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1983-0407_SANCHEZ, FRED FLORES & GERTRUDE_Lease E A 5 E -31 THIS LEASE is made and entered into this 7th day of Aril , . 1983, at San Juan Capistrano, California, by and between the CITY OF SAN JUAN CAPISTRANO, 32400 Paseo Adela.ito, San Juan Capistrano, California, hereinafter called LESSOR, and FRED FLORES SANCHEZ and GERTRUDE SANCHEZ of San Juan Capistrano, California, hereinafter called LESSEE. l,E SQR, in consideration of the rents and agreements to be paid and performed by LESSEE, does lease to LESSEE, those prcrniscs situated in the City of San Juan Capistrano, County of Grange, State of California, described as : 26390 Ra_i:,js Street -- "Exhibit 1" 1 . Term: The term of this lease shall be for a period of five (5) years, commencing on the 7Lh. day of _April ... µ , 19 83, and ending on the 7th day of April , 19 88. 2. . Rental: LESSEE agrees to pay LESSOR as rental for the demised premises the sum of $250 monthly, commencing on .. the first day of April , 19 83, and on t"he first day of each month thereafter. 3 . Use: The premises shall be used as a residence for EE SEE and LESSEE' S family. „.. 4 . Utilities: LESSEE shall pay for all water, heat, gas , fight, power, rubbish removal, and all other utilities sufpplied to the premises . 5. :=lec.i:anics' Liens : LESSEE shall pay all cost of an alterations or additions , and shall keep theleased premises and improvements thereon free and clear of rerha;nicsI Iiens . LESSEE shah i.ndlemnify LESSOR against and save LESSOR harmless from any and all mechanics ' liens or claims of :liens and all attorney ' s fees, costs and expenses which may accrue, grow out of , or be incurred by reason of or on account of any such lien or claims of lien. LESSOR shall at all times have the right to post and to keep posted on the leased premises such notices provided for under or by virtue of the laws of the State of alifo rnia for the protection of the leased premises from mechanics ' liens or liens of a similar nature . -2- Lease (Cont . ) Sanchez 6 . Assignment and Sublease : LESSEE shall not assign this lease , or any interest therein, and shall not lease or sublet the premises , or any part thereof or any right or privilege appurtenant thereto , without the written consent of LESSOR. A consent to one assignment, sub- letting or hypothecation shall not be construed as a consent to any subsequent assignment , subletting or hy- pothecation. Unless such written consent has been had and obtained, any assignment or transfer of this lease , or of any interest therein, or any subletting, or hy- pothecation, either by voluntary or involuntary act of LESSEE , or by operation of law, or otherwise may be deemed a breach of lease by LESSEE at LESSOR' S election ; and any such purported assignment, transfer ; subletting , or hy- pothecation without such consent , may be deemed by LESSOR to be null and void, LESSOR'S consent to any such assign- ment , transfer , subletting or hypothecation shall not relieve LESSEE from any obligation under this lease . The foregoing prohibition shall , however ; not apply to LESSEE ' S lineal descendants . Either (a) the appointment of a receiver to take pos- session of all or substantially all of the assets of LESSEE , upon the premises , or (b) a general assignment by LESSEE for the benefit of creditors , or (c) any action taken or suffered by LESSEE under any insolvency or bankruptcy proceedings may be deemed a breach of lease by LESSEE at LESSON' S election. 7 . Damage Liability : LESSEE assumes all risk of injury or damage to all persons and property, including , but not limited to , all property of' LESSEE and LESSOR, in or about the premises , and LESSEE shall hold LESSOR harm- less for any such damage or injury; except that LESSEE shall not be liable to LESSOR for damage or injury to LESSOR' S property caused by accidental fire , earthquake , other acts of GOD or LESSOR' S negligent conduct . 8 . Destruction : In the event of partial destruction of the premises during the term from any cause , LESSEE may, if LESSEE desires to continue to reside on the premises , repair the same . In the event that LESSEE elects not to make such repairs , this Lease may be terminated by notice in writing by either party. A total destruction of the premises shall terminate this lease . Lease (Cont . ) --3- Sanchez 9 . Holding Over : Holding over after the expiration of the term, or any oral extension thereof with the consent of LESSOR, shall be a tenancy from month to month at a minimum monthly rental of Two Hundred Fifty Dollars ($250 . 00) . 10 . Successors : The conditions and agreements herein con- tained shall apply to and bind the heirs , executors , administrators and successors in interest of the parties hereto . "11 . Option to Extend Lease : L ;SSEE is hereby given the option to renew this lease . Unless LESSEE notifies LESSOR in writing of an intent to terminate the Lease within sixty (60) days of the end of any five (S) year term, this Lease shall be automatically renewed for additional consecutive five (5) year terms as long as either LESSEE is alive . " IN WITNESS WHEREOF, LESSOR and LESSEE have signed this lease the day and year first above written. CITY O AN JUAN CAPISTRANO E y TM VA 'RENCE F. B CkHEIM, MAYOR ATTEST: By �ARY ANN H. OVER,"'. LESSOP. LESSEE CITY CLERY APPROVED AS 10 FORM: JAI%dES S . OKAZAKI , ICYITY ATTORNEY x w �► ti s SANCHEZ RESIDENCE