RENTAL AGREEMENT
THIS AGREEMENT, entered into this 8th day of September, 1997 between Xxxx May
hereinafter referred to as "Management" and iVillage, a Corporation, hereinafter
referred to as "Resident."
Management does hereby rent to Resident(s), Apartment Number 928 located at 000
Xxxxxxx Xxxxxx and Downstairs studio California, on a month-to-month tenancy and
under to following terms and conditions.
TERM, RENT AND DEPOSIT
1. It is agreed that the monthly rental shall commence on the 15th day of
September, 1997.
2. Resident(s) agreed to pay rent to Management for each month, in advance, by
check or money order, but not in cash, on the first day of each month,
during the full term of this rental agreement the sum of $2590.00 for the
apartment as described (gas, electricity and telephone are not included).
In addition to all other payment s required of Resident(s) hereunder.
Resident(s) agrees to pay the following:
$2590 Security Deposit (to secure faithful performance of Rental Agreement)
$______ Key Deposit
$______ Pet Deposit
$______ Other deposit for ______________________________ .
3. Resident(s) understands that adjustments in rental rates are inevitable.
Management reserves the right to increase of adjust rental rates based on
market conditions, operating costs, expenses, finance costs, or any other
factor at the sole discretion of the Management.
The frequency of increases will be set by Management and Resident(s) will
receive at least sixty (60) day notice in advance of any rental rate
change.
4. RESIDENT(S) AGREES TO PAY LATE CHARGES ON ALL RENT NOT PAID BY THE FOURTH
(4th) OF THE MONTH. LATE CHARGES WILL BE $10.00 PLUS $2.00 FOR EACH
ADDITIONAL DAY (AFTER FOURTH (4th) OF THE MONTH) THAT THE RENT IS LATE. IN
ADDITION, IF ANY CHECKS ARE RETURNED BY THE BANK FOR ANY REASON, THERE WILL
BE A FURTHER CHARGE OF $25 FOR EACH CHECK.
5. Resident(s) agrees that 2 payments of late rent, specifically, rent that is
received on or after the 2nd calendar day for 2 consecutive months, will
cause rental payments to be made on a bi-monthly basis, or, 2 months in
advance. Resident(s) agrees to this change upon 30 days notice from
Management. All other terms and conditions of this Rental Agreement remain
unchanged. All notices pursuant to law or this rental Agreement will
continue to be given on the basis of a month to month tenancy, including
but not limited to a notice of termination of tenancy from the Management
to the Resident(s). This notice will continue to be required as a 30 day
notice by either party.
AGREEMENTS REGARDING OCCUPANCY
6. Resident(s) shall not sublet or assign this apartment without the prior
written consent of Management. Said premises are to be occupied solely as
housing accommodations by (no limit) adults and (no limit) children only,
and for no other purpose whatsoever. In the event of additional occupants
added as Resident(s) under this agreement without written consent of
Management, then the Resident(s) agrees to pay the sum of $25.00 per day
for each additional occupant.
7. Resident(s) shall keep said premises in a good state of preservation.
8. Resident's absence from the premises for fourteen (14) consecutive days,
while all or any other portion of the rent is unpaid, shall be deemed an
abandonment of said premises, and the tenancy shall, at the option of the
Management, terminate without further notice in such event. Management may
dispose of all Resident(s) property remaining on said premises and re-rent
said premises without any liability to Resident(s) whatsoever as provided
by law.
9. Resident(s) agrees at the commencement of this rental agreement that the
apartment is clean and in good condition and repair. Resident(s) agrees to
leave the apartment in a reasonably clean condition and repair when
vacating, it being understood that Resident(s) shall not be responsible for
reasonable wear and tear (due solely to the passage of time), acts of God
and the elements.
10. Resident(s) agrees not to keep any animal, bird, fowl, pet or piano in the
apartment without written consent of Management, and only after paying to
Management an additional deposit as required and after complying with any
pet policies in effect at that time.
11. Violation by Resident(s) of any applicable ordinance or statute shall be
deemed sufficient cause for termination of tenancy. Resident(s)
representations made in the rental application shall be considered
inducement to Management to execute this agreement. Misrepresentations in
the application shall be considered as cause to terminate this agreement.
Each and every term, covenant and agreement herein contained shall be
deemed a condition hereof. Management would not have entered into this
agreement except in sole reliance that Resident(s) shall fully perform each
and every condition. No oral agreement have been entered into and this
Agreement shall not be modified unless such modification is reduced to
writing. Waiver by Management of any singular breach of any singular term
or singular condition of this Agreement shall not constitute a waiver of
subsequent breaches. Time shall be of the essence of this Agreement. The
invalidity or partial invalidity of any provision of this Agreement shall
not render the remainder of the Agreement invalid or unenforceable.
12. All prorations or rent shall be made based on the number of days in the
particular month to be prorated for partial occupancy, except in the case
of an unlawful detainer where rent shall be prorated on the basis of a 30
day month.
13. Resident(s) agrees not to make any alteration, installations, repairs or
redecorations of any kind whether permitted by law or otherwise to the
premises without written permission by Management. Any items attached to
the walls or woodwork, including shelving, brackets, hooks, chainlocks, but
excluding pictures and art objects, are to remain as the property of the
building.
14. Resident(s) acknowledges that the leased premises and the building of which
the leased premises is a part is not a "security" building. Management
makes no representations nor warranties that the leased premises of the
building of which the leased premises are a part is secure from theft or
any other criminal activity perpetrated by any Resident(s) or others.
Security officers to the extent that they may be on the premises or other
security facilities provided by the Management are for the Resident(s)
convenience only, and Management makes no warranty or representations as to
the effectiveness of any such security officers or facilities as a
deterrent against any criminal activity, damage, or injury to Resident(s)
or any invitee of the Resident(s) or the personal property of the
Resident(s) or any invitee of the Resident(s).
15. Management shall not be liable to Resident(s) or to any other person who
suffers damage, nor shall Management be deemed in default hereunder for any
interruption or reduction in utilities or services caused by other than
Management and due solely to its negligence. Resident(s) shall not be
entitled to any statement of rent by reason of any such interruptions of
utilities or service and/or any reduction or utility service.
16. Resident(s) agrees to comply with any energy conservation programs
implemented by Management.
17. Absent specific written instructions to the contrary, Resident(s) hereby
grants to Management authorization to enter the leased premises subject to
the following conditions
a. By having requested maintenance service within the unit.
b. By receipt of a 24 Hours Notice from Management requiring entry to the
unit.
2
c. Emergency situations where a notice is clearly impractical.
d. Verify continuing occupancy if rent is unpaid and it is believed tat
the Resident(s) has vacated the premises.
e. To show the premises for the purpose of re-leasing after a Notice to
Vacate has been given by the Resident(s) to Management.
TERMINATION OF TENANCY
18. RESIDENT(S) AGREES TO DELIVER TO MANAGEMENT WRITTEN NOTICE OF INTENTION TO
VACATE AT LEAST SIXTY (60) DAYS PRIOR TO THE TERMINATION OF HIS/HER
TENANCY.
19. Management will inspect the premises, setting the requirements for
janitorial, cleaning, carpet steam cleaning, drapery dry cleaning, and
interior repainting, upon termination of tenancy to determine whether there
are any charges to the Resident(s) with regard to the deficiencies in the
condition of the apartment. Resident(s) may be present during this
inspection. In the event there is any charge to the Resident(s), security
deposit will be used to offset Management's charges and the balance will be
refunded to the Resident(s) or if said security deposits are insufficient
to cover the charges, Resident(s) shall promptly pay any deficiency.
Management's obligations with respect to the cleaning and security deposits
are those of a debtor and not a trustee: said deposits shall not bear
interest and can be commingled with Management's general funds.
20. Thirty (30) days prior to the expiration of this Agreement, or in the event
Resident(s) terminates his tenancy as herein provided, Management shall
have the right to immediately show said premises to prospective
Resident(s) at times convenient to the Resident(s).
21. Resident(s) agrees that a hold over tenancy past the ending date of a
proper notice to terminate by either party shall be a hold over tenancy
commencing with the first (1st) day after the expiration of the notice
period, and that the rental rate shall be at a rate of TREBLE the then
current rate until the apartment is vacated.
22. Resident(s) agrees to pay costs for cleaning and refurbishing the apartment
and returning said apartment to the condition in which it was delivered to
Resident(s), plus a factor of 20% to offset overhead cost of Management,
the actual amount of which it is impractical to ascertain. This charge is
intended to offset costs incurred by Management contracting and supervising
the refurbishing work, for which the Resident(s) is responsible.
23. Resident(s) understands and agrees that a charge of $7.50 will be assessed
against each apartment for the purpose of re-keying locks.
24. Any refund of deposits will be made jointly in the made of the Resident(s)
of record at the time of termination of tenancy and that any sharing or
division of the settlement __________ these deposits among the Resident(s)
shall be the responsibility of the Resident(s) not the Management.
INSURANCE-LIABILITY
25. Resident(s) understands and agrees that any insurance in effect for the
premises does not cover property, possessions or personal liability of
Resident(s) or their invitees. Resident(s) desiring insurance protection
against fire, theft, or other catastrophies should consult their personal
insurance agents.
26. It is agreed that Management at its sole option may terminate this Rental
Agreement immediately where and when a destruction of the premises has
occurred and the ______ or restoration of said premises cannot be
reasonably completed within 7 days after the t is commenced, or where the
loss is not covered by the Management's then in effect _______ and extended
insurance policy.
3
27. Resident(s) releases Management from any liability for loss or damage to
Resident(s) property while stored on the said premises. No property shall
be stored outside the apartment unit without the prior written consent of
Management. Any property so stored shall be removed from the premises
immediately upon termination of tenancy. In the event that such property is
not so removed, Management may dispose of same without any liability of
Resident(s) whatsoever as allowed by law.
28. Resident(s) shall not cause, suffer or permit any act to be committed which
will increase the existing sale of insurance upon the building in which the
leased 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 leased premises which may be prohibited to be
kept by the standard lease form. Local government codes or any provision of
the insurance policy then in effect.
The undersigned agrees to indemnify and hold harmless Management from and
against any and all claims arising out of Resident(s) use of the premises
or any part thereof by its guests, invitees, or visitors or any active
negligence of Resident(s), its agents, servants or invitee or any guest
Resident(s) and in each case from and against any and all damages losses,
liabilities, lawsuits, judgements and costs or expenses (including without
limitation reasonable attorney's fees) arising in connection with any such
claim or claims as described herein.
DEFAULT AND REMEDIES
29. In the event of default by Resident(s), Resident(s) agrees to pay all
costs of collection or enforcement of any form of this agreement
whether or not suit or recovery is filed, including but not limited to
reasonable attorney's fees and all charges for services for but not
limited to any notices, court costs, filing fees, attorney's fees,
interest, discounts for assignment to collection agencies.
30. In the event that it is necessary for either party to retain an attorney
or to bring suit to enforce this Agreement, the prevailing party shall
be entitled to all attorney's fees and court costs reasonable required
to enforce the Agreement, whether or not suit is filed. These costs
include, but are not limited to, attorneys fees, court costs,
miscellaneous legal charges, copying charges, courier fees, etc.
Interest shall accrue at a rate of 10% per annum on any unpaid amount
due, until said amount is fully paid.
NOTICES
31. Management employs from time to time management agents who are
authorized to act for and on behalf of the Management for the purposes
of services of process and for the purposes of receiving and receipting
legal notices and demands Resident(s) agrees to recognize and deal
through these agents only.
32. The name of the person authorized to manage the premises and further
authorized to act for and on behalf of the Management for the purpose
of service of process and receiving and receipting notices and demands
is
Xxxx May
0000 Xxxxx Xxxxxx xxxx
Xxxxx Xxxx, XX 00000
000-000-0000 (Home telephone and fax)
or the Resident(s) Manager at any time whose
address is the on-site Rental Office.
33. It is agreed that any notices which may be given from time to time by
Management to Resident(s) or that are required to be given under the terms
of this Agreement or under the terms of law, may be served to the
Resident(s) at the address of the rented premises, or by mailing first
class mail, postage prepaid to the Resident(s) at the address of the rental
premises.
MISCELLANEOUS
34. Resident(s) hereby acknowledges that any flat roofs, or portions of roof
area, adjacent to the rented premises are not designed to 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
4
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 shall be repaired, and Resident(s), in accordance with
the Rental Agreement, will be held responsible for, and will promptly pay
for the costs of the repairs.
35. If a fire protection device such as a smoke alarm of smoke detector is
installed within the unit, upon taking occupancy the Resident(s) assumes
responsibility for the maintenance of said device. This maintenance shall
include smoke detectors and fire extinguishers. 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.
36. All Resident(s)s should be aware that storage of firewood, or other storage
item on patios, decks, and entry ways may cause damage to the building, and
any such damage is the responsibility of the Resident(s). Resident(s)
agrees to take precautions to prevent, remedy default if noticed, and pay
Management the cost of repairs.
37. Resident(s) acknowledges receipt of
_____________________ keys for____________________
_____________________ fire extinguisher(s)
_____________________ apartment door keys
_____________________ mail box keys
_____________________ smoke alarms
_____________________ TV cable
_____________________ ____________________________
_____________________ ____________________________
38. The undersigned acknowledges and understands that a large artificial
landscape waterway and lake is, or may be, constructed and maintained
throughout this project. The undersigned recognizes the presence of this
hazard for children and unsupervised minors, invitees, etc., and the
necessity for proper and adequate supervision by the Resident(s) of all
such persons in the area of this lake or waterway.
39. Resident(s) agrees to use designated parking space exclusively for the
parking of motor vehicles, including automobiles, motorcycles and pickup
trucks, but excluding trailers of any kind, boats, campers, buses or trucks
larger than a one-ton pickup or vehicles with commercial markings.
40. Each of the parties hereto acknowledges receipt of an executed duplicate
copy of this rental Agreement. All Resident(s) shall sign this agreement
and shall be jointly and severally liable thereunder, and any subtenant or
guest, whether or not considered to be by Management, by taking occupancy,
shall be deemed to have knowledge of and to have consented to the terms of
this Agreement.
/s/ JPM 9/8/97
----------------------------- -----------------------------------
Resident Date Management Date
/s/ Xxxxxxx Xxxxxxxxx 9/10/97
----------------------------- -----------------------------------
Resident Date Resident Date
-----------------------------
Resident Date
5
September 11, 1997
Xxxxxxx Xxxxxxxxx
CEO
iVillage
000 Xxxxx Xxxxxx, 0xx Xxxxx
Xxx Xxxx, XX 00000
Xxxx May
000 X. Xxxxx Xxxx, Xxxxx 000
Xxx Xxxxx, XX 00000
Re. 928 Waverly Lease
Attached is a copy of the signed lease. Also enclosed is the check for
$3885.00, which represents our security deposit and September's rent.
In addition, the following agreements are a part of the lease:
1. The bookshelf in the living room is to be moved to the office space.
2. The sliding doors below the kitchen sink are to be painted to match the
rest of the kitchen and touch-ups will be made to cabinet paint in the
kitchen where applicable.
3. The kitchen counter top will be replaced with a white formica top (2
counter tops, next to refrigerator and above sink.)
4. The paint is to be removed (scraped) from all windows where applicable.
5. All work is to be completed on or before September 20, 1997
We understand and agree to the facts outlined above in this second Addendum to
the Rental Agreement referenced above.
/s/ Xxxxxxx Xxxxxxxxx
-------------------------------
-------------------------------
FAX COVER SHEET
DATE: September 11, 1997
TO: Xxxxxxx Xxxxxxxxx Via Fax - 000-000-0000
COMPANY: iVillage
FROM: Xxxx May, Los Gatos
CC: Xxxxx Xxxxx Via Fax - 000-000-0000
RE: 928 Waverley Lease Addendum
PAGES (including cover). 4
Attached is a copy of the revised executed lease of the above referenced
property by iVillage for a period of two years. The rental payment for the first
month will be the Security Deposit along with September's rent, or $3885. Rent
is due on the first for future months. Usually I ask for last month's rent also,
however given out discussions I am waving this requirement.
As part of your year lease I am having the following work completed.
1. Carpeting of the living room, dining room, two bedrooms with Karastan
Belladona carpet, cuddle color or an equivalent carpet.
2. The entry way will be recarpeted with a more durable yet good quality
carpet of a similar color.
3. A light formica top will be placed on the kitchen sink counter.
4. The dark woodwork and rear door will be painted the color of Empress
Ivory semi-gloss or an equivalent color.
5. The front porch floor will be repainted with a deck paint that is a
lightly darker color so as not to show any dirt.
6. All excess furniture will be removed.
7. Replaced the light fixture in the dining room with Copper Verde
fixture from Restoration. You are to provide that fixture along with
two others. I will reimburse you for the three. If you desire to
purchase additional fixtures, I will
pay to have them installed if they are on the site at the time that
the existing fixture is removed (next Monday, 9/15/97).
8. On October 1, 1998 I-Village will pay the actual cost of repairs and
improvements needed that is over the $4,000 I am willing to
contribute.
9. All debris will be removed from around the house.
This work will be completed by 9/20 at the latest.
In addition the following agreements are a part of this lease:
1. I-Village may sublet with my approval of the tenant which will not be
unreasonably withheld.
2. I will inform Xxxxxxx Xxxxxxxxx about any possible interest in selling the
property before it is formally listed or advertised so that she may discuss
possibly purchasing the property.
3. At a future date determined by iVillage I will entertain making
improvements to the studio/office area in cooperation with iVillage. My
responsibility may be that of long-term generic improvements to the space
to the extent that I am able to economically. IVillage will be responsible
to those improvements that are tailored to the needs of iVillage.
This is my best attempt at summarizing the numerous discussions I have had with
Xxxxxxx and Xxxxx. Please let me know if there are any corrections or addition.
Please acknowledge below your agreement with these additional points.
Beat regards.
We understand and agree to the facts outlined above in this Addendum to the
Rental Agreement referenced above.
/s/ Xxxxxxx Xxxxxxxxx
----------------------------
----------------------------
8
