HomeMy WebLinkAboutBASTIDA, VICTORIA VARGAS (2)INSURANCE NOT ON FILE
WORK MAY NET -PROCEED
CLERK OF COUNCIL
DATE: NOV D i 2010
PARTIES
LEASE AGREEMENT BETWEEN THE
CITY OF SANTA ANA
WE
VICTORIA. VARGAS BASTIDA
N-2018-21.0
This Lease, dated`-. ` `>,. ;34 , is made and entered by and upon the City of Santa Ana,
a charter city and manic 1p ci as oorrporation organized and existing under the Constitution and laws of
the state of California ("Landlord"), and. Victoria Vargas Bastida. ("Te'nanf ).
FINNEF16JW`
Landlord does hereby lease to Tenant and Tenant hereby leases from Landlord that certain real
property located at 2201 S. Bristol Street, Santa Ana, California (APN No. 015-194-23) (the
"Premises"),
3. TERM OF LEASE
This Lease Agreement shall commence on October 5, 2018.and end on December 5, 2018, subject
to the provisions of this section. In the event the Tenant does not vacate the Premises on before
December 5, 2018, this Agreement will continue for successive terms of one month each until
either Landlord or Tenant terminates the tenancy by giving thirty (30) days' written notice, or as
required by applicable law, and the Tenant shall pay rent in the amount of $2,800 per month
starting December 5, 2018 until the Premises is vacant. In the event such notice is given, Tenant
agrees to pay all rent up to and including the notice period, until the Premises is vacant. Such
notice may be given on any date. The Premises shall be considered vacated only after all areas
including storage areas are clear of all Tenant's belongings and keys are returned to the Landlord.
4. RENT
Payment of Rent. Tenant shall pay to Landlord monthly rent in the amount of ZERO DOLLARS
AND NO CENTS ($0.00) per month ("Rent") for use of the Premises unless otherwise stated in
section 3. Rent will be payable in advance the 1st day of each month. Shall the 1st of the month fall
on a weekend or legal holiday, the rent shall be due on the next business day. Rent shall be paid
by personal check, money order or cashier's check, payable to "The City of Santa Ana" and
remitted to the address listed herein below in Section 16 "Notices". All payments requiring
prorating shall be prorated on the basis of a. 30 -day month.
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Late Charges and Returned Checks. In the event that any rent payment required to be paid by
Tenant hereunder is not paid IN FULL by the start of the FIFTH (5th) DAY OF EACH MONTH,
Tenant shall pay to Landlord, in addition to such payment or other charges due hereunder, a late
fee of $54.04. Any dishonored and returned checks shall be subject to a $35.00 penalty fee.
5. UTILITIES
Tenant shall pay directly for all utilities, services and charges provided to the premises, including
any and all deposits required.
Tenant shall use the Premises for residential purposes, and shall not use or permit the Premises to
be used for any other purpose without the prior written consent of the Landlord. Tenant shall not
use or allow activities in or about the Premises for any improper, immoral, unlawful or
objectionable purpose that may cause, maintain or permit any nuisance or cause damages by
misuse or negligence of Tenant or their guests or invitees.
COMPLIANCE WITH LAS'
Tenant shall not use the Premises, or permit activities on or about the Premises, which will in any
way conflict with any law, statute, ordinance or governmental rule or regulation law in force or
which may hereafter be enacted or promulgated. Tenant shall comply with all governmental laws,
building code, ordinances and regulations applicable to the use of the Premises, and at Tenant's
sole cost and expense, shall promptly comply with all governmental orders and directives for the
correction, prevention and abatement of nuisances and other activities in or upon, connected with
or affecting the condition, use, or occupancy of the Premises.
Tenant accepts the Premises "AS -IS" and acknowledges that the same are in good, clean, and
sanitary working order, condition, and repair, unless noted otherwise at the time of this Lease
Agreement. Tenant shall maintain the premises in clean and sanitary condition, and upon
termination of the tenancy, surrender the premises to Landlord in the same condition as when
Tenant first took occupancy, with the exception of ordinary wear and tear, and the premises shall
be free of all personal property and trash. Should the surrounding grounds be part of the premises
and for exclusive use of Tenant, Tenant shall irrigate and maintain Clio surrounding grounds in a
clean and safe manner, keeping the grounds clear of rubbish and weeds, trimming all grass and
shrubbery as necessary to effect a neat and orderly appearance to the property.
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. OWWRIs I SITIN 0 1 !
Tenant shall, at Tenant's sole cost and expense, maintain the Premises and every part thereof in
satisfactory condition. Tenant shall be liable for the cost of any repairs to the premises of damages
caused by misuse or negligence of Tenant or their guests or invitees. Tenant shall give prompt
notice to Landlord upon discovery of any damages, defects or dangerous conditions, fire or
accidents observed by Tenant on the Premises.
10. ASSIGNMENT AND SUBLETTING
Tenant shall not, either voluntarily or by operation of law, assign, transfer, mortgage, pledge or
encumber this Lease or any interest therein and shall not sublet said Premises or any part thereof,
or any right to or privilege appurtenant thereto, or allow any other person (the employees, agents,
servants, and 'invitees of Tenant excepted) to occupy or use said Premises, or any portion thereof,
without the prior written consent of the Landlord.
Tenant shall indemnify the Landlord from and against any and all claims, liabilities, liabilities for
injury or death of any person, for loss or damage to property, suits, causes of actions or proceedings
of any kind or nature, losses or damages including attorneys' fees and costs of defense, which the
Landlord may incur arising out of Tenant's negligence, error, omission, intentional acts, or other
cause arising out of or resulting from the use of Premises, or from the conduct of Tenant's business,
or from any activity, work or thing done, permitted, or suffered by Tenant in or about the Premises,
except only such injury or damage as shall have been occasioned by the sole negligence of the
Landlord. The obligation to indemnity and hold harmless specifically includes demands, suits,
claims, costs, attorney's fees, expenses and liabilities incurred by any such claim or any action or
proceeding brought thereon and, in any case, action or proceeding brought against Landlord by
reason of any such claim, arising from the negligent acts or omissions by the Tenant, guest or
invitee of Tenant, or any breach or default in the performance of any obligation on Tenant's part
under the terms of this Lease.
12, INSURANCE
Tenant shall maintain its own policy of insurance, insuring all of its belongings and property.
Landlord reserves, for itself and any of its authorized Agents, and shall at any and all times have
the right to enter the Premises, with reasonable notice to Tenant, for the purposes of inspection
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and/or to perform any testing cicemed necessary with regard to the condition of the Premises, as
well as to alter, improve, or repair the Premises, as needed. Tenant hereby waives any claim for
damages or for any injury or inconvenience to or interference with Tenant's business, any loss of
occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of
the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all
doors in and upon the Premises, including gates/fences surrounding the Premises, and Landlord
shall have the right to use any and all means which Landlord may deem proper to open said
doors/locks in an emergency. Any entry to the Premises obtained by Landlord by any of said means
or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful
entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises or any portion
thereof,
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Default. The occurrence of any one or more of the following events shall constitute a default under
this Lease by Tenant:
1. Non -curable defaults:
i. The vacating or abandonment of the Premises by Tenant.
ii. Any attempted or involuntary transfer of Tenant's interest in this Least without
Landlord's prior consent.
iii. I£ Tenant makes, or has made, or furnishes any warranty, representation or statement
to Landlord in connection with the Leases which is or was false or misleading in any
material respect when made or furnished.
2. Curable defaults
i. The failure by Tenant to make any payment of rent or any other payment required to
be made by Tenant hereunder, as and when due, where such failure shall continue for
a period of three (3) days after written notice thereof by Landlord to Tenant, in which
event this Lease shall be terminable at Landlord's option.
H. The failure by Tenant to observe or perform any of the covenants, conditions, or
provisions of this Lease to be observed or performed by the Tenant, where such
failure shall continue for a period of ten (10) clays after written notice thereof by
Landlord to Tenant.
Remedies. In the event of any non -curable default or breach by Tenant, Landlord shall have the
right to terminate this Lease and Tenant's right to possession of the Premises, and Tenant shall
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immediately surrender possession of the Premises to Landlord. Landlord may recover the
following from Tenant.
1. The worth at the time of award of the unpaid rent which was due, owing and unpaid by
Tenant to Landlord at the time of termination;
2. Pursuing any other remedies now or hereafter available to Landlord under the laws or any
judicial decision of the state in which the Premises are located.
15. GENERAL PROVISIONS
Waiver. The waiver by Landlord of any term, covenant or condition herein contained shall not be
deemed to be a waiver of such tern, covenant, or condition on any subsequent breach of the same
or any other term, covenant, or condition herein contained. The subsequent acceptance of rent
hereunder by Landlord shall not be deemed to be a waiver of any preceding, breach by Tenant of
any term, covenant, or condition of this lease, other than the failure of the Tenant to pay the
particular rent so accepted, regardless of Landlord's knowledge of such preceding breach at the
time of the acceptance of such rent.
Time. Time is of the essence of this Lease, and each and all of its provisions in which performance
is a factor.
Successors and Assigns. The covenants and conditions herein contained, subject to the provisions
as to assignment, apply to and bind the heirs, successors, executors, administrators, and assigns of
the parties hereto.
Quiet Possession. Upon Tenant paying the rent reserved hereunder, and observing and performing
all of the covenants, conditions, and provisions on Tenant's part to be observed and performed
hereunder,Tenant shall have quiet possession of the Premises for the entire term hereof, subject to
all the provisions of this Lease.
Prior Agreements; Amendment, This Lease contains all of the agreements of the parties hereto
with respect to any matter covered or mentioned in this Lease, and no prior agreements or
understanding pertaining to any such matters shall be effective for any purpose. No provision of
this lease may be amended or added to except by an agreement in writing signed by the parties
hereto or their respective successors -in -interest.
Inability to Perform. This Lease and the obligations of the Tenant hereunder shall not be affected
or impaired because the Landlord is unable to fulfill any of its obligations hereunder, or is delayed
in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or
any other cause beyond the reasonable control of the Landlord.
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Severability. Any provision of this Lease which shall prove to be invalid, void, or illegal shall in
no way affect, impair, or invalidate any other provision hereof, and such other provision shall
remain in full force and effect.
Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall
whenever possible, be cumulative with all there remedies at law or in equity.
Governing Law. This Lease shall be governed by the laws of the state of California.
16, NOTICES
All such notices and demands which may or are to be required or permitted to be given by either
party to the other hereunder shall be in writing. All notices shall be sent by United States Postal
Service, postage prepaid, addressed as follows:
Property Manager: Overland, Pacific & Cutler (OPQ
ATTN: Karen Christie
_LrUil2P, CA
7,6-1 -.52 (03
To Tenant: Victoria Vargas B da
2AA 20kS,�ti
riSt � _k^�,, _
Santa Ana, CA (_`I L4 )V73� 38(D5
A party may change its address by giving notice in writing to the other party. Thereafter, any
notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the
new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall
be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above.
17. ATTORNEY'S FEES
In the event any action or proceeding is brought by Landlord to enforce any terms of this
Agreement, to declare rights under this Agreement, or to recover possession of the Premises, or in
any litigation concerning or arising under this Agreement, Landlord shall recover from Tenant
reasonable costs and attorney's fees incurred in such action.
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Pursuant to California Penal Code section 290.46, information about specified registered sex
offenders is made available to the public via an Internet website maintained by the Department of
Justice at www.megaiislaw.ca.gov. Depending on an offender's criminal history, this information
will include either the address at which the offender resides or the community of residence and zip
code in which he or she resides.
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust
can pose health hazards if not massaged properly. Lead exposure is especially harrn.fal to young
children and pregnant women. Before renting pre -1978 housing, lessors must disclose the presence
of lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a
federally approved pamphlet on lead poisoning prevention.
IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement the date and.
year first above written.
ATTEST:
CITY OF SANTA ANA
4M14 * B ,mss
Maria D. Huizar Raul Godinez 11
Clerk of the Council City Manager
APPROVED AS TO FORM:
YFua
Public
City Attorney
veiss, PE, PLS
Director
,rks Agency
TENANT
Victoria Vargas Bastida
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