10-0101_SIMMONS, ALYSA & DUARTE, CHRIS_Residential LeaseSAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
LITTLE HOLLYWOOD
AFFORDABLE HOUSING PROGRAM
RESIDENTIAL LEASE
This residential lease is made this 1 st day of March, 2010, by and between the
San Juan Capistrano Community Redevelopment Agency, hereinafter "Agency", and
Alyssa Simmons and Chris Duarte hereinafter referred to as "Tenant".
Recitals:
1. This Lease is for property which has been rehabilitated and purchased by the
San Juan Capistrano Community Redevelopment Agency (hereinafter referred to as
AAgency@) with the assistance of Community Development Block Grant (CDBG) funds
from the Department of Housing & Urban Development (HUD).
2. As such, this property is required to be leased MI 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 ALittle Hollywood Affordable Rental Housing Program
Guidelines/Operating Procedures@ (hereinafter referred to as AProgram Guidelines@)
(Exhibit A).
Now Therefore, Agency and Tenant mutually agree as follows:
1. 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 31676 Ramos Way, San Juan
Capistrano, CA 92675.
2. Term: The term of this lease shall be for a period of nir\ e (q) months, to and
including March 1, 2010 - December 31, 2010.
3. Rent: Tenant shall pay to Landlord as rent for the Premises, the sum of 506.00
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.
4. Security Deposit: Tenant is to have on deposit the sum of $506.00 dollars
to_be_paid to the City of San Juan Capistrano as a security deposit for the Tenant's
faithful performance of the provisions of this Lease. The tenant will make 10
installments in the amount of $50.60 or until the amount of $506.00 Security Deposit
is paid which ever comes first towards the Security Deposit beginning on
May 1, 2010. 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 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.
. 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.
6. Use: It is agreed that the Premises shall be used only for residence purposes, for
one family consisting of 2 adult(s), (hereinafter referred to as ATenant Household@ and as
referenced in Exhibit A ), 1 minor child, and NO 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.
7. Utilities: The Tenant shall pay for all utilities including water, gas, heat, light,
power, telephone service, and other services supplied to the Premises.
8. 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 if the tenant is responsible for the damage.
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.
9. Alterations and Additions: Tenant shall not without the Landlord's prior written
consent make any interior or exterior alterations improvements or additions in or about
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.
10. 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.
11. 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 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 the 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.
12. 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.
13. Default: It is agreed between the parties hereto that if any rent shall be due
hereunder and unpaid, at any time 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 provisions,
Landlord may terminate this agreement in accordance with law based upon breach of this
agreement. f=urther, 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.
14. Abandonment: Tenant shall not vacate or abandon the Premises at any time
during the term of this Lease.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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:
Alyssa Simmons and Chris Duarte
31675 Ramos Way,
San duan Capistrano, CA 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.
20. 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.
21. Time: Time is of the essence of this Lease.
22, 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.
TENANT
Ala Simmons and Chris Dua
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
By
(__EOcutive Director
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
LITTLE HOLLYWOOD
AFFORDABLE HOUSING PROGRAM
RESIDENTIAL LEASE
This residential lease is made this 15th day of April, 2010, by and between the
San Juan Capistrano Community Redevelopment Agency, hereinafter "Agency" and
Sharon VerKuilen, hereinafter referred to as "Tenant".
Recitals:
1. This Lease is for property which has been rehabilitated and purchased by the
San Juan Capistrano Community Redevelopment Agency (hereinafter referred to as
AAgency@) with the assistance of Community Development Block Grant (CDBG) funds
from the Department of Housing & Urban Development (HUD).
2. As such, this property is required to be leased p-aly 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 ALittle Hollywood Affordable Rental Housing Program
Guidelines/Operating Procedures@ (hereinafter referred to as AProgram Guidelines@)
(Exhibit A).
Now Therefore, Agency and Tenant mutually agree as follows:
1. 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 31650 Ramos Way,San Juan Capistrano,
CA 92675.
2. Term: The term of this lease shall be for a period of nine (8) months, to and
including April 15, 2010 through December 31, 2010.
3. Rent: Tenant shall pay to Landlord as rent for the Premises, the sum of 454.00
dollars per month, in advance on the first day of each month during the term hereof. The
First month rent for Premises due on or before April 15 2010 is $227.00 for 15 days.
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.
4. Security Deposit: Tenant has on deposit the sum of 454.00 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 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
e 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.
5. 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.
6. Use; It is agreed that the Premises shall be used only for residence purposes, for
one family consisting of 1 adult(s), (hereinafter referred to as ATenant Household @ and as
referenced in Exhibit A ), 1 minor child, and _ 0_ 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.
7. Utilities: The Tenant shall pay for all utilities including water, gas, heat, light,
power, telephone service, and other services supplied to the Premises.
8. 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. AnV 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.
9. Alterations and Additions: Tenant shall not without the Landlord's prior written
consent make any interior or exterior alterations improvements or additions in or about
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.
10. 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.
11. 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 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 the 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.
12. 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.
13. Default: It is agreed between the parties hereto that if any rent shall be due
hereunder and unpaid, at any time 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 provisions,
Landlord may terminate this agreement in accordance with law based upon breach of this
agreement. Further, 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.
14. Abandonment: Tenant shall not vacate or abandon the Premises at any time
during the term of this Lease and if the tenants provide notice to exit the premises
and the Rental Subsidy Program the resident who does exit the premises will not be
allowed to re-enter the Little Hollywood and/or the City of San Juan Capistrano
Rental Subsidy Program.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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:
Sharon VerKuilen
31650 Ramos Way
San Juan Capistrano, CA 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.
20. 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.
21. Time: Time is of the essence of this Lease.
22. 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.
TENANT
BYm
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
LITTLE HOLLYWOOD
AFFORDABLE HOUSING PROGRAM
RESIDENTIAL LEASE
This residential lease is made this 1st day of January, 2010, by and between the
San Juan Capistrano Community Redevelopment Agency, hereinafter "Agency", and
Paulette Wattenburg and Eleanor V. Wattenburg, hereinafter referred to as "Tenant".
Recitals:
1. This Lease is for property which has been rehabilitated and purchased by the San
Juan Capistrano Community Redevelopment Agency (hereinafter referred to as AAgency@)
with the assistance of Community Development Block Grant (CDBG) funds from the
Department of Housing & Urban Development (HUD).
2. As such, this property is required to be ]eased o. ly 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 ALittle Hollywood Affordable Rental Housing Program
Guidelines/Operating Procedures@ (hereinafter referred to as Aerogram Guidelines@)
(Exhibit A).
Now Therefore, Agency and Tenant mutually agree as follows:
1. 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, San Juan Capistrano, CA
92675.
2. Term: The term of this lease shall be for a period of twelve (12) months, to and
including January 1, 2010 through December 31, 2014,
3. Rent: Tenant shall pay to Landlord as rent for the Premises, the sum of 442.00
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, offset, 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.
4. Security_ Deposit: Tenant has on deposit the sum of $588.00 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 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.
5. 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.
6. Use: It is agreed that the Premises shall be used only for residence purposes, for
one family consisting of 2 adult(s), (hereinafter referred to as ATenant Household @ and as
referenced in Exhibit A ), 0 minor children, and _ 0_ pet(s)*, 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.
T. Utilities: The Tenant shall pay for all utilities including water, gas, heat, light, power,
telephone service, and other services supplied to the Premises.
6. 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 re aired b 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.
9. Alterations and Additions: Tenant shall not, without the Landlord's prior written
consent make any interior or exterior alterations improvements or additions in or ab ut
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.
10. 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.
11. 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 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 the 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.
12. 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.
13. Default: It is agreed between the parties hereto that if any rent shall be due
hereunder and unpaid, at any time 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 provisions,
Landlord may terminate this agreement in accordance with law based upon breach of this
agreement. Further, 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.
14. Abandonment: Tenant shall not vacate or abandon the Premises at any time
during the term of this Lease and if the tenants provide notice to exit the premises
and the Rental Subsidy Program the resident who does exit the premises will not be
allowed to re-enter the Little Hollywood and/or the City of San Juan Capistrano
Rental Subsidy Program.
Initial Initial
15. 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 forthe purpose of
exhibiting the Premises to prospective purchasers or tenants.
16. Attorne "s Frees: 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.
17. 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.
18. 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.
19. 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:
Paulette Wattenburg and Eleanor V. Wattenburg
26571 Ramos Street
San Juan Capistrano, CA 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.
20. 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.
21. Time: Time is of the essence of this Lease.
22. 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.
TENANT
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
By
E cutive Director
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
►r
�MRJI� ■'.� �
RESIDENTIAL LEASE
This residential lease is made this 1'3t day of January, 2010, by and between the San
Juan Capistrano Community Redevelopment Agency, hereinafter "Agency„ and
Barbara Boyd, hereinafter referred to as "Tenant".
Recitals:
1. This Lease is for property which has been rehabilitated and purchased by the Sart
Juan Capistrano Community Redevelopment Agency (hereinafter referred to asAAAgency@)
with the assistance of Community Development Block Grant (CDBG) funds from the
Department of Housing & Urban Development (HUD).
2. As such, this property is required to be leased o, fitly 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 ALittle Hollywood Affordable Rental Housing Program
Guidelines/Operating Procedures@ (hereinafter referred to as AProgram Guidelines@)
(Exhibit A).
Now Therefore, Agency and Tenant mutually agree as follows:
1. 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, San Juan Capistrano, CA
92675.
2. Term: The term of this lease shall be for a period of twelve (12) months, to and
including January 1, 2016 through December 31, 2010.
3. Rent: Tenant shall pay to Landlord as rent for the Premises, the sum of 506.00
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.
4. Security Deposit: Tenant has on deposit the sum of $816.00 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 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.
5. 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.
6. Use: It is agreed that the Premises shall be used only for residence purposes, for
one family consisting of 1 adult(s), (hereinafter referred to as ATenant Household@ and as
referenced in Exhibit A ), 2 minor children, and _ 0_ pet(s)*, 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.
7. Utilities: The Tenant shall pay for all utilities including water, gas, heat, light, power,
telephone service, and other services supplied to the Premises.
8. 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 re aired 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 Deep 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.
9. Alterations and Additions: Tenant shall not, without the Landlord's prior written
consent make any interior or exterior alterations improvements or additions in or about
the Premises with the exce tion 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.
10. 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.
11. 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 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 the 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.
12. 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.
13. Default: It is agreed between the parties hereto that if any rent shall be due
hereunder and unpaid, at any time 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 provisions,
Landlord may terminate this agreement in accordance with law based upon breach of this
agreement. Further, 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.
14. Abandonment: Tenant shall not vacate or abandon the Premises at any time during
the term of this Lease.
15. Envy 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.
16. Attorne `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.
17. 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.
18. 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.
19. 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:
Barbara Boyd
26510 Mission Street
San Juan Capistrano, CA 92675
Such notice shall be deemed to be received within forty-eight (43) hours from the time of
mailing, if mailed as provided for in this paragraph.
20. 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.
21. Time: Time is of the essence of this Lease.
22. 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.
BY [
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
By
ecutiv Director
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
LITTLE HOLLYWOOD
AFFORDABLE HOUSING PROGRAM
RESIDENTIAL LEASE
This residential lease is made this 1 st of February, 2010, by and between the
San Juan Capistrano Community Redevelopment Agency, hereinafter "Agency" and
Emma Barrera hereinafter referred to as "Tenant".
Recitals:
1. This Lease is for property which has been rehabilitated and purchased by the
San Juan Capistrano Community Redevelopment Agency (hereinafter referred to as
AAgency@) with the assistance of Community Development Block Grant (CDBG) funds
from the Department of Housing & Urban Development (HUD).
2. 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 ALittle Hollywood Affordable Rental Housing Program
Guidelines/Operating Procedures@ (hereinafter referred to as AProgram Guidelinesc)
(Exhibit A).
Now Therefore, Agency and Tenant mutually agree as follows:
1. 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 31664 Ramos Way,
San Juan Capistrano, CA 92675.
2. Term: The term of this lease shall be for a period of twelve (11) months, to and
including February 1, 2010 - December 31, 2010.
3. Rent; Tenant shall pay to Landlord as rent for the Premises, the sum of 762.00
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.
4. Security Deposit: Tenant is to have on deposit the sum of $762.00 dollars
to be paid to the City of San Juan Capistrano 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
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.
5. 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.
6. Use: It is agreed that the Premises shall be used only for residence purposes, for
one family consisting of 1 adult(s), (hereinafter referred to as ATenant Household@ and as
referenced in Exhibit A), 3 minor children, and NO pet(s)*, 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.
7. Utilities. The Tenant shall pay for all utilities including water, gas, heat, light,
power, telephone service, and other services supplied to the Premises.
8. 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 damn a caused by the Tenant will be repaired by the Landlord and
billed to the Tenant if the tenant is responsible for the damage.
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
J. Alterations and Additions. Tenant shall not without the Landlord's prior written
consent make any interior or exterior alterations improvements or additions in or about
the
shall once become t exception of movable furniture. Any approved alteration or addition
oe 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.
10. 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.
11. 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 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 the 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.
12. 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.
13. Default: It is agreed between the parties hereto that if any rent shall be due
hereunder and unpaid, at any time 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 provisions,
Landlord may terminate this agreement in accordance with law based upon breach of this
agreement. Further, 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 lava.
14. Abandonment: Tenant shall not vacate or abandon the Premises at any time
during the term of this Lease.
15. Entry bV 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.
16. 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.
17. 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.
18. 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.
19. 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:
Emma Barrera
31664 Ramos Way
San Juan Capistrano, CA 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.
20. 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.
21. Time; Time is of the essence of this Lease.
22. 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.
TENANT
BY
Emma Barr ra
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
By
xecu#i Director
I
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
LITTLE HOLLYWOOD
AFFORDABLE HOUSING PROGRAM
RESIDENTIAL, LEASE
This residential lease is made this 15th day of May, 2010, by and between the
San Juan Capistrano Community Redevelopment Agency, hereinafter "Agency", and
Mike] and Angela Bair, hereinafter referred to as "Tenant".
Recitals:
1. This Lease is for property which has been rehabilitated and purchased by the
San Juan Capistrano Community Redevelopment Agency (hereinafter referred to as
AAgency@) with the assistance of Community Development Block Grant (CDBG) funds
from the Department of Housing & Urban Development (HUD).
2. As such, this property is required to be leasedI 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 ALittle Hollywood Affordable Rental Housing Program
Guidelines/Operating Procedures@ (hereinafter referred to as AProgram Guidelines@)
(Exhibit A).
Now Therefore, Agency and Tenant mutually agree as follows:
1. 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 31654 Ramos Way,
San Juan Capistrano, CA 92675.
2. Term: The term of this lease shall be for a period of nine (7) months, to and
including May 15, 2010 through December 31, 2010.
1 Rent: Tenant shall pay to Landlord as rent for the Premises, the sum of 657.00
dollars per month, in advance on the first day of each month during the term hereof.
The. 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.
1� Q4� dea
"o
4. Security Deposit: Tenant is to have on deposit the sum of $657.00 dollars, to be
paid on or before June 15, 2010, 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 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.
5. 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.
6. Use. It is agreed that the Premises shall be used only for residence purposes, for
one family consisting of 2 adult(s), (hereinafter referred to as ATenant Household@ and as
referenced in Exhibit A ), 'I minor child, and _ 0_ pet(s)*, 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.
7. Utilities. The Tenant shall pay for all utilities including water, gas, heat, light,
power, telephone service, and other services supplied to the Premises.
8. 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), wafter 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.
3. Alterations and Additions: Tenant shall not without the Landlord's prior written
consent make any interior or exterior alterations im rovements or additions in or about
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.
10. 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.
11. 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 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 the 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.
12. Assi nment 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.
13. Default: It is agreed between the parties hereto that if any rent shall be due
hereunder and unpaid, at any time 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 provisions,
Landlord may terminate this agreement in accordance with law based upon breach of this
agreement. Further, 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.
14. Abandonment: Tenant shall not vacate or abandon the Premises at any time
during the term of this Lease and if the tenants provide notice to exit the premises
and the Rental Subsidy Program the resident who does exit the premises will not be
allowed to re-enter the Little Hollywood and/or the City of San Juan Capistrano
Rental Subsidy Program.
15. 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.
16. 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.
17. 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.
18. Bindingbe deemed both a cd Assigns: Each provision of this Lease performable
on Assigns:
byTenant shallant 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.
19. 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 duan Capistrano, CA 92675
TO TENANT AT:
Mikel and Angela Bair
31646 Ramos Way
San Juan Capistrano, CA 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.
20. 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.
21. Time: Time is of the essence of this Lease.
22. .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 Cease on the date first above written.
TENANT
M.
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
Executive Director
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
LITTLE HOLLYWOOD
AFFORDABLE HOUSING PROGRAM
RESIDENTIAL LEASE
This residential lease is made this 20th day of March, 2010, by and between the San
Juan Capistrano Community Redevelopment Agency, hereinafter "Agency", and
Veronica Ayala hereinafter referred to as "Tenant".
Recitals:
1. This Lease is for property which has been rehabilitated and purchased by the
San Juan Capistrano Community Redevelopment Agency (hereinafter referred to as
AAgency@) with the assistance of Community Development Block Grant (CDBG) funds
from the Department of Housing & Urban Development (HUD).
2. As such, this property is required to be leased ons 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 ALittle Hollywood Affordable Rental Housing Program
Guidelines/Operating Procedures@ (hereinafter referred to as AProgram Guidelines@)
(Exhibit A).
Now Therefore, Agency and Tenant mutually agree as follows:
I. 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 26610 Mission Street, San Juan
Capistrano, CA 92675.
2. Term: The term of this lease shall be for a period of nine (9) months, to and
including March 20, 2010 through December 31, 20010.
3. Rent: Tenant shall pay to Landlord as rent for the Premises, the sum of $506.00
dollars per month, in advance on the first day of each month during the term hereof.
The prorated runt beginning on March 20, 2010 is $1441 plus a $50.60 payment
(first of ten consecutive monthly payments) towards the security deposit of 506.60.
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.
4. Security Deposit. Tenant agrees to pay the security deposit of $506.00 dollars
in 10 consecutive monthly payments beginning March 20, 2010 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 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, small
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.
5. 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.
6. Use: It is agreed that the Premises shall be used only for residence purposes, for
one family consisting of 1 adult(s), (hereinafter referred to as ATenant Household @ and as
referenced in Exhibit A), 4 minor children, and _ 0 _ pet(s)*, 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.
7. Utilities: The Tenant shall pay for all utilities including water, gas, beat, light,
power, telephone service, and other services supplied to the Premises.
8. 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 dines 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.
9. Alterations and Additions: Tenant shall not, without the Landlord's prior written
consent make any interior or exterior alterations improvements or additions in or about
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.
10. 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.
11. 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 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 the 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.
12. 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.
13. Default: It is agreed between the parties hereto that if any rent shall be due
hereunder and unpaid, at any time 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 provisions,
Landlord may terminate this agreement in accordance with law based upon breach of this
agreement. Further, 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.
14. Abandonment: Tenant shall not vacate or abandon the Premises at any time
during the term of this Lease.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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
f. • ►21
Veronica Ayala
26610 Mission Street
San Juan Capistrano, CA 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.
20. 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.
21. Time: Time is of the essence of this Lease.
22. 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.
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
"y
Executi46 Director
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
s ••►.... .. ... ...... — "RESIDENTIAL LEASE
This residential lease is made this 1$# day of January, 2010, by and between the San
Juan Capistrano Community Redevelopment Agency, hereinafter "Agency" and
Holly Johnson, hereinafter referred to as "Tenant".
Recitals:
I. This Lease is for property which has been rehabilitated and purchased by the San
Juan Capistrano Community Redevelopment Agency (hereinafter referred to as AAgency@)
with the assistance of Community Development Block Grant (CDBG) funds from the
Department of Housing & Urban Development (HUD).
2. 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 ALittle Hollywood Affordable Rental Housing Program
Guidelines/Operating Procedures@ (hereinafter referred to as AProgram Guidelines@)
(Exhibit A).
Now Therefore, Agency and Tenant mutually agree as follows:
1. 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 26604 Mission Street, San Juan Capistrano, CA
92675.
2. Term: The term of January 1, 2010 through December 31, 2010.
3. Rent: Tenant shall pay to Landlord as rent for the Premises, the sum of 442.00
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.
4. Security Deposit: Tenant has on deposit 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 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.
5. 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.
6. Use: It is agreed that the Premises shall be used only for residence purposes, for
one family consisting of 1 adult(s), (hereinafter referred to as ATenant Household @ and as
referenced in Exhibit A ), 1 minor children, and _1_ 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.
7. Utilities: The Tenant shall pay for all utilities including water, gas, heat, light, power,
telephone service, and other services supplied to the Premises.
8. Regairs 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.
9. Alterations and Additions: Tenant shall not without the Landlord's rior written
consent,.make any interior or exterior alterations im rovements or additions in or about
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.
10. 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.
11. 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 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 the 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.
12. 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.
13. Default: It is agreed between the parties hereto that if any rent shall be due
hereunder and unpaid, at any time 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 provisions,
Landlord may terminate this agreement in accordance with law based upon breach of this
agreement. Further, 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.
14. Abandonment: Tenant shall not vacate or abandon the Premises at any time during
the term of this Lease.
15. 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 forthe purpose of
exhibiting the Premises to prospective purchasers or tenants.
16. 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.
17. 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.
18. 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.
19. notices: Whenever under this Lease a provision is made for any demand, notice or
declaration of any hind, 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:
Holly Johnson
26604 Mission Street
San Juan Capistrano, CA 92675
Such notice shall be deemed to be received within forty-eight (46) hours from the time of
mailing, if mailed as provided for in this paragraph.
20. 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.
21. Time: Time is of the essence of this Lease.
22. 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.
TENANT
BY
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
By
(L�YExecutive Director
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
LITTLE HOLLYWOOD
AFFORDABLE HOUSING PROGRAM
RESIDENTIAL LEASE
This residential lease is made this 1st of February, 2010, by and between the
San Juan Capistrano Community Redevelopment Agency, hereinafter "Agency", and
Kathie Schanderl hereinafter referred to as "Tenant".
Recitals. -
1 -
ecitals:
1. This Lease is for property which has been rehabilitated and purchased by the
San Juan Capistrano Community Redevelopment Agency (hereinafter referred to as
AAgency@) with the assistance of Community Development Block Grant (CDBG) funds
from the Department of Housing & Urban Development (HUD).
2. As such, this property is required to be leased ons 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 Dousing agencies. Guidelines for income qualification and rent calculation are
provided in the document titled Aittle Hollywood Affordable Rental Housing Program
Guidelines/Operating Procedures@ (hereinafter referred to as AProgram Guidelines@)
(Exhibit A).
Now Therefore, Agency and Tenant mutually agree as follows:
1. 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 31668 Ramos Way,
San Juan Capistrano, CA 92675.
2. Term: The term of this lease shall be for a period of twelve (11) months, to and
including February 1, 2010 - December 31, 2010.
3. Rent: Tenant shall pay to Landlord as rent for the Premises, the sum of 657.00
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.
4. Security Deposit: Tenant is to have on deposit the sum of $657.00 dollars
to be paid to the City of Sari Juan Capistrano as a security deposit for the Tenant's
faithful performance of the provisions of this Lease. The tenant will make 10
installments in the amount of $65.70 or until the amount of $657.00 Security Deposit
is paid which evere comes first towards the Security Deposit beginning on March 1,
2010. 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 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.
5. 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.
6. Use: It is agreed that the Premises shall be used only for residence purposes, for
one family consisting of 1 adult(s), (hereinafter referred to as ATenant Household@ and as
referenced in Exhibit A ), 2 minor children, and NO pet(s)*, 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.
7. Utilities: The Tenant shall pay for all utilities including water, gas, heat, light,
power, telephone service, and other services supplied to the Premises.
8. Reairs 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 if the tenant is responsible for the damage.
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.
9. Alterations and Additions: Tenant shall not, without the Landlord's prior written
consent make any interior or exterior alterations improvements or additions in or about
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.
14. 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.
11. Damage to Premises.
(a) If the Premises are so damaged by fire or from any other causes as to render
it untenantabie, 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 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 the 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.
12. Assi nment 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.
13. Default: It is agreed between the parties hereto that if any rent shall be due
hereunder and unpaid, at any time 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 provisions,
Landlord may terminate this agreement in accordance with law based upon breach of this
agreement. Further, 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.
14. Abandonment: Tenant shall not vacate or abandon the Premises at any time
during the term of this Lease.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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:
Kathie Schanderl
31668 Ramos, San Juan Capistrano, CA 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.
20. 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.
21. Time: Time is of the essence of this Lease.
22. .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.
TENANT
BY 6, 1111
athie Scharr erl
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
By Z, ;fi
Executive Director
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
RESIDENTIAL, LEAS
This residential lease is made this 1 st day of January, 2010, by and between the San
Juan Capistrano Community Redevelopment Agency, hereinafter "Agency", and
Julia and Merced Rosales, hereinafter referred to as "Tenant".
Recitals:
1. This Lease is for property which has been rehabilitated and purchased by the San
Juan Capistrano Community Redevelopment Agency (hereinafter referred to as AAgency@)
with the assistance of Community Development Block Grant (CDBG) funds from the
Department of Housing & Urban Development (HUD).
2. As such, this property is required to be leased o._Djl to individuals who qualify
under HUD's income standards as being in the very low and low income bracket. Refit 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 ALittle Hollywood Affordable Rental Housing Program
Guidelines/Operating Procedures@ (hereinafter referred to as Aerogram Guidelines@)
(Exhibit A).
Now Therefore, Agency and Tenant mutually agree as follows:
1. 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 26512 Mission Street, San Juan Capistrano, CA
92675,
2. Term: The term of this lease shall be for a period of twelve (12) months, to and
including January 1, 2010 through December 31, 2010.
3. Rent: Tenant shall pay to Landlord as rent for the Premises, the sum of 1,576,00
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.
4. SecurijM Deposit: Tenant has on deposit the sum of 871.00 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 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.
5. 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.
6. Use: It is agreed that the Premises shall be used only for residence purposes, for
one family consisting of 2 adult(s), (hereinafter referred to as ATenant Household@ and as
referenced in Exhibit A ), 0 minor children, and _ 0_ pet(s)*, 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.
7. Utilities: The Tenant shall pay for all utilities including water, gas, heat, light, power,
telephone service, and other services supplied to the Premises,
8. epairs 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.
9. Alterations and Additions: Tenant shall not without the Landlord's orior written
consent make any interior or exterior alterations improvements or additions in or about
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
)seep the Premises free from any liens arising out of any work performed, materials
furnished or obligations incurred by the Tenant.
10. 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.
11. 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 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 the 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 malting of repairs interferes with reasonable use
of the Premises.
12. 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.
13. Default. It is agreed between the parties hereto that if any rent shall be due
hereunder and unpaid, at any time 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 provisions,
Landlord may terminate this agreement in accordance with law based upon breach of this
agreement. Further, 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.
14. Abandonment: Tenant shall not vacate or abandon the Premises at any time during
the term of this Lease.
15. Entry by Landlord: The Tenant shall permit the Landlord and/or its agents to enter
into and upon the Premises at ail 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.
16. 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.
17. 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.
19. 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:
Julia and Merced Rosales
26512 Mission Street
San Juan Capistrano, CA 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.
20. 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.
21. Time: Time is of the essence of this Lease.
22. 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.
TENANT
BY -�
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
By
LEx cutive Director
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
LITTLE HOLLYWOOD
AFFORDABLE HOUSING PROGRAM
RESIDENTIAL LEASE
This residential [ease is made this 15th day of April, 2010, by and between the
San Juan Capistrano Community Redevelopment Agency, hereinafter "Agency" and
Maribel Pedraza, hereinafter referred to as "Tenant".
Recitals:
1. This Lease is for property which has been rehabilitated and purchased by the
San Juan Capistrano Community Redevelopment Agency (hereinafter referred to as
AAgency@) with the assistance of Community Development Block Grant (CDBG) funds
from the Department of Housing & Urban Development (HUD).
2. 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 ALittle Hollywood Affordable Rental Housing Program
Guidelines/Operating Procedures@ (hereinafter referred to as AProgram Guidelines@)
(Exhibit A).
Now Therefore, Agency and Tenant mutually agree as follows:
1. Premises: Landlord hereby leases to Tenant and Tenant hereby leases from
Landlord, on the term 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 31651 Ramos Way,San Juan Capistrano,
CA 92675.
2, Term: The term of this lease shall be for a period of e-kk (8) months, to and
including April 15, 2010 through December 31, 2010.
1 Rent: Tenant shall pay to Landlord as rent for the Premises, the sum of 657.00
dollars per month, in advance on the first day of each month during the term hereof. The
First month rent for Premises arae on or before April 15 2010 is $328,50 for 15 days.
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.
4. Security Deposit: Tenant has on deposit the sum of $657.00 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 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.
5. 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.
6. Use: It is agreed that the Premises shall be used only for residence purposes, for
one family consisting of 1 adult(s), (hereinafter referred to as ATenant Household @ and as
referenced in Exhibit A ), 3 minor child, and _ 0_ 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 dousing
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.
7. Utilities: The Tenant shall pay for all utilities including water, gas, heat, light,
power, telephone service, and other services supplied to the Premises.
8. 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.
9. Alterations and Additions: Tenant shall not without the Landlord's prior written
consent make any interior or exterior alterations improvements or additions in or about
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.
10, 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.
11. 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 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 the 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.
12. 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.
13. 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 provisions,
Landlord may terminate this agreement in accordance with law based upon breach of this
agreement. Further, 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.
14. Abandonment: Tenant shall not vacate or abandon the Premises at any time
during the term of this Lease and if the tenants provide notice to exit the premises
and the Rental Subsidy Program the resident who does exit the premises will not be
allowed to reenter the Little Hollywood and/or the City of San Juan Capistrano
Rental Subsidy Program.
15. Ent 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.
16. 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.
17. 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.
18.
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.
19. 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:
Maribel Pedraza
31651 Ramos Way
San Juan Capistrano, CA 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.
20. 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.
21. Time: Time is of the essence of this Lease.
22. 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.
MM
AM
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
LITTLE HOLLYWOOD
AFFORDABLE HOUSING PROGRAM
RESIDENTIAL LEASE
This residential lease is made this 12 th of February, 2010, by and between the
San Juan Capistrano Community Redevelopment Agency, hereinafter "Agency", and
Crista M. Kelsey hereinafter referred to as "Tenant".
Recitals:
1. This Lease is for property which has been rehabilitated and purchased by the
San Juan Capistrano Community Redevelopment Agency (hereinafter referred to as
AAgency@) with the assistance of Community Development Block Grant (CDBG) funds
from the Department of Housing & Urban Development (HUD).
2. 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 ALittle Hollywood Affordable Rental Housing Program
Guidelines/Operating Procedures@ (hereinafter referred to as AProgram Guidelines@)
(Exhibit A).
Now Therefore, Agency and Tenant mutually agree as follows:
1. 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 31655 Ramos Way,
San Juan Capistrano, CA 92675.
2. Term: The term of this lease shall be for a period of twelve (10) months, to and
including February 12, 2010 - December 31, 2010.
3. Rent: Tenant shall pay to Landlord as rent for the Premises, the sum of 506.00
dollars per month, in advance on the first day of each month during the term hereof. The
prorated rent for February, 2010 is $289.62. 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.
4. Security
Deposit: Tenant is to have on deposit the sum of $506.00 dollars
to be paid to the City ®f San Juan Capistrano as a security deposit for the Tenant's
faithful performance of the provisions of this Lease. The tenant will make 10
installments in the amount of $50.60 or until the amount of $506.00 Security Deposit
is paid which evere comes first towards the Security Deposit beginning on
April 1, 2010. 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 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
underthis Lease, the security deposit orthat 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.
5. 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.
6. Use: It is agreed that the Premises shall be used only for residence purposes, for
one family consisting of 1 adult(s), (hereinafter referred to as ATenant Household@ and as
referenced in Exhibit A ), 2 minor children, and NO pet(s)*, 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.
7. Utilities: The Tenant shall pay for all utilities including water, gas, heat, light,
power, telephone service, and other services supplied to the Premises.
8. 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 bV the Tenant will be repaired by the Landlord and
billed to the Tenant if the tenant is responsible for the damage.
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.
9. Alterations and Additions: Tenant shall not, without the Landlord's prior written
conser�T make any interior or exterior alterations im rovements or additions in or about
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.
10. 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 orfrom
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.
11. 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 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 the 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.
12. 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.
13. Default: It is agreed between the parties hereto that if any rent shall be due
hereunder and unpaid, at any time during the term of the [ease, 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 provisions,
Landlord may terminate this agreement in accordance with law based upon breach of this
agreement. Further, the Landlord may, at his option, either maintain the Lease in full farce
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.
14. Abandonment: Tenant shall not vacate or abandon the Premises at any time
during the term of this Lease.
15. 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, orfor the purpose
of exhibiting the Premises to prospective purchasers or tenants.
16. 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.
17. 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.
18. 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.
19. 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
TO TENANT AT:
San Juan Capistrano, CA 92675
Crista M. Kelsey
31655 Ramos Way,
San Juan Capistrano, CA 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.
20. 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.
21. Time: Time is of the essence of this Lease.
22. 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.
IN
AM
SAN JUAN CAPISTRANO
COMMU ITY REDEVELOPMENT AGENCY
a
RIl , 4
Executive Director
LITTLE HOLLYWOOD
AFFORDABLE HOUSING PROGRAM
RESIDENTIAL LEASE
This residential lease is made this 1 sx day of January, 2010, by and between the San
Juan Capistrano Community Redevelopment Agency, hereinafter "Agency", and
Custodia Torres, hereinafter referred to as "Tenant".
Recitals:
1. This Lease is for property which has been rehabilitated and purchased by the San
Juan Capistrano Community Redevelopment Agency (hereinafter referred to as AAgency@)
with the assistance of Community Development Block Grant (CDBG) funds from the
Department of Housing & Urban Development (HUD).
2. As such, this property is required to be leased gEly 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 ALittle Hollywood Affordable Rental Housing Program
Guidelines/Operating Procedures@ (hereinafter referred to as AProgram Guidelines@)
(Exhibit A).
Now Therefore, Agency and Tenant mutually agree as follows:
1. 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 26602 Mission Street, San Juan Capistrano, CA
92675.
2. Term: The term of this lease shall be for a period of twelve (12) months, to and
including January 1, 2010 yap to December 31, 2410.
3. Rent: Tenant shall pay to Landlord as rent for the Premises, the sum of $ 965.00
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.
4. Security Deposit: Tenant has on deposit the sum of $871.00 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 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.
5. 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.
6. Use: It is agreed that the Premises shall be used only for residence purposes, for
one family consisting of 1 adult(s), (hereinafter referred to as ATenant Household @ and as
referenced in Exhibit A ), 3 minor children, and —0 _ pet(s)*, 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.
7. Utilities: The Tenant shall pay for all utilities including water, gas, heat, light, power,
telephone service, and other services supplied to the Premises.
8. 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.
9. Alterations and Additions: Tenant shall not without the Landlord's prior written
consent make any interior or exterior alterations improvements or additions in or about
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.
10. Hold Harmless: Tenant shall indemnify and bold 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.
11. 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 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 the 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.
12. Assignment and Sublettin : 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.
13. Default: It is agreed between the parties hereto that if any rent shall be due
hereunder and unpaid, at any time 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 provisions,
Landlord may terminate this agreement in accordance with law based upon breach of this
agreement. Further, 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.
14. Abandonment: Tenant shall not vacate or abandon the Premises at any time during
the term of this Lease.
15. 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.
16. Attorne '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.
17. 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.
18. 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.
19. 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:
Custodia Torres
26602 Mission Street
San Juan Capistrano, CA 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.
24. 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.
21. Time: Time is of the essence of this Lease.
22, 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.
TENANT
BY1
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
By
Exedutive Director
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
LITTLE HOLLYWOOD
AFFORDABLE HOUSING PROGRAM
RESIDENTIAL LEASE
This residential lease is made this 16th day of June, 2010, by and between the
San Juan Capistrano Community Redevelopment Agency, hereinafter "Agency", and
Jessie and Janice, hereinafter referred to as "Tenant".
Recitals:
1. This Lease is for property which has been rehabilitated and purchased by the
San Juan Capistrano Community Redevelopment Agency (hereinafter referred to as
P,Agency@) with the assistance of Community Development Block Grant (CDBG) funds
from the Department of Housing & Urban Development (HUD).
2. 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 ALittle Hollywood Affordable Rental Housing Program
Guidelines/Operating Procedures@ (hereinafter referred to as AProgram Guidelines@)
(Exhibit A).
Now Therefore, Agency and Tenant mutually agree as follows:
1. 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 26602 Mission Street, San Juan
Capistrano, CA 92675.
2. Term: The term of this lease shall be for a period of nine (6) months, to and
including June 16, 2010 through December 31, 2010.
3. Rent; Tenant shall pay to Landlord as rent for the Premises, the sum of 535.00
dollars per month, in advance on the first day of each month during the term hereof (initial
rental payment of $$784.66 is from June 16, 2010 to December 31, 2010). The 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.
4. Security Deposit: Tenant is to have on deposit the sum of $535.00 dollars. First
payment upon entry is $53.50 and tenantwill make an additional 9 equal payments of
$53.50 to complete the $535.00 held 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 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.
5. 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.
6. Use: It is agreed that the Premises small be used only for residence purposes, for
one family consisting of 2 adult(s), (hereinafter referred to as ATenant Household@ and as
referenced in Exhibit A ), 4 minor child, and _ 0_ pet(s)*, 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.
7. Utilities: The Tenant shall pay for all utilities including water, gas, heat, light,
power, telephone service, and other services supplied to the Premises.
a. 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 damagecaused by the Tenant will be repaired by the Landlord and billed to
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.
9. Alterations and Additions: Tenant shall not, without the Landlord's prior written
consent make any interior or exterior alterations improvements or additions in or about
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.
10, 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.
11. 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 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 the 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.
12. 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.
13. Default: It is agreed between the parties hereto that if any rent shall be due
hereunder and unpaid, at any time 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 provisions,
Landlord may terminate this agreement in accordance with law based upon breach of this
agreement. Further, 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.
14. Abandonment: Tenant shall not vacate or abandon the Premises at any time
during the term of this Lease and if the tenants provide notice to exit the premises
and the Rental Subsidy Program the resident who does exit the premises will not be
allowed to re-enter the Little Hollywood and/or the City of San Juan Capistrano
Rental Subsidy Program.
15. 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.
16. 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.
17, 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.
18. 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.
19. Notices: Whenever under this Lease a provision is made for any demand, notice or
declaration of any kind, it shall be in writing and sewed 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:
Jesse and Janice Gomez
26602 Mission Street
San Juan Capistrano, CA 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.
20. 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.
21. Time: Time is of the essence of this Lease.
22. 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.
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
By 4&VeJ- - )�
Executive Dir for
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
LITTLE HOLLYWOOD
AFFORDABLE HOUSING PROGRAM
RESIDENTIAL LEASE
This residential lease is made this 12th day of March, 2010, by and between the
San Juan Capistrano Community Redevelopment Agency, hereinafter "Agency", and
Valerie A. Eddy - Johnson, hereinafter referred to as "Tenant".
Recitals:
1. This Lease is for property which has been rehabilitated and purchased by the
San Juan Capistrano Community Redevelopment Agency (hereinafter referred to as
AAgency@) with the assistance of Community Development Block Grant (CDBG) funds
from the Department of Housing & Urban Development (HUD).
2. 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
prodded in the document titled ALittle Hollywood Affordable Rental Housing Program
Guidelines/Operating Procedures@ (hereinafter referred to as AProgram Guidelines@)
(Exhibit A).
Now Therefore, Agency and Tenant mutually agree as follows:
1. 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
31678 Ramos San Juan Capistrano, CA 92675.
2. Term: The term Wols lease shall be for a period of nine (9) months, to and
including March 12, 2010 through December 31, 2010.
3. Rent: Tenant shall pay to Landlord as rent for the Premises, the sum of 426.00
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.
4. Security Deposit: Tenant has on deposit the sum of $1500.00 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 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.
5. 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.
6. Use: It is agreed that the Premises shall be used only for residence purposes, for
one family consisting of 1 adult(s), (hereinafter referred to as ATenant Household@ and as
referenced in Exhibit A ), 0 minor children, and _ 0_ 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.
i. Utilities; The Tenant shall pay for all utilities including water, gas, heat, light,
power, telephone service, and other services supplied to the Premises.
8. Repairs and Maintenance: The Landlord shall at its sole cost and expense beep
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 re aired 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.
9. Alterations and Additions: Tenant shall not without the Landlord's prior written
consent make any interior or exterior alterations improvements or additions in or about
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.
10. Hold Harmless. Tenant shall indemnify and bold 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.
11. 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 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 the 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.
12, 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.
13. Default: It is agreed between the parties hereto that if any rent shall be due
hereunder and unpaid, at any time 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 provisions,
Landlord may terminate this agreement in accordance with law based upon breach of this
agreement. Further, 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 bylaw.
14. Abandonment: Tenant shall not vacate or abandon the Premises at any time
during the term of this Lease and if the tenants provide notice to exit the premises
and the Rental Subsidy Program the resident who does exit the premises will not be
allowed to re-enter the Little Hollywood and/or the City of San Juan Capistrano
Rental Subsidy Program,
15. 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.
16. 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.
17. 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.
18. 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.
19. 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:
Valerie A. Eddy -Johnson
31678 Ramos Street
San Juan Capistrano, CA 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.
20. 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.
21. Time: Time is of the essence of this Lease.
22, 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.
TENANT
BY
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
By ✓-
ecutive Director 0
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
LITTLE HOLLYWOOD
AFFORDABLE HOUSING PROGRAM
RESIDENTIAL LEASE
This residential lease is made this 15t day of January, 2010, by and between the San
Juan Capistrano Community Redevelopment Agency, hereinafter "Agency", and
Nicole Camou hereinafter referred to as "Tenant".
Recitals,
1. This Lease is for property which has been rehabilitated and purchased by the San
Juan Capistrano Community Redevelopment Agency (hereinafter referred to as AAgency@)
with the assistance of Community Development Block Grant (CDBG) funds from the
Department of Housing & Urban Development (HUD).
2. As such, this property is required to be leased gUl 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 ALittle Hollywood Affordable Rental Housing Program
Guidelines/Operating Procedures@ (hereinafter referred to as AProgram Guidelines@)
(Exhibit A),
Now Therefore, Agency and Tenant mutually agree as follows:
1. 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 26511 Mission Street, San Juan Capistrano, CA
92675.
2. Term: The term of this lease shall be for a period of 12 months, from
January 1, 2010 through December 31, 2010.
3. Rent: Tenant shall pay to Landlord as rent for the Premises, the sum of 442.00
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.
4. Deposit: Tenant has a security deposit for the Tenant's faithful
ec�rr�ty, ,
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 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.
5. 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.
6. Use: It is agreed that the Premises shall be used only for residence purposes, for
one family consisting of 1 adult(s), (hereinafter referred to as ATenant Household @ and as
referenced in Exhibit A), 1 minor children, and —0 — pet(s)*, 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, orwill cause a cancellation of
any insurance policy covering the Premises.
7. Utilities: The Tenant shall pay for all utilities including water, gas, heat, light, power,
telephone service, and other services supplied to the Premises.
8. Repairs and Maintenance: The Landlord shall at its sole cost and expense keep
and maintain the exterior walls, roof, electrical wiring, beating 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.
9. Alterations and Additions: Tenant shall not without the Landlord's orior written
consent make any interior or exterior alterations im rovements or additions in or about
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.
10. 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.
11. 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 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 the 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.
12. Assignment and ct_ „ n 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.
13. Default: It is agreed between the parties hereto that if any rent shall be due
hereunder and unpaid, at any time 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 provisions,
Landlord may terminate this agreement in accordance with law based upon breach of this
agreement. Further, 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.
14. Abandonment: Tenant shall not vacate or abandon the Premises at any time during
the term of this Lease.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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
Nicole Camou
26511 Mission Street
San Juan Capistrano, CA 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.
20. 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.
21. Time. Time is of the essence of this Lease.
22. Joint and Several Obligation : "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.
TENANT
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
By.
E ecutive Director
0A.
+ss■
eWMI 1-19AM"10119 Inclu Ici
RESIDENTIAL LEASE
This residential lease is made this 15t day of January, 2010, by and between the San
Juan Capistrano Community Redevelopment Agency, hereinafter "Agency" and
Victoria Brown, hereinafter referred to as "Tenant".
Recitals:
1. This Lease is for property which has been rehabilitated and purchased by the San
Juan Capistrano Community Redevelopment Agency (hereinafter referred to as PAgency@)
with the assistance of Community Development Bloch Grant (CDBG) funds from the
Department of Housing & Urban Development (HUD).
2. As such, this property is required to be leased gMI 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 ALittle Hollywood Affordable Rental Housing Program
Guidelines/Operating Procedures@ (hereinafter referred to as AProgram Guidelines@)
(Exhibit A).
Now Therefore, Agency and Tenant mutually agree as follows:
1. 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 26587 Ramos Street, San Juan Capistrano, CA
92675.
2. Term: The term of January 1, 2010 through December 31, 2010.
3. Rent: Tenant shall pay to Landlord as rent for the Premises, the sum of $762.00
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.
4. Security Deposit: Tenant has on deposit the sum of $750.00 dollars as a security
RESIDENTIAL LEASE
This residential lease is made this 1 st day of January, 2010, by and between the San
Juan Capistrano Community Redevelopment Agency, hereinafter "Agency", and
Victoria Brown, hereinafter referred to as "Tenant",
Recitals:
1. This Lease is for property which has been rehabilitated and purchased by the San
Juan Capistrano Community Redevelopment Agency (hereinafter referred to as AAgency@)
with the assistance of Community Development Block Grant (CDBG) funds from the
Department of Housing & Urban Development (HUD).
2. 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 ALittle Hollywood Affordable Rental Housing Program
Guidelines/Operating Procedures@ (hereinafter referred to as AProgram Guidelines@)
(Exhibit A).
Now Therefore, Agency and Tenant mutually agree as follows:
1. 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 Grange,
State of California, commonly known as 26587 Ramos Street, San Juan Capistrano, CA
92675,
2, Term: The term of January 1, 2010 through December 31, 2010.
3. Fiera: Tenant shall pay to Landlord as rent for the Premises, the sum of $762.00
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.
4. Security_Deposit: Tenant has on deposit the sum of $750.00 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 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.
5. 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.
6. Use: It is agreed that the Premises shall be used only for residence purposes, for
one family consisting of 1 adult(s), (hereinafter referred to as ATenant Household@ and as
referenced in Exhibit A ), 3 minor children, and _ 1_ 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, orwill cause a cancellation of
any insurance policy covering the Premises.
7. Utilities: The Tenant shall pay for all utilities including water, gas, beat, light, power,
telephone service, and other services supplied to the Premises.
B. 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 treater, 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. An_y_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.
9. Alterations and Additions: Tenant shall not without the Landlord's l2rior written
consent mare any interior or exterior alterations improvements or additions in or about
the Premises with the exce tion 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.
10. 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.
11. 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 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 the 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.
12. 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.
13. Default: It is agreed between the parties hereto that if any rent shall be due
hereunder and unpaid, at any time 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 provisions,
Landlord may terminate this agreement in accordance with law based upon breach of this
agreement. Further, 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.
14. Abandonment; Tenant shall not vacate or abandon the Premises at any time during
the term of this Lease.
15. 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.
15. 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.
17. 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.
18. 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.
19. 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:
Victoria Brown
26587 Ramos Street
San Juan Capistrano, CA 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.
20. Waivers: No wai\ by Landlord of any provision hereof "gall be deemed a waiver
of any other provision hereof or of any subsequent breach by 'k Gnant of the same or any
other provisions.
21. Time; Time is of the essence of this Lease.
22. 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.
TENANT
BY
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
By
Ex cutive Director
ATTACHMENT A
PET AGREEMENT
Address: 25610 Ramos
San Juan Capistrano, CA. 92675
Date of Agreement: January 1 2010
Residents:
TERMS:
X CONDITIONAL AUTHORIZATION FOR PET. Residents are hereby authorized to
keep a pet(s) as described below, on the premises of the above property until the
lease expires. Authorization may be terminated if residents= right of occupancy is
lawfully terminated or if the pet rules listed below are violated in any way by the
resident or residents= family, guest or invitee.
X ADDITIONAL SECURITY DEPOSIT., The total security deposit as required in the
lease shall be increased by $ 500.00. (Pet Deposit on File City of SJC)
X PET FEE: Resident will pay a one time non-refundable pet fee of $ 500.00 in order
to have the pets on the premises.
X NO LIMIT ON LIABILITY: The $ 500.00 pet fee under this pet agreement is not a
limit on the residents= liability for property damages, cleaning, deodorization,
defleaincg, replacements and/or personal injuries set forth below:
i
X DESCRIPTION OF PET: Only the following pets are authorized to be kept in the
residents= property. No substitutions are allowed. No other pets shall be permitted
on the premises by residents= guests or occupants unless listed on this agreement.
X PET RULES: Residents are responsible for the actions of the pets at all times and
agree to abide by the following;
X Residents agree that the pets will not disturb the rights, comforts and
convenience of other residents.
X Dogs and cats must be house broken. No pet off -spring are allowed.
X The pets shall not be tied to any fixed object in the house or in the yard.
LIABILITY:
X LIABILITY FOR DAMAGES: Residents shall be liable for the entire amount of all
damages caused by such pet. This applies to carpets, doors, walls, drapes,
windows, screens, furniture, appliances and any other part of the property, including
landscaping. If such items cannot be satisfactorily cleaned or repaired, residents
must pay for complete replacement by owner. Payment for damages, repairs,
cleaning, replacement, etc. due immediately upon demand. Residents shall be
strictly liable for the entire amount of any injury to the person or property of others,
caused by such pet, and the residents shall indemnify owner for all costs of litigation
and attorney=s fees resulting from same.
X MOVE OUT: Upon move -out of residents, the carpet will be professionally
shampooed, and deflead for the protection of future residents. Resident shall also
be liable for deodorization of the premises, if such is necessary in the judgement of
the owner. Such shampooing, defleaing and/or deodorization will be arranged by the
owner and paid by the resident.
X VIOLATION OF RULES: If any rule or provision of the Pet Agreement is violated by
residents, other occupants, guests, or invitees, residents shall at owner=s option,
immediately and permanently remove the pet from the premises upon written notice
by the owner or owner=s representative. If the resident refuses to remove the pet,
eviction procedures will begin at owner=s option.
X
THIS IS A BINDING, LEGAL DOCUMENT. READ CAREFULLY BEFORE SIGNING.
Residents:!1L rU�" Date:
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
LITTLE HOLLYWOOD
AFFORDABLE HOUSING PROGRAM
RESIDENTIAL LEASE
This residential lease is made this 1st day of September, 2010, by and between the
San Juan Capistrano Community Redevelopment Agency, hereinafter "Agency", and
Paulette Wattenburg, hereinafter referred to as "Tenant".
Recitals:
1. This Lease is for property which has been rehabilitated and purchased by the
San Juan Capistrano Community Redevelopment Agency (hereinafter referred to as
AAgency@) with the assistance of Community Development Block Grant (CDBG) funds
from the Department of Housing & Urban Development (HUD).
2. As January 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 ALittle Hollywood Affordable Rental Housing
Program Guidelines/Operating Procedures@ (hereinafter referred to as AProgram
Guidelines@) (Exhibit A).
Now Therefore, Agency and Tenant mutually agree as follows:
1. 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, San Juan
Capistrano, CA 92675.
2. Term: The term of this lease shall be for a period of three (3) months, to and
including September 1, 2010 through December 31, 2010.
3. Rent. Tenant shall pay to Landlord as rent for the Premises, the sum of 251.00
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.
4. SecurityDeposit: Tenant has on deposit the sum of $588.00 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 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.
5. 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.
6. Use: It is agreed that the Premises shall be used only for residence purposes, for
one family consisting of 1 adult(s), (hereinafter referred to as ATenant Household@ and as
referenced in Exhibit A), 0 minor children, and 0_ pet(s)*, 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.
7. Utilities The Tenant shall pay for all utilities including water, gas, heat, light,
power, telephone service, and other services supplied to the Premises.
8. 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.
9. Alterations and Additions: Tenant shall not, without the Landlord's prior written
consent make any interior or exterior alterations improvements or additions in or about
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.
10. 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.
11. 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 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 the 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.
12. 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.
13. Default: It is agreed between the parties hereto that if any rent shall be due
hereunder and unpaid, at any time 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 provisions,
Landlord may terminate this agreement in accordance with law based upon breach of this
agreement. Further, 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.
14. Abandonment: Tenant shall not vacate or abandon the Premises at any time
during the term of this Lease and if the tenants provide notice to exit the premises and the
Rental Subsidy Program the resident who does exit the premises will not be allowed to re-
enter the Little Hollywood and/or the City of San Juan Capistrano Rental Subsidy Program.
15. EnjU 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.
16. 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.
17. 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.
18. 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.
19. 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
elow:
TO LANDLORD AT: City of San Juan Capistrano
Community Redevelopment Agency
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
TO TENANT AT:
Paulette Wattenburg
26571 Ramos Street
San Juan Capistrano, CA 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.
20. 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.
21. Time: Time is of the essence of this Lease.
22. 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.
TENANT
Z) °7
BY �, ® IV
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
By
(--,EOcutive Director
2010 Multi -Family Affordable Housing Program
Orange County Income & Rent Limits
2010 Orange County Income Limits %
US Dept. of Housing & Urban Development Median
Based on Household Size (June 2010) Income 1 Person 1 2 Person 3 Person 4 Person 1 5 Person 6 Person
Median Income 100% $61,050 $69,750 $78,500 $87,200 $94,200 $101,150
Low -Income
80%
$52,050
$59,450
$66,900E,$46,450
Utility Allowance
$80,250
$86,250
60%
$39,060
$44,640
$50,220
2 Bdrm
$60,240
$64,680
60% of Median
50%
$32,550
$37,200
$41,850
63
$50,200
$53,900
Very Low -Income
40%
$26,040
$29,760
$33,480
$40,160
$43;120
40% of Median
35%
$22,785
526040
$29295
$35,140
$37,730
35 % of Median
30%
$19,500
$22,300
$25,100
$30,100
$32,350
30°/ of Median
Source: Based upon 2010 Orange County median (State of Californla 2010 Income Llmits)
2010 Orange County Rent Limits- June 2010
Rent levels are based on 30% of the maximum family income in each category.
California Tax Credit Allocation Committee
Rent will be
adjusted based on the type of utilities
paid by the tenant.
Based on Bedroom Size % of Median Income
Effie. I
1 Bdrm
1 2 Bdrm 1
3 Bdrm
4 Bdrm 1
5 Bdrm
Median Income
ll 000k
$1,626
$1,742
$2,092
$2,416
$2,694
$2,972
Low Income
80%
$1,301
$1,394
$1,674
$1,933
$2,155
$2,378
60% of Median
60%
$976
$1,046
$1,255
$1,449
$1,617
$1,784
Very Low -Income
50%
$813
$871
$1,046
$1,208
$1,347
$1,486
40% of Median
40%
$651
$697
$837
$966
$1,078
$1,189
35 % of Median
35%
3569
$610
$732
$845
$94351,040
30% of Median
30%
$488
$523
$627
$724
$808
$892
Based upon Orange County Published Rent Limits
a�
2010 Affordable Housing Worksheet
Median
1
Based on Bedroom Size
Income
Effie,
1 Bdrm
2 Bdrm
3 Bdrm
4 Bdrm
5 Bdrm
60% of Medan
60%
9161
1046
1178
1308
1413
1517
Very Low-income
50%
763
872
981
1090
1178
1264
30% of Median
30%
5231
589
6541
7071
759
_4581
* Based upon Stradling Yocca Carlson & Rauth 2010 Orange County Affordable Housing Worksheet
2010 San Juan Capistrano Rent Limits
%
US Dept. of Housing & Urban Development
Median
1
Based on Household Size
Income
1 Person
2 Person
3 Person
4 Person
5 Person
6 Person
Median Income
100%
1,526
1,744
1,963
2,180
2,355
2,529
IMonthly
80%
1,301
1,486
1,673
1,858
2,006
2,156
Low -Income
income=
60%
977
1,116
1,256
1,394
1,506
1,617
60% of Median
Income/ 12
50%
814
930
1,046
11161
1,255
1,348
Very Low-income
and affordablE
40%
651
744
837
929
1,004
1,078
40% of Median
rent =
35%
570
651
732
813
879
943
35 % of Median
M. income x,3
30%
488
523
589
654
707
759
30 % of Median
25% of Median
250/, $407 $465 $523 $581 $67.8 $674
20./0 of Median
20%
$326
$372
$419
$465 1
$502
$539
* Based upon 2010 Orange Couniv Median income
2010 Orange County
Utility Allowance
Based on Bedroom Size
Effic.
1 Bdrm
2 Bdrm
3 Bdrm 4 Bdrm
Utility allowance is based upon the following: Gas heat, gas cooking, gas
water heater, basic electric service, water & refrigerator paid by tenant
51
63
75
111 126
Source: Orange County Housing Authority 2010 Utility Allowance Schedule November 2009
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
LITTLE HOLLYWOOD
AFFORDABLE HOUSING PROGRAM
RESIDENTIAL LEASE
This residential lease is made this 27th day of October, 2009, by and between the
San Juan Capistrano Community Redevelopment Agency, hereinafter "Agency", and
Perla Moreno hereinafter referred to as "Tenant".
Recitals:
1. This Lease is for property which has been rehabilitated and purchased by the
San Juan Capistrano Community Redevelopment Agency (hereinafter referred to as
AAgency@) with the assistance of Community Development Block Grant (CDBG) funds
from the Department of Housing & Urban Development (HUD).
2. As such, this property is required to be leased ons 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 ALittle Hollywood Affordable Rental Housing Program
Guidelines/Operating Procedures@ (hereinafter referred to as AProgram Guidelines@)
(Exhibit A).
Now Therefore, Agency and Tenant mutually agree as follows:
1. 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 26591 Ramos Street, San Juan
Capistrano, CA 92675.
2. Term: The term of this lease shall be for a period of twelve (14) months, to and
including October 27, 2009 through December 31, 2010.
3. Rent: Tenant shall pay to Landlord as rent for the Premises, the sum of 481.00
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.
4. Security Deposit: Tenant has on deposit the sum of $490.00 dollars to be paid to
the City of San Juan Capistrano in 10 paVments of $49.00 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
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.
5. 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.
6. Use: It is agreed that the Premises shall be used only for residence purposes, for
one family consisting of 1 adult(s), (hereinafter referred to as ATenant Household@ and as
referenced in Exhibit A ), 2 minor children, and _ 0 _ pet(s)*, 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.
7. Utilities; The Tenant shall pay for all utilities including water, gas, heat, light,
power, telephone service, and other services supplied to the Premises.
8. 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 §M 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.
9. Alterations and Additions: Tenant shall not without the Landlord's prior written
consent make any interior or exterior alterations improvements or additions in or about
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.
10. 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.
11. 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 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 the 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.
12. 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.
13. Default: It is agreed between the parties hereto that if any rent shall be due
hereunder and unpaid, at any time 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 provisions,
Landlord may terminate this agreement in accordance with law based upon breach of this
agreement. Further, 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.
14. Abandonment: Tenant shall not vacate or abandon the Premises at any time
during the term of this Lease.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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:
Perla Moreno
26591 Ramos Street
San Juan Capistrano, CA 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.
20. 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.
21. Time: Time is of the essence of this Lease.
22. 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.
TENA
BY .�.,
Perla Moreno
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
By w"
Exe utive Director
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
LITTLE HOLLYWOOD
AFFORDABLE HOUSING PROGRAM
RESIDENTIAL LEASE
This residential lease is made this 16th day of December, 2009, by and between the
San Juan Capistrano Community Redevelopment Agency, hereinafter "Agency" and
Margot M. Hileman hereinafter referred to as "Tenant".
Recitals:
1. This Lease is for properly which has been rehabilitated and purchased by the
San Juan Capistrano Community Redevelopment Agency (hereinafter referred to as
AAgency@) with the assistance of Community Development Block Grant (CDBG) funds
from the Department of Housing & Urban Development (HUD).
2. 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 ALittle Hollywood Affordable Rental Housing Program
Guidelines/Operating Procedures@ (hereinafter referred to as AProgram Guidelines@)
(Exhibit A).
Now Therefore, Agency and Tenant mutually agree as follows
1. 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 31682 Ramos Way,
San Juan Capistrano, CA 92675.
2. Term: The term of this lease shall be for a period of twelve (12Q months, to and
including December 16, 2009 through December 31, 2010.
3. Rent: Tenant shall pay to Landlord as rent for the Premises, the sum of 500.00
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.
4. Security Deposit: Tenant is to have on deposit the sum of $1750.00 dollars
to be paid to the City of San Juan Capistrano by Social Services Agency 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 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.
5. 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.
6, Use: It is agreed that the Premises shall be used only for residence purposes, for
one family consisting of 1 adult(s), (hereinafter referred to as ATenant Household@ and as
referenced in Exhibit A ), 3 minor children, and _ 0 _ pet(s)*, 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.
7. Utilities: The Tenant shall pay for all utilities including water, gas, heat, light,
power, telephone service, and other services supplied to the Premises.
6. 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 dama a 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.
9. Alterations and Additions: Tenant shall not without the Landlord's prior written
consent make any interior or exterior alterations im rovements or additions in or about
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.
10. 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.
11. 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 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 the 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.
12. 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.
13. Default: It is agreed between the parties hereto that if any rent shall be due
hereunder and unpaid, at any time 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 provisions,
Landlord may terminate this agreement in accordance with law based upon breach of this
agreement. Further, 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.
14. Abandonment; Tenant shall not vacate or abandon the Premises at any time
during the term of this Lease.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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:
Margot M. Hileman
31682 Ramos Way
San Juan Capistrano, CA 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.
20. 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.
21. Time; Time is of the essence of this Lease.
2. 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.
TENANT
BY
Mp&gpj,. Nileman
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
By
(--,!)ec6tive Director
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
• its
RESIDENTIAL
; LEASE
This residential lease is made this 1 st day of January, 2010, by and between the San
Juan Capistrano Community Redevelopment Agency, hereinafter "Agency", and
Jesus and Andrea Martinez hereinafter referred to as "Tenant".
Recitals:
1. This Lease is for property which has been rehabilitated and purchased by the San
Juan Capistrano Community Redevelopment Agency (hereinafter referred to as AAgency@)
with the assistance of Community Development Block Grant (CDBG) funds from the
Department of Housing & Urban Development (HUD).
2. 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 ALittle Hollywood Affordable Rental Housing Program
Guidelines/Operating Procedures@ (hereinafter referred to a$ AProgram Guidelines@)
(Exhibit A).
Now Therefore, Agency and Tenant mutually agree as follows:
1. 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 Grange,
State of California, commonly known as 26613 Mission Street, San Juan Capistrano, CA
92675.
2, Term: The term of this lease shall be for a period of twelve (12) months, to and
including January 1, 2010 through December 31, 2010.
3. Rent. Tenant shall pay to Landlord as rent for the Premises, the sum of
855.00 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.
4. Security Deposit: Tenant has on deposit the sum of $407.00 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 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.
5. 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.
6. Use: It is agreed that the Premises shall be used only for residence purposes, for
one family consisting of 2 adult(s), (hereinafter referred to as ATenant Household @ and as
referenced in Exhibit A ), 0 minor children, and —0 _ pet(s)*, 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.
7. Utilities: The Tenant shall pay for all utilities including water, gas, heat, light, power,
telephone service, and other services supplied to the Premises.
8. 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.
9. Alterations and Additions: Tenant shall not without the Landlord's prior written
consent make any interior or exterior alterations improvements or additions in or about
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.
10. 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.
11. 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 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 the 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.
12. 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.
13. Default: It is agreed between the parties hereto that if any rent shall be due
hereunder and unpaid, at any time 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 provisions,
Landlord may terminate this agreement in accordance with law based upon breach of this
agreement. Further, 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.
14. Abandonment: Tenant shall not vacate or abandon the Premises at anytime during
the term of this Lease.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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:
Jesus and Andrea Martinez
26613 Mission Street
San Juan Capistrano, CA 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.
20. 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.
21, Time: Time is of the essence of this Lease.
22. 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.
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
By
E ecutive Director
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
LITTLE HOLLYWOOD
AFFORDABLE HOUSING PROGRAM
RESIDENTIAL LEASE
This residential lease is made this 15th day of May, 2010, by and between the
San Juan Capistrano Community Redevelopment Agency, hereinafter "Agency", and
Shawna High, hereinafter referred to as "Tenant".
Recitals:
1. This Lease is for property which has been rehabilitated and purchased by the
San Juan Capistrano Community Redevelopment Agency (hereinafter referred to as
AAgency@) with the assistance of Community Development Block Grant (CDBG) funds
from the Department of Housing & Urban Development (HUD).
2. As such, this property is required to be leased onlx 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 ALittle Hollywood Affordable Rental Housing Program
Guidelines/Operating Procedures@ (hereinafter referred to as AProgram Guidelines@)
(Exhibit A).
Now Therefore, Agency and Tenant mutually agree as follows:
1. 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 31646 Ramos Way, San Juan
Capistrano, CA 92675.
2. Term: The term of this lease shall be for a period of nine (7) months, to and
including May 15, 2010 through December 31, 2010.
3. Rent. Tenarit shall pay to Landlord as rent for the Premises, the sum of 454.00
dollars per month, in advance on the first day of each month during the term hereof (initial
rental payment is from May 15, 2010 to June 30, 2010). The 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.
4. Security Deposit: Tenant is to have on deposit the sum of $454.00 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 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.
5. 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.
6. Use. It is agreed that the Premises shall be used only for residence purposes, for
one family consisting of 1 adult(s), (hereinafter referred to as ATenant Household @ and as
referenced in Exhibit A ), 1 minor child, and _ 0_ pet(s)*, 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.
7. Utilities: The Tenant shall pay for all utilities including water, gas, heat, light,
power, telephone service, and other services supplied to the Premises.
8. 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 arty), 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.
9. Alterations and Additions: Tenant shall not without the Landlord's prior written
consent make any interior or exterior alterations improvements or additions in or about
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.
10. 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.
11. Dama a 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 (1) 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 the 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.
12. 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.
13. Default: It is agreed between the parties hereto that if any rent shall be due
hereunder and unpaid, at any time 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 provisions,
Landlord may terminate this agreement in accordance with law based upon breach of this
agreement. Further, 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.
14. Abandonment: Tenant shall not vacate or abandon the Premises at any time
during the term of this Lease and if the tenants provide notice to exit the premises
and the Rental Subsidy Program the resident who does exit the premises will not be
allowed to re-enter the Little Hollywood and/or the City of San Juan Capistrano
Rental Subsidy Program.
15. 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.
16. Attorney'sFees: 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.
17. 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.
18. 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.
19. 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:
Shawna High
31646 Ramos Way
San Juan Capistrano, CA 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.
20. 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.
21. Time. Time is of the essence of this Lease.
22. 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.
TENANT
A MV
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
By NyMa ( - 0"Wa
Executive Director J -0e
SAN ,JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
LITTLE HOLLYWOOD
AFFORDABLE HOUSING PROGRAM
RESIDENTIAL LEASE
This residential lease is made this 15t day of January, 2010, by and between the San
Juan Capistrano Community Redevelopment Agency, hereinafter "Agency", and
Antonio and Maria Mendez, hereinafter referred to as "Tenant".
Recitals:
1. This Lease is for property which has been rehabilitated and purchased by the San
Juan Capistrano Community Redevelopment Agency (hereinafter referred to as AAgency@)
with the assistance of Community Development Block Grant (CDBG) funds from the
Department of Housing & Urban Development (HUD).
2. 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 ALittle Hollywood Affordable Rental Housing Program
Guidelines/Operating Procedures@ (hereinafter referred to as AProgram Guidelines@)
(Exhibit A).
Now Therefore, Agency and Tenant mutually agree as follows:
1. 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 26508 Mission Street, San Juan Capistrano, CA
92675.
2. Term: The term of this lease shall be for a period of twelve (12) months, to and
including .January 1, 2010 through December 31, 2010.
3. Rent: Tenant shall pay to Landlord as rent for the Premises, the sum of 442.00
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.
4. Securiiv Deposit: Tenant has on deposit the sum of $168.00 dollars as a security
deposit for the Tenant's faithful performance of the provisions of this tease. 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 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.
5. 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.
6. Use: It is agreed that the Premises shall be used only for residence purposes, for
one family consisting of 2 adult(s), (hereinafter referred to as ATenant Household @ and as
referenced in Exhibit A ), 0 minor children, and _ 0_ pet(s)*, 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.
7. Utilities: The Tenant shall pay for all utilities including water, gas, heat, light, power,
telephone service, and other services supplied to the Premises.
6. 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 damn - e 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.
9. Alterations and Additions: Tenant shall not, without the Landlord's prior written
consent, make any interior or exterior alterations, improvements or additions in or about
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.
10. 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.
11. 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 (1 5) 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 the 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.
12. 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.
13. Default: It is agreed between the parties hereto that if any rent shall be due
hereunder and unpaid, at any time 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 provisions,
Landlord may terminate this agreement in accordance with law based upon breach of this
agreement. Further, 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.
14. Abandonment. Tenant shall not vacate or abandon the Premises at any time during
the term of this Lease.
15. Entry by Landlord: The Tenant shall permit the Landlord andlor 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.
16. 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.
17. Surrender: On the last day of the term of this Lease, Tenant shall surrender the
Premises to Landlord in good condition, broom clears, ordinary wear and tear and damage
by fire and the elements excepted.
18. 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.
19. 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:
Antonio and Maria Mendez
26508 Mission Street
Says Juan Capistrano, CA 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.
0. 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.
21. Time: Time is of the essence of this Lease.
22. Joint and Several Obligations: ions: "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.
TENANT
BY
1
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
By
L'5)ecutive Director
WC 1711 �i to] LM KEA wr # ItSjUkTA4
aa
RESIDENTIAL LEASE
This residential lease is made this 15{ day of January, 2010, by and between the San
Juan Capistrano Community Redevelopment Agency, hereinafter "Agency" and
Tereso and Maria Martinez hereinafter referred to as "Tenant".
Recitals:
1, This Lease is for property which has been rehabilitated and purchased by the San
Juan Capistrano Community Redevelopment Agency (hereinafter referred to as AAgency@)
with the assistance of Community Development Block Grant (CDBG) funds from the
Department of Housing & Urban Development (HUD).
2. 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 ALittle Hollywood Affordable Rental Housing Program
Guidelines/Operating Procedures@ (hereinafter referred to as AProgram Guidelines@)
(Exhibit A).
Now Therefore, Agency and Tenant mutually agree as follows:
1. 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 26611 Mission Street, San Juan Capistrano, CA
92675.
2. Term: The term of this lease shall be for a period of seven (7) months, to and
including January 1, 2010 through August 31, 2010.
3, Rent: Tenant shall pay to Landlord as rent for the Premises, the sum of
965.00 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.
4. Security Deposit: Tenant has on deposit the sum of $407.00 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 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.
5. 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.
6. Use: It is agreed that the Premises shall be used only for residence purposes, for
one family consisting of 4 adult(s), (hereinafter referred to as A:Tenant Household @ and as
referenced in Exhibit A), 2 minor children, and —0 _ pet(s)*, 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.
7. Utilities: The Tenant shall pay for all utilities including water, gas, heat, light, power,
telephone service, and other services supplied to the Premises.
8. Repairs and Maintenance: The Landlord shall at its sole cost and expense keep
and maintain the exterior wails, 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 damn - e 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.
9. Alterations and Additions: Tenant shall not without the Landlord's prior written
consent make any interior or exterior alterations improvements or additions in or about
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.
10, 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.
11. ®amaae 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 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 the 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.
12. Assignment and Sublettiin : 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.
13, Default: It is agreed between the parties hereto that if any rent shall be due
hereunder and unpaid, at any time 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 provisions,
Landlord may terminate this agreement in accordance with law based upon breach of this
agreement. Further, 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.
14. Abandonment: Tenant shall not vacate or abandon the Premises at any time during
the term of this Lease.
15. 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.
16. 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.
17. 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.
16. 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.
19. Notices: Whenever under this Lease a provision is made for any demand, notice or
declaration of any bind, 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:
Tereso and Maria Martinez
26611 Mission Street
San Juan Capistrano, CA 92675
Such notice shall be deemed to be received within forty-eight (46) hours from the time of
mailing, if mailed as provided for in this paragraph.
0. 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.
21. Time: Time is of the essence of this Lease.
22. 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.
TENAN
BY w
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
By
Ex utive Director
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
RESIDENTIAL LEASE
This residential lease is made this 1 st day of January, 2010, by and between the San
Juan Capistrano Community Redevelopment Agency, hereinafter "Agency" and
Linda Uribe, hereinafter referred to as "Tenant".
Recitals:
1. This Lease is for property which has been rehabilitated and purchased by the San
Juan Capistrano Community Redevelopment Agency (hereinafter referred to as AAgency@)
with the assistance of Community Development Block Grant (CDBG) funds from the
Department of Housing & Urban Development (HUD).
2. As such, this property is required to be leased Ml 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 ALittle Hollywood Affordable Rental Housing Program
Guidelines/Operating Procedures@ (hereinafter referred to as AProgram Guidelines@)
(Exhibit A).
Now Therefore, Agency and Tenant mutually agree as follows:
1. 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 26592 Mission Street, San Juan Capistrano, CA
92675.
2. Terra: The term of this lease shall be for a period of seven (7) months, to and
including January 1, 2010 through August 31, 2010.
1 Rent: Tenant shall pay to Landlord as rent for the Premises, the sum of 442.00
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.
(Tenant to pay $47.00 and HUD to pay $395.00 as long as tenant is in HUD Program
with City of San Jean Capistrano, lease expiration date is August 31, 2010.)
4. Secur"rty Deposit: Tenant has on deposit the sum of $397.00 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 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.
5. 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.
6. Use: It is agreed that the Premises shall be used only for residence purposes, for
one family consisting of 1 adult(s), (hereinafter referred to as ATenant Household C and as
referenced in Exhibit A ), 1 minor children, and _ 0_ pet(s)*, 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.
7. Utilities: The Tenant shall pay for all utilities including water, gas, heat, light, power,
telephone service, and other services supplied to the Premises.
g. 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. An damage caused by the Tenant will be repaired by 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.
9. Alterations and Additions: Tenant shall not, without the Landlord's prior written
consent make any interior or exterior alterations improvements or additions in or about
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.
141. 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.
11. 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 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 the 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.
12. 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.
13. Default: It is agreed between the parties hereto that if any rent shall be due
hereunder and unpaid, at any time 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 provisions,
Landlord may terminate this agreement in accordance with law based upon breach of this
agreement. Further, 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.
14, Abandonment: Tenant shall not vacate or abandon the Premises at anytime during
the term of this Lease.
15. 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.
16. 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.
17. 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.
16. 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.
19. 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: Linda Uribe
26592 Mission Street
San Juan Capistrano, CA 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.
20. 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.
21. Time: Time is of the essence of this Lease.
22. 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.
TENANT
BY `.'
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
By ,
a
Exe utive Director