GARCIA, R & Y0 0
CITY OF SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
RESIDENTIAL LEASE
Tenant Eligibility Requirement
This Lease is for property which has been rehabilitated and purchased by the City of San Juan
Capistrano Community Redevelopment Agency with the assistance of Community Development
Block Grant (CDBG) funds from the Department of Housing & Urban Development (HUD).
As such, this property is required to be leased only to individuals who qualify under HUD's income
standards as being in the very low and low income bracket.
Rent is calculated on an annual basis based upon the recommendations and formulas of HUD and
other State housing agencies.
1. Parties and Date: This Lease is made and entered into this 1st day of December,
19 99, by and between San Juan Capistrano Community Redevelopment Agency (hereinafter
referred to as "Landlord") and Raymond Garcia and Yolanda Garcia (hereinafter referred to as
"Tenant").
2. Premises: Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, on
the terms and conditions hereinafter set forth, that certain real property and the residence located
thereon situated in the City of San Juan Capistrano, County of Orange, State of California, commonly
known as 26591 Ramos Street
3. Term: The term of this lease shall be for 1 (Year), commencing on December 1. 19 99
and ending on December 31, 2000,
4. Rent: Tenant shall pay to Landlord, commencing January 1, 2000, rent for the Premises, as
calculated in Exhibit A, in advance on the first day of each month during the term hereof. Rent shall
be payable without notice or demand and without any deduction, off -set, or abatement in lawful
money of the United States to the Landlord at the address stated herein for notices or to such other
persons or such other places as the Landlord may designate to Tenant in writing.
5. Security Deposit: Tenant shall deposit to Landlord upon the execution of this lease the sum
of $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
Please refer to Exhibit A
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.
6. Possession: If the Landlord for any reason cannot deliver possession of the Premises to
Tenant at the commencement of the term, the Landlord shall not be liable to Tenant for any loss or
damage resulting therefrom, but there shall be a proportionate deduction of rent; nor shall this Lease
be void or voidable for a period often (10) days thereafter; and if for any reason the Premises cannot
be delivered within said ten (10) day period, the Tenant may, prior to Landlord's delivery of the
Premises, declare this Lease to be null and void and all money paid to Landlord shall be refunded to
Tenant.
7. Use: It is agreed that the Premises shall be used only for residence purposes. The premises
are rented for use as a residence by the following named persons: Raymond Garcia. Yolanda Garcia.
Ariana Garcia. Vanessa Garcia and for no other purposes whatsoever. No animal, bird, or pet shall
be kept on or about the premises without Landlord's prior written consent. Tenant in his possession,
use and occupancy of the Premises agrees to observe and comply with all restrictions, rules and
regulations, laws and ordinances affecting said property or occupancy thereof, and Tenant further
agrees that no use shall be made of the Premises, nor acts done which will increase the existing rate
of insurance upon the Premises, or will cause a cancellation of any insurance policy covering the
Premises.
8. Utilities: The Tenant shall pay for all water supplied to the Premises and shall pay for all gas,
heat, light, power, telephone service, trash collection and other services supplied to the Premises.
9. Repairs and Maintenance: The Landlord shall at its sole cost and expense keep and
maintain the exterior walls, roof, electrical wiring, heating system, air conditioning systems (if any),
water heater, built-in appliances, and water lines in good and sanitary order, condition and repair,
except where damage (if any) has been caused by the abuse of negligence of the Tenant, in which
event Tenant shall repair same at his sole cost and expense.
Except as herein provided, Tenant hereby agrees that the Premises are now in a tenantable
and good condition and shall at his sole cost and expense keep and maintain the Premises,
appurtenances and every part thereof, in the manner in which they were received, reasonable wear
and tear excepted, including household furniture, fixtures, goods and chattels belonging to the
Landlord, so that they shall remain in good and satisfactory order, condition and repair. The Tenant
agrees to maintain landscaping, and Tenant agrees to adequately water said landscaping.
10. Alterations and Additions: Tenant shall not, without the Landlord's prior written consent,
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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.
11. Hold Harmless: Tenant shall indemnify and hold Landlord harmless from and against any
and all claims arising from Tenant's use or occupancy of the Premises or from any activity, work, or
things which may be permitted or suffered by Tenant in or about the Premises including all damages,
costs, attorney's fees, expenses and liabilities incurred in the defense of any claim or action or
proceeding arising therefrom. Except for Landlord's willful or grossly negligent conduct, Tenant
hereby assumes all risk of damage to property including household furniture and goods, or injury to
person in or about the Premises from any cause, and Tenant hereby waives all claims in respect
thereof against Landlord.
12. Damage to Premises:
(a) If the Premises are so damaged by fire or from any other causes as to render it
untenantable, then either party shall have the right to terminate this Lease as of the date on which
such damage occurs, through written notice to the other party, to be given within fifteen (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 Landlord or Tenant, then rent for the current month
shall be prorated between the parties as of the date on which such damage occurred and any prepaid
rent and unused security deposit shall be refunded to Tenant.
(b) If this Lease is not terminated as provided in this paragraph 13, the Landlord shall
promptly repair the Premises and there shall be a proportionate reduction of rent until the Premises
are repaired and ready for Tenant's occupancy, such proportionate reduction to be based upon the
extent to which the making of repairs interferes with reasonable use of the Premises.
13. Assignment and Subletting: Tenant shall not voluntarily or by operation of law assign,
transfer, sublet, mortgage, or otherwise transfer or encumber all or part of Tenant's interest in this
Lease or in the Premises.
14. Default: It is agreed between the parties hereto that if any rent shall be due hereunder and
unpaid, or in the event Tenant becomes ineligible to qualify under HUD'S income standards, or if
Tenant shall default and breach any other covenant or provision of the Lease, then the Landlord, after
giving the proper notice required by law, may re-enter the Premises and remove any property and any
and all persons therefrom in the manner allowed by law. The Landlord may, at his option, either
maintain the Lease in full force and effect and recover the rent and other charges as they become due
or, in the alternative, terminate this Lease. In addition, the Landlord may recover all rentals and any
other damages and pursue any other rights and remedies which the Landlord may have against the
Tenant by reason of such default as provided by law.
15. Abandonment: Tenant shall not vacate or abandon the Premises at any time during the term
of this Lease.
16. Entry by Landlord: The Tenant shall permit the Landlord and/or its agents to enter into
and upon the Premises at all reasonable times and upon not less than twenty four (24) hours' 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.
17. Attorney's Fees: If either parry commences an action against the other party arising out of
or in connection with this Lease, the prevailing party shall be entitled to have and recover from the
losing party reasonable attorney's fees and costs of suit.
18. Surrender: On the last day of the term of this Lease, Tenant shall surrender the Premises
to Landlord in good condition, broom clean, ordinary wear and tear and damage by fire and the
elements excepted.
19. Holding Over: If Tenant, with the Landlord's consent, remains in possession of the Premises
after expiration or termination of the term of this Lease, such possession by Tenant shall be deemed
to be a tenancy from month-to-month at a rental in the amount of the last monthly rental plus all other
charges payable hereunder, and upon all the provisions of this Lease applicable to such a month-to-
month tenancy.
20. 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.
21. 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: Raymond Garcia
Yolanda Garcia
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.
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22. 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.
23. Joint and Several Obligations: 'Party" shall mean Landlord and Tenant; and if more than
one person or entity is the Landlord or Tenant, the obligations imposed on the party shall be joint and
several.
The parties hereto have executed this Lease on the date first above written.
TENANT
SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
By &k6—A, �. &/YJ.Lf..Y
ynthia L. Russell, Finance Director
Exhibit A
Little Hollywood 2000 Rent Schedule
26591 Ramos Street, San Juan Capistrano
Raymond and Yolanda Garcia
New Monthly Rent
$871.00
Current Monthly Rent:
$150.00
Rent Increase
$721.00
Security Deposit
$871.00
Prorated Rent
330.28
Prorated Security Deposit
72.58
11 mo. X 60.08 = 660.88
11 mo. X 72.58 = 798.38
1 mo. X 60.12 = 60.12
1 mo. X 72.62 = 72.62
721.00
871.00
January 1, 2000 - December 31, 2000
Prorated Rent Schedule
Rent Deposit Amt. Due
January
210.12
72.62
282.74
February
270.20
72.58
342.78
March
330.28
72.58
402.86
April
390.36
72.58
462.94
May
450.44
72.58
523.02
June
510.52
72.58
583.10
July
570.60
72.58
643.18
August
630.68
72.58
703.26
September
690.76
72.58
763.34
October
750.84
72.58
823.42
November
810.92
72.58
883.50
December
871.00
72.58
943.58
•
32400 PASEO ACELANTO
SAN .JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
December 9, 1999
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
IA[1AIOIAit1
Isunuln 1961
1776
CERTIFICATE OF USE & OCCUPANCY
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
JOHN GREINER
WYATT HART
GIL JONES
DAVID M. SWERDLIN
CITY MANAGER
GEORGE SCARBOROUGH
HAVING INSPECTED THE BUILDING HEREIN DESCRIBED AND HAVING FOUND IT
TO COMPLY WITH ALL APPLICABLE CITY CODE REQUIREMENTS FOR ITS
INTENDED OCCUPANCY CLASSIFICATION AND USE, THE CITY OF SAN JUAN
CAPISTRANO HEREBY CERTIFIES AND RELEASES FOR USE AND OCCUPANCY THE
FOLLOWING:
Building Address 26591 Ramos Street
Permit Number 40728
Building Use 824 sq.ft. Single Family Residence with a 123 sq.ft.
Covered Porch
CITY OF SAN JUAN CAPISTRANO
Daniel W. McFarland
Building Official
DWM/nc
THIS IS A LEGAL DOCUMENT AND MUST BE GIVEN TO THE LEGAL OWNER OR
PURCHASER
San Juan Capistrano: Preserving the Past to Enhance the Future