AVILA, RITA0
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
LITTLE HOLLYWOOD
AFFORDABLE HOUSING PROGRAM
RESIDENTIAL LEASE
Tenant Eligibility Requirement
This Lease Is for property which has been rehabilitated and purchased by the San Juan
Capistrano Community Redevelopment Agency (hereinafter referred to as "Agency") with
the assistance of Community Development Block Grant (CDBG) funds from the
Department of Housing & Urban Development (HUD).
As such, this property is required to be leased only to individuals who qualify under HUD's
income standards as being in the very low and low income bracket. Rent is calculated on
an annual basis based upon the recommendations and formulas of HUD and other State
housing agencies. Guidelines for income qualification and rent calculation are provided in
the document titled "Little Hollywood Affordable Rental Housing Program
Guidelines/Operating Procedures" (hereinafter referred to as "Program Guidelines")
(Exhibit A).
1. Parties and Date: This Lease is made and entered into this first day of January
2005, by and between the San Juan Capistrano Community Redevelopment Agency
(hereinafter referred to as "Landlord") and Rita Avila (hereinafter referred to as "Tenant").
2. Premises: Landlord hereby leases to Tenant and Tenant hereby leases from
Landlord, on the terms and conditions hereinafter set forth, that certain real property and
the residence located thereon situated in the City of San Juan Capistrano, County of
Orange, State of California, commonly known as 26510 Mission Street.
3. Term: The term of this lease shall be month to month, commencing on January 1,
2005 and terminating on December 31, 2005. The Agreement maybe terminated by
either party upon thirty (30) days written notice.
4. Rent: Tenant shall pay to Landlord as rent for the Premises, the sum of $156.00
dollars per month, in advance on the first day of each month during the term hereof. Rent
shall be payable without notice or demand and without any deduction, off -set, or
abatement in lawful money of the United States to the Landlord at the address stated
herein for notices or to such other persons or such other places as the Landlord may
designate to Tenant in writing.
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5. Security Deposit: Tenant has on deposit the sum of $748.00 dollars as a security
deposit for the Tenant's faithful performance of the provisions of this Lease. ifTenantfails
to pay rent or other charges due hereunder, or otherwise defaults with respect to any
provision of this Lease, Landlord may use the security deposit, or any portion of it, to cure
the default or compensate Landlord for all damages sustained by Landlord resulting from
Tenant's default. Tenant shall immediately on demand pay to Landlord the sum equal to
that portion of the security deposit expended or applied by Landlord which was provided for
in this paragraph so as to maintain the security deposit in the sum initially deposited with
Landlord. Landlord shall not be required to keep the security deposit separate from its
general account nor, shall Landlord be required to pay Tenant any interest on the security
deposit. If Tenant performs all of Tenant's obligations under this Lease, the security
deposit orthat portion thereof which has not previously been applied bythe Landlord, shall
be returned to Tenant within fourteen (14) days after the expiration of the term of this
Lease, or after Tenant has vacated the premises, whichever is later.
6. Possession: If the Landlord for any reason cannot deliver possession of the
Premises to Tenant at the commencement of the term, the Landlord shall not be liable to
Tenant for any loss or damage resulting therefrom, but there shall be a proportionate
deduction of rent, nor shall this Lease be void or voidable for a period of ten (10) days
thereafter -and if for any reason the Premises cannot be delivered within said ten (10) day
period, the Tenant may, prior to Landlord's delivery of the Premises, declare this Lease to
be null and void and all money paid to Landlord shall be refunded to Tenant.
7. Use: It is agreed that the Premises shall be used only for residence purposes, for
one family consisting of one adult, (hereinafter referred to as "Tenant Household" and as
referenced in Exhibit A ), and two pets", and for no other purposes whatsoever. Any
change in occupants must be approved in writing by Landlord. Tenant in his possession,
use and occupancy of the Premises agrees to observe and comply with all restrictions,
laws.and ordinances affecting said property or occupancy thereof including all rules and
requirement as outlined in the Little Hollywood Affordable Rental Housing Program
Guidelines and Operating Procedures as amended from time to time (See Exhibit A).
Tenant further agrees that no.use shall be made of the Premises, nor acts done which will
increase the existing rate of insurance upon the Premises, or will cause a cancellation of
any insurance policy covering the Premises.
8. Utilities: The Tenant shall pay for all utilities including water, gas, heat, light,
power, telephone service, and other services supplied to the Premises.
9. Repairs and Maintenance: The Landlord shall at its sole cost and expense
keep and maintain the exterior walls, roof, electrical wiring, heating system, air
conditioning systems (if any), water heater, built-in appliances, and water lines in
good and sanitary order, condition and repair, except where damage (if any) has
been caused by the abuse or negligence of the Tenant, in which event Tenant
shall repair same at his sole cost and expense. Any damage caused by the
Tenant will be repaired by the Landlord and billed to the Tenant.
Except as herein provided, Tenant hereby agrees that the Premises are now in a
tenantable and good condition and shall at his sole cost and expense keep and maintain
the Premises, appurtenances and every part thereof, in the manner in which they were
received, reasonable wear and tear excepted, including household furniture, fixtures,
goods and chattels belonging to the Landlord, so that they shall remain in good and
satisfactory order, condition and repair. The Tenant agrees to maintain landscaping, and
Tenant agrees to adequately water said landscaping.
10. Alterations and Additions: Tenant shall not, without the Landlord's prior written
the Premises, with the exception of movable furniture. Any approved alteration or addition
shall at once become a part of the realty and belong to the Landlord. The Tenant shall
keep the Premises free from any liens arising out of any work performed, materials
furnished or obligations incurred by the Tenant.
11. Hold Harmless: Tenant shall indemnify and hold Landlord harmless from and
against any and all claims arising from Tenant's use or occupancy of the Premises or from
any activity, work, or things which may be permitted or suffered by Tenant in or about the
Premises including all damages, costs, attorney's fees, expenses and liabilities incurred in
the defense of any claim or action or proceeding arising therefrom. Except for Landlord's
Willful or grossly negligent conduct, Tenant hereby assumes all risk of damage to property
including household furniture and goods, or injury to any person in or about the Premises
from any cause, and Tenant hereby waives all claims in respect thereof against Landlord.
12. Damage to Premises:
(a) If the Premises are so damaged by fire or from any other causes as to render
it untenantable, then either party shall have the right to terminate this Lease as of the date
on which such damage occurs, through written notice to the other party, to be given within
fifteen (15) days afterthe occurrence of such damage; except that should such damage or
destruction occur as the result of the abuse or negligence of Tenant, or its invitees, so as
to render the Premises untenantable, the Landlord only shall have this right of termination.
Should the right be exercised by either Landlord or Tenant, then rent for the current
month shall be prorated between the parties as of the date on which such damage
occurred and any prepaid rent and unused security deposit shall be refunded to Tenant.
(b) If this Lease is not terminated as provided in this paragraph 13, the Landlord
shall promptly repair the. Premises and there shall be a proportionate reduction of rent until
the Premises are repaired and readyforTenant's occupancy, such proportionate reduction
to be based upon the extent to which the making of repairs interferes with reasonable use
of the Premises.
13. Assionment and Sublettina: Tenant shall not voluntarily or by operation of law
assign, transfer, sublet, mortgage, or otherwise transfer or encumber all or part of Tenant's
interest in this Lease or in the Premises.
14. Default: It is agreed between the parties hereto that if any rent shall be due
hereunder and unpaid, at anytime during the term of the lease, or if the Tenant Household
is not in compliance with any provision of the Program Guidelines, including income
qualifications, or if Tenant shall default and breach any other covenant or provision of the
Lease, then the Landlord, after giving the proper notice required by law, may re-enter the
Premises and remove any property and any and all persons therefrom in the manner
allowed by law. The Landlord may, at his option, either maintain the Lease in full force and
effect and recover the rent and other charges as they become due or, in the alternative,
terminate this Lease. In addition, the Landlord may recover all rentals and any other
damages and pursue any other rights and remedies which the Landlord may have against
the Tenant by reason of such default as provided by law.
15. Abandonment: Tenant shall not vacate or abandon the Premises at any time
during the term of this Lease.
16. Entry by Landlord: The Tenant shall permit the Landlord and/or its agents to enter
into and upon the Premises at all reasonable times and upon reasonable notice for the
purpose of inspecting it orforthe purpose of maintaining the Premises, orforthe purpose
of exhibiting the Premises to prospective purchasers or tenants.
17. Attorney's Fees: If either parry commences an action against the other party
arising out of or in connection with this Lease, the prevailing party shall be entitled to have
and recover from the losing party reasonable attorney's fees and costs of suit.
18. Surrender: On the last day of the term of this Lease, Tenant shall surrender the
Premises to Landlord in good condition, broom clean, ordinary wear and tear and damage
by fire and the elements excepted.
19. Bindina on Successors and Assigns: Each provision of this Lease performable
by Tenant shall be deemed both a covenant and a condition. The terms, conditions and
covenants of this Lease shall be binding upon and shall inure to the benefit of each of the
parties hereto, their heirs, personal representatives, successors and assigns.
20. Notices: Whenever under this Lease a provision is made for any demand, notice or
declaration of any kind, it shall be in writing and served either personally or sent by
registered or certified United States mail, postage prepaid, addressed at the addresses as
set forth below:
TO LANDLORD AT: City of San Juan Capistrano
Community Redevelopment Agency
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
TO TENANT AT: Rita Avila
26510 Mission Street
San Juan Capistrano, CA. 92675
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Such notice shall be deemed to be received within forty-eight (48) hours from the time of
mailing, if mailed as provided for in this paragraph;
21. Waivers: No waiver by Landlord of any provision hereof shall be deemed a waiver
of any other provision hereof or of any subsequent breach by Tenant of the same or any
other provisions.
22. Time: Time is of the essence of this Lease.
23. Joint and Several Obligations: "Party" shall mean Landlord and Tenant; and if
more than one person or entity is the Landlord or Tenant, the obligations imposed on the
party shall be joint and several.
The parties hereto. have executed this Lease on the date.first.above written.
UP
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
Cynthia L. Russell, Finance Officer