HomeMy WebLinkAbout2021-011546 2021011546
Tommy Gong
San Luis Obispo - County Clerk-Recorder
02/11/2021 04:05 PM
Recorded at the request of
Complimentary Recording Requested PUBLIC
Pursuant to Government Code Sections Titles: 1 Pages' 10
6103 and 27383 Fees: $0.00
Taxes: $0.00
Total: $0.00
RECORDING REQUESTED BY ': 'n. Iwimi �iga III
AND WHEN RECORDED MAIL TO VIII We �'I
City Clerk
City of Arroyo Grande
300 East Branch Street
Arroyo Grande, California 93420
LEASE AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE
AND
JENA SIMMONS AND CHAD JACKSON
RESIDENTIAL LEASE
THIS RESIDENTIAL LEASE ("Lease") dated as of January 26, 2021, is entered into
between the City of Arroyo Grande ("Landlord") and Jena Simmons and Chad Jackson
(collectively "Tenant").
NOW THEREFORE, for good and valuable consideration the receipt and adequacy of
which are hereby acknowledged, the parties agree as follows:
Section 1. Lease
Tenant leases from Landlord the premises located at 202 East Le Point Street, Arroyo Grande,
California 93420, and consisting of a single family residence, on the terms and conditions
contained in this Lease (collectively, "Leased Premises").
Section 2. Term
The term of this Lease shall commence on February 1, 2021, and continue for a period of one (1)
year.
Section 3. Rent
Rent shall be One Thousand Three Hundred Twenty Dollars ($1,320) per month ("Monthly Rent"),
payable in advance, on the first day of each calendar month to Landlord or Landlord's authorized
agent, at the following address: Attn: Administrative Services Director, 300 Branch Street, Arroyo
Grande, CA 93420, or at any other place designated by Landlord from time to time. If Tenant
takes possession of the Leased Premises on a date other than the first day of a calendar month,
the first rent payment shall be prorated in accordance with the then remaining number of days in
the month. Tenant agrees to pay a charge of Twenty- Five Dollars ($25) for each dishonored
check.
Section 4. Utilities
Tenant shall be responsible for the payment of all utilities and services to the Leased Premises.
Section 5. Use
The Leased Premises shall be used as a private dwelling.
Section 6. Compliance with Law
Tenant shall comply with all laws, statutes, ordinances, and requirements of all city, county, state,
and federal authorities now or later in force pertaining to the use of the Leased Premises.
Section 7. Maintenance and Alterations
Except as set forth in this Lease, Tenant agrees that as of the delivery of possession the Leased
Premises are in good working order and repair. Tenant shall, at Tenant's own expense and at all
times, maintain the Leased Premises in good working order and repair, including all equipment,
appliances, furniture, fixtures, and furnishings, and shall surrender the Leased Premises at
termination of this Lease in as good condition as received, normal wear and tear excepted. Tenant
shall be responsible for damages caused by Tenant's negligence and that of Tenant's family,
invitees, and guests. Tenant shall not make alterations to the Leased Premises without the prior
written consent of Landlord. Tenant shall not commit or allow any person to commit any act
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resulting in the destruction, defacement, damage, impairment, or removal of any part of the
Leased Premises, including wall, ceiling, and floor coverings, and the furniture, fixtures, and
furnishings of the Leased Premises.
Section 8. Entry
Landlord shall have the right to enter the Leased Premises for the purposes of making necessary
or agreed repairs and for showing the Leased Premises to prospective tenants, provided that,
except in the case of an emergency, such entry shall be made during normal business hours and
upon at least twenty-four (24) hours' prior notice. In the case of an emergency or Tenant's
abandonment or surrender of the Leased Premises, Landlord or Landlord's agent may enter the
Leased Premises at any time, without obtaining Tenant's prior consent. Tenant agrees not to
change the locks or add locks to the entrances of the Leased Premises without the prior consent
of Landlord and without providing Landlord with a key to any locks.
Section 9. Indemnification
Landlord shall not be liable for any damage or injury to Tenant or any other person, or to any
property, occurring on the Leased Premises or any part of the Leased Premises or in common
areas, unless the damage is the proximate result of the gross negligence or willful misconduct of
Landlord, Landlord's agents, or Landlord's employees. Tenant agrees to indemnify, defend, and
hold harmless Landlord for any liability, costs (including reasonable attorney's fees), or claims for
personal injuries or property damage caused by the negligent, willful, or intentional act or omission
to act of Tenant or Tenant's guests or invitees. Each party waives the right of subrogation against
the other party.
Section 10. Assignment and Subletting
Tenant shall not assign this Lease or any interest under this Lease or sublet the Leased Premises
or any portion of the Leased Premises without Landlord's prior written consent, which will not be
unnecessarily withheld.
Section 11. Abandoned Property
If Tenant abandons or surrenders the Leased Premises, Landlord may consider any personal
property left on the Leased Premises to be abandoned and may dispose of it in any manner
allowed by law. All personal property on the Leased Premises is made subject to a lien in favor
of Landlord for the payment of all sums due under this Lease, to the maximum extent allowed by
law.
Section 12. Default
If Tenant fails to pay rent when due, or to perform any term of this Lease, after not less than three
(3) days' written notice of default given in the manner required by law, Landlord, at Landlord's
option, may terminate all rights of Tenant under this Lease, unless Tenant, within the time
specified, cures the default.
Section 13. Remedies
If Tenant defaults, Landlord may elect to:
(a) continue the lease in effect, and enforce all Landlord's rights and remedies under this
Lease, including the right to recover the rent as it becomes due, or
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(b) at any time, terminate all of Tenant's rights under this Lease, and recover from Tenant all
damages Landlord may incur by reason of the breach of the Lease, including the cost of
recovering the Leased Premises and including the worth at the time of the termination or at the
time of an award if suit is instituted to enforce this provision, of the amount by which the unpaid
rent for the balance of the term exceeds the amount of the rental loss that the tenant proves could
be reasonably voided.
In addition to any other rights and remedies allowed by this Lease or by law, Landlord shall have
the remedies as set forth in Civil Code §§1951.2 and 1951.4.
Section 14. Security Deposit
Tenant will deposit with Landlord the sum of One Thousand Dollars ($1,000) as a security deposit.
Landlord shall not be obligated to pay interest on the Deposit. Landlord will hold the deposit for
the full and timely performance by Tenant of Tenant's obligations under this Lease, including
payment of rent and cleaning, maintaining, and repairing the Leased Premises after surrender. If
all or any portion of Tenant's security deposit is applied by Landlord during the term of this Lease,
Landlord may demand that Tenant replenish the full amount applied. Tenant's failure to replenish
the amount within five (5) days after written demand will constitute a breach of this Lease. The
balance of all deposits shall be refunded no later than twenty-one (21) calendar days from the
date possession is delivered to Landlord or Landlord's agent, together with a statement showing
any charges made against the deposits by Landlord.
Section 15. Attorney Fees
In any legal action brought by either party to enforce the terms of this Lease or relating to the
Leased Premises, the prevailing party shall be entitled to all costs incurred in connection with that
action, including reasonable attorney's fees.
Section 16 Waiver
No failure of Landlord to enforce any term of this Lease shall be deemed a waiver, nor shall any
acceptance of a partial payment of rent be deemed a waiver of Landlord's right to the full amount
of rent.
Section 17. Notices
Any notice that either party may or is required to give, may be given by mailing the notice, postage
prepaid, to Tenant at the Leased Premises or to Landlord at the address shown below or at any
other place designated by the parties from time to time.
City of Arroyo Grande
300 East Branch Street
Arroyo Grande, CA 93420
Section 18. Successors and Assigns
This Lease is binding upon and inures to the benefit of the heirs, assigns, successors, executors,
and administrators of Landlord and Tenant.
Section 19. Time
Time is of the essence in this Lease.
Page 3 of 8
Section 20. Holding Over
Any holding over after expiration of the Lease, with the consent of Landlord, shall be construed
as a month-to-month tenancy in accordance with the terms of this Lease, as applicable. Rent
during any hold over period shall be One Hundred Fifty Percent (150%) of the rent payable prior
to the expiration of the Lease term.
Section 21. Late Charges and Default Interest
If Tenant fails to pay the Monthly Rent within five (5) days after the due date, Tenant agrees that
it would be impracticable or extremely difficult to fix the actual damage to Landlord caused by that
failure and therefore agrees to pay a late charge of Twenty-Five Dollars ($25) plus interest at Ten
Percent (10%) per annum commencing on the date on which the delinquent amount was due.
The amounts due under this Section are in addition to and not in lieu of any other remedies of
Landlord.
Section 22. Construction
Headings at the beginning of each section are solely for the convenience of the parties and are
not a part of and shall not be used to interpret this Lease. The singular form shall include plural,
and vice versa. This Lease shall not be construed as if it had been prepared by one of the parties,
but rather as if both parties have prepared it. Unless otherwise indicated, all references to sections
are to this Lease.
Section 23. Further Assurances
Whenever requested to do so by the other party, each party shall execute, acknowledge, and
deliver any further conveyances, agreements, confirmations, satisfactions, releases, powers of
attorney, instruments of further assurance, approvals, consents, and any further instruments and
documents as may be necessary, expedient, or proper to complete any conveyances, transfers,
sales, and agreements contemplated by this Lease. Each party also agrees to do any other acts
and to execute, acknowledge, and deliver any documents requested to carry out the intent and
purpose of this Lease.
Section 24. Third-Party Rights
Nothing in this Lease, express or implied, is intended to confer upon any person, other than the
parties and their respective successors and assigns, any rights or remedies under or by reason
of this Lease.
Section 25. Integration
This Lease contains the entire agreement between the parties regarding the subject matter of the
Lease, and this Lease expressly supersedes all previous or contemporaneous agreements,
understandings, representations, or statements between the parties regarding those matters.
Section 26. Counterparts
This Lease may be executed in one or more counterparts, each of which shall be deemed an
original and all of which taken together shall constitute one and the same instrument.
Section 27. Amendment
This Lease may not be amended or altered except by an instrument in writing executed by
Landlord and Tenant.
Page 4 of 8
Section 28. Partial Invalidity
Any provision of this Lease that is unenforceable or invalid or the inclusion of which would
adversely affect the validity, legality, or enforcement of this Lease shall have no effect, but all the
remaining provisions of this Lease shall remain in full force.
Section 29. Joint and Several Liability
If Tenant is more than one person, each person shall be jointly and severally liable for the
performance of Tenant's obligations under this Lease.
Section 30. Conduct of Tenant
Tenant shall not create a nuisance on the Leased Premises or otherwise disturb other tenants of
the property.
Section 31. Governing Law
The validity, meaning, and effect of this Lease shall be determined in accordance with California
law.
Section 32. Megan's Law Notice
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 www.meganslaw.ca.gov. Depending on an offender's criminal history, this
information will include either the address at which the offender resides or the community of
residence and ZIP Code in which the offender resides.
Section 33. Smoke Detector and Carbon Monoxide Detector
Tenant acknowledges that as of this date, the unit is equipped with one or more smoke detectors
and carbon monoxide detectors, that the Tenant has inspected the smoke detectors and carbon
monoxide detectors, and Tenant finds them to be in good working order. Tenant agrees that it is
their duty to regularly test the smoke detectors and carbon monoxide detectors and agrees to
notify Landlord immediately in writing of any problem, defect, malfunction or failure of the smoke
detectors or carbon monoxide detectors.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.]
Page 5 of 8
IN WITNESS WHEREOF, Tenant has executed this Lease as of the date written below.
EN'
HiA ill• i.
Je Si mons P
Date: O
Jac son
Date: z/efz®�j
Landlord accepts and agrees to this Lease.
LANDLORD:
/U'&&I Al
Whitney M aid, City Manager
Date: 84. ;,,�,
APPROVED AS TO FORM:
149\d‘*- - (f-rjL"--
Timothy armel, City Attorney
Date: 0/ 9/ P-1
Page 6 of 8
,
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
On t e�1,, 1 qt 2bz. , before me, �J'( e( , notary public,
personally appeared 0 fir S)0k,vuvti✓J , who proved to me on the basis of satisfactory
evidence to be the pe on(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragra ' true and correct.
WITN' my hand a d fficial seal.
I , (J
(No -ry Signature) (Seal)
A.PORTER
z Notary Public-California
= Y��,., r �"� Los Angeles C234%5
;1,4,0. Commission k
My Comni.Expires Jun 29,1022
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
County of San Luis Obispo
On tiyliev �_, , bet. = m;, . .Pv�Aer , notary public,
personally appeared 1 '- ' kJ/ "— , who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoin paragraph is true and correct.
WIT S my hart nd official seal.
CLQ
(Notary Signature) (Seal)
4 . A.PORTER
+t"
Notary Public-California
- - " Los Angeles County
�'�c+'►;' Commission#2248145
My Comm.Expires Jun 29,2022
Page 8 of 8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document.
State of California
County of San Luis Obisp
On "4-\014;,A444_.\ L\ 2O2-_ , before me, A Porter, Notary Public,
personally appeared Whitney McDonald
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing
paragraph is true and correct.
.i .fin., A.PORTER
•rig.
Notary Pubiic California WITNESS my hand a official seal.
�' :: Los Angeles County
• Commission M 2248145
My Comm.Expires Jun 29,2022
SIGNATURE
PLACE NOTARY SEAL ABOVE
END OF DOCUMENT