--------------------------------------------------------------------------------
BAYSIDE VILLAGE RESIDENTIAL LEASE
--------------------------------------------------------------------------------
THIS RESIDENTIAL LEASE, dated March 11, 1999, for purposes of reference only,
is made and entered into by and between BAYSIDE VILLAGE ASSOCIATES, a
partnership "(Bayside Village)", and XxxxXxxx.xxx, Inc. by Xxxxx Xxxxx and
Xxxxxxx Xxxxxx ("Resident").
1. PREMISES: Bayside Village hereby leases to Resident, and Resident hereby
leases from Bayside Village, those certain premises ("suite"), located in the
Bayside Village complex, described as Suite No. 406 at Four Bayside Village
Place, San Francisco, California.
2. TERM: The term of this Lease shall be for a period of -6- months, commencing
on April 6, 1999 and ending on October 5, 1999, unless sooner terminated as
herein provided. If Bayside Village is unable to give possession of the suite on
the above commencement date for any reason whatsoever, Bayside Village shall
not be subject to any liability, nor shall the validity of this Lease be
affected nor the term thereof extended, but under such circumstances the rent
hereunder shall not commence until the possession of the suite is tendered to
Resident; provided, however, that in the event that possession of the suite is
not tendered by Bayside Village to Resident within 30 days following the above
commencement date, then at any time after the 30-day period and prior to tender
by Bayside Village of possession, Resident may terminate this Lease by written
notice to Bayside Village, and thereupon all rights and obligations hereunder of
both parties shall cease.
3. RENT: Resident shall pay to Bayside Village at the Bayside Village
management office at Three Bayside Village Place, San Francisco, California,
or to such other place as Bayside Village may from time to time designate by
written notice to Resident, without deduction or offset of any kind, as rent
for the use and occupancy of the suite, the sum of Twenty-Two Hundred
Seventy-Five Dollars ($2,275.00) per month payable in advance on the first
day of each and every calendar month, and a proportionate part of that sum
for any fraction of a calendar month of the term. Rent for the first full
calendar month shall be paid at the time of execution of this Lease by
Resident, and in the event that the term hereof commences (or if under the
terms of paragraph 2 rent commences) other than on the first day of a
calendar month, then the rent for the fractional month will be payable on the
first day of the immediately following calendar month. RESIDENT AGREES THAT
ALL RENTAL AND OTHER PAYMENTS SHALL BE BY PERSONAL CHECK, CASHIER'S CHECK,
CERTIFIED CHECK OR MONEY ORDER, AND THAT NO CASH WILL BE ACCEPTED FOR RENTAL
PAYMENTS.
4. PARKING: During the term of this Lease, Resident shall have the right to
occupy -0- parking space(s) located in the underground parking garage. Bayside
Village reserves the right to change from time to time the location of
Resident's designated parking space. Resident agrees to pay as additional rent
the sum of N/A Dollars ($N/A) per month to Bayside Village for rent for such
parking space. Such rent shall be paid at the time and in the manner provided
for payment of rent under paragraph 3 above. Resident may terminate rental of
this parking space by giving Bayside Village not less than 30 days' written
notice of such termination. Use of said parking space shall be at the sole risk
of Resident, and without limiting the generality of the foregoing, to the
maximum extent permitted by law, Bayside Village shall not have, and Resident
agrees to indemnify Bayside against, any liability to Resident or any other
person, including attorneys' fees, for any damage to or loss or theft of any
automobile or other property (including property of Resident), or injury to or
death of any person (including Resident and Resident's family, agents,
employees, visitors, or licensees), arising directly or indirectly out of or in
any way in connection with the use by Resident or Resident's family, agents,
employees, visitors or licensees of such parking space or any part of the
parking garage.
5. LATE CHARGES - DISHONORED CHECKS: Resident agrees to pay promptly a late
charge of $25.00 in the event any monthly installment of rent is not received
within 3 days of its due date. This late charge does not establish a grace
period; Bayside Village may make written demand for payment if rent is not paid
on its due date. Bayside Village and Resident agree that the late charge is
presumed to be the damages sustained by Bayside Village because of Resident's
late payment of rent, and that it is impracticable or extremely difficult to fix
the actual damages. In the event any check in payment of Resident's rent or
other charges is dishonored by the bank, Resident agrees to immediately deliver
to Bayside Village a cashier's check, certified check or money order in the
amount of the dishonored check plus a service charge of $25.00 and a late
charge, if applicable. If such dishonor occurs more than once during the term of
this Lease, or any extension thereof, then, if Bayside Village shall so require
by notice in writing to Resident, all future rent and other charges must be paid
only in the form of a cashier's check, certified check or money order.
6. SECURITY DEPOSIT: Prior to the commencement of the term and before occupancy
of the suite, Resident shall deposit with Bayside Village the sum of Eight
Hundred Dollars ($800.00), as security for the faithful performance of all
Resident's obligations under this Lease, including, but not limited to, payment
of rent, and cleaning and repair of the suite after their surrender. THIS
SECURITY DEPOSIT SHALL NOT CONSTITUTE PAYMENT OF THE LAST MONTH'S RENT
HEREUNDER. Bayside Village shall have the right to the extent permitted by law,
but not the obligation, to apply the security deposit to any payment, in the
making of which Resident shall be in default hereunder, and to the cost of
performing any of Resident's obligations under this Lease, and if Bayside
Village does so apply the deposit, Resident shall, upon demand, immediately
deposit with Bayside Village all amounts necessary to restore the Security
Deposit to its original amount so that Resident shall at all times have on
deposit with Bayside Village the amount herein specified as security. Resident's
failure to replenish such amount within ten days after written demand by Bayside
Village will constitute a material breach of this Lease. Within three weeks
after Resident has vacated the suite, Bayside Village will furnish Resident with
an itemized written statement of the amount of the security deposit received, of
the disposition of the security deposit and the basis for any such disposition
of the security deposit; Bayside Village will return any remaining portion of
the security deposit to Resident.
7. CONDITION AND MAINTENANCE OF PREMISES: The taking possession of the suite by
Resident shall be conclusive evidence that the suite, including all equipment
and fixtures, were then clean and sanitary and in good order and condition.
Resident shall, throughout the term hereof, keep the suite in good, clean and
sanitary order and condition and surrender them to Bayside Village in as good
condition as they are on the date of this Lease, reasonable wear and tear and
damage by the elements excepted. Resident agrees to notify Bayside Village of
any defects, dilapidations or dangerous conditions in and about the suite and
to promptly reimburse Bayside Village for the cost of any repairs to said suite,
or the equipment or personal property subject to this Lease, caused by
negligence or misuse of the suite of or by Resident or of any of Resident's
invitees, licensees or guests. Bayside Village may make, when needed in Bayside
Village's opinion, any repairs, replacements or restorations in and about the
suite or to any of its fixtures or equipment. Resident shall not, without the
prior written consent of Bayside Village, make any such repairs, replacements or
restorations. Bayside Village shall not be required to make any repairs except
as expressly provided by law, and Bayside Village shall in no event have any
duty to make any repairs prior to the expiration of a reasonable time following
receipt of written notice from Resident of the need therefor.
8. USE OF PREMISES: This suite is to be occupied by no more than four
persons. (a) The premises shall be used solely and exclusively for private
residence purposes, and shall be occupied only by the persons specified in
Resident's latest Lease/Rental Application approved by Bayside Village. (b)
Resident will not make or permit any use of the suite, or do or permit any
act, including the keeping of anything, in or about the suite, which,
directly or indirectly, will tend to injure the reputation of Bayside
Village, disturb any resident of the building in which the suite is located
or the neighborhood, violate any law, ordinance or regulation, or violate the
terms of or cause any increase in the rate under any insurance policy
governing or relating to the building in which the suite is located. (c)
Resident shall comply with all laws, ordinances and governmental regulations,
and with any direction of any public officer, pursuant to law, which shall
impose any duty upon or provide for or refer to any obligation of Resident
with respect to the suite or the occupation thereof.
9. RULES AND REGULATIONS: Resident agrees to comply with and observe all
building Rules and Regulations, a copy of which is attached to this Lease and
incorporated by reference in paragraph 29.
10. ALTERATIONS: Resident shall make no alterations (including painting and
decorating) in or additions of any kind to the suite or its fixtures or
equipment without Bayside Village's prior written consent, which Bayside Village
may condition in any manner, or may refuse, in accordance with its sole
determination, which shall be conclusive. All such alterations or additions
which may be approved by Bayside Village shall be at the sole cost of Resident,
and Resident agrees to hold Bayside Village harmless from all liabilities in any
way connected therewith. All additions, hardware, fixtures and improvements
placed in the suite by Resident or Bayside Village, shall be Bayside
Village's property and shall remain upon the suite upon any termination of
the term hereof, unless Bayside Village as a condition of consenting to such
alteration or addition required that at the conclusion of the term hereof the
suite be restored to the condition existing prior to such alteration or
addition, in which event Resident sahll comply with such condition.
11. RIGHT OF ENTRY BY BAYSIDE VILLAGE: On not less than 24 hours' advance notice
to Resident by Bayside Village, unless otherwise agreed to by Resident, Bayside
Village shall have the right to enter the suite during normal business hours for
the purpose of: (a) Making necessary or agreed repairs, decorations, alterations
or improvements; (b) Supplying necessary or agreed services; or (c) Showing the
suite to prospective or actual purchasers, mortgagees, tenants, workmen or
contractors. In case of emergency, or Resident's abandonment or surrender of
the suite, Bayside Village or its agent may enter the suite at any time without
securing Resident's prior permission. Bayside Village currently has a key to the
suite. Resident may not change the locks or add a lock without Bayside Village's
prior written consent. Any damage resulting from emergency entry shall be the
responsibility of the Resident if locks are changed or added and no key is
provided to Bayside Village.
12. PETS: Resident may keep no bird, animal, or reptile or pet of any kind in or
about the suite or the common areas.
13. UNTENANTABILITY: If the suite or the building in which the suite is located
is made untenantable by fire or other casualty, Bayside Village may elect: (a)
To terminate this Lease as of the date of the fire or other casualty by notice
to Resident within 30 days after that date, or (b) To repair and restore the
building or the suite. In such event the Lease shall not terminate and, unless
such fire or other casualty is due to the negligence or misconduct of Resident
or any other person in the suite with Resident's permission, such repair and
restoration shall be at the expense of Bayside Village and rent shall be abated
on a per diem basis while the suite is untenantable.
Page 1 of 2
14. INDEMNIFICATION OF BAYSIDE VILLAGE: Bayside Village shall not be liable, and
resident, to the maximum extent permitted by law, waives all claims, and agrees
to indemnify Bayside Village for any liability arising before termination of
this Lease, and any loss, claim, cause of action, cost or expense, including
attorneys' fees, for personal injuries or property damage caused by the
negligent, willful, or intentional conduct of Resident or any other occupant of
the suite or of their guests or invitees. This indemnification agreement does
not waive Bayside Village's duty of care to prevent personal injury or property
damage to the extent that duty is imposed by law.
15. SUBLETTING OR ASSIGNMENT: Resident shall not assign this Lease or any
interest under it, or sublet the suite or any part thereof, or permit the use or
occupancy of the suite or any part thereof by any one other than Resident and
the other occupants named in Resident's latest Lease/Rental Application approved
by Bayside Village.
16. UTILITIES AND SERVICES: (a) Resident shall arrange for and pay all charges
incurred for the furnishing of electrical, cable television and telephone
service to the suite, including any deposits required for such services. (b) In
the event of any failure or interruption of any service in or to the suite, or
in or to the building in which the suite is located, for any reason beyond the
reasonable control of Bayside Village, then, to the maximum extent permitted by
law, any such failure or interruption of service shall never be deemed an
eviction or disturbance of Resident's use and possession of the suite, or render
Bayside Village liable to Resident for damages, or relieve Resident from
performance of Resident's obligations under this Lease, or entitle Resident to
an abatement of rent or parking rent.
17. JOINT AND SEVERAL TENANCY: If more than one person executes this Lease as
Resident, their obligation hereunder are joint and several, whether or not such
Resident is in actual possession of the suite, and any act or notice of or to,
or refund to, or the signature of, any one or more of them, in relation to the
extension or termination of this Lease, or under or with respect to any of the
terms hereof, shall be fully binding upon each and all of the persons executing
this Lease as Resident.
18. EVENTS OF DEFAULT: Resident shall be guilty of a material breach of this
Lease should Resident: (a) Fail to pay any rent or other sum payable under this
Lease on the date it becomes due; (b) Default in the performance of or breach
any provision, term, covenant or condition of this Lease; (c) Vacate or abandon
said suite before expiration of the full term of this Lease, or any extension
thereof; (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.
19. REMEDIES: In the event Resident is guilty of a material breach of this Lease
as defined in paragraph 18 of this Lease, Bayside Village, in addition to any
other right or remedy allowed by law or provided for in any other section of
this Lease, may, if Bayside Village so elects, forthwith terminate Resident's
right to possession of the suite and terminate this Lease. In the event Bayside
Village commences litigation against resident to enforce any of the provisions
of this agreement, resident shall pay to Bayside Village reasonable attorneys'
fees and court costs actually incurred, whether or not the matter is pursued to
Judgment. Upon any termination of this Lease, whether by operation of law or at
the election of Bayside Village, as above provided, Bayside Village may recover
from Resident all sums to which Bayside Village is entitled under section 1951.2
of the California Civil Code and otherwise, including the worth at the time of
the award thereof to Bayside Village, computed as provided in said section
1951.2, of the amount by which the unpaid rent for the balance of the full term
hereof after the time of such award exceeds the amount of such rental loss for
the same period that Bayside Village proves could be reasonably avoided. If
Resident abandons or vacates the suite, while in default of the payment of rent,
Bayside Village may consider any property left in the suite to be abandoned and
may dispose of the same in any manner allowed by law.
20. NO WAIVER: The failure of Bayside Village in any case to enforce or insist
upon strict performance of any provision of this Lease, including the building
Rules and Regulations, shall not prevent a subsequent act, which would have
originally constituted a violation or default hereunder from having all the
force and effect of an original violation or default. The receipt by Bayside
Village of rent with knowledge of the breach of any provision of this Lease,
including the building Rules and Regulations, shall not be deemed a waiver of
such breach. No provision of this Lease shall be deemed to have been waived by
any act or conduct by Bayside Village, unless such waiver be in writing signed
by Bayside Village. No payment by Resident or receipt by Bayside Village of a
lesser amount than the monthly installment of rent herein stipulated shall be
deemed to be other than on account of the rent earliest due, and Bayside Village
may accept any payment without prejudice to Bayside Village's right to recover
any other sums due from Resident or pursue any other remedy provided in this
Lease, regardless of any endorsement or statement accompanying such payment.
21. SUBORDINATION: This Lease is subordinate to all recorded covenants and
conditions which now affect, and to all ground or underlying leases, mortgages
or deeds of trust which may now or hereafter affect, the real property of which
the suite forms a part, including leases, mortgages and deeds of trust which
cover said real property and other suites as a blanket lien or otherwise, and to
all renewals, modifications, consolidations, replacements and extensions
thereof. This cause shall be self-operative and no further instrument or act
shall be required effectuate such subordination, but in confirmation of such
subordination, Resident shall execute promptly any certificate or other document
which Bayside Village may request.
22. SMOKE DETECTOR: Resident acknowledges that the suite is supplied with a
smoke detection device. During the term of this Lease, and any extensions, it
shall be Resident's responsibility to regularly test said device to ensure that
it is in operable condition. Resident shall promptly inform Bayside Village in
writing of any defects, malfunction, or failure of said device and upon receipt
of said notice, Bayside Village shall promptly make any repairs necessary to
maintain said device in proper working order, at no charge to Resident.
23. NOTICES: Except as otherwise in this Lease provided, any notice by Bayside
Village to Resident shall be in writing and shall be deemed to be duly given if
and when it is delivered personally to Resident, or sent by registered or
certified mail addressed to Resident at the suite, or left at the suite. Any
notice by Resident to Bayside Village shall be in writing and shall be deemed to
be duly given if it is signed by Resident and delivered personally to Bayside
Village's manager at the management office at Bayside Village at THREE BAYSIDE
VILLAGE PLACE, San Francisco, California, or sent by registered or certified
mail addressed to Bayside Village at said management office. Bayside Village may
change its address for purposes of this paragraph by giving written notice of
the change to Resident in the manner provided in this paragraph.
24. BINDING ON HEIRS AND SUCCESSORS: This Lease shall be binding on and shall
inure to the benefit of the heirs, executors, administrators, and successors of
the parties hereto, but nothing in this paragraph shall be construed as a
consent by Bayside Village to any assignment or subletting of this Lease by
Resident.
25. MISCELLANEOUS: (a) Each and every term, covenant and agreement herein
contained shall be deemed a condition hereof. (b) All amounts (other than
rent and late charges) owed by Resident to Bayside Village hereunder shall be
paid within 10 days from the date Bayside Village renders statements of
account therefor. All amounts (other than rent and late charges) owed by
Resident to Bayside Village, if not paid when due, shall bear interest from
the due date until paid at the rate of 10% per annum, or if a higher rate is
legally permissible, at the highest rate legally permitted. (c) Any riders
attached to this Lease and signed by Bayside Village and Resident are hereby
made a part of this Lease as though inserted in this lease. (d) This Lease,
including provisions and riders above made a part hereof, contains the entire
agreement between the parties and all prior negotiations and agreements are
merged herein. Neither Bayside Village nor Bayside Village's agents have made
any representations or promises, with respect to the suite or the building in
which the suite is located or otherwise, except as expressly set forth in the
Lease. This Lease may be modified in writing only, signed by Bayside Village
and Resident.
26. CONVERSION TO A MONTH-TO-MONTH TENANCY: IMMEDIATELY UPON THE EXPIRATION OF
THE TERM OF THIS LEASE, THE TENANCY SHALL AUTOMATICALLY CONVERT TO A
MONTH-TO-MONTH TENANCY UNLESS EITHER PARTY PRIOR TO SUCH EXPIRATION OF THE TERM
OF THE LEASE, GIVES THE OTHER PARTY AT LEAST 30 DAYS' NOTICE IN WRITING THAT
SUCH PARTY WILL NOT RENEW THE TENANCY ON A MONTH-TO-MONTH BASIS. ANY HOLDING
OVER AFTER EXPIRATION OF THE TERM OF THIS LEASE, WITH THE CONSENT OF BAYSIDE
VILLAGE, SHALL BE CONSTRUED AS A MONTH-TO-MONTH TENANCY IN ACCORDANCE WITH THE
TERMS HEREOF, AS APPLICABLE. AT LEAST 30 DAYS PRIOR TO THE EXPIRATION OF THIS
LEASE, BAYSIDE VILLAGE SHALL NOTIFY THE RESIDENT IN WRITING OF ANY POTENTIAL
CHANGES IN THE RENTAL RATE OR ANY OTHER TERMS OF THIS LEASE.
27. MONTH-TO-MONTH TENANCY: IN THE EVENT RESIDENT BECOMES A MONTH-TO-MONTH
TENANT, SAID TENANCY MAY BE TERMINATED BY THE RESIDENT ONLY BY GIVING THIRTY
(30) DAYS WRITTEN NOTICE OF INTENT TO TERMINATE THE TENANCY.
28. MANAGER AND AGENT OF BAYSIDE VILLAGE: The person authorized to manage the
premises is XXXXX XXXXXX, THREE BAYSIDE VILLAGE PLACE, SAN FRANCISCO,
CALIFORNIA. The person authorized to act for and on behalf of Bayside Village
for the purpose of service of process and for the purpose of receiving and
receipting for all notices and demands is XXXXX XXXXXX, RESIDENT MANAGER,
BAYSIDE VILLAGE, THREE BAYSIDE VILLAGE PLACE, SAN FRANCISCO, CALIFORNIA.
29. INCORPORATED INSTRUMENTS: This Lease incorporates by reference as if written
herein other terms and conditions contained in the following instruments,
receipt of a copy of each of which instruments Resident hereby acknowledges: _X_
Lease Agreement, _X_ Suite Move-In Condition Form, _X_ Rules and Regulations,
___ Addendum to Residential Lease, _X_ Resident Handbook, ___
____________________________________.
NOTICE: THIS LEASE CONTAINS A PROVISION FOR THE AUTOMATIC RENEWAL OR EXTENSION
OF YOUR TENANCY.
IN WITNESS WHEREOF, Bayside Village and Resident have executed duplicate
originals of this Lease on the respective dates set forth below and Resident
acknowledges receipt of a duplicate original of this Lease.
/s/ Xxxxx Xxxxx 4/2/99 /s/ Xxxxxxx Xxxxxx 4-1-99
----------------------------------- ------------------------------------
Xxxxx Xxxxx, Date Xxxxxxx Xxxxxx, Date
C.E.O. Secretary
----------------------------------- ------------------------------------
Resident Date Resident Date
BAYSIDE VILLAGE ASSOCIATES, a partnership
By /s/ Xxxxx Xxxxxxxx Date: 4-6-99
-------------------------------- ------
Bayside Village Associates
Page 2 of 2
--------------------------------------------------------------------------------
BAYSIDE VILLAGE RESIDENTIAL LEASE
--------------------------------------------------------------------------------
THIS RESIDENTIAL LEASE, dated April 21, 1999, for purposes of reference only, is
made and entered into by and between BAYSIDE VILLAGE ASSOCIATES, a partnership
"(Bayside Village)", and XxxxXxxx.Xxx, Inc. By Xxxxx Xxxxx and Xxxxxxx Xxxxxx
("Resident").
1. PREMISES: Bayside Village hereby leases to Resident, and Resident hereby
leases from Bayside Village, those certain premises ("suite"), located in the
Bayside Village complex, described as Suite No. 217 at 000 Xxxxxxx Xxxxxx, Xxx
Xxxxxxxxx, Xxxxxxxxxx.
2. TERM: The term of this Lease shall be for a period of -6- months, commencing
on May 7, 1999 and ending on November 6, 1999, unless sooner terminated as
herein provided. If Bayside Village is unable to give possession of the suite on
the above commencement date for any reason whatsoever, Bayside Village shall not
be subject to any liability, nor shall the validity of this Lease be affected
nor the term thereof extended, but under such circumstances the rent hereunder
shall not commence until the possession of the suite is tendered to Resident;
provided, however, that in the event that possession of the suite is not
tendered by Bayside Village to Resident within 30 days following the above
commencement date, then at any time after the 30-day period and prior to tender
by Bayside Village of possession, Resident may terminate this Lease by written
notice to Bayside Village, and thereupon all rights and obligations hereunder of
both parties shall cease.
3. RENT: Resident shall pay to Bayside Village at the Bayside Village management
office at Three Bayside Village Place, San Francisco, California, or to such
other place as Bayside Village may from time to time designate by written notice
to Resident, without deduction or offset of any kind, as rent for the use and
occupancy of the suite, the sum of Twenty Two Hundred Forty Five Dollars
($2245.00) per month payable in advance on the first day of each and every
calendar month, and a proportionate part of that sum for any fraction of a
calendar month of the term. Rent for the first full calendar month shall be paid
at the time of execution of this Lease by Resident, and in the event that the
term hereof commences (or if under the terms of paragraph 2 rent commences)
other than on the first day of a calendar month, then the rent for the
fractional month will be payable on the first day of the immediately following
calendar month. RESIDENT AGREES THAT ALL RENTAL AND OTHER PAYMENTS SHALL BE BY
PERSONAL CHECK, CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER, AND THAT NO
CASH WILL BE ACCEPTED FOR RENTAL PAYMENTS.
4. PARKING: During the term of this Lease, Resident shall have the right to
occupy -1- parking space(s) located in the underground parking garage. Bayside
Village reserves the right to change from time to time the location of
Resident's designated parking space. Resident agrees to pay as additional rent
the sum of One Hundred Fifty Dollars ($150.00) per month to Bayside Village
for rent for such parking space. Such rent shall be paid at the time and in the
manner provided for payment of rent under paragraph 3 above. Resident may
terminate rental of this parking space by giving Bayside Village not less than
30 days' written notice of such termination. Use of said parking space shall be
at the sole risk of Resident, and without limiting the generality of the
foregoing, to the maximum extent permitted by law, Bayside Village shall not
have, and Resident agrees to indemnify Bayside against, any liability to
Resident or any other person, including attorneys' fees, for any damage to or
loss or theft of any automobile or other property (including property of
Resident), or injury to or death of any person (including Resident and
Resident's family, agents, employees, visitors, or licensees), arising directly
or indirectly out of or in any way in connection with the use by Resident or
Resident's family, agents, employees, visitors or licensees of such parking
space or any part of the parking garage.
5. LATE CHARGES - DISHONORED CHECKS: Resident agrees to pay promptly a late
charge of $25.00 in the event any monthly installment of rent is not received
within 3 days of its due date. This late charge does not establish a grace
period; Bayside Village may make written demand for payment if rent is not paid
on its due date. Bayside Village and Resident agree that the late charge is
presumed to be the damages sustained by Bayside Village because of Resident's
late payment of rent, and that it is impracticable or extremely difficult to fix
the actual damages. In the event any check in payment of Resident's rent or
other charges is dishonored by the bank, Resident agrees to immediately deliver
to Bayside Village a cashier's check, certified check or money order in the
amount of the dishonored check plus a service charge of $25.00 and a late
charge, if applicable. If such dishonor occurs more than once during the term of
this Lease, or any extension thereof, then, if Bayside Village shall so require
by notice in writing to Resident, all future rent and other charges must be paid
only in the form of a cashier's check, certified check or money order.
6. SECURITY DEPOSIT: Prior to the commencement of the term and before
occupancy of the suite, Resident shall deposit with Bayside Village the sum
of Eight Hundred Dollars ($800.00), as security for the faithful performance
of all Resident's obligations under this Lease, including, but not limited
to, payment of rent, and cleaning and repair of the suite after their
surrender. THIS SECURITY DEPOSIT SHALL NOT CONSTITUTE PAYMENT OF THE LAST
MONTH'S RENT HEREUNDER. Bayside Village shall have the right to the extent
permitted by law, but not the obligation, to apply the security deposit to
any payment, in the making of which Resident shall be in default hereunder,
and to the cost of performing any of Resident's obligations under this Lease,
and if Bayside Village does so apply the deposit, Resident shall, upon
demand, immediately deposit with Bayside Village all amounts necessary to
restore the Security Deposit to its original amount so that Resident shall at
all times have on deposit with Bayside Village the amount herein specified as
security. Resident's failure to replenish such amount within ten days after
written demand by Bayside Village will constitute a material breach of this
Lease. Within three weeks after Resident has vacated the suite, Bayside
Village will furnish Resident with an itemized written statement of the
amount of the security deposit received, of the disposition of the security
deposit and the basis for any such disposition of the security deposit;
Bayside Village will return any remaining portion of the security deposit to
Resident.
7. CONDITION AND MAINTENANCE OF PREMISES: The taking possession of the suite
by Resident shall be conclusive evidence that the suite, including all
equipment and fixtures, were then clean and sanitary and in good order and
condition. Resident shall, throughout the term hereof, keep the suite in
good, clean and sanitary order and condition and surrender them to Bayside
Village in as good condition as they are on the date of this Lease,
reasonable wear and tear and damage by the elements excepted. Resident agrees
to notify Bayside Village of any defects, dilapidations or dangerous
conditions in and about the suite and to promptly reimburse Bayside Village
for the cost of any repairs to said suite, or the equipment or personal
property subject to this Lease, caused by negligence or misuse of the suite
of or by Resident or of any of Resident's invitees, licensees or guests.
Bayside Village may make, when needed in Bayside Village's opinion, any
repairs, replacements or restorations in and about the suite or to any of its
fixtures or equipment. Resident shall not, without the prior written consent
of Bayside Village, make any such repairs, replacements or restorations.
Bayside Village shall not be required to make any repairs except as expressly
provided by law, and Bayside Village shall in no event have any duty to make
any repairs prior to the expiration of a reasonable time following receipt of
written notice from Resident of the need therefor.
8. USE OF PREMISES: This suite is to be occupied by no more than four
persons. (a) The premises shall be used solely and exclusively for private
residence purposes, and shall be occupied only by the persons specified in
Resident's latest Lease/Rental Application approved by Bayside Village. (b)
Resident will not make or permit any use of the suite, or do or permit any
act, including the keeping of anything, in or about the suite, which,
directly or indirectly, will tend to injure the reputation of Bayside
Village, disturb any resident of the building in which the suite is located
or the neighborhood, violate any law, ordinance or regulation, or violate the
terms of or cause any increase in the rate under any insurance policy
governing or relating to the building in which the suite is located. (c)
Resident shall comply with all laws, ordinances and governmental regulations,
and with any direction of any public officer, pursuant to law, which shall
impose any duty upon or provide for or refer to any obligation of Resident
with respect to the suite or the occupation thereof.
9. RULES AND REGULATIONS: Resident agrees to comply with and observe all
building Rules and Regulations, a copy of which is attached to this Lease and
incorporated by reference in paragraph 29.
10. ALTERATIONS: Resident shall make no alterations (including painting and
decorating) in or additions of any kind to the suite or its fixtures or
equipment without Bayside Village's prior written consent, which Bayside Village
may condition in any manner, or may refuse, in accordance with its sole
determination, which shall be conclusive. All such alterations or additions
which may be approved by Bayside Village shall be at the sole cost of Resident,
and Resident agrees to hold Bayside Village harmless from all liabilities in any
way connected therewith. All additions, hardware, fixtures and improvements
placed in the suite by Resident or Bayside Village, shall Bayside Village's
property and shall remain upon the suite upon any termination of the term
hereof, unless Bayside Village as a condition of consenting to such
alteration or addition required that at the conclusion of the term hereof the
suite be restored to the condition existing prior to such alteration or
addition, in which event Resident shall comply with such condition.
11. RIGHT OF ENTRY BY BAYSIDE VILLAGE: On not less than 24 hours' advance notice
to Resident by Bayside Village, unless otherwise agreed to by Resident, Bayside
Village shall have the right to enter the suite during normal business hours for
the purpose of: (a) Making necessary or agreed repairs, decorations, alterations
or improvements; (b) Supplying necessary or agreed services; or (c) Showing the
suite to prospective or actual purchasers, mortgagees, tenants, workmen or
contractors. In case of emergency, or Resident's abandonment or surrender of
the suite, Bayside Village or its agent may enter the suite at any time without
securing Resident's prior permission. Bayside Village currently has a key to the
suite. Resident may not change the locks or add a lock without Bayside Village's
prior written consent. Any damage resulting from emergency entry shall be the
responsibility of the Resident if locks are changed or added and no key is
provided to Bayside Village.
12. PETS: Resident may keep no bird, animal, or reptile or pet of any kind in or
about the suite or the common areas.
13. UNTENANTABILITY: If the suite or the building in which the suite is located
is made untenantable by fire or other casualty, Bayside Village may elect: (a)
To terminate this Lease as of the date of the fire or other casualty by notice
to Resident within 30 days after that date, or (b) To repair and restore the
building or the suite. In such event the Lease shall not terminate and, unless
such fire or other casualty is due to the negligence or misconduct of Resident
or any other person in the suite with Resident's permission, such repair and
restoration shall be at the expense of Bayside Village and rent shall be abated
on a per diem basis while the suite is untenantable.
Page 1 of 2
14. INDEMNIFICATION OF BAYSIDE VILLAGE: Bayside Village shall not be liable, and
resident, to the maximum extent permitted by law, waives all claims, and agrees
to indemnify Bayside Village for any liability arising before termination of
this Lease, and any loss, claim, cause of action, cost or expense, including
attorneys' fees, for personal injuries or property damage caused by the
negligent, willful, or intentional conduct of Resident or any other occupant of
the suite or of their guests or invitees. This indemnification agreement does
not waive Bayside Village's duty of care to prevent personal injury or property
damage to the extent that duty is imposed by law.
15. SUBLETTING OR ASSIGNMENT: Resident shall not assign this Lease or any
interest under it, or sublet the suite or any part thereof, or permit the use or
occupancy of the suite or any part thereof by any one other than Resident and
the other occupants named in Resident's latest Lease/Rental Application approved
by Bayside Village.
16. UTILITIES AND SERVICES: (a) Resident shall arrange for and pay all charges
incurred for the furnishing of electrical, cable television and telephone
service to the suite, including any deposits required for such services. (b) In
the event of any failure or interruption of any service in or to the suite, or
in or to the building in which the suite is located, for any reason beyond the
reasonable control of Bayside Village, then, to the maximum extent permitted by
law, any such failure or interruption of service shall never be deemed an
eviction or disturbance of Resident's use and possession of the suite, or render
Bayside Village liable to Resident for damages, or relieve Resident from
performance of Resident's obligations under this Lease, or entitle Resident to
an abatement of rent or parking rent.
17. JOINT AND SEVERAL TENANCY: If more than one person executes this Lease as
Resident, their obligation hereunder are joint and several, whether or not such
Resident is in actual possession of the suite, and any act or notice of or to,
or refund to, or the signature of, any one or more of them, in relation to the
extension or termination of this Lease, or under or with respect to any of the
terms hereof, shall be fully binding upon each and all of the persons executing
this Lease as Resident.
18. EVENTS OF DEFAULT: Resident shall be guilty of a material breach of this
Lease should Resident: (a) Fail to pay any rent or other sum payable under this
Lease on the date it becomes due; (b) Default in the performance of or breach
any provision, term, covenant or condition of this Lease; (c) Vacate or abandon
said suite before expiration of the full term of this Lease, or any extension
thereof; (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.
19. REMEDIES: In the event Resident is guilty of a material breach of this Lease
as defined in paragraph 18 of this Lease, Bayside Village, in addition to any
other right or remedy allowed by law or provided for in any other section of
this Lease, may, if Bayside Village so elects, forthwith terminate Resident's
right to possession of the suite and terminate this Lease. In the event Bayside
Village commences litigation against resident to enforce any of the provisions
of this agreement, resident shall pay to Bayside Village reasonable attorneys'
fees and court costs actually incurred, whether or not the matter is pursued to
Judgment. Upon any termination of this Lease, whether by operation of law or at
the election of Bayside Village, as above provided, Bayside Village may recover
from Resident all sums to which Bayside Village is entitled under section 1951.2
of the California Civil Code and otherwise, including the worth at the time of
the award thereof to Bayside Village, computed as provided in said section
1951.2, of the amount by which the unpaid rent for the balance of the full term
hereof after the time of such award exceeds the amount of such rental loss for
the same period that Bayside Village proves could be reasonably avoided. If
Resident abandons or vacates the suite, while in default of the payment of rent,
Bayside Village may consider any property left in the suite to be abandoned and
may dispose of the same in any manner allowed by law.
20. NO WAIVER: The failure of Bayside Village in any case to enforce or insist
upon strict performance of any provision of this Lease, including the building
Rules and Regulations, shall not prevent a subsequent act, which would have
originally constituted a violation or default hereunder from having all the
force and effect of an original violation or default. The receipt by Bayside
Village of rent with knowledge of the breach of any provision of this Lease,
including the building Rules and Regulations, shall not be deemed a waiver of
such breach. No provision of this Lease shall be deemed to have been waived by
any act or conduct by Bayside Village, unless such waiver be in writing signed
by Bayside Village. No payment by Resident or receipt by Bayside Village of a
lesser amount than the monthly installment of rent herein stipulated shall be
deemed to be other than on account of the rent earliest due, and Bayside Village
may accept any payment without prejudice to Bayside Village's right to recover
any other sums due from Resident or pursue any other remedy provided in this
Lease, regardless of any endorsement or statement accompanying such payment.
21. SUBORDINATION: This Lease is subordinate to all recorded covenants and
conditions which now affect, and to all ground or underlying leases, mortgages
or deeds of trust which may now or hereafter affect, the real property of which
the suite forms a part, including leases, mortgages and deeds of trust which
cover said real property and other suites as a blanket lien or otherwise, and to
all renewals, modifications, consolidations, replacements and extensions
thereof. This cause shall be self-operative and no further instrument or act
shall be required effectuate such subordination, but in confirmation of such
subordination, Resident shall execute promptly any certificate or other document
which Bayside Village may request.
22. SMOKE DETECTOR: Resident acknowledges that the suite is supplied with a
smoke detection device. During the term of this Lease, and any extensions, it
shall be Resident's responsibility to regularly test said device to ensure that
it is in operable condition. Resident shall promptly inform Bayside Village in
writing of any defects, malfunction, or failure of said device and upon receipt
of said notice, Bayside Village shall promptly make any repairs necessary to
maintain said device in proper working order, at no charge to Resident.
23. NOTICES: Except as otherwise in this Lease provided, any notice by Bayside
Village to Resident shall be in writing and shall be deemed to be duly given if
and when it is delivered personally to Resident, or sent by registered or
certified mail addressed to Resident at the suite, or left at the suite. Any
notice by Resident to Bayside Village shall be in writing and shall be deemed to
be duly given if it is signed by Resident and delivered personally to Bayside
Village's manager at the management office at Bayside Village at Three Bayside
Village Place, San Francisco, California, or sent by registered or certified
mail addressed to Bayside Village at said management office. Bayside Village may
change its address for purposes of this paragraph by giving written notice of
the change to Resident in the manner provided in this paragraph.
24. BINDING ON HEIRS AND SUCCESSORS: This Lease shall be binding on and shall
inure to the benefit of the heirs, executors, administrators, and successors of
the parties hereto, but nothing in this paragraph shall be construed as a
consent by Bayside Village to any assignment or subletting of this Lease by
Resident.
25. MISCELLANEOUS: (a) Each and every term, covenant and agreement herein
contained shall be deemed a condition hereof. (b) All amounts (other than
rent and late charges) owed by Resident to Bayside Village hereunder shall be
paid within 10 days from the date Bayside Village renders statements of
account therefor. All amounts (other than rent and late charges) owed by
Resident to Bayside Village, if not paid when due, shall bear interest from
the due date until paid at the rate of 10% per annum, or if a higher rate is
legally permissible, at the highest rate legally permitted. (c) Any riders
attached to this Lease and signed by Bayside Village and Resident are hereby
made a part of this Lease as though inserted in this lease. (d) This Lease,
including provisions and riders above made a part hereof, contains the entire
agreement between the parties and all prior negotiations and agreements are
merged herein. Neither Bayside Village nor Bayside Village's agents have made
any representations or promises, with respect to the suite or the building in
which the suite is located or otherwise, except as expressly set forth in the
Lease. This Lease may be modified in writing only, signed by Bayside Village
and Resident.
26. CONVERSION TO A MONTH-TO-MONTH TENANCY: IMMEDIATELY UPON THE EXPIRATION OF
THE TERM OF THIS LEASE, THE TENANCY SHALL AUTOMATICALLY CONVERT TO A
MONTH-TO-MONTH TENANCY UNLESS EITHER PARTY PRIOR TO SUCH EXPIRATION OF THE TERM
OF THE LEASE, GIVES THE OTHER PARTY AT LEAST 30 DAYS' NOTICE IN WRITING THAT
SUCH PARTY WILL NOT RENEW THE TENANCY ON A MONTH-TO-MONTH BASIS. ANY HOLDING
OVER AFTER EXPIRATION OF THE TERM OF THIS LEASE, WITH THE CONSENT OF BAYSIDE
VILLAGE, SHALL BE CONSTRUED AS A MONTH-TO-MONTH TENANCY IN ACCORDANCE WITH THE
TERMS HEREOF, AS APPLICABLE. AT LEAST 30 DAYS PRIOR TO THE EXPIRATION OF THIS
LEASE, BAYSIDE VILLAGE SHALL NOTIFY THE RESIDENT IN WRITING OF ANY POTENTIAL
CHANGES IN THE RENTAL RATE OR ANY OTHER TERMS OF THIS LEASE.
27. MONTH-TO-MONTH TENANCY: IN THE EVENT RESIDENT BECOMES A MONTH-TO-MONTH
TENANT, SAID TENANCY MAY BE TERMINATED BY THE RESIDENT ONLY BY GIVING THIRTY
(30) DAYS WRITTEN NOTICE OF INTENT TO TERMINATE THE TENANCY.
28. MANAGER AND AGENT OF BAYSIDE VILLAGE: The person authorized to manage the
premises is Xxxxx Xxxxxx, Three Bayside Village Place, San Francisco,
California. The person authorized to act for and on behalf of Bayside Village
for the purpose of service of process and for the purpose of receiving and
receipting for all notices and demands is Xxxxx Xxxxxx, Resident Manager,
Bayside Village, Three Bayside Village Place, San Francisco, California.
29. INCORPORATED INSTRUMENTS: This Lease incorporates by reference as if written
herein other terms and conditions contained in the following instruments,
receipt of a copy of each of which instruments Resident hereby acknowledges: _X_
Lease Agreement, _X_ Suite Move-In Condition Form, _X_ Rules and
Regulations, ___ Addendum to Residential Lease, _X_ Resident Handbook, ___
_____________________________________.
NOTICE: THIS LEASE CONTAINS A PROVISION FOR THE AUTOMATIC RENEWAL OR EXTENSION
OF YOUR TENANCY.
IN WITNESS WHEREOF, Bayside Village and Resident have executed duplicate
originals of this Lease on the respective dates set forth below and Resident
acknowledges receipt of a duplicate original of this Lease.
/s/ Xxxxx Xxxxx - CEO 5-3-99 /s/ Xxxxxxx Xxxxxx, Secretary 5/3/99
--------------------------------------------- ------------------------------------
Xxxxx Xxxxx - Chief Executive Officer Date Xxxxxxx Xxxxxx - Date
Secretary
--------------------------------------------- ------------------------------------
Resident Date Resident Date
BAYSIDE VILLAGE ASSOCIATES, a partnership
By /s/ Xxxxx Xxxxxxxx Date: 5-7-99
------------------------------------------ ------
Bayside Village Associates
Page 2 of 2
