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HomeMy WebLinkAboutLOPEZ, CECILIA ZARAGOZA AND CABRAL, ALFREDO - 2016� 10t0 LEASE AGREEMENT BETWEEN THE N-2016-201 0: Mindy Ly CITY OF SANTA ANA PWA( d ) AND CECILIA ZARAGOZA LOPEZ, ALFREDO CABRAL 1. PARTIES This Lease, dated %0 _/ --1 , is made and entered by and upon the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("Landlord") and Cecilia Zaragoza Lopez, Alfredo Cabral ("Tenants"). This Lease shall only take effect if Tenant remains in possession of Premises on the first day of the month following the close of the acquisition escrow. 2. PREMISES Landlord does hereby lease to Tenant and Tenant hereby leases from Landlord that certain property located at 1302 W. Camden PL, Santa Ana, California 82704 (APN # 408-335-01) (together the "Premises"), 3. TERM OF LEASE This Lease Agreement shall commence on the date stated above and shall continue from said date on a month to month basis. This Agreement will continue for successive terns of one month each until either Landlord or Tenant terminate the tenancy by giving thirty (30) days written notice or as applicable by law, of an intention to terminate the lease and vacate the premises. 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 FIVE HUNDRED DOLLARS 500.00per month ("Rent") for use of the Premises. 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. 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 Page 1 of 8 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, an initial late fee of $50.00. 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 arAall deposits {quired, except for the follow'ng, whi�}h. shall be paid by Landlord: i 1C- nab,in� QAC' I\;5 31k� 6. USE Tenant shall use the Premises for residential use, 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. 7. COMPLIANCE WITH LAW 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. 8. CONDITION OF THE PREMISES Tenant has examined the Premises and accepts the same "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 the 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. Page 2 of 8 9. REPAIRS, ALTERATIONS AND DAMAGES 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 Tenants or their guests or invitees. Tenants 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. 11. HOLD HARMLESS 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 the 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.ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, Tenant agrees to pay all expenses so incurred, including a reasonable attorneys' fee. 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. Page 3 of 8 13. INSURANCE /ADDITIONAL INSURED Tenant shall maintain its own policy of insurance, insuring all of its personal belongings and personal property. 14. 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 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. 15. 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 of the Premises, tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. 16. DEFAULT, REMEDIES 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 Lease without Landlord's prior consent. Page 4 of 8 iii. If 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. ii. 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) days 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 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. 17. 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 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. Page 5 of 8 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. 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 shall whenever possible, be cumulative with all there remedies at law or in equity. Choice of Law. This Lease shall be governed by the laws of the state of California. 18. MEGAN'S LAW DISCLOSURE Required disclosure under Penal Code 290.46 re Megan's Law. "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.me ag nslaw.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." 19. LEAD-BASED PAINT DISCLOSURE If the premises were constructed prior to 1978, Tenant acknowledges receipt of the form entitled "LEAD-BASED PAINT DISCLOSURE" which contains disclosure of information on lead-based paint and/or lead-based paint hazards. 20. NOTICES Page 6 of 8 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: Karen Christie Overland Pacific & Cutler, Inc. 3750 Schaufele Ave., Suite 150 Long Beach, CA 90808 (949) 951-5263 To Tenant: Cecilia Zaragozaa Lopez 1302 W. Camden PI, Santa Ana, CA 92706 (949)331-3384 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. (Signatures on next page) Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Maria D. Hulzar — David Cavazos Clerk of the Council City Manager APPROVED AS TO FORM: TENANT nia R. Carvalho Cecilia Zaragozaa Lopez ity Attorney r(' )z4)�ce-�I Page 8 of 8