Declaration CCP 585Cal. Super. - 6th Dist.November 6, 2020[ | ll : CA Ha 1 i Alexander V. Hettena, Esq.; SBN: 270269 “THE HETTENA LAW FIRM, LC 2 |} 31348 Via Colinas #106 Westlake Village, CA 91362 | 3 |} Telephone: (818) 735-9570 ‘ i _Facsimile: (818) 322-4709 . | 4 |} talex@thehettenalawfirm.com ‘ | 5, | Attorney for Plaintiff, ‘ i | APIP 2007 LLC 6 ||| | , Our File Number: 14003650 | 7 Hh : \ t | 8 ii SUPERIOR COURT OF THE STATE OF CALIFORNIA | 9 |I FOR THE COUNTY OF SANTA CLARA i |10 |} | | 1 ‘ APIP 2007 LLC Case No.: 20CV373169 | | 12 | Plaintiff DECLARATION RE: UNDERLYING . 13 ACTION FILED IN SUPPORT OF vs REQUEST TO ENTER DEFAULT AND (iy DEFAULT JUDGMENT PURSUANT TO 15 CODE OF CIVIL PROCEDURE, §585 (d) |Diana V Solatan, an individual; Does 1 ' | 16 || ‘through 20, inclusive ; | 17 | Defendants. agit Ce 19 DECLARATION OF PLAINTIFF : , 20 | 21 I, Amanda Youndoload, declare and state as follows: : 22 33 1. Lama custodian of records for Plaintiff, APIP 2007 LLC ("APIP"). If called upon to 24 testify, I could competently testify to the following facts as they are personally known | 25 if ; to me. I make this Declaration in support of APIP, ; 26 2. APIP is informed, believes and thereon alleges that at all times mentioned herein, 27 . a : Defendants Diana V Solatan, an individual (hereinafter referred to as “SOLATAN”) and Myesha_ |: ‘ 28 . . . SOLATAN is or was a resident in the state of California, County of Santa Clara. "DECLARATION OF PLAINTIEF IN SUPPORT OF JUDGMENT PURSUANT To GODE OF GIVIL FROGEDURE GaN Electronically Filed by Superior Court of CA, County of Santa Clara, on 1/21/2022 3:04 PM Reviewed By: S. Uy Case #20CV373169 Envelope: 8112969 20CV373169 Santa Clara - Civil S. Uy : oot |} || | i] 3. On or about June 15, 2017, Diana V Solatan, an individual; DOES 1 through 20 2 (“Defendants”) entered into a California Residential Lease Agreement ("Lease Agreement") with | _ | 3 APIP 2007 LLC (“Plaintiff”) whereby Plaintiff would provide Apartment #0005 to Defendants | . : for rent. Per the Lease Agreement, Defendants would rent Apartment #0005 from 06/1 5/2017 to . | : | 06/10/2018 and for which Defendants promised to pay Plaintiff. Per the resident invoice, 7 || Defendants owe Plaintiff $5,285.71 for rent and unpaid charges, together with prejudgment | 8 || interest at 10% annum from the default date of June 10, 2018. Attached hereto, and incorporated | ? || by reference herein as Exhibit “A” is the true and correct copies of the California Residential | 10 Lease Agreement (Lease Agreement). | j i 12 4. As the custodian of records for APIP, I am readily familiar with APIP’s invoices and | 13 |}, am qualified to identify the attached invoices as one of APIP’s business records, routinely used 3 14 || 38 confirming the cost of rental units and charges provided by APIP. Said invoices were made by | 15 | an individual at APIP’s office with knowledge of, or made from information transmitted bya | 16 ! person with knowledge of the information appearing in the document. The invoices were made at | 7 | or near the time the information contained on it is agreed to, and it is regular practice of APIP to ! 18 ‘ make these documents. Lastly, the invoices are kept in the course of regularly conducted | 19 " business activity of APIP. | 20 5. Within four years preceding the commencement of this action, at the special instance ; aI and request of SOLATAN, APIP provided Unit #0005 to SOLATAN for rent from 06/15/2017- ! 22 || 96/10/2018 in return for a promise to pay. APIP has made demand upon SOLATAN for the total | 23 || amount due and owing of $5,285.71; however, SOLATAN has failed and refused to pay as | ! 24 || according to proof at trial. Attached hereto, and incorporated by reference herein as Exhibit “B” | 95 || #8 the true and correct copies of the final account statement reflecting an outstanding balance in | 96 || the sum of $5,285.71 that SOLATAN owes APIP. To date, no payments have been received by || 97 || SOLATTAN for this outstanding balance. : : | . | 38 , po : | : | . Pe | ty 6. As the custodian of records for APIP, I am readily familiar with APIP’s statement of 2 account and am qualified to identify the attached final account statement as one of APIP’s ! ; _ business records, routinely used as confirming the cost of certain rental units provided by APIP. | | ‘ | Said final account statement was made by an individual at APIP’s office with knowledge of, or | ; | made from information transmitted by a person with knowledge of the information appearing in , | 6 ; the document. The final account statement was made at or near the time the information ; | , y contained on it is agreed to, and it is regular practice of APIP to make these documents. Lastly, | 38 the statement of account is kept in the course of regularly conducted business activity of APIP. . | ° 7. SOLATAN has failed and refused to pay to APIP herein the money owed for rental | 10 payments and services provided by APIP for the benefit of SOLATAN, and at SOLATAN’s sole | . request, although demand for payment has been made, there is now due, owing and unpaid from | 3 SOLATAN, to APIP the sum of $5,285.71. . | 14 8. In light of the facts and based upon my knowledge and experience as a custodian of | is {k records, the amount of $5,285.71 is due, owing, and unpaid from SOLATAN. . Lo : I declare under penalty of perjury under the laws of the State of California that the " | '6 foregoing is true and correct, and if called as a witness, I could competently testify tothe matters | ! 7 stated herein. . | 8 Executed this _\\ day of Mayen 20. 2\ ,at | 9 Palo AD , State of Ca\ ovina . , _ 20 Iii . | | 22 | . eclarant | | 23 El oe | 25 . . | 26 27 | : | | | 28 | | | | : "DECLARATION OF PLAINTIF IN SUPPORT OF JUDGMENT PURSUANT TO CODE OF GIVIL PROCEDURE g=8S . 1, od L At | 7 ot | . l : o | . . i. | ’ | . / [ ; po , | | i | | : ; i | ; | . . . | | . : | i | EXHIBIT “A” | | IBIT "A" t t t 1 . I l ' CALIFORNIA RENTAL AGREEMENT This Residential Lease Agreement (“Agreement” or “Lease”)}, entered into between Parker Palo Alto, (hereinafter referred to as "Management") and the following individuals, jointly and severally Diana Solatan (hereinafter collectively referred to as i “Resident(s}”}. Both parties agree to enter into this lease transaction by electronic means, although traditlonal hard copies with wet | signatures may also be used. Resident{s) agrees and acknowledges that entering into this lease transaction with Management by | electronic means is not conditioned on Resident(s)}'s agreement to conduct the leasing transaction electronically. I ;. } | TERM, RENT, FEES, DEPOSITS AND CONDITION OF PREMISES | 1. heacbs Premises: Management rents to Resident(s), Apartment Number #0005, located at 2570 West Bayshore Rd #5 Palo Alto ! {cA 94303-3770, California (hereinafter “Premises”) in the apartment community commonly referred to as Parker Palo Alto, ' | {hereinafter referred to as “the Apartment Community” or the “Complex"), pursuant to the terms and conditions set forth herein : i and in all addenda hereto. | 2, Original Term: it is agreed that this Lease shall commence on 06/28/2013 ("Commencement Date”) and will expire on | 06/27/2014, uniess sooner terminated:as provided in this Agreement or as allowed by applicable law. '. Thereafter, it is mutually agreed that tenancy shal] be on a month-to-month basis, and the rent per month will be the same as \ i the last month of the term of the Rental Agreement, unless Management has given a 30-day written notice of change in terms ‘ I of this agreement, or other notice allowed by law. | 3. Deldy of Possessian: Resident(s) understands that, for reasons beyond the control of Management, possession of the Premises : may cot be able to be delivered by Management on the Commencement Date (for example, if a former resident of the Premises * . | who has given notice to leave cancels the notice or fails to leave by the scheduled date). if, for any reason, Management is | unable to deliver the Premises by the commencement date, Resident(s)’s remedy shall be limited to either the (a} termination of | this Agreement and Resident(s) shall be entitled to a prompt refund of any monies paid or (b) an equitable abatement of rental i for the days which Resident(s) was delayed in gaining possession of the Premises. Management shall have no other fiability to Resident(s) in the event of a delay of possession. 4. Rent: Resident(s) agrees to pay each month to Management the sum of $ 2737.00 as rent for the Premises. Rent must be paid ‘ by check or money order, (but not in cash), in advance, on or before the first day of each month. Management at Its option may ! elect in the future to accept credit card or other forms of electronic payments, but is not required to accept such forms of payment. There Is no grace period. Rent is due for days of move-in and move-out, It ls Resident(s)’s responsibility to ensure the | timely payment of rent. Use of Management's rental payment drop box is for Resident(s}’s convenience; the risk of receipt of | funds by Management when such drop box is used is Resident’s, not Management's. Resident(s) further agrees that they are : jointly and severally lable for ail rent incurred during the term of this Agreement whether or not in actual possession of the ; | Premises. The name telephone number and address of the entity to whom rent payments shall be made are: ‘ Parker Palo Alto . ‘ | 1094 Tantand Dr : Palo Alto CA 94303-3770 (650) 856-1977 The usual days and hours when rent payments may be made personally are Monday - Sunday 9:00a.m. - 6:00p.m.. | 5. Rent Adjustments: Resident(s) understands that adjustments in rental rates are inevitable. Management reserves the right to | increase or adjust rental rates based on market conditions, operating expenses, financial costs, or any other factor at the sole discretion of Management upon expiration of the term of the Original Term set forth in this Agreement by giving Resident{s) 30 , | days’ written notice, unless a longer notice period is required by applicable law. i a | 6. Utilities and Other Charges: Resident(s) agrees to pay for all utilities, services and charges (including without limitation any utility or service deposits) for the Premises as set forth in the Utllitles Addendum to this Agreement. : 1 7, Late Charge and NSF Charges: RESIDENT(S) AGREES THAT THE ACTUAL COST TO MANAGEMENT WHEN RESIDENT(S} FAIL TO . SUBMIT RENT PAYMENTS TIMELY, OR WHEN THE BANK DISHONORS A RENT CHECK, 1S DIFFICULT OR IMPOSSIBLE TO ASCERTAIN, j BUT THE PARTIES AGREE THAT MANAGEMENT WILL INCUR ADDITIONAL COSTS AS A RESULT OF SUCH OCCURANCES SUCH AS ADDITIONAL BOOKKEEPING AND ADMINISTRATIVE CHARGES, BANK CHARGES, LOST OPPORTUNITY COSTS OF THE LATE PAYMENT, ETC. THEREFORE, AFTER MAKING A REASONABLE ENDEAVOR TO ESTIMATE ACCURATELY THE APPROXIMATE COSTS ' ASSOCIATED WITH SUCH BREACHES OF THIS AGREEMENT. , WHICH BOTH PARTIES AGREE IS DIFFICULT OR IMPOSSIBLE TO ASCERTAIN, THE PARTIES AGREE RESIDENT(S) WILL PAY LATE CHARGES ON ALL RENT NOT PAID BY THE FOURTH (4th) DAY OF THE ‘ | MONTH. LATE CHARGES WILL BE $50.00. IN ADDITION, IF ANY CHECKS PROVIDED BY RESIDENT(S) ARE RETURNED UNPAID BY : | THE BANK FOR ANY REASON, THE PAYMENT NECESSARY TO REPLACE THE DISHONORED CHECK MUST BE IN THE FORM OF ‘ CASHIERS’ CHECK OR MONEY ORDER UNLESS MANAGEMENT AGREES, IN WRITING, TO WAIVE THIS REQUIREMENT. THERE ; WILL BE A FURTHER CHARGE OF $30.00 FOR EACH CHECK. MANAGEMENT'S ACCEPTANCE OF ONE LATE PAYMENT DOES NOT | i) (||| | - _ | | I \ ( . : | ot ! CALIFORNIA RENTAL AGREEMENT WAIVE MANAGEMENT'S RIGHT TO REFUSE SUBSEQUENT LATE PAYMENTS. AFTER TWO DISHONORED CHECKS, ALL SUBSEQUENT AMOUNTS DUE MUST BE PAID BY CASHIER’S CHECK OR MONEY ORDER. THE PARTIES AGREE THAT PAYMENT OF THESE SUMS ! DOES NOT CONSTITUTE A LICENSE TO PAY RENT LATE OR TO PAY BY DISHONORED CHECK. ' 8. Security Deposit: Resident(s) agrees to pay a $ 600.00 security deposit to secure faithful performance of this Agreement, which , | sum shall not exceed the maximum permitted by law. This amount shall be applied and accounted for in accordance with ( California Civil Code Section 1950.5. The deposit may be used to (a} compensate Management for Resident(s)’s default in the : payment of rent, which includes any charges under the Lease that are consfdered part of rent, including, but not Jimited to ‘ ! charges for utilities, per the utility lease addendum Includes utility charges, (b) to repair damages to the premises, exclusive of ' . i ordinary wear and tear, caused by Resident(s) or his/her guest, licensees, visitors or pets, Including but not limited to stains in : hoo | carpet, counter damage, drywall repair, painting, drapes and plumbing system, {c}, clean the premises upon termination of the \ ‘ tenancy up to the level of cleanliness it was In at the inception of the tenancy, reasonable wear and tear excepted, {d) and to ‘ \ remedy future defaults by Resident in any obligation under this Agreement including the obligation to cover the cost to restore, | replace or return personal property or appurtenances, exclusive of ordinary wear and tear. The security deposit fs not intended, ‘ nor shalt it be canstrued, to be applied as rent by Resident(s), and the full monthly rent shail be paid on or before the first day of : the month, including the last month of possession or of the lease term. Unless required by applicable law, Resident(s) shail not | be entitled to interest on such amounts deposited with.Management. In the event that, at the termination of the tenancy, the amount of the Security Deposit is insufficient to cover the cost of repairing damage, cleaning the Premises or any other matter referenced in the preceding sentence, Resident shall be obllgated to reimburse Landlord for the amount of such insufficiency ‘ | within three (3) weeks after receipt of notice from Landlord specifying the amount of the insufficlency and the reason for the charge. (This obligation to reimburse Landlord for the amount of any such insufficiency shall survive termination of the tenancy.) in the event Landlord uses any part of the Security Deposit during the tenancy, Resident shall restore the Security Deposit to its | full amount within 10 days after Landlord’s written notice to Resident of the deduction and Landlord’s demand that the Security 1 Depasit be restored in full. It is understood that the security deposit is applicable to all Residents jointly, and Management does i not account for it until the passing of the permissible statutory period after all Residents have vacated the Premises. Any refund : due may be made payable jointly to all Residents It shall be the responsibility of all Residents to work out between themselves ‘ the manner of dividing said security deposit. If Management chooses to make the refund to any Resident(s) Individually (which ! need not be done until the statutory time has elapsed after all Residents have vacated the Premises}, in legal contemplation the | payment shall be deemed to have been made to all Residents and Management shall have no lability to any one or group of , | Residents for failure of any Resident(s) equitably to divide such refund. Management shail return any unused portion of the . | security deposit within the time frame set by California Civil Code Section 1950.5 no later than 21 calendar days after the tenant | has vacated the Premise, or a successor statute, and In the manner prescribed by this statute. If the security deposit ts later ‘ ' increased by agreement of the parties for any reason (such as the installation of a waterbed or relating to a pet), the additional : security deposit will be disbursed by Management In accordance with this paragraph at the end of the statutory period following . | the end of Resident(s)’ tenancy. Removal of the pet or waterbed, or whatever caused the increase In the deposit, will not be i grounds for early disbursement of the security deposit. . ‘ | 9. Apartment Condition Checklist: Resident(s) acknowledges receipt in duplicate of the “Apartment Condition Checklist.” | Resident(s) agrees to return sald Apartment Condition Checklist to Management within twenty-four (24} hours of occupancy ! : noting requests for cleaning, maintenance, and any deficiencies of an existing nature which are not of a “repairable” nature, but i | are to be recorded as pre-dating this occupancy. Sald Apartment Condition Checklist, when returned to Management, shall be ; signed by the Resident(s) and one copy shall be retained by Management. The Resident(s) shall have one copy countersigned by : ) Management which is to be retained by the Resident(s). If the form is not returned to Management and properly countersigned | within said period, It shall be conclusively presumed that the premises were in good and habitable conditian and repair and clean : at the time the Resident(s} occupied the same. 10. Condition of Premises/Alterations: Residant(s) has inspected the Premises and acknowledges that the same is in good and | habitable order and repair at the time Resident(s) Is given Occupancy except as noted on the Apartment Condition Checklist. | Resident(s) agrees not to make any alteration, improvements, installations, repairs or decorations of any kind whether permitted 1 by law or otherwise to the Premises without written consent by Management. All additions, fixtures and improvements, once ' authorized, shall become Management's property and remain on the Pramises after the termination of this Agreement, unless | Management, as a condition of making such alteration, consents ta the removal of such alteration and requires the Premises be restored to the condition existing prior ta such alteration or addition. Any defective condition on the Premises which comes to / , theiattention of the Resident(s) shal} be reported In writing to the Management within 48 hours. When the defective condition may cause sertous damage to person or property, it shall be reported immediately. Resident(s} agrees to leave the premises as : clean and in as good condition and repair when vacating as it was recelved by Resident(s} at the inception of the tenancy, It being understood that Resident(s) shall not be responsible for reasonable wear and tear (due solely to the passage of time). | PROVISIONS REGARDING OCCUPANCY : Page 2 of 10 Updated 7/27/2012 ! | ' | I 1 j i : 1 | CALIFORNIA RENTAL AGREEMENT . | nt . 11. Occupancy: The Premises shall be occupied only by the following persons: Diana Solatan, Layla Solatan No other persons have permission to occupy the Premises unless such permission is in writing and signed by Management or Its : authorized agent, Unless prohibited by applicable law, Resident(s) shall not sublet all or a portion of the Premises or assign this ‘ Agreement without the prior written consent of Management. Permitting any person not named as an occupant in this | Agreement to occupy the Premises shall be deemed an improper subletting of the Premises and shall subject the Resident(s) to : " termination of tenancy. Any sublet or assignment will not release Resident(s) from liability. Management's acceptance of rent l for" any individual or entity not Identified tn this Lease shall be deemed a payment of rent on behalf of Resident(s) and shall not : . constitute permission for the person making the payment to occupy the Premises, and at all times, sald person shall be deemed ' . lan invitee of the named Resident(s). Generally, the maximum number of occupants in the Premises shall be two persons per : : | ‘bedroom plus one additional occupant. For example, In a two-bedroom apartment, the maximum number of people allowed . : | ' would be five (two people times two bedrooms equals four plus one is five). | 22. Residential Use: The Premises is to be occupied solely as housing accommodations by 2 occupant(s) only, and for no other : | purpose whatsoever. Resident(s) shall not conduct business activities from the Premises, including using the Premises as a . , ousiness address, conducting business activities from the Premises, or otherwise holding the Premises out as a business address. | Nothing set forth in this paragraph shall be deemed as disallowing any use of the Premises that cannot legally be prohibited. | 13. Community Rules: Resident(s) acknowledge that Resident(s) has examined, received, and read the Community Rules and the ‘ same are a part of the terms and conditions of this Agreement and Resident(s)’ tenancy. Any of the Community Rules may be changed on thirty days’ notice and Resident(s) agree to abide by any such modifications. : 14, Conduct of Resident(s): Resident(s) shall not disturb, harass, annoy, endanger or Interfere with other residents of the building or ‘ ‘ neighbors, or to create any nuisance on the grounds where the Premises are located. Resident(s) further agrees not to use the : Premises for any unlawful purposes. Certain acts are considered to be contrary to the safety, well-being, peace and enjoyment of the‘other residents of the Property and are, therefore, prohibited. These include, but are not limited to, the use, possession or ! sale of illegal drugs and controlled substances in the Premises, and the carrying or exhibiting firearms on the Property {except as ' | required by faw or job necessity). Resident(s) shall not violate any law or ordinance, nor commit waste upon or about the | Premises. Resident(s) also agrees not to harass, verbally abuse, denigrate or otherwise disrespect Management’s employees, \ agents and/or contractors, Resident(s) shall keep the Premises in a good state of preservation. Resident(s) agree nat to deface | or damage any part of the Premises or the Apartment Community or permit the same to be done or keep in the Premises any , + flammable or explosive materials or any substance considered dangerous, hazardous or toxic under any governmental law or | regulation. . : | 1S. Smoking: For cammunities where smoking is permitted, if Resident(s) smokes, or permits smoking in-the Premises by invitees or ‘ | guests, Resident(s) must ensure the smoke does not disturb the quiet enjoyment of the other residents of the Complex. f Management does not provide or guarantee a smoke-free environment. Resident(s) is required to become aware of and comply with all laws, ordinances and regulations pertaining to smoking on the Premises. Management reserves the right to change its . ; policies with respect to smoking in the Premises or anywhere in the Apartment Community on thirty {30) days’ written notice. . | 16. Proposition 65 Warning: The Premises as well as the common ares In and around the Apartment Community contain at least , ! * ne of the following chemical(s} known to the State of California to cause cancer cr reproductive toxicity and for which warnings : i are now required. These chemicals include, but are not limited to: tobacco, smoke, lead and lead components, asbestos, carbon ' | monoxide and gasoline components. More information on specified exposures |s available at www.prop6Sapt.org. California . : Health & Safety Code Section 25249 I | 17. Pets: Resident(s) agrees not to keep any pet in the premises without written permission of Management, and only after paying ' to Management an addition to the security deposit as required and after complying with any pet policies in effect at that time, which may or may not include pet rent. A separate animal agreement may also be required. Management's permission may be i revoked at any time, with or without cause, by-giving ten (10) days’ written notice. Except to the extent written permission is \ given, pets may not be brought upon the Premises, whether such pets belong to Resident(s) or to any other person. The : presence of any pets as to which written permission has not been given and is not currently in force, even if such pets are “just : visiting”, shall be deemed a material and incurable breach of this Lease and shalf be cause for the service of a three-day notice terminating the tenancy. This policy does not apply to accommodation animals. If an animal may be necessary for a disabled individual to use and enjoy the Premises, please contact Management to begin the request process. : | 18. Duty to Clean and Ventilate: Resident(s) hereby acknowledge that mold and mildew can grow in the Premises if the Premises are. not properly maintained and ventilated. As such, Resident(s} agree to ensure appropriate air flow is maintained in the | Premises, including the utilization of bathroom fans and opening windows and doors/sliding doors as appropriate. Since it is ' common for mold and mildew to grow if even a small amount of moisture bullds up, Resident(s) further agree to clean and | maintain in clean condition toilets, sinks, countertops, showers, bathtubs, appliances, tile and linoleum in the Premises, as well as maintain and clean the areas around Resident(s} assigned carport, assigned storage or garage (if applicable}. Resident(s) agrea to : Od Page 3 of 10 Updated 7/27/2012 ' : { : 1 1 | : | | { i | t I , ' i CALIFORNIA RENTAL AGREEMENT a en notify Management as soon as practicable whenever Resident(s) learn of any conditlon which could lead to a build-up of moisture in Resident(s)’ apartment, including, but not limited to plumbing leaks, broken window or door seals, accumulation of : rainwater or other moisture around windows or doors, broken water lines or sprinklers, Inoperable fans, doors or windows and/or any failure or malfunction in the heating, ventilation or air-conditioning system in the Premises. if Resident(s) notice : mold or mildew growing in the Premises, Resident(s} agree to notify Management, in writing, immediately. Any failure to comply | with the requirements of this paragraph shall he deemed a material breach of this Lease. ' ' 19. Pest Control Service: Resident understands and agrees that Management has contracted with a registered structural pest control : | company to provide pest contral services to the Premises on a periodic basis. Resident agrees to notify Management immediately ! upon ithe discovery of any insect or other pest infestation on the premises. Resident hereby acknowledges that Resident has been : | given'written notice regarding the use of said pesticides on the premises as provided for under Section 8538 of the Business and : | Professions Code and Section 1940.8 of the Cajifornta Civil Code. 20. Bedbugs: Bedbugs are wingless parasites which may lie dormant in cracks, crevices and personal belongings until a host is present, : ‘ Resident(s) have inspected the Premises prior to leasing and acknowledge there fs no visible evidence of the‘ presence or Infestation of ‘ , | Insects or vermin including bedbugs in the Premises. Resident(s) agree to maintain the Premises‘in a manner that prevents the { occurrence of an infestation of insects and vermin including bedbugs. If Resident(s) allow individuals or items carrying bedbugs into ‘ | the apartment, or has repeated infestations that cannot be traced to another source, such will be deemed damage to the unit and | Resident(s) will be responsible for the cost of treatment to their apartment, personal belongings and surrounding units as necessary to eradicate the infestation. . | 24. Safety Concerns: Resident{s) acknowledges that the Premises as well as the building and the Complex in which the Premises is i located are not “secure.” Management makes no representation or warranties that the building or Complex is secure from theft or any other criminal activity perpetrated by any Resitlent(s) or others. The presence of courtesy patrols or security officers, ; | patrol vehicles, access gates, surveillance cameras and other deterrents, to the extent that they may be in the Complex, do not / ‘ guarantee that crime can or will be prevented, and any such measures may be removed at the sole discretion of Management at / \ any time without notice, All such systerns are subject to personne! absenteeism, hurnan error, mechanical malfunctions and ' tampering. Resident(s) are responsible for planning and taking action with respect to the safety of Resident(s) and their property . _ as ifsuch systems and deterrents did not exist. 7 ; | 22. Surveillance Cameras: Management may install surveillance cameras in some of the common areas of the Complex. These cameras may or may not be monitored and the footage recorded by these cameras may or may not be kept by Management for : | any length of time. Management may remove such cameras, or install additional cameras, at any time without notice to : Resident(s) . : 1 33. Background Checks: Management has no obligation to obtain criminal background checks on any Resident and bears no : | responsibility or liability related to the criminal background or actions (whether past, present or future} of any person, even If i { Management has actually run a criminal background check on applicants. Resident shall not rely on the fact that Management . ‘ | may have run a criminal background check on Resident or any other applicant when deciding whether to enter into this - , | agreement. Background checks are limited to the information actually reviewed and are not 3 guarantee that a person with a ’ criminal background does not reside at the premises. Management has not made and does not make any representations as to the’ background of any existing or future resident and Management is under no obligation to run background checks on any : existing resident or future applicant. ‘ | 24, Reporting Criminal Activity: Resident(s) agree to report immediately all suspected or actual criminal activity to the appropriate ‘ | local law enforcement agencies and, after doing so, to Management, and shall provide Management with such law enforcement ‘ : agency's incident report number upon request. : + 25. Megan's Law Database: The following notice Is given pursuant to Civil Code §2079.10a. ; ‘ Notice: The California Department of Justice, sheriff's departments, police departments serving jurisdictions of : \ , 200,000 or more and many other local law enforcement authorities maintain for public access a data base of , ‘ | i the locations of persons required to register pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the ; I | Penal Code. Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders , : ! is made available to the public via an Internet Web site maintained by the Department of Justice at . : WWiW.meganslaw.ca.gav. 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. : Since the information is equally available to residents and Management, and Management cannot discriminate | against registered sex offenders pursuant to Penal Code Section 230.46 et seq., Management has not made any | inquiry of any applicant or resident as to whether he or she is a registered sex offender. Resident(s) are advised to take whatever reasonable and lawful actions Resident(s) believe necessary to protect household members or guests ! ' . | Page 4 of 10 . Updated 7/27/2012 ' . 4 \ t | CALIFORNIA RENTAL AGREEMENT against any potential harm. This Includes talking to any children or individuals with a diminished capacity about how to deal with strangers and similar topics. Resident(s) are advised that Management may not notify Resident(s) if ‘ Management learns or is advised that a registered sex offender is living in the Apartment Community. The existence \ of registered sex offenders in the Apartment Community is not grounds for breaking this Agreement. 26. Package Release: Resident(s) gives Management and its agents permission to sign and accept any parcels or letters that may be ‘ : sent to Resident(s), whether anticipated or unanticipated, through UPS, Federal Express, Airborne, United States Postal Service, ' hand deliveries, or the like. Management does not accept any responsibility or liability for any Jost, damaged, or unordered ‘ ‘ deliveries and Resident(s) agree to hold Management and Management's agents harmless from any loss or damage to any of ; | (Resident(s)’ packages. Nothing herein, however, obligates Management to accept any packages on behalf of Resident and [Management may choose not to do so. : : : | 27. Liquid-Filled Furniture and Aquariums: Waterbeds and other liquid-filled furniture are allowed only under the regulations of , | ‘California Civil Code Section 1940.5, which requires proper insurance coverage for waterbeds. A certificate of insurance i evidencing waterbed coverage must be provided to Management prior to Resident bringing any liquid-filled. furniture into the : ' ‘Preshises. Resident must provide Management with at least 24-hours written notice prior to the Installation, removal or . | movement of any liquid-filled furniture and Management has the right to be present at the time of such installation, removal or i movement. Installation, movement and removal must be done in accordance with standards set by the manufacturer, retailer or , | , State law, whichever provides the higher degree of safety. No aquariums over 10 gallons permitted without prior written ‘ consent of Management. If Resident installs any liquid-filled furniture, the Security Deposit shall be increased by one-half of one : month's rent, but in no event shall this amount exceed the maximum amount altawed by law when added to ail other deposits required by Management. 28, Access To Premises: Management will have the right to enter the Premises as allowed by faw including entry (a) for an { emergency, (b) to make necessary or agreed repairs, decorations, alterations or improvements to the Premlses, an adjacent unit , or for the benefit of the Apartment Community of which the Premises are a part, (c) to supply necessary or agreed services, (d) to : test smoke detectors or carbon-monoxide detectors, {e) to exhibit the dwelling unit to prospective or actual purchasers, | mortgages, residents, workmen or contractors, (f) for any other purpose permitted by California Civil Code Section 1954, (g) to i make an inspection pursuant to subdivision (f} of Section 1950.5, when the resident has abandoned or surrendered the premises , and (h} pursuant to court order. Management will provide Resident(s) with reasonable written notice before entry unless entry is : due to an emergency, surrender or abandanment of the unit, or when the Resident(s) and Management agree orally to an entry : , to make agreed repairs or supply agreed services at an approximate day and time within one week of the oral agreement, or . | when Resident(s) is present and consents to entry at the time of entry. The parties hereby agree that twenty-four (24) hours’ \ | notice is presumed reasonable, although both acknowledge that a shorter time period may also be reasonable under the | circumstances. Resident(s) agrees that, should Resident(s} deny access to Management, such denial shall be a material and \ incurable breach of this Agreement and shall entitle Management to serve Residents} with a three-day notice terminating the | tenancy, : \ | 29. Damage to Premises: If the Premises are damaged by fire, flood or other casualty, necessitating repairs that. require Resident(s) ‘ i to vacate the Premises for any length of time, in the sole and absolute discretion of Management, Management shall have the / ' option either (1) to repair the damage or otherwise restore the Premises, with this Agreement continuing in full force and effect, | or (2) give notice to Resident(s),.at ‘any time after such damage occurs or repairs become necessary, termlnating this Agreement 1 as of a date to be specified In such notice. If Management elects to terminate, this Agreement shall expire and all interest of the ‘ ‘ ', Resident(s) in the Premises shalt terminate and Management shall have no obligation to pay lodging costs to Resident(s} after the | termination date. Management shall not be required to repair any damage by fire or ather cause or to make any repairs of any ' + property installed in the Premises by Resident(s). {f Management elects to repair the damage and/or make the significant repairs and continue this Agreement in full force and effect and the “Duty to Cooperate,” “Significant Repairs,” and “Alternate ' : | Accammadations” provisions of this Lease shall apply. : | 30. Duty to Coaperate: Failure to vacate the Premises or otherwise cooperate with Management's efforts to conduct repairs, | eradicate termites, bedbugs or other vermin, complete renovations or other improvements at the Property is 3 materlal breach . | of this Lease and grounds for termination of this Agreement. 31. Significant Repairs: If the Premises requires significant renovation’, improvements or repairs (such as, by way of example only t and not by way of any limitation, tenting for termites, treating for pests or other vermin, replacing plumbing or electrical wiring, | etc.) jwhich require Resident(s} to vacate the Premises for any length of time, Resident(s) must vacate the Premises as needed and otherwise cooperate with Management in its efforts to perform the work. Management shall give Resident(s) at least ten days written notice of the need to vacate the Premises which notice shall include Management’s best estimation of the length of | time Management anticipates Resident(s} will need to be absent from the Premises. bo | ; Page 5 of 10 Updated 7/27/2012 | | \ | | | t i . CALIFORNIA RENTAL AGREEMENT . aa 32. Alternate Accommodations: Resident(s} agrees to vacate the Premises for the time necessary for the work to be completed and, if Resident(s) need to be absent from the Premises for more than eight (8) contiguous hours in any twenty-four (24) hour period, ‘ relocate to alternative housing of the Management’s choosing. Management shall be responsible ta pay for the alternative housing; however, Resident(s) will remain responsible for all rent while Management is paying for alternative accommodations. lf : ‘ Resident{s) elect to relocate temporarily to lodging other than that designated by Management, then Management shall have no- ; | obligation to pay the cost of such housing, which shall be at Resident(s)’ sole cost and expense; although Resident(s) shall have : | no Obligation to pay rent during the time the Premises Is not available to Resident(s) during the repairs if Management Is not . ! ; paying for the alternative lodging. ; t aal Compliance with Applicable Laws: Violation by Resident(s) of any applicable ordinance or statute shall be deemed sufficient ! : i | cause for termination of tenancy. Resldent(s) agrees to reimburse and indemnify Management for all fines or ather penalties / | incurred by Management as a result of the violation of any statute, ordinance, regulation or other governmental restriction by I: Resident(s) Or guests or invitees of Resident(s). ; | 34! Roofs: Resident(s) hereby acknowledges that any flat roofs, or portions of roof area, adjacent ta the rented Premises are not : \ i designed and should not be used for walking upon nor to have any objects of any kind placed upon them at any time, and that . Resident{s) understands that any damage resulting from the violation of this requirement including, but not limited to water . : ! leaks through, or damage to the roof, will be the sole responsibility of the Resident(s), Damages will be repaired by : ‘ | Management. Resident(s), in accordance with this Agreement, will be held responsible for, and will promptly pay for the cost of . ! repair. . t : | 3S, Smoke Detectors: Resident(s) acknowledge that a smoke detector has been Installed within the Premises, and the Resident(s) | assumes responsibility for the maintenance of said device upon taking occupancy. This maintenance shall include smoke 1 detectors and fire extinguishers. Resident{s) assumes liability for testing of devices or periodically inspecting pressure gauges, if | any, snd promptly reporting any deficiencies to the Management. Upon notification to the Management by the Resident(s), : Management will make the necessary repairs in a reasonable amount of time. | 36. Carbon-Monoxide Detectors: If a carbon-monoxide detectar device has been installed within the Premises, Resident(s) assumes | responsibility for the maintenance of said device upon taking occupancy. Resident(s) assumes liability for testing of devices or ! periodically inspecting pressure gauges, if any, and promptly reporting any deficiencies to the Management. Upon notification to the Management by the Resident(s], Management will make the necessary repairs in a reasonable amount of time. ' 37. Satellite Dishes: {f Resident(s) choose to install an individual satellite dish at the Premises, it must be one meter [approximately ‘ | 3 feet, 3 inches] or less In diameter or a traditional stick type antenna. Resident(s) may not install a satellite dish or antenna in i any common areas, drill holes through walls, roofs, railways or glass; or mount a satellite dish or antenna in a manner that will : cause more than ordinary wear and tear to the Premises. ‘ : a. ; Additional Deposit. Management reserves the right to require Resident(s} to pay an additional security deposit to cover : : potential damage to the Premises and the Apartment Community, If collected, this additional deposit will be returned to , . Resident(s) after Resident(s) vacate the Premises, provided the damage caused by the dish or antenna is anly reasonable ! wear and tear, ‘ : b. ' Assumption of the Risk. Resident(s} assume all risk and responsibility for any injury or property damage caused by the : ' " installation, operation or removal of the dish or antenna, including any caused by a failure to securely attach the dish to . \ the Premises. : | c. - Renter’s Insurance. Because satellite dishes are susceptible to wind or being knocked over by occupants in the Apartment . ' Community, Resident(s) must have renter’s insurance that covers any and all losses from the installation, operation and ’ removal of the dish. Resident(s) must provide Management with evidence of such coverage. (38. Water Features: The undersigned acknowledges and understands that a large artificial landscaping waterway and lake fs, or may ' f be, constructed and maintained throughout this Complex. The undersigned recognizes the presence of this hazard for residents household members and guests and the necessity for proper and adequate supervision by the Resident(s) of all such persons in | the area of this lake or waterway. loo ‘(INSURANCE ~ LIABILITY . . ‘ | . | 39. Liability: Management will not be liable for any damage or losses to person or property caused by other residents or persons, theft; burglary, assault, vandalism, or other crimes, anywhere on the property including the parking areas or garages. ! Management shall not be liable for personal injury or damage to or loss of Resident{s) personal property (furniture, jewelry, ; clothing, automobiles etc.) from fire, flood, water leaks, rain, hail, ice, snow, explosions, interruption of utilities, earthquake or ene ee of Rod unless same is due to sole gross negligence or willful misconduct of Management. Resident{s) agrees to Management as ne thos react ogeinst all of the aforementioned. Resident(s) personal property is not insured by ! i . gl is Agreement, the term Management includes any and alt owners of recard and property Page 6 of 10 Updated 7/27/2012 ( | | | ' . | 1 | CALIFORNIA RENTAL AGREEMENT cn e managers of the Premises and the apartment community of which the Premises are a part, and each and every partner, associate, officer, director, manager, member, employees and/or agents of each. ; 40, Destruction Of Premises: It is agreed that Management at its sole option may terminate this Agreement immediately where and i when a destruction of the premises, bullding or Complex has occurred and the repair or restoration of said premises, building or ! Complex cannot be reasonably completed within 7 days after It is commenced, or where the loss is not covered by the | Management's fire and extended Insurance policy then in effect; or if the premises, building or Complex are taken under the : | power of eminent domain or transferred in lieu thereof, : . \ 4L Water Damage: Management shall not be liable for any damage occasioned by water being upon or coming through the room or | {opehing of any nature In the building of which the premises where such damage could have been prevented by Resident(s) (such | as water damage caused by rain coming in an open window). In the event of such penetration of water, Resident(s) shall 1 : promptly notify Management. Resident(s) shall use reasonable care to cause all windows and other Openings in the premises to | Ibe closed in the event of rain. : : | 4alinterruption of Utilities: Management will not be responsible for damages to any person for any interruption or reduction in jutilifies, cable, internet, wi-fi, and telephone services, Resident(s) agrees to comply with any energy conservation programs | implemented by Management or applicable law, : | 43-Limit of Liability/Indemnity/Hold Harmless: Resident(s)'s use of parking facilities, swimming pool, fitness equipment, laundry \ rooms, or other amenities shall be at the Resident(s)’s own risk and without liability to Management. Resident(s) assumes all risk 7 of harm resulting from the use of these amenities and facilities and waives all claims against Management arising from or relating ; to the use of said facilities or the participation in such activities and programs by Resident(s) and his or her guests. Further, this 1 Agreement is made on the express condition that Management Is to be free from all liability or loss caused by Resident(s), or I Resident(s}'s guests’, agents’ or invitees’, improper, negligent or Intentional acts or omissions, including but not limited to liability or loss arising out of injury to person or property, while In or on, or in any way connected with the Pramises, building, grounds or ‘ facilities elsewhere in the Complex, or with the improvements or personal property therein or thereon, including any liability for \ injuty to the person or property of Resident(s) or Resident(s} guests’, agents’ or invitees’. Resident(s) hereby covenants and agrees to Indemnify, hald harmless, and defend Management against all claims, losses or liabilities for injury or death to persons ' or agents or for damage to or loss of use of any property arising out of any occurrence in, on or about the premises, building, . grounds or facilities located within the Complex, if caused or contributed to by Resident(s) or Resident(s} agents or invitees, ' | unless such claim, loss or liability is solely as a result af Management's gross negligence or willful misconduct. Resident(s) shall ! further indemnify, defend and hold harmless Management from and against any and all claims arising from any breach or default | in the performance of any obligation on Resident(s} part to be performed under the terms of this Agreement. The provisions of : this paragraph shall survive termination of this Agreement with respect to any damage, injury, death, breach or default occurring ; prior ta such termination. Ail of said damages and costs shall be immediately paid from Resident(s) to Management. Resident . ' shall provide copies of insurance policy for renters and automabile coverage promptly upon incident of loss. , ' | ‘44, Impact on Management's Insurance: Resident(s) shall not cause, suffer nor permit any act to be committed which will increase / : the existing rate of Insurance upon the building in which the premises are located or violate any provision of or cause the ‘ cancellation of any Insurance policy covering said building and shall not keep any articles on the premises which may be ' prohibited to be kept by this Agreement, local government codes or any provisions of the Insurance policy then in effact. 45. Renter’s Insurance: Resident agrees to maintain at Resident's sole expense, a standard type of Tenant's or Renter's insurance ‘ policy, or its equivalent, which provides limits of liability of at least $100,000 for personal liability and insures against risks which ' Include, without limitation, Water, Fire, Smake, Explosion and Pet Liability, if a pet resides in the unit. Such Insurance shall be / issued by a California-ticensed insurance company of Resident's selection so Jong as such insurer possesses 3 Best's Insurance ; Report rating of “8” or higher. All Residents residing in the unit must be covered by Insurance whether famlly members, ; roommates of other shared arrangement. ‘ if Resident falls to procure or maintain the required insurance coverage or fails to deliver to Management any declarations/certificates or policles required herein then, in addition to Management's other remedies under this Lease, | Management shall have the right (but not the obligation) to procure and maintain such required insurance coverage, and i Resident shall pay to Management all costs incurred by Management in connection with procuring and/or maintaining such | coverage within ten (10) days following receipt by Resident of Management's invoice for such payment. Resident consents to the | disclosure of its personal information, including name and email address(es) for this purpose. In no event shall Management havetany liability to Resident as a result of Management failing to procure and/or maintain any such required insurance. Such costs for insurance will be added to the Resident's monthly rental payment. i, No insurance policy required to be carried by Resident shall be subject to cancellation or modification. except upon ten (10) days Prior written notice from the insurance carrier to Management. Within three (3) days following written notice from | ., . : Page 7 of 10 Updated 7/27/2012 1 i + f | [ by oe | CALIFORNIA RENTAL AGREEMENT > Management, Resident shall provide Management with a certified copy of any insurance policy or policies required under this Lease. | All of Resident's liability insurance shall be primary, and any liability insurance carried by Management, shall be strictly excess, I secondary, and noncontributing with any insurance carried by Resident. Resident shall be solely responsible for the payment of all premiums for its insurance policies and no additional insured shall have any obligation to pay such premlums. ‘ EQUAL OPPORTUNITY HOUSING PROVIDER . 46, Non-Discrimination: There shall be no discrimination against ar segregation of, any persons on account of race, creed, religion, } sex, Sexual orientation, marital status, family status (minor children or no minor children), national origin, ancestry, disability or any other protected classification under state or federal law, in the sale, lease, sublease, transfer, use, occupancy, tenure or 1 enjoyment of the Premises, nor shall the Management or any person clalming under or through Management, establish ar permit ‘ ‘ | any such practice or practices of discrimination or segregation with reference ta the selection, location, number, use or occupancy 1 of residents, lessees, subtenants, sub-lessees or vendees of the Premises. { ' 42, Reasbnable Accommodations: A disabled person, for all purposes under this Lease, shall be provided reasonable | accommodations to the extent necessary to provide the disabled person with an opportunity to use and accupy the Premises in a i manner equal to that of a non-disabled person. If Residents) has a disabllity and as a result of this disability needs 3 change in the rulesior policies, repair to the apartment or common area, or communication that would give an equal opportunity to use the : premises, Resident(s) may request a reasonable accommodation or modification by contacting Management. | NOTICES, . é | 48. Service of Natices on Resident(s}; Any natice which Management provides to Resident(s) shall be deemed properly served if | served in the manner prescribed in California Code of Civil Procedure Section 1162. Except as prohibited by law, if Management 1 fails to serve the notice in accordance with the provisions of Code of Civil Procedure Section 1162, but Resident(s) actually receives the notice, the actual receipt shall be deemed to cure any defects in the manner of service and the notice shall be deemed | properly and personally served. Service upon any of the Residents of the Premises shall be deemed valid service upon all i * Residents -it is not necessary to individually serve each Resident unless otherwise required by law. ‘49, Authorized Agent: Management employs fram time to time management agents who are authorized to act for and on behalf of | , Management for the purposes of service of process and for the purpose of receiving legal notice and demands. Resident(s) agrees i to recognize and deal through these agents only. Pursuant to California Civil Code Section 1962, the Property Manager at Parker i Palo Alto 1094 Tanland Or Palo Alto CA, 94303-3770 is authorized to manage the Premises on behalf of the Premises’ owner, and | is authorized to act on behalf of the owner for the purpase of recelving service of process and receiving notices and demands. ‘ |’ Resident(s) agrees to recognize and deal through these agents only, . I50, Credit Reporting: Resident is notified that Resident's Performance as a resident of this property may be reported to credit | reporting agencies. 'S1. RESIDENT(S} AGREES TO DELIVER TO MANAGEMENT WRITTEN NOTICE OF INTENTION TO VACATE AT LEAST THIRTY (30) DAYS . | PRIOR TO THE EXPIRATION OF THE TERM OF THE LEASE OR THIRTY (30) DAYS PRIOR TO TERMINATION OF ANY MONTH-TO- | MONTH TENANCY. RESIDENT'S OBLIGATIONS UNDER THE LEASE (INCLUDING THE OBLIGATION TO PAY RENT) WILL CONTINUE ! UNTIL 30 DAYS AFTER THE LATER OF {1] THE DATE NOTICE IS GIVEN BY RESIDENT OR LANDLORD OR (2} THE EXPIRATION DATE SPECIFIED IN PARAGRAPH 1, UNLESS THE TENANCY IS OTHERWISE TERMINATED IN ACCORDANCE WITH APPLICABLE LAW. DEFAULTS/REMEDIES/TERMINATION OF TENANCY 52. Misstatements on Application: Resident(s) representations made in the rental application to rent the Premises were relied upon \ by Management and shall be considered inducement of Management to execute this Agreement. It is agreed between | Management and Resident({s) that should Management subsequently discover any misrepresentations In the application, such , Misstatements shall be considered a non-curable breach and cause to terminate this Agreement. Each and every term, covenant _ . and agreement herein contained shall be deemed a condition to Resident(s) right to lease and occupy the premises, Management . wouldjnot have entered into this Agreement except upon reliance that Resident(s) shall fully perform each and every condition. . 53. Events of Default: Resident(s) shall be guilty of materla! breach of this Lease if Resident(s): (a) fail to pay any rent or other sums . ! payable under this Lease on the date it becomes due; (b} default in the performance of or breach any other provision, term, covenant Or condition of this Lease; {c) vacate or abandon the Premises before expiration of the full term of this Lease, or any 7 extension of the term; (d) permit the leasehold Interest of Resident to be levied upon or attached by process of law; or (e) make | an assignment for the benefit of creditors, Noa Transfer: if Resident(s) is or becomes a member of the Armed Forces on extended active duty, a member of the State ationa Guard serving on full-time duty, ora civil service technician with a National Guard unit, and receives change-of-duty orders to | Page 8 of 10 Updated 7/27/2012 [ | 1 1 , . l | CALIFORNIA RENTAL AGREEMENT eee depart from the local area for longer than ninety (90) days, or are relieved from such duty, Resident(s) may terminate this Lease by giving thirty (30) days prior written notice to Management, provided you are not otherwise in default. As a condition to such i termination, Resident(s) will furnish Management with a certified copy of the official orders which warrant termination of this Lease. . Military orders autharizing base housing In the local area in which the Premises is located do not constitute change-of-duty : hereunder. | MISCELLANEOUS I ‘ 1 54, Entire Agreement: Each of the parties hereto acknowledges receipt of an executed duplicate copy of this Agreement. This ! Agreement, together with any and all Addenda (including the Community Rules), attached Disclosures, and Exhibits contain all rs fepresentatlons, warrantles and covenants made by Resident(s) and Management and constitute the entire understanding : between the parties with respect to the subject matter hereof, and the parties hereto agree that there are no verbal agreements ! between the parties which are net included in this Agreement. Any prior correspondence, memoranda or agreements, either , ' verbal or in writing, are replaced in total by this Agreement together with the Addenda, Disclosures and Exhibits. This Agreement : ' shall not be altered or modified unless such alteration or modification is in writing and executed by all signatories hereto. : | t / 1 SS, hoint and Several Liability and Authority: All persons signing this Agreement as Resident(s) shall remain jointly and severally liable ‘for all obligations arising under it, whether or not they remain in actual possession of the Premises. The giving by any individual ‘ Resident of a notice of termination of tenancy shal} not terminate the Lease as to that Resident unless all Residents vacate the . 4 Prernjses by the agreed date. Management may, however, treat any such notice as a notice binding against all Resident(s) of the | Rremises, and may Institute unlawful detainer proceedings against all Resident(s} if they do not restore possession of the Premises . \ to Management on or before the end of the natice period. Conversely, Management may, at its sole option, if one or more i Resident(s) give notice but all Residents do not return possession of the Premises to Management within the notice period, ‘ continue the tenancy in effect and, if Management does so, all Resident(s), including the Resident(s) giving notice, shall remain i fully liable for ail obligations arising hereunder whether or not they remaln In occupancy of the Premises. i age 56. Time Is Of The Essence: In all instances, time shall be deemed to be of the essence in the performance of any obligations under | this Agreement. | 57. Waiver: Management's failure on any occasion to require strict compliance with any provision of this Agreement or to exercise any rights arising hereunder shall not be deemed a walver of Management's right to subsequently enforce any such provision or to i insist upon any such right. The fact that Management may have accepted late payment(s) on one or more occasions shall not be \ deemed a waiver of Management's right to insist upon timely payment of rent nor to exercise any remedy available for late | payment of rent. Acceptance of rent following 3 breach of this Agreement shall not be deemed to constitute a walver of such breach. No custom or practice which may develop between the parties in the course of the tenancy shall be construed to waive the right of Management to enforce any provision of this Agreement. | 58. No Class or Representative Actions: Any claims arising out of this Agreement must be brought In the party's individual capacity, - * and not as a plaintiff or class member in any Purported class or representative proceeding. . ; 59. Subordination: This Agreement and all rights of Resident(s} arising hereunder are expressly agreed to be subject and subordinate . ' in all fespects to the lien.of any present or future mortgages which are or may be placed upon the property of Management or i assigns of Management and to all other rights acquired by the holder of any such mortgage(s}. As used herein, the term ! “mortgage” shall include deeds of trust or any similar security interest. | 60. Successors In Interest: If the property is sold or the ownership Interest otherwise transferred, the successor in interest of 1 Management shall be deemed the assignee of all rights arising hereunder, and shall be entitled to enforce the provisions of this Agreement as against Resident(s). Nothing in this provision shall be construed as conflicting or superseding the foregoing : subordination or as requiring @ continuation of the tenancy in the event of a foreclosure or other involuntary transfer of ; ownership. |S Severability: The invalidity or partial invalidity of any provision of this Agreement shall not render the remainder of the Agreement invalid or unenforceable. To the extent that any provision of this Agreement is in conflict with any provisions of i! applicable law, such provision ts hereby deleted, and any provision required by applicable law which is not otherwise included in | this Agreement is hereby Inserted as an additional provision of this Agreement, but only to the extent required by applicable law 1, and then only to the extent the provision of the applicable law is not repealed or held invalid by a court of competent jurisdiction | 62. Attachments/Addenda: Resident(s) acknowledge receipt of a copy of the attachments, which are incorporated into and made | part of this Lease. Resident(s) agree to abide by said attachments in all respects. Any failure to comply with any of the ; attachments shall be deemed a breach of this Lease. le : 163. Signatories: The undersigned Resident(s), whether or not in actual possession of the Premises, are Jointly and severally | responsible for all obligations arising under this Lease (see Paragraph #10 above). This Lease shall not be considered to be in full : Page 9 of 10 Updated 7/27/2012 | i : { ! . . ‘ : t | | ( i | | CALIFORNIA RENTAL AGREEMENT eee farce and effect until signed by Management or Management’s authorized agent. Management may, without liability, refuse to i enter into this Lease and may refuse to allow Restdent(s) to occupy the Premises at any time prior to signing this Lease. Anything to the contrary in this provision notwithstanding, Resident(s} shall be fully Hable for all obligations arising under this Lease, and { Management may enforce the provisions of this Lease as against Resident(s) if, for any reason or by any means, Resident(s) | obtain occupancy to the Premises before such time as this Lease has been signed by Management or Management's authorized | i ent . i aos . oo | 6a The undersigned expressly understand(s} and acknowledges that Paragraphs 2 and 51 above contain provisions under which } \ ' this Lease will automatically renew as a tenancy from month-to-month upon the expiration of the term specified in Paragraph ‘ ‘ ia if Resident(s) remain in possession after the expiration of the Lease or fails to give notice of Resident{(s)’s intent notto renew uo i : or extend before the expiration of the Lease. : p | : tor | yo, | 1 | - | "| i ? \ Ne ufos . ot SO . | Residént Date ° Resident Date i - | Resident Date Resident Date | -- Zt best C/N ft | Resident Date anagement Date t . } 1 i { : \ \ . . ‘ i | ' 1 ‘ i I { i . ‘ { ' [ i i | | . 1 ! | . . I | at s 1 ' , i “a | va | ra ‘ Page 10 of 10 Updated 7/27/2012 Acceptance by : PROM-PM OR AM ELECTRONIC SI Acceplance by : HEAD OF HOUSEHOLD A SOIBTAAMANDA MaciAS 11/05/2013 OR NONASOLATAN _ iti05r2073 D: SECOSA7F-D7D8-4450-B588-780098192F13 ID : 52319861-D18A-4802-BE2E-8AEE7SB0BS1C i | | dy | | ii ! cf I | i | | | - | Ho po! bs | pO | | | | tt i ds lb | 4 i i | | EXHIBIT “B” | | | ; | IBIT ”B” } I t \ { . Parker Palo Alto , 4094 Tanland Dr . ; Pala Alta, CA 94303-3770 . j 4 t ' ! . t : . \ ' | . hoot . : . Solatan, Diana i , 890 5S Mary Ave ; : ps pe CA 94087-1167 ‘ Final account statement . : a \ a ‘ i \ | . Ledger Account at move-out FAS Prepared : ‘ Bill Fee 10/01/2017 - 10/31/2017 (12/1/2017) 3.85 ‘Date 03/02/2018 Bill Fee 14/01/2017 - 41/30/2047 (1/4/2018) 3.85 cor De Guzman, lan ' Bill Fee 1240142017 = 12/31/2017 (2/1/2018) 3.85 Late Charges 150.00 t Rent ! 5,071.43 Pay to Sewer 11/04/2047 - 11/30/2017 (1/1/2018) 698 ‘Golatan, Diana ~~ Sewer 1 2/01/2017 ~ 12131/2017 (2/1/2018) 7.08 | Trash 10/01/2017 - 10/31/2017 (12/4 2017) 34.46 t Trash 11/01/2017 - 11/30/2017 (1/1/2018) 37.88 . . | Trash 12/01/2017 - 12/31/2017 (2/1/2018) 38.71 Lease Information - Unit 2570-0005 Water 10/01/2017 - 10/31/2017 (12/1/2017) $2.13 Move-in 06/28/2013 . | Wates 11/04/2017 - 11/30/2017 (1/1/2018) 43.37 - Notice given 02/05/2018 | Water 12/01/2017 - 12/31/2017 (2/1/2018) 39.34 Lease expires 08/40/2018 Santee ech rc AA called) ‘ Balance at move-out . 5,492.93 rove-cut 02/22/2018 | * See the itemized charges for a complete listing of the work. ‘ Deposit Activities : . | OSPACH Deposit (500.00} OSP ACH Deposit (100.00) ni a . : i Total Deposits on hand (600.00) , : | Additional charges/credits/payments after move-out . { Apartment Cleaning 175.00 | Palnt 217.78 : Total additional charges / credits / payments 392.78 i Final Account balance . eee \ Balance at move-out 5,492.93 Total Deposits (600.00) Total additionat charges / credits / payments 392,78 ei payments 992.78 Total account balance due 5,286.71 i | : | . | | | i / Balance is due upon receipt. We hope you enjayed your stay at Parker Palo Alto Apartments and will consider us in the . future to accommodate your housing needs. If you have any questions regarding this statement, please contact our : / officejat (650)856-1977 and we will be happy to assist you. Thank you for living at Parker Palo Alto Apartments and good luck in your new home! | | | | ‘ Onesite - Final account statement : Diana Solatan Page | of 2 t | I \ . 7
