of Submission
Regarding the rent increase submission to the City of San Marcos on March 03, 2026:
"I George Gregory declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and if called upon to testify as a witness I can and will do so competently to the same effect."
George Gregory 03-03-2026 ___________________________________ _________ Springdale Owner Representative Date
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97 RULES AND REGULATIONS
of
Springdale Estates
June 13, 2019
Equal Housing Opportunity
We do business in accordance with
the Federal Fair Housing Law
It is illegal to discriminate against any person
because of race, color, religion, sex, gender or gender identity, handicap, familial status, or national origin
This Community is designated as
An all age facility
with no minimum age requirements for residency
PLEASE NOTE: The PARK retains the right to change, alter, amend or delete any age requirement as allowed by applicable law.
Springdale Estates
2907 5. Santa Fe Ave.
San Marcos, California 92069
(760) 599-7254
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1. INTRODUCTION.
Our Rules and Regulations have been developed as a basis for good relations within Springdale Estates (the "Community" or "Park"). Because ours is a mobilehome community, it has unique conditions which must be recognized and dealt with in a fair and reasonable manner, and applied and complied with on an impartial basis. The spirit behind these guidelines is in the Golden Rule: "Do unto others as you would have others do unto you." We trust we will have your complete cooperation not only to keep Community standards high and to maintain a happy and friendly atmosphere, but also to assure each Resident a maximum of convenience and comfort. Resident will not do anything to unreasonably adversely affect other residents, their guests, the Community Management or the Owner.
The following Rules and Regulations are a part of your Rental Agreement. Please read the Rules and Regulations carefully and keep them on file as they constitute a binding agreement between you and the management. Furthermore, the regulations contained in these Rules and Regulations will apply to any legal owner, registered owner, junior lienholder, heir, joint tenant, or personal representative of the estate of Resident or any other person or party who gains ownership of Resident's mobilehome pursuant to the Mobilehome Residency Law or other California law. The management will interpret and enforce these Rules and Regulations in a reasonable manner.
2. COMMUNITY STATUS.
Springdale Estates is designated as an all age housing persons with no minimum age requirements.
Springdale retains the right to change, alter, amend or delete any age requirement in the future or to discontinue minimum age standards entirely, as allowed by applicable law.
3. DEFINITIONS.
The definitions set forth below shall apply unless the context indicates that a different meaning is intended:
A "Community" means Springdale.
B. "Community facilities" means those services and facilities of the Community generally available to Residents and their guests.
C. "Community Management's approval" or "approval of Community Management," "Community Management's consent" or "consent of Community Management" or other similar terms as used in these Rules and Regulations or in other documents referred to in these Rules and Regulations, means that the Community
Springdale Estates
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INITIALS _
Management's prior written approval must have been obtained by Resident before Resident commences any such action requiring Community Management's approval. If Community Management's prior written approval is required, Resident shall submit a written request to Community Management which describes the action Resident proposes to take and requests Community Management to give prior written approval.
D. "Guests" includes all of Resident's companions, agents, employees, persons sharing the Homesite pursuant to Civil Code §§ 798.34(b), (c), or (d), invitees, permittees or licensees or other persons in the Community or on the Homesite at the invitation, request or tolerance of Resident; such persons do not have the right to occupy Resident's mobilehome as a member of Resident's immediate family as defined by Civil Code§ 798.35. "Guests" also include any Residents who are not homeowners.
E. "Homeowner" or "Resident" means the person or persons signing this document. Homeowner also refers to a person with tenancy for a Homesite in the Community.
F. "Homesite" or "Space" means the real property rented to Homeowner by Owner and the Community. The boundaries of the real property rented to Resident shall be the lesser of either: (1) the lot lines as determined by a governmentally approved survey or by a recorded plot plan; or (2) the apparent physical boundaries of the Homesite as they exist at the time the rental agreement is/was entered into. PLEASE NOTE: The upper boundaries of the Homesite end at the top of the roofline of the Resident's mobilehome. The rental of the Homesite does not include any right or easement for light or view. Regarding maintenance of the Homesite, Resident shall be responsible for the greater area as defined by this paragraph.
G. "Mobilehome Residency Law" or "MRL" means the most current version of the California Civil Code§§ 798 et seq. and as may amended from time to time.
H. "Owner" includes, but it is not limited to, the owners of the CommunTty (including the owner's partners, directors, representatives, officers, employees, and agents) and the management of the Community (herein referred to as the "Community Management").
I. "Resident" is a homeowner or other person who lawfully occupies a mobilehome. A prospective homeowner, purchaser, or those persons listed on the last page of the Rental Agreement or Lease Agreement as "Lessee" who have not been approved for tenancy by the Community and have not closed escrow on the mobilehome occupying the Homesite shall not be deemed a "Homeowner" or "Resident." PO 00060
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4. COMPLIANCE WITH LAW AND RULES AND REGULATIONS.
A. Residents and Guests have the right to use the Homesite and Community facilities only if they comply with these Rules and Regulations and the other provisions of the Community's residency documents.
B. Resident and Guests shall also comply with any and all applicable local, state and federal laws relating to their mobilehome, their Homesite and their conduct in and about the Community.
C. Resident agrees to abide and conform with all applicable laws and ordinances, all terms and conditions of these Rules and Regulations, all rules, regulations, terms and provisions contained in any document referred to in Homeowner's rental agreement, and the rules, regulations, terms and provisions as may, from time to time, be amended, modified or otherwise changed by Owner.
D. Community Management will attempt to promptly, equally and impartially obtain the cooperation and compliance of all Residents with respect to the Rules and Regulations and other conditions of residency. Resident recognizes, however, that Community Management's ability to obtain compliance is dependent upon a number of factors, including the cooperation of all Residents and their guests. Resident agrees, therefore, that the enforcement of the Rules and Regulations and conditions of tenancy are a private matter between Community Management and each Resident individually .
Resident agrees that he is not a third party beneficiary of any other agreement between Owner/Community Management and any other Resident in this Community.
E. Resident must recognize that Community Management will not be responsible to Resident for normal, day -to-day disturbances that may result from the close proximity of other Residents and persons within the Community. Community Management will not be liable to Resident for monitoring each routine disturbance, disagreement or minor problem that may occur between neighbors. If Resident is unreasonably disturbed or bothered by the activity of another Resident or the guest of another Resident, Resident should attempt to reasonably resolve any such problem.
F. Any violation of the Rules and Regulations shall be deemed a public nuisance. Homeowner and Resident agree that a breach of any of the Rules and Regulations cannot reasonably or adequately be compensated in damages in an action of law and, therefore, Owner shall be entitled to injunctive relief including, but not limited to, restraining Resident from continuing to breach any such rules or regulations, term, or condition, or to allow a condition violative of a rule or regulation, term or condition to exist or continue to exist.
G. If any of these rules are violated, the Community may bring an action against Resident to evict Resident or bring any other action which is otherwise permitted by the Mobilehome Residency Law, or bring an action against the resident for declaratory PO 00061
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.
relief with the FCC (dealing with Reception Devices noted below) or any court of competent jurisdiction after notice and opportunity to be heard. To the extent permitted by law, the Community may be entitled to recover from the offending Resident possession of the space, damages proximately caused by Resident's conduct, reasonable attorneys' fees, costs and expenses incurred by the Community in the enforcement of these rules and any other sums or remedies as may be permitted by law.
H. Resident is financially responsible for any damage or injury to persons or property caused by Resident, members of Resident's household or Resident's Guests.
5. COMMUNITY PERSONNEL.
Owner shall be represented by Community Management, including a Resident Manager, who is vested with all the legal right and authority to enforce the Rules and Regulations on behalf of the Community's Owner. At all times, Community Management must be treated with dignity and respect by Residents and Guests.
6. GUESTS.
A. For any guest who stays with Resident more than twelve (12) hours a day or overnight for a total of twenty (20) consecutive days or a total of thirty (30) days in a calendar year (hereinafter "grace period"), Resident may be charged a guest fee for each month following the expiration of such grace period. The additional charge shall be due and payable on the day after the expiration of such grace period and shall thereafter be due on a monthly basis, paid in advance. No such charge will be imposed if the Guest is an immediate family member of Resident (as set forth in Civil Code § 798.35) or if the Guest is sharing Resident's mobilehome pursuant to Civil Code§§ 798.34(b), (c) or (d).
B. Before any additional person (other than the ones listed on the last page of Resident's rental agreement) may stay longer than the grace period and/or is permitted to reside with Resident, Resident must insure that such person comply with the following:
(1) register with Community Management; (2) complete an application for tenancy; (3) be approved by Community Management; and (4) sign a copy of the then current Rules and Regulations and execute all other residency documents as required by Community Management. However, no such person or registered guest will have any rights of tenancy in the Community in the absence of Resident.
C. Resident agrees to acquaint all Guests with the conditions of tenancy of the Community, including, but not limited to, the Community's Rules and Regulations.
Resident is personally responsible for all the actions and conduct of Resident's guests.
D. Community Management reserves the right to determine whether the Community's recreational and other facilities can accommodate all the Residents and their guests; therefore, Community Management may refuse any guest access to said PO 00062
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facilities if the guest's presence would unreasonably detract from the use and enjoyment of these facilities by other Residents and guests who are then using the facilities.
E. A Guest is permitted to use the recreational facilities only while accompanied by a Resident.
F. If Resident will not be present, then no guests may occupy or otherwise use Resident's mobilehome without Community Management's consent. If a guest has received approval by the Community, such guest may be permitted to occupy Resident's mobilehome and to use the Community's recreational facilities.
7. MOBILEHOME OCCUPANCY.
A. The number of occupants of a mobilehome shall be limited to two (2) persons per the number of bedrooms present in the mobilehome, plus one (1) additional occupant. A bedroom is defined as a living space which is designed for sleeping and which has closet space, but does not have plumbing.
B. At all times, at least one person who regularly occupies the mobilehome must be the registered owner of the mobilehome and must be a homeowner of the Homesite.
8. MOBILEHOME STANDARDS.
A. Mobilehomes. To insure architectural compatibility, construction and installation standards, all incoming mobilehomes must be doublewide mobilehomes, manufactured homes, or modular homes which are new, have not previously been registered, and must be pre -approved by Park Management before installation.
Mobilehomes may only contain a maximum of three bedrooms that are constructed in compliance with the California Code of Regulations, Title 25 and all other applicable laws, codes and standards and must have detachable hitches. The Community has only 50- Amp Electric Pedestals. It is Resident's responsibility to check to determine that Resident's mobilehome is compatible with the Community's utilities and pedestals for gas, electricity and water. Under no circumstances may any Resident or Guest touch, alter or tamper with the Community's utilities and pedestals for gas, electricity and water. Such utilities and pedestals for gas, electricity and water are the sole property of the Community.
B. Mobilehome Sizes . All mobilehomes in the Community shall conform in size to the requirements of the Homesite on which they are placed as established by Community Management. Placement of mobilehomes shall be determined by Community Management.
C. Mobilehome Occupancy. The number of occupants of a mobilehome shall be limited to two (2) persons times the number of bedrooms present in the mobilehome, PO 00063
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plus one (1) additional occupant. A bedroom is defined as a living space which is designed for sleeping and which has closet space, but does not have plumbing.
D. Accessory Equipment and Structures. The installation of all appliances, accessory equipment and structures on incoming mobilehomes by Resident shall be completed within sixty (60) days of the date Resident signs the Community's rental agreement or first occupies the mobilehome, whichever is earlier. (1) Building permits, licenses and other similar permIssIon from government or quasi-governmental bodies or agencies must be obtained, if so required, before any installation or construction of certain accessory equipment and structures. All such equipment and structures must comply with all federal, state and local laws and ordinances, including, but not limited to, Title 25 of the California Code of Regulations. (2) Prior to commencing a new installation of or a change in accessory equipment and structures or a change in any appliance which is to be connected to the gas, electric or water supply, Resident shall submit for Community Management's approval a written plan describing in detail the accessory equipment and structures which Resident proposes to install or change. Such plan must include, but may not be limited to, dimensions of mobilehome, placement of mobilehome on the Homesite, and proposed placement of accessory equipment in relation to lot lines and all other structures. (3) Only accessory equipment and structures which are prefabricated or otherwise manufactured may be installed on Resident's Homesite. No "homemade" structure is permitted, but accessory equipment and structures which are constructed to contractor standards may be permitted with prior written approval of Community Management.
(4) Any accessory equipment or structure not in compliance with the Community's residency documents shall be removed by Resident within ten (10) days of receipt of written notice.
(5) If Resident does repair or replace Resident's Home or any existing accessory equipment, or if Resident adds any new improvements or accessory equipment, the standards for incoming mobilehomes and for accessory equipment and structures must be met. All such repair, replacement or installation shall be completed within sixty (60) days of approval.
(6) Resident is cautioned that there are mobilehomes and homesites in the Community which contain accessory equipment and structures which no longer conform with present Community standards and regulations; therefore, Resident may not assume Resident's plans will be approved because the plans conform to accessory equipment and structures existin·g on other mobilehomes or homesites.
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(7) Resident is responsible for making sure that Resident's Home and all appliances and equipment in the Home are compatible with the electric service and capacity now available, and Community and Owner shall have no liability or responsibility to Resident if the available electrical supply is incompatible. Resident agrees not to install electrical appliances, which will use energy in excess of the electrical service and capacity available to the Homesite. Resident also agrees that Resident will not attempt to increase the electrical service and capacity of your space by installing any device or doing anything else unless you have received our prior written permission. Any work on the Community's Electrical pedestal shall be done by the Community in its sole discretion. If Resident's electrical demands exceed the capability of the Community, or are otherwise inconsistent with the capabilities of the Park, Resident will be deemed to be in default under Resident's rental or lease agreement and Resident will, in addition to all of the remedies available to Community, reimburse Community within ten (10) working days for any costs and expense Owner incurs in remedying the situation created by Resident's use of excessive or inconsistent electrical demands. Resident also agrees to indemnify and hold Community and Owner harmless against any loss, cost, damage, expense (including attorneys' fees and cost) or other liability incurred or imposed by reason of any injury to persons or property which occurs as a result of Resident's electrical demands . As the amount of such electrical services and capacity will affect Resident's ability to have electrical appliances, Resident must determine in advance from us in writing the amount of electrical service and capacity available to Resident's Home and all appliances and equipment in it are compatible with that service and capacity.
E. Standards for Incoming Mobilehomes and for New Construction and Installation of Accessory Equipment and Structures. The following are the applicable standards for specific equipment and structures for all incoming manufactured homes and for all new construction and installations (including repairs and replacements):
(1) Electrical Appliances. Due to the potential for overloading of the Community's electrical system, the installation of electric heat pumps and other major appliances must be approved by Community Management prior to installation. Community Management may require removal of any appliances (including, but not limited to, air conditioning units) that, in Community Management's reasonable discretion, adversely affect the utility systems of the Community. No water softener which discharges in the Community's sewer system is permitted.
(2) Sewer System. Due to the limited capacity of the Community's sewer system, Resident must receive prior approval before installing any washing machine, garbage disposal or dishwasher. To insure acceptable loads to the sewer system, Resident's application for approval for these appliances may be denied. (3) Air Conditioners. Because the capacity of the Community's electrical system can be adversely affected, no additional air conditioners may be installed at the PO 00065
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Community without prior approval of Community Management. Evaporative (swamp) coolers are permitted provided the cooler is in good operating condition and does not make excessive noise that will be disturb any other Resident. (4) Porches and Patios . Porches and patios are required and must be constructed under permit and meet the appropriate governmental building codes.
Porches must be of an approved material matching the exterior material of the mobilehome. Porches shall be a minimum size as determined by Community Management. Unless made of masonry, surfaces of porches, patios and steps must be covered with outdoor carpet or other approved material. All steps must meet Title 25 requirements, be of good manufactured quality and side faced to niatch the mobilehome's exterior. Steps must have approved guardrails and handrails, as required by law, including California Health & Safety Code and Title 25 of the California Code of Regulations. The temporary steps provided by the mobilehome dealer must be removed from the Homesite no later than sixty (60) days from the date the mobilehome is moved into the Community. Any patio must be covered by an awning which is at least as large as the patio. All textured materials and color must coordinate with the mobilehome. All awnings must be painted or be of anodized aluminum or steel and must be of an approved manufactured type.
Only outdoor patio furniture may be used on the patio, porch, yard or other portions of the space. Indoor furniture sofas, chairs, tables, pillows, and blankets are prohibited. (5) Sunshades, Windscreens and Privacy Screens. Roll-up, aluminum wind screens or privacy enclosures are permitted on Resident's Homesite with prior written approval of Community Management ; however, temporary, roll -up type sun shades (such as plastic, canvas, cloth, bamboo or matchstick blinds) are not allowed.
Shrubbery may also be used for windbreaks or for privacy.
(6) Window Treatments. All windows must have genuine window coverings such as draperies, curtains, blinds or other aesthetically pleasing window coverings, and they must be maintained in good condition and repair at all times. No aluminum foil, sheets, blankets, plywood, paneling, newspaper , shopping bags, paper material, paint or other material not designed as window covering, shade or screen may be used as insulation on windows or as window coverings in any location in or on the mobilehome. No awnings, shades, screens blinds, or other similar items shall be located outside the mobilehome without management's advance written approval. No lattice (wood or plastic) is permitted.
(7) Siding. All mobilehomes must have exterior siding that is either painted or stained wood, Masonite, Hardy Plank, horizontal, house-type siding or stucco.
All colors must be approved by Community Management.
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(8)
Carports. A minimum of eleven feet by forty feet (11' x 40') carport is required with approved roof materials and facias. Carport extension posts or stanchions that exceed the width of the driveways are allowed, assuming they meet Title 25 Regulations.
(9) Skirting and Awnings. Skirting and awnings are required on all mobilehomes. Any patio must be covered by an awning which is at least as large as the patio. All textured materials and color must coordinate with the mobilehome. All awnings must be painted or be of anodized aluminum or steel and must be of an approved manufactured type. Skirting may be of Masonite, masonry or other approved material, which matches the siding of the mobilehome.
(10) Facias and Flashing. All mobilehomes shall have facias (unitizing) that blend with the roofing and siding materials and shall tie into the awnings in such a manner as to eliminate a line of demarcation between the mobilehome and the awnings.
This facia shall be installed completely around the perimeter of the mobilehome. Where the mobilehome is joined at the roof, the facia shall be of the same material as the roof. (11) Roofing. All roofing materials on carports and storage sheds, as well as replacement roofs on mobilehomes, must be non-glare aluminum, composition asphalt shingles or tile.
(12) Rain Gutters. All mobilehomes must be fitted with rain gutters and down spouts which extend to the ground and drain water to the street. (13) Earthquake Bracing. If Resident installs a manufactured home earthquake-resistant bracing system, such system must be installed and maintained in compliance with the California Health & Safety Code and Title 25 of the California Code of Regulations.
(14) Exterior Storage Building. Resident may install 2 storage buildings ; which shall not exceed a combined floor area of 120 square feet. Community Management must approve the type of storage building and where the storage building(s) will be placed. All storage Buildings must be of an approved manufactured type or built of approved materials, must meet applicable building code requirements and regulations, and the roof and siding must match or conform the exterior of the mobilehome.
(15) Exterior Appliances. Electrical appliances outside of the mobilehome are not allowed. This includes, but is not limited to, washers and dryers, refrigerators, freezers, hot plates, cooktops, ranges and ovens, or microwaves. (16) Fences. No fences may be installed upon Resident's Homesite that exceed four (4) feet in height. Fences must be set back four (4) feet behind the front of the home and must be made only of approved Park materials and specifications. Access PO 00067
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points must be free and clear of obstructions. Gates may not be locked, and no gates are allowed across the driveway.
(17) Corner Lots -Special Standards. Management retains the right to make additional requirements for corner spaces or spaces located in unique locations. (18) Antennas and Satellite Dishes. Resident must abide by the following standards regarding the installation of any exterior satellite dish or antenna (collectively "Reception Device") on Resident's Home:
(a) In order to maintain an attractive Community, Residents are strongly urged to rely on only indoor broadcast devices like cable T.V., internet and/or fiber optics, as opposed to installing an outdoor reception device.
(b) Only satellite dishes with a diameter or diagonal
measurement of one meter (approximately thirty -nine inches (39")) or less will be permitted. Any permitted satellite dish must not be visible from the streets or common areas of the Community. For safety reasons, Reception Devices and masts may be only as required to receive acceptable quality signals. Important: If installing the Reception Device on the ground will make it less visible than if installed on the Home, Residents are encouraged to do so. A Reception Device may NOT be installed on the ground without Community Management's prior written permission, which may be withheld in its sole discretion, unless such location interferes with the quality of reception. The Reception Device must be located to the rear of Resident's mobilehome, unless such location interferes with the quality of reception. (c) Any Reception Device shall be installed and secured in a manner that complies with all applicable codes, state and local laws and regulations and manufacturer instructions. Every Reception Device must be installed and secured so that it does not jeopardize the safety of any neighboring property or any person located at or near the Reception Device. In addition, no Reception Device may be installed or placed in such a way as to obstruct a driver's view of any street, driveway, sidewalk or intersection.
(d) Resident shall be solely responsible for the maintenance and repair, including any and all costs associated therewith, of any installed Reception Device at the Homesite and shall not allow any such Reception Device to fall into disrepair or to become a safety hazard.
(e) Every Reception Device must be painted an appropriate color to match the surrounding environment and so it is least visible. (f) An installer (including Resident) of a Reception Device must indemnify or reimburse Community for loss or damage caused by the installation, maintenance, repair or use of Resident's or satellite dish.
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(g) Television antennas must be located to the rear of the mobilehome (away from the street) and may not extend more than three feet (3') above the highest point on Resident's mobilehome or the rooftop of an adjacent structure without Community Management's prior approval, unless such location interferes with the quality of reception. Any antenna must be properly installed and secured to comply with all laws, codes and manufacturer instructions. Only operational television antennas are allowed.
In other words, if you are no longer using the signal from the television antenna, then it must be removed from the Home and Homesite.
(h) Any application for a Reception Device and mast taller than three feet (3') must include a detailed description of the proposed structure and anchorage of the Reception Device and the mast, accompanied by a written explanation in support of extending the Reception Device and mast higher than three feet (3'). Should Community Management determine that the installation of a Reception Device and higher than three feet (3') above the roofline will pose a safety hazard to persons or neighboring property, the Community may prohibit such installation. (i) In addition, a mast installed on the exterior roof of any Home or other structure shall not be installed nearer to a lot line than the total height of the mast and Reception Device structure above the roof of the Home or other structure. The justification for this regulation is to protect persons and property from injury if the mast and Reception Device fall. No Reception Device or its mast may be installed in such a way that it encroaches onto common areas or the space of another Resident.
U) Residents shall be responsible for the maintenance and repair of each Reception Device that he/she install and shall not allow any such Reception Devices to fall into disrepair or to become a safety hazard. Residents are solely responsible for all cost associated with any Reception Device that Resident installs even if the Reception Device meets all of the requirements of these rules including, but not limited to, all cost to (i) repair, maintain, relocated and remove any such Reception Device, (ii) repair damage to other property caused by the installation, maintenance or use of any such Reception Device, (iii) pay medical expenses incurred by any person injured by the installation, maintenance or use of any such Reception Device, and (iv) reimburse and hold Community and Owner harmless for all damages caused by the installation, maintenance and use of any Reception Device.
(k) If a Reception Device installation poses a severe safety risk, then the Park may seek injunctive relief to prohibit the installation or to seek removal of the Reception Device or other appropriate relief.
(I) Other than for television, all other antennas (including, but not limited to, ham radio and CB antennas) are not permitted in the Community. (m) Cable television service is available through the local service provider.
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(n) Only Residents may cause to be installed a Dish, Broadcast Antenna, or other Reception Device which is preapproved by Community Management. (19) Flagpoles. Only small flagpoles, which do not exceed fifteen feet (15') in height, are allowed. If the flagpole is to be mounted to the front of the Home, then the length cannot exceed four (4) feet.
(20) Spas. No spa pool may be installed on the Homesite without prior submission of a plan to and approval by Community Management. If allowed, then manufacturer specifications must be followed, and a locking cover must be in place when the spa is not in use.
(21) Water Softeners. Any water softener which discharges in the Community's sewer system is prohibited.
F. Special Standards. In order to maintain the aesthetic beauty of the Community, Community Management retains the right to impose additional standards on those Residents who have corner homesites or homesites in unique locations.
G. Work Done By Contractors. Management must give prior written approval of all work to be done by contractors in the Community. The Community requires all permitted work to be done by licensed, insured and bonded contractors. Proof of adequate liability and Worker's Compensation insurance is required before any work is done in the Community and the Homesite. No liens against the Community will be allowed, and Resident agrees to immediately take any and all action to remove the same, and protect the Community at Resident's sole cost.
H. Non-Responsibility of Community. The Community is not responsible to inspect and approve any work done by Resident or by Resident's contractors or agents, including, but not limited to, the installation of your Mobilehome, driveway, walkways fences or any other equipment or improvements of any type. To the extent that Community may inspect or approve something, it is for Community's own purpose only and Resident is not entitled to rely on that inspection or approval to ensure that the items have been installed or constructed correctly or that the work has otherwise been done as required. Instead, Resident is responsible for all required inspections, permits and approvals. Resident is solely responsible for any work which is improperly done and which causes any damage to Community or other residents in the Community.
9. LANDSCAPING.
A. Landscaping of unlandscaped homesites or changes to existing landscaping shall be completed within ninety (90) days of the date Resident signs the Community's rental agreement or first occupies the mobilehome, whichever is earlier.
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B. Prior to commencing any landscaping, including changes to existing landscaping, Resident shall submit a detailed landscaping plan to Community Management for approval.
(1) All changes made by Residents already residing in the Community must be completed within sixty (60) days of approval.
(2) Any landscaping which has been installed by Resident without Community Management approval and/or in violation of these Rules and Regulations must be removed by Resident within ten (10) days of written notice.
Management.
(3) Any irrigation system must have prior written approval of Community (4) Resident is cautioned that there are homesites within the Community which may have landscaping which no longer conforms with present Community standards and regulations. Therefore, Resident may not assume Resident's plans will be approved because the plans conform to existing landscaping.
C. The Community maintains the following standards and requirements for landscaping, plants, ground covers, and outdoor decorative features. (1) Drought resistant ground covers, flowers and small shrubs are generally acceptable, and Resident is encouraged to install and maintain same. (2) Resident shall not, unless authorization is given by Park Management, remove any plants upon Resident vacating the Park. (3) Park Management expressly prohibits the use of any manures or odorous chemical fertilizers.
(4) Waterfalls, statuary and other forms of decor will be permitted only with Park Management's approval.
(5) Some form of planted drought resistant ground cover, acceptable to Park Management, is required.
(6) Redwood bark, wood chips or decorative rock (no larger than 3/4"), with an underlining of plastic or landscape fabric for weed control, may be used by the Resident. All decorative rock must be washed frequently. Additional bark, chips and/or rock must be added as necessary, to insure that there is sufficient material at all times to adequately cover the area over which the bark, chips or rock is spread. (7) No large trees or tall plantings are permitted. However, a small tree (which, at maturity, may not exceed eight feet (8') in height) may be planted on Resident's PO 00071
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Homesite only with prior written approval of Park Management. Park Management retains the option to determine the location of and the type of tree which may be planted.
In no event may any tree be planted within six feet (6') of any lot line or in the vicinity of any underground utility system.
(8) No plant, tree, or shrub may be planted which has a root structure that may cause any damage, including, but not limited to, cracking or buckling of streets, driveways or other community facilities or which may interfere with any underground utility system.
(9) Small vegetable or fruit gardens not to exceed one hundred square feet (100') are permissible in the rear of the Homesite providing it is out of view from the Park streets. Resident must contact Park Management to determine whether the vegetables or plants they intend to plant are permissible, as several varieties of plants that may infringe on a neighbor's property, or are unsightly, are expressly prohibited. No rotten fruits or vegetables may remain on the Homesite. Mulch piles are not permitted.
Resident is prohibited from using any soil additive which creates or emits any odor which may annoy or disturb other Residents in the Community.
(10) To avoid damage to underground utilities, Resident must have Park Management's prior written consent before digging or driving rods or stakes into the ground. Resident shall bear the cost of repairs to any utilities or Park property damaged by Resident. In addition, prior to beginning any digging on the Homesite, Resident must contact, as area appropriate, Dig Alert ( www.digalert.org) or Underground Service Alert (www.California811.org) or "Call Before You Dig" in order to locate and mark out all utility lines in digging area. Resident is responsible for damage to any of the Community or utility company's utility lines caused by Resident or Resident's agents. All holes in ground must be filled and leveled.
(11) The existing drainage pattern and grading of the Homesite may not be changed without Park Management's consent. Resident is responsible for insuring that water does not puddle or stand and drains away from Resident's mobilehome into the street, but not onto other homesites or common areas. Resident may be required to correct improper drainage at Resident's expense, including, but not limited to, re-leveling or otherwise adjusting Resident's mobilehome or repairing and/or replacing any improvements.
(12) Due to safety concerns, as well as concerns regarding violations of federal law, marijuana, opium, and similar illegal plants are expressly prohibited from being kept or planted: (a) in the mobilehome or recreational vehicle; (b) anywhere around or in the Homesite; and (c) anywhere on the premises of the Community. With respect to safety issues, the Community Management is concerned as to avoiding the violent crimes associated with the presence of these substances within the Community, and the dangers such crimes pose to Residents and their guests or invitees.
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D. All landscaping, including, but not limited to, shrubs, vines, bushes and lawns, shall be well maintained by Resident. Such maintenance shall include, but not be limited to:
(1) The frequent (at least once each week) mowing of any lawns. Park recommends you replace lawns with drought resistant plants to conserve on water. Any new installations may not include lawns, only drought resistant plants. (2) The removal of weeds and debris at all times.
(3) The trimming of all shrubs, vines and bushes in a manner that maintains an attractive shape and prevents such plants from blocking a neighbor's view or from being excessively high or brushing against a neighbor's mobilehome or awning.
In no event shall Resident's landscaping be allowed to over-hang onto another Resident's Homesite or any common areas of the Park, to exceed the height of Resident's mobilehome, or to obscure the vision of persons driving in the Park. (4) Unless otherwise required by the MRL, Park Management shall be only be responsible for the pruning, trimming and/or removing of trees in the common areas. The Resident is responsible for trees on their Homesite and is required to properly trim their own trees.
(5) Resident will not trim trees or shrubs on Park property other than on his or her Homesite without Park Management's written consent. (6) When vacationing or absent for any other reason, it is the responsibility of the Resident to arrange for someone to water and to maintain the Homesite.
E. Water Usage and Conservation:
(1) Resident Covenant. Resident hereby covenants with and for the benefit of the Park Management to comply (and to use reasonable efforts to ensure that their guests or invitees also comply) with all laws, ordinances, and rules imposed by or on behalf of all government agencies with jurisdiction over the Park as to amounts or timing pertaining to usage of water, including within the Resident's Homesite, as well as within any portion of the Park (collectively, "Water Laws"). The Resident agrees to conserve on water usage to the greatest extent possible in view of the ongoing drought in California.
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(2) Responsibility for Fines. Without limiting the generality of the foregoing, the Resident also agrees that Resident shall be responsible to pay any and all fees or fines, however denominated (collectively, "Fines") incurred by the Community Management based on the Resident's (or their Guests or invitees) non-compliance with any Water Laws that may be in effect, as the same may be modified from time-to-time. In PO 00073
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the event that the Park is assessed Fines based on the usage of water by Residents (or their guests or invitees) in violation of any such Water Laws, Resident further agrees to· reimburse the Park for any such Fines paid by the Park to any government agency or officials with interest at the rate of eight percent (8%) per annum, from the date paid by the Park until reimbursement is made in full by the Resident.
(3) Posting Notice Regarding Amendments to Water Laws. In event that the local, city or county authorities in the jurisdiction where the Park is located impose any more restrictive provisions as to water usage, whether with regard to the days or times that watering, doing laundry or other actions or activities which entail water usage may occur or be performed, or otherwise, then the Resident understands and agrees that the Park Management shall post notice of same at the Park Management office as well as in any common areas such as the clubhouse or pool, as the case may be, and Resident agrees to comply with all such postings as to additional or more specific restrictions that may be imposed from time-to-time under the Water Laws.
10. GENERAL MAINTENANCE OF HOMESITE.
A. Storage. Storage of anything beneath, behind or on the outside of the mobilehome is prohibited and a violation of the California Code of Regulations, Title 25.
This includes, but is not limited to, storage of boxes, trunks, wood, pipe, bottles, garden tools, mops, ladders, paint cans or any item which is unsightly in appearance. (1) Only outdoor patio furniture and barbecues approved for use by Community Management may be used on the patio, porch, yard or other portions of the Homesite.
(2) No towels, rugs, wearing apparel or laundry of any description may be hung outside of the mobilehome at any time.
B. Maintenance and Appearance of Homesite. Resident shall at all times maintain Resident's mobilehome and Homesite in a clean and sanitary condition, and shall cause all rubbish and other debris to be removed from Resident's mobilehome and Homesite on a regular basis. Resident is financially responsible to maintain, repair and replace (as necessary) Resident's mobilehome and all accessory equipment and structures, and Resident must keep these items in good condition and repair at all times.
Resident's obligation applies, without limitation, to the following: Resident's mobilehome; all accessory equipment and structures; walkways; plantings; any banks or slopes located on Resident's Homesite; any utility connecting lines from the meter or utility pedestal to Resident's mobilehome.
(1) Exterior Painting. The exterior paint on Resident's mobilehome, accessory structures and equipment shall be properly maintained. Proper maintenance shall include, but not be limited to, the repainting of the exterior whenever the paint begins to fade, peel, flake, chip or deteriorate in any other manner that detracts from the aesthetic PO 00074
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beauty of the Community. Written approval must be obtained from Community Management prior to any painting. Any change in color requires advance written approval of Community Management. Painting of the mobilehome must be done by a licensed, insured, and bonded. At least three days' advanced written notice must be given to Community Management before any painting of the Home or accessory structures is commenced.
(2) Concrete. All concrete, asphalt and other surfaces shall be kept clean and maintained free of oil and all other sticky or oily substances. (3) Street Area. Residents shall keep the street area in front of their Homesite free from debris emanating from Resident's Homesite. (4) Damage. If any portion of the exterior of the mobilehome or its · accessory equipment, structures, or appliances or the Homesite are damaged, the damage must be repaired or replaced within thirty (30) days. This includes, but is not limited to, damage to the siding, awning supports, down spouts, skirting, porch or storage shed. If Resident's mobilehome has not been repaired, reconstructed, or restored within a reasonable time after work has been commenced on it, then Resident shall remove the mobilehome from the Community at Resident's expense. Upon such removal, Resident shall continue to be bound to perform all of Resident's obligations under the Rental Agreement, unless Resident has given Community Management sixty (60) days' written notice that Resident is vacating the tenancy.
C. Hazardous Substances. Anything which creates a threat to health and safety shall not be permitted on the Homesite.
(1) For the purpose of this provision, "hazardous substance" refers to any flammable, combustible, explosive or toxic fluid, material, chemical, or substance (including, but not limited to, paint, motor oil and other vehicle fluids, herbicides, insecticides, poisons, chemicals or other toxic materials).
(2) No hazardous substances may be stored on the Homesite, except those customarily used for normal household purposes (and then only in quantities reasonably necessary for normal household purposes which shall be properly stored within the mobilehome and/or storage building).
(3) Resident shall not dispose of any hazardous substances under or about Resident's Homesite, other homesites in the Community , the Community's common areas or any other area of the Community (including, but not limited to, the sewer system or other drainage areas, the street gutters, the driveway areas or the ground beneath Resident's mobilehome, accessory equipment, or elsewhere on the Homesite).
(4) In the event Resident stores or disposes of hazardous substances under or about Resident's Homesite or elsewhere in Community, Resident shall PO 00075
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immediately and appropriately remove the hazardous substances at Resident's own expense. If the Resident fails to remove the hazardous substances within ten (10) days after Community Management gives Resident written notice to remove the hazardous substances, the actual cost of such removal shall be immediately due and payable to Owner. Resident agrees to indemnify Community against (and hold Community harmless from) any loss, liability, damage or expense, including, without limitation, reasonable attorneys' fees, which (either directly or indirectly) Community may incur or suffer by reason of the storage or disposal by Resident of any hazardous substances on or under Resident's Homesite, other homesites in the Community or any other areas of the Community.
D. Utility Pedestals. The utility pedestals (gas, electricity and water and other utility hookups) are the property of the Community and must be accessible at all times. If one of the Community's water shut-off valves is located on Resident's Homesite, it must be kept uncovered and accessible at all times. Resident shall not connect, except through existing electrical or natural gas outlets or water pipes on the Homesite, any apparatus or device for the purposes of using electric current, natural gas or water . All drain and line connections must be gas and water tight and meet the requirements of the California Code of Regulations, Title 25.
E. Licenses and Fees . All mobilehomes within the Community must bear a current license and decal issued by the appropriate agency of the State of California as required by State Law. Any fee, tax or registration charge for Resident's mobilehome by any county, state or federal agency must be paid by Resident. Resident shall provide to Community Management, on three (3) days' written notice, a copy of the registration card issued by the Department of Housing and Community Development or other appropriate agency for the mobilehome occupying the Resident's Homesite. In addition, all mobilehomes must bear the appropriate and legitable insignia in order to be bought and sold.
F. Exterior Lighting. Any lightbulb used on the exterior of Resident's mobilehome may only be a maximum of sixty (60) watts and must be aimed only to portions of Resident's Homesite, but not to any other Resident's Homesite or mobilehome. Only UL approved Christmas lights and decorations shall be used on Resident's Homesite. Any decoration and/or lights used on the outside of Resident's mobilehome must be UL approved and are subject to Community Management's approval. Christmas lights and decorations may be displayed only after Thanksgiving, but no later than mid-January; in no event may Christmas lighting and decorations be left up any other time of the year. No bright security lighting on motion sensors or fixtures that are overly bright are allowed to face or shine onto the streets.
G. Mailboxes. Mail will be delivered by the United States Postal Service to mailboxes located throughout the Community. Individual mailboxes shall be Resident's responsibility and shall be maintained in good condition, including, but not limited to, PO 00076
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A,
periodic cleaning and repainting as necessary. The Community has also installed mail tubes at each Homesite for official Community communication. Such tubes are not to be used for any other purpose.
H. Garbage and Trash Disposal. Garbage must be wrapped and with other refuse, must be placed in plastic trash bags and kept inside the mobilehome or storage shed in an approved container.
(1) Sanitary and health laws must be obeyed at all times. (2) Combustible, noxious, or hazardous materials should be removed from the Community and not placed in Resident's containers.
(3)
tight-fitting lids.
All garbage and refuse must be stored in garbage containers with (4) Bringing trash from outside the Community to dump in Resident's trash containers is not permitted.
(5) Trash will be picked up periodically by the local refuse hauler . A maximum of two (2) approved containers may be placed at Resident's curbside; no materials may be left outside of the two approved containers per Homesite. Empty trash containers must be promptly removed from the street and stored in a storage shed or otherwise not be visible from the street or an adjacent mobilehome.
I. Prohibition against Waste, Nuisance and Unreasonable Annoyance.
Resident agrees not to do anything that will constitute waste, nuisance, unreasonable annoyance, damage or injury to anyone or their properties. Resident also agrees not to permit any act or maintain or permit to be maintained any condition on Resident's Homesite or Home which may cause an increase in the rate of insurance we pay or increase our costs of maintenance and repair or in any way increase the risk of damage to the Homesite, Community, or any person or property within the Community.
11. ADVERTISEMENTS.
A. All exterior advertising flags, including, but not limited to, for sale signs, open house signs and garage sale signs, are prohibited. However, Resident may place a sign in the window of the mobilehome, on the side of the mobilehome or in front of the mobilehome facing the street stating that the mobilehome is for sale or exchange. Such sign shall conform to the type of signs and not exceed the dimensions permitted by the Mobilehome Residency Law; such sign shall state only the name, address and telephone number of the owner of the mobilehome or Resident's agent.
B. Signs or banners are not allowed to be posted within the Community, on the exterior walls of the Community, or on individual units, fences, driveways or sidewalks PO 00077
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other than as allowed in the then-current provisions of the Mobilehome Residency Law.
Political campaign signs may not exceed two (2) signs, measuring not more than six square feet and may not be displayed in excess of a period of time from (90) ninety days prior to an election to fifteen (15) days following the election.
C. Signs posted in front of a Home may be of an H -frame or an A -frame with the sign face perpendicular to, but not extending into the street. Any change in the Mobilehome Residency Law or other law affecting these restrictions shall automatically become applicable and become a part of these Rules and Regulations. Under Community Rules, a Homeowner may have a "for sale" sign on the Space for no more than a maximum of (6) six months in any (12) twelve month period. You may not have any "Open House" signs or other similar advertisements, unless approved in advance by Community Management.
D. The Community bulletin boards may be used by Resident for no longer than seven (7) days to advertise the sale of a specific item or items.
E. "Patio sales," "moving sales," and "yard sales" are expressly prohibited, unless conducted with prior written approval of Community Management.
12. ENTRY UPON RESIDENT'S HOMESITE.
Community Management shall have a right of entry upon the Homesite for maintenance of utilities, to read the utility meters, for maintenance of the Homesite where the Resident fails to maintain the Homesite in accordance with the Rules and Regulations, and for the protection of the Community at any reasonable time, but Community Management may not do so in a manner or at a time which would interfere with the occupant's quiet enjoyment. Community Management may enter a mobilehome without the prior written consent of Resident in the case of an emergency or when Resident has abandoned the mobilehome or accessory structure.
13. RECREATIONAL FACILITIES.
A. Recreational facilities are provided for the exclusive use of Residents and their accompanied guests.
B. Hours for the recreational facilities and additional rules and regulations governing the use of the recreational facilities are posted in and about the facilities and are incorporated into these Rules and Regulations by reference.
C. No drinking of alcoholic beverages is allowed in or around the recreation area or building, except at special functions approved in advance by Community Management. If alcoholic beverages are to be consumed, a liability insurance binder may be required. No glassware or soft drink bottles may be taken into the recreation areas.
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D. No gambling will be permitted at any time. However, bingo is allowed if organized by the Community Residents' Committee, written approval is given by Community Management, and if bingo games are conducted in compliance with applicable law.
E. Persons in swimming suits or trunks, wet or dry, will not be allowed in the clubhouse. All persons must be fully clothed at all times in the clubhouse and other Community buildings. Footwear must be worn in all Community buildings.
F. No Resident may have more than one (1) guest at any time in the billiard room unless permission is granted by Community Management. There is a maximum of two (2) games if other Residents are waiting to play. Please bring your own billiard balls and cue sticks. Additional rules for the billiard room are posted in and about the recreational facility.
G. No Resident may have more than three (3) guest at any time in the shuffleboard area. Residents are to wear rubber soled shoes when playing shuffleboard.
There is a maximum of two (2) games if other Residents are waiting to play.
H. Smoking (including e-cigarettes) is not permitted in the clubhouse and other enclosed areas of the Community's common facilities.
I. No one may put their feet against the wall, windows or tables within the recreational areas.
J. Screaming, running, horseplay and loud noises are not allowed in any of the recreational areas.
K. No Resident may have more than one (1) guest at any time in the Recreational facilities and swimming pool area. Recreational facilities and swimming pool rules may be changed or revised upon sixty (60) days' notice to Resident.
L. Radios, CD players, boom boxes, televisions, and other such entertainment devices are not permitted in the pool area, the clubhouse and recreational facilities of the Community, unless used with earphones.
M. Residents wishing to reserve the clubhouse or rooms in the clubhouse for private parties, meetings or other functions must apply by making arrangements with Community Management two (2) weeks in advance. Should the date not conflict with any other applications, social events or planned use of the facilities, and upon approval by the Community Management, the request will be granted. No private parties are allowed. All special events, parties, dinners, or social events must be open to all Community residents.
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There will be no charge for the use of the clubhouse; however, Resident will be required to pay for any damage that may occur. Those scheduling the function will be responsible for normal cleanup immediately after the event or party. All such functions must be carried on in full compliance with these Rules and Regulations and the other residency documents of the Community. Resident will, therefore, be required to provide Community Management with information relating to the function so that Community Management may evaluate the function.
N. Persons under the influence of alcohol or drugs will be cause for immediate expulsion of the offending party or parties.
14. SWIMMING POOL RULES.
A. Persons using the pool must do so at their own risk. There is no lifeguard on duty.
B. A Swimming Pool Release Agreement must be signed by Resident before Resident, Resident's children, Resident's guest(s), or any other occupant of Resident's mobilehome may use the swimming pool.
C. All persons must shower before using the pool or spa pool.
D. Swim fins, diving masks, rubber floats, and the like are not permitted to be used while others are using the pool.
E. The swimming pool is heated only from Nov 1 to Mar 1 of each year F. Only manufactured swim wear in good condition may be used. No cutoffs or other similar "homemade" swim wear is permitted.
G. It is recommended that children under fourteen (14) years of age should not use the swimming pool or spa pool unless accompanied by an adult. Posted pool signs stating otherwise are in place due to California law.
H. Guests are not permitted to use the swimming pool unless accompanied by a Resident.
I. All persons who are incontinent or who are not "potty trained" are not permitted in the pool.
J. Smoking (including e-cigarettes) and alcoholic beverages are prohibited in the swimming pool or spa pool.
K. For protection of deck furniture, please place towels over chairs when using suntan oil, creams, or lotions. No person may enter the swimming pool or spa pool with suntan oil or suntan products on her/his body.
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L. No one with a skin disease or open wound will be permitted in any of the ..... pools.
M. Shoes or sandals must be worn to and from the pool area.
N. Community Management reserves the right to limit the use of the pool at any time and to restrict use of the pool by anyone. Residents are responsible for the conduct of their guests.
0. No glass containers of any kind are permitted in the pool area.
P. Pools hours and additional pool rules are posted in the pool area and are incorporated herein by this reference.
Q. No diving in the swimming pool at any time.
15. REST ROOM AND SHOWER FACILITIES.
A. Rest rooms and showers are provided for the exclusive use of Residents and their accompanied guests. These facilities are available for showering before and/or after using the swimming pool or as a rest room for persons using the laundry room or swimming pool. At all other times, Resident is to use the bathroom(s) located in Resident's mobilehome.
B. These facilities will be closed from time to time at Community Management's discretion for cleaning and repairs.
16. LAUNDRY FACILITIES.
A. The laundry facilities are provided for the exclusive use of Residents of the Community.
B. Laundry hours are posted. These facilities will be closed from time to time at Community Management's discretion for cleaning and repairs.
C. Washers, dryers, and all other laundry facilities are to be cleaned by Resident, inside and out, immediately after use. Clothes are to be removed from dryers as soon as they are dry. Dyeing may not be done in the washers. The laundry is to be left in a clean, neat and orderly condition. Pet laundry may not be done in the washers.
D. Additional rules and regulations governing the use of the laundry and its facilities are posted and are incorporated herein by reference.
E. Because in- home washing and drying is increasingly used in the Community, Owner may periodically assess the economic viability and practicality of maintaining the laundry rooms, and should conditions warrant, Owner may close one or
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;
;
more laundry rooms permanently and reuse the land for higher and better purposes, and reduce, replace or eliminate excess machinery and buildings.
17. PARKING.
A. Only "permitted vehicles," up to a total of (two) 2, may be parked on Resident's Homesite, and all of Resident's vehicles defined as "other vehicles" or in excess of (two) 2, in number must be parked outside of the Community . The parking of more than (two) 2, vehicles requires special written permission of Community Management. No vehicle parked in Resident's driveway may extend beyond the front of the Resident's mobilehome or encroach on a fire lane.
(1) "Permitted vehicles" specifically include sports cars, coupes, sedans, ...- vans, station wagons, pickup trucks under one (1) ton, or sport utility vehicles. 'Nof included as permitted vehicles are "other vehicles" such as campers, buses, trucks and other commercial vehicles of every kind and description, boats, trailers (except the mobilehome occupied by Resident), "RVs," dune buggies, motor scooters, minibikes, mopeds and other two and three wheeled motorized or self-propelled transportation devices.
(2) A pickup truck or van may not, without Community Management's consent, be substituted for one of the two permitted vehicles if it is equipped with exterior racks, storage containers or compartments or other similar devices or contains tools or equipment which are mounted on the outside of the vehicle or are otherwise visible from the street or adjacent mobilehomes.
(3) Notwithstanding anything contained herein to the contrary, one (1) motorcycle may be parked on Resident's Homesite if used by Resident on a daily basis.
The permission to park a motorcycle does not relieve Resident of the obligation to abide by all other rules and regulations relating to motorcycles.
B. Parking is permitted only in designated areas. Unless otherwise posted or permitted by these Rules and Regulations, no parking, including the parking of recreational vehicles, is permitted on the streets of the Park, except for the purpose of loading and unloading and only during the hours from 7:00 a.m. to 9:00 p.m. Resident is required to use Emergency Flashers when loading or unloading from the streets. Vehicles belonging to repairmen, delivery persons, health care personnel or Park employees may be parked for longer periods of time on the street immediately adjoining the Homesite where repairs are being performed or where services are being provided. Someone with a key to the vehicle must be available at all times. All of the above must use safety markers or orange cones when parked in the streets.
C. Vehicles parked on Resident's Homesite may only be parked in the designated driveway, and not on the landscaped or other areas of the Homesite. Parking is not permitted on vacant homesites. All vehicles must be parked on the right side of the PO 00082
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mobilehome and parallel to the structure. Parking on the left side of the mobilehome is prohibited. All access to the driveway must be from the front of the driveway , and not from the sides or back of the driveway.
D. Guests may only park in designated guest parking spaces or on the host Resident's Homesite. Because of the limited parking facilities, traffic congestion, and noise, Community Management reserves the right to restrict the number of guests bringing vehicles into the Community.
E. Resident may use the guest parking if the Resident is using the recreational facilities. Otherwise, Resident may not park in spaces designated for guests without Community Management's approval.
F. Any vehicle parked in violation of these Rules and Regulations or in violation of signs posted throughout the Community may be towed from the Community at the expense of the vehicle's owner.
G. Sleeping in vehicles is prohibited.
H. No vehicle may be "stored" on the Homesite. "Storage" shall include, but not be limited to, the parking of an inoperative vehicle for a period exceeding two (2) weeks, the parking of an operative vehicle that is not used for a period exceeding four (4) weeks or the parking of more than one vehicle for the purpose of selling those vehicles as part of a commercial activity. However, Residents may leave their vehicle in their parking space when on vacation.
I. No permanent parking of trailers, trucks larger than one (1) ton or boats is permitted in the driveways. Permanent parking shall include, but not be limited to, parking for a period exceeding 24- hours or parking on the Homesite or street more than five (5) times in any one month, except for short periods (1 hour) for loading and unloading.
J. A limited number of parking spaces are available for travel trailers, boats, campers, trucks and extra cars on a first come first serve basis. By providing such spaces to the Residents, Community Management is providing a service, but is not under any obligation to provide such a service. Therefore, Community Management may impose an additional fee for the storage of any vehicle, boat or trailer.
18. MOTOR VEHICLES AND BICYCLES.
A. No vehicle leaking oil or any other substances or fluids shall be allowed in the Community. Vehicles dripping gasoline, oil, or other fluids or substances must be kept out of the Park until repaired in order to maintain safety, prevent damage to the pavement and eliminate environmental hazards. The Homesite driveway must be kept free of oil or gasoline spills at all times. All spills, and leaks of any nature are the responsibility of the Resident and must be cleaned, and all residue appropriately dispose
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of out of the Community. In the event Resident fails to clean the area appropriately, then Park Management, in its discretion, may elect to do so and bill Homeowner for the cost thereof, as allowed by Mobilehome Residency Law.
B. No maintenance, repair or other work of any kind on any vehicle, boat or trailer (other than the mobilehome Resident resides in) may be done on the Homesite without Community Management's consent. This includes, but is not limited to, the changing of oil.
C. In order to conserve water, vehicles may not be washed in the driveway or carport area of Resident's Homesite. Residents only may use the Community's car wash area.
D. For the safety of Community Residents and their guests, no vehicle may be driven in an unsafe manner. All traffic signs must be obeyed.
E. Pedestrians, electric carts and bicycles shall be given the right-of-way.
F. No vehicle may be operated in the Community by any person who is not properly licensed. All vehicles operated within the Community must be registered and licensed for street usage.
G. Excessively noisy vehicles are not permitted in the Community.
H. Motorcycles, motor scooters, minibikes, mopeds or other two and three wheel motorized vehicles entering or leaving the Community must be driven by the most direct route between the Community's entrance and Resident's home and may not otherwise be driven on any other street in the Community . All such vehicles shall be equipped with mufflers or other necessary noise suppressing devices. Furthermore, all such vehicles shall be licensed street legal and driven by a licensed driver only.
I. Bicycles may only be driven on the roadways and not on sidewalks, grass, vacant homesites or any other paved area. Bicycles must obey the same traffic regulations as cars.
J. If driven at night or at dusk, bicycles must be equipped with a light on the front and a reflector in the rear.
K. Skateboard riding and roller skating are not permitted in the Community.
L. Vehicles are not permitted in the Community unless they are regularly maintained in normal operating condition and are neat and clec:1n in appearance. This includes, but is not limited to, vehicles whose exterior appearance has deteriorated to a point where they are unsightly and detract from the appearance of the Community, or vehicles which contain unsightly loads that are visible to other persons.
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M. Battery powered/electric golf carts are permitted provided the operator holds a valid California driver's license and demonstrates proof of liability insurance for that off -road vehicle. Gas powered golf carts are not permitted to be driven in the Community.
19. CONDUCT.
A Actions by any person of any nature which may be dangerous or may create a health and safety problem or disturb others are not permitted. This includes, but is not limited to, any unusual, disturbing or excessive noise, intoxication, quarreling, threatening, fighting, immoral or illegal conduct, profanity, or rude, boisterous, objectionable or abusive language or conduct. The use or display of any weapon, including, but not limited to, a bow and arrow, BB guns, knives, fireworks and guns, is expressly forbidden. Persons under the influence of alcohol or any other substance shall not be permitted in any area of the Community which is generally open to Residents and their guests. Residents and their Guests shall not interfere with the operations of the Community or the employees of the Community. Resident and their guest shall not use profanity, or rude, boisterous, objectionable or abusive language or conduct in their interaction with Community Management.
B. Radios, televisions, record players, musical instruments and other electronic devices must be used so as not to disturb others. "Ham" or "CB" radios or other radio transmitters may not be operated in the Community.
C. Residents and their guests shall not encroach or trespass on any other Resident's Homesite or upon any area which is not open for general use by Residents and their guests. All Community property which is not for the use of Residents and their guests, including, but not limited to, gas, electric, water and sewer connections and other equipment connected with utility services and tools and equipment of Community Management, shall not be used, tampered with or interfered with in any way by Resident.
D. Residents and their guests must be quiet and orderly and shall not be allowed to do anything which might be cause for complaint. Residents must acquaint all guests and all occupants of the mobilehome with the Community's Rules and Regulations.
E. The use of baseballs, footballs, or other flying objects within the Community is prohibited.
F. Except for barbecues approved for use by Community Management o..r. fireplaces and other appliances installed in Resident's mobilehome, no fires are permitted.
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G. The violation of any law or ordinance of the city, county, state or federal government will not be tolerated. No acts or demeanor shall be permitted which would place the Community Management in violation of any law or ordinance.
H. Resident is responsible for the actions and conduct of all other occupants or Residents of Resident's mobilehome and for the actions and conduct of Resident's guests and invitees. Such responsibility shall include, but not be limited to, financial responsibility for any breakage, destruction, or vandalism of the Community's recreational facilities and common areas.
I. The mobilehome and Homesite shall be used only for private residential purposes and no business or commercial activity of any nature shall be conducted thereon. This prohibition applies to any commercial or business activity, including, but not limited to, the following:
(1) Any activity requiring the issuance of a business license or permit by any governmental agency.
(2) The leasing, subleasing, sale or exchange of mobilehomes. (3) Customers of yours coming into the Park on a frequent basis so that traffic or parking problems are created;
(4) Any activity that involves the operation of noisy equipment or results in quantities of materials used in the business being outside the Mobilehome or storage shed;
(5) The law or one of our other rules and regulations or conditions of tenancy being violated;
(6) The Mobilehome may not be modified in any way that creates a multi- family units or anything other than a single family dwelling; and (7) All proposed business activity must be approved in writing and in advance by Community Management and the Community may, in its sole discretion, refuse permission.
J. Drones are not allowed to be flown in the Park under any circumstances.
20. PETS.
A. Special permission to keep a house pet in the Community must be obtained from Community Management. A house pet is defined as a pet that spends its primary existence within the mobilehome. Community Management reserves the right to deny a PO 00086
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Resident a pet if a proposed pet would pose a threat to the health and safety of Residents of the Community. No more than two (2) allowed per mobilehome. (1) The types of pet permitted are: a domesticated bird, cat, dog, or aquatic animal kept within an aquarium. Only medium- sized cats or dogs (which, at maturity, do not exceed eighteen inches (18") in height when measured at the shoulders in a standing position [or] which do not exceed forty (40) pounds in weight) are permitted.
All dogs must be presented to the Community Management for approval. Guide dogs, signal dogs, and other service dogs as defined by Civil Code § 54.1 are exempt from the size limitation otherwise applicable to dogs. Pit Bulls, Chow Chows, Rottweilers, Doberman Pinschers and other aggressive breeds are expressly prohibited. (2) Non-house pets (including farm animals) are prohibited under any circumstances. Strange and exotic pets are not permitted. (3) After moving into the Community, a pet may not be acquired without written permission from the Community Management. Prior to moving into the Community, Community Management must approve all pets before application for tenancy is approved.
(4) If a pet is lost or dies, written permission to acquire a new pet must be obtained from Community Management.
(5) If any of the rules regarding pets is violated, and such violation is noted by Community Management or a valid complaint is made by another Resident, the Resident owner of the pet will receive an official notice in writing stating that the right to keep a pet within the Community is terminated.
B. The following rules must be strictly followed by all pet owners:
(1) Each pet must be licensed and inoculated in accordance with local law. Evidence of licensing and inoculation shall be submitted to Community Management within seven (7) days of receipt of written request for such information. (2) Pets must be on a leash not to exceed 6 feet when not inside the mobilehome. Retractable leashes are prohibited to be used inside the Community. (3) Any pet running loose in the Community will be taken to Animal Control. Recurring violations of this rule will lead to the loss of the privilege to maintain a pet.
(4) Other than guide dogs, signal dogs and other service dogs .as defined by Civil Code § 54.1, pets will not be allowed in the clubhouse or any recreational area at any time.
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(5) Pets will not be allowed to cause any disturbance which might annoy neighbors, including, but not limited to, barking, growling, biting or any other unusual noises or damage. Under no condition is a pet to invade the privacy of anyone's homesite, flower beds, shrubs, etc. Pet owners are responsible at all times for their pets, including injury, destruction, and annoyances to other Residents, and the Community and Community Management shall not be liable for any loss, damage or injury of any kind whatsoever caused by Resident's pet.
(6) No exterior pet housing is permitted in the Community. This includes, but is not limited to, any type of confining barricade or structure. (7) Guests are not permitted to bring any pet into the Community, other than guide dogs, signal dogs, and other service dogs as defined by Civil Code § 54.1. (8) Feeding of stray cats and other animals is prohibited. (9) The tying up of pets outside the mobilehome and leaving them unattended is prohibited.
(10) Pets are permitted to be walked in the Community and should be taken off the premises when exercising. If Resident's pet is allowed to exercise in Resident's yard or elsewhere in the Community, then regardless of the area, all excrement must be picked up, wrapped in paper and placed in the trash immediately. (11) Community Management encourages pets to be spayed or neutered.
However, in the event of offspring, Community Management must be immediately notified and written permission of Community Management must be obtained for the offspring to stay in the Community for a temporary period not to exceed eight (8) weeks. (12) The conduct rules set in these "pet" rules apply to all service and guide dogs as well.
(13) Any dogs or other pets prohibited by these rules which were in the Park prior to these rules becoming effective are "grandfathered- in" and need not be removed from the Park. However, if such pet or animal dies, then Resident must comply with these Pet Rules before obtaining a new pet or animal.
21. ZONING AND CONDITIONAL USE PERMIT INFORMATION.
A. The nature of the zoning under which the Community operates is as follows:
Manufactured Housing
B. The Community is not operating pursuant to a conditional use permit which has an expiration date.
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C. The duration of any agreement of the Community or any portion thereof in which the Community is a Lessee is as follows: The Community is not subject to any underlying ground lease.
D. If a change occurs concerning the zoning permit under which the Community operates or an agreement in which the Community is a Lessee, all Residents shall be given written notice within thirty (30) days of such change.
22. RENTING, SUBLETTING OR ASSIGNMENT.
Resident shall not sublease, rent or assign Resident's mobilehome, the Homesite or any rights or interest that Resident may have under Resident's rental agreement, except as permitted by the Mobilehome Residency Law and other applicable law. In such circumstances, the prior approval of Community Management will still be required. If subleasing is required, then Community may place such restrictions upon subletting as are permitted by law, may increase the rent charged to Homeowner as permitted by law, and may amend these Rules and Regulations to include provisions regarding subletting.
23. FIXTURES.
Resident is exclusively responsible for the maintenance of all accessory equipment, structures or other improvements (hereinafter "fixtures") permanently attached to Resident's mobilehome or embedded in the ground at Resident's Homesite whether installed by Resident or pre-existing as of the date of commencement of Resident's tenancy. Resident shall insure that such fixtures are kept in a safe condition and comply with these Rules and Regulations, and Resident shall prevent the deterioration of any fixture and shall be liable for any damage caused by Resident's lack of proper maintenance respecting such fixtures.
A. Upon the sale of Resident's mobilehome, Community Management may require the repair or improvement of the exterior of the mobilehome and/or its accessory equipment and structures to comply with local ordinances or state statutes of regulations, or to comply with the then current Rules and Regulations that implements or enforces local or state ordinances, statutes or regulations relating to mobilehomes. Within ten (10) days of receipt of a written request, Community Management will provide a written summary of required repairs and/or improvements.
B. All landscaping and structures or other improvements permanently attached to or embedded in the ground shall become a part of the realty upon their installation and belong to Owner. Upon Resident vacating the Homesite, such improvements shall remain upon and be surrendered with the Homesite. Community Management may, however, at its sole option, permit or require Resident to remove, at Resident's own expense, said improvements. Resident shall repair any damage to the Homesite caused by the removal, including, but not limited to, the filling in and leveling of holes or
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depressions and shall leave the Homesite in a neat and uncluttered condition with the Community's original engineered grade intact.
C. In addition, Resident shall comply with the following requirements before removing any Home from the Park:
(1) Provide the Community with the name and contact information for the mover of the Home.
(2) Require and provide to Community, the mover to be licensed, bonded and have the required limits of insurance coverage. Insurance requirements as follows:
(a) $1,000,000.00 property and liability insurance;
(b) Worker's Compensation Insurance;
(c) Community and Owner must be added as an additionally insured party;
(d) Community must be provided with a certificate of insurance evidencing the insurance requirements above.
(3) Provide the Community with at least three (3) days' advanced written notice of the date of removal of Home.
24. INSURANCE.
Owner does not carry public liability or property damage insurance to compensate Resident, Resident's Guests, or any other persons from any loss, damage, or injury except those resulting from actions where Owner or Community Management would be legally liable for such loss, damage or injury . Resident is responsible for obtaining, at Resident's own cost, extended coverage for homeowners, fire and other casualty insurance on the mobilehome, other improvements and contents to the full insurable value and such other insurance as is necessary to protect Resident, Resident's invitees or others from loss or liability, and Resident hereby agrees to indemnify and hold harmless Owner and Community Management from any liability therefor. Resident shall provide to Community Management, on seven (7) days' written notice, proof of Resident's homeowner insurance policy (or policies) on Resident's mobilehome (replacement cost) and Homesite (including debris removal up to $20,000.00). Prior to approval of any application for pets, subleasing (if permitted) and installation of improvements to Resident's Homesite, mobilehome, or its accessory equipment and structures, Resident will be required to provide to Community Management written proof of liability and homeowner insurance and will be required to make Community Owner, Community Management and Community as additional insureds under such policy (or policies).
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25. OCCUPANCY QUESTIONNAIRE.
Resident shall complete, sign and provide to Community Management, on three (3) days' written notice, an "Occupancy Questionnaire." Such executed Occupancy Questionnaire shall contain the following:
A. The names of all occupants of the Homesite;
B. Nature of occupancy for each individual named pursuant to subparagraph above, i.e., EXTRA PERSON, RESIDENT, shared tenancy under California Civil Code § 798.34(b), or family member;
C. The legal owner and registered owner of the mobilehome; D. Names and addresses of all lienholders of the mobilehome; E. A copy of the registration card or certificate of title issued by the Department of Housing and Community Development or other government agency for the mobilehome occupying the Homesite.
F. Proof of Resident's insurance policy (or policies) on Resident's mobilehome and that Community Owner and Community are additional insureds under such policy (or policies) with the required coverage noted above.
26. SOLICITATION.
The distribution of throw-away newspapers or handbills, door-to-door selling, and door-to-door solicitation are not permitted without Community Management's consent. All salespeople must make individual appointments with the Resident concerned or interested.
27. COMMUNITY OFFICE AND COMPLAINTS.
Except in an emergency, please do not telephone or contact Community Management after normal business hours. The Community's office phone is for business and emergency use only.
A. Except for emergencies, all complaints must be in writing and signed by the person making the complaint.
B. All Community business is conducted during posted office hours.
C. Resident shall not request maintenance personnel to perform jobs for Resident, nor shall Resident give instructions to maintenance personnel. All repair or maintenance requests shall be submitted in writing to Community Management.
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28. REVISIONS OF RULES AND SEVERABILITY.
A. Community Management reserves the right to add to, delete, amend, and revise these Rules and Regulations from time to time, as well as additional rules and regulations and hours posted in and about the recreational facilities, as provided in Section 798.25 of the California Civil Code.
B. If any provision of these Rules and Regulations or any document referred to in these Rules and Regulations shall, to any extent, be held invalid or unenforceable, the remainder of these Rules and Regulations shall not be affected thereby, and each provision of these Rules and Regulations or the other document shall be valid and be enforced to the fullest extent permitted by law.
29. APPROVAL OF PURCHASER AND SUBSEQUENT HOMEOWNERS.
Prior approval of Community Management must be obtained if the prospective purchaser of the mobilehome intends for the mobilehome to remain in the Community.
Among other requirements, any purchaser must do the following before occupying the mobilehome: (a) complete an application for tenancy (which may include a fee for obtaining a financial report or credit rating); (b) be accepted by the Owner; (c) execute a new rental agreement or other agreements for the occupancy of the Homesite; and
(d) execute and deliver to the Owner a copy of the Community's then effective Rules and Regulations and other residency documents. A list of the other requirements for approval of purchasers of mobilehomes to remain in the Community, as allowed under the Mobilehome Residency Law, can be obtained from Community Management upon request. In addition, see the requirements under Paragraph 30 of these Rules and Regulations, which are incorporated herein by this reference.
In addition, the following Community Escrow Requirements must be met by the seller and buyer of any mobilehome to remain in the Community:
A. All transfers of mobilehomes to remain in the Community must go through an escrow with an escrow company pre-approved by the Management; B. Any and all appropriate transfer documentation must be completed, submitted, approved and returned by the Department of Housing and Community Development and deposited into escrow;
C. All Community approvals for purchaser must be received and previously deposited into escrow, including without limitation, a fully executed Rental Agreement; D. Title to the mobilehome must have transferred into the name of the purchaser/prospective Homeowner; and
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E. Escrow must have closed on the mobilehome prior to the purchaser/prospective Homeowner moving into the mobilehome.
30. APPROVAL OF PURCHASER AND SUBSEQUENT HOMEOWNERS AFTER SERVICE OF SIXTY (60) DAY NOTICE TO TERMINATE POSSESSION UNDER CIVIL CODE § 798.55.
A Upon the service of a sixty (60) day notice to terminate possession ("Sixty Day Notice") under Civil Code § 798.55, Homeowner may move or sell Homeowner's mobilehome before the expiration of the Sixty Day Notice period.
B. After the expiration of such Sixty Day Notice period, and the mobilehome has neither been sold nor moved, the mobilehome may not remain at its present location· and must be removed.
C. If Homeowner chooses to sell the mobilehome before the expiration of the Sixty Day Notice period and have the mobilehome remain in the Community, Homeowner must pay all past due rent and utilities upon the sale of the mobilehome as provided by Civil Code§§ 798.55 (b) (1) and (2). In addition, on or before the expiration of the Sixty Day Notice period and before a purchaser may occupy the mobilehome, Homeowner is responsible for the completion of all of the following:
(1) Purchaser must complete an application for tenancy (which may include a fee for obtaining a financial report or credit rating); (2) Purchaser must be accepted as a tenant by the Owner; (3) Purchaser must execute a new rental agreement or other agreements for the occupancy of the Homesite as required by Community requirements; (4) Purchaser must execute and deliver to the Owner a copy of the Community's then effective Community Rules and Regulations and other residency documents;
4_ .....
(5) IF THE PURCHASER FAILS TO EXECUTE A RENTAL
AGREEMENT OR AN ASSIGNMENT OF THIS AGREEMENT, SUCH PURCHASER SHALL HAVE NO RIGHTS OF TENANCY. The rental agreement, Rules and Regulations and other residency documents signed by the prospective purchaser may be different in their terms and provisions than this Agreement, the Rules and Regulations, and other residency documents now in effect;
(6) AnY,._.§1.[!d c:!_11 appropriate transfer documentation completed, submitted, approved and returned by the Department of Housing and Community Development and deposited into escrow;
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(7) All Community approvals for purchaser must be received and deposited into escrow, including without limitation, a fully executed Rental Agreement;
(8)
purchaser; and
Title to the mobilehome must have transferred into the name of the
(9) Escrow must have closed on the mobilehome prior to the purchaser/prospective Homeowner moving into the mobilehome.
D. Notwithstanding anything contained herein to the contrary, Owner may, in order to upgrade the quality of the Community, require the removal of the mobilehome from the Homesite upon its sale to a third party, in accordance with the provisions of the Mobilehome Residency Law and other applicable law. Any rights granted either party by .. _ the Mobilehome Residency Law and by other applicable law may be enforced by either party at that party's option.
E. Notwithstanding anything contained herein to the contrary, upon the sale or transfer of Resident's mobilehome, if the mobilehome is to remain in the Community, Resident shall make all repairs or improvements to Resident's mobilehome, to its appurtenances, or to accessory structures as may be required by Owner, pursuant to California Civil Code§ 798.73.5, as amended. Resident shall submit to Owner a request for a written summary of repairs or improvements that Owner requires to the mobilehome, its appurtenances or an accessory structure that is not owned and installed by Owner, pursuant to Civil Code§ 798.73.5(b).
31. LOT LINES AND LOT LINE MARKERS.
The lot lines originally established at the time the Park was built will be the lot lines used for all purposes regarding the present and future installation of Mobilehomes and all other accessory structures, equipment and other improvements to the Space. The only exception will be where the originally established lot lines were subsequently changed by us or someone else who owned the Park with the intention of deliberately altering such lot lines and, in those cases, the subsequently changed lot lines will remain in effect.
Community reserves the right to modify any lot lines at any time provided that such modification does not violate any applicable law. If Resident or any prior resident of the Space or any adjoining space has installed landscaping or other improvements that encroach across any lot line and by those actions has established, over an extended period of time (in Community's opinion), that the area encroached on belonged to and is allowed to be used by that Resident, then Resident.pr residents of any adjoining homesite
""· may be permitted to continue to use the area encroached upon. This use of the encroached-upon area will not, however, affect the location of the lot line markers.
Resident shall maintain his or her lot line markers as they currently exist. Resident is prohibited from altering, modifying or changing the existing lot lines and lot line markers.
Resident agrees to indemnify and hold harmless the Community and its agents, employees, representatives, assigns and successors, against any loss, cost, damage, PO 00094
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expense (including attorneys' fees and expert fees) or other liability incurred or imposed by reason of any damages caused the Community by Resident altering, modifying or changing the existing lot lines and/or altering, modifying, removing, destroying or changing lot line markers.
32. PARAGRAPH HEADINGS.
The headings and titles of the paragraphs within these Rules and Regulations are included for purposes of convenience only and shall not affect the construction or interpretation of any of the provisions of said Rules and Regulations.
READ AND ACCEPTED:
RESIDENT
Date:
Signature
Printed name
RESIDENT
Date:
Signature
Printed name
RESIDENT
Date:
Homesite No.
Signature
Printed name
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TABLE OF CONTENTS
Page
1. INTRODUCTION ................................................................................................ 1
2. COMMUNITY STATUS ..................................................................................... 1
3. DEFINITIONS .................................................................................................... 1
4. COMPLIANCE WITH LAW AND RULES AND REGULATIONS ..................... 3
5. COMMUNITY PERSONNEL. ............................................................................ 4
6. GUESTS ............................................................................................................ 4
7. MOBILEHOME OCCUPANCY .......................................................................... 5
8. MOBILEHOME STANDARDS ........................................................................... 5 A. Mobilehomes ........................................................................................... 5 B. Mobilehome Sizes .................................................................................. 5 C. Mobilehome Occupancy ......................................................................... 5 D. Accessory Equipment and Structures ................................................... 6 E. Standards for Incoming Mobilehomes and for New Construction and Installation of Accessory Equipment and Structures ................................ 7 (2) Sewer System ................................................................................ 7 (3) Air Conditioners .............................................................................. 7 (4) Porches and Patios ........................................................................ 8 (5) Sunshades, Windscreens and Privacy Screens ........................... 8 (6) Window Treatments ........................................................................ 8 (7) Siding .............................................................................................. 8 (8) Carports .......................................................................................... 9 (10) Skirting ......................................................................................... Error! Bookmark not defined.
(11) Facias and Flashing ..................................................................... 9 (12) Roofing ......................................................................................... 9 (13) Rain Gutters ................................................................................. 9 (14) Earthquake Bracing ...................................................................... 9 (15) Exterior Storage Building ............................................................. 9 (16) Exterior Appliances ......................................................................... 9 (17) Fences .......................................................................................... 9 (20) Flagpoles ...................................................................................... 12 (21) Spas .............................................................................................. 12 38905.001/4813-6413-1457v.1 Name of Park
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(22) Water Softeners ........................................................................ 12 F. Special Standards .............................................................................. 12 G. Work Done By Contractors ................................................................. 12 H. Non-Responsibility of Community ...................................................... 12
9. LANDSCAPING ............................................................................................ 12
10. GENERAL MAINTENANCE OF HOMESITE ................................................ 16 A. Storage ............................................................................................... 16 B. Maintenance and Appearance of Homesite ....................................... 16 (1) Exterior Painting ......................................................................... 16 (2) Concrete ..................................................................................... 17 (3) Driveway and Street Area ........................................................... 17 Street Area ......................................................................................... 17 (4) Damage ...................................................................................... 17 C. Hazardous Substances ...................................................................... 17 D. Utility Pedestals .................................................................................. 18 E. Licenses and Fees ............................................................................. 18 F. Exterior Lighting ................................................................................. 18 G. Mailboxes ........................................................................................... 18 H. Garbage and Trash Disposal. ............................................................ 19 I. Prohibition against Waste, Nuisance and Unreasonable Annoyance 19
11. ADVERTISEMENTS ..................................................................................... 19
12. ENTRY UPON RESIDENT'S HOMESITE..................................................... 20
13. RECREATIONAL FACILITIES ...................................................................... 20
14. SWIMMING POOL RULES ........................................................................... 22
15. REST ROOM AND SHOWER FACILITIES ................................................... 23
16. LAUNDRY FACILITIES ................................................................................. 23
17. PARKING ...................................................................................................... 24
18. MOTOR VEHICLES AND BICYCLES ........................................................... 25
19. CONDUCT .................................................................................................... 27
20. PETS ............................................................................................................. 28
21. ZONING AND CONDITIONAL USE PERMIT INFORMATION ..................... 30
22. RENTING, SUBLETTING OR ASSIGNMENT............................................... 31
23. FIXTURES .................................................................................................... 31 38905.001/4813-6413-1457v.1 Name of Park
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24. INSURANCE ................................................................................................. 32
26. SOLICITATION ............................................................................................. 33
27. COMMUNITY OFFICE AND COMPLAINTS ................................................. 33
28. REVISIONS OF RULES AND SEVERABILITY ............................................ 34
29. APPROVAL OF PURCHASER AND SUBSEQUENT HOMEOWNERS ....... 34
30. APPROVAL OF PURCHASER AND SUBSEQUENT HOMEOWNERS AFTER SERVICE OF SIXTY (60) DAY NOTICE TO TERMINATE POSSESSION UNDER CIVIL CODE § 798.55 ....................................................................................................... 35
31. LOT LINES AND LOT LINE MARKERS ....................................................... 36
32. PARAGRAPH HEADINGS ............................................................................ 37
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12625 HIGH BLUFF DRIVE SUITE 310 SAN DIEGO, CA 92130 PH (858) 481-3081 FAX (858) 481-2674
March 03, 2026
City of San Marcos
1 Civic Center Drive
San Marcos, CA 92026
Re: Declaration of Submission
Regarding the rent increase submission to the City of San Marcos on March 03, 2026:
"I George Gregory declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and if called upon to testify as a witness I can and will do so competently to the same effect."
George Gregory 03-03-2026 ___________________________________ _________ Springdale Owner Representative Date
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Fidelity National Title Insurance Company
4400 MacArthur Blvd, Suite 200
Newport Beach, CA 92660
Phone: (949)622-5000 Fax: (866)935-6314
Buyer's Final Settlement Statement
Closing Date: April 29, 2025
Order Number: FBDO-2501671
Escrow Officer: Nathan Thompson
Buyer: R. Bruce Kleege and Brenda F. Kleege
Seller: Springdale MHC Owner LLC and BREIT TH MHC Highroads TRS Holdings LLC (solely as to Coach Homes Proceeds as listed below under Miscellaneous Charges) Lender:
Property: 2907 South Santa Fe Avenue
San Marcos, CA 92069
Buyer
Debit Credit
Total Consideration
Purchase Price 9,250,000.00
Deposit: ROBERT BRUCE KLEEGE 500,000.00
Deposit: MSL FBO Robert Bruce Kleege 7,421,607.84
Deposit: Encinitas Coast LLC 1,500,000.00
Prorations / Adjustments
April Rent 5,158.98
RUBS 21,726.00
Expenses 16,861.72
Property Taxes 27,332.66
Security Deposit 6,453.03
Prepaid Rent 22.09
Title / Settlement Charges
Loan Policy Binder to Fidelity National Title 3,309.00
Recording and Service Fees to Fidelity National Title 500.00 Recording Service Fee to Fidelity National Title 45.00
Escrow Settlement Fee to Fidelity National Title Insurance Company 750.00 Commissions
Selling Agent Commission to Avine Real Estate 138,750.00 Subtotals 9,442,412.66 9,450,103.66
Balance Due TO Buyer 7,691.00
Totals 9,450,103.66 9,450,103.66
Printed on 4/29/2025 1:01:44 PM FBDO-2501671
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Period to Date % Year to Date %
INCOME
RENT & OTHER INCOME
Prepaid Income 173,270.31 23.62 173,270.31 23.62
Residential Rent 448,823.65 61.19 448,823.65 61.19
Storage Rent 800.00 0.11 800.00 0.11
Other Income 408.44 0.06 408.44 0.06
Community Fee Income 730.00 0.10 730.00 0.10
Parking Income 3,700.00 0.50 3,700.00 0.50
TOTAL RENT & OTHER INCOME 627,732.40 85.59 627,732.40 85.59
RECOVERIES
Gas Recovery 7,983.72 1.09 7,983.72 1.09
Trash Recovery 17,028.64 2.32 17,028.64 2.32
Trash Recovery - Prior Year 30.73 0.00 30.73 0.00
Water Recovery 17,683.12 2.41 17,683.12 2.41
Sewer Recovery 18,445.13 2.51 18,445.13 2.51
Electricity Recovery 44,528.77 6.07 44,528.77 6.07
NSF Fee Reimbursements 25.00 0.00 25.00 0.00
TOTAL RECOVERIES 105,725.11 14.41 105,725.11 14.41
TOTAL INCOME 733,457.51 100.00 733,457.51 100.00
OPERATING EXPENSE
RECOVERABLE EXPENSE
TAXES & INSURANCE
Real Property Tax (Secured) 87,572.92 11.94 87,572.92 11.94 Umbrella Insurance 17,247.98 2.35 17,247.98 2.35
Springdale Estates MHP (spring)
Cash Flow Statement
Period = Jan 2025-Dec 2025
Book = Cash ; Tree = ysi_cf
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Period to Date % Year to Date %
Springdale Estates MHP (spring)
Cash Flow Statement
Period = Jan 2025-Dec 2025
Book = Cash ; Tree = ysi_cf
TOTAL TAXES & INSURANCE 104,820.90 14.29 104,820.90 14.29
UTILITIES
Electricity 143,707.76 19.59 143,707.76 19.59
Electricity - Climate & Gen. Credit/CARE, FERA Discount -77,704.08 -10.59 -77,704.08 -10.59 Gas 27,127.94 3.70 27,127.94 3.70
Gas - Climate Credit/CARE Discount/Other -11,792.31 -1.61 -11,792.31 -1.61 Water 33,579.77 4.58 33,579.77 4.58
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Period to Date % Year to Date %
Springdale Estates MHP (spring)
Cash Flow Statement
Period = Jan 2025-Dec 2025
Book = Cash ; Tree = ysi_cf
Trash Removal Contract 24,266.02 3.31 24,266.02 3.31
TOTAL UTILITIES 139,185.10 18.98 139,185.10 18.98
CLEANING SERVICE
Cleaning Supplies 118.49 0.02 118.49 0.02
TOTAL CLEANING SERVICES 118.49 0.02 118.49 0.02
LANDSCAPE/PARKING LOT
Landscape R&M 975.00 0.13 975.00 0.13
Landscape Supplies 635.74 0.09 635.74 0.09
TOTAL LANDSCAPE/PARKING LOT 1,610.74 0.22 1,610.74 0.22
HVAC MAINTENANCE
HVAC R&M 1,978.00 0.27 1,978.00 0.27
TOTAL HVAC MAINTENANCE 1,978.00 0.27 1,978.00 0.27
OTHER R&M/SUPPLIES
Building R&M 585.00 0.08 585.00 0.08
Electrical R&M 601.00 0.08 601.00 0.08
Maintenance Other 6,696.00 0.91 6,696.00 0.91
Maintenance Supplies 414.11 0.06 414.11 0.06
Meter Repairs/Replacements -101.64 -0.01 -101.64 -0.01
Other Interior R&M 950.00 0.13 950.00 0.13
Permit & Inspection Fees 622.00 0.08 622.00 0.08
Plumbing R&M 798.00 0.11 798.00 0.11
Pool - Contract (Monthly) 3,192.00 0.44 3,192.00 0.44
Pool Maintenance & Supplies 2,949.92 0.40 2,949.92 0.40 Repair & Maintenance 144.00 0.02 144.00 0.02
TOTAL OTHER R&M/SUPPLIES 16,850.39 2.30 16,850.39 2.30
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Period to Date % Year to Date %
Springdale Estates MHP (spring)
Cash Flow Statement
Period = Jan 2025-Dec 2025
Book = Cash ; Tree = ysi_cf
PAYROLL EXPENSE
Maintenance 14,345.75 1.96 14,345.75 1.96
Manager Salary 11,740.90 1.60 11,740.90 1.60
Cleaning/Janitorial/Housekeeping 9,256.50 1.26 9,256.50 1.26 TOTAL PAYROLL EXPENSE 35,343.15 4.82 35,343.15 4.82
BENEFITS/PAYROLL OTHER
Payroll Tax Expense 3,311.58 0.45 3,311.58 0.45
TOTAL BENEFITS/PAYROLL OTHER 3,311.58 0.45 3,311.58 0.45
PROPERTY MANAGEMENT
Property Management Fees 11,755.04 1.60 11,755.04 1.60
TOTAL PROPERTY MANAGEMENT 11,755.04 1.60 11,755.04 1.60
OTHER EXPENSES
Billing Service Fee 3,711.25 0.51 3,711.25 0.51
Credit Check Fees 46.74 0.01 46.74 0.01
TOTAL OTHER EXPENSES 3,757.99 0.51 3,757.99 0.51
TOTAL RECOVERABLE EXPENSES 318,731.38 43.46 318,731.38 43.46
NONRECOVERABLE EXPENSES
Major Expense - Electrical 9,466.00 1.29 9,466.00 1.29
Appliance Repairs & Replacements 2,010.77 0.27 2,010.77 0.27 Bank Fees 30.00 0.00 30.00 0.00
Legal & Professional Fees 2,475.00 0.34 2,475.00 0.34
Other Professional Services 2,750.00 0.37 2,750.00 0.37 Office Expense 1,282.72 0.17 1,282.72 0.17
Telephone/Internet/Fax 1,121.17 0.15 1,121.17 0.15
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Period to Date % Year to Date %
Springdale Estates MHP (spring)
Cash Flow Statement
Period = Jan 2025-Dec 2025
Book = Cash ; Tree = ysi_cf
TOTAL NONRECOVERABLE EXPENSES 19,135.66 2.61 19,135.66 2.61 TOTAL OPERATING EXPENSES 337,867.04 46.06 337,867.04 46.06 NET OPERATING INCOME/(LOSS) 395,590.47 53.94 395,590.47 53.94
NONOPERATING INCOME/(EXPENSE)
OTHER NONOPERATING INCOME/ (EXPENSE)
Business Meals & Entertainment 36.98 0.00 36.98 0.00
Tenant/Resident Relations 180.18 0.02 180.18 0.02
Re-leasing (Vacant Suite Prep) 447.11 0.06 447.11 0.06
TOTAL OTHER NONOPERATING 664.27 0.09 664.27 0.09
INTEREST EXPENSE
Bank Loan Interest 122,876.48 16.75 122,876.48 16.75
TOTAL INTEREST EXPENSE 122,876.48 16.75 122,876.48 16.75 TOTAL NONOPERATING INCOME/(EXPENSE) 123,540.75 16.84 123,540.75 16.84 NET CASH FLOW 272,049.72 37.09 272,049.72 37.09
ADJUSTMENTS
Security Deposits 7,459.40 1.02 7,459.40 1.02
TOTAL ADJUSTMENTS 7,459.40 1.02 7,459.40 1.02
CASH FLOW 279,509.12 38.11 279,509.12 38.11
Period to Date Beginning Balance Ending Balance Difference
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Period to Date % Year to Date %
Springdale Estates MHP (spring)
Cash Flow Statement
Period = Jan 2025-Dec 2025
Book = Cash ; Tree = ysi_cf
Cash - Operating (Main) 0.00 215,166.24 215,166.24
Total Cash 0.00 215,166.24 215,166.24
Year to Date Beginning Balance Ending Balance Difference Cash - Operating (Main) 0.00 215,166.24 215,166.24
Total Cash 0.00 215,166.24 215,166.24
PO 00106
146
JAN 22 FEB 22 MAR 22 MAY 22 JUL 22 AUG 22 OCT 22 NOV 22 DEC 22 92,820.00 92,820.00 92,820.00 92,820.00 92,820.00 92,820.00 90,982.08 92,820.00 92,820.00 -28,191.59 -25,945.20 ######## -27,037.20 -25,945.20 -25,059.06 -26,459.29 -25,573.15 -25,573.15 64,628.41 66,874.80 66,874.80 65,782.80 66,874.80 67,760.94 64,522.79 67,246.85 67,246.85 375.00 375.00 375.00 375.00 375.00 375.00 375.00 375.00 375.00
0.00 0.00 0.00 0.00 1,700.00 -250.00 1,100.00 550.00 325.00
0.00 0.00 0.00 25.00 0.00 25.00 0.00 0.00 0.00
0.00 0.00 1,014.38 0.00 0.00 0.00 0.00 0.00 1,039.34
0.00 0.00 0.00 0.00 0.00 0.00 1.06 0.00 0.00
375.00 375.00 1,389.38 400.00 2,075.00 150.00 1,476.06 925.00 1,739.34 7,166.20 11,067.98 8,794.59 8,337.02 8,921.98 10,975.05 12,173.15 4,225.42 8,164.22 2,149.88 2,936.55 2,651.01 2,754.90 2,813.09 2,591.95 3,010.22 2,841.11 2,973.69 2,148.83 1,876.56 1,876.56 1,898.90 1,876.56 1,809.54 1,929.48 1,929.48 1,929.48 4,322.95 7,596.79 5,504.29 3,177.60 3,125.49 2,264.92 2,092.78 2,561.70 3,440.40 3,073.56 3,110.15 3,110.15 3,146.74 3,110.15 3,000.38 3,110.15 2,996.27 3,110.15 18,861.42 26,588.03 21,936.60 19,315.16 19,847.27 20,641.84 22,315.78 14,553.98 19,617.94 -5,094.97 -7,338.97 -5,017.30 -7,269.28 -4,022.72 -4,372.04 -5,371.59 -5,278.47 17,470.52 -5,094.97 -7,338.97 -5,017.30 -7,269.28 -4,022.72 -4,372.04 -5,371.59 -5,278.47 17,470.52
0.00 0.00 0.00 -150.00 0.00 0.00 0.00 0.00 0.00
-1,316.25 -1,316.25 -1,316.25 -1,341.82 -1,341.82 -1,341.82 -1,585.54 -1,400.68 -1,400.68 -1,316.25 -1,316.25 -1,316.25 -1,491.82 -1,341.82 -1,341.82 -1,585.54 -1,400.68 -1,400.68 INCOME 77,453.61 85,182.61 83,867.23 76,736.86 83,432.53 82,838.92 81,357.50 76,046.68 104,673.97
57.15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
75.51 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
1,398.54 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
1,531.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
335.74 68.00 68.00 68.00 204.00 0.00 68.00 68.00 68.00
0.00 0.00 0.00 132.73 144.74 0.00 0.00 0.00 87.83
Profit & Loss 12 Month Recap By Period 12/20/24 10:35 AM 5 rentmanager.com - property management systems rev.12.241104 515010 Tenant Relation 68.00 0.00 68.00 1,083.74
515020 Resident Activit 0.00 0.00 0.00 365.30
51000 Total Sales & Ma 0.00 0.00 0.00 1,531.20
51500 Resident Services
510070 Digital Marketin 0.00 0.00 0.00 75.51
510100 Signage 0.00 0.00 0.00 1,398.54
EXPENSE
51000 Sales & Marketing
510020 Marketing Expe 0.00 0.00 0.00 57.15
450000 Total Credits an -1,341.82 -1,341.82 -1,341.82 -16,536.57 TOTAL 83,784.46 82,664.25 89,524.37 ##########
450040 Misc Credit/Rec 0.00 0.00 0.00 -150.00
450030 Employee Unit -1,341.82 -1,341.82 -1,341.82 -16,386.57 45000 Total Bad Debt -1,958.03 -1,980.50 -7,362.15 -37,595.50 450000 Credits and Conce
45000 Bad Debt
450010 Bad Debt Recog -1,958.03 -1,980.50 -7,362.15 -37,595.50 440050 Sewer Billing In 3,036.97 3,073.56 3,110.15 36,988.38 44000 Total Utility Incom 19,809.51 16,015.06 27,608.51 247,111.10 440030 Trash Billing Inc 1,831.88 1,854.22 1,929.48 22,890.97 440040 Gas Billing Inco 4,696.25 -242.89 2,377.14 40,917.42 440010 Electric Billing I 7,655.69 8,372.41 17,049.84 112,903.55 440020 Water Billing Inc 2,588.72 2,957.76 3,141.90 33,410.78 43000 Total Other Incom 400.00 2,063.64 1,907.11 13,275.53 44000 Utility Income
431250 Cable TV Incom 0.00 1,013.64 1,057.11 4,124.47
431310 Misc. Income 0.00 0.00 0.00 1.06
431100 Late Fee 0.00 650.00 475.00 4,550.00
431190 NSF Fees 25.00 25.00 0.00 100.00
43000 Other Income
431050 Dry Storage Sp 375.00 375.00 375.00 4,500.00
410030 Loss to Lease -25,945.20 -25,863.91 -25,945.20 -313,483.35 41000 Total Rental Inco 66,874.80 67,907.87 68,712.72 801,308.43 41000 Rental Income
410020 Market Rent 92,820.00 93,771.78 94,657.92 ########## Profit & Loss 12 Month Recap
Properties: SPRINGDALE ESTATES,TRS SPRINGDALE
Period Range: January 2022 - December 2022 (accrual basis) APR 22 JUN 22 SEP 22 TOTAL
INCOME
PO 00107
147
PO 00108
148
JAN 22 FEB 22 MAR 22 MAY 22 JUL 22 AUG 22 OCT 22 NOV 22 DEC 22 335.74 68.00 68.00 200.73 348.74 0.00 68.00 68.00 155.83 4,083.34 4,205.84 4,205.84 4,205.84 4,205.84 4,205.84 4,205.84 4,205.84 4,205.84 2,864.00 2,895.00 1,680.00 1,920.00 1,515.00 1,590.00 1,920.00 1,920.00 1,920.00 -1,231.42 1,048.92 4,089.36 763.50 763.50 763.50 680.78 530.77 530.77 1,027.47 900.37 1,116.24 570.03 463.60 465.97 497.21 484.07 487.96
33.00 86.85 212.98 309.70 47.06 43.98 31.40 28.89 33.67 330.72 331.21 331.21 342.98 383.93 384.16 384.32 391.86 392.58 657.59 420.65 575.55 345.76 315.29 533.75 590.02 577.79 581.36 7,764.70 9,888.84 12,211.18 8,457.81 7,694.22 7,987.20 8,309.57 8,139.22 8,152.18 360.00 700.00 360.00 360.00 975.00 360.00 547.40 712.91 1,783.36
35.13 0.00 0.00 78.49 244.96 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 206.36 -206.36
0.00 0.00 85.29 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 107.69 0.00 0.00 0.00 0.00 0.00 0.00
106.09 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
537.74 42.00 521.88 32.00 919.99 -204.55 0.00 614.09 0.00
0.00 0.00 2,950.00 0.00 0.00 0.00 0.00 0.00 1,055.00
0.00 0.00 0.00 126.37 113.49 76.76 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 206.36
91.00 91.00 91.00 91.00 91.00 91.00 91.00 91.00 91.00
0.00 0.00 0.00 787.61 0.00 0.00 0.00 0.00 0.00
0.00 0.00 213.26 396.52 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 40.94 0.00 0.00 0.00 0.00 0.00
0.00 228.87 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 1,174.10 0.00 0.00 0.00 0.00 0.00
0.00 0.00 71.60 0.00 0.00 0.00 0.00 0.00 0.00
0.00 195.26 0.00 0.00 0.00 0.00 0.00 117.93 0.00
1,129.96 1,257.13 4,400.72 3,087.03 2,344.44 323.21 638.40 1,742.29 2,929.36 8,846.01 12,657.45 11,422.72 8,552.77 8,498.28 11,435.68 11,682.93 9,901.62 9,878.05 3,708.77 3,450.76 4,106.98 3,193.40 4,106.84 4,750.40 4,501.28 4,869.77 4,631.03 2,094.68 2,094.68 2,094.68 539.36 2,218.28 2,053.48 2,202.24 2,148.46 2,252.71 3,513.52 9,834.53 7,226.80 3,247.97 1,910.09 1,789.94 1,021.67 1,191.11 1,415.18 18,162.98 28,037.42 24,851.18 15,533.50 16,733.49 20,029.50 19,408.12 18,110.96 18,176.97 6,090.97 1,891.50 543.70 0.00 727.50 1,872.24 122.07 -868.75 495.00
30.12 30.87 1.13 31.25 31.25 35.71 35.71 35.71 35.71
6,121.09 1,922.37 544.83 31.25 758.75 1,907.95 157.78 -833.04 530.71 56000 General & Admin
550050 Public Relations 31.25 31.25 35.71 365.67
55000 Total Legal, Reg 13,464.74 7,553.75 35.71 32,195.89 55000 Legal, Regulatory &
550020 Legal Expense 13,433.49 7,522.50 0.00 31,830.22 540050 Utilities - Gas/P 415.93 -1,452.78 958.25 31,072.21 54000 Total Utility Expe 14,918.64 13,863.55 20,886.22 228,712.53 540030 Utilities - Water 6,144.18 4,444.19 4,309.25 52,216.85 540040 Utilities - Trash 3,650.00 2,012.28 2,202.24 25,563.09 54000 Utility Expenses
540020 Utilities - Electri 4,708.53 8,859.86 13,416.48 119,860.38 530310 Other R&M 0.00 0.00 0.00 313.19
53000 Total R&M Maste 3,103.77 1,047.08 1,737.71 23,741.10 530280 Golf Carts Expe 0.00 0.00 0.00 1,174.10
530290 Painting 0.00 0.00 0.00 71.60
530265 Equipment Ren 0.00 0.00 0.00 40.94
530270 Parking & Pavin 0.00 0.00 0.00 228.87
530240 Access Gates & 0.00 0.00 0.00 787.61
530260 Tools/Equipmen 43.19 -214.42 0.00 438.55
530155 Electrical - Supp 0.00 0.00 0.00 206.36
530160 Meter Expense 91.00 91.00 91.00 1,092.00
530135 Plumbing - Sup 0.00 0.00 0.00 316.62
530150 Electrical Repai 1,893.94 0.00 0.00 1,893.94
530120 Pool Supplies 674.81 481.61 814.70 4,434.27
530130 Plumbing Repa 0.00 0.00 0.00 4,005.00
530080 Safety & Securi 0.00 0.00 0.00 107.69
530090 Cleaning Suppl 0.00 0.00 87.23 193.32
530050 Maintenance Su 0.00 0.00 0.00 0.00
530070 Landscaping Su 40.83 86.63 0.00 212.75
525020 Pool Expense 360.00 360.00 550.00 7,428.67
530020 Clubhouse R&M 0.00 242.26 194.78 795.62
52000 Total Payroll & B 8,371.74 7,640.75 6,188.94 100,806.35 53000 R&M Master
520100 Employee Insur 331.25 383.97 384.32 4,372.51
520110 Worker Comp I 349.90 336.97 593.69 5,878.32
520080 Payroll Taxes 588.27 498.43 537.68 7,637.30
520090 Payroll Process 212.98 -347.96 28.51 721.06
520050 Salaries - Maint 1,920.00 1,800.00 1,920.00 23,864.00 520070 Salaries - Bonu 763.50 763.50 -1,481.10 7,985.58 52000 Payroll & Benefits
520020 Salaries -Manag 4,205.84 4,205.84 4,205.84 50,347.58 APR 22 JUN 22 SEP 22 TOTAL
51500 Total Resident S 68.00 0.00 68.00 1,449.04
PO 00109
149
Profit & Loss 12 Month Recap By Period 12/20/24 10:35 AM 5 rentmanager.com - property management systems rev.12.241104 PO 00110
150
JAN 22 FEB 22 MAR 22 MAY 22 JUL 22 AUG 22 OCT 22 NOV 22 DEC 22
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
76.88 74.00 73.98 87.83 73.07 73.07 125.51 92.21 92.21
169.94 422.82 39.53 421.36 292.74 175.26 300.78 171.79 168.21 131.90 150.68 89.98 18.70 33.70 101.41 50.03 28.41 145.94
0.00 0.00 0.00 42.22 0.00 0.00 0.00 0.00 92.58
97.58 95.54 101.15 98.64 80.23 94.21 62.73 51.62 43.37
0.00 0.00 0.00 34.88 0.00 0.00 39.00 0.00 60.00
28.30 26.33 40.66 22.94 25.86 24.19 31.45 28.27 31.18
135.14 200.32 135.14 177.77 135.14 215.93 157.43 247.84 156.25
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
2,121.00 0.00 0.00 44.00 0.00 0.00 82.00 495.00 10.00
0.00 0.00 0.00 0.00 0.00 0.00 149.18 0.00 0.00
23.00 0.00 0.00 0.00 34.25 0.00 0.00 0.00 0.00
2,783.74 969.69 480.44 948.34 674.99 684.07 998.11 1,115.14 799.74 EXPENSE 37,829.41 42,143.45 42,556.35 28,258.66 28,554.63 30,931.93 29,579.98 28,342.57 30,744.79 39,624.20 43,039.16 41,310.88 48,478.20 54,877.90 51,906.99 51,777.52 47,704.11 73,929.18 1,215.18 1,215.18 1,215.18 1,215.18 1,271.96 1,029.78 1,164.81 1,164.81 1,164.81
0.00 0.00 0.00 0.00 577.00 0.00 0.00 0.00 0.00
1,215.18 1,215.18 1,215.18 1,215.18 1,848.96 1,029.78 1,164.81 1,164.81 1,164.81 12,808.00 12,808.00 12,808.00 12,808.00 12,808.00 12,808.00 12,808.00 13,155.60 12,877.50
0.00 0.00 0.00 0.00 0.00 19.06 0.00 0.00 0.00
12,808.00 12,808.00 12,808.00 12,808.00 12,808.00 12,827.06 12,808.00 13,155.60 12,877.50 2,476.46 2,775.64 2,666.53 2,520.19 2,623.65 2,616.34 2,556.97 2,439.75 2,616.10 2,476.46 2,775.64 2,666.53 2,520.19 2,623.65 2,616.34 2,556.97 2,439.75 2,616.10 N/C EXPENSE 16,499.64 16,798.82 16,689.71 16,543.37 17,280.61 16,473.18 16,529.78 16,760.16 16,658.41 23,124.56 26,240.34 24,621.17 31,934.83 37,597.29 35,433.81 35,247.74 30,943.95 57,270.77
0.00 0.00 0.00 0.00 7,980.00 750.00 0.00 7,728.88 0.00
4,265.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
28,567.14 2,485.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 8,500.00 0.00 1,170.00 0.00 0.00
32,832.66 2,485.00 0.00 0.00 16,480.00 750.00 1,170.00 7,728.88 0.00 -32,832.66 -2,485.00 0.00 0.00 -16,480.00 -750.00 -1,170.00 -7,728.88 0.00 Profit & Loss 12 Month Recap By Period 12/20/24 10:35 AM 5 rentmanager.com - property management systems rev.12.241104 70800 Capital Expenditure
708000 Capital Expendi -9,000.00 -4,102.92 -2,145.00 -76,694.46 705017 Plumbing 9,000.00 0.00 0.00 18,670.00
70500 Total Community 9,000.00 4,102.92 2,145.00 76,694.46 705008 Clubhouse/Leas 0.00 0.00 0.00 31,052.14
705010 Pool 0.00 4,102.92 0.00 4,102.92
705001 Landscaping Im 0.00 0.00 2,145.00 18,603.88
705004 Electrical Impro 0.00 0.00 0.00 4,265.52
NOI 26,571.51 27,228.32 42,734.47 398,948.76
N/O EXPENSE
70500 Community Capital
59000 Total Property M 2,572.28 2,539.34 2,906.59 31,309.84 TOTAL 16,595.46 23,649.71 16,879.40 207,358.25
59000 Property Managem
590010 % Management 2,572.28 2,539.34 2,906.59 31,309.84 580020 Personal Prope 0.00 0.00 0.00 19.06
58000 Total Property Ta 12,808.00 19,895.19 12,808.00 161,219.35 58000 Property Tax
580010 Property Tax Ex 12,808.00 19,895.19 12,808.00 161,200.29 570020 Bonds, Fees 0.00 0.00 0.00 577.00
57000 Total Insurance E 1,215.18 1,215.18 1,164.81 14,829.06
N/C EXPENSE
57000 Insurance Expense
570010 Insurance Prope 1,215.18 1,215.18 1,164.81 14,252.06 TOTAL 40,617.49 31,786.22 29,910.50 401,255.98
CONTROLLABLE NOI 43,166.97 50,878.03 59,613.87 606,307.01 560300 Prospect Scree 23.00 34.25 0.00 114.50
56000 Total General & A 690.60 1,681.09 993.92 12,819.87 560235 License & Perm 0.00 1,147.00 424.00 4,323.00
560240 Employee Trave 0.00 0.00 0.00 149.18
560225 Copier - Printer 135.14 135.14 44.20 1,875.44
560230 Dues & Subscri 42.50 0.00 0.00 42.50
560150 Postage/Freight 35.81 0.00 0.00 169.69
560180 Computer/Softw 22.42 23.61 25.71 330.92
560130 Office Supplies 0.00 0.00 0.00 134.80
560140 Bank Charges 99.21 97.03 88.25 1,009.56
560100 Telephone & Int 168.38 165.60 171.79 2,668.20
560105 Answering Serv 89.98 13.06 35.81 889.60
560080 Other Expenses 0.00 0.00 100.00 100.00
560090 Cell Phones 74.16 65.40 104.16 1,012.48
APR 22 JUN 22 SEP 22 TOTAL
PO 00111
151
PO 00112
152
JAN 22 FEB 22 MAR 22 MAY 22 JUL 22 AUG 22 OCT 22 NOV 22 DEC 22 -32,832.66 -2,485.00 0.00 0.00 -16,480.00 -750.00 -1,170.00 -7,728.88 0.00
0.00 0.00 0.00 800.00 0.00 0.00 0.00 0.00 0.00
0.00 120.06 0.00 0.00 0.00 0.00 0.00 0.00 0.00
196.35 0.00 301.40 0.00 0.00 0.00 0.00 0.00 140.63
0.00 0.00 0.00 316.90 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 44.91 0.00 0.00 0.00 0.00 0.00
887.89 840.36 639.94 1,553.93 659.38 1,160.76 875.02 1,217.04 805.08 579.10 686.63 3,297.28 754.70 690.84 646.92 658.25 699.63 762.34 1,663.34 1,647.05 4,238.62 3,470.44 1,350.22 1,807.68 1,533.27 1,916.67 1,708.05 17,544.72 15,820.67 17,481.05 17,420.70 17,359.96 17,330.37 17,269.04 16,683.04 17,207.31 17,544.72 15,820.67 17,481.05 17,420.70 17,359.96 17,330.37 17,269.04 16,683.04 17,207.31 1,860.49 1,860.49 1,860.49 1,860.49 1,860.49 1,860.49 1,860.49 1,860.49 1,860.49 306.89 306.89 306.89 306.89 306.89 306.89 306.89 306.89 306.89 859.38 859.38 859.38 859.38 859.38 859.38 859.38 859.38 859.38 500.56 500.56 500.56 500.56 500.56 500.56 500.56 500.56 576.97 16,649.92 16,649.92 16,649.92 16,649.92 16,649.92 16,649.92 16,649.92 16,649.92 17,292.81 20,177.24 20,177.24 20,177.24 20,177.24 20,177.24 20,177.24 20,177.24 20,177.24 20,896.54 N/O EXPENSE 39,385.30 37,644.96 41,896.91 41,068.38 38,887.42 39,315.29 38,979.55 38,776.95 39,811.90 -16,260.74 -11,404.62 ######## -9,133.55 -1,290.13 -3,881.48 -3,731.81 -7,833.00 17,458.87NET INCOME -13,035.13 -11,890.26 3,137.77 -75,139.82 Profit & Loss 12 Month Recap By Period 12/20/24 10:35 AM 5 rentmanager.com - property management systems rev.12.241104 90200 Total Depreciatio 20,177.24 20,177.24 20,177.24 242,846.18 TOTAL 39,606.64 39,118.58 39,596.70 474,088.58
902022 Depr Exp FF+E 500.56 500.56 500.56 6,083.13
902024 Deprec Exp FAS 16,649.92 16,649.92 16,649.92 200,441.93 902012 Amortization Ma 306.89 306.89 306.89 3,682.68
902020 Depreciation Ex 859.38 859.38 859.38 10,312.56
90200 Depreciation & Amo
902010 Amortization Ex 1,860.49 1,860.49 1,860.49 22,325.88 901060 Mortgage Intere 16,888.89 16,830.30 16,742.59 204,578.64 90100 Total Interest Exp 16,888.89 16,830.30 16,742.59 204,578.64 80100 Total Non Opera 2,540.51 2,111.04 2,676.87 26,663.76 90100 Interest Expense
801270 Technology & S 1,802.14 1,092.24 1,389.23 12,923.01 810210 Payroll Expense 738.37 722.82 1,287.64 11,524.52 801250 Corporate Trave 0.00 295.98 0.00 612.88
801260 Corporate Meal 0.00 0.00 0.00 44.91
801190 Homes Constru 0.00 0.00 0.00 120.06
801240 Corporate Milea 0.00 0.00 0.00 638.38
80100 Non Operating Expe
801065 Franchise Tax E 0.00 0.00 0.00 800.00
APR 22 JUN 22 SEP 22 TOTAL
70800 Total Capital Exp -9,000.00 -4,102.92 -2,145.00 -76,694.46 PO 00113
153
PO 00114
154
JAN 22 FEB 22 MAR 22 MAY 22 JUL 22 AUG 22 OCT 22 NOV 22 DEC 22 77,453.61 85,182.61 83,867.23 76,736.86 83,432.53 82,838.92 81,357.50 76,046.68 104,673.97 -37,829.41 -42,143.45 ######## -28,258.66 -28,554.63 -30,931.93 -29,579.98 -28,342.57 -30,744.79 39,624.20 43,039.16 41,310.88 48,478.20 54,877.90 51,906.99 51,777.52 47,704.11 73,929.18 -16,499.64 -16,798.82 ######## -16,543.37 -17,280.61 -16,473.18 -16,529.78 -16,760.16 -16,658.41 23,124.56 26,240.34 24,621.17 31,934.83 37,597.29 35,433.81 35,247.74 30,943.95 57,270.77 -39,385.30 -37,644.96 ######## -41,068.38 -38,887.42 -39,315.29 -38,979.55 -38,776.95 -39,811.90 -16,260.74 -11,404.62 ######## -9,133.55 -1,290.13 -3,881.48 -3,731.81 -7,833.00 17,458.87NET INCOME -13,035.13 -11,890.26 3,137.77 -75,139.82 Profit & Loss 12 Month Recap By Period 12/20/24 10:35 AM 5 rentmanager.com - property management systems rev.12.241104 Net Operating Income 26,571.51 27,228.32 42,734.47 398,948.76 Non Operating Expense -39,606.64 -39,118.58 -39,596.70 -474,088.58 Controllable NOI 43,166.97 50,878.03 59,613.87 606,307.01 Non Controllable Expense -16,595.46 -23,649.71 -16,879.40 -207,358.25
NET INCOME SUMMARY
Income 83,784.46 82,664.25 89,524.37 ##########
Expense -40,617.49 -31,786.22 -29,910.50 -401,255.98
APR 22 JUN 22 SEP 22 TOTAL
PO 00115
155
PO 00116
156
PO 00117
157
PO 00118
158
PO 00119
159
PO 00120
160
PO 00121
161
PO 00122
162
PO 00123
163
PO 00124
164
JAN 23 FEB 23 MAR 23 MAY 23 JUL 23 AUG 23 OCT 23 NOV 23 DEC 23 92,820.00 92,820.00 92,820.00 92,820.00 92,820.00 92,820.00 92,820.00 92,820.00 93,036.00 -21,761.84 -21,716.08 ######## -23,696.75 -22,840.75 -22,840.75 -21,325.68 -22,512.47 -22,728.47 71,058.16 71,103.92 69,979.25 69,123.25 69,979.25 69,979.25 71,494.32 70,307.53 70,307.53 375.00 375.00 375.00 375.00 375.00 375.00 375.00 375.00 375.00 350.00 1,025.00 325.00 300.00 375.00 475.00 350.00 277.31 525.00
0.00 25.00 0.00 0.00 25.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 574.96 556.04 559.74
725.00 1,425.00 700.00 675.00 775.00 850.00 1,299.96 1,208.35 1,459.74 9,451.47 11,252.29 11,360.71 4,839.35 7,639.89 11,165.32 14,497.87 8,172.82 2,921.62 2,864.12 3,054.97 2,926.51 3,009.60 3,121.43 3,566.41 3,193.35 3,113.30 3,000.70 1,929.48 1,790.65 1,929.48 1,883.84 1,883.54 2,176.27 2,197.25 2,119.70 2,145.55 5,936.97 10,579.92 12,112.44 4,632.91 2,747.79 2,330.62 2,127.82 2,328.57 2,931.29 3,110.15 2,973.79 3,110.15 3,073.56 3,036.97 3,073.56 3,146.74 3,036.97 3,073.56 23,292.19 29,651.62 31,439.29 17,439.26 18,429.62 22,312.18 25,163.03 18,771.36 14,072.72 2,629.20 1,983.30 3,386.81 75.71 -2,503.30 14,734.18 9,848.07 17,749.43 824.05 2,629.20 1,983.30 3,386.81 75.71 -2,503.30 14,734.18 9,848.07 17,749.43 824.05 -3,655.38 -3,655.38 0.00 0.00 0.00 0.00 0.00 0.00 0.00
-1,400.68 -1,400.68 -1,400.68 -1,400.68 -723.73 -723.73 -723.73 -723.73 -723.73 -5,056.06 -5,056.06 -1,400.68 -1,400.68 -723.73 -723.73 -723.73 -723.73 -723.73 INCOME 92,648.49 99,107.78 ######## 85,912.54 85,956.84 107,151.88 107,081.65 107,312.94 85,940.31
68.00 70.00 290.83 518.62 290.90 450.53 235.17 288.20 355.47 370.21 0.00 0.00 0.00 0.00 282.56 0.00 0.00 26.93
78.65 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
516.86 70.00 290.83 518.62 290.90 733.09 235.17 288.20 382.40 4,205.84 4,332.00 4,332.00 4,332.00 4,332.00 4,332.00 4,332.00 4,332.00 4,332.00 52000 Payroll & Benefits
520020 Salaries -Managers 4,332.00 4,332.00 4,106.31 51,632.15 515080 Activity Supplies 0.00 0.00 0.00 78.65
51500 Total Resident Services 324.15 444.45 338.29 4,432.96 515010 Tenant Relations 70.00 444.45 338.29 3,420.46
515020 Resident Activities 254.15 0.00 0.00 933.85
TOTAL 92,458.34 89,368.20 92,983.15 ##########
EXPENSE
51500 Resident Services
450030 Employee Unit -1,400.68 -723.73 -723.73 -12,069.51 450000 Total Credits and Concessions -1,400.68 -1,400.68 -723.73 -20,057.22 450000 Credits and Concessions
450040 Misc Credit/Recurring Concession 0.00 -676.95 0.00 -7,987.71 450010 Bad Debt Recognition 354.44 -865.14 -1,920.15 46,296.60 45000 Total Bad Debt 354.44 -865.14 -1,920.15 46,296.60 44000 Total Utility Income 22,800.33 20,123.77 24,972.78 268,468.15 45000 Bad Debt
440040 Gas Billing Income 2,945.37 3,232.73 2,110.34 54,016.77 440050 Sewer Billing Income 3,073.56 3,146.74 3,073.56 36,929.31 440020 Water Billing Income 2,905.90 3,044.94 3,212.66 37,013.89 440030 Trash Billing Income 1,906.51 1,952.45 2,145.55 24,060.27 44000 Utility Income
440010 Electric Billing Income 11,968.99 8,746.91 14,430.67 116,447.91 431320 Interest Income 0.00 0.00 0.00 1,690.74
43000 Total Other Income 725.00 675.00 675.00 11,193.05 431100 Late Fee 325.00 300.00 300.00 4,927.31
431190 NSF Fees 25.00 0.00 0.00 75.00
43000 Other Income
431050 Dry Storage Space Rental Income 375.00 375.00 375.00 4,500.00 410030 Loss to Lease -22,840.75 -21,984.75 -22,840.75 -269,929.79 41000 Total Rental Income 69,979.25 70,835.25 69,979.25 844,126.21 41000 Rental Income
410020 Market Rent 92,820.00 92,820.00 92,820.00 ########## Profit & Loss 12 Month Recap
Properties: SPRINGDALE ESTATES,TRS SPRINGDALE
Period Range: January 2023 - December 2023 (accrual basis) APR 23 JUN 23 SEP 23 TOTAL
INCOME
PO 00125
165
1,500.00 2,142.00 2,278.00 1,955.00 2,299.25 2,512.00 2,942.50 2,713.50 2,872.26 -735.86 433.34 2,174.82 626.84 626.84 626.84 915.98 915.98 915.98 Profit & Loss 12 Month Recap By Period 12/20/24 10:36 AM 5 rentmanager.com - property management systems rev.12.241104 520050 Salaries - Maintenance 1,836.00 1,768.00 2,840.13 27,658.64 520070 Salaries - Bonus 626.84 626.84 3,329.07 11,083.51 PO 00126
166
JAN 23 FEB 23 MAR 23 MAY 23 JUL 23 AUG 23 OCT 23 NOV 23 DEC 23 927.93 768.01 819.97 528.16 490.28 519.83 563.98 542.87 557.97
29.04 28.91 57.91 31.66 52.62 55.80 58.92 54.93 52.47
392.58 371.73 371.68 372.12 407.52 407.52 407.52 407.52 407.52 968.09 597.23 706.00 575.11 605.84 738.90 851.19 821.29 848.96 7,287.62 8,673.22 10,740.38 8,420.89 8,814.35 9,192.89 10,072.09 9,788.09 9,987.16 392.00 585.00 461.00 545.87 328.67 558.00 575.75 477.90 593.95
0.00 0.00 0.00 0.00 0.00 0.00 0.00 178.66 0.00
0.00 0.00 0.00 0.00 0.00 225.49 0.00 0.00 0.00
0.00 0.00 0.00 0.00 30.15 0.00 0.00 232.01 0.00
0.00 0.00 0.00 40.93 0.00 35.91 0.00 0.00 0.00
0.00 78.54 0.00 0.00 0.00 0.00 0.00 266.71 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
768.18 614.09 0.00 0.00 0.00 635.00 531.37 0.00 498.04
0.00 0.00 1,231.00 655.00 0.00 0.00 0.00 0.00 945.00
0.00 0.00 0.00 0.00 0.00 18.83 0.00 0.00 0.00
1,248.25 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 137.88 0.00 0.00 0.00 0.00 0.00 0.00
91.00 91.00 91.00 91.00 91.00 91.00 91.00 91.00 91.00
0.00 286.83 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 92.01 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 39.98 0.00 0.00 0.00
2,499.43 1,655.46 2,012.89 1,332.80 449.82 1,604.21 1,198.12 1,246.28 2,127.99 9,083.87 11,512.22 11,845.75 5,927.39 8,989.41 9,967.49 14,818.53 14,510.55 6,963.38 5,004.71 4,304.06 4,963.19 9,175.42 3,877.91 3,940.16 4,912.04 4,016.60 4,174.94 2,248.44 2,710.02 2,833.34 2,872.79 3,024.02 2,781.21 3,141.18 2,563.94 2,852.56 4,115.60 7,411.89 14,545.48 5,333.71 2,117.25 1,999.76 927.37 1,263.43 -366.95 20,452.62 25,938.19 34,187.76 23,309.31 18,008.59 18,688.62 23,799.12 22,354.52 13,623.93 100.00 212.50 0.00 0.00 0.00 578.40 0.00 0.00 0.00
1,308.98 43.75 9,992.50 380.00 0.00 4,893.79 721.50 5,640.00 1,615.30
35.71 35.71 0.00 35.72 35.68 35.72 351.22 62.32 67.26
1,444.69 291.96 9,992.50 415.72 35.68 5,507.91 1,072.72 5,702.32 1,682.56
0.00 0.00 0.00 0.00 0.00 67.35 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 300.00 0.00 0.00
0.00 0.00 272.30 0.00 0.00 0.00 0.00 0.00 0.00
92.21 82.63 93.39 93.39 93.39 93.39 -60.37 69.23 64.41
560080 Other Expenses 0.00 0.00 0.00 272.30
560090 Cell Phones 93.39 93.39 208.32 1,016.77
560020 Employee Credit Check 0.00 0.00 0.00 67.35
560050 Penalties 0.00 0.00 0.00 300.00
55000 Total Legal, Regulatory & Professional 2,606.44 540.72 667.88 29,961.10 56000 General & Admin
550020 Legal Expense - General 2,535.00 480.00 632.16 28,242.98 550050 Public Relations 71.44 35.72 35.72 802.22
55000 Legal, Regulatory & Professional
550010 Legal, Professional Fee - Evictions 0.00 25.00 0.00 915.90 540050 Utilities - Gas/Propane Expense 7,519.96 3,029.22 890.78 48,787.50 54000 Total Utility Expenses 28,876.08 16,895.20 22,356.53 268,490.47 540030 Utilities - Water Expense 5,100.95 0.00 4,295.06 53,765.04 540040 Utilities - Trash Expense 2,563.94 3,615.47 2,923.91 34,130.82 54000 Utility Expenses
540020 Utilities - Electric Expense 13,691.23 10,250.51 14,246.78 131,807.11 530300 Locks & Keys 0.00 0.00 0.00 39.98
53000 Total R&M Master 2,296.30 2,039.70 1,349.49 19,812.49 530280 Golf Carts Expense 0.00 0.00 0.00 286.83
530290 Painting 0.00 0.00 0.00 92.01
530155 Electrical - Supplies 0.00 0.00 39.94 177.82
530160 Meter Expense 91.00 91.00 91.00 1,092.00
530135 Plumbing - Supplies 0.00 0.00 0.00 18.83
530150 Electrical Repair Expense 0.00 0.00 0.00 1,248.25 530120 Pool Supplies 15.51 641.03 498.04 4,201.26
530130 Plumbing Repair Expense 1,138.00 0.00 0.00 3,969.00 530090 Cleaning Supplies 0.00 48.45 0.00 393.70
530100 Pest Control Supplies 0.00 0.00 53.71 53.71
530050 Maintenance Supplies 0.00 0.00 0.00 262.16
530070 Landscaping Supplies 40.19 545.92 164.80 827.75
525080 Fire Safety 3rd Party 0.00 0.00 0.00 178.66
530020 Clubhouse R&M 0.00 0.00 0.00 225.49
53000 R&M Master
525020 Pool Expense 1,011.60 713.30 502.00 6,745.04
520110 Worker Comp Insurance 560.42 575.65 1,136.11 8,984.79 52000 Total Payroll & Benefits 8,317.33 8,176.09 12,645.28 112,115.39 520090 Payroll Processing Fee 29.97 37.47 52.84 542.54
520100 Employee Insurance 372.17 338.22 407.52 4,663.62 APR 23 JUN 23 SEP 23 TOTAL
520080 Payroll Taxes 559.93 497.91 773.30 7,550.14
PO 00127
167
171.79 171.79 199.94 536.20 220.69 157.63 417.99 -140.85 195.77
92.58 92.58 -23.32 92.58 -236.38 39.64 48.17 87.62 29.81
0.00 0.00 170.20 0.00 0.00 0.00 24.02 43.17 0.00
51.86 50.75 40.72 112.78 93.99 97.53 85.84 215.06 215.83 Profit & Loss 12 Month Recap By Period 12/20/24 10:36 AM 5 rentmanager.com - property management systems rev.12.241104 560130 Office Supplies 111.34 16.91 0.00 365.64
560140 Bank Charges 105.85 104.97 94.25 1,269.43
560100 Telephone & Internet 259.61 220.69 58.79 2,470.04 560105 Answering Service 92.58 92.58 76.17 484.61
PO 00128
168
JAN 23 FEB 23 MAR 23 MAY 23 JUL 23 AUG 23 OCT 23 NOV 23 DEC 23
40.31 0.00 29.34 0.00 67.56 0.00 0.00 109.89 0.00
0.00 0.00 130.80 0.00 0.00 0.00 0.00 0.00 0.00
21.81 32.77 27.78 31.18 -21.32 -97.76 8.50 8.50 8.50
128.84 166.70 941.10 138.18 576.59 36.23 -907.73 128.84 223.96 2,121.00 0.00 0.00 0.00 10.00 0.00 0.00 553.00 0.00
524.12 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 400.00
11.75 0.00 0.00 0.00 23.00 0.00 0.00 23.00 11.75
52.46 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
3,308.73 597.22 1,882.25 1,004.31 827.52 394.01 -83.58 1,097.46 1,150.03 EXPENSE 35,509.95 37,226.05 59,106.61 35,001.65 28,426.86 36,120.73 36,293.64 40,476.87 28,954.07 57,138.54 61,881.73 44,998.06 50,910.89 57,529.98 71,031.15 70,788.01 66,836.07 56,986.24 1,164.81 1,164.81 1,164.81 1,164.81 1,164.74 1,569.56 1,495.09 1,495.09 1,495.09
0.00 0.00 0.00 0.00 577.00 0.00 0.00 0.00 0.00
1,164.81 1,164.81 1,164.81 1,164.81 1,741.74 1,569.56 1,495.09 1,495.09 1,495.09
0.00 0.00 0.00 0.00 -800.00 0.00 0.00 0.00 0.00
12,877.50 12,877.50 12,877.50 12,877.50 12,877.50 12,877.50 12,877.50 13,678.62 12,877.55
0.00 0.00 0.00 0.00 11.70 0.00 0.00 0.00 0.00
12,877.50 12,877.50 12,877.50 12,877.50 12,089.20 12,877.50 12,877.50 13,678.62 12,877.55 2,700.56 2,913.74 3,021.53 2,575.12 2,653.81 2,772.54 2,917.01 2,686.91 2,553.05 2,700.56 2,913.74 3,021.53 2,575.12 2,653.81 2,772.54 2,917.01 2,686.91 2,553.05 N/C EXPENSE 16,742.87 16,956.05 17,063.84 16,617.43 16,484.75 17,219.60 17,289.60 17,860.62 16,925.69 40,395.67 44,925.68 27,934.22 34,293.46 41,045.23 53,811.55 53,498.41 48,975.45 40,060.55
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
N/O INCOME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 158,254.00 1,710.00 27,263.92 807.50 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 2,871.81 0.00 0.00 0.00 0.00 0.00 5,807.77
0.00 0.00 0.00 7,186.00 2,474.37 0.00 3,987.56 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 43,220.00 0.00 705018 Paving 0.00 0.00 0.00 43,220.00 705004 Electrical Improvements & Exterior Lighting 3,487.44 0.00 2,896.22 15,063.24 705017 Plumbing 0.00 0.00 0.00 13,647.93
705001 Landscaping Improvements 2,589.92 958.05 0.00 191,583.39 705003 Exterior Common Area Lighting 9,600.00 0.00 0.00 9,600.00 TOTAL 29,200.00 0.00 0.00 29,200.00
N/O EXPENSE
70500 Community Capital Expenditures
800010 Misc. Income 29,200.00 0.00 0.00 29,200.00
80000 Total Gain/(Loss) 29,200.00 0.00 0.00 29,200.00
NOI 31,904.50 43,623.25 37,817.84 498,285.81
N/O INCOME
80000 Gain/(Loss)
59000 Total Property Management Fees 2,763.13 2,707.00 2,847.11 33,111.51 TOTAL 17,605.44 16,749.41 17,219.70 204,735.00
59000 Property Management Fees
590010 % Management Fee Expense 2,763.13 2,707.00 2,847.11 33,111.51 580020 Personal Property Tax 0.00 0.00 0.00 11.70
58000 Total Property Tax 13,677.50 12,877.60 12,877.50 155,342.97 550035 Franchise Tax 800.00 0.00 0.00 0.00
580010 Property Tax Expense 12,877.50 12,877.60 12,877.50 155,331.27 57000 Total Insurance Expense 1,164.81 1,164.81 1,495.09 16,280.52 58000 Property Tax
570010 Insurance Property 1,164.81 1,164.81 1,495.09 15,703.52 570020 Bonds, Fees 0.00 0.00 0.00 577.00
CONTROLLABLE NOI 49,509.94 60,372.66 55,037.54 703,020.81
N/C EXPENSE
57000 Insurance Expense
56000 Total General & Admin 528.10 899.38 588.14 12,193.57 TOTAL 42,948.40 28,995.54 37,945.61 447,005.98
560300 Prospect Screening Fees 23.00 0.00 23.00 115.50
560320 Staff / Office Functions 0.00 0.00 0.00 52.46
560250 Employee Travel-Hotel 0.00 0.00 0.00 524.12
560275 Professional/Accounting Services 0.00 0.00 0.00 400.00 560225 Copier - Printer / Fax -530.85 186.66 119.11 1,207.63 560235 License & Permits 342.00 153.00 0.00 3,179.00
560170 Training & Education 0.00 0.00 0.00 130.80
560180 Computer/Software 31.18 31.18 8.50 90.82
APR 23 JUN 23 SEP 23 TOTAL
560150 Postage/Freight/Handling 0.00 0.00 0.00 247.10
PO 00129
169
Profit & Loss 12 Month Recap By Period 12/20/24 10:36 AM 5 rentmanager.com - property management systems rev.12.241104 PO 00130
170
JAN 23 FEB 23 MAR 23 MAY 23 JUL 23 AUG 23 OCT 23 NOV 23 DEC 23 158,254.00 1,710.00 30,135.73 7,993.50 2,474.37 0.00 3,987.56 43,220.00 5,807.77 ######### -1,710.00 ######## -7,993.50 -2,474.37 0.00 -3,987.56 -43,220.00 -5,807.77 ######### -1,710.00 ######## -7,993.50 -2,474.37 0.00 -3,987.56 -43,220.00 -5,807.77
0.00 0.00 0.00 0.00 800.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 329.37
0.00 0.00 147.38 0.00 0.00 0.00 0.00 0.00 0.00
1,474.52 468.54 367.95 0.00 0.00 0.00 0.00 0.00 0.00
62.20 14.73 0.00 0.00 0.00 0.00 0.00 0.00 0.00
712.86 678.80 145.17 2,123.41 1,336.53 1,031.93 473.55 1,020.46 780.58 2,456.74 627.41 704.86 602.48 629.23 887.46 895.96 895.96 987.02 4,706.32 1,789.48 1,365.36 2,725.89 2,765.76 1,919.39 1,369.51 1,916.42 2,096.97
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 16,315.65
17,177.21 15,487.62 17,111.21 17,048.45 16,985.28 16,954.44 16,890.65 16,315.65 0.00 17,177.21 15,487.62 17,111.21 17,048.45 16,985.28 16,954.44 16,890.65 16,315.65 16,315.65 1,860.49 1,860.49 1,860.49 1,860.49 1,860.49 1,860.49 1,860.49 1,921.41 0.00 306.89 306.89 306.89 306.89 306.89 306.89 306.89 316.88 0.00 859.38 859.38 859.38 859.38 859.38 859.38 859.38 859.38 859.38 576.97 576.97 576.97 576.97 576.97 576.97 576.97 576.97 576.97 17,292.81 17,296.35 17,296.35 17,352.00 17,411.88 17,436.53 17,436.53 17,436.53 17,436.53 20,896.54 20,900.08 20,900.08 20,955.73 21,015.61 21,040.26 21,040.26 21,111.17 18,872.88 N/O EXPENSE 42,780.07 38,177.18 39,376.65 40,730.07 40,766.65 39,914.09 39,300.42 39,343.24 37,285.50 -2,384.40 6,748.50 ######## -6,436.61 278.58 13,897.46 14,197.99 9,632.21 2,775.05 TOTAL 38,751.88 39,839.78 39,542.54 475,808.07
NET INCOME 22,352.62 3,783.47 -1,724.70 51,677.74
902024 Deprec Exp FAS 141 Bldg Imprv 17,320.29 17,411.88 17,436.53 208,564.21 90200 Total Depreciation & Amortization 20,924.02 21,015.61 21,040.26 249,712.50 902020 Depreciation Expense 859.38 859.38 859.38 10,312.56 902022 Depr Exp FF+E 576.97 576.97 576.97 6,923.64
902010 Amortization Expense 1,860.49 1,860.49 1,860.49 20,526.31 902012 Amortization Mark to Market 306.89 306.89 306.89 3,385.78 90100 Total Interest Expense 16,529.80 16,468.86 16,377.58 199,662.40 90200 Depreciation & Amortization
802040 Note Interest Expense 0.00 0.00 0.00 16,315.65
901060 Mortgage Interest - 1st Note 16,529.80 16,468.86 16,377.58 183,346.75 80100 Total Non Operating Expense 1,298.06 2,355.31 2,124.70 26,433.17 90100 Interest Expense
801270 Technology & Software Fee 318.75 1,281.52 749.93 10,653.49 810210 Payroll Expense (Non Operating) 816.72 1,073.79 1,374.77 11,952.40 801250 Corporate Travel - Airfare/Hotel/Car Rental 0.00 0.00 0.00 2,311.01 801260 Corporate Meals/Entertainment 14.56 0.00 0.00 91.49 801200 Marketing Expense (Non-Operating) 0.00 0.00 0.00 329.37 801240 Corporate Mileage 148.03 0.00 0.00 295.41
80100 Non Operating Expense
801065 Franchise Tax Expense 0.00 0.00 0.00 800.00
708000 Capital Expenditure Contra -15,677.36 -958.05 -2,896.22 -273,114.56 70800 Total Capital Expenditures Contra -15,677.36 -958.05 -2,896.22 -273,114.56 70500 Total Community Capital Expenditures 15,677.36 958.05 2,896.22 273,114.56 70800 Capital Expenditures Contra
APR 23 JUN 23 SEP 23 TOTAL
PO 00131
171
Profit & Loss 12 Month Recap By Period 12/20/24 10:36 AM 5 rentmanager.com - property management systems rev.12.241104 PO 00132
172
JAN 23 FEB 23 MAR 23 MAY 23 JUL 23 AUG 23 OCT 23 NOV 23 DEC 23 92,648.49 99,107.78 ######## 85,912.54 85,956.84 107,151.88 107,081.65 107,312.94 85,940.31 -35,509.95 -37,226.05 ######## -35,001.65 -28,426.86 -36,120.73 -36,293.64 -40,476.87 -28,954.07 57,138.54 61,881.73 44,998.06 50,910.89 57,529.98 71,031.15 70,788.01 66,836.07 56,986.24 -16,742.87 -16,956.05 ######## -16,617.43 -16,484.75 -17,219.60 -17,289.60 -17,860.62 -16,925.69 40,395.67 44,925.68 27,934.22 34,293.46 41,045.23 53,811.55 53,498.41 48,975.45 40,060.55
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
-42,780.07 -38,177.18 ######## -40,730.07 -40,766.65 -39,914.09 -39,300.42 -39,343.24 -37,285.50 -2,384.40 6,748.50 ######## -6,436.61 278.58 13,897.46 14,197.99 9,632.21 2,775.05NET INCOME 22,352.62 3,783.47 -1,724.70 51,677.74 Profit & Loss 12 Month Recap By Period 12/20/24 10:36 AM 5 rentmanager.com - property management systems rev.12.241104 Non Operating Income 29,200.00 0.00 0.00 29,200.00
Non Operating Expense -38,751.88 -39,839.78 -39,542.54 -475,808.07 Non Controllable Expense -17,605.44 -16,749.41 -17,219.70 -204,735.00 Net Operating Income 31,904.50 43,623.25 37,817.84 498,285.81 Expense -42,948.40 -28,995.54 -37,945.61 -447,005.98
Controllable NOI 49,509.94 60,372.66 55,037.54 703,020.81 APR 23 JUN 23 SEP 23 TOTAL
NET INCOME SUMMARY
Income 92,458.34 89,368.20 92,983.15 ##########
PO 00133
173
JAN 24 FEB 24 MAR 24 MAY 24 JUL 24 AUG 24 OCT 24 NOV 24 DEC 24 93,036.00 93,144.00 93,144.00 93,144.00 92,820.00 92,820.00 92,820.00 92,820.00 92,820.00 -20,387.38 -20,348.09 ######## -20,312.05 -19,988.05 -19,988.05 -19,744.09 -17,638.23 -19,744.09 72,648.62 72,795.91 72,831.95 72,831.95 72,831.95 72,831.95 73,075.91 75,181.77 73,075.91
0.00 0.00 0.00 0.00 0.00 0.00 3,000.00 1,000.00 1,000.00
0.00 0.00 0.00 0.00 0.00 0.00 3,000.00 1,000.00 1,000.00
0.00 0.00 0.00 0.00 427.59 0.00 0.00 0.00 0.00
375.00 375.00 375.00 375.00 375.00 375.00 375.00 375.00 375.00 275.00 342.98 424.98 0.00 -51.59 0.00 175.00 325.00 150.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 499.46
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 103.23
25.00 25.00 25.00 25.00 0.00 0.00 0.00 0.00 0.00
458.87 577.48 498.74 493.55 835.60 1,064.72 833.51 468.96 282.14 1,133.87 1,320.46 1,323.72 893.55 1,586.60 1,439.72 1,383.51 1,168.96 1,409.83 8,933.96 9,155.52 8,538.41 7,900.67 8,023.14 11,949.72 15,343.39 8,322.63 518.62 2,970.82 3,167.94 2,813.58 3,202.04 3,411.36 3,054.93 3,449.61 3,395.06 3,131.45 2,145.55 2,145.55 2,145.55 2,145.55 2,145.55 2,119.70 2,145.55 2,145.55 2,550.59 3,639.06 4,541.24 4,774.49 3,757.49 2,707.04 1,843.43 1,862.68 1,990.55 2,655.16 3,073.56 3,073.56 3,073.56 3,073.56 3,073.56 3,036.97 3,073.56 3,073.56 3,073.56 20,762.95 22,083.81 21,345.59 20,079.31 19,360.65 22,004.75 25,874.79 18,927.35 11,929.38 573.28 598.97 -919.53 701.51 5,240.33 -209.78 -373.51 -357.68 877.20 573.28 598.97 -919.53 701.51 5,240.33 -209.78 -373.51 -357.68 877.20 -723.73 -723.73 -723.73 -723.73 -730.75 -865.38 0.00 0.00 0.00 -723.73 -723.73 -723.73 -723.73 -730.75 -865.38 0.00 0.00 0.00 INCOME 94,394.99 96,075.42 93,858.00 93,782.59 98,288.78 95,201.26 102,960.70 95,920.40 88,292.32 222.90 163.75 0.00 144.00 201.60 72.00 311.80 226.10 361.10
EXPENSE
51500 Resident Services
515010 Tenant Relations 72.00 144.00 92.35 2,011.60
450000 Total Credits and Concessions -2,415.71 -730.75 0.00 -7,637.51 TOTAL 67,203.55 78,301.44 98,504.11 ##########
450000 Credits and Concessions
450030 Employee Unit -2,415.71 -730.75 0.00 -7,637.51
450010 Bad Debt Recognition -24,886.64 727.21 196.13 -17,832.51 45000 Total Bad Debt -24,886.64 727.21 196.13 -17,832.51 44000 Total Utility Income 20,836.84 5,364.15 23,724.43 232,294.00 45000 Bad Debt
440040 Gas Billing Income 4,366.42 -2,566.94 1,657.06 31,227.68 440050 Sewer Billing Income 3,073.56 3,011.12 3,073.56 36,783.69 440020 Water Billing Income 3,068.31 2,907.91 3,309.59 37,882.60 440030 Trash Billing Income 2,145.55 2,083.11 2,145.55 26,063.35 44000 Utility Income
440010 Electric Billing Income 8,183.00 -71.05 13,538.67 100,336.68 431320 Interest Income 497.11 1,243.23 1,201.60 8,455.51 43000 Total Other Income 837.11 1,618.23 1,751.60 15,867.16 431160 Lease Application Fee 0.00 0.00 0.00 103.23
431190 NSF Fees 0.00 0.00 25.00 125.00
431100 Late Fee 0.00 0.00 150.00 1,791.37
431110 Extra Vehicle Charge 0.00 0.00 0.00 499.46
431010 Laundry Revenues 0.00 0.00 0.00 427.59
431050 Dry Storage Space Rental Income 340.00 375.00 375.00 4,465.00 42000 Total Mobile Home Rental Income 0.00 0.00 0.00 5,000.00 43000 Other Income
42000 Mobile Home Rental Income
420020 HR - Rented Manufactured Home 0.00 0.00 0.00 5,000.00 410030 Loss to Lease -20,312.05 -21,821.40 -7,323.05 -227,918.58 41000 Total Rental Income 72,831.95 71,322.60 72,831.95 875,092.42 41000 Rental Income
410020 Market Rent 93,144.00 93,144.00 80,155.00 ########## Profit & Loss 12 Month Recap
Properties: SPRINGDALE ESTATES,TRS SPRINGDALE
Period Range: January 2024 - December 2024 (accrual basis) APR 24 JUN 24 SEP 24 TOTAL
INCOME
PO 00134
174
152.56 0.00 0.00 153.15 0.00 136.65 0.00 0.00 0.00
375.46 163.75 0.00 297.15 201.60 208.65 311.80 226.10 361.10 Profit & Loss 12 Month Recap By Period 12/20/24 10:36 AM 5 rentmanager.com - property management systems rev.12.241104 515020 Resident Activities 355.85 153.15 0.00 951.36
51500 Total Resident Services 427.85 297.15 92.35 2,962.96 PO 00135
175
JAN 24 FEB 24 MAR 24 MAY 24 JUL 24 AUG 24 OCT 24 NOV 24 DEC 24 4,332.00 4,500.00 4,500.00 4,500.00 3,646.68 2,509.52 6,147.34 8,054.80 6,410.98 3,020.13 3,137.92 3,435.90 3,391.95 4,901.02 2,909.16 165.91 3,053.93 3,298.06 915.98 -40.98 -2,120.90 -1,800.00 0.00 0.00 0.00 0.00 0.00 568.71 933.68 1,312.99 694.57 702.99 561.85 631.72 840.09 733.04
52.38 54.06 93.33 0.00 0.00 0.00 0.00 0.00 0.00
407.52 407.52 407.52 407.52 374.30 374.30 780.30 796.32 796.32
0.00 88.97 180.93 183.23 24.26 23.85 133.32 140.34 148.68 862.52 872.74 1,351.56 882.02 461.74 1,063.79 953.32 889.08 1,531.65 10,159.24 9,953.91 9,161.33 8,259.29 10,110.99 7,442.47 8,811.91 13,774.56 12,918.73 3,410.00 0.00 0.00 0.00 0.00 0.00 250.00 0.00 0.00
484.00 386.70 588.95 317.53 583.00 301.00 568.00 604.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 875.50 202.09
126.87 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
94.98 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 123.21 0.00 120.09 101.95
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 13.19 123.69
0.00 0.00 0.00 0.00 34.79 0.00 0.00 0.00 0.00
66.44 0.00 0.00 0.00 0.00 60.23 0.00 0.00 0.00
144.19 0.00 0.00 559.92 219.00 0.00 48.49 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 510.00 445.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 19.88 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 228.26 0.00
91.00 91.00 91.00 91.00 91.00 91.00 108.90 108.90 693.79
0.00 0.00 0.00 0.00 0.00 0.00 117.45 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 304.88 0.00
0.00 6.99 0.00 0.00 0.00 0.00 0.00 0.00 631.16
0.00 0.00 0.00 0.00 174.39 253.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 139.00 0.00 15.07
4,417.48 484.69 679.95 968.45 1,102.18 828.44 1,231.84 2,784.70 2,212.75 9,640.33 11,674.85 10,649.61 8,761.79 8,068.88 11,388.28 18,792.25 16,251.50 4,104.91 4,447.94 3,628.94 3,656.24 3,646.98 4,889.77 9,363.73 5,163.64 5,026.98 9,476.07 2,852.56 3,141.48 2,853.89 2,853.89 5,706.75 2,854.92 2,876.73 4,579.65 3,291.04 3,087.54 4,098.87 4,356.43 3,385.28 5,126.15 747.99 612.31 1,540.52 1,469.63 20,028.37 22,544.14 21,516.17 18,647.94 23,791.55 24,354.92 27,444.93 27,398.65 18,341.65 54000 Total Utility Expenses 22,135.46 3,830.60 22,812.19 252,846.57 55000 Legal, Regulatory & Professional
540040 Utilities - Trash Expense 2,853.89 1.03 2,876.73 36,742.56 540050 Utilities - Gas/Propane Expense 4,381.29 0.00 -1,491.43 27,314.58 540020 Utilities - Electric Expense 10,552.39 0.00 16,235.54 126,120.33 540030 Utilities - Water Expense 4,347.89 3,829.57 5,191.35 62,669.10 53000 Total R&M Master 703.77 3,978.45 4,619.47 24,012.17 54000 Utility Expenses
530300 Locks & Keys 0.00 0.00 0.00 427.39
530310 Other R&M 0.00 0.00 0.00 154.07
530270 Parking & Paving 0.00 0.00 0.00 304.88
530280 Golf Carts Expense 0.00 0.00 0.00 638.15
530160 Meter Expense 91.00 91.00 144.70 1,784.29
530260 Tools/Equipment 0.00 0.00 0.00 117.45
530135 Plumbing - Supplies 0.00 0.00 0.00 19.88
530155 Electrical - Supplies 0.00 0.00 0.00 228.26
530120 Pool Supplies 0.00 64.00 113.00 1,148.60
530130 Plumbing Repair Expense 0.00 3,145.00 1,600.00 5,700.00 530080 Safety & Security Supplies 0.00 0.00 0.00 34.79
530090 Cleaning Supplies 0.00 0.00 133.94 260.61
530060 Maintenance Automobile, Mileage & Gas 0.00 42.01 0.00 42.01 530070 Landscaping Supplies 0.00 0.00 128.83 265.71
530020 Clubhouse R&M 62.77 0.00 0.00 157.75
530050 Maintenance Supplies 0.00 0.00 0.00 345.25
525080 Fire Safety 3rd Party 0.00 221.44 0.00 1,299.03
525100 Other Services 3rd Party 0.00 0.00 0.00 126.87
525010 Landscape Expense 0.00 0.00 2,300.00 5,960.00
525020 Pool Expense 550.00 415.00 199.00 4,997.18
52000 Total Payroll & Benefits 4,270.44 4,202.74 8,248.04 107,313.65 53000 R&M Master
520105 401K Contribution 177.41 24.13 75.59 1,200.71
520110 Worker Comp Insurance 801.76 443.86 813.43 10,927.47 520090 Payroll Processing Fee -199.77 0.00 0.00 0.00
520100 Employee Insurance 407.52 407.52 780.30 6,346.96 520070 Salaries - Bonus -4,950.00 0.00 0.00 -7,995.90
520080 Payroll Taxes 690.28 292.47 462.99 8,425.38
520020 Salaries -Managers 4,500.00 0.00 2,734.39 51,835.71 520050 Salaries - Maintenance 2,843.24 3,034.76 3,381.34 36,573.32 APR 24 JUN 24 SEP 24 TOTAL
52000 Payroll & Benefits
PO 00136
176
0.00 0.00 402.49 0.00 0.00 0.00 0.00 0.00 0.00
1,591.00 2,165.21 -1,049.05 6,459.00 -898.50 3,795.40 437.00 15,865.99 -1,383.87
65.21 63.16 48.39 0.00 0.00 0.00 0.00 0.00 0.00
1,656.21 2,228.37 -598.17 6,459.00 -898.50 3,795.40 437.00 15,865.99 -1,383.87 Profit & Loss 12 Month Recap By Period 12/20/24 10:36 AM 5 rentmanager.com - property management systems rev.12.241104 550050 Public Relations -65.21 0.00 0.00 111.55
55000 Total Legal, Regulatory & Professional 193.46 19,852.04 619.00 48,225.93 550010 Legal, Professional Fee - Evictions 0.00 0.00 25.00 427.49 550020 Legal Expense - General 258.67 19,852.04 594.00 47,686.89 PO 00137
177
JAN 24 FEB 24 MAR 24 MAY 24 JUL 24 AUG 24 OCT 24 NOV 24 DEC 24
0.00 0.00 0.00 0.00 0.00 0.00 0.00 82.63 0.00
58.16 40.71 53.71 9.12 40.19 80.89 53.79 53.11 33.21
197.84 284.54 189.78 576.65 255.15 231.63 398.86 301.85 363.66
48.01 20.70 39.74 85.17 144.84 107.24 162.21 125.31 159.03
0.00 0.00 0.00 0.00 0.00 53.86 0.00 0.00 0.00
65.07 0.00 0.00 0.00 0.00 243.28 136.89 10.76 0.00
204.90 203.86 213.38 143.43 159.95 167.05 173.07 157.73 151.28
0.00 0.00 0.00 46.78 0.00 0.00 0.00 14.60 0.00
0.00 0.00 0.00 0.00 0.00 125.00 0.00 0.00 0.00
8.50 8.92 28.54 0.00 0.00 0.00 0.00 0.00 0.00
0.00 257.80 50.18 0.00 0.00 0.00 0.00 0.00 0.00
128.84 257.68 123.92 137.68 151.24 366.72 56.06 136.76 202.16
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 42.50
2,121.00 0.00 0.00 -2,059.00 0.00 0.00 576.00 24.48 2,121.00
0.00 0.00 0.00 0.00 755.95 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 698.90 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 452.18 -452.18 0.00 0.00 0.00 0.00 0.00 0.00
0.00 63.55 0.00 0.00 0.00 0.00 0.00 0.00 83.44
0.00 0.00 0.00 0.00 120.04 8.50 0.00 0.00 0.00
2,832.32 1,589.94 247.07 -1,060.17 1,627.36 2,083.07 1,556.88 907.23 3,156.28 EXPENSE 39,469.08 36,964.80 31,006.35 33,571.66 35,935.18 38,712.95 39,794.36 60,957.23 35,606.64 54,925.91 59,110.62 62,851.65 60,210.93 62,353.60 56,488.31 63,166.34 34,963.17 52,685.68 1,495.09 1,495.09 1,495.09 1,495.02 2,102.02 2,305.71 2,321.51 2,321.51 2,321.51
0.00 0.00 0.00 0.00 0.00 577.00 0.00 0.00 0.00
1,495.09 1,495.09 1,495.09 1,495.02 2,102.02 2,882.71 2,321.51 2,321.51 2,321.51 13,146.00 13,146.00 13,146.00 12,876.00 13,146.00 13,146.00 13,246.65 13,246.65 13,246.65 13,146.00 13,146.00 13,146.00 12,876.00 13,146.00 13,146.00 13,246.65 13,246.65 13,246.65 2,814.66 2,864.31 2,843.33 2,790.75 2,791.46 2,862.33 3,009.95 2,857.12 2,592.45 2,814.66 2,864.31 2,843.33 2,790.75 2,791.46 2,862.33 3,009.95 2,857.12 2,592.45 N/C EXPENSE 17,455.75 17,505.40 17,484.42 17,161.77 18,039.48 18,891.04 18,578.11 18,425.28 18,160.61 37,470.16 41,605.22 45,367.23 43,049.16 44,314.12 37,597.27 44,588.23 16,537.89 34,525.07
N/O EXPENSE
TOTAL 16,300.91 16,698.42 18,444.61 213,145.80
NOI 20,238.61 27,660.90 42,803.12 435,756.98
590010 % Management Fee Expense 1,929.82 2,327.23 2,945.21 32,628.62 59000 Total Property Management Fees 1,929.82 2,327.23 2,945.21 32,628.62 58000 Total Property Tax 12,876.00 12,876.17 13,146.00 157,244.12 59000 Property Management Fees
58000 Property Tax
580010 Property Tax Expense 12,876.00 12,876.17 13,146.00 157,244.12 570020 Bonds, Fees 0.00 0.00 0.00 577.00
57000 Total Insurance Expense 1,495.09 1,495.02 2,353.40 23,273.06
N/C EXPENSE
57000 Insurance Expense
570010 Insurance Property 1,495.09 1,495.02 2,353.40 22,696.06 TOTAL 30,664.03 33,942.12 37,256.38 453,880.78
CONTROLLABLE NOI 36,539.52 44,359.32 61,247.73 648,902.78 560345 Recruiting Expense 0.00 11.00 17.00 156.54
56000 Total General & Admin 2,933.05 1,781.14 865.33 18,519.50 560280 Seminars,Convtns,Meetings 0.00 0.00 0.00 0.00
560300 Prospect Screening Fees 25.31 0.00 0.00 172.30
560250 Employee Travel-Hotel 0.00 0.00 0.00 698.90
560275 Professional/Accounting Services 600.00 0.00 0.00 600.00 560240 Employee Travel/Airfare 0.00 0.00 0.00 755.95
560245 Employee Mileage 0.00 0.00 237.98 237.98
560230 Dues & Subscriptions 42.50 0.00 0.00 85.00
560235 License & Permits 2,121.00 1,103.00 76.92 6,084.40 560190 Membership Fees -307.98 0.00 0.00 0.00
560225 Copier - Printer / Fax 128.34 147.06 9.84 1,846.30 560170 Training & Education 0.00 0.00 0.00 125.00
560180 Computer/Software -45.96 0.00 0.00 0.00
560140 Bank Charges -0.31 157.86 191.73 1,923.93
560150 Postage/Freight/Handling 0.00 9.85 15.22 86.45
560120 Small Equip & Office Furnishing 0.00 0.00 0.00 53.86 560130 Office Supplies 0.00 0.00 24.20 480.20
560100 Telephone & Internet 241.29 240.48 88.50 3,370.23 560105 Answering Service 49.83 76.79 151.51 1,170.38
560080 Other Expenses 68.00 0.00 0.00 150.63
560090 Cell Phones 11.03 35.10 52.43 521.45
APR 24 JUN 24 SEP 24 TOTAL
56000 General & Admin
PO 00138
178
70500 Community Capital Expenditures
Profit & Loss 12 Month Recap By Period 12/20/24 10:36 AM 5 rentmanager.com - property management systems rev.12.241104 PO 00139
179
JAN 24 FEB 24 MAR 24 MAY 24 JUL 24 AUG 24 OCT 24 NOV 24 DEC 24
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,798.00
2,837.45 0.00 0.00 0.00 0.00 0.00 0.00 3,646.13 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 13,264.00 0.00 0.00
2,837.45 0.00 0.00 0.00 0.00 0.00 13,264.00 3,646.13 1,798.00 -2,837.45 0.00 0.00 0.00 0.00 0.00 -13,264.00 -3,646.13 -1,798.00 -2,837.45 0.00 0.00 0.00 0.00 0.00 -13,264.00 -3,646.13 -1,798.00
0.00 0.00 452.18 0.00 0.00 612.72 0.00 0.00 0.00
0.00 0.00 0.00 2,504.12 500.84 500.84 500.84 500.84 500.84
0.00 0.00 1,579.32 8,794.15 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 244.40 0.00 0.00
0.00 156.11 0.00 1,088.99 597.12 492.65 113.23 0.00 0.00
0.00 0.00 0.00 0.00 776.74 355.27 0.00 341.23 0.00
0.00 0.00 0.00 96.55 73.35 118.54 21.40 268.78 0.00
1,531.64 422.95 1,209.88 1,000.59 1,217.36 563.10 640.86 779.05 663.11
0.00 416.78 2,709.08 1,416.44 450.00 450.00 450.00 450.00 450.00 895.96 951.90 -665.04 1,095.79 929.50 2,044.86 977.97 913.64 823.44
0.00 0.00 0.00 58.08 73.28 38.70 64.47 64.05 64.05
0.00 0.00 0.00 100.00 200.00 0.00 0.00 100.00 100.00
2,427.60 1,947.74 5,285.42 16,154.71 4,818.19 5,176.68 3,013.17 3,417.59 2,601.44 -16,315.65 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
-16,315.65 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
859.38 859.38 859.38 859.38 859.38 859.38 859.38 859.38 859.38 576.97 576.97 576.97 576.97 576.97 576.97 576.97 576.97 576.97 17,436.53 17,436.53 17,436.53 17,925.75 19,775.13 19,775.13 19,775.13 19,775.13 19,775.13 18,872.88 18,872.88 18,872.88 19,362.10 21,211.48 21,211.48 21,211.48 21,211.48 21,211.48 N/O EXPENSE 4,984.83 20,820.62 24,158.30 35,516.81 26,029.67 26,388.16 24,224.65 24,629.07 23,812.92 32,485.33 20,784.60 21,208.93 7,532.35 18,284.45 11,209.11 20,363.58 -8,091.18 10,712.15 TOTAL 27,741.97 23,070.17 24,237.18 285,614.35
NET INCOME -7,503.36 4,590.73 18,565.94 150,142.63
902024 Deprec Exp FAS 141 Bldg Imprv 17,925.75 17,925.75 19,775.13 224,737.62 90200 Total Depreciation & Amortization 19,362.10 19,362.10 21,211.48 241,973.82 902020 Depreciation Expense 859.38 859.38 859.38 10,312.56 902022 Depr Exp FF+E 576.97 576.97 576.97 6,923.64
90100 Total Interest Expense 0.00 0.00 0.00 -16,315.65
90200 Depreciation & Amortization
90100 Interest Expense
901060 Mortgage Interest - 1st Note 0.00 0.00 0.00 -16,315.65 801305 Learning & Development Fees - Due to Roots 500.00 0.00 200.00 1,200.00 80100 Total Non Operating Expense 8,379.87 3,708.07 3,025.70 59,956.18 810210 Payroll Expense (Non Operating) 3,363.41 954.56 942.53 13,228.52 810215 Payroll Processing Fees 255.54 37.46 68.13 723.76 801270 Technology & Software Fee 811.03 966.90 801.09 10,607.56 801320 Reimbursable Expense - Salaries & Wages 3,107.70 450.00 450.00 10,800.00 801250 Corporate Travel - Airfare/Hotel/Car Rental 0.00 0.00 28.96 1,502.20 801260 Corporate Meals/Entertainment 31.05 24.74 34.15 668.56 801190 Homes Construction Management Fee 0.00 0.00 0.00 244.40 801240 Corporate Mileage 311.14 773.57 0.00 3,532.81
801065 Franchise Tax Expense 0.00 500.84 500.84 6,010.00 801100 Prior Year Expense Adjustment 0.00 0.00 0.00 10,373.47 80100 Non Operating Expense
801010 Misc. Expense (Non Operating) 0.00 0.00 0.00 1,064.90 708000 Capital Expenditure Contra 0.00 0.00 -48,364.50 -69,910.08 70800 Total Capital Expenditures Contra 0.00 0.00 -48,364.50 -69,910.08 70500 Total Community Capital Expenditures 0.00 0.00 48,364.50 69,910.08 70800 Capital Expenditures Contra
705017 Plumbing 0.00 0.00 3,449.50 3,449.50
705020 ADA Compliance 0.00 0.00 0.00 13,264.00
705003 Exterior Common Area Lighting 0.00 0.00 0.00 1,798.00 705004 Electrical Improvements & Exterior Lighting 0.00 0.00 0.00 6,483.58 APR 24 JUN 24 SEP 24 TOTAL
705001 Landscaping Improvements 0.00 0.00 44,915.00 44,915.00 PO 00140
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Profit & Loss 12 Month Recap By Period 12/20/24 10:36 AM 5 rentmanager.com - property management systems rev.12.241104 PO 00141
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JAN 24 FEB 24 MAR 24 MAY 24 JUL 24 AUG 24 OCT 24 NOV 24 DEC 24 94,394.99 96,075.42 93,858.00 93,782.59 98,288.78 95,201.26 102,960.70 95,920.40 88,292.32 -39,469.08 -36,964.80 ######## -33,571.66 -35,935.18 -38,712.95 -39,794.36 -60,957.23 -35,606.64 54,925.91 59,110.62 62,851.65 60,210.93 62,353.60 56,488.31 63,166.34 34,963.17 52,685.68 -17,455.75 -17,505.40 ######## -17,161.77 -18,039.48 -18,891.04 -18,578.11 -18,425.28 -18,160.61 37,470.16 41,605.22 45,367.23 43,049.16 44,314.12 37,597.27 44,588.23 16,537.89 34,525.07 -4,984.83 -20,820.62 ######## -35,516.81 -26,029.67 -26,388.16 -24,224.65 -24,629.07 -23,812.92 32,485.33 20,784.60 21,208.93 7,532.35 18,284.45 11,209.11 20,363.58 -8,091.18 10,712.15 Profit & Loss 12 Month Recap By Period 12/20/24 10:36 AM 5 rentmanager.com - property management systems rev.12.241104 Non Operating Expense -27,741.97 -23,070.17 -24,237.18 -285,614.35 NET INCOME -7,503.36 4,590.73 18,565.94 150,142.63
Non Controllable Expense -16,300.91 -16,698.42 -18,444.61 -213,145.80 Net Operating Income 20,238.61 27,660.90 42,803.12 435,756.98 Expense -30,664.03 -33,942.12 -37,256.38 -453,880.78
Controllable NOI 36,539.52 44,359.32 61,247.73 648,902.78 APR 24 JUN 24 SEP 24 TOTAL
NET INCOME SUMMARY
Income 67,203.55 78,301.44 98,504.11 ##########
PO 00142
182
[Caution] External source
From: George Gregory
To: Jill Maland; Phil Scollick; Helen Peak
Cc: TIM SHEAHAN; Michael Valadez; Weston Doyle
Subject: Springdale financials prior
Date: Thursday, March 12, 2026 6:37:53 PM
Attachments: Outlook-eztoemeh.png
Springdale four years financial with cashflow.zip
Jill,
After requesting this information on the 22nd of February I have received the financials and a closing statement. I have the prior four years and a final closing statement showing the price of the park. I'm throwing in the cashflow statement I can produce for the entire property, but it is for May of 25 through December not exactly a full year as I assume you really wanted.
I know this is after the submission date, and I know you do not have to accept it, but I just received it, and in the interest of transparency I am providing what I just received.
Let me know if you need or want anything else.
George Gregory
Director of Residential
Management
T : 858-481-3081
(Ext.104)
F : 858-481-2674
C: 619-372-0385
E : [email protected]
Kleege Enterprises
12625 High Bluff Drive
(Suite 310)
San Diego, CA 92130
PO 00143
183
[Caution] External source
From: George Gregory
To: Jill Maland
Cc: Bruce Kleege; Michael Valadez; TIM SHEAHAN; Helen Peak Subject: Re: Springdale Rent Review Hearing - Incomplete Park Owner Submittal Date: Wednesday, March 11, 2026 12:07:26 PM
Attachments: Outlook-vxsghju2.png
City of San Marcos rent increase submission 03-2026.zip Jill,
See below in red.
1. Profit and loss statements for each of the four calendar or fiscal years preceding the date of the rent increase notice, accompanied by Excel spreadsheets of those statements. We do not have four years of financials. The prior owners cleared the property of all financial information and left just prior resident move out files. We cannot produce what we do not have.
2. A maintenance and capital improvement budget for the current year, including projections of the useful life of each amortized expense. I provided the 2026 Proposed Maintence Schedeule (Budget) and I showed a cost analysis along with a depreciated value on the propposed expense even though it is not an amotorized expense of intangable assets. Amortization expense usually refers to the gradual write- off of the cost of an intangible asset over its useful life. It is a non-cash expense recorded on the income statement to allocate the asset’s cost systematically, similar to depreciation for tangible assets. Common examples of intangible assets that incur amortization expense include patents, trademarks, copyrights, and goodwill. At this time, being that we have owned the property less than 1 year, the write off cost of non - cash expenses for intangible assets are nearly impossible to gage, especially with no prior profit and loss statements from prior ownership. So I did the cost analysis, and a straightined depreciation valued over the life of the proposed tangable expense.
3. A projected maintenance and capital improvement budget for the next (succeeding) year, including projections of the useful life of each amortized expense. 2027 Proposed Maintenance Schedule (Budget) I provided showed a cost analysis along with a depreciated value on the propposed expense even though it is not an amotorized expense of intangable assets. Amortization expense usually refers to the gradual write-off of the cost of an intangible asset over its useful life. It is a non-cash expense recorded on the income statement to allocate the asset’s cost systematically, similar to depreciation for tangible assets. Common examples of intangible assets that incur amortization expense include patents, trademarks, copyrights, and goodwill. At this time, being that we have owned the property less than 1 year, the write off cost of non -cash expenses for intangible assets are nearly impossible to gage, especially with no prior profit and loss statements from prior ownership. So I did the cost analysis, and a PO 00144
184
185
As you know, the Owner’s Written Submission must contain specific financial and operational documents so that residents and the Commission can meaningfully evaluate the basis for any proposed rent increase. To ensure full compliance with the procedures, please provide the following required items:
1. Profit and loss statements for each of the four calendar or fiscal years preceding the date of the rent increase notice, accompanied by Excel spreadsheets of those statements.
2. A maintenance and capital improvement budget for the current year, including projections of the useful life of each amortized expense.
3. A projected maintenance and capital improvement budget for the next (succeeding) year, including projections of the useful life of each amortized expense.
4. The Grant Deed or other written instrument transferring ownership of the property to you, along with all documentation necessary to establish the purchase price of the park.
5. A cash flow analysis excluding pass-through amounts, accompanied by an Excel spreadsheet of that analysis. Pass-through amounts should be provided on a separate schedule.
6. A depreciation schedule for all capital items to be considered as a basis for the increase.
While you provided a copy of the Grant Deed and some information regarding the proposed 2026 and 2027 maintenance, your recent submission did not include much of the required documentation listed above. Instead, it indicated that certain materials were unavailable because the prior owner did not leave financial profit‑and‑loss records or information on prior increases.
However, the Commission’s procedures require that all requested items be submitted— whether through existing records or through newly prepared or reconstructed documentation, including financial statements, tax filings, bank records, vendor invoices, or any other available sources. A statement that documents are unavailable does not meet the submission requirements.
Please provide the required materials as soon as possible so that the review process may proceed in accordance with established procedures. The failure to do so may result in the Commission deeming the application incomplete, ordering the submission of the required documents, and continuing the hearing.
Thank you for your prompt attention to this matter.
Jill D.S. Maland, Senior Counsel
Lounsbery Ferguson Altona & Peak
960 Canterbury Place, Suite 300
Escondido, CA 92025
T: 760-743-1226 ext. 109
F: 760-743-9926
[email protected]
www.lfap.com
PO 00146
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The information contained in this electronic mail transmission is confidential and intended to be sent only to the stated recipient of the transmission. It may therefore be protected from unauthorized use or dissemination by the attorney-client and/or attorney work-product privileges. If you are not the intended recipient or the intended recipient's agent, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. You are also asked to notify us immediately by telephone and to delete this transmission with any attachments and destroy all copies in any form. Thank you in advance for your cooperation.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that, to the extent this communication (or any attachment) addresses any tax matter, it was not written to be (and may not be) relied upon to (i) avoid tax-related penalties under the Internal Revenue Code, or (ii) promote, market or recommend to another party any transaction or matter addressed herein (or in any such attachment).
PO 00147
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188
The City’s consultants have informed us the Springdale’s submittal did not include its 2025 Profit and Loss statement and that the 2022 statement was not provided in an Excel format.
Please provide these at your earliest convenience.
Thank you,
Jill
J
ILL D.S. MALAND, SENIOR COUNSEL
LOUNSBERY FERGUSON ALTONA & PEAK
T: 760-743-1226 EXT. 109
The information contained in this electronic mail transmission is confidential and intended to be sent only to the stated recipient of the transmission. It may therefore be protected from unauthorized use or dissemination by the attorney-client and/or attorney work-product privileges. If you are not the intended recipient or the intended recipient's agent, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. You are also asked to notify us immediately by telephone and to delete this transmission with any attachments and destroy all copies in any form. Thank you in advance for your cooperation.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that, to the extent this communication (or any attachment) addresses any tax matter, it was not written to be (and may not be) relied upon to (i) avoid tax-related penalties under the Internal Revenue Code, or (ii) promote, market or recommend to another party any transaction or matter addressed herein (or in any such attachment).
PO 00149
189
JAN 22 FEB 22 MAR 22 MAY 22 JUL 22 AUG 22 OCT 22 NOV 22 DEC 22 92,820.00 92,820.00 92,820.00 92,820.00 92,820.00 92,820.00 90,982.08 92,820.00 92,820.00 -28,191.59 -25,945.20 -25,945.20 -27,037.20 -25,945.20 -25,059.06 -26,459.29 -25,573.15 -25,573.15 64,628.41 66,874.80 66,874.80 65,782.80 66,874.80 67,760.94 64,522.79 67,246.85 67,246.85 375.00 375.00 375.00 375.00 375.00 375.00 375.00 375.00 375.00
0.00 0.00 0.00 0.00 1,700.00 -250.00 1,100.00 550.00 325.00
0.00 0.00 0.00 25.00 0.00 25.00 0.00 0.00 0.00
0.00 0.00 1,014.38 0.00 0.00 0.00 0.00 0.00 1,039.34
0.00 0.00 0.00 0.00 0.00 0.00 1.06 0.00 0.00
375.00 375.00 1,389.38 400.00 2,075.00 150.00 1,476.06 925.00 1,739.34 7,166.20 11,067.98 8,794.59 8,337.02 8,921.98 10,975.05 12,173.15 4,225.42 8,164.22 2,149.88 2,936.55 2,651.01 2,754.90 2,813.09 2,591.95 3,010.22 2,841.11 2,973.69 2,148.83 1,876.56 1,876.56 1,898.90 1,876.56 1,809.54 1,929.48 1,929.48 1,929.48 4,322.95 7,596.79 5,504.29 3,177.60 3,125.49 2,264.92 2,092.78 2,561.70 3,440.40 3,073.56 3,110.15 3,110.15 3,146.74 3,110.15 3,000.38 3,110.15 2,996.27 3,110.15 18,861.42 26,588.03 21,936.60 19,315.16 19,847.27 20,641.84 22,315.78 14,553.98 19,617.94 -5,094.97 -7,338.97 -5,017.30 -7,269.28 -4,022.72 -4,372.04 -5,371.59 -5,278.47 17,470.52 -5,094.97 -7,338.97 -5,017.30 -7,269.28 -4,022.72 -4,372.04 -5,371.59 -5,278.47 17,470.52
0.00 0.00 0.00 -150.00 0.00 0.00 0.00 0.00 0.00
-1,316.25 -1,316.25 -1,316.25 -1,341.82 -1,341.82 -1,341.82 -1,585.54 -1,400.68 -1,400.68 -1,316.25 -1,316.25 -1,316.25 -1,491.82 -1,341.82 -1,341.82 -1,585.54 -1,400.68 -1,400.68 INCOME 77,453.61 85,182.61 83,867.23 76,736.86 83,432.53 82,838.92 81,357.50 76,046.68 104,673.97
57.15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
75.51 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
1,398.54 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
1,531.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
335.74 68.00 68.00 68.00 204.00 0.00 68.00 68.00 68.00
0.00 0.00 0.00 132.73 144.74 0.00 0.00 0.00 87.83
Profit & Loss 12 Month Recap
Properties: SPRINGDALE ESTATES,TRS SPRINGDALE
Period Range: January 2022 - December 2022 (accrual basis) APR 22 JUN 22 SEP 22 TOTAL
INCOME
41000 Rental Income
410020 Market Rent 92,820.00 93,771.78 94,657.92 1,114,791.78 410030 Loss to Lease -25,945.20 -25,863.91 -25,945.20 -313,483.35 41000 Total Rental Inco 66,874.80 67,907.87 68,712.72 801,308.43 43000 Other Income
431050 Dry Storage S
p 375.00 375.00 375.00 4,500.00
431100 Late Fee 0.00 650.00 475.00 4,550.00
431190 NSF Fees 25.00 25.00 0.00 100.00
431250 Cable TV Incom 0.00 1,013.64 1,057.11 4,124.47
431310 Misc. Income 0.00 0.00 0.00 1.06
43000 Total Other Incom 400.00 2,063.64 1,907.11 13,275.53 44000 Utility Income
440010 Electric Billing I 7,655.69 8,372.41 17,049.84 112,903.55 440020 Water Billing In 2,588.72 2,957.76 3,141.90 33,410.78 440030 Trash Billing In
c 1,831.88 1,854.22 1,929.48 22,890.97
440040 Gas Billing Inco 4,696.25 -242.89 2,377.14 40,917.42 440050 Sewer Billing In 3,036.97 3,073.56 3,110.15 36,988.38 44000 Total Utility Incom 19,809.51 16,015.06 27,608.51 247,111.10 45000 Bad Debt
450010 Bad Debt Rec
o -1,958.03 -1,980.50 -7,362.15 -37,595.50
45000 Total Bad Debt -1,958.03 -1,980.50 -7,362.15 -37,595.50 450000 Credits and Conce
450040 Misc Credit/Rec 0.00 0.00 0.00 -150.00
450030 Employee Unit -1,341.82 -1,341.82 -1,341.82 -16,386.57 450000 Total Credits an -1,341.82 -1,341.82 -1,341.82 -16,536.57 TOTAL 83,784.46 82,664.25 89,524.37 1,007,562.99
EXPENSE
51000 Sales & Marketing
510020 Marketing Exp
e 0.00 0.00 0.00 57.15
510070 Digital Marketin 0.00 0.00 0.00 75.51
510100 Signage 0.00 0.00 0.00 1,398.54
51000 Total Sales & Ma 0.00 0.00 0.00 1,531.20
51500 Resident Services
515010 Tenant Relatio
n 68.00 0.00 68.00 1,083.74
515020 Resident Activit 0.00 0.00 0.00 365.30
Profit & Loss 12 Month Recap By Period 12/20/24 10:35 AM 5 rentmanager.com - property management systems rev.12.241104 PO 00150
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PO 00151
191
JAN 22 FEB 22 MAR 22 MAY 22 JUL 22 AUG 22 OCT 22 NOV 22 DEC 22 335.74 68.00 68.00 200.73 348.74 0.00 68.00 68.00 155.83 4,083.34 4,205.84 4,205.84 4,205.84 4,205.84 4,205.84 4,205.84 4,205.84 4,205.84 2,864.00 2,895.00 1,680.00 1,920.00 1,515.00 1,590.00 1,920.00 1,920.00 1,920.00 -1,231.42 1,048.92 4,089.36 763.50 763.50 763.50 680.78 530.77 530.77 1,027.47 900.37 1,116.24 570.03 463.60 465.97 497.21 484.07 487.96
33.00 86.85 212.98 309.70 47.06 43.98 31.40 28.89 33.67 330.72 331.21 331.21 342.98 383.93 384.16 384.32 391.86 392.58 657.59 420.65 575.55 345.76 315.29 533.75 590.02 577.79 581.36 7,764.70 9,888.84 12,211.18 8,457.81 7,694.22 7,987.20 8,309.57 8,139.22 8,152.18 360.00 700.00 360.00 360.00 975.00 360.00 547.40 712.91 1,783.36
35.13 0.00 0.00 78.49 244.96 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 206.36 -206.36
0.00 0.00 85.29 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 107.69 0.00 0.00 0.00 0.00 0.00 0.00
106.09 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
537.74 42.00 521.88 32.00 919.99 -204.55 0.00 614.09 0.00
0.00 0.00 2,950.00 0.00 0.00 0.00 0.00 0.00 1,055.00
0.00 0.00 0.00 126.37 113.49 76.76 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 206.36
91.00 91.00 91.00 91.00 91.00 91.00 91.00 91.00 91.00
0.00 0.00 0.00 787.61 0.00 0.00 0.00 0.00 0.00
0.00 0.00 213.26 396.52 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 40.94 0.00 0.00 0.00 0.00 0.00
0.00 228.87 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 1,174.10 0.00 0.00 0.00 0.00 0.00
0.00 0.00 71.60 0.00 0.00 0.00 0.00 0.00 0.00
0.00 195.26 0.00 0.00 0.00 0.00 0.00 117.93 0.00
1,129.96 1,257.13 4,400.72 3,087.03 2,344.44 323.21 638.40 1,742.29 2,929.36 8,846.01 12,657.45 11,422.72 8,552.77 8,498.28 11,435.68 11,682.93 9,901.62 9,878.05 3,708.77 3,450.76 4,106.98 3,193.40 4,106.84 4,750.40 4,501.28 4,869.77 4,631.03 2,094.68 2,094.68 2,094.68 539.36 2,218.28 2,053.48 2,202.24 2,148.46 2,252.71 3,513.52 9,834.53 7,226.80 3,247.97 1,910.09 1,789.94 1,021.67 1,191.11 1,415.18 18,162.98 28,037.42 24,851.18 15,533.50 16,733.49 20,029.50 19,408.12 18,110.96 18,176.97 6,090.97 1,891.50 543.70 0.00 727.50 1,872.24 122.07 -868.75 495.00
30.12 30.87 1.13 31.25 31.25 35.71 35.71 35.71 35.71
6,121.09 1,922.37 544.83 31.25 758.75 1,907.95 157.78 -833.04 530.71 APR 22 JUN 22 SEP 22 TOTAL
51500 Total Resident S 68.00 0.00 68.00 1,449.04
52000 Payroll & Benefits
520020 Salaries -Mana 4,205.84 4,205.84 4,205.84 50,347.58 520050 Salaries - Main 1,920.00 1,800.00 1,920.00 23,864.00 520070 Salaries - Bonu 763.50 763.50 -1,481.10 7,985.58 520080 Payroll Taxes 588.27 498.43 537.68 7,637.30
520090 Payroll Process 212.98 -347.96 28.51 721.06
520100 Employee Insur 331.25 383.97 384.32 4,372.51
520110 Worker Comp I 349.90 336.97 593.69 5,878.32
52000 Total Payroll & B 8,371.74 7,640.75 6,188.94 100,806.35 53000 R&M Master
525020 Pool Expense 360.00 360.00 550.00 7,428.67
530020 Clubhouse R&
M 0.00 242.26 194.78 795.62
530050 Maintenance S 0.00 0.00 0.00 0.00
530070 Landscaping Su 40.83 86.63 0.00 212.75
530080 Safety & Secur 0.00 0.00 0.00 107.69
530090 Cleaning Suppl 0.00 0.00 87.23 193.32
530120 Pool Supplies 674.81 481.61 814.70 4,434.27
530130 Plumbing Repa 0.00 0.00 0.00 4,005.00
530135 Plumbing - Sup 0.00 0.00 0.00 316.62
530150 Electrical Repa 1,893.94 0.00 0.00 1,893.94
530155 Electrical - Sup 0.00 0.00 0.00 206.36
530160 Meter Expense 91.00 91.00 91.00 1,092.00
530240 Access Gates & 0.00 0.00 0.00 787.61
530260 Tools/Equipme 43.19 -214.42 0.00 438.55
530265 Equipment Ren 0.00 0.00 0.00 40.94
530270 Parking & Pavin 0.00 0.00 0.00 228.87
530280 Golf Carts Expe 0.00 0.00 0.00 1,174.10
530290 Painting 0.00 0.00 0.00 71.60
530310 Other R&M 0.00 0.00 0.00 313.19
53000 Total R&M Maste 3,103.77 1,047.08 1,737.71 23,741.10 54000 Utility Expenses
540020 Utilities - Electr
4,708.53 8,859.86 13,416.48 119,860.38
540030 Utilities - Water 6,144.18 4,444.19 4,309.25 52,216.85 540040 Utilities - Trash 3,650.00 2,012.28 2,202.24 25,563.09 540050 Utilities - Gas/P 415.93 -1,452.78 958.25 31,072.21 54000 Total Utility Expe 14,918.64 13,863.55 20,886.22 228,712.53 55000 Legal, Regulatory &
550020 Legal Expense 13,433.49 7,522.50 0.00 31,830.22
550050 Public Relation 31.25 31.25 35.71 365.67
55000 Total Legal, Reg 13,464.74 7,553.75 35.71 32,195.89 56000 General & Admin
PO 00152
192
Profit & Loss 12 Month Recap By Period 12/20/24 10:35 AM 5 rentmanager.com - property management systems rev.12.241104 PO 00153
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JAN 22 FEB 22 MAR 22 MAY 22 JUL 22 AUG 22 OCT 22 NOV 22 DEC 22
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
76.88 74.00 73.98 87.83 73.07 73.07 125.51 92.21 92.21
169.94 422.82 39.53 421.36 292.74 175.26 300.78 171.79 168.21 131.90 150.68 89.98 18.70 33.70 101.41 50.03 28.41 145.94
0.00 0.00 0.00 42.22 0.00 0.00 0.00 0.00 92.58
97.58 95.54 101.15 98.64 80.23 94.21 62.73 51.62 43.37
0.00 0.00 0.00 34.88 0.00 0.00 39.00 0.00 60.00
28.30 26.33 40.66 22.94 25.86 24.19 31.45 28.27 31.18
135.14 200.32 135.14 177.77 135.14 215.93 157.43 247.84 156.25
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
2,121.00 0.00 0.00 44.00 0.00 0.00 82.00 495.00 10.00
0.00 0.00 0.00 0.00 0.00 0.00 149.18 0.00 0.00
23.00 0.00 0.00 0.00 34.25 0.00 0.00 0.00 0.00
2,783.74 969.69 480.44 948.34 674.99 684.07 998.11 1,115.14 799.74 EXPENSE 37,829.41 42,143.45 42,556.35 28,258.66 28,554.63 30,931.93 29,579.98 28,342.57 30,744.79 39,624.20 43,039.16 41,310.88 48,478.20 54,877.90 51,906.99 51,777.52 47,704.11 73,929.18 1,215.18 1,215.18 1,215.18 1,215.18 1,271.96 1,029.78 1,164.81 1,164.81 1,164.81
0.00 0.00 0.00 0.00 577.00 0.00 0.00 0.00 0.00
1,215.18 1,215.18 1,215.18 1,215.18 1,848.96 1,029.78 1,164.81 1,164.81 1,164.81 12,808.00 12,808.00 12,808.00 12,808.00 12,808.00 12,808.00 12,808.00 13,155.60 12,877.50
0.00 0.00 0.00 0.00 0.00 19.06 0.00 0.00 0.00
12,808.00 12,808.00 12,808.00 12,808.00 12,808.00 12,827.06 12,808.00 13,155.60 12,877.50 2,476.46 2,775.64 2,666.53 2,520.19 2,623.65 2,616.34 2,556.97 2,439.75 2,616.10 2,476.46 2,775.64 2,666.53 2,520.19 2,623.65 2,616.34 2,556.97 2,439.75 2,616.10 N/C EXPENSE 16,499.64 16,798.82 16,689.71 16,543.37 17,280.61 16,473.18 16,529.78 16,760.16 16,658.41 23,124.56 26,240.34 24,621.17 31,934.83 37,597.29 35,433.81 35,247.74 30,943.95 57,270.77
0.00 0.00 0.00 0.00 7,980.00 750.00 0.00 7,728.88 0.00
4,265.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
28,567.14 2,485.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 8,500.00 0.00 1,170.00 0.00 0.00
32,832.66 2,485.00 0.00 0.00 16,480.00 750.00 1,170.00 7,728.88 0.00 -32,832.66 -2,485.00 0.00 0.00 -16,480.00 -750.00 -1,170.00 -7,728.88 0.00 APR 22 JUN 22 SEP 22 TOTAL
560080 Other Expense 0.00 0.00 100.00 100.00
560090 Cell Phones 74.16 65.40 104.16 1,012.48
560100 Telephone & In 168.38 165.60 171.79 2,668.20
560105 Answering Serv 89.98 13.06 35.81 889.60
560130 Office Supplies 0.00 0.00 0.00 134.80
560140 Bank Charges 99.21 97.03 88.25 1,009.56
560150 Postage/Freigh 35.81 0.00 0.00 169.69
560180 Computer/Softw 22.42 23.61 25.71 330.92
560225 Copier - Printer 135.14 135.14 44.20 1,875.44
560230 Dues & Subscr 42.50 0.00 0.00 42.50
560235 License & Perm 0.00 1,147.00 424.00 4,323.00
560240 Employee Trav 0.00 0.00 0.00 149.18
560300 Prospect Scree 23.00 34.25 0.00 114.50
56000 Total General & 690.60 1,681.09 993.92 12,819.87
TOTAL 40,617.49 31,786.22 29,910.50 401,255.98
CONTROLLABLE NOI 43,166.97 50,878.03 59,613.87 606,307.01
N/C EXPENSE
57000 Insurance Expense
570010 Insurance Prop 1,215.18 1,215.18 1,164.81 14,252.06 570020 Bonds, Fees 0.00 0.00 0.00 577.00
57000 Total Insurance E 1,215.18 1,215.18 1,164.81 14,829.06 58000 Property Tax
580010 Property Tax Ex 12,808.00 19,895.19 12,808.00 161,200.29 580020 Personal Prope 0.00 0.00 0.00 19.06
58000 Total Property Ta 12,808.00 19,895.19 12,808.00 161,219.35 59000 Property Managem
590010 % Managemen 2,572.28 2,539.34 2,906.59 31,309.84 59000 Total Property M 2,572.28 2,539.34 2,906.59 31,309.84 TOTAL 16,595.46 23,649.71 16,879.40 207,358.25
NOI 26,571.51 27,228.32 42,734.47 398,948.76
N/O EXPENSE
70500 Community Capital
705001 Landscaping I
m 0.00 0.00 2,145.00 18,603.88
705004 Electrical Impro 0.00 0.00 0.00 4,265.52
705008 Clubhouse/Lea 0.00 0.00 0.00 31,052.14
705010 Pool 0.00 4,102.92 0.00 4,102.92
705017 Plumbing 9,000.00 0.00 0.00 18,670.00
70500 Total Community 9,000.00 4,102.92 2,145.00 76,694.46 70800 Capital Expenditure
708000 Capital Expend -9,000.00 -4,102.92 -2,145.00 -76,694.46 Profit & Loss 12 Month Recap By Period 12/20/24 10:35 AM 5 rentmanager.com - property management systems rev.12.241104 PO 00154
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JAN 22 FEB 22 MAR 22 MAY 22 JUL 22 AUG 22 OCT 22 NOV 22 DEC 22 -32,832.66 -2,485.00 0.00 0.00 -16,480.00 -750.00 -1,170.00 -7,728.88 0.00
0.00 0.00 0.00 800.00 0.00 0.00 0.00 0.00 0.00
0.00 120.06 0.00 0.00 0.00 0.00 0.00 0.00 0.00
196.35 0.00 301.40 0.00 0.00 0.00 0.00 0.00 140.63
0.00 0.00 0.00 316.90 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 44.91 0.00 0.00 0.00 0.00 0.00
887.89 840.36 639.94 1,553.93 659.38 1,160.76 875.02 1,217.04 805.08 579.10 686.63 3,297.28 754.70 690.84 646.92 658.25 699.63 762.34 1,663.34 1,647.05 4,238.62 3,470.44 1,350.22 1,807.68 1,533.27 1,916.67 1,708.05 17,544.72 15,820.67 17,481.05 17,420.70 17,359.96 17,330.37 17,269.04 16,683.04 17,207.31 17,544.72 15,820.67 17,481.05 17,420.70 17,359.96 17,330.37 17,269.04 16,683.04 17,207.31 1,860.49 1,860.49 1,860.49 1,860.49 1,860.49 1,860.49 1,860.49 1,860.49 1,860.49 306.89 306.89 306.89 306.89 306.89 306.89 306.89 306.89 306.89 859.38 859.38 859.38 859.38 859.38 859.38 859.38 859.38 859.38 500.56 500.56 500.56 500.56 500.56 500.56 500.56 500.56 576.97 16,649.92 16,649.92 16,649.92 16,649.92 16,649.92 16,649.92 16,649.92 16,649.92 17,292.81 20,177.24 20,177.24 20,177.24 20,177.24 20,177.24 20,177.24 20,177.24 20,177.24 20,896.54 N/O EXPENSE 39,385.30 37,644.96 41,896.91 41,068.38 38,887.42 39,315.29 38,979.55 38,776.95 39,811.90 -16,260.74 -11,404.62 -17,275.74 -9,133.55 -1,290.13 -3,881.48 -3,731.81 -7,833.00 17,458.87 APR 22 JUN 22 SEP 22 TOTAL
70800 Total Capital Exp -9,000.00 -4,102.92 -2,145.00 -76,694.46 80100 Non Operating Exp
801065 Franchise Tax E 0.00 0.00 0.00 800.00
801190 Homes Constru 0.00 0.00 0.00 120.06
801240 Corporate Milea 0.00 0.00 0.00 638.38
801250 Corporate Trav 0.00 295.98 0.00 612.88
801260 Corporate Mea 0.00 0.00 0.00 44.91
801270 Technology & S 1,802.14 1,092.24 1,389.23 12,923.01 810210 Payroll Expens 738.37 722.82 1,287.64 11,524.52
80100 Total Non Opera 2,540.51 2,111.04 2,676.87 26,663.76 90100 Interest Expense
901060 Mortgage Intere 16,888.89 16,830.30 16,742.59 204,578.64 90100 Total Interest Ex 16,888.89 16,830.30 16,742.59 204,578.64 90200 Depreciation & Am
902010 Amortization Ex 1,860.49 1,860.49 1,860.49 22,325.88 902012 Amortization M 306.89 306.89 306.89 3,682.68
902020 Depreciation Ex 859.38 859.38 859.38 10,312.56
902022 Depr Exp FF+E 500.56 500.56 500.56 6,083.13
902024 Deprec Exp FA 16,649.92 16,649.92 16,649.92 200,441.93 90200 Total Depreciatio 20,177.24 20,177.24 20,177.24 242,846.18 TOTAL 39,606.64 39,118.58 39,596.70 474,088.58
NET INCOME -13,035.13 -11,890.26 3,137.77 -75,139.82
Profit & Loss 12 Month Recap By Period 12/20/24 10:35 AM 5 rentmanager.com - property management systems rev.12.241104 PO 00156
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Jan 2025 Feb 2025 Mar 2025 Apr 2025 May 2025 Jun 2025 Jul 2025 Aug 2025 Sep 2025 Oct 2025 Nov 2025 Dec 2025 Total 4000-0001 INCOME
4001-0000 RENT & OTHER INCOME
4001-0038 Prepaid Income 0.00 0.00 0.00 0.00 69,872.44 103,052.48 -19,902.59 -67,533.11 -84,829.84 -405.14 82,031.68 90,984.39 173,270.31 4001-0077 Residential Rent 0.00 0.00 0.00 5,181.07 0.00 -438.67 85,392.65 136,354.96 137,405.18 71,982.60 12,945.86 0.00 448,823.65 4001-0097 Storage Rent 0.00 0.00 0.00 0.00 0.00 0.00 0.00 800.00 0.00 0.00 0.00 0.00 800.00 4001-0107 Other Income 0.00 0.00 0.00 0.00 0.00 0.02 0.00 0.00 408.42 0.00 0.00 0.00 408.44 4001-0125 Community Fee Income 0.00 0.00 0.00 0.00 0.00 0.00 40.00 206.39 483.61 0.00 0.00 0.00 730.00 4001-0127 Parking Income 0.00 0.00 0.00 0.00 0.00 599.91 925.30 821.82 652.88 600.09 100.00 0.00 3,700.00 4001-1000 TOTAL RENT & OTHER INCOME 0.00 0.00 0.00 5,181.07 69,872.44 103,213.74 66,455.36 70,650.06 54,120.25 72,177.55 95,077.54 90,984.39 627,732.40 4700-0000 RECOVERIES
4700-0040 Gas Recovery 0.00 0.00 0.00 -6,908.87 0.00 -1,027.39 4,678.82 2,671.81 5,787.56 2,507.32 274.47 0.00 7,983.72 4700-0045 Trash Recovery 0.00 0.00 0.00 0.00 0.00 -60.73 2,559.08 5,559.07 5,317.82 3,100.54 552.86 0.00 17,028.64 4700-0047 Trash Recovery - Prior Year 0.00 0.00 0.00 0.00 0.00 0.00 30.73 0.00 0.00 0.00 0.00 0.00 30.73 4700-0050 Water Recovery 0.00 0.00 0.00 -4,041.04 0.00 -214.29 6,074.96 4,542.08 6,907.45 3,823.54 590.42 0.00 17,683.12 4700-0055 Sewer Recovery 0.00 0.00 0.00 0.00 0.00 27.59 2,843.91 6,269.00 5,715.04 3,036.97 552.62 0.00 18,445.13 4700-0060 Electricity Recovery 0.00 0.00 0.00 -10,776.09 0.00 -0.30 13,751.42 6,836.10 18,224.80 14,819.20 1,673.64 0.00 44,528.77 4700-0105 NSF Fee Reimbursements 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 25.00 0.00 25.00 4700-1000 TOTAL RECOVERIES 0.00 0.00 0.00 -21,726.00 0.00 -1,275.12 29,938.92 25,878.06 41,952.67 27,287.57 3,669.01 0.00 105,725.11 4999-9999 TOTAL INCOME 0.00 0.00 0.00 -16,544.93 69,872.44 101,938.62 96,394.28 96,528.12 96,072.92 99,465.12 98,746.55 90,984.39 733,457.51 5000-0001 OPERATING EXPENSE
5000-1000 RECOVERABLE EXPENSE
5000-5000 TAXES & INSURANCE
5050-0000 Real Property Tax (Secured) 0.00 0.00 0.00 27,332.66 0.00 0.00 0.00 0.00 0.00 0.00 82,760.34 -22,520.08 87,572.92 5070-0500 Umbrella Insurance 0.00 0.00 0.00 0.00 0.00 16,562.96 0.00 0.00 685.02 0.00 0.00 0.00 17,247.98 5099-9998 TOTAL TAXES & INSURANCE 0.00 0.00 0.00 27,332.66 0.00 16,562.96 0.00 0.00 685.02 0.00 82,760.34 -22,520.08 104,820.90 5099-9999 UTILITIES
5155-0120 Electricity 0.00 0.00 0.00 -15,396.73 0.00 13,664.95 19,077.92 26,363.74 40,476.49 30,460.52 0.00 29,060.87 143,707.76 5155-0130 Electricity - Climate & Gen. Credit/CARE, FERA Discount 0.00 0.00 0.00 0.00 0.00 -4,854.47 -8,572.00 -11,894.27 -24,799.22 -13,068.18 0.00 -14,515.94 -77,704.08 5155-0135 Gas 0.00 0.00 0.00 0.00 0.00 5,189.92 3,610.79 3,544.44 3,153.79 3,131.61 0.00 8,497.39 27,127.94 5155-0140 Gas - Climate Credit/CARE Discount/Other 0.00 0.00 0.00 0.00 0.00 -1,762.52 -1,623.73 -1,767.10 -1,597.69 -1,617.76 0.00 -3,423.51 -11,792.31 5155-0155 Water 0.00 0.00 0.00 -1,104.82 0.00 3,171.39 5,057.95 5,277.73 5,477.53 5,044.63 5,444.23 5,211.13 33,579.77 Springdale Estates MHP (spring)
Statement (12 months)
Period = Jan 2025-Dec 2025
Book = Cash ; Tree = ysi_is