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  • CARITAS MANAGEMENT CORPORATION VS. EMANUEL LOGGINS ET AL UNLAWFUL DETAINER - RESIDENTIAL document preview
  • CARITAS MANAGEMENT CORPORATION VS. EMANUEL LOGGINS ET AL UNLAWFUL DETAINER - RESIDENTIAL document preview
  • CARITAS MANAGEMENT CORPORATION VS. EMANUEL LOGGINS ET AL UNLAWFUL DETAINER - RESIDENTIAL document preview
  • CARITAS MANAGEMENT CORPORATION VS. EMANUEL LOGGINS ET AL UNLAWFUL DETAINER - RESIDENTIAL document preview
  • CARITAS MANAGEMENT CORPORATION VS. EMANUEL LOGGINS ET AL UNLAWFUL DETAINER - RESIDENTIAL document preview
  • CARITAS MANAGEMENT CORPORATION VS. EMANUEL LOGGINS ET AL UNLAWFUL DETAINER - RESIDENTIAL document preview
  • CARITAS MANAGEMENT CORPORATION VS. EMANUEL LOGGINS ET AL UNLAWFUL DETAINER - RESIDENTIAL document preview
  • CARITAS MANAGEMENT CORPORATION VS. EMANUEL LOGGINS ET AL UNLAWFUL DETAINER - RESIDENTIAL document preview
						
                                

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WUD SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Nov-14-2018 2:20 pm Case Number: CUD-18-663284 Filing Date: Nov-14-2018 2:18 Filed by. KENNETH HUNT Image: 06573858 DECLARATION CARITAS MANAGEMENT CORPORATION VS. EMANUEL LOGGINS ET AL 001006573858 Instructions: Please place this sheet on top of the document to be scanned.© ° Francisco G. Torres (SBN 156169) ZANGHI TORRES ARSHAWSKY LLP 625 Market Street, Fourth Floor San Francisco, CA _94105 Telephone: (415) 977-0444 Facsimile: (415) 977-0156 Email: ftorres@ztalaw.com Attorneys for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO LIMITED JURISDICTION Caritas Management Corporation, CASE NO. CUD-18-663284 Plaintiff, DECLARATION RE: AUTHENTICITY vs. OF LEASE ) Emanuel Loggins and DOES 1-5, Defendants. } I, Francisco G. Torres, am the attorney of record and am making this declaration based upon my own personal knowledge and if called upon to testify and I would and could testify competently thereto. 1. The original rental agreement between the plaintiff and defendant for the premises, known as 516 O’Farrell Street, Unit #214, San Francisco, CA, 94102, San Francisco County, cannot be located. 2. Attached hereto as “Exhibit 1” is a true and correct copy of the rental agreement. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on November 14, 2018. ARSHAWSKY LLP Francisco G. orreg Attorney for Plainti Declaration re: Authenticity of LeaseEXHIBIT 1THE COAST LEASE AGREEMENT This Lease is made this 5-7-10 between The Coast , The John Stewart Company as Management Agent, (hereinafter referred to as “we” or “us”) and Emanuel Carl Loggins as Resident(s) (hereinafter referred to as “you”). We permit you exclusive occupancy of the premises, described as follows: A dwelling unit at The Coast designated as unit# 214 together with fixtures, accessories, and the following: Chair, Dresser and bed. This Lease is subject to the following terms, conditions, covenants, and agreements: 1. 2. Term: This Lease will begin on 5-7-10 and will continue on a month to month basis, or until terminated by either you or us as provided in this Lease. Upon expiration of the Master Lease, Resident (Episcopal Community Services) will transfer to Landlord (the Owner of The Coast) any security deposits held by Resident from any sub residents (residents occupying the building during the tenure of ECS's operation of the property). Resident's subleases with sub residents shall specify, and require such sub residents to acknowledge, the extent to which their payment of rent is subsidized, and that upon expiration or earlier termination of Resident's Lease with Landlord, such Subresidents who still occupy units at the Premises (a) shall become direct residents of Landlord without rent subsidy, and (b) shall be responsible for the payment of rent without subsidy or assistance. Rental Charges: If resident is a CAAP Benefits recipient and was not a resident at The Coast prior to April 1, 2006 then the following applies: The rental charges for the premises are $ 503,00 __ per month. The portion of the rent to be paid by or on behalf of you to us at the Management Office at 516 O'Farrell Street, San Francisco, CA 94102 is $318.00. The portion of the rent paid as a subsidy by the Human Services Agency is $185.00 for the total amount as stated above. However, you agree to pay $256.25 for the partial month ending on 5-31-10. Resident is responsible for the full amount of the rent regardless of changes in payments or subsidies to the resident. Rental charges shall be paid in advance on or before the first day of each month and are late on the sixth day. If rental charges are not paid by the fifth day, you will be charged a late charge of $20.00.3. 4. 6. C & ci Utilities: You will pay for telephone service and cable, including all fees, deposits, and charges therefore. We will pay all other utility bills. However, The Coast reserves the right to transfer responsibility for paying for electricity and gas service including all fees, deposits and charges to you at any time in the future. Use: You shall use the premises as, and only as, your primary place of residence. You shall not cause or permit any illegal activity or use on the premises. The premises shall be occupied only by members of your household consisting of 1 adult(s) (over the age of 18 years) with the following names: Emanuel! Carl Loggins You must inform us in writing and receive written approval from us prior to allowing any other person to reside in the unit. i » You shall keep the premises and all fixtures, accessories, and appliances in a clean, sanitary, and safe condition. If you or your guests cause or permit damage to the premises, you shall be liable for the cost to repair the damage. Where damage or disrepair is not the responsibility of you or your guests, we will repair and maintain the premises, fixtures, accessories, and appliances in accordance with applicable state and local laws concerning the condition of the premises and common areas. Remodeling and Alterations: You shall not undertake any remodeling, redecoration, or alteration, including painting and wall papering, to the premises without receiving our written permission. Ely (initials)oc © c.9 i The Crosby 516 O'Farrell st San Francisco, CA 94102 THIRTY DAY NOTICE OF CHANGE IN TERMS OF TENANCY TO: Emanuel Loggins AND ALL OTHER OCCUPANTS RESIDING AT: 516 O'Farrell Street, Unit #:214, San Francisco, California, 94102 (the subject premises) NOTICE IS HEREBY GIVEN that pursuant to California Civil Code Section 827, effective February 1, 2015, which is at least thirty days from the service of this notice upon you, the monthly rent for the subject premises must be paid in full by the first day of each month as required by your rental agreement. Property Management will no longer accept partial rental payments. You remain responsible for the amount of the Total Rent as set out in your rental agreement regardless of changes in payments or subsidies. While your tenancy is exempt, advice concerning this notice is available from the San Francisco Residential Rent Stabilization and Arbitration Board. 11/720/14_LT7. 9. 10. 11. 12. C (O, Cc (O- Rules: You shall comply with written House Rules we issue regarding use of the premises and common areas. We will provide a copy of the House Rules to you. Any amendment to the House Rules shall be in writing and effective 30 days after the notice thereof to you. You shall not cause or permit on the premises or in common areas, excessive noise or any other activity which disturbs the peace and quiet enjoyment of other residents or neighbors. You shall not cause or permit any activity constituting a nuisance on or about the premises or which adversely affects the health or safety of any person, nor shall you interfere with the management of the premises. By initialing as provided, you acknowledge receipt of a copy of such House Rules, a copy of which is attached to, and made a part of, this Lease. Sublease or Assignment: You shall not lease or assign this Lease or any portion thereof. If you attempt to lease or assign this Lease, this Lease shall be null and void and no right to occupy the premises shall arise from any attempted sublease or assignment. : We or our agent may enter and inspect the premises after iving reasonable notice to you for: A. making necessary or agreed-upon repairs; B. inspecting for compliance with the terms of this Lease; Cc. showing the premises to prospective lenders, purchases, residents, contractors, repair-workers, or representatives from the Program; D. performing contracted pest control services; E conducting annual and any other inspections. Twenty-four hours or more shall be considered reasonable notice for the purpose of entry and inspection. In addition, we or our agent may enter the premises without notice if necessary in an emergency such as fire or flooding. tity; You must be 18 years of age or older to sign this Lease. You acknowledge that this Lease is between us and each person executing this Lease jointly and individually. In the event of default by any one of the lease signees, each and every remaining person who executed the Lease shall be responsible for payment of the total rental charges payment stated in Section 3 or amended by Section 4 and all other provisions of the Lease. Hold Harmless and Waiver: We do not provide insurance for your personal property. Also, you agree to indemnify and hold us harmless and in no way accountable for any liability for personal injury or property damage caused or permitted by you or any other person on the premises with your consent except as may be caused by our negligence. » Tf we are unable to deliver possession of the premises at the time this Lease begins, we shall not be liable for any damage caused thereby, nor shall this Lease be void or voidable, but you shall not be liable for rental charges until possession is delivered. You may terminate this Lease by written notice to us if possession is not delivered within three days of the beginning of the terms of this Lease. (initials)13. 14. ( Oo cg ate Charges a e n Case of Default: The resident covenants and agrees that, in addition to the other sums that have become or will become due, pursuant to the terms of this agreement, the resident shall pay to the Corporation a late charge in the amount of $20.00 for each payment of Rental Charges, or part thereof, more than 5 days in arrears. If a resident defaults in making a payment of rent or carrying charges or in the performance or observance of any provision of this Agreement, and the Landlord has obtained the services of any attorney with respect to the defaults involved, the resident covenants and agrees to pay to the Landlord any costs of fees involved, including reasonable attorney's fees, notwithstanding the fact that a suit has not yet been instituted. In case a suit is instituted, the resident shall also pay the costs of the suit, in addition to other aforesaid costs and fees. A. NSF Checks — In the event that your rent check is returned for insufficient funds, a $15.00 charge will be assessed, and a. if this is the first occurrence, you will be allowed to pay your next month’s rent via personal check; but b. if this is the second occurrence, your next six (6) months of rent payments will have to be in the form of Cashier’s Check or Money Order; and C if this is the third occurrence, the Landlord reserves the right to commence eviction proceedings. Your Obligations: You agree to: A. Comply with all obligations imposed upon you by applicable provisions of state and local building codes materially affecting health and safety. B. Keep the premises and such other areas as may be assigned for your exclusive use in a decent, clean, sanitary, and safe condition, and the inside of premises maintained according to acceptable housekeeping standards. Cc. Dispose of all garbage, rubbish, and other waste from the premises in a sanitary and safe manner. D. Use only in a reasonable manner, and in a manner designed to conserve water, gas and electricity, all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances. E. Promptly notify us of the need for repairs to the premises and known unsafe conditions in the common areas and grounds of the project which may lead to damage or injury. El, (initials)J. ( /O- (Oe Refrain from, and cause your household and guests to refrain from destroying, defacing, or removing any part of the premises or project, including placing contact paper, decals, or paint on the premises. Pay for the repairs or damages to the premises, project building, facilities, or common areas that you or your household or guests intentionally or negligently cause, normal wear and tear excepted. Conduct and cause other persons who are on the premises with your consent to conduct themselves in a manner which will not disturb neighbors’ peaceful enjoyment of their accommodations and will be conducive to maintaining the project in a decent, safe, and sanitary condition. Refrain from illegal or other activity which impairs the physical or social environment of the premises. Comply with the written House Rules described in Section 10 above. 15. Qur Obligations: We agree to: A. Comply with the requirements of applicable state and local building and housing codes and regulations materially affecting health and safety. Within a reasonable time, make or require necessary repairs to the premises to keep them in a habitable condition. Keep project building, facilities, and common areas, not otherwise assigned to you for maintenance and upkeep, in a clean and safe condition. Maintain in good and safe working order and condition electrical, plumbing, sanitary, heating, ventilating, and other facilities and appliances supplied or required to be supplied by us. 16. Termination and Eviction: A. After initial lease period you may terminate tenancy in the premises by giving 30 days’ written notice to us after the initial lease period. If you do not give the full 30 days’ notice, you shall be liable for rental charges up to the end of the 30 days for which notice was required or to the date the unit is reoccupied, whichever comes first. You agree to vacate the premises no later than the expiration date of such notice, remove all your personal property, and leave the premises clean and in good repair. Ely (initials)(Or ¢ OW We may terminate this agreement for the following reasons: Q) Q) @) (4) 6) ©) ” Drug related criminal activity engaged in on or near the premises, by any resident, household member, or guest, and any such activity engaged in on the premises by any other person under the resident's control; Determination made by the landlord that a pattern of illegal use of a drug interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents; Criminal activity by a resident, any member of the resident's household, a guest or another person under the residents control: a. That threatens the health, safety, or right to peaceful enjoyment of the premises by other residents (including property management staff residing on the premises); or b. That threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises; If the resident is fleeing to avoid prosecutions, or custody or confinement after conviction, for a crime, or attempt to commit crime, that is a felony under the laws of the place from which the individual flees, or that in the case of the State of New Jersey, is a high misdemeanor; or If the resident is violating a conditions of probation or parole under Federal or State law; Determination made by the landlord that a household member's abuse or pattern of abuse of alcohol threatens the health, safety, or right to peaceful enjoyment of the premises by other residents; If the landlord determines that the resident, any member of the resident's household, a guest or other person under the resident’s control has engaged in criminal activity, regardless of whether the resident, any member of the resident's household, a guest or another person under the resident’s control has been arrested or convicted for such activity. a. A violation which interferes with our responsibilities. We may terminate this Lease only in accordance with the law and only for good cause. Good cause for termination shall include: (a) (2) 3) Abandonment of the unit by you. Nonpayment of rent in a timely manner. aterial or repeated violation by you of the House Rules. (initials)17. 18. Oe co (4) Material or repeated Violation of the terms of this Lease by you. (5) Intentional misrepresentation or intentional failure to state any fact or facts, upon which we have relied in agreeing to enter into the lease. (6) _ If you materially breach the terms of this Lease. A material breach means: A. Nonpayment of rental charges or any other financial obligation under the Lease after expiration of a 3-day pay or quit notice, or B, Four or more late rental charges payments within any 12 month period received after the fifth day of the month, or C. Failure to reimburse us within 30 days or other reasonable time agreed upon by you and us for repairs required to maintain the premises (Section 8 of this Lease). D. A violation resulting in damages to the premises or any other portion of the project, or E. A violation which adversely affects the health, safety, or quiet enjoyment of any resident or visitor to the premises, or F. A violation which interferes with our responsibilities. (7) Intentionally provide false or incomplete information. (8) Your fail to fulfill the obligations of this Lease. D. Any notice of termination or eviction shall contain a statement of the facts constituting the cause for the termination or eviction. Grievance and Appeal Procedure: We have adopted a procedure in accordance with Program Regulations for the resolutions of disputes arising out of this Lease or your occupancy of the premises. The procedure establishes your right to a hearing on grievances related to your occupancy and appeal of any of our decisions regarding your occupancy, including notices of termination and eviction. Waiver: Our failure to insist upon the strict performance of the terms, covenants, agreements, and conditions contained herein, or any of them, shall not constitute or be construed as a waiver or relinquishment of our right thereafter to enforce any such term, covenant, agreement, or condition, but the same shall continue in full force and effect. El (initials)rer ¢O- 19. Additional Lease Provisions: Additional provisions are incorporated and attached to this Lease as Exhibits: bit G — Maintena: i Ad bit H — Haza ince Di ASE = right Visi icy Lea m 20. Acknowledgment: As consideration for your continued fulfillment of the terms and conditions of this Lease, we agree that you may, during the effective period of this Lease, have and enjoy the use of the premises described above. K The John Stewart Company Resident Name Eraseal ¢ bene Emanuel Carl Loggins Management Agent Date Co-resident Name By: Date Date6, O¢ ¢ (Or EXHIBIT A COAST HOUSE RULES — LEASE ADDENDUM Residents receive a copy of the House Rules, which is signed upon move-in. House Rules are provided to help residents transition into a new living envirgnment and understand the guidelines that must be followed to maintain harmony in a shared living space. The rules are an addendum to your lease and are equally binding. In most cases, the rules are an expansion or clarification of the provisions of your lease. If you have a question about the rules you are welcome to ask the Administrator. — It is the objective of The Coast, The John Stewart Company as Management Agent, that this be an attractive and enjoyable place for the residents to live in a harmonious, integrated community. Priority over individual wishes will be given to those activities and programs that contribute to the happiness and well being of all residents. Recreational and leisure time facilities are to be equally available to all, and no resident shall use the equipment and facilities in such a way as to jeopardize their use by the other residents. Certain hard and fast rules must be followed in order to comply with applicable law, and regulatory requirements, to satisfy all financial obligations and to create as pleasant an atmosphere as possible in which to live. At the same time, it is recognized that households may have problems. Naturally, reasonable effort will be made by the Management to accommodate extenuating hardships and to assist households to secure further assistance when requested. - All rents are due on the first day of each month and no later than the fifth day of the month at the Management Office located at 516 O'Farrell Street, San Francisco, CA 94102. All rents shall be paid by check or money order. Checks should be made out to Coast. No cash will be accepted. 3, OFFICE HOURS - Rents and other office business must be transacted during normal business hours. The hours will be posted at the front desk. Residents are admitted to the office to conduct business only and not permitted access to business records. 4. ENVIRONMENT — Residents and their guests shall not be allowed to cause any unsanitary conditions, no loitering, or other act which may disturb the quiet enjoyment of any other resident. All trash must be disposed of in trash bags in garbage containers. - Window coverings are provided. No additional coverings can be added except as approved by Management. No article of clothing or other materials shall be left to dry or hang in any publicly exposed area such as windows and railings. No personal belongings of any kind or garbage may be hanging from sprinklers or windows under any circumstances. It is strictly prohibited to throw anything out your windows or balconies. 6, NOJSE - Residents shall not disturb the other residents with noise. Noise means and includes excessive undesirable sound, including that produced by persons, pets, televisions, radios, musical instruments, home appliances, and any other noise-producing objects or other sources of loud noises. Quiet hours must be observed between 11:00 P.M. and 8:00 A.M. During quiet hours, residents cannot engage in any activities which create noise and disturb the neighbors.C © C ( o, 7, CLEANING — At initial occupancy, units will be properly cleaned and in good condition. A joint inspection will be conducted at move in to record the condition of the unit at that time. Residents and their guests shall be responsible for maintaining the cleanliness of their units. No units may be so filled with furniture and personal items as to constitute a fire, health or safety hazard. All food must be property stored in containers as to not create a health hazard. — Household garbage must be disposed of in garbage bags and dumped in the trash cans provided by Management. Disposal and removal of extraordinary garbage, such as Christmas trees, large boxes, furniture, and other such items must be arranged with the Management as needed. 9, SAFETY AND MAINTENANCE INSPECTIONS - Management shall perform an annual inspection of all project facilities and units, and other inspections as needed of all units and appliances for safety and fire prevention standards. 24-hours advance notice will be provided, except in emergencies. 10, SAFETY — Riding of bicycles, roller skates, roller blades, or any other wheeled apparatus are not permitted inside the building, except for wheelchairs. The speed when running, jogging, or ina motorized wheelchair must be limited to no more than 5 miles per hour in common areas of the building. ~ Residents shall immediately inform Management of any need of maintenance repair so that work can be done promptly. Light bulbs shall be furnished to the unit upon occupancy and residents shall replace bulbs thereafter. Residents shall be charged the cost of stoppage of any sewer caused by the resident's negligence and any other damage as provided under the Lease. Any charges to the residents shall be paid within 30 days of billing. No additional large appliances (washer, dryers, refrigerators, cooking appliances, etc.) may be permitted in the unit. All electrical appliances must be inspected by the Management for safety and fire protection standards before their use in the unit. No walls may be painted or wallpapered, nor may they be drilled into to hang bookshelves, heavy painting or mirrors. All pictures shall be hung by the use of brads or finishing nails. For safety reasons, no electrical fixtures or hanging objects such as plants, etc., can be suspended from the ceiling. 12, EXTERMINATION - Residents’ apartments will be treated with pest control monthly. Residents are asked to cooperate with Management in their attempt to keep the building pest free. Residents with allergic reactions to pest control treatment must notify Management so that alternative pest treatments can be applied. Residents shall not allow infestation of bugs or rodents in their units and must report such conditions to Management immediately. Aschedule of monthly pest control treatments will be posted on the bulletin board. 13, KEYS — All adult household members will be provided with a key, which will provide access to living unit. Keys must be returned upon vacating the premises. Management reserves the right to charge up to $5.00 for each key not returned and/or for the replacement of lost keys. Residents must not give keys to anyone. If for some reason, vacation or illness, a friend or relative is to have access to your unit, this is to be stated in writing and designated individual must meet with the Administrator prior to receiving any key. i i prohibited unless performed by Management. 10rer Or A. LOCK CHANGES — Management will change the lock to your unit with a written request. The first time a lock is changed, it will be free. Subsequent occurrences will be at a cost of $25.00 per occurrence. Residents requesting lock changes in excess of one per month will be required to call the police to report suspicious activities. Management will honor resident’s requests to change the lock in excess of one per month provided that an incident report is filled with the police department. 14. VISITORS - Upon entrance into the building, visitors must present one of following means of photo identification: - A valid and current passport. - A valid and current photo driver's license or identification issued by any state, or Canada. - A Mexican Consular Registration or Resident Alien Card. - A valid and current federal or state government agency issued photo identification. All visitors must adhere to the following rules: - Visitor’s hours are from 9:00am to 9:00 pm daily. - There is a maximum of two visitors at one time. Professional and/or necessary service providers do not count towards the visitor limitation rule. Children 10 years old or under shall not be counted towards the visitor limitation rule. Management has the right to impose a maximum of two children per unit. - Ail visitors must register at the front. - All visitors must return to the front desk to re-register if they intend to visit a different resident of the same building. - All visitors must be escorted to the front desk by the resident when the visitor is leaving the premises. - Residents are responsible at all times for all visitors who have signed in as their guests; this includes children’s actions. - Management also reserves the right to confirm that a resident agrees to admit the visitor and may require that the resident come down to the front desk to personally admit their visitor. - Visitors not following the House Rules may be banned from the building. - Residents who repeatedly violate the visitors’ rules may be denied visitors rights for 30 days. No penalty may be imposed until the second violation and all notices of violation will be in writing with a copy provided to the resident. : Visitors with dogs are not allowed in the building unless previously authorized by Management. Certified guide dogs are exempt. See attached policy. M E 18 — All minors under the age of 18 are required to be signed in by an adult on the Lease of the apartment in advance or at the time they visit. 15, OVERNIGHT VISITORS - Please see attachment. Overnight visitors are permitted, provided that the hosting resident complies with the visitor policy as outlined: a) A visitor remaining on the premises after 9:00 P. M. must be signed in on the Hospitality Log by the residents prior to 9:00 P. M. b) Because of the size of the units, there can be only one overnight visitor per night. c) The total cumulative number of allowable nights for overnight visitors is 8 nights per month. For tenancies of two persons per room, each resident is permitted to have eight (8) overnight visitors per month. No room may have more than one overnight guest per night. 11(e, 2 d) Residents who repeatedly violate the visitors’ rules may be denied visitors rights for 30 days. No penalty will be imposed until the second violation and all notices of violation will be in writing with a copy provided to the resident. e) Management reserves the right to institute further changes with respect: to overnight visitors. f) Management reserves the right to ban any visitor from the building for violation of the Lease and/or House Rules. g) Under no circumstance may any resident charge any visitor any fee for overnight stay. 16, DRINKING AND INTOXICATION- Drinking of alcoholic beverages and/or drunkenness will not be permitted in the common areas of the building, including the recreational rooms. Residents may not sleep, lie down, or recline in the hallways or other common areas of the property. Repeated violations will constitute a substantial violation of the Lease and may lead to eviction proceedings. 17, VIOLENCE AND VERBAL ABUSE -— Threats of violence or verbal abuse against Management staff, residents, or anyone is strictly prohibited. Threat of physical violence, brandishing a weapon, physical damage of property, arson, defacing furniture or walls, sexual harassment, domestic violence, and engaging in any other type of discriminatory behavior are immediate grounds for eviction. 18, PERSONAL EMERGENCY RESPONSE ~ Management will provide a Personal Emergency Response System activator to residents who are frail or chronically ill upon request. When activated this will transmit an alarm signal to Management's response center for assistance. However, as the Manager may not be available at all times to immediately respond, the resident is urged to call 911 for emergency assistance. 19, PERSONAL TELEPHONE AND CABLE- The residents are independently responsible for contacting the telephone or cable company and installing phone and cable service. — To comply with the State Law, there will be no smoking in the interior common areas of the building. However, smoking is allowed in the individual units and in outdoor areas. Cigarettes should be extinguished properly and ashes disposed of in ashtrays. 21, OXYGEN THERAPY OR USAGE - Any resident utilizing oxygen within their unit or on the premises must adhere to the safety precautions listed in the usage booklet provided with oxygen tank. Three areas which we emphasize are (1) Smoking or open flame are not permitted within the apartment; (2) Store oxygen units away from heat; (3) Keep units away from all flammable materials such as grease, oil, hair, lubricant, Vaseline, hand lotions and aerosol sprays. In addition, persons using oxygen must inform the office, so Management can review the oxygen usage policy with the resident. — No pets are permitted except approved service animals or companion animals. Management must approve all animals prior to acceptance. The resident must execute a Companion and Service Animal Agreement and make the required animal deposit. Residents are responsible for all actions of their animal at all times, especially 12( / ©, ( o- in common areas. All animals are to be on a leash in common areas. Management may require that a muzzle be used if necessary. See attached agreement. — Shopping carts belonging to commercial stores are not allowed in the building. Management provides laundry carts and push carts for residents’ use inside the building. 24, COMMON AREA TELEVISION - The television in the lobby area is available for resident's use during posted hours. During community events, the television will not be available for viewing. The remote control is available at the front desk on a sign-out basis. The remote control may be signed out for a designated period of time as per the television policy. While a resident has the remote control signed out in his/her name, the resident may select the channel, however all other residents are welcome to view the television during that time. Residents should not interfere with other resident's use of the television area. Drinking alcohol in the television area is strictly prohibited. Sleeping in the television lobby is not allowed. Management is not responsible for lost, stolen, or damaged personal belongings. Please do not leave personal belongings unattended. Do not remove any other person’s belongings or goods from this room. Notify Management of any problems with the television, VCR/DVD or any other item in the television lobby area. Keep this area clean and properly dispose of all trash and clean any spills. Please report un-cleanliness or other problems to the front desk immediately. Failure to follow the house rules regarding the common area television may result in a termination of television viewing privileges. 25, COMMON AREA ATTIRE — Residents must be fully clothed at all times including shoes in all ground floor, elevators, and basement floor offices and common spaces. All attire must not be soiled. Pajamas, nightgowns and bathrobes are prohibited in all common areas, except to and from units to bathrooms. — Management will provide a bulletin board in the common area for posting personal articles, events, selling of personal items, and for other residents’ postings. Management reserves the right to remove any inappropriate items. Management is not responsible for lost or damaged postings. Do not remove other resident’s postings and notify Management of any problems. — A Pay phone has been provided for everyone's convenience. Calls are limited to five minutes and no more than three calls in a row. 28, VIDEO, AUDIO RECORDING — No Video or audio recordings or use of cameras in the common areas are allowed without express permission from Management. Soliciting, selling or canvassing is not permitted by residents or non- residents. Please report any of these activities to the front desk. = Loitering and panhandling in front of the building is strictly prohibited. 31, TIPPING AND GIFTS — Tipping staff and giving gifts to staff is strictly prohibited. Staff will not accept cash gifts. However, staff may accept personalized greeting cards. 1332, SATELLITE DISHES AND ANTENNAS -- Management requires all Residents who wish to install satellites or antennas to get prior permission. Resident agree to install satellites or antennas in a Management approved designated location. Resident agrees to reimburse for any damages to property that occurred from satellite or antennas installation or removal. — Management reserves the right to rescind or change any of the foregoing rules and to make such other rules and regulations from time to time as may be deemed needful for the safety of residents and the care and cleanliness of the property. Changes shall become effective thirty (30) days following the date of delivery. Failure to sign revised House Rules does not mean residents are not bound to new rules. 34, OTHER RULES - In addition to these rules, specific rules may be established for laundry room, common area rooms, kitchens, and other common area facilities at Management's discretion. THE COAST, THE JOHN STEWART COMPANY AS MANAGEMENT AGENT OCCUPANCY POLICIES - LEASE ADDENDUM is hereby agreed to by the undersigned resident(s) and shall form a part of the attached as an addendum to this Lease dated 5-7-10 \ Enovvef, C U2 Unit: 214 Resident " C7 Resident Management Agent 14C oO, ct oO, EXHIBIT B THE COAST GRIEVANCE AND APPEAL PROCEDURE RESIDENT GRIEVANCE PROCEDURE If a resident feels any representative of management has acted in a discriminatory manner, the first step should always be informal discussion of the incident. Tf this fails to resolve the grievance, the following steps should be taken: 1. Mail or give a written explanation to the Property Administrator, stating the complaint, the specific time(s) of incident(s) prompting the complaint, and the desired resolution. 2. If a satisfactory resolution is not reached by 14 days following mailing (or hand-delivery) of the written complaint, a copy of that complaint should be directed to the Supervisor responsible for the project, at The John Stewart Company. Additional information, such as Administrator's response as understood by the resident, should accompany this complaint. If the resident is dissatisfied with the results of communication with the Supervisor, the issue may be brought to the Vice President or President of the Company. 3. If all of the above action fails to resolve the matter, a third party neutral mediator may be brought-in to help resolve the matter. Caraseed (digg ne _S/2iz Signature Signature Date 15CO ce 9, EXHIBIT C THE COAST MEGAN'S LAW i = E IM Notice: The California Department of Justice, sheriffs departments, and police departments serving jurisdictions of 200,000 or more and many other local law enforcement authorities maintain for public access, a database of the locations of persons required to register pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. The database is updated on a quarterly basis and a source of information about the presence of these individuals in any neighborhood. Pursuant to Section 290.46 of the penal code, information about specified registered sex offenders is made available to the public via an internet website maintained by the Department of Justice at www.meganslaw.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. C 22a Tenant Tenant Date 16rc eC c ¢ Ir EXHIBIT D THE COAST MOLD AND MILDEW LETTER Date: 5-7-10 Dear Resident(s): Emanuel Carl Loggins It is the goal of the Owner to maintain the highest quality living environment for the residents Of this property. To that end, we ask that you take a moment to read the following information regarding simple measures you can take to avoid, and if necessary, address mold and mildew problems in your apartment home. Molds and mildews are microscopic organisms found virtually everywhere in our environment, both indoors and outdoors, that spread through the dispersal of airborne spores. When excess moisture is present, mold and mildew can accumulate and grow. If not addressed, accumulations of mold and mildew can lead to adverse health effects such as allergy symptoms, or respiratory problems in some instances. The best way to avoid problems with mold and mildew is to prevent excessive moisture build-up in your apartment home. Excess moisture can accumulate as a result of a variety of sources. Broken water lines or sprinklers, accumulation of rainwater from roofs or windows, and/or plumbing leaks can all lead to water infiltration and the proliferation of mold and mildew. However, excess moisture can also build up as a result of daily activities such as showering, laundering, cooking, cleaning, and watering plants. Other factors such as poor air circulation, extreme differences in indoor and outdoor air temperature, or failure to clean up accumulated moisture can lead to the growth of mold and mildew. There are several measures you can take to reduce moisture build-up in your home and discourage the growth of mold and mildew: 1. Make sure your home is properly ventilated through the operation of your Heating, Ventilation and Air Conditioning systems (HVAC), and/or by opening windows and doors. Proper air circulation will help prevent excess moisture build-up in the humid areas of your home. 2. Use the ventilation fans in your bathroom, kitchen, and laundry areas. In order to minimize the opportunity for moisture build-up, start the fans before bathing, cooking, or washing clothes and allow them to continue to operate until after these activities are complete. 3. Wipe down any visible moisture accumulation on windows, walls, ceilings, or other surfaces as soon as possible. 4. Open your bathroom window while bathing, showering, and cleaning. Finally, promptly call the leasing office to report any signs of water leaks, moisture problems, and/or any signs of excessive mold or mildew growth. Following these simple steps will dramatically reduce the likelihood of mold and mildew problems in your apartment home and will allow us to respond promptly should a problem develop. If you have any questions regarding this information, please contact the leasing office and we will be happy to assist you. Attached, is the required Lease Addendum. Please stop by the office to review and sign this document. Sincerely, Management Agent 17Or or EXHIBIT D (continued) THE COAST MOLD NOTIFICATION AGREEMENT THIS AGREEMENT is made and entered into between The Coast, “Owner”, and Emanuel Carl Loggins Resident (s).” Resident(s) is/are renting from Owner the premises located at: 516 O’ Farrell Street, Unit# 214 San Francisco, CA 94102. It is the goal of the Owner to maintain the highest quality of living environment for the residents of this property. Prior to your taking possession of the apartment listed above, and at the time of your move-in, the Owner, or its authorized agent, has inspected the apartment and knows of no damp or wet building materials and knows of no mold or mildew contamination. Resident(s) is/are hereby notified that mold and mildew can grow ‘on the surfaces in the apartment if the premises are not properly maintained and/or ventilated. If moisture is allowed to accumulate in your apartment, it can cause mildew and mold to grow. It is important that Residents regularly allow air to circulate in the apartment. It is also important that Residents keep the interior of the apartment clean and that they promptly notify the Owner, or its authorized agent, of any leaks, moisture problems and/or mold or mildew growth. Resident agrees to maintain the premises in a manner that prevents the occurrence of an infestation of mold or mildew. Resident agrees to uphold this responsibility in part by complying with the following list of responsibilities: 1. Keep the unit free of dirt and debris that can harbor mold or mildew. 2. Immediately report to the Owner, or its authorized agent, any water intrusion such as plumbing leaks, drips or other moisture conditions. 3. Notify Owner, or its authorized agent, of overflows from bathroom, kitchen or unit laundry facilities, especially in cases where the overflow may have penetrated the walls, cabinets or flooring. 4. Report to the Owner, or it’s authorized agent, any significant mold growth on surfaces inside the premises. 5. Use bathroom exhaust fans while showering or bathing and report to the Owner, or its authorized agent, immediately if the exhaust fan ceases to function properly. Use exhaust fans whenever cooking, dishwashing or cleaning. Open bathroom windows (if applicable) while bathing, showering or cleaning. Use all reasonable care to close all windows and other openings in the premises to prevent outdoor water from penetrating into the interior unit. 9. Clean and dry any visible moisture on windows, walls and other surfaces, including personal property, as soon as reasonably possible. (Note: Mold and mildew can grow on damp surfaces within 24 to 48 hours.) 10. Notify the Owner, or its authorized agent, of any problems with air conditioning or heating systems. 11. Resident hereby agrees to indemnify and hold harmless the Owner/Agent from any actions, claims, losses, damages and expenses, including, but not limited to, 18 2NOc Q- attorney’s fees that the Owner/Agent may sustain or incur as a result of the negligence of the Resident or any guest or other person living in, occupying or using the premises. The undersigned Resident(s) acknowledge(s) having read and understood the foregoing and receipt of a duplicate original. Ezparual C ye 200 SL BLO Resident Signature Resident Signature Date Management Agent Date 19eC, °°, EXHIBIT E THE COAST SPECIAL UNIT REQUIREMENT(S) QUESTIONNAIRE This questionnaire is administered to every resident of: The Coast. It is used to determine whether a family needs special features in their housing unit. The need for special adaptations must be verified (in order to assure that the limited number of units with special features go to families that actually need the features). A family waives the right to privacy concerning this need to the extent necessary for such verification. Resident Name: Emanuel Carl Loggins Unit # 214 Date: 5-7-10 [1 choose not to complete this form. pepmoed dpsaes Resident Signature 1. 4 5. Do you, or does any member of your family have a condition that requires: [ ]Aseparate bedroom [ ] Unit for Vision-Impaired [ ] A barrier-free apartment [ ] Unit for Hearing-Impaired { ] One-level unit [ ]BR/Bath on 1st floor [ ] Physical modifications to a typical apartment Can you and all your family members go up and down stairs unassisted? {[ ]YES [ ]NO If NO, please indicate how we could accommodate your family: Will you or any of your family members require a live-in aide to assist you? { ]YES [ JNO If Yes, please explain. If you checked any of the above-listed categories of units, please explain exactly what you need to accommodate your situation. What is the name of the family member who needs the features identified above? Who should be contacted to verify your need for the features you have identified above? Name: Address: Phone #: 20Q- a EXHIBIT F THE COAST SMOKE DETECTOR — LEASE ADDENDUM THIS AGREEMENT is entered into on 5-7-10 by and between The Coast, The John Stewart Company as Management Agent and Emanuel Carl Loggins. Hereinafter known as “Resident(s).” IN CONSIDERATION OF THEIR MUTUAL COVENANTS AND PROMISES, The Coast , John Stewart Management Company as Management Agent AND RESIDENT(S) AGREE AS FOLLOWS: 1. By: Resident(s) is renting the premises located at: 516 O’ Farrell Street, Unit # 214, San Francisco, CA 94103 This agreement is an Addendum to and by this reference made a part of that certain Rental Agreement between The Coast, The John Stewart Company as Management Agent and Residents(s). The premises, described hereinabove, is equipped with a smoke detection device(s). Resident(s) acknowledges that the smoke detector(s) was tested and its operation explained by the Resident Manager in the presence of the Resident(s) at time of initial occupancy and the detector(s) in the unit was working properly at that time. Resident(s) shall perform the manufacturer's recommended test to determine if the smoke detector(s) is operating properly at least once a week. Initial ONLY IF BATTERY OPERATED: 5-7-10 By initialing as provided, Resident(s) understands that said smoke detector(s) and alarm is a battery-operated unit and it shall be Resident's responsibility to: a. — ensure that the battery is in operating condition at all times; b. replace the battery as needed; and c. _ if, after replacing the battery, the smoke detector(s) does not work, inform the Resident Manager immediately and in writing. If the smoke detector(s) is not battery operated, Resident(s) must inform the Resident Manager of any defect, malfunction or failure of any detector(s) immediately and in writing. It is management's responsibility to test the smoke detector once a year. The Resident(s) shall allow the Resident Manager access to the for that purpose. C Management Agent Resident a7 Resident 21EXHIBIT G THE COAST MAINTENANCE REPAIR LEASE ADDENDUM Property Name: The Coast Resident Name: Emanuel Carl Loggins Unit Number: 214 Date: 5-7-10 Ihave read the attached lease/occupancy agreement. I am aware that I must advise the project office when maintenance or repair work is required in my unit. I am aware that this can be done by one of the following methods: 1. By going to the office during normal working hours, and completing a "Work Order." 2. If I cannot come to the office in person, by telephoning the Work Order in to the project office during normal business hours, Monday through Friday. 3. In emergency situations, when the project office is closed, by calling the office telephone number and leaving a message with the project's answering service. (All non-emergency requests for repairs will be handled during normal project business hours.) I am aware that if I do not report to the project office any repair work that should be performed in the unit, I may be charged for damage incurred as a result of this negligence. c Lapuaganel 0 ogzzads LPL Signature = ’-* Date Signature Date 22oO, a EXHIBIT H THE COAST HAZARDOUS SUBSTANCE DISCLOSURE LEASE ADDENDUM This Addendum is entered into with respect to that certain Lease Agreement dated 5-7-10, by and between the undersigned with respect to the rental of unit number# 214 located at 516 OFarrell Street, San Francisco, CA 94102. “WARNING: THIS APARTMENT COMMUNITY CONTAINS ASBESTOS, TOBACCO SMOKE AND OTHER SUBSTANCES KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER AND/OR BIRTH DEFECTS AND OTHER REPRODUCTIVE HARM. TOBACCO SMOKE MAY BE PRESENT IN THE APARTMENT COMMUNITY WHEN PERSONS IN THE APARTMENT COMMUNITY SMOKE OR OTHERWISE USE TOBACCO. OTHER HAZARDOUS SUBSTANCES ARE CONTAINED IN SOME OF THE ORIGINAL BUILDING MATERIALS AND INSOME OF THE PRODUCTS AND MATERIALS USED TO MAINTAIN THE PROPERTY. DISTURBANCE OR DAMAGE TO CERTAIN INTERIOR APARTMENT SURFACES MAY INCREASE THE POTENTIAL FOR EXPOSURE TO THESE SUBSTANCES.” Resident(s) agrees for themselves, their guests and invitees, to comply with all rules and regulations as Landlord may form time to time prescribe in connection with Landlord’s operations pro