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HomeMy WebLinkAboutCASTANEDA, CLARA-2007 \ 't \ J N-2007 -091 0'. PWA/C,rdy ~. (2') 'i?'rX& .()7 LEASE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND CLARA CAST ANADA 1. PARTIES This Lease, dated ~~~... 4-, 2007, is made and entered by and between the of Santa Ana, a charter city and municipal corporation ("Landlord") and Clara Castaneda ("T enant"). 2. PREMISES Landlord does hereby lease to Tenant, and Tenant hereby leases from Landlord that certain property located at 921 N. Bristol Street, Santa Ana, California (APN # 405-262-26) (together the "Premises"). 3. TERM OF LEASE This Lease shall consist commence on the date stated above and terminate on December 31, 2008, unless terminated earlier. 4. RENT Tenant shall pay to Landlord monthly compensation in the amount of Four Hundred Dollars ($400.00) per month ("Compensation") for use of the Premises. Compensation will be due on or before the 5th of each month, payable to "The City of Santa Ana" and remitted to the address listed herein below in Section 15 - "Notices". All payments requiring prorating shall be prorated on the basis of a 30-day month. A late charge of ten percent (10%) shall be applied after any payment hereunder is due but unpaid. In addition, one and a half percent (1 12%) interest per month shall be added for each month that payment hereunder is due but unpaid. 5. USE 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 Landlord. Further, Tenant shall not do or permit anything to be done in or about the Premises to cause, maintain or permit any nuisance in, on, or about the Premises. Nor shall Tenant use or allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. 6. COMPLIANCE WITH LAW Tenant shall not use the Premises, or permit anything to be done on or about the Premises, which will in any way conflict with any law, statute, ordinance, or governmental rule or regulation now in force, or which may hereafter be enacted or promulgated. Tenant shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances, and governmental rules, regulations, or requirements now in force or relating to, or affecting the condition, use, or occupancy of the Premises. 7. REPAIRS Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair. Tenant shall upon the expiration or sooner termination of this Lease, surrender the Premises to the Landlord in the same or better condition than at the beginning of the Lease. 8. ASSIGNMENT AND SUBLETTING Tenant shall not, either voluntarily or by operation oflaw, 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 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. 9. HOLD HARMLESS Tenant shall indemnify Landlord against all claims, damages, losses, costs, liabilities and expenses, arising from Tenant's use of the Premises for the conduct of its business, or from any activity, work, or other thing done, or permitted, by the Tenant in or about the Premises, and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default in the performance or any obligation on Tenant's part to be performed under the terms of this Lease, or arising from any act or negligence of the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from and against all 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. Tenant shall give prompt notice to Landlord with respect to any defects, fire or accidents observed by Tenant on the Premises. 1 O. INSURANCE/ADDITIONAL INSURED Tenant shall maintain its own policy of insurance, insuring all of its personal belongings and personal property. 11. ENTRY BY LANDLORD 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 and/or to perform any testing deemed 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 of the doors in 2 '. 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. 12. RECONSTRUCTION In the event that the Premises is damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair the same; and this Lease shall remain in full force and effect. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part ofthe Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. 13. DEFAULT, REMEDIES. A. Default. The occurrence of anyone or more of the following events shall constitute a default under this Lease by Tenant: 1. Non-curable defaults: a) The vacating or abandonment ofthe Premises by Tenant. b) Any attempted or involuntary transfer of Tenant's interest in this Lease without Landlord's prior consent. c) If Tenant makes, or has made, or furnishes any warranty, representation or statement to Landlord in connection with the Lease which is or was false or misleading in any material respect when made or furnished. 2. Curable defaults: a) 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, this Lease shall be terminable at Landlord's option. b) 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 often (10) days after written notice thereof by Landlord to Tenant. B. 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 immediately surrender possession of the Premises to Landlord. If Landlord terminates 3 this Lease and Tenant's right to possession for the Premises, Landlord may recover the following from Tenant: a) The worth at the time of award ofthe unpaid rent which was due, owing and unpaid by Tenant to Owner at the time of termination; b) 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. 14. 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 term, 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 rental so accepted, regardless of Landlord's knowledge of such preceding breach at the time of the acceptance of such rent. Time. Time is ofthe 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. 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. This Lease shall not be effective or binding on any party until fully executed by both parties hereto. 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 on 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. 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 4 shall, wherever possible, be cumulative with all other remedies at law or in equity. Choice of Law. This Lease shall be governed by the laws of the state of California, with venue in the courts of Orange County. 15. NOTICES All such notices and demands which mayor 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: To Landlord: City of Santa Ana Public Works Agency Attn: Souri Amirani 20 Civic Center Plaza P.O. Box 1988 (M-36) Santa Ana, CA 92702 To Tenant: Clara Castaneda 921 N. Bristol Street Santa Ana, CA 92701 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. 5 IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement the date and year first above written. ~; ..~ ~~ .e"l . Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney {itf~~ ~'. Zlfo~L~L By: Lisa E. Storck Assistant City Attorney ~ or - Public Works Agency CITY OF SANTA ANA f24;/Z David N. Ream City Manager TENANT ~ 6