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13 ATTACHMENTS
City of Pleasanton
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CITY CLERK
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2009
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081809
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13 ATTACHMENTS
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1/15/2010 2:02:26 PM
Creation date
8/13/2009 4:33:48 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
8/18/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
13
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4.3 "Conversion Date Conversion Date is defined as the date of the first sale of a <br /> space /lot in the Park. The Conversion Date will be no earlier than ten (10) years from the date <br /> the final map for the conversion is recorded. <br /> 4.4 No Actual Displacement. Each Resident Household will be given the choice to <br /> buy the space on which its mobilehome is situated or to continue its tenancy in the Park under <br /> this Tenant Impact Report. To receive the protections provided herein and under the California <br /> Subdivision Map Act, the Resident must be a Resident, as defined in Section 1.2(b). Further, the <br /> Park Owner has specifically waived its right to terminate tenancies (See Section 3). Therefore, <br /> there will be no actual eviction of any Resident or relocation of their mobilehome by reason of <br /> the Park conversion to Resident ownership. <br /> 4.5 Conclusion: No Actual Nor Economic Evictions. The legislative intent behind <br /> relocation mitigation assistance as contained in Government Code Section 66427.4 was to ensure <br /> that Residents who were being actually evicted due to the conversion of a mobilehome park to <br /> another use were protected, and that a plan was submitted and approved to ensure that protection. <br /> The purpose for the more typical impact report is to explain how and when the Residents have to <br /> vacate the property, and what financial assistance the Residents would be receiving to assist in <br /> the costs of removing their mobilehome and other personal effects. However, under the present <br /> conversion, which will not result in another use and vacation of the property, the purpose of this <br /> Tenant Impact Report is to explain the options of the Residents and Resident Households <br /> regarding their choice to purchase or to rent their space. The Park Owner has agreed, by this TIR, <br /> to waive its right to terminate existing tenancies and Leases upon the conversion (See Section 3 <br /> above), and any Resident Household who chooses not to purchase a PUD /Condominium Interest <br /> (defined below) may reside in the Park as set forth in Section 3 and Section 4.2 above. Thus, <br /> there will be no economic displacement based on the Map Act Rents nor actual eviction of any <br /> Resident because of the conversion and, therefore, no relocation mitigation is required. <br /> 4.6 Application of Rent Stabilization Agreement for Residents who have Entered <br /> into a Conversion Committee Agreement. Because a majority of the Resident Households <br /> who responded to a survey of support conducted pursuant to Government Code 66427.5 have <br /> supported conversion of the Park to Resident ownership, the Park Owner has agreed to continue <br /> to abide by the rent stabilization terms set forth in the Rent Stabilization Agreement in effect on <br /> the Conversion Date for Residents who satisfy the following requirements: (i) whose Resident <br /> Household does not qualify as a lower income Resident Household, (ii) whose Resident <br /> Household elects not to purchase the space on which their mobilehome is situated and to <br /> continue their tenancy, and (iii) that have entered into and agreed to abide by the terms of a <br /> Conversion Committee Agreement with the Park Owner. Each Resident that has entered into a <br /> Conversion Committee Agreement agrees to support conversion of the Park to Resident <br /> ownership as more particularly described therein. The rent stabilization terms provided under <br /> the Rent Stabilization Agreement then in effect will remain in effect for each Resident that <br /> satisfies the foregoing requirements until the date such Resident no longer occupies the space on <br /> which their mobilehome is situated. If however, the Rent Stabilization Agreement terminates <br /> prior to the date such Resident no longer occupies their space, then the rent stabilization terms <br /> pursuant to the Rent Stabilization Agreement that existed immediately prior to the termination <br /> date will continue to apply but subject to increases based on the average monthly percentage <br /> increases in the CPI for the most recently reported period. The foregoing terms regarding <br /> DMM: az /159181_4.DOC/051308/4640.001] 5 <br />
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