HomeMy WebLinkAboutRibeiro, Lexia MA Kaspar; 1991-09-01;RENTAFIGREEMENT AND/O’-ILEASE
This Rental Agreement and/or Lease shall evidence the complete terms and condihons under which the parttes whose signatures appear below have agreed. Lexia M.A. KasDar Ribeiro Landlord/Lessor/Agent shall be referred to as “OWNER and
Carlsbad City Library ___-
Tenant(s)/Lessee(s) shall be referred to as “RESIDENT.” As consideration for this agreement. OWNER agrees to rent/lease to RESIDENT and RESIDENT
agrees to rent/lease from OWNER for use SOLELY AS A PRIVATE RESIDENCE, the premises known as Apartment No __, located at __. 3430 Harding Street in the city of r.RT1bA
1. TERMS: RESIDENT agrees to pay In advance ~&365,00 Se per month on the --1_ day of each month This agreement shall commence on ber . 1 19E@)_land contmue. (check one) w
A. 0 until ~~.~. .~__~ .~.~~~~ ~__. .___._ . .._ ~_, 198. _ as a leasehold Thereafter It shall become a month-to-month tenancy. If RESIDENT should move from the premises pnor to the explratlon of this time period. he shall be liable for all rent due until such tirro!\at the Apartment IS occupied by an OWNER approved paymg RESIDENT and/or expiration of safd time period. whichever penod is shorter 60 B aon a month-to-month tenancy until either party shall termmate this agreement by glvmg a written nohce of IntentIon lo terminate at least 3131 days pnor to the date of termination.
2. PAYMENTS: Rent and/or other charges are to be pald at the offlce or apartment of the manager of the bullding or at such other place destgnated In wnting by OWNER For the safety of the manager, all payments are to be made by check or money order and no cash shall be acceptable OWNER acknowledges receipt of
the First Month’s rent of S&6&~_! 9 and a Security Deposit of $8!&~ 0, for a total payment of$s16g0.QQ II payments are to be made payable to:
3. SECURITY DEPOSITS: The Security Deposit shall not exceed two tllnes the monthly rent for unfurnished apartments nor three times the monthly rent for furnished apartments. The total of the above deposits shall secure compliance with the terms and conditions of this agreement and shall be refunded to RESIDENT withln 14 days after the premises have been completely vacated less any amount necessary to pav OWNER al any unpaid rent. b) cleantng costs, c) key replacement costs, d) costs for repalr of damages to apartment and/or common areas above ordinarywearand tear, and e) any other amount legally allowable under the terms of this agreement A wrltten accounting of said charges shall be presented to RESIDENT wtthln 14 days of move-out If deposits do not cover such costs and damages. the RESICENT shall immediately pay said additIonal costs for damages to OWNER Dunng the term of tenancy, RESIDENT agrees to mcrease the deposit upon 30 days wntten notlce by an amount equal to any future Increases In rent and/or an amount necessary to cover the cost of rectifymg any damage or expense for which RESIDENT IS responsible
4. LATE CHARGE: A late fee of $50-, 7 0, satd amount not to exceed 6% of the monthly rent, shall be added to any payment of rent not made before
---5.. day(s) after the due date or for which a deflclent (bounced) check shall have been given
5. UTILITIES: RESIDENT agrees to pay for all utllttles and/or services based upon occupancy of the premises except Water /Trash .~~~~~~
6. OCCUPANTS: Guest(s) staying over 15 da individuals and/or animals, AND NO OTHER !i
s without the written consent of OWNER shall be considered a breach of this agreement. ONLY the following listed shall occupy the subject apartment for more than 15 days unless the expressed written consent of OWNER is obtainedinadvance:thirty days from Owner Lexia M.A.K. Ribeiro in Writing
RESIDENTshall pay additional rent at the rate of $100.00 per month or 25% of the then current monthly rent, whichever amount isgreater, for the period of time that each additional guest in excess of the above named shall occupy the premises. RESIDENT shall pay the same additional monthly rent for each additional animal in excess of the above named animal(s) which shall occupy the premises. Acceptance of additional rent or approval of a guest shall not waive any requirement of this agreement nor convert the status of any “guest” into a RESIDENT.
7. PETS AND FURNISHINGS: No Ilqutd-fllled furmture receptacle contalnlng more than ten gallons of llquld. highly combustible materials or other ,tems which may cause a hazard or affect Insurance rates. muslcal instrument. Item(s) of unusual weight or dlmenslon, animal. fowl, fish. reptlle. and/orpet of any kmd shall be keptonoraboutthepremIses. foranyamountoftlme. withoutobtainlngtheprlorwrittenconsentandmeetlngtherequlrementsoftheOWNER SaIdconsent if granted. shall be revocable at OWNER S ophon upon gfvmg a 30.day wrItten notlce In the event laws are passed or permIssIon IS granted to have any Item prohlbtted by this agreement or 11 for any reason such Item extsts on the premises. there shall be mmlmum addItIonal rent of $25 a month for each such Item If another amount IS not stated In this agreement RESIDENTalso agrees to carry Insurance deemed appropriate by OWNER to cover possible losses caused by
uslngsaldltems In theevent lawsarepassedorperm~ss~on~sgrantedto havea% shall be required along with the slgnlng of OWNER’S PET AGREEMENT ” N'b PETS d/oranimalg\anykind. anaddltlonaldeposltmtheamountof$ .._ ~~~~
6. PARKING: When and 11 RESIDENT IS asslgned a parking space on OWNER’S property. the parklng space shall be used exclusively for parkmg of passenger automobiles and/or those approved vehicles llsted on RESIDENT’S”Appllcatlon to Rent/Lease” or attached hereto RESIDENT IS hereby asslgned parkmg space
S;;araE% ald space shall not be used for the washmg. palnhng. or repalr of vehicles No other parklng space shall be used by RESIDENT or his guest(s). RESIDENT IS responsible for 011 leaks and other vehicle discharges for which RESIDENT shall be charged for cleaning 11 deemed necessary by OWNER
9. NOISE: RESIDENT agrees not to cause or allow any noise or actlvlty on the premises which might disturb the peace and qutet of another RESIDENT Said noise and/or achvlty shall be a breach of ihs Agreement
10. LOITERING AND PLAY: Laungmg. playing. or unnecessary loltermg In the halls. on the front steps or In the common areas I” such a way as to mterferewith the tree use and enjoyment. passage or convenience of another RESIDENT IS prohIbIted
11. DESTRUCTION OF PREMISES: If the premises become totally or parttally destroyed during the term of this Agreement so that RESIDENT’S use IS seriously ImpaIred, RESIDENT or OWNER may lermlnate this Agreement tmmetflately upon three-day wntten notlce to the other
12. CONDITION OF PREMISES: RESIDENT acknowledges that he has exammed the premises and that said prembses. allfurmshmgs, fixtures, turn&e. plumbmg. heattng. electrlcal factlltles. all Items llsted on the attached Inventory sheet, 11 any, and/or all other Items provided by OWNER are all clean, and in good and satisfactory condlhon except as may be Indicated elsewhere In thts Agreement RESIDENT agrees to keep the premises and all Items in good order and condition and to lmmedlately pay for costs lo repalr and/or replace any portlorr of the above damaged by RESIDENT, his guests and/or Invltees. except as provided by law At the termlnahon of this Agreement, all of the above enumerated Items m this provlslon shall be returned to OWNER m clean and good condltlon excepttorreasonable wear and tear and the premises shall be tree of all personal property and trash not belonglng to OWNER It IS agreed that all dirt. holes, tears, burns, and stamsof any size or amount in the carpets, drapes, walls. fixtures and/or any other part of the premises. do not constttute reasonable wear and tear
13. MAINTENANCE AND ALTERATIONS: RESIDENT shall not paint. wallpaper, alter or redecorate. change or Install locks, install antenna or other equipment. screws, fastening devtces. excessively large nails. or adhestve materials. place signs, displays, or other exhlblts, on or In any portlon of the premlses,dlthout the wntten consent of the OWNER except as may be provided by law RESIDENT shall deposit all garbage and waste In a clean and sanitary manner mlo the proper receptacles as prowded and shall cooperate In keepmg the garbage area neat-and clean RESIDENT shall be responsible for dispostng of Items of such Size or nature as are not normally acceptable by the garbage hauler for the bulldlng RESIDENT shall be responsible for keepmg the garbage disposal clean of chlcken bones, toothplcks. match sticks. celery, pits. grease, metal vegetable ties. and all other Items that may tend to cause stoppage of the mechamsm. RESIDENT shall pay for the cleanmg out of any plumbtng fixture that may need to be cleared of stoppage and for the expense or damage caused by the stopping of waste pipes or overflow from bathtubs. washbasms. tollets, or smks
14. HOUSE, POOL, AND LAUNDRY RULES: RESIDENT shall comply with ail house, pool, pet and laundry rules which may be changed from time lo time These rules shall apply to, but are not hmlted to. noise. odors. disposal of trash, pets, parkmg, use of common areas, and storage of toys, bicycles. ‘001s. and other personal Items (including signs and laundry) which must be kept InsIde and out of view OWNER shall not be Ilable lo RESIDENT for any vlolahon of such rules by any other RESIDENTS or persons Rights of usage and maintenance of the laundry room and/or pool and pool area are gratuitous and subject to revocation by OWNER at any Ilmn i 5.-CHANGE OF TERMS: The terms and condlhons of this agreement are sub)ect to future change by OWNtR after the explratlon of the agreed lease penod upon Tzr~: wntten nohce settmg forth such change and dellvered to RESIDENT Any changes are subject to laws In extstence at the time of the Nohce Of Change Of
m
AOA FORM NO. 101 . COPYRIGHT 198e . APARTMENT OWNERS ASSOCIATION
15130 VENTURA BLVD., SUITE 202, SHERMAN OAKS, CA 91403 l (818) 995-7800 "EXHIBIT 2"
5455 WILSHIRE BLVD., SUITE 1009, LOS ANGELES, CA 90036. (213) 937-8811 l-^^^-.^.s . ..- a...--- ^.ll-..a-a.,- . ..^“-*.. _ ,waIIr^^^-
0 $ -. 16. TERMINATION: After expiraticn of the lea, givmg to the other amay written notice of inte. jeriod. this agreement is automatically renewed from y -?to-month but may be terminated by either party (to terminate. Where laws require”just couse.“such just b shall be so stated on said notice. The premises shall be consldered vacated only after all areas Including storage areas are clear of all RESIDENT’S belo8.dmgs. and keys and other property furnished for RESIDENTS use are returned to OWNER. Should the RESIDENT hold over beyond the termination date orf-dil tovacate all possessionson or before the termination date, RESIDENT shall be liable for addltional rent and damages which may include damages due to OWNER’S loss of prospechve new RENTERS.
17. POSSESSION: If OWNER is unable to deliver possession of the Apartment to RESIDENT on the agreed date, because of the loss or destruction of the Apartment or because of the failure of the prior RESIDENT to vacate’or for any other reason, the RESIDENT and/orOWNER may Immediately cancel and terminate this agreement upon wntten notlce to the other party at their last known address, whereupon neither party shall have liability to the other, and any sums paid under this Agreement shall be refunded In iull If neither party cancels, thts Agreement shall be pro-rated and begin on the date of actual possession.
18. INSURANCE: RESIDENT acknowledqes that OWNER’S insurance doesnot cover personal property damage caused by fire. theft, rain, war, actsof God, actsof others. and/or any other causes, nor shall OWNER be held hable for such Iosses’RESIDENT IS HEREBY ADVISEDTO OBTAIN HISOWN INSURANCE POLICY TO COVER ANY PERSONAL LOSSES. This does not waive OWNER’S duty to prevent personal injury or property damage where that duty IS Imposed by law.
19. RIGHT OF ENTRY AND INSPECTION: OWNER or OWNER’S Agent by themselves or wtth others, may enter, Inspect and/or repalr the premises at any time in case of emergency or suspected abandonment OWNER shall give 24 hours advance notice and may enter for the purpose of showing the premises during normal busmess hours to prospective renters, buyers, lenders, for smoke alarm inspecbons. and/or for normal inspectjon and repairs. Normal busmess hours shall be 9 00 AM to 6 00 PM, Monday through Saturday except holidays and 1O:OO AM to 5 00 PM on Sundays Upon 24 hours notlce. RESIDENT hereby agrees to lend OWNER the keys to the premises for the purpose of having a duplicate made for OWNER’S use
20. ASSIGNMENT: RESIDENT agrees not to transfer, assign or sublet the premises or any part thereof and hereby appomts and authonzes the OWNER as his agent and/or by OWNER’S own authority to evict any person clalmmg possesslon by way of any alleged assignment or sublettmg
21. PARTIAL INVALIDITY: Nothing contained In this Agreement shall be construed as walvlng any of RESIDENT’S or OWNER’S nghts under the law If any part of this Agreement shall be In conflict with the law, that part shall be void to the extent that It IS In conflict, but shall not InvalIdate this Agreement nor shall it affect the valldlty or enforceabIlIty of any other provlslon of thts Agreement
22. NO WAIVER: C)WNER’S acceptance of rent with knowledge of any default by RESIDENT or waiver by OWNER of any breach of any term or condition of this Agreement shall not constitute a waiver of subsequent breaches Failure to require compliance or to exerctse any right shall not be construed as a waiver by OWNER of said term, condition. and/or right. and shall not affect the validity or enforceablllty of any other prowsion of this Agreement.
23. ATTORNEY’S FEES: If any legal actlon or proceeding be brought by either party to this agreement, the prevailing party shall be reimbursed for all reasonable attorney’s fees and costs tn addttlon to other damages awarded
24. ABANDONMENT: Abandonment shall be governed by Callfornla Civ!l Code Sectlon 1951 2. If any rent has remamed unpaid for 14 or more consecutive days and the OWNER has a reasonable belief of abandonment of the premises, OWNER shall give 18 days written notlce to RESIDENT at any place (Including the rented premises) that OWNER has reason to belleve RESIDENT may receive sand notice of OWNER’S intention to declare the premises abandoned. RESIDENT’S failure to respond to said notlce as required by law shall allow OWNER to reclaim the premises
25. The unaerslgned RESIDENTS are lomtly and severally responsible and liable for all obllgatlons under this agreement and shall mdemmty OWNER for Ilability caused by the actlons (omlsslon or commtsslon) of RESIDENTS. their guests and mvltees.
26. ADDITIONS AND/OR EXCEPTIONS: --
CTTYmm iA!ILL ~Upy THE PRm=" _ Useage till be a LIBRARY FOR THE SDanish Community. THERE WILT4 RE A SPECIAT, ATTACHMENTWITH LEASE (SPECIAL CONDITIONAL USE P-T) BY THE CITY OF C-AD
BUILDING & PLANNING DEPARTMENTS.
ClLULQE r.ART.SRAT) T.TRBARY WTTJ. RF. RFSP.fXSTRT.F. F~R-E!RELMESES AS Tn SECURITY Ql? AT.T. THEIRPPLIPS~
27. NOTICES: Allnotlces toRESlDENTshalI beservedat RESIDENT’Sapartmentandallnotices toOWNERshallbeservedat Manaser’sapartmentorat ___ . . r Rlhelrn. ?nn Carl.qbd Vlllaop Dr-.Sll~t.~f ‘JOBA 317 OQ8, Tsl:'.&714~4%8-Q&JJ. Home Msg. on ams the o owmg I ms for se y RE I Piger: (619)581-2269 .~~
listed on the attached inventory and that said attached
29. RESIDENT acknowledges receipt of the following which shall be deemed a part of this Aqreement: (Please check)
0 House Rules 0 Laundry Rules 0 Mailbox Keys
0 Pool Rules Cx Apartment Keys 0 Pet Agreement
0 -__I 0 0
30. VOLUNTARY VACANCY: If and when RESIDENT voluntanly vacates the premises, RESIDENT hereby agrees to immediately sign a statement, at no cost to OWNER or RESIDENT. that meets the requirements necessary to substantiateand prove for any governmental purposes, such as rent control laws, that RESIDENT did in fact, voluntartly vacate. If RESIDENT falls to sign the required statement withm three days aftervacating be liable toOWNERfortheamount of all losses reasonably suffered by OWNER as a result of not being able to claim a voluntary vacancy. Said y substantially exceed RESIDENT’S Security
rlRE AGREEMENT: This Agreement constitutes the entire Agreement between OWNER and ‘irca,innr nr nntiroc rhcd, hn in,...rl+.nn +n hn ,r;,ir( No ora#re$ ents have been entered into, and
t of a copy of this “Rental
Kaspar Ribeiro iad Village Dr., -GA 32908 St e.1 08A-
Date
’ ‘L
,312 City of Carlsbad
Resident
NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR THE ADEOUACY OF ANY PROVISION IN THIS AGREEMENT. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR AlTORNEY.
AOA FORM NO. 101 l COPYRIGHT 1986 . APARTMENT OWNERS ASSOCIATION
15130 VENTURA BLVD., SUITE 202, SHERMAN OAKS, CA 91403 . (918) 995-7800
5455 WILSHIRE BLVD., SUITE 1009, LOS ANGELES, CA 900%. (213) 937-8811
11088 TRASK AVE.. SUITE 100. GARDEN GROVE. CA 92543 .171415396ooo
\t,. ,?ITE IT - DON’T
TO
From
Date 9119 19 91
Cl Reply Wanted
ONo Reply Necessary
THE ATTACHED LEASE WITH LEXIA M.A. KASPAR RIBEIRO SHOULD NOT BE BY THE CITY (Ralph Anderson) UNTIL AFTER THE CUP IS APPROVED BY PLANNING COMMISSION (On Octoberz, 1991)
'%
SIGNED THE
AIGNER FORM NO. 55-032
?Jy*’ %22z- PRlNTED IN USA