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  • CP III RINCON TOWERS INC VS. SOOBEEN BAE ET AL UNLAWFUL DETAINER - RESIDENTIAL document preview
  • CP III RINCON TOWERS INC VS. SOOBEEN BAE ET AL UNLAWFUL DETAINER - RESIDENTIAL document preview
  • CP III RINCON TOWERS INC VS. SOOBEEN BAE ET AL UNLAWFUL DETAINER - RESIDENTIAL document preview
  • CP III RINCON TOWERS INC VS. SOOBEEN BAE ET AL UNLAWFUL DETAINER - RESIDENTIAL document preview
  • CP III RINCON TOWERS INC VS. SOOBEEN BAE ET AL UNLAWFUL DETAINER - RESIDENTIAL document preview
  • CP III RINCON TOWERS INC VS. SOOBEEN BAE ET AL UNLAWFUL DETAINER - RESIDENTIAL document preview
  • CP III RINCON TOWERS INC VS. SOOBEEN BAE ET AL UNLAWFUL DETAINER - RESIDENTIAL document preview
  • CP III RINCON TOWERS INC VS. SOOBEEN BAE ET AL UNLAWFUL DETAINER - RESIDENTIAL document preview
						
                                

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AAEM SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet May-13-2015 3:13 pm Case Number: CUD-15-652191 Filing Date: May-13-2015 3:12 Filed by: MELANIA DE LUNA Juke Box: 001 Image: 04909764 DECLARATION CP III RINCON TOWERS INC VS. SOOBEEN BAE ET AL 001004909764 Instructions: Please place this sheet on top of the document to be scanned.oN “~~ \Alexander Handy, BAR # 255597 IKIMBALL, TIREY & ST. JOHN 500 Ygnacio Valley Road, Suite 290 ‘alnut Creek, CA 94596 (Telephone: (800) 525-1690 Facsimile: (925) 942-1694 ‘Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO SAN FRANCISCO JUDICIAL BRANCH CP HI RINCON TOWERS INC ) CASE# CUD-15-652191 PLAINTIFF } 3} DECLARATION OF UNAVAILABLE VS } ORIGINAL LEASE AGREEMENT ) + 2 SooBeen Bae; Joseph Harakidas } DEFENDANT |, Alexanter Had » declare: L That I am the attorney for the Plaintiff in the above-entitled action. I am informed and| believe the following. , 2. That on or about 4/17/2015 we requested that the plaintiff provide our firm with the original written LEASE AGREEMENT for the property located 188 Howard Streeet #1400, San] Francisco, CA 94105. 3, That since that time, plaintiff has failed to provide us with said original writte) LEASE AGREEMENT. NW “1 FILE BY FAX24 25 4. Plaintiff has provided us with a copy of the LEASE AGREEMENT. Tam informed and believe and declare under penalty of perjury that the foregoing is true and, correct, Executed this 11" day of May, 2015 at Walnut Creek, California. (———— L7 Attomey for Plaintiff KIMBALL, TIREY & ST. JOHN LLP BY: Alexander Handy Bar # 255597ao -~ . DeeuSign Envelope ID: 1FCOSDE-EOB044 WF O-561204083533 . Residential Lease Agreement Initial Lea : Rincon Towers : ‘Rincon Resident Address: ABLE i400 88 Howord Sirect Suita $719 BS Howard Steet #1400 ‘San Francisco, CA 94105. ‘San Francisco, CA 94205 Resident Name{s): ‘Other Occupants SooBeen Bow Josoph Harakidas: 10 “Total Refundable Depasit: sons0 ‘vOIOBIZD 4 Ra See 80.00 al Pro-Rated Rent. ‘OBN72015 ‘Total Cor ion: one ‘2310.97 . Blootrielty Resident Ge Resident WaturSewer Resident Trash Resident ‘Thirty (90) days" notice of termination of the lease Is required. IF Reskfent{s) lorminales this leace easly, a 19860 Drank fee wil sappy. Agreement and Acceptance In Siing out, precession and completing this Lesse conlraol somo clerical, sctivener, humen, computer, mathemalioal, or olher ewore may oncur : Inthe svard of any such orove or mistakes, Residenl agrees {0 cooperate with Agent fo axecute or re-exaoute any document necessary (o covet such mistake cr evar, Upon damand by Agent. I Resident falls fe cooparate by exeouling or re-axaculing a document, Agent may terminele this ints Lease: ‘upon three (3) days natice 10 quit, ‘Accepted By: Manpgement: Rincon Towers: Toensigned by: (Subeue Baw 10/8/2014 Agent for OwnarResicient Managor Dale scprenerceso espe: : eeusigans bo: tet 10/14/2024 (doug k Harabides sojej2oe concn secHs FOE HACS. Page 4 EXHIBITDocuSign Envelope ID: JBFCDSDE-EOBO<4 — 9F0-5612640B9633. Residential Lease Agreement Rincon Towers. 88 Howard Street #1490 SooBeen Bae ‘Secunty Deposit 500.00 Totat 600.00 ERReRETBL een daw AMG Total 0.60 Application Fee Initial Lease Tota 0.00 Page? EXHIBIT InDocuSign Enveiope (D: 18FCD3DE-E0B0-44F6-BBF 1284089533 maa CARMEL Residential Lease Agreement (Fixed Term) ‘This Residential Lease Agreement (hereinafter “Agroement” or “Lease” is entered into between Cermol Partners, Inc, a California comporation, ss agent (“Agent”) forthe Landlord identified on page I of this lease (“Landlord”). 1. LEASED PREMISES: Landlord rents to Residents) the Premises as deseribed on page 1 of this Lease thereinaller “the Premises"), which is located within the Apartment ‘Community heremafter the “Apartment Community” or "Property" for use as a residence ang for no other purposs Agent, acting through the on-site property manager or other uly authorized representative idemified to Resident(s) 1m writing, has been authorized by Landloxd to act for and on behalf of Landlord with respect to this Lesse. Without limiting the foregoing, Agent has the authority to (a) receive and receipt for all (i) rem and otiter amounts payable by Resident{s) under this Lease and (ii) requests, notices, demands and other communications provided by Resident(s) pursuant this Lease (excluding service of process), (b) deliver all requests, notices, demands and other ‘communications to be provided by Landlord pursuant to this Leese, (c) grant and/or withhald ail consents, approvals und waivers exercisable by Landlord and (@) exereise and enforce all of the rights, remedies and benofits of Landlord under this Lense. Resident(s) are hereby instructed to submit Agent all paymenis, requests, notices, demands and other communications to he made to Landlord pursuant a this Lease until such time as Landtord otherwise advises Resident(a)in writing, provided, thal service of process, if applicable, shall be made in accordance with epplicable law. In addition, 1o he extent the terms of this Lease (1) exculpate or discharge Landlosd from cectain obligations, liabilities or responsibilities or (2) provide thet Residont(s) will hold hanatess and indemnify Landlord fom and against certain claims, demands of liabilities, then such terms shall also inure to the benofit of Agent and its sharcholders, divectors, officers, agents, employees, contractors, representatives, successors and assigns, 2. TERM. (a). Original Term This agreement shall be for a period as described on page } of this Lease, unless sooner terminated as provided in this Lease or allowed by applicable law. (b), Delay of Possession, Resident(s) understand that, for reasons beyond the control of Landlord, Landlord may not be able to provide occupancy to Resident(s) on the Commencement date if, or example, a former resident of the Premises who has given notice to leave cencels the notice or fails to leave by the scheduled date. If, for eny reason, Landlord 1s unable to provide occupancy to Residents) by the scheduled commencement dete, Resideni(s)’ remedy in this event shall be limited to termination of this Lease and Resideai(s) shall be entitled to a prompt refund af any monies paid. Landlord shal! have no Viability (o Resident(s) if there is a delay of possession other than fo promptly refund any monies paid. (c}, Holding Over. Any' holding over by Resident(s) ot the expiration of the Lease term with the consent of Landlord shall create p tonaney from month to month on the same {terms ond conditions sel forth herein, subject to amendment by Landlord as set farth in Civil Code § 827 and terminable by either pasty on thirty days writlen notice in accordance with the provisions ef Californin Civil Code § 1946, unless a tanger notice period is required by applicable law. Sce also paragraph 12 regarding automatic renewal ona rnoath-to-monti basis, 3. RENT: Resident(s) shall pay to Landlord, as rent fr the Premises, in the amount shown on pages | and 2 ofthis Lease. The name, address and phone umber of the person or entity to which rent payments shall be inade as described on page t of Bus Lease. The nonmal houcs available to miake payments in person are from 9am 106 p.m.onail none holiday days Monday through Friday (some properties are available on weekends). For your convenience, a twenty-four hour, seven days 2 week rent payment drop box is available atthe address above. Except as othenwise provided herein, said sum shall be paid in full, in advance, on or before the first day of each month in the form of personal check, cashier’s check or money onder. If Landlord serves Resident(s) with a three-day notice to pay rent or surrender possession, which Landlord may don any date afler the first day of the month, any payment tendered following service of said notice must be in the form of coshicr’s check or money order. if any chock given by Residemt(s)is, for any reason whatsoover, retumed unpaid by the bank upon which drawn, all subsequent payments for the balance of Resident(s)" occupancy of the Premises (including the payment ‘ovessary to replace the dishonored check) must be in the form of cashier's check or money order untess Landlord agices, in writing, to waive this requirement. Its the Resident(s)' responsibility 1o be certain each payment js actually received by Landlord, on or before its due date, Use of a rental payment drop box fs for Residenl(s)* convenience - the risk of loss of funds when such box is used is Resident(s)’, and not Landlords, risk. Resident(s) shall have the burden of proof to establish that sent was tendered and accepted in the event af a dispute. 4. MOVE-IN PAYMENT: Resident(s) shall pay to Landlord, al the time of move-in, the sum as described on pages 1 und 2 of this Lense. This catire sum must be paid in the fonn of cashier's check er money order, If Landlord accepts a personal or ather non-certified check ond said check is, for any reason whalsoever, retumed unpaid by the bank upon which drawn, the entice amount shell immediately become due and payable and shall be considered sent sp thal Landlord may serve a firoe-day notice to pay rent or quit for the entire amount and, if Resident(s} does not comply with said notice, Landlord may utilize unlawful detainer procedures to evict Resident(s) from the Presnises 5 CONCESSIONS: In consideration of Resident(s)” agreement to lease the Premises for he term-described in the Lease, Lendlond may agree fo providea concession. Aily concession is described on pages I and 2 of this Lease, 6. LATE CHARGE AND NSF CHARGE: Landlord and Resident(s) agree that the actual costo Landlord when Resident(s) fail to pey rent on timo, or when Resident(s) pay rent by 8 check which is subsequently dishonored by the bank, is difficult or impossible (0 esceriain, but the parties agree that Landlord docs, in the event of fate payment orin the event of dishonored check, incur certain costs, such as additional bookkeeping and sdainisirative charges, bank charges, lost apportunity cos(s of the lal payment, ete, After making a reasonable endeavor to estimate accurately the approximnate casts associnted with such a breach, which both parties agree is difficult or impossible to ascertain, the partes agree that, any time the rent for any given month is paid after the fifth day of such month, Resideni{s) will in that month pay to Landlord, as additionaf rent due with the late payment, alate charge in the sum of $75,00 and further agrec that, inthe event of a dishonored cheek, Resident(s) will pay to Landlord, ns additional sent due with the ‘payment required to replace the dishonored check, o NSF fee in the sun of $25.00,and the late fee. The patties egree that the payment of these sums ¢o not constitute a license to ay rent late nor docs it constitute a license to pay by dishonored check. Rent remains duc on the first day of the month and there is no grace period for the payment of rent. A three-day notice to pay rent or quit may be served al any time after the first day of the month irrespective of the existence ofthe late charges as set forth herein. ‘7, SECURITY DEPOSIT: Resident(s) shall pay to Landlord, 2s security, as described on page 2 of this Lense which sum shall not exceed the maximum permitted by California . Crvil Cote § 1950-5. This sum shall bs applied and accounted for in accordance with the provisions of California Civil Code §1950.5 and eny other applicable staustes, Landlord > shall not be obligated to pay Residont(s) interest in connection with suck security deposit unless required by lew. 11 is understood that the security deposit it applicabteto all . Resident(s} jointly, and need not be accounted for until the permissible statutory period after such time as all Residents have vacated the Premises, Any rofund dueat such time may be mado payable jointly to all Resident(s) and it chall be the responsibility of all Rosideni(s) to work out behween themsalvas the mannes of dividing said security deposit. If Landtord chooses so make the refund to any of the Resident(s) individually (whict need not be done until the statudory time has elapsed afterall Residents have vacafed the Premises), in legal contemplation the payment shal! be desmed to have been matte to al Residents end Landford shall have no liability to any one ar group of Resident(s) for 2 ——-— failure af any Resident(s) to equitably divide such sefund, Ifthe security deposit is Iter increased by agreement of the parties, for any reason, (such 25 tho installation of a satellite dish, a waterbed or relating to a pel), the addition to the security deposit will be disbursed by Landlord in accordance with this paragraph at the end ofthe Resident(s)’ ~ tenancy Removal of the pe, satellite dish or waterbed, or whatever caused the increase in the deposit, will not be grounds for early disbursement of the soewity deposu., & UTILITIES: Paymant of all utility (electric, gas, waler, sewer, trash, telephone, intemet, cable} charges and any applicable service/billing fees (hat are associated with the wtities shall be the responsibility of Resident(s). These fees are subject to change without notice. With respect to uilities pald by Landlord ifapplicable, Resident(s}shell not Revised> 10-25-12 EXHIBITDocuSign Envelope ID: 18FCD3DE-E0B0-44F6-88F 1264059533 aea CARMEL make excessive or unreasonable use of'such wilities. n the event that Resident(s) do miake excessive or unreasonable use of such uilities, Landlord may bill Resident(s) for such : excessive or unreasonable use and said billing shall become duc and payable, in full, as edditional rent together with the reguler monthly sental payment on-the first day of the : month next following the date of such billing. In the evont of a dispute as to any such charges, Resident(s) she!l pay the disputed ammauntas required, but may fle @ Staall Claims . Court action for a refund and, if such Court determings that the amount charged by Landlord is excessive, Landlord shall promptly refund eny such overcharge. In the event Residents) fait to pay any utility charges which nre to be paid by Resident(s), Landlord may, at its option, pay such cherges to retain cominuing ulilities service. In the event that Landlord does so, any such charges may be billed io Resident(s) by Landlord sand seid billing shall become due and payable, in full, as additional ent together with the regular ‘monthly sental payment on the first day of the month next following the date of such billing, 9. EVENTS OF DEFAULT: The occurrence of any one or more of the Following events shall constitute a material default in breach of this Lease by Residents): (a) The vacating or abandonment of the Premises by Resideni(s). (b) The faflure of Resident{s} to make any payment of rent cr any olher payment required to be made by Resident(s) hereunder, as and when due, where failure shall continue for a period of trres (3) days after written notice thereof from Landlort to Residents). {0) Failure by Resident(s) te abserve or perfoom any of the covensnts, conditions ar provisions of this Lease to be observed or preformed by Resident where such failure shall continue fora period of three (3) days after written notice thereof from Landlord to Resident(s) (2) The discovery by Landlord fat she eredit application given Landlord by Resident(s) wes materially false. This type of default is noncurable. 10. REMEDIES, In theevent af any auch material defpull or breach by Resident(s), Landlord may at any time thereafier, with or without notice ordemand, and without uniting Londiord 1n the oxereise of any right or remedy which Landlord may have by reason of such defbull or breach: {a) Terminate Rosident(s) right to possession of the Premises by any lawful means, in which case this Lease shall terminate and the Resident{s) shall immediately surrender the Premises 10 Landlord. (©) Inthe event of such fermination, Landlord may recover fram Resident(s) the amount provided in Califorma Civil Code §1951.2 including the worth at lime of the aunrd of the arnount by which the unpaid rent for the balance of the term after the time of awerd exceeds the amount of such rental loss for the some period thal the Resident(s) prove could be reasonably evoided, Upon re-entry by Landlord following such (ermination, Landlord may consider any personal property abandoned in accordance with applicable Taw as set forth in §§1980-1991 of the California Civil Code. (©) The remedies provided in Subparagmnhs 10(a) and (b) are nol exclusive, and Landlord may pursue any one or more of such remedies or any other remedy provided by law. (G) The exercise or failure to exercise any remedy provided herein for any breach hereof shall not be doemed a waiver of Landlord's right to have thaf or any other remedy specified ebove for uny olher breach of the same or any other provision ofthis Lease. Failure by Landlord to exercise any of its rights under this Lease, or Landlord’ acceptance of rent efter any default shall nol be considered or construed fo waive ony right of Landlord or to affect any notice or legal proceedings therelofore given or commenced. : {(e) If Landlord or Resident(s) shall bring any aetion in conntetion herewith, the party prevailing therein shall bs entiled to recover as part of such action, reasonable attorneys" fees (not to exceed $1,000.00 in unlawful detainer actions), costs of coltection, expert witness fees, court casts and other legal costs. 11. NOTICES: Any notice which Landlord gives to Resideni(s) shall be deemed propedy served (whether or not actually received by Resident(s) if'served m the manner prescribed in Code of Civil Procedure § 1162, Except as prohibited by law, if Landlord fails to serve the notice in accordance with the provisions of Code of Civil Pracedare §1162, but Resideni(s) actually receive the notice, the actual receipt shall be deemed to cure any defecis.in the manner of service and the notice shall be deemed properly and. personally served. Service upon any of the Resident(s) of the Premises shall be deeined valid service upon all Resident(s) - it is not necessary to individually serve each Resident unless otherwise required by law. 12. EXPIRATION, AUTOMATIC RENEWAL OF TENANCY FROM MONTHTO MONTH: Upon expiration of the Term of this Lease, but not upon the earlier termination hereof, this Lenee shall automatically continueas & tenancy from month to month oaless elthor Lendlord or Resident{s) ives the other al east thimy (30) days waiten notice of terminatinn, or longer natice if required by law. If Resident(s) fails o vacate and surrender the Premises upon such expiratfon of termination, Resident(s) shall indemnify and hold Landlord harmless from any’ loss or tabiity, including, without limitations any claims made by asty succeeding resident, from such failure to vacate the Premises. ‘The foregoing indemnity shall not in anyway limit arty other indemnily contained in this Lease. In the event this Lease shal! continue as.a fenancy fram month to month as provided above, each of the terms.and conditions of the Lease shall apply with respect to such tenancy except as follaws: {a). The provistons of this Lease respecting the Term shall be deemed modified to provide that the tenancy shail be from month to month, that either party nay terminate such tenancy by providing prior written notice in accordance with the first sentcace of this seetion to the other, {b). Landiord may, at its option, increase the Rent to the monthly rental rate sct (orth in a written nofiffeation to Resideat(s), and the Rent may include a month-to- month fee. Landlord may also change offer terms of tenancy asallowed by lave. ‘Upon vaeating from Promises, Resident(s) shal (o} deliver the Premises emply of al persons, and (5) remove all of Rosident(s)' personal property ftom the Premises and from all parking spaces and storage spaces provided under the Lease, 13, OPTION POR EARLY TERMINATION OF LEASE: Resident(s) are axpected to remain Resident(s) for the entire term specified in the Lease. If Resideni(s) fail to do * 30, Resident{s) will be responsible to Landlord (or all damages provided by law, including (but not limited to) rent due through the end of the lease term, sainus rents paid bya replacement tenent (fany) This amount will vary depending upon how long if takes the Landlord to find azeplacement tenaat. Therefore, this amount cannot be determined in advance aud it is difficult to estimate, To avoid this uncertainty, Resident(s) may’ choose to exercise an early termination option. Resident(s) may choose to pay a flat fee in advance to terminate the Lease early, rather than remsining liable for rent due through the end of the Lease term, To exercise this option, Residens(s)must deliver to Landlord, 8 ‘written notice stating that Resident(s} have elected to exercise this option, and payment needs (0 be made prior to the move out date. Resident(s) shall pay to Landlord, in addition to the rent owed during the thirly-day notice period and any other amnounts then due, an easly termination option fee equal to two month's current rent and refund of any concession received by Resident(s) during the term of the Lense, Such payment will release Resfdeni(s) only from any further rentat obligations beyond the date the termination is effective, However, all of the terms of the Lease mustbe camplied with through the date of vacating tho Premises, 1'the termination foe is not paid, the notice shall be of no effect, the Leeso term will not be effective, and Landlord shall retain all remedies of non-compliance with the Lease. Resident(s) shall be tiable for any damages for non-compliance or faslure to properly vacate pursuant to the thirty (30) day ternvination notice, including but not limited to all reasongbie costs and expenditures by Landlord - to re-let the Premises. 14 CONDITION OF PREMISES-ALTERATIONS. Resident(s) have inspected the Premises and acknowledge thet the seme Is mt good and habitable order and repair at the - time Residems) are given oceupancy. Resident(s) agree not to moke any allerations or improvements to the Premises without the prior written consent of Landlord. All additions, : fixtures and ionproventents shall be Landiord’s property ond shrll remain upon the Premises after xe termination of the Lease untess Landiod,asa condition 10 Resident(s) making such alteration, consents to such allerations or additions and requires that the Premises be restored to the condition existing prior to such alteration or addition. Atthe — end of the tenancy, Resident{s) must retum the Premises to Landlord in the some condition es received, normal weer and tear excepted, and as clean as received. 15. USE OF PREWISES: Resident(s) agree that the Premises are rented for residential use only. Resident(s) shall not use the Promises as a business address, nor shall Resident{s) conduct any business activities oa the Premises. Conducting business activities inphidcs, without limitation, using the Premises as a mailing address for & business enterprise, having a business telephone line in the Premises, having business clients meet with Resident(s) at the Premises, having business stationery setting forth the address of Revised: 10-25-12 Page of 9 , EXHIBIT CDocuSign Envelope ID: 18FCDSDE-E0B0-44F6-8BF 1264089533 aun CARMEL the Premises as a business address, assembling or manufacturing any aoe upon the Premises, or otherwise holding out the Premises as the address of eny business. Residen(s) additionally apree not lo permir the Premises to be used for any ilegst purpose, nor to engage in any illegal acts upon the Premises or upon the grounds of the Commonity Resident(s) agree not to have any itlegal narcotics, including medics! marijuana, in the Preinises or Community. Resident(s) agree to reimburse ant indemnify Landlord for all fines or other penalties incurred by Landlord as a result of the violation of any statute, ordinance, regulation or other govemmental restriction by Resident(s), their guests or invitess, Resident(s) further agrec not to harass, annoy or endanger any other Resident of the Community or their guests or any employees of Landlord or create ‘any nuisance in the Commanity, Resident{s) also agroe not to do or permit anything to be done in the Premises that may be deemed hazardous or which will eause-a cancellation of or an increase in the premiums for any insurance for the Community. Resident(s) additionally agree not 10 deface or damage any part of the Premises or the Community or pemnit the same to be done or keep any flainmable or explosive materials or any substance conisidesed dangerous, hazardous or toxic under any govemmental law or regulation in the Premises. Any violation of this provision shall be deemed a material and incurable breach of this Lease and shall entitte Landlord ta serve Resident{s) with a three-day notice tenninating the tenancy. Nothing set forth hevein shall be deemed as disallowing any use of the Premises that cannot legally be prohibited. 16, CONDUCT OF RESIDENT; COMPLIANCE WITH COMMUNITY RULES: Residen((s) will obey, and will cause any occupants, guests and/or invitees to obey, all Federal, Stete and loca! laws and ordinances affecting the Premises and/or the Community. (2). Resident(s) received a enpy of the Community Rules (*Rales"), which Rules are incorporated into and madea part of this Lease. Resideni{s) apree (a abideby the Rules in ali respects. Any Rules may be changed on thirty days notice and Resident{s) agreo to abide by any changes. Failure to comply with the Rules shell be deomed a breach of this Lease. (b), Resident(s) agree nat to harass, annoy, or cndanger any othcr resident or person, or ercate or maintain a nuisance, or disturb the peace or solitude of any other resident, or cominit waste in or about the Premises and Community. Resident(s)are responsible for the conduct of his/hesitheir accupents, guesis or invitees in that they abide by these rules hereof while they are in the Community. (0). Resident(s) agree to clean and maintain the Premises to help prevent the presence of any pests. If Resident(s) become aware of a post problem, Resident(s) shall notify immediately, and if Landlord or Landlord's contrmotor(s) treat the Premises for pest elimination and/or prevention, Resident(s) will cooperate with each of Landlord's request(s) to Resitlent(s) ta prepare the Premises for any trealment(s). {@). Certain acts are considered to be contrary to the safety, well being, peace, and enjoyment of the other residents of the Community. These include, but are not limited to, the use, possession orsale of illegal drugs, and carrying or exhibiling firearms in the Communily (except as required by law or job necessity}. A resident conducting any of the activities set forth hereinabove shall be deemed in violation of this Lease, ané ssid activity shell be grounds for termination of this Lease with n Three (3) Day Notice to Quit {e). Resident(s) further agree not to harass, verbally abuse, denigrate or othenvise disrespect (including the use af fou! language) Management's employees, sents and/or ontractors. Failure to abide by this poticy will be grounds for termination of this Lease, 17, SMOKE DETECTORS. Resident(s) acknowledge that the Preinises are equipped with operable smoke detectors. Rosident(s) agrea to not interfere with the presence or operability of such smoke detectors and to immediately report to Landlord, in writing, nny defects in the condition of any smoke deiectars, Resident(s) further agree that. ifthe smoke delector(s) is battery opurated, Residont(s) shall have the responsfbulty-to: (8) ensure thatthe haltery is in operating condition at all times; and (b) replace the battery os ‘needed (unless otherwise provided by law), 18, INDEMNITY/HOLD HARMLESS: Residen(s) agree (o indemnify and hold Landlord and other Landiord parties harmless and to indemnify Landlord and other Landlord Parties from any claims arising out of any death or injury to any person, or any damage to property, if such Injury or damage Is caused direetly or indivectly by the act, omission, negligence, or faut of Resident(s) or Resident(s)* guests or invitee(s) including but not limited to costs of defense. As used hercin, “Landlord Parties” sholl mean Landlord and ‘its managers, members, partners, agerils, employ eas, contractors, représertlatives, successors and assigns. 19. PETS: No pets are petmitted without the prior written consent of the Landlord. Any such consent may be revoked al any time, with or without cause, by giving ten (10) days written notice, Except to the extent wailten permission is given, pets may not be brought upon the Premises, whether such pels belong to Resident(s) ar to any other person, The presence of any pels as to which wrilten permission has not been given and is nol currently in force, even ifsuch pets are “just visiting”, shall be deemed a unplerial breach of this Lexse and shall be cause for the service of a three-day notice terminating the tenancy This policy docs not apply (0 service animals, 20. DAMAGE TO PREMISES; SIGNIFICANT REPAIRS: (a). Ifthe Premises are damaged by fire, food or other casualty, necessitating repairs which require Resident(s) to vacate the Premises for any length of time, in the sole and absolute discretion of Landlord, Landlord shall have the option either (1) to repair the damage or otherwise restore the Promises, with this Lease continuing in full force and effect, or (2) give notice to Rasident(s) at any time after such damage occurs or repairs become necessary teminating, this Lease as of a dale to be specified in the notice. If Landlord clects to terminate, this Lease shail expire and aif interest of the Resident{s) in the Premises shall terminate and Landlord shall have no obligation to pay for lodging costs to Resident(s) after the termination date. Landlord shall not be required to repair any damage by fire er other eause or fo make any repairs of any property installed in the Premises by Resident(a). (b). if Landlord eleots to make significant renovations, impprovemeats or repairs (including, but not (inated 0, tenting for termites, treating for pests or other vermin, replacing, plumbing or electrical wiring, otc.) which require Resident(s) (o vacate the Premises for any length of time, Resident(s} must vacate the Premises as needed and otherwise cooperate with Landlord in its efforts to pecform the work. Landiard shall give Resident(s) written notice of the need to vacate the Promises whieh notice shall include Landlord’s best estimation of the length of time Landtord amicipates Resident{s) will need to be absent from the Premises. (c). Resident{s) agree to vacate the Premises for the time necessary for the work ta be completed and, if Resident(s) need to be absent from the Premises for more than cight {8} hours in any twenty-four (24) hour period, relocate to altemative housing of the Landlord's choosing. Landlord shall be responsible to pay for the altemative housing untess the aerate hausing is necessary because of the negligent or wrongful actions of Resident(s) ar Residenl{s)" occupants and/or guest(s); however, Resident(s) will ramain responsible for all rent while Landlord is paying for sltemative accounnodalions. If Kesident(s) elect to relocate temporarily to lodging other than that designated by Landlord, then Landlord shall have no obligation to pay the cost of such housing, which shall be at Resident(s)’ sote cost and expense, although Resideni(s) shall have ne obligation io pay reat during the time the Premises is not available to Resident{s) during the repairs if Landlord is not paying for the alremative lodging unless the damage was caused by Resigent(s)or Resident(s}" occupants and/or guest(s). (4) Fallare to vacate the Panties or otherwise cooperate with Landlord's efforts ta conduct repais, renovations or other improvements atthe Peoperty isamatesial breach of this Lease and grounds for termination of this Leese. 24. LIABILITY: Londlosd shall not be Habla to Resident(s} or to ny occupants, sueels or mviteas of Resident(s) for any damage or tosses to person or property arising from any cause including, but not limited to, theR, burglary, asssult, vandalism, fire, flood, water leak, rain, hai, ice, snow, smoke, lightning, wind, explosion, interruption of umilities, earthquake, or any other condlifon tuntess caused by landlords negligence or intentional wrongdoing. If Landlord is legally subpoenaed or contacted by a representative from a law enforcemen/govertment agency for information on Resident{s) or Resitent(s)" rental history, Landlord may provide said informations without Hability. “22 RENTER’S INSURANCE: Landlord does not provide insurance for Resident(s)' persorial propesty or automobile, Rentes’s Insurance is designed to provide Resident(s) ‘with reimbursement forloss, damage or destruction of their property, as well a§ coverage for additional living expenses incurred should the Premises, for cxample, become tininhabiteble as the sesull of a fire. Such insurance can also protect Resideni(s) from any liability claims resulting from their own personal activities. For example, should Resideni{s)’ negligence be the cause oft fire, Resident(s) may be held responsible For he damage of the property of others, including Landlord's propeny. Resident(s) are ‘encouraged to obtain Rentes's hisurance in an mount sufficient ta cover any personal possessions of Residentts) together with a reasonable lovel of liability coverage of the actions of Resident{s) or Resident(s)’ occupants, guesis or invitees Revised. 10-25-12 Page 5 of 9 a (ie EXHIBIT \DDocuSign Envelope ID; 18FCD3DE-E0B0-44F6-BBF 1264089533 aaa CARMEL 23, ASSIGNMENT AND SUBLETTING: Resideni(s) shall not assign this Lease nor sublet all or any part of the leased Premises. Pennitting any person not named as an “oncupsnt or as a resident in this Lease to occupy the leased Premises shall be decnied an improper subletting of the leased Presses and shall subject the tenancy to termination. “Aayy attempted subletting or assignment in violation of this provision shall be void. 24, ACCESS'TO PREMISES: Landlord wilt have the right to enter the premises as allowed by law. Law permits entry in case of emesgency, to make necessary or agreed ‘repairs, decorations, alterations or improvements, supply. necessary ar agreed services, to {est smoke detectors/smake alarms/carbon monoxide alarms, or exhibit the dwelling. unit to prospective or uctual purchasers, mortgagees, tenants, warkmen or contractors or to make an inspection pursuant to subdivision (f) of Civil Code §1950.5, when the Rusiden((s) have abandoned or surrendered the premises and pursuant to courl order. Landlord will serve Resident(s} ‘with written nolice before entry unless; © Eniry is due to an emergency, surrender or abandonment of ihe unit, or + Resident(s)and Landlord agree orally to mn entry to moke agreed repairs or supply agreed services at an approximate day and time within one week of the ‘ral agreement, or + Resident(s) are present and consents to entry at the time of entry, or © — Toextibit the unit to prospectivs or actual purchasers of the property, provided that Landlord has notified Resident(s) in writing withia 120 days of the oral natice that the property is for sole and that Resident(s) may be contacted to allow for an inspection. Resident(s) agree to permit Landlord access 10 the Premises in acoardance with this Paregraph 24, Residents) agres that, should they deny Landlord access ta the Premises wien Landlord is in compliance with statutory requirements and eatitled to nocess, any such denial of access shall be deomed a material breach of this Lease and shail entitle Landlord to serve Resident(s) with a three-day notice tenninating the tenancy. 25. JOINT AND SEVERAL LIABILITY AND AUTHORITY: Al! persons signing this Lease as Resident(s) shall remain jointly and severety tiable for all obligations arising hereunder, whether or not they remain in ectuat possession of the Premises during the term or after the expiration of the original term of this Least. The giving by any individval Resident of a notice of terininelion af tenancy shall not terminate the Lease-as to thal Resident unless.all Residents vacate.the Premises by the agreed date. Landlord may, however, treat any such notice as a notice binding against all Residenl(s) of the Premises, aud may institule unlawful detainer proceedings against alt Resident(s) in the event that they do nol restore possession of the Premises to Landlord on or before the end of the notice period. Conversely, Landlord may, af its sole option, in the event that one ‘ar more Resident(s) give notice but ail Residents do not retum passession of the Premises to Landlord within the notice poriod, continue the lenancy in efYectand, if Landiord docs so, alt Resident(s), including the Resident(s) giving notice, shall remain fully liable for al! obligations arising herounder whether or not they remain in occupancy of the Premises, 26. PARKING: Landlord shall not be fiable for any domage or loss to motor vehicles of, or the cantenls of motor vehicles of, Resident(s) and/or Resident(s)' ccoupunis, guesis ar invitees. Faiiure of Resident(s) or Resident(s)” occupants, guests or invitees to follow Community Rules and/or posted signs relating to parking and operation of vehicles may sesult in the towing of the offending vehicle at the cost of the vehicle owner. 27. MILITARY TRANSTER: Military personnel on active duty may terminate this Lease under Fedaral law if @) Resident becomes a member of the Armed Forces of the United States after Resident enters into the ease; or (i) Rosidant is or becomes a member of the Atmed Forces of the United States and receives: &. Orders fora pennsnent change of station; of b Orders to deploy far a period of at least 90 days. Resident iwist give Landlord viritten notice of termination. Far rentals when rent is pad monthly, the termination becomes effective 30 days.after ihe first date on which the next rental payment is duc after the lermination notice is delivered. [For example, if the rent is due on the first of the month and the termination notice is mailed on August 3”, then the effective date of termination is October 1*. (The notice is manted on August 3%, the next rent payment would be due on Septernber 1", and thiny days after that date is October }* Y) Far aif ather rentals, termination is effective on the last day of the nonth after the month in which the natice is delivered. [For example, if the tease calls for rent to be paid quarterly. and notice of termination is given on daly 20%, the effective date of the termination would be on August 31*) Resident must furnish Landlord with proofto establish that Resident qualifies for this limited exception. Proof may consist of any officiel militery orders, or eny notification, certification, or verification from the service ‘member's commanding officer, with respect to the service member's current or future military duty status. Military pennission for base housing dors not constitule a permanent change-of-station order. Additionally, Netional Guard officers and entisted members called or ordered into active state or federal service, or Uniited Staies Military Reserve reservisis who are called 10 full-time active duty, may terminate this Lease under Califomia law if they are called into duty after entering into this Lease. If termination occurs under Californie law, the termination ‘vill be effective on (1) the last day of the month following the notice, ar (2) no more then 45 days after the notice is provided to Landiord, whichever is first. Ifrent is payable other than monthly, the termination will be effective on the lust day of the month following the month in which the notice is given. 28. LEAD-BASED PAINT DISCLOSURE AND WARNING: Applicable only if'checked here [} (must be cheoked if building is constructed prior to 1978 or if Landlord knows or believes there to be lead-based paint on the Premises.) a Lend Weming Statement. Housing built before 1978 may contain lead-based paint, Lead ftom paint, paint chips and dust can pose heslth hazards if not managed properly. Lead exposure is especially hanniid to young children and pregnant women. Lead poisaning in young children may produce pennanent neuralogieal damage, including lescning disabilities, reduced intelligence quotient, bchavioret problems, and impaired memory. Before renting pre~ 1978 housing, Landlords must disclose the prescnce of known lead-based paint and/or tend based paint hazards in the dwelling, Resident(s) must also receivea federally approved pamphlet on lead poisoning prevention. Landlord Imawtedge of lead hazards in the Premises or Community: ( af checked) Landlord has no knowledge of any lead hazards in the Premises or Community, but because of the age of the Premises and Community it is possible that they exist at the Premises or Comnumity. OO Uf checked) Landlord is aware of the following lead hazards in the Premises or Community. Reports or records pertaining to kead hazards in the Premises or Community: Clifchecked) Landlord is not aware of any reports or records pertaining lead hazards in the Premises or Community. [Ey The following reports or reoords pertaining to teed hazards in the Premises or Community are available in Community office on request: _ Residents) have recived copies of ll information listed above, if any were requested, © Resident(s) have received the pamphlet Protect Your Family from Lead in YourHome. 29, ASBESTOS DISCLOSURE, OPERATION AND MAINTENANCE PROGRAM: Applicable only if checked here [] (must be checked if building is coustructed prior —To 1981 ar if Landlord kriows or believes there ts asbestos on the Premises.) Landlord knowledge of esbestos hazards in the Premises or Community. 1B Of checked) Landiora has no knowledge of any asbestos hazards in the Premises or Community, but because of the age of the Premises and Community it is possible that thoy exist at the Premises or Comimunity. Revised: 10-25-12 Be EXHIBIT \DocuSign Envelope 1D: 18FCD3DE-E0B0-44F6-8BF! 1264089533 ace CARMEL Bie Di & checked} Landiord is aware of the following usbestos hazards in the Premises or Community:__ Reports or records penaining to asbestos hazards in the Premises or Coramunity: Dififehecked Lanuilord is not aware of any reports or recards pertaining to asbestos hazards in the Premises or Community. (1 The following reports or records pertaining fo asbasios hezurds in the Promiscs or Community are available in Coramunity office on request: CJ Resident(s) have received copies of all information listed above, ifany were requested, . Asbestos 1s a chemical known to the state of California to cause cancer. Disturbing or damaging certain interior Premises or Community surfaces may increase the potential exposure to asbestos. Resident(s) may not pierce, damage, disturb, or remove any portions of the Premises or Community known or suspected to contaiasbestos. Resident{s) must nolify Landlord immediately in writing ifany portion of the Premises or Community known ot suspected to contain asbestos are pierced, damaged, disturbed or removed. 30. MISSTATEMENTS ON APPLICATION: Resident(s) have completed an application in connection with securing this Lease. Landlord has relied upon the slatemenis se ‘forth in said application in deciding to rent the Premises (o Resident(s). It is agroed that, should Landlord subsequently discover any misstatements of fact in the Resident(s)’ application, any such misstatements shall be decmed a material and incurable breach of this Lease and shall entitle Landlord to serve Resident(s) with a three-day notice terminating the tenancy. 31. SMOKING: Resident(s) who smoke, or allow smoking by their occupants, invitees or guests, must ensure the smoke docs nol disturb the quiet enjoyment of other residents. ¥'smoking does disturb other residents, and continues after request from Landlord to cease such notivity, the continuation will constitule a nuisance anid a vielation oF the Lease, Residont(s) acknowledges that secondhand tabarco or marijuana smoke muy seep and drifthrough open doors, windows, and ventilation ducts, which may constitutea disturbance to those residents who do not smoke, particularly thase with health and allergy- related sensitivities, Resident(s) are responsible for the-conduct of occupants, guests ‘or invitees while thoy are on the Property. Landiond, however, does not provide or guarantee a smoke-free environment ang smoking 1s permitted in individual units ard in riost ‘outdoor common areas, except if the Premises are located within a “smoke fee" building or where pronbited by law. As such, nothing herein shall be deemed a guarantee of any kind that Resident{s) will not be exposed to tobacco or marijuana smoke while on the Property and Landlord expressly denies any such assestion, 32, LIQUID-FILLED FURNITURE AND AQUARIUMS: Watetbeds and other liquid filled furnitureare allowed only under the regulations of California Civil Code §1940.5, which requires proper insurance coverage for waterbed, A cestificate of insurance evidencing waterbed coverage must be provided to Landlord prior to Resident(s) bringingany liguid-filled furniture into the Premises. Resideni(s) niust provide Landiord wilh at least 24-hours written notice prior (o the installation, removal ar movement of any liquid filled funiture and Landlord fas the right to be present at the Lime of such installelion, removal or movement. Installation movement and removal must be done in accordance with standards set by the manufacturer, retailer or state lave, whichever provides the higher degree of safety, No aquariums over 10 gallons permitted wilhout prior avritten consent of Management. If Resident(s) install any liquic-filled furniture, the Security Deposit shall be incrensed by $200. 33. PACKAGE RELEASE; Resident(s) give Landlord and its egent’s permission ta sign and accept amy parcels or lntfers that may be sent fo Resident(s), whether anticipated or nanlicipated, through UPS, Federal Express, Airboms, United States Postal Sorvice, hand deliveries, or the like. Landlord does nol accept any responsibility or Hability for any lost, damaged, or unordered deliveries and Resident(s}agrec to hold Landlord and Lendlord’s ngonss hanniless from mny loss or damage to any of Resident(s)* packages. Nothing heroin, howeves, obligetes Landiord to necept any packages an behalf of Resident(s) and {.andiord may choose not to do s0. 34. SUBORDINATION: This Lease and all rights of Resident(s) arising hereunder are expressly agreed to be subject and subordinate in all respeats to the Hien oF any present or Fature mortgages which are or may be placed upon the property of Landlord or assigns of Landlord and to all other rights acquired by the holder of any such morigage(s). As used herein, the term "mortgage" shall include deeds of trust or any similar security interest 35, SUCCESSORS IN INTEREST: If the property is sold or the ovaiership interest otherwise transferred, the successor in interest of Landiord shall be deemed the assignee of ail rights arising hereunder, and shall be entitled to enfarce the provisions of this Lease as against Resident(s). Nothing in this provision shall be construed as conflicting or superseding the foregoing subordination or es requiring a continuation of the tenancy in the event of a foroclosuve or other involuntary transfer oF ownership. 36. MEGAN'S LAW DATABASE: Notice: Pursuant to Section 290-46 of the Penal Code, inforniation-sbout specified registered sex offenders is made available to the public via an Internet Web sile maintained by the Department of Justice at www.mepanslaw.ca.gov, Depending on an offender's criminal history, this infannation will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. Since the information is equally available ta Resident(s) and Landlord, and Landlord comnot discriminate against Registrants pursuant to Penal Code Section 290.46 et seq., Landlord has not made any inquiry of any applicant or resident as to whether he or she is 2 Registrant. Resident(s) are advised to take whatever reasonable end tawvfat actions Resident(s) believe necessary to protect household members or ‘guesis against any potential harm, This includes talking to ny chitdren or individuals with a diminished capacity about how to deal witht strangers and similar topics. Resident(s) ‘gre advised that Landlord may not notify Resideni(s) if Landlord fearns or is advised that a Registrant is living in the Conununity. The existence of rogistered offenders in the ‘Community is nat grounds for breaking this Leas 37. RESIDENT SAPETY AND PROPERTY LOSS. Resident(s) and all occupants and guests must exercise duc care for Resideni(s)’ own and others* safety and security, especially in the use of smoke detectors/smoke alerms/carbon monoxide alarms, Jead holt locks, keyless bolting devices, window latches, and other security devices. Smoke and Carbon Monoxide Alarms. Agont will fumish smoke and/or carbon monoxide alas (collectively referred 10 as“‘alanns”) if required by statule, and will test them and provide working battries when Resident(s) fist take possession of the Premises. ARer that, Res{dent(s) must pay for and replace betteries os needed, unless the law provides olherwise Agent may replace dead or missing batteries without prior notice to Resident(s). Resident(s) must: (a) keep. tes and mainiain all alarms in good repair, (b) iromediately notify Agent in writing if the batteries of any alarms need to be repfaced, (c) immediately notify Agent in writing if any alarms ere s