WATTENBURG, P/E0
CITY OF SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
RESIDENTIAL LEASE
Tenant Eligibility Requirement
This Lease is for property which has been rehabilitated and purchased by the City of San Juan
Capistrano Community Redevelopment Agency with the assistance of Community 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.
1. Parties and Date: This Lease is made and entered into this 7th day of November
19 95, by and between San Juan Capistrano Community Redevelopment Agency (hereinafter
referred to as "Landlord") and Paulette C. Wattenbure and Eleanor V. Wattenburg__
(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 26571 Ramos Street
3. Term: The term of this lease shall be for one (1) year commencing on November 7; 19 -25,
and terminating on November 6, 1996. The Agreement may be 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 $387.50 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.
5. Security Deposit; Tenant shall deposit to Landlord upon the execution of this lease the sum
of the $387.50 dollars as a security deposit for the Tenant's faithful performance of the provisions
of this Lease. If Tenant fails 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
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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 or that portion thereof which has not previously
been applied by the 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 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 often (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 2 adults and no children, and no animals, and for no other purposes whatsoever.
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, and 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 water supplied to the Premises and shall pay for all gas,
heat, light, power, telephone service, trash collection 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 of negligence of the Tenant, in which
event Tenant shall repair same as at his sole cost and expense.
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 consent,
make any alterations, improvements or additions in or about the Premises (with the exception of
movable furniture) 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.
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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
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 915) days
after the 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 ready for Tenant'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. Assignment and Subletting: 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, 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 or for the purpose of maintaining the Premises, or for the purpose of exhibiting the
Premises to prospective purchasers or tenants.
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17. Attorney's Fees: If either party 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. Binding 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. ice • 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: Paulette C. Wattenbura and
Eleanor V. Wattenburg
26571 Ramos Street
San Juan Capistrano_ California 92675
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.
Approved as to form: TENANT
i
I
uX44 By GCG —
Agency Counsel 1( d) Paulette C. Wattenburg
ATTEST:
r�
Agency SecretlWy
By '2
Eleanor V. Wattenburg
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
By COtLz
David Swerdlin, Chairperson
0 0
Adoption of Resolution Approvingthe Puke Agreement and Escrow Instructions
for the Capistrano Depot.:
It was moved by Director Swerdlin, seconded by Director Hart, that the following Resolution
be adopted as amended to exclude indemnity provisions:
95-11-7-
:: ul�►III«7�Y•IZ• . r • ► • : �.1 • 1 10
19-11
STATION. INC. - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS FOR
CERTAIN PROPERTY WITHIN THE SAN JUAN CAPISTRANO
CENTRAL REDEVELOPMENT PROJECT AREA TO MANNA
STATION, INC.
The motion tamed by the following vote:
AYES: Directors Campbell, Hart, Nash, and Chairman Swerdlin
NOES: None
ABSTAIN: Council Member Jones
0 ABSENT: None
Proposal:
Consideration of a proposed lease with Paulette C. Wattenburg and Eleanor V. Wattenburg
for the Little Hollywood property at 26571 Ramos Street, at a rent of $387.50 per month.
AAplicants.
Paulette C. and Eleanor V. Wattenburg
Written Communication_
Report dated November 7, 1995, from the Finance Officer, recommending that the Agency
enter into a one-year lease with Paulette and Eleanor Wattenburg for the property at a rent
of $387.50 per month -
Ms. Pendleton made an oral presentation.
CRA Minutes -4- 1117195
11
E
Public Hearin¢:
Notice having been given as required by law, Chairman Swerdlin opened the Public Hearing,
and the following person responded:
(1) The applicant, Paulette Wattenburg, expressed appreciation to the Agency for offering
her the lease.
There being no fiuther input, the hearing was declared closed with the right to reopen at any
time.
Approval- of Lease for Residential Unit in Little HollY3 d:
It was moved by Director Jones, seconded by Director Campbell, and unanimously carried
that the Residential Lease be approved for a one-year period with Paulette C. Wattenburg and
Eleanor V. Wattenburg for the property located at 26571 Ramos Street, at a rent of $387.50
per month. The Executive Director was authorized to execute the lease on behalf of the
Agency.
It was moved by Director Hart, seconded by Director Campbell, that the staff recommendations be
accepted for the following items listed on the Consent Calendar. The motion carried by the following
vote:
. AYES: Directors Campbell, Hart, Jones, Nash, and Chairman Swerdlin
NOES: None
ABSENT: None
The Minutes of the Regular Meeting of October 3, 1995, were approved as submitted.
The List of Demands dated October 11, 1995, in the total amount of $166,708.91 and the List
of Demands dated October 25, 1995, in the total amount of $4,785.63 were received and
filed.
The Finance Officer's Report of Cash Fund Balances for the month of September 1995 in the
total amount of $21,339.81 was received and filed.
CRA Minutes -5- 11/7/95
AGENDA ITEM
TO: George Scarborough, Executive Director
Community Redevelopment Agency
FROM: Cynthia L. Pendleton, Finance Officer
Community Redevelopment Agency
0
November 7, 1995
SUBJECT: Public Hearing for Consideration of Lease of Residential Property in Little Hollywood
District: Property Address 26571 Ramos Street (Wattenburg)
Authorize Executive Director to execute proposed lease with Paulette C. Wattenburg and Eleanor V.
Wattenburg.
SITUATION:
In July 1995 Elizabeth Nieblas, long time resident/tenant at 26571 Ramos Street passed away and the
property which had been recently rehabilitated became available for occupancy by a new tenant. Agency
property management contacted all parties that had expressed interest in renting the next available
residence in Little Hollywood.
Ms. Paulette Wattenburg was the first respondent to the Agency's correspondence. Ms. Wattenburg has
expressed continued interest in leasing this particular Little Hollywood property. Ms. Wattenburg
qualifies as being in the very low and low income bracket as stipulated under HUD's income guidelines.
Agency property management has prepared the structure for occupancy. The proposed lease has been
reviewed by Ms. Wattenburg and she is in agreement with the terms.
RIGNIM M 1' • •' I II I ulul ►11 • • ►
N/A
Rent for the unit has been calculated in compliance with HUD guidelines. The proposed rent of three
hundred eighty seven and 50/100 ($387.50 ) falls within these guidelines.
FOR CITY COUNCIL AGEN ��
0
AGENDAITEM
NOTIFICATION:
N/A
ALTERNATE ACTIONS:
-2-
1. Authorize execution of the proposed lease.
2. Do not authorize execution of the proposed lease.
3. Request additional information from staff.
RECOMMENDATION:
E
November 7, 1995
Authorize Executive Director to execute proposed lease with Paulette C. Wattenburg and Eleanor V.
Wattenburg.
Respectfully submitted,
�Z-
zL�
.�Q/►�t-z- "
Cynthia L. Pendleton
CLP:ML/ja
P ed by:
��—
7epark6u -
Mary Laub
OCTOBER 20, 1995
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT
AGENCY
DEAR CYNTHIA PENDLETON:
IN RESPONSE TO YOUR LETTER OF OCTOBER 18th, I WOULD LIKE TO
HAVE A MEETING WITH YOU, RICHARD DENHALTER, MARY LAUB, &
GEORGE SCARBOUROUGH, AT THE RESIDENCE OF 26571 RAMOS ST.,
BEFORE THE MOVE -IN DATE OF NOVEMBER 7th.
SINCE I ALREADY AGREED TO REPLACE THE CARPET, STOVE AND
REFRIGERATOR AT MY OWN EXPENSE, I FEEL THAT THE IMPROVEMENT
OF THE STRUCTURE IS YOUR RESPONSIBILITY.
IF DRYWALL IS NOT AN OPTION I WOULD LIKE YOU TO CONSIDER
REPLACING THE PANELING. THE EXISTING PANELING IS WARPED,
CURLING AND IN GENERALLY POOR CONDITION. I DO NOT FEEL THAT
THIS IS AN UNREASONABLE REQUEST CONSIDERING THE PRESENT
CIRCUMSTANCES.
PLEASE ADVISE ME AS SOON AS POSSIBLE, I AM AVAILABLE AT ANY
TIME AND AM ANXIOUS TO RESOLVE THIS ISSUE.
SINCERELY,
P/AULETTE WATTENBURG
/%0/9 S
X SLOTS
1AJP L/
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OCT 2 0 1995
f'III !N SAN IIAV'IAIIS.ANo •
A, w j
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€i mmmm nl Mmrmme
�i Y or SAN mnry CAPISrNAN
San Juan Capistrano
Community
Redevelopment
Agency
October 18, 1995
Paulette Wattenburg
32052 Via de Aguila
- San Juan Capistrano, CA 92675
RE: 26571 Ramos Street
Dear Ms. Wattenburg:
•
The purpose of this letter is to follow up our meeting on October 12, 1995 and your telephone
conversation with Mary Laub of this office on October 17, 1995. Both discussions were dedicated
to clarifying what activities the Agency will undertake prior to your occupancy of 26571 Ramos
Street.
On October 12 we explained to you that we would:
1)
Clean the interior of the house;
2)
Install the front step rail;
3)
Clear the yard of debris;
4)
Treat the site for pests;
5)
Install new blinds on all interior windows:
6)
Remove the rust from the kitchen sink and recoat it if necessary.
It was additionally indicated that the existing two year old wall to wall carpet would be cleaned.
However, per your request we will not clean the carpet because it is your intent to replace the carpet
with a combination of tile and carpet at your own expense.
At the October 12 meeting you requested that the Agency replace the paneled walls in three of the
rooms with drywall. The Agency had a structural contractor look at the site to determine what cost
would be involved with such an installation. The contractor has informed us that the single wall
construction existing at the house would be incapable of carrying the weight load of drywall. The
Agency will not be installing drywall at the site nor will we approve you as tenant to install drywall.
Mary explained this situation to you on October 17 and you and at that time you felt you would like
at least a change in the paneling material. As explained to you by Mary, the Agency has completed
the rehabilitation of the residence and will not be budgeting for or making any additional
modifications to the interior or exterior.
32400 Paseo Adelanto
San Juan Capistrano
California 92675
714 - 493-1171
Paulette Wattenburg
October 18, 1995
Page 2
The refrigerator and stove have been removed from the house per you request and intention to use
your own appliances. The small exterior picket fence along the driveway will be repaired once you
have moved into the residence.
Please remember that any alterations made by you to the interior or exterior of the structure will
require prior written authorization from the Agency.
The City Attorney is finalizing terms and conditions of the lease document. Once Agency property
management has received his remarks we will set a meeting with you to review the final lease
document --
Sincerely,
C thia L. Pendleton
Finance Officer
ul,
cc: Richard Denhalter
Mary Laub
George Scarborough
0
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA
COUNTY OF ORANGE
I am a citizen of the United States and a resident of
the County aforesaid. I am over the age of eighteen
years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the
Capistrano Valley News, a newspaper Nat has
been adjudged to be a newspaper of general
circulation by the Superior Court of the County of
Orange, State of California, on June 7, 1984, Case
No. A-122949 in and for the City of San Juan
Capistrano, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to wit:
OCTOBER 26, November 2, 1995
I declare under penalty of perjury that the foregoing
is true and correct.
Executed at Lake Forest, Orange County,
California, on
Date NOVEMBER 2, 19 95
npns�ws
apistrano Valley News
22481 Aspan
Lake Forest, CA 92630
(714)768.3631
0
Space below for Filing Stamp Only.
RECEIVED ,
Nor 6 1 46 P�i'95
CyTY G.ERK
DERAitTMENT
CVT" CF SAN
RSAN GAPISTR4411
Proof of Publication of
,
NOTICE OF PUBLIC HEARING
x ''I
NM1MD71N'b!'Ift $rulli•�sri�s"
NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS
TO: CAPISTRANO VALLEY NEWS
Jo Ramsey, Legals
FOR PUBLICATION ON:
DOCUMENT TO BE PUBLISHED
PROOF OF PUBLICATION
AUTHORIZED BY:
DATE: October 18, 1995
Date of Public Hearing
Date notice published
Date affidavit received
THURSDAY, OCTOBER 26, 1995
THURSDAY, NOVEMBER 2, 1995
NOTICE OF PUBLIC HEARING - RESIDENTIAL
LEASE OF LITTLE HOLLYWOOD PROPERTY
(WATTENBURG)
Please send to:
City Clerk's Division, City Hall
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(714)493-1171
-11/07/95
- 10/26/95
-11/02/95
- I I loq5 �-
Date notice posted in
designated posting places (3) - 10/26/95
Date notice posted on property - 10/26/95
Date of mailing notice to
interested parties - 10/26/95
Date notice transmitted to
City Manager's Office -10/18/95
noti# of •
PUBLIC HEARING
CITY OF SAN JUAN CAPISTRANO
NOTICE IS HEREBY GIVEN, that on the 7th day of November, 1995, at 7:00 P.M. in the City
Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California, the Board of Directors
of the San Juan Capistrano Community Redevelopment Agency will hold a public hearing on the
following:
RESIDENTIAL LEASE OF LITTLE HOLLYWOOD PROPERTY (WATTENBURG)
The Agency Board of Directors will consider the lease of residential property located at 26571 Ramos
Street, San Juan Capistrano, California 92675, to Ms. Paulette Wattenburg and Ms. Eleanor V.
Wattenburg.
Those desiring to be heard in favor of, or in opposition to, this item will be given an opportunity to
do so during such hearing or, prior to the meeting, by writing to the City Council at 32400 Paseo
Adelanto, San Juan Capistrano, California 92675, Attention: City Clerk. Government Code Section
54957.5 stipulates that writings distributed to the legislative body by any person are public records
and shall be made available without delay. If you bring written information to the City Council
meeting for distribution to the City Council at such meeting, please provide additional copies for
distribution to the audience.
For further information you may contact Mary Laub of the Department of Administrative Services
at (714) 443-6303.
CHERYL JOHNSON/CITY CLERK
l� C���1��1�L.Y�L�P.I w•� I
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
ss. AFFIDAVIT OF POSTING
AND PUBLICATION
I, CHERYL JOHNSON, declare that I am the duly appointed and qualified City Clerk
of the City of San Juan Capistrano; that on October 26, 1995, I caused the above Notice to be posted
in three (3) public places in the City of San Juan Capistrano, to wit:
City Hall;
Old Fire Station Recreation Complex;
Orange County Public Library
AND, that on October 26, 1995, and November 2, 1995, the above Notice was published in the
Capistrano Valley News newspaper.
I declare under penalty of perjury that the foregoing is true and correct.
rl
C YL JOHNSON, CI Y CLERK
City of San Juan Capistrano
California
NAME OF PUBLIC HEARING: Residential Lease of Little Hollywood Prol2gay
(Wattenburg)
DATE OF PUBLIC HEARING: November 7. 1995
NOTIFICATION LIST
Paulette Wattenburg
Eleanor V. Wattenburg
32052 Via de Aguila
San Juan Capistrano, CA 9267
San Juan Capistrano
Community
Redevetopment
Agency
November 14, 1995
Ms. Paulette Wattenburg
26571 Ramos Street
San Juan Capistrano, California 92675
Re: Lease of Property at 26571 Ramos Street
Dear Ms. Wattenburg:
At their meeting of November 7, 1995, the San Juan Capistrano Community
Redevelopment Agency Board of Directors approved the lease of the Agency property at
26571 Ramos Street for a one-year term ending November 6, 1996 in the amount of
$387.50 per month. A fully -executed copy of the Lease is enclosed for your files.
Please feel free to contact Cynthia Pendleton, Administrative Services Director, at
443-6301 if you have any questions.
Very truly yours,
Cheryl Johnson
Agency Secretary
Enclosure
cc: Administrative Services Director (with copy of Lease)
Mary Laub (with copy of Lease)
32400 Paseo Adelanto
San Juan Capistrano
California 92675
714 - 493-1171