HomeMy WebLinkAboutRRC-03RESOLUTION NO. RRC-3
A RESOLUTION OF THE PALM DESERT RENT REVIEW COMMISSION
APPROVING THE STIPULATED AGREEMENT AND ORDER OF THE RENT
REVIEW COMMISSION REGARDING INDIAN SPRINGS MOBILE HOME PARK
WHEREAS, on February 18, 2009, the Palm Desert Rent Review Commission ("Commission") considered
and approved, by unanimous vote and subject to the modifications and conditions described below, the Stipulated
Agreement and Order of the Rent Review Commission ("Order") proposed by the Indian Springs Mobile Home Park
("Park") and the Indian Springs Mobile Home Owners Association ("Association") and consented to by 89% of the
residents of the Park ("Residents") to resolve the issues between the Park and the Residents that are delineated in
the Order; and
WHEREAS, approval of the Order was conditioned on: (1) revision of the proposed Order to conform to
changes agreed to by the Parties and read into the record of the hearing by Judge Taylor; and (2) execution by the
Park, Association, and City of Palm Desert of Three Related Settlement Agreements prior to the close of business
on February 27, 2009; and
WHEREAS, the specified revisions have been made and agreed to by the Parties and are incorporated into
the final Order attached to this Resolution; and the Three Related Settlement Agreements have been executed and
submitted to the City prior to the close of business on February 27, 2009;
NOW, THEREFORE, IT IS RESOLVED by the Rent Review Commission of the City of Palm Desert,
California as follows:
That the Stipulation attached hereto is approved as the Final and Binding Order of the Rent Review
Commission as to all matters set forth in the Stipulation.
PASSED, APPROVED, AND ADOPTED this 18th day of February, 2009, by the Rent Review Board of
the City of Palm Desert, California, by the following vote, to wit:
AYES: ADAMS, KOFFLER, TORSNEY, WERCHICK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
illiam Adams, Cit an
Rent Review Comi'ni ion
ATTEST:
Frankie Riddle, Secretary
Rent Review Commission
APPROVED AS TO FORM:
David J. Erwip!City Attorney
RMPUB\RHARGREAvEs\305629.1
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RESOLUTION NO. RCC-3
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BEFORE THE PALM DESERT RENT REVIEW COMMISSION
INDIAN SPRINGS MOBILEHOME PARK
STIPULATED AGREEMENT AND
) ORDER OF THE RENT REVIEW
COMMISSION
I. Introduction and Purpose.
This matter involves the Residents of Indian Springs Mobilehome Park (Residents) and
their Homeowners' Association (Association), and IS Palm Desert, LP, a California limited
partnership (formerly known as Indian Springs LTD.), the owner of Indian Springs Mobilehome
Park (Park Owner). This Stipulation and Agreement resolve Park Owner's two Capital
20 Improvement rent increase applications; Park Owner's Hardship rent increase application; Park
21 Owner's Petition for Legal Interpretations of the City's Rent Control Ordinance and the issues
22 therein; Residents' Petitions for Legal Interpretations of the City's Rent Control Ordinance and the
23 issues therein; and the Residents' challenge to Park Owner's August 1, 2008 rent increase and the
24 issues raised therein and all briefs submitted in support of same, as follows:
25 1. Park Owner's Capital Improvement Rent Increase Application ($329.57) dated 6/07/06
26 2. Resident's Request for Petition for Interpretation of the City of Palm Desert's Mobile
Home Park Rent Review Ordinance Chapter 9.50 and Related Guidelines dated
27 08/14/06
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1 3. Resident's Amendment to Request for Petition for Interpretation of the City of Palm
Desert's Mobile Home Park Rent Review Ordinance Chapter 9.50 and Related
2 Guidelines datedl/18/07
3 4. Park Owner's Capital Improvement Rent Increase Application ($86.05) dated 03/31/08
4 5. Residents' Petition for Further Interpretation of Chapter 9.50 of the Palm Desert
Municipal Code dated 04/10/08
6. Park Owner's Petition for Interpretation of Chapter 9.50 of the Palm Desert Municipal
6 Code dated 05/09/08
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7 7. Residents' Formal Objections and Request for Further Clarification to City Attorney
Opinion and Recommendation dated 08/07/08
8. Park Owner's Hardship Rent Increase Application ($314.44) dated 09/29/08
The purpose of this Stipulation, Agreement and Order is to resolve these matters without
the necessity of further administrative or judicial proceedings and to resolve issues touching the
conversion of the Park to resident ownership for all spaces except those seventeen listed in Section
IV(A)4 below.
II. Factual and Procedural Summary.
A. The Park's Base Rents and Base CPI/Residents' Overcharge Claims
Indian Springs Mobilehome Park (Park) is located in the City of Palm Desert (City). The
Park has 191 total spaces for mobilehomes. Rent increases in the Park for rent controlled spaces
are governed by Chapter 9.50 of the City's Municipal Code titled Mobile Home Park Rent Review
(the Ordinance).
The City first adopted mobilehome rent control on June 23"I, 1983 by Ordinance 329. Over
the years the City has amended the mobilehome rent control ordinances on several occasions
including repealing and adopting several provisions. These repeals and amendments include
repealing and amending the formulae for annual cost of living increases. Over the years, the Park
Owner had also petitioned under the provisions of the Ordinance for and obtained from the Rent
Review Commission several "hardship" and "capital improvement" rent increases in excess of the
automatic annual cost of living increases provided in the Ordinance. The Park's last completed
hardship rent increase was filed in 1987 and became effective in 1988.
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1 A series of disputes have arisen between the Park Owner and the Residents over the
2 appropriate base rents before and after the 1988 hardship rent increase -- including the Park's 1989
3 rents and thereafter. These disputes involve the base rents, subsequent costs of living increases,
4 capital improvement rent increases, and the appropriate Consumer Price Index base month to use in
5 the City's present formula addressing future ongoing calculations of Park rents, and interpretation
6 of all these issues under the various versions of the Ordinance. The Residents submitted a Request
7 for Legal Interpretation on August 14, 2006 and amended its Petition on January 18, 2007. In
8 response, the City Attorney issued an Opinion dated October 9, 2006 which failed to resolve the
9 parties' disputes. The Residents and the Park Owner both submitted Petitions for Legal
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Interpretation, as well as various briefs in support thereof. These issues are but some of all of the
issues resolved in this stipulated Agreement which issues are more particularly spelled out in the
various petitions for interpretation filed by the Residents and the Park Owner and petitions for rent
increase filed by the Park Owner with the City.
These issues and disputes came to a head when, on or around April 25, 2008, the Park
Owner distributed a rent increase Notice (Notice) to the Residents. The Notice is dated April 25,
2008. The Notice informed the Residents of a rent increase scheduled to take effect on August 1,
2008. The Notice described its reasons for raising the rent under the Ordinance and included a cost
of living CPI adjustment. The Park Owner mailed the Notice to the Residents as required by the
Ordinance. After receiving the Notice, the Residents filed objections with the Rent Review
Commission as to the legitimacy of the rents reflected in the rent increase notice.
On July 23, 2008, the City Attorney released an Opinion (Opinion) on Park rents and
22 thereafter, the Park Owner issued rent statements to the Residents which reflected a lower CPI rent
23 increase in an attempt to comply with the City Attorney's Opinion. The Residents continued in
24 their objections before the Commission as to both the noticed rents and statement rents. On August
25 7, 2008, the Residents filed formal objections and a request for further interpretation of the July 23,
26 2008 City Attorney Opinion. At the request of the Board, the Residents and the Park Owner both
27 submitted further briefs in support of the Petitions for Legal Interpretation.
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1 While the Residents objections and requests for interpretations were before the Rent
2 Review Commission, the rents reflected in the Park Owner's rent statements took effect on August
3 1, 2008. All of these above stated rent issues, including the rents as of August 1, 2008, are
4 presently before the Rent Review Commission for its action.
5 On September 18, 2008, the City Attorney released a Clarification of the July 23, 2008 City
6 Attorney opinion (Clarification). The Opinion and Clarification specifically declined to address
7 pre-1996 versions of the Ordinance and all issues related to it.
8 B. Park Owner's $314.44 Hardship Rent Increase Application
9 i On September 29, 2008, the Park Owner filed with the City a petition for a hardship rent
10 increase of $314.44. A rent increase notice was issued by the Park Owner to the Residents
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effective January 1, 2009. The hardship rent increase application was based upon the City and Rent
Commission's maintenance of net operating income formula and was partly to demonstrate to the
Commission and the Residents that the Park Owner has not been overcharging Residents for rents.
The Park Owner's petition for a $314.44 rent increase is presently before the Rent Review Board
for its action.
C. Park Owner's $329.57 Capital Improvement Rent Increase Application
On June 7, 2006, the Park Owner submitted a Capital Improvement Rent Increase
18 Application seeking a monthly rent increase of $329.57. On July 10, 2007, the Rent Review
19 Commission denied the application for a capital improvement rent increase. Within ten days of the
20 decision, the Park Owner requested the City prepare the administrative record for the $329.57 Rent
21 Increase application. It has been the intent of the Park Owner to seek court review of the Rent
22 Review Commission's decision under Code of Civil Procedure Section 1094.5. That matter is
23 presently pending the City's production of the Administrative Record. The Parties had agreed to
24 stay the production of the Administrative Record pending the outcome of these proceedings.
25 D. Park Owner's $86.05 Capital Improvement Rent Increase Application
26 On March 31, 2008, the Park Owner submitted a Capital Improvement Rent Increase
27 Application seeking a monthly rent increase of $86.05 per space. On September 22, 2008, the Rent
28 Review Commission denied the application for a capital improvement rent increase. Within ten
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1 days of the decision, the Park Owner requested the City prepare the Administrative Record on the
2 $86.05 Rent Increase application. It has been the intent of the Park Owner to seek court review of
3 the Rent Review Commission's decision under Code of Civil Procedure Section 1094.5. That
4 matter is presently pending adoption by the Rent Review Commission of a final order.
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III. Governing Law. The Ordinance authorizes stipulated agreements.
Ordinance Section 9.50.080 entitled "Agreements" allows for the settlement of disputes
involving rents. It provides:
"Nothing in this chapter shall operate to restrict the right of tenants and management
to enter into agreements providing for a fixed term and/or a fixed rent for mobile
home tenancies. Such an agreement may be entered into by an individual tenant and
management. Such agreement shall apply to all the spaces in a mobile home park
provided that four -fifths of the occupied spaces consent to such agreement. The
parties to the agreement shall provide the city with satisfactory proof of consent.
If the tenants are represented by an association, then if otherwise permitted by law, a
majority of the association's board of directors, or similar governing body, may
enter into such agreement with the consent of four -fifths of the occupied spaces.
(Ord. 560 § 2, 1988: Ord. 456 § 2 (part), 1986)"
The Residents' Homeowners Association has polled the Residents of Indian Springs
Mobilehome Park and 89% of the Residents have consented to the following terms of this
Stipulation and Agreement.
Notwithstanding Ordinance Section 9.50.080 and the stipulated agreement and settlement
between the Residents and the Park Owner, all seventeen spaces listed in section IV(A)4 below are
excluded from these findings and these Space Tenants and the Park Owner reserve all rights and
remedies under the law to pursue all issues raised in the various petitions before the City with the
exception that all claims raised in the $329.57 and $86.05 Capital Improvements Applications and
the sewer component of the $314.44 Hardship Application are expressly waived by the Park Owner
and the Park Owner agrees not to challenge the City's $329.57 and $86.05 decisions in any forum.
24 IV. Terms of Agreement. The Terms of this Stipulation and Agreement are as follows:
25 A) Base Date Rents, Base Date CPI and Base Year.
26 Subject to the specific reservations of the Parties as outlined above in Section III involving
27 the seventeen spaces in Section IV(A)4, the Parties agree to the following:
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RESOLUTION NO. RRC-3
1 1) That the base rent going forward for all spaces are the rents as of August 1, 2008 and
2 the base CPI is March 2008 and the base year is 2008. Owner will not take another CPI
3 rent increase unless conversion of the park has not occurred by November 1, 2009, in
4 which case he is entitled to take a CPI increase on November 1, 2009. Such CPI
5 increase will use the August 1, 2008 base rents, the CPI-W of March 2008 base CPI,
6 and the July 2009 CPI (or, the most recent CPI available at the time of the required
7 ; notice) and is subject to all notice periods and requirements and other provisions of the
8 Ordinance. Owner also understands that if the conversion has not occurred by then, the
9 next CPI increase he will be entitled to will be November 1, 2010 and that from
10 November 1, 2009 forward, if the conversion does not occur, annual CPI increase will
11 be November 1, of each year or later.
12 2) That the base rents prior to August 1, 2008 and the base CPI prior to March 2008 are
13 now moot in light of settlement of the base rent and base CPI. All petitions by Park
14 Owner and Residents for interpretation and/or clarification are withdrawn by both Park
15 Owner and Residents except as for issues as outlined above in Section III related to the
16 ' rights of the Parties concerning spaces identified in section IV(A)4 below.
17 3) Residents withdraw their rent overcharge claims, relinquish such claims, and agree
18 never to file such claims again in any forum except as for issues related to the rights of
19 the Parties concerning spaces identified in section IV(A)4 below unless the Park
20 conversion does not occur by September 30, 2010, in which case the Association and
21 Residents reserve all their rights under the Ordinance to pursue any new or other claims
22 not raised in their previous petitions as enumerated in Section I.
23 4) With respect to spaces 25, 37, 43, 46, 47, 72, 84, 85, 86, 103, 111, 112, 117, 125, 137,
24 139 and 142 (which were once on long term leases) no rights are waived by these Space
25 Tenants and the Park Owner (with the exception that all claims raised in the $329.57
26 and $86.05 Capital Improvements Applications and the sewer component of the
27 $314.44 Hardship/Fair Return Application are expressly waived by the Park Owner and
28 the Park Owner agrees not to challenge the City's $329.57 and $86.05 decisions in any
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forum. The issues of legal interpretations and rent overcharge and roll back of rents and
allowable rent increases are reserved and not a part of this agreement. As to these
seventeen spaces, the Tenants of these spaces and the Park Owner have elected to
proceed under the Ordinance.
Notwithstanding Ordinance Section 9.50.080 and the stipulated agreement and
settlement between the Residents' and the Park Owner, all seventeen spaces listed
above are excluded from these findings and these Space Tenants and the Park Owner
reserve all rights under the law to pursue all issues raised in the various petitions before
the Board and any other remedy available to them (again, with the exception that all
claims raised in the $329.57 and $86.05 Capital Improvements Applications and the
sewer component of the $314.44 Hardship/Fair Return Applications are expressly
waived by the Park Owner and the Park Owner agrees not to challenge the City's
$329.57 and $86.05 decisions in any forum).
It is possible that a settlement may be reached for these spaces also, but it is not
necessary that these be settled to fully effectuate the present settlement. If it is
necessary for that issue to come before the Board, the parties request that such a hearing
does not occur for at least 30 days after the February 18, 2009 hearing on these findings.
B) Park Owner's $329.57 Capital Improvement Rent Increase Application.
19 Park Owner withdraws its $329.57 Capital Improvement rent increase Application and will
20 not challenge the decision of the Rent Review Commission related to this Capital Improvement.
21 Park Owner will not file another Capital Improvement Application unless the Park conversion does
22 not occur by September 30, 2010, in which case the Park Owner reserves its rights under the
23 Ordinance to file new Capital Improvement Rent Increase Applications unrelated to claims raised
24 in the $329.57 and $86.05 sewer Capital Improvements Applications and the sewer component of
25 the $314.44 Hardship Application.
26 Park Owner also reserves the right to file new Capital Improvement Applications, pursuant
27 to the City's Rent Control Guidelines, section 101(c), occurring before Conversion of the Park
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RESOLUTION NO. RRC-3
1 1) Two-thirds of the tenant approve a "new improvement";
2 2) Majority of tenants approve a "capital improvements to modernize upgrade or refurbish
3 already existing improvements"; or
4 3) An "involuntary improvement" is required by a governmental entity or by an act of God
5 , or a natural disaster. The Park Owner and his representatives represent that they are not aware of
6 any requirements by any state, federal or local governmental entity of an "involuntary
7 improvement." If a Capital Improvement Application is filed by the Park Owner under this section
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and the Residents and or Association present evidence that the Owner and/or his representatives
(including his legal counsel) had knowledge of this requirement on or before the execution of this
Order by the Rent Review Commission, that can alone be grounds for denial of such Capital
Improvement Application.
C) Park Owner's $86.05 Capital Improvement Application.
Park Owner withdraws its $86.05 Capital Improvement rent increase Application and will
not challenge the decision of the Rent Review Commission related to this Capital Improvement.
Park Owner will not file another Capital Improvement Application unless the Park conversion does
not occur by September 30, 2010, in which case the Park Owner reserves its rights under the
Ordinance to file new Capital Improvement Rent Increase Applications unrelated to claims raised
in the $329.57 and $86.05 sewer Capital Improvements Applications and the sewer component of
the $314.44 Hardship Application.
20 Park Owner also reserves the right to file new Capital Improvement Applications, pursuant
21 to the City's Rent Control Guidelines, section 101(c), occurring before Conversion of the Park
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23 1) Two-thirds of the tenant approve a "new improvement";
24 2) Majority of tenants approve a "capital improvements to modernize upgrade or refurbish
25 already existing improvements"; or
26 3) An "involuntary improvement" is required by a governmental entity or by an act of God
27 or a natural disaster. The Park Owner and his representatives represent that they are not aware of
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RESOLUTION NO. RRC-3
1 improvement." If a Capital Improvement Application is filed by the Park Owner under this section
2 and the Residents and or Association present evidence that the Owner and/or his representatives
3 (including his legal counsel) had knowledge of this requirement on or before the execution of this
4 Order by the Rent Review Commission, that can alone be grounds for denial of such Capital
5 • Improvement Application.
6 , D) Park Owner's $314.44 Hardship Rent Increase Application.
7 Park Owner withdraws its $314.44 Hardship Rent Increase Application except as to the
8 seventeen spaces identified in section IV(A)4 and will not file another one with the City unless the
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Park conversion does not occur by September 30, 2010, in which case the park owner reserves its
rights under the Ordinance to file new Hardship Rent Increases if necessary. Any future Hardship
Rent Increase Application (including any against the seventeen spaces identified in section
IV(A)(4) will not include any line item related to the sewer claims in the $329.57 and $86.05
Capital Improvements Applications and the $314.44 Hardship/Fair Return Application.
V. Dismissal of All Petitions. The Residents and Park Owner agree that in exchange for this
Stipulation and Settlement Agreement being approved and adopted by the Rent Review
Commission as a settlement and its Order, the Rent Review Commission shall dismiss all Petitions,
requests and objections and not conduct further proceedings in this matter and on all issues
presented in filings before the Commission with the exception of those spaces listed in IV(A)4.
VI. No 2008 Rent Increase Notice to Residents. The Residents and Park Owner agree that no
20 new notice of 2008 rent increase is required under the terms of this Stipulation and Settlement
21 Agreement.
22 A. Binding Nature of Stipulation. The foregoing, when approved by the Rent Review
23 Commission, shall constitute its final decision pursuant to Section 9.50.070 on all of the Petitions
24 ' presently before the Rent Review Commissions, and a binding Settlement agreement between the
25 Residents and Park Owner under Section 9.50.080 and shall bind all parties to these proceedings as
26 well as all Rent Control Residents of Indian Springs Mobilehome Park regardless of whether or not
27 said parties participated in these proceedings, with the exception of those spaces listed in IV(A)4.
28 The binding effect of this Settlement and Order, as to all such persons, however situated, is based
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1 upon the Rent Review Commissions review of all the documents submitted herein, all
2 documentation and arguments presented to the Rent Review Commission throughout these
3 proceedings, and is intended to act as a final and full determination of all disputes concerning the
4 issues before the Commission with the exception of rights reserved in Section IV(A)4.
5 ; B. Waiver of Appeal Rights. With the exception of the rights reserved in Section
6 IV(A)4, the parties hereto waive any and all rights of appeal from this Decision, Stipulation,
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David Erman
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Agreement and Order, or any right they might have to challenge this Decision, Stipulation,
Agreement and Order by Writ of Mandate or otherwise, and this Decision, Stipulation, Agreement
and Order is intended as a full and final disposition of claims concerning the issues presented in all
the proceedings before the Commission. This Decision, Stipulation, Agreement and Order
constitutes a binding and informed waiver of those appeal rights which might otherwise apply
pursuant to California Code of Civil Procedure Section 1094.5 and/or pursuant to Sections
9.50.090; 9.50.100; 9.50.140; or any other provisions of the Ordinance.
APPROVED AS TO CONTENT AND APPROVED AS TO CONTENT AND
FORM: FORM:
Attorney for CITY OF PALM DESERT Attorney for INDIAN SPRINGS
MOBILEHOME OWNERS' ASSOC.
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i MOBILEHOME PARK
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David Spangenberg, Esq.
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Sunny Soltani, Esq.
Attorney for INDIAN SPRINGS
IS PALM DESERT, LP,
24 a California limited partnership
25 By; Goldstein Properties, Inc.,
a California corporation
26 Its General Partner
27 By:
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James Goldstein, President
01053/0001/65116.08
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RESOLUTION NO. RRC-3
1 upon the Rent Review Commissions review of all the documents submitted herein, all
2 documentation and arguments presented to the Rent Review Commission throughout these
3 : proceedings, and is intended to act as a final and full determination of all disputes concerning the
4 issues before the Commission with the exception of rights reserved in Section IV(A)4.
5 : B. Waiver of Appeal Rights. With the exception of the rights reserved in Section
6 ' IV(A)4, the parties hereto waive any and all rights of appeal from this Decision, Stipulation,
7 ; Agreement and Order, or any right they might have to challenge this Decision, Stipulation,
8 ' Agreement and Order by Writ of Mandate or otherwise, and this Decision, Stipulation, Agreement
9 • • and Order is intended as a full and final disposition of claims concerning the issues presented in all
10 the proceedings before the Commission. This Decision, Stipulation, Agreement and Order
11 i constitutes a binding and informed waiver of those appeal rights which might otherwise apply
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pursuant to California Code of Civil Procedure Section 1094.5 and/or pursuant to Sections
9.50.090; 9.50.100; 9.50.140; or any other provisions of the Ordinance.
14 APPROVED AS TO CONTENT AND
FORM:
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16 . Attorney for CITY OF PALM DESERT
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David Erwiff, Esq.
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MOBILEH
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D'Spange erg, Esq.
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APPROVED AS TO CONTENT AND
FORM:
Attorney for INDIAN SPRINGS
MOBILEHOME OWNERS' ASSOC.
Sunny Soltani, Esq.
Attorney for INDIAN SPRINGS
IS PALM DESERT, LP,
a California limited partnership
By; Goldstein Properties, Inc.,
a California corporation
Its General Partner
By:
James Goldstein, President
01053/0001/65116.08
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RESOLUTION NO. RRC-3
1 upon the Rent Review Commissions review of all the documents submitted herein, all
2 documentation and arguments presented to the Rent Review Commission throughout these
3 proceedings, and is intended to act as a final and full determination of all disputes concerning the
4 , issues before the Commission with the exception of rights reserved in Section IV(A)4.
5 B. Waiver of Appeal Rights. With the exception of the rights reserved in Section
6 IV(A)4, the parties hereto waive any and all rights of appeal from this Decision, Stipulation,
7 Agreement and Order, or any right they might have to challenge this Decision, Stipulation,
8 Agreement and Order by Writ of Mandate or otherwise, and this Decision, Stipulation, Agreement
9 and Order is intended as a full and final disposition of claims concerning the issues presented in all
10 the proceedings before the Commission. This Decision, Stipulation, Agreement and Order
11 constitutes a binding and informed waiver of those appeal rights which might otherwise apply
12 pursuant to California Code of Civil Procedure Section 1094.5 and/or pursuant to Sections
13 9.50.090; 9.50.100; 9.50.140; or any other provisions of the Ordinance.
14 APPROVED AS TO CONTENT AND
FORM:
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16 Attorney for CITY OF PALM DESERT
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David Erwin, Esq.
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MOBILEHOME PARK
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David Spangenberg, Esq.
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APPROVED AS TO CONTENT AND
FORM:
DIAN S RINGS
ME ERS' AOC. 1
Attorney for INDIAN SPRINGS
IS PALM DESERT, LP,
a California limited partnership
By; Goldstein Properties, Inc.,
a California corporation
Its General Partner
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James Goldstein, President
nincfl inn.,,
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RESOLUTION NO. RRC-3
1 upon the Rent Review Commissions review of all the documents submitted herein, all
2 documentation and arguments presented to the Rent Review Commission throughout these
3 proceedings, and is intended to act as a final and full determination of all disputes concerning the
4 issues before the Commission with the exception of rights reserved in Section IV(A)4.
5 B. Waiver of Appeal Rights. With the exception of the rights reserved in Section
6 IV(A)4, the parties hereto waive any and all rights of appeal from this Decision, Stipulation,
7 Agreement and Order, or any right they might have to challenge this Decision, Stipulation,
8 Agreement and Order by Writ of Mandate or otherwise, and this Decision, Stipulation, Agreement
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and Order is intended as a full and final disposition of claims concerning the issues presented in ail
the proceedings before the Commission. This Decision, Stipulation, Agreement and Order
constitutes a binding and informed waiver of those appeal rights which might otherwise apply
pursuant to California Code of Civil Procedure Section. 1094.5 and/or pursuant to Sections
9.50.090; 9.50.100; 9.50.140; or any other provisions of the Ordinance.
APPROVED AS TO CONTENT AND APPROVED AS TO CONTENT AND
FORM: FORM:
Attorney for CITY OF PALM DESERT Attorney for INDIAN SPRINGS
MOBILEHOME OWNERS' ASSOC.
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David Erwin, Esq.
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Sunny Soltani, Esq.
20 Attorney for INDIAN SPRINGS
MOBILEHOME PARK
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David Spangenberg, Esq.
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IS PALM DESERT, LP,
24 a California limited partnership
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By; Goldstein Properties, Inc.,
a California corporation
Its Gene Partner
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awes Goldstein, President
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ORDER APPROVING
The parties having so stipulated upon the advice of their respective counsel and good cause
3 appearing therefore,
4 ' IT IS ORDERED that the foregoing terms shall be and are approved as the findings and
5 I decision of the Rent Review Commission.
6 SO ORDERED.
7 , PALM DESERT MOBILE HOME RENT REVIEW BOARD
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Adams, Chairman
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