Merged Tamperproofed
Merged Tamperproofed
1. PROPERTY: Commonly known as Bella Villagio ("Property" or "Community"). The Property location and contact information is:
Address:
383 Vista Roma Way, San Jose, CA, 95136
Phone Number: Email:
(408) 224-3330 bellavillagio@essex.com
Website:
http://bellavillagioapts.com
2. LEASED PREMISES: Landlord rents to Resident the Premises located at 375 Vista Roma Way #03-122, San Jose, CA 95136
(“Leased Premises”, “Premises”, or “Unit”) for use as a residence and for no other purpose.
3. RESIDENT(S) AND OTHER AUTHORIZED OCCUPANTS: All occupants 18 and over must be identified in this paragraph, sign
this Lease and are jointly and severally responsible for all obligations of Resident under this Lease.
Resident: Phone Number: Email:
Carlos Andres Bedoya (408) 826-5439 bedoya90andres@gmail.com
Morales
Resident: Phone Number: Email:
Cristian Camilo Cagua (669) 317-6532 caguacamilo@gmail.com
Fonseca
Resident: Phone Number: Email:
Monica Ardila Moreno (408) 775-1702 monik.ardila16@gmail.com
Resident: Phone Number: Email:
Karem Dahiana Riapira (669) 261-9069 dahianariapira@gmail.com
Morales
Resident: Phone Number: Email:
Daniel Camilo Sanchez (669) 290-8412 danielsan.950925@gmail.com
Arguello
Resident: Phone Number: Email:
Authorized Occupants other than Resident: Domenic Andruan Sanchez Riapira, Montserrat Bedoya Ardila (“Authorized
Occupants”).
(b) Resident understands that, for reasons beyond the control of the Landlord, Landlord may not be able to provide occupancy to
Resident on said Commencement Date. If, for any reason, Landlord is unable to provide occupancy to Resident by the scheduled
Commencement Date, Resident's remedy in this event shall be limited to termination of this agreement and prompt refund of
any moneys paid. Landlord shall have no liability to Resident in this event other than the responsibility to promptly refund any
moneys paid.
5. HOLDING OVER: UNLESS ANOTHER LEASE IS SIGNED BY THE PARTIES HERETO OR UNLESS WRITTEN NOTICE OF
ELECTION NOT TO RENEW IS GIVEN BY EITHER PARTY THIRTY (30) DAYS BEFORE THE EXPIRATION OF THIS LEASE,
THIS LEASE SHALL BE AUTOMATICALLY RENEWED FOR SUCCESSIVE 12 MONTHS TERMS, AND SHALL NOT BECOME
MONTH-TO-MONTH UNLESS THE INITIAL TERM IS MONTH-TO-MONTH, SUBJECT TO AMENDMENT BY LANDLORD AS
a. Damages that are not due to ordinary wear and tear and are not listed on the Move-In Inspection Report (see Cleaning
Guidelines in Community Handbook);
b. Charges for late payment of rent and returned checks; and
c. Unpaid amounts owing to Landlord, including, but not limited to, monthly base rent, unpaid utility bills and any related
administrative costs, charges for unreturned keys and access devices, amounts outstanding under any other
agreements between Landlord and Resident which contemplate use of the Security Deposit in the event of a default.
(c) Resident may not use any portion of the Security Deposit toward the last month's rent.
(d) Landlord's right to possession of the Premises for Resident's default shall not be in any manner limited because Landlord holds
or applies the Security Deposit, or any portion thereof;
(e) Subject to applicable law, Landlord shall not be obligated to pay Resident interest in connection with the Security Deposit.
(f) The Security Deposit is applicable to all Residents jointly, and need not be accounted for until the permissible statutory period
after such time as all Residents have vacated the Premises, which requires the return of possession of the Premises to Landlord,
return of the keys and provision of Resident's new address to the Landlord. If Landlord does not have the Resident's forwarding
address, the Security Deposit will be sent to the Resident's last known address.
(g) Any refund due will be made payable jointly to all Residents and it shall be the responsibility of all Residents to work out between
themselves the manner of dividing the Security Deposit.
(h) If the Security Deposit is later increased by agreement of the Parties for any reason, the additional Security Deposit will be
disbursed by Landlord in accordance with this paragraph at the end of the statutory period following the end of the Resident's
tenancy. Removal of cause for the increase in the deposit, will not be grounds for early disbursement of the Security Deposit.
9. PERMITTED OCCUPANTS:
(a) The Premises shall be occupied only by the Resident(s) and the Authorized Occupants set forth in Paragraph 3. Any person
who is not listed in Paragraph 3 is a "Guest." A Guest may not stay at the Premises for more than seven (7) consecutive days,
or a total of fourteen (14) days in a 12-month period, without written permission from Landlord. Guests who stay longer than
these limits are considered unauthorized occupants, and their continued occupancy is a material breach of the Lease. Resident
is responsible for ensuring that any person who becomes an adult occupant of the Premises (after the commencement of the
Lease term) reviews the terms and conditions of the Lease, including the Proposition 65 Warning in Paragraph 20, and works
with Landlord to be added to Paragraph 3. Resident is responsible for any violation of this Lease by Resident's Guest(s). No
other persons have permission to occupy the Premises unless such permission is in writing and signed by Landlord or its
authorized agent.
(b) The acceptance of rent from any other individual shall be deemed to be the payment of rent on behalf of the Resident named
in Paragraph 3, and shall not constitute permission for the person making the payment to occupy the Premises.
(c) Should any person not named above in Paragraph 3 make any claim to right of possession of the Premises, such person shall
be deemed the guest or invitee of the named Resident and, at Landlord's sole option, their claim to right of possession may be
denied.
(d) The Authorized Occupants identified in Paragraph 3 shall be deemed to occupy the Premises under the named Resident who
are signatory to this Lease and shall thus be deemed the invitee of said named Resident. Accordingly, should any such
individual not be named in any unlawful detainer action to regain possession of the Premises, and should any such individual
thereafter make a claim to right of possession of the Premises, that claim shall be denied on the basis that said individual is
the invitee of the named Resident and does not have an independent claim to right of possession of the Premises.
(e) Resident understands that the number of occupants cannot exceed Landlord's occupancy standards for the floorplan of the
Premises, which generally is no more than two persons per bedroom plus one additional person. If the household composition
changes such that the number of occupants exceeds this occupancy standard, Resident agrees that such over-utilization shall
be grounds for Landlord to terminate this Agreement, solely at Landlord's option.
10. UTILITIES: Resident is responsible for utilities as set forth in the Utilities Addendum attached to this Lease.
11. JOINT AND SEVERAL LIABILITY AND AUTHORITY: All persons signing this Lease as Resident shall be jointly and severally
liable for all obligations under this Lease, whether or not they remain in actual possession of the Premises. The giving by any
individual Resident of a notice of termination of tenancy shall not terminate the Lease as to that Resident unless all Residents vacate
the Premises by the agreed date. Landlord may, however, treat any such notice as a notice binding against all Residents of the
Premises, and may institute unlawful detainer proceedings against all Residents in the event that they do not restore possession of
the Premises to Landlord on or before the end of the notice period. Conversely, Landlord may, at its sole option, in the event that
one or more Resident gives notice but all Residents do not return possession of the Premises to Landlord within the notice period,
continue the tenancy in effect and, if Landlord does so, all Residents, including the Resident giving notice, shall remain fully liable
for all obligations arising under this Lease whether or not they remain in occupancy of the Premises.
(ii) Molted bed bug skins, white, sticky eggs, or empty eggshells.
(iii) Very heavily infested areas may have a characteristically sweet odor.
(iv) Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping. However, some people
do not show bed bug lesions on their bodies even though bed bugs may have fed on them.
(f) More Information: For more information, see the Internet Web sites of the United States Environmental Protection Agency and
the National Pest Management Association.
(g) This Agreement requires Resident to cooperate fully with Landlord in the prevention and treatment of any infestation, including
the duty to report any signs of infestations. Prompt treatment and Resident cooperation is important when battling bed bugs.
Early reporting allows the pests to be identified and treated before the infestation spreads. As a tenant, Resident is the first line
of defense against bed bug infestations and should create living environments that deter bed bugs. Resident cooperation is
shown to expedite the control of bed bugs and to prevent spreading of infestation. This includes reducing unreasonable
amounts of clutter that creates hiding places for bed bugs, and regular checking of beds and laundering of linens.
15. ACCESS TO PREMISES: The parties agree that the provisions of Civ. Code § 1954 (and any other applicable statute or
amendments which might be enacted subsequent to the execution of this Lease) govern the rights and duties relating to Landlord's
access to the Premises. The parties further agree that Landlord or Landlord's agents may enter the Premises for any reasonable
business purpose at reasonable times. Resident agrees that, should Resident deny Landlord access to the Premises when Landlord
is in compliance with statutory requirements and entitled to access, any such denial of access shall be deemed a material breach of
this Lease.
16. MISSTATEMENTS ON APPLICATION: Resident has completed an application in connection with executing this Lease. Landlord
has relied upon the statements set forth in said application in deciding to rent the Premises to Resident. Resident agrees any
misstatements of fact in the Resident's application shall be deemed a material and incurable breach of this Lease.
17. RESIDENTIAL USE OF PREMISES: Resident agrees that the Premises are rented for residential use only unless the Parties have
executed a separate Live Work Addendum. Resident shall not use the Premises as a business address, nor shall Resident conduct
any business activities on the Premises. Conducting business activities includes, without limitation, using the Premises as a mailing
address for a business enterprise, having a business telephone line in the Premises, having business clients meet with Resident at
the Premises, having business stationery setting forth the address of the Premises as a business address, assembling or
manufacturing any product upon the Premises, or otherwise holding out the Premises as the address of any business. Resident
may, however, to the extent consistent with the restrictions set forth in this Paragraph, use a portion of the Premises as a "home
office." Nothing set forth herein shall be deemed as disallowing any use of the Premises that cannot be prohibited legally.
18. ASSIGNMENT AND SUBLETTING: Resident shall not assign this Lease nor sublet all or any part of the Premises. Permitting any
person to occupy the Premises who is not named as a Resident in this Lease or authorized to occupy the Premises pursuant to this
Lease shall be deemed an improper subletting of the Premises and shall subject the tenancy to termination. Use of home-sharing
or short-term rental websites is a violation of this Paragraph. Any attempted subletting or assignment in violation of this provision
shall be voidable at Landlord's discretion. Any assignment or subletting, including through home-sharing or short-term rental
platforms, may be treated by the Landlord as a non-curable material breach of this lease.
19. CONDITION OF PREMISES-ALTERATIONS: Resident has inspected and accepts the Premises, and all improvements, furnishings
and fixtures therein as being in good condition, and agrees to maintain the same in said condition. Any exceptions to Resident's
acceptance of the Premises must be set forth in the Move-In Inspection Report executed by the Resident and Landlord and
incorporated herein by reference. Resident agrees not to alter (including, but not limited to, installing cameras or security systems),
install fixtures or improvements in, install or remove major appliances (including but not limited to washer/dryer, dishwasher, etc.),
paint or redecorate the Premises or any part of the Property without the prior written consent of Landlord. Resident waives all rights
to make repairs at the expense of Landlord, except and only to the extent same cannot be waived by law. All costs of restoring the
Premises or Property to its prior condition resulting from Resident's violation hereof or violation by Resident guests or invitees shall
be paid by Resident within three (3) days after written demand for payment. For the purposes of safety and quiet enjoyment Resident
shall not install or use portable washers or dryers on the Premises without Landlord's prior written consent.
20. PROPOSITION 65 WARNING: The Premises as well as the common areas in and around the Community contain at least one of
the following chemical(s) known to the State of California to cause cancer and/or reproductive toxicity and for which warnings are
now required. These chemicals include, but are not limited to: tobacco smoke, lead and lead components, asbestos, formaldehyde,
pool chemicals, carbon monoxide, benzene, and gasoline or diesel engine exhaust. Based on these exposures, the following warning
is required:
WARNING: Building materials containing urea-formaldehyde resins, such as insulation, pressed wood materials, finishes, or
adhesives, on this property can expose you to chemicals including formaldehyde, which is known to the State of California to cause
cancer. Fireplaces, fire pits, barbeques, or unvented gas space heaters, natural gas-powered appliances, as well as exhaust from
motor vehicles in parking areas or from other maintenance equipment, on this property can expose you to chemicals including
carbon monoxide, which is known to the State of California to cause birth defects or other reproductive harm, and benzene, which
is known to the State of California to cause cancer and birth defects or other reproductive harm. Talk to your landlord or the building
manager about how and when you could be exposed to these chemicals in your building. For additional information go
to www.P65Warnings.ca.gov/apartments.
21. DUTY TO CLEAN AND VENTILATE: Resident hereby acknowledges that mold and mildew can grow in the Premises if the Premises
is not properly maintained and ventilated. Resident agrees to comply with the Mold Addendum which is attached to and a part of this
Lease.
22. LIABILITY/INDEMNIFICATION/HOLD HARMLESS:
(a) Landlord does not provide or guarantee a noise-free environment. Living in a community means that it is likely Resident will be
able to hear sounds common to a community environment while inside the Premises. While Landlord will attempt to enforce
quiet hours, the provision of such quiet hours shall not be deemed a guarantee of any kind that Resident will not be exposed
to common community noise while on the Property and in the Premises.
(b) Landlord shall not be liable to Resident, occupants or to any guests or invitees of Resident for any claim, damage, illness,
physical injury or loss (including economic) to any person or property arising from any cause including, but not limited to, theft,
burglary, assault, vandalism, fire, flood, water leaks, rain, hail, ice, snow, smoke, lightning, wind, explosion, interruption of
utilities, earthquake, pests, insects or vermin, communicable or infectious disease or any other cause (collectively, "Cause").
Resident releases and waives any right to sue Landlord for any and all claims resulting in any physical injury, illness or economic
loss which Resident may suffer as a result of or incidental to any such Cause at or near the Property.
(c) Resident understands and agrees that Landlord will not have any liability for loss or damage to Resident's personal property.
Resident agrees that the Agreement will not terminate and Landlord will not be liable for any interruption of services or
accommodations to Resident caused by casualty, strike, riot, orders or acts of public authorities, acts of third parties, including
other residents, or any other cause beyond Landlord's control, except as provided in Paragraph 35.
(d) Resident agrees to hold harmless, protect, indemnify, and defend Landlord from and against any claims arising out of or relating
to the use, occupancy or maintenance of the Premises by Resident, whether such claims arise during and/or after Resident’s
tenancy. Resident agrees Landlord shall have the right to appoint defense counsel, at Resident's expense, in the event of any
such claim against Landlord. Any insurance obtained by Resident or Landlord will not limit Resident's liability, and Resident will
be responsible for the payment of any deductible if there is a covered loss.
23. SUBORDINATION: This Lease and all rights of Resident arising hereunder are expressly agreed to be subject and subordinate in
all respects to the lien of any present or future mortgages which are or may be placed upon the Property by Landlord or assigns of
Landlord and to all other rights acquired by the holder of any such mortgage(s).
24. SUCCESSORS IN INTEREST: If the Property is sold or the ownership interest is otherwise transferred, the successor in interest of
Landlord shall be deemed the assignee of all rights arising hereunder, and shall be entitled to enforce the provisions of this Lease
as necessary against Resident. Nothing in this provision shall be construed as conflicting or superseding the foregoing
"SUBORDINATION" clause or as requiring a continuation of the tenancy in the event of a foreclosure or other involuntary transfer of
ownership.
25. COMPLIANCE WITH APPLICABLE LAWS: Resident agrees not to use or permit the Premises to be used for any purpose which
violates local, state or federal law. Resident further agrees to defend Landlord against any claims arising from, or relating to, and
reimburse and indemnify Landlord for all claims, loss, damage, fines and penalties alleged against or incurred by Landlord as a
result of, Resident's alleged or actual violation of any statute, ordinance, regulation or other governmental restriction.
26. COMPLIANCE WITH COMMUNITY HANDBOOK: Resident acknowledges receipt of a copy of the Community Handbook
("Handbook"), which is incorporated into and made a part of this Lease. Resident agrees to abide by said Handbook in all respects.
Any Handbook terms may be changed on thirty (30) days' notice, and Resident agrees to abide by any such changes. Failure to
comply with the Handbook shall be deemed a breach of this Lease.
27. NO SOLICITING: Solicitation is prohibited in the Community. Except as prohibited by applicable law, soliciting of any kind by
Resident, Resident's guests or Resident's invitees is a material violation of this Agreement.
28. CONDUCT OF RESIDENT:
(a) Resident agrees not to harass, annoy, or endanger any other Resident, neighbor or other person, or create or maintain a
nuisance, or disturb the peace or solitude or quiet enjoyment of any other Resident, neighbor or other person, or commit waste
in or about the Premises.
(b) Resident agrees not to harass, verbally abuse, denigrate, endanger or otherwise disrespect Landlord's employees, agents
and/or contractors or interfere with the operations of the Property or the work of Landlord's employees or agents.
(c) Certain acts are contrary to the safety, well-being, peace, and enjoyment of the other Residents of the Property. These include,
but are not limited to, the use or exhibition of firearms or ammunition and operating drones with cameras or other photograph
or video capability, or any other flying remote-controlled device with such capabilities in any common areas of the Property.
Such acts are prohibited.
(d) Resident agrees not to deface or damage any part of the Premises or the Community or permit the same to be done, or keep
any flammable or explosive materials or any substance considered dangerous, hazardous or toxic under any governmental law
or Landlord's agent to enter the Premises and may also require Resident to vacate the Premises for any length of time. Resident
must allow such entry and must vacate the Premises as needed and otherwise cooperate with Landlord in its efforts to perform
the work. To the extent possible, Landlord shall give Resident written notice of the need to enter the Premises and potentially
vacate the Premises, which notice shall include Landlord's best estimation of the length of time Landlord anticipates Resident
will need to be absent from the Premises.
(b) If the renovations, improvements and/or repairs are required because of the conduct of Resident or the conduct of Resident's
household, invitees or guests (such as misuse of plumbing, causing a fire, etc.), then Landlord shall be relieved of any obligation
to provide or pay for alternative accommodations and Resident shall remain responsible for both rent and the cost of alternative
lodging during the time when Resident must vacate the Premises for any work to be completed. Resident shall be fully liable
for all loss and/or destruction, whether partial or whole, caused by Resident or any of Resident's invitees or guests.
37. DUTY TO COOPERATE: Failure to vacate upon Landlord notice or return to the Premises or otherwise cooperate with Landlord's
efforts to conduct renovations, improvements and/or repairs at the Property is a material breach of this Lease and grounds for
termination of this Agreement.
38. VEHICLES: Resident agrees to register all vehicles with the management and comply with the Community Handbook and Handbook
Provisions, addenda to this Lease and all posted signs related to vehicles and parking on the Property.
39. CRIMINAL CONDUCT PROHIBITED:
(a) Resident and Authorized Occupants, guests, and invitees, whether on or off of the property, are prohibited from engaging in
any criminal and/or unlawful activity, from engaging in any act intended to facilitate criminal and/or unlawful activity, and/or
permitting the dwelling unit to be used for criminal and/or unlawful activity. Resident agrees to be responsible for the actions of
Authorized Occupants, guests and invitees, regardless of whether Resident knew or should have known about any such
actions.
(b) ANY VIOLATION OF THE ABOVE PROVISION SHALL BE A MATERIAL AND IRREPARABLE VIOLATION OF THE LEASE
AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF RESIDENT'S TENANCY. Landlord may, in its sole discretion,
determine whether a violation has occurred and need not await any court or law enforcement determination before determining
to terminate Resident's tenancy under this Paragraph.
(c) Resident hereby authorizes property management/owner to use police generated reports for any such violation as reliable
direct evidence, and/or as business records as a hearsay exception, in all eviction hearings.
40. SAFETY CONCERNS:
(a) Landlord makes no representations or guarantees to Resident concerning the security of the Premises or the Community,
including, but not limited to individual units, common areas and mail areas. Landlord is under no obligation to Resident to
provide any security measure or take any action not required by statute. The presence of courtesy patrols, patrol cars, access
gates, surveillance cameras or other deterrents do not guarantee that crime can or will be prevented. Resident is responsible
for planning and taking action with respect to the safety of Resident and their property as if such systems and deterrents did
not exist.
(b) Landlord does not accept packages, letters, or other deliveries (collectively “Deliveries”) on behalf of Resident. Resident
acknowledges that Landlord does not accept any responsibility or liability for any lost, stolen, and/or damaged, Deliveries and
Resident agrees to hold Landlord and Landlord's agents harmless from any loss or damage related to any of Resident's
Deliveries.
(c) Landlord may install surveillance cameras in some of the common areas of the Property. These cameras may or may not be
monitored and the footage recorded by these cameras may or may not be kept by Landlord for any length of time. Landlord
may remove such cameras, or install additional cameras, at any time without notice to Resident. Recordings made by
surveillance equipment, if any, are the sole and exclusive property of Landlord.
(d) Landlord has no obligation to obtain criminal background checks on any existing or future Resident and bears no responsibility
or liability related to the criminal background or actions (whether past, present or future) of any person, even if Landlord has
actually run a criminal background check on applicants. Resident shall not rely on the fact that Landlord may have run a criminal
background check on Resident or any other applicant when deciding whether to enter into this Agreement. Landlord has not
made and does not make any representations as to the background of any existing or future Resident.
(e) Resident agrees to report immediately all suspected or actual criminal activity on or near the Property to the appropriate local
law enforcement agencies and, after doing so, to Landlord, and shall provide Landlord with such law enforcement agency's
incident report number and incident report upon request.
41. MEGAN'S LAW DATABASE:
(a) Notice: Pursuant to California Penal Code (“Penal Code”) § 290.46, 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 he or she resides.
(b) Since the information is equally available to Resident and Landlord, and Landlord cannot discriminate against registered sex
offenders pursuant to Penal Code § 290.46 et seq., Landlord has not made any inquiry of any applicant or resident as to
whether he or she is a registered sex offender. Resident is advised that Landlord may not notify Resident if Landlord learns or
is advised that a registered sex offender is living in the Community. The existence of registered sex offenders in the Community
is not grounds for terminating this Agreement.
42. OPTION TO TERMINATE: Resident is expected to remain a Resident for the entire term specified in this Lease. If Resident fails to
do so, Resident will be responsible to Landlord for all damages provided by law, including (but not limited to) rent due through the
end of the Lease term, minus rents paid by a replacement tenant (if any). This amount will vary depending upon how long it takes
the Landlord to find a replacement tenant. Therefore, this amount cannot be determined in advance and it is difficult to estimate.
(a) To avoid this uncertainty, Resident may choose to exercise an early termination option. Resident may choose to pay a flat fee
in advance to terminate the lease early, rather than remaining liable for rent due through the end of the lease term. To exercise
this option, Resident must deliver to Manager:
(i) A written notice stating that Resident has elected to exercise this option;
(ii) An early termination option fee in the amount of $3,879.00 (“Early Termination Fee”) and reimbursement of all move-in
concessions as provided in any concession agreement executed by the Parties; and
(iii) Rent and other amounts due through the accelerated termination date.
(b) After making a reasonable endeavor to estimate accurately the approximate costs associated with an early termination of the
lease, which the Parties agree is difficult or impossible to ascertain at the inception of this Lease since we cannot predict at this
time how long it will take to prepare and relet the Premises at some future date or the costs associated with marketing the
Premises, Resident and Landlord agree a termination charge equal to the Early Termination Fee is presumed to be the amount
of damage suffered by Landlord if Resident elects to terminate this Agreement before the termination date set forth in the
Agreement.
(c) When Landlord has received the written notice and payment, and has signed the notice, the Lease termination date will be
amended. The new termination date will be the date specified in the notice which must be at least thirty (30) days after the
written election and payment are given to Landlord.
(d) Exercise of the early termination option will affect only Resident's rent obligations after the accelerated termination date;
Resident must comply with all other Lease obligations.
(e) The notice will not accelerate the termination date if:
(i) Resident is in default under the lease at the time that Resident gives notice of Resident's exercise of the option;
(ii) Resident provides the notice unaccompanied by the fee above; or
(iii) Resident does not properly exercise the early termination option by following the procedure specified above, but vacates
the property before the termination date specified in the Lease.
43. ENTIRE AGREEMENT: This Lease, including all addenda and the Handbook, set forth the entire agreement among the Parties with
respect to the matters set forth in it. It shall not be altered nor modified unless such alteration or modification is in writing and signed
by all signatories to this Lease, unless the change is required by law, is the result of an error or omission by Landlord, or Landlord
provides the required notice for the change as required by law. No verbal agreements or representations have been made or relied
upon by either party or any agent or employee of either party, and neither party nor any agent or employee of either party is entitled
to alter any provisions of this Lease by any verbal representations or agreements to be made subsequent to the execution of this
Lease. The foregoing notwithstanding, if Resident holds over after the expiration of the Lease term pursuant to paragraph 5, Landlord
may change any provision of this Lease without the consent of Resident in the manner prescribed by Civ. Code § 827.
44. PARAGRAPH HEADINGS: The paragraph headings are inserted only for convenience and are not intended to define or limit the
scope or intent of any clause.
45. SEVERABILITY AND PROVISIONS REQUIRED BY LAW: If a provision or paragraph of this Lease is legally invalid, or declared
by a court to be unenforceable, such provision or paragraph will be deemed deleted and the rest of this Lease will remain in effect.
To the extent any provision of this Agreement is in direct conflict with any provisions of applicable law, such provision is hereby
deleted. Any provision specifically required by applicable law which is not included in this Lease is hereby inserted as an additional
provision of this Lease, but only to the extent required by applicable law and then only so long as the provision of the applicable law
is not repealed or held invalid by a court of competent jurisdiction.
46. EVENTS OF DEFAULT: Resident shall be guilty of material breach of this Lease if Resident: (a) fails to pay any rent or other sum
payable under this Lease on the date it becomes due; (b) breaches any other provision, term, covenant or condition of this Lease;
(c) vacates or abandons the Premises before expiration of the full term of this Lease, or any extension of the term; (d) permits the
leasehold interest of Resident to be levied upon or attached by process of law; or (e) makes an assignment for the benefit of creditors.
47. WAIVER: Landlord's failure to require strict compliance with any provision of this Lease or to exercise any rights arising under this
Lease shall not be deemed a waiver of Landlord's right to enforce any such provision or to insist upon any such right. The fact that
Landlord may have accepted late payment(s) on one or more occasions shall not be deemed a waiver of Landlord's right to insist
upon timely payment of rent nor to exercise any remedy available for late payment of rent. Acceptance of rent following a breach of
this Lease shall not be deemed to constitute a waiver of such breach. No custom or practice which may develop between the Parties
in the course of tenancy shall be construed to waive the right of Landlord to enforce any provision of this Lease.
48. USE OF PERSONAL INFORMATION: For details on what personal information Landlord collects and for what purposes, and
Resident’s privacy rights and how to exercise them, visit Essex's Privacy Policy at www.essexapartmenthomes.com/privacy-policy.
49. TIME IS OF THE ESSENCE: Time is of the essence with respect to the provisions of this Lease. This provision shall be interpreted
in its strictest sense irrespective of the relative hardship to the Parties.
50. ATTORNEY'S FEES: In the event of any litigation relating to this Agreement or the rights or liabilities of any party arising under this
Agreement, the prevailing party of such litigation shall be entitled to its costs, including reasonable attorneys' fees, incurred in such
litigation, not to exceed a maximum total of two thousand dollars ($2,000) fees and costs. If any such litigation is dismissed prior to
trial, the parties agree that there shall be no prevailing party for purposes of an award of attorney's fees and/or costs. An unlawful
detainer action shall be considered an action relating to this Lease and thus subject to this provision.
51. SURRENDER: Upon expiration or termination of this Lease, Resident shall vacate and surrender the Premises to Landlord vacant
of all occupants and in the condition required to be maintained under this Agreement. Resident shall also return all keys and remote
access devices (if applicable) to Landlord or pay Landlord's then applicable charge for non-returned keys and remotes (if applicable).
52. ATTACHMENTS/ADDENDA: Resident acknowledges receipt of a copy of the attachments/addenda listed below, which are
incorporated into and made part of this Lease. Resident agrees to abide by said attachments/addenda in all respects. Any failure
to comply with any of the attachments or addenda shall be deemed a breach of this Lease.
Amenities Activities Utilities Addendum
Community Handbook Mold Addendum - California
Parking Agreement Pesticide Addendum
Renter’s Insurance Addendum San Jose Tenant Protection Addendum
SmartRent Addendum Smoking Policy Addendum
Key Addendum
53. NON-DISCRIMINATION: There shall be no discrimination against or segregation of any persons on account of race, color, national
origin, ancestry, creed, religion, sex and gender, gender identity, gender expression (including transgender individuals who are
transitioning, have transitioned, or are perceived to be transitioning to the gender with which they identify), sexual orientation, genetic
information, marital status(including registered domestic partnership status), familial status, age, source of income, national origin,
ancestry, immigration status, citizenship, primary language, handicap, physical or mental disability, medical condition, genetic
information, Civil Air Patrol status, military and veteran status or any other protected classification under state or federal law, in the
sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of Premises, nor shall the Landlord or any person claiming
under or through Landlord establish or permit any such practice or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees, or vendees in the Premises, or any other consideration made
unlawful by federal, state, or local laws, and/or retaliation for protesting illegal discrimination related to one of these categories.
54. REQUESTS FOR ACCOMMODATIONS OR MODIFICATIONS: A disabled person, for all purposes under this Lease, shall be
provided reasonable accommodations or reasonable modifications to the extent necessary to provide the disabled person with an
opportunity to use and occupy the Premises in a manner equal to that of a non-disabled person. If Resident believes Resident or a
member of Resident's household requires an accommodation or modification as a result of a disability, Resident should contact
Landlord to begin the interactive process.
55. CREDIT REPORTS: Resident expressly authorizes Landlord and/or Landlord’s agent to disclose information about Resident and
Resident’s tenancy to credit reporting agencies including, but not limited to, the amount and timing of payments due pursuant to the
Lease including payment of Monthly Base Rent, good behavior, problematic behavior, and any debt outstanding, which may then be
used in a tenant record, credit report and/or credit score for the Resident. For the avoidance of doubt, Resident’s failure to pay the
full amount(s) owed to Landlord on the date such amount(s) is due pursuant to the Lease will result in a negative credit report
submitted to a credit reporting agency. Further, Resident expressly authorizes Landlord and/or Landlord’s agent to obtain Resident’s
consumer credit report, which Landlord may use if attempting to collect past due rent payments, late fees, or other charges from
Resident, both during the term of the Lease and thereafter.
56. CAMERAS: Resident acknowledges and agrees that Landlord shall have the right, but not the obligation, to use and/or install
cameras at the Property and Resident hereby consents to Landlord's use of Resident's image and/or likeness, in each case for
marketing and/or surveillance purposes.
57. SIGNATORIES: The individuals signing below as "Resident," whether or not in actual possession of the Premises, are jointly and
severally responsible for all obligations arising under this Lease, including all obligations to pay rent. This Lease shall not be
considered to be in full force and effect until signed by Landlord or Landlord's authorized agent. Landlord may, without liability, refuse
to enter into this Lease and may refuse to allow Resident to occupy the Premises at any time prior to Landlord signing this Lease.
Each Resident shall be fully liable for all obligations arising under this Lease, and Landlord may enforce the provisions of this Lease
as against Resident if, for any reason or by any means, Resident obtains access to the Premises before such time as this Lease
has been signed by Landlord or Landlord's authorized agent.
THE UNDERSIGNED EXPRESSLY UNDERSTAND(S) AND ACKNOWLEDGES THAT PARAGRAPH 5 CONTAINS PROVISIONS
UNDER WHICH THIS LEASE MAY AUTOMATICALLY RENEW AS A TENANCY FOR SUCCESSIVE 12 MONTHS TERMS UPON
THE EXPIRATION OF THE LEASE IF RESIDENT REMAINS IN POSSESSION AFTER THE EXPIRATION OF THE LEASE OR
FAILS TO GIVE NOTICE OF RESIDENT'S INTENT NOT TO RENEW OR EXTEND BEFORE THE EXPIRATION OF THE LEASE.
RESIDENT:
[sig|req|signer0] 10 / 14 / 2023
[date|req|signer0]
Carlos Andres Bedoya Morales Date
[sig|req|signer2] 10 / 14 / 2023
[date|req|signer2]
Cristian Camilo Cagua Fonseca Date
[sig|req|signer3] 10 / 14 / 2023
[date|req|signer3]
Monica Ardila Moreno Date
[sig|req|signer4] 10 / 14 / 2023
[date|req|signer4]
Karem Dahiana Riapira Morales Date
[sig|req|signer5] 10 / 14 / 2023
[date|req|signer5]
Daniel Camilo Sanchez Arguello Date
LANDLORD:
Essex Management Corporation, a California Corporation, as Agent for Owner
Resident, as well as Resident’s Authorized Occupants, guests, and/or invitees (collectively “Guests”), may have access to recreational
facilities at the Community, and/or Shared Amenities (defined below, if any) at neighboring properties, which may include a fitness
center, pool, spa, sauna, business center, billiard room, tanning equipment or similar amenities (collectively "Recreational Facilities.").
Landlord may offer Resident the opportunity to participate in activities, events, and/or services, such as socials, fitness classes, and
other optional activities, which may or may not require payment of a fee prior to participation ("Activities").
Resident, for good and valuable consideration, including, but not limited to the opportunity to use the Recreational Facilities and
participate in Activities, hereby acknowledges and agrees to the following terms governing use of the Recreational Facilities and
participation in Activities at the Community:
1. RULES: To use the Recreational Facilities and/or participate in the Activities, Resident must be in material compliance with
Resident’s Lease including, but not limited to, current on all amounts due and payable under the Lease. Resident further agrees to
abide by all of the rules and regulations which may be adopted from time to time, with or without notice to Resident, by Landlord,
which may be set forth in the Community Handbook, posted at the Recreational Facilities, or otherwise conveyed to Resident
verbally or in writing by Landlord by and through its employees or agents (“Rules”). Any Resident asked to leave a Recreational
Facility and/or Activity for failure to comply with Resident’s Lease or violation of the Rules shall not be deemed a reduction in
housing service and shall not be grounds for a reduction in rent.
2. ASSUMPTION OF RISK: Resident understands and acknowledges that accidents sometimes occur during the use of the
Recreational Facilities and/or participation in Activities. Resident further understands and acknowledges that Resident’s use of the
Recreational Facilities and/or participation in the Activities could result in loss of or damage to Resident’s property, illness, serious
injury to Resident’s body or to others, and/or Resident’s death. Resident has been informed of the risks. Understanding and
acknowledging all possible risks, Resident hereby knowingly, voluntarily and willingly assumes all risks and dangers
associated with Resident's use of the Recreational Facilities and/or participation in the Activities up to and including
personal injury or death.
3. AUTHORIZED OCCUPANTS, GUESTS, INVITEES: The terms of this Addendum shall also apply to Resident’s Authorized
Occupants, guests, and/or invitees, together with the heirs, assigns, estates and legal representatives of them all, (collectively
“Guests”). Resident’s Guests must be accompanied by a resident of the Community at all times. Residents are responsible for all
behavior of their Guests using the Recreational Facilities and/or participating in the Activities. Resident further acknowledges and
agrees that some Recreational Facilities and/or Activities may not be open to Guests, at Landlord’s sole discretion. Resident shall
be solely responsible for the compliance of the Guests with the Lease, this Addendum, and the Rules.
4. CHANGES IN ACTIVITIES AND RECREATIONAL FACILITIES: Landlord may change, expand, remove or add Recreational
Facilities at any time in its sole discretion. There is no set schedule of Activities and Landlord may decide to discontinue Activities
at any time without notice.
5. ALCOHOL: At some Activities, alcohol may be served and/or purchased. Resident must be 21 or older to consume alcoholic
beverages. Participants under the age of 18 must be with a responsible adult to attend any functions at which alcohol is served.
6. VOLUNTARY PARTICIPATION: Participation in Activities and use of Recreational Facilities is purely voluntary and at the
Resident's or Resident’s Guest’s own risk. Prior to participating in any Activity or using any Recreational Facility or Shared Facility,
Resident and Resident’s Guests agree to fully ascertain, appreciate and understand the risks and assume same.
7. WAIVER AND RELEASE: In consideration of being allowed to use the Recreational Facilities and participate in the Activities, and
having assumed all risks of same, Resident hereby expressly releases, waives, covenants not to sue the Owner of the Property,
owner of the Recreational Facilities, Essex Property Trust, Inc., Essex Management Corporation, each of their affiliates and
subsidiaries and each and every officer, agent, and employee of each of the foregoing entities (collectively, the "Released
Parties") from all claims, causes of action, or demands of every kind which Participant may have in the future or that any person
claiming through Resident may have in the future against any of the Released Parties by reason of any injury to person or
property, or death, directly or indirectly resulting from, or in connection with, Resident’s or Resident’s Guest’s use of the
Recreational Facilities or participation in the Activities.
8. INDEMNITY: Resident agrees to indemnify, defend and hold harmless each and every one of the Released Parties for any liability
of any kind whatsoever arising from Resident’s and/or Resident’s Guest’s use of the Recreational Facilities and/or participation in
the Activities, except for claims arising out the gross negligence or willful misconduct of one of the Released Parties in failing to
correct a dangerous situation at or in the Recreational Facilities after receiving notice of same.
9. SEVERABILITY: If any provision of this Addendum is invalid or unenforceable under applicable law, such provision shall be
ineffective to the extent of such invalidity or unenforceability only without invalidating or otherwise affecting the remainder of this
Addendum.
ACKNOWLEDGMENT AND UNDERSTANDING. By signing below, Resident certifies that Resident is at least
eighteen (18) years of age, has carefully read this RECREATIONAL FACILITIES USE AND ACTIVITIES
PARTICIPATION ADDENDUM. Resident fully understands its terms, and understands that he/she has given
up substantial rights by signing this Addendum and has signed it freely and voluntarily without any
inducements, coercion, assurance or guarantee being made to me. RESIDENT INTENDS RESIDENT’S
SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE, WAIVER AND AGREEMENT AS STATED
HEREIN OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
RESIDENT:
[sig|req|signer0] 10 / 14 / 2023
[date|req|signer0]
Carlos Andres Bedoya Morales Date
[sig|req|signer2] 10 / 14 / 2023
[date|req|signer2]
Cristian Camilo Cagua Fonseca Date
[sig|req|signer3] 10 / 14 / 2023
[date|req|signer3]
Monica Ardila Moreno Date
[sig|req|signer4] 10 / 14 / 2023
[date|req|signer4]
Karem Dahiana Riapira Morales Date
[sig|req|signer5] 10 / 14 / 2023
[date|req|signer5]
Daniel Camilo Sanchez Arguello Date
LANDLORD:
Essex Management Corporation, a California Corporation, as Agent for Owner
COMMUNITY HANDBOOK
Welcome! We are honored you have chosen an Essex community for your home. At Essex, if it's important to you, it's important to us.
Our goal is to treat you with respect and make your experience here enjoyable. We strive to foster a lasting relationship and provide you
with personal service and amenities to make life a little easier.
This Community Handbook contains our policies and house rules, which help make your community a comfortable, friendly and welcoming
place for all. This Community Handbook is part of your lease agreement with us and needs to be followed the same as any other provision
of your lease. Please take time to read through this Handbook and become familiar with it. If you have any questions, don't hesitate to
contact an associate in the Community Office.
• A serious roof leak, water leak, plumbing leak, overflowing tub or flooding in your Unit.
• The only toilet in your Unit is not working or is overflowing is definitely a maintenance emergency – but please try to unclog
it with a plunger before calling.
• Similarly, if your only tub or sink is broken or clogged, that is an emergency. If the water is not overflowing and/or you have
another bathroom, we will address the problem the next working day.
• Your front door, sliding glass door or windows will not lock or are broken. We want you to be safe, so please call us
immediately if your locks are not working.
• If you can't get into your Unit because the access gates or your garage door are not working, or the entrance is blocked.
If you no longer need us after calling in for a maintenance emergency, please call back so we can cancel the dispatch.
Lockout Service
We may assist with lockouts and admit any authorized occupant with appropriate identification into the Unit during office hours. Please
note that this service, if provided, will be provided for a fee. Unfortunately, we are not able to provide after-hours lockout services. Please
see the Access Cards, Keys, Remotes, Directories and Lockout Policy Addendum for more information. For properties with SmartRent
access devices, please see your SmartRent Addendum for more information.
Pest Control
Our pest control company treats the community on a regular basis. If you require additional pest control assistance, contact the
Community Office. We will be happy to help you get rid of any unwanted insect or pests.
Building Exterior and Grounds
We try to keep the grounds and public areas clean, neat and attractive for everyone to enjoy. Help us stay beautiful:
• Please do not leave personal belongings in the common areas. When we come across something that's been left out all
night, we have to assume it is trash and dispose of it properly.
• Please make sure your garbage goes straight from your Unit to the community garbage bins, and to clear personal
belongings from outside your front door.
• Please show respect for landscaped areas, shrubbery and trees. We work hard to keep the grounds looking great, and
appreciate your help in keeping them that way.
• Please keep your holiday decorations tasteful and remove them no more than a week after the holiday, local parade or
festival.
• All shopping carts should remain at the store. They are not to be brought to the Community.
• The design of our Community depends on a clean, uncluttered look to our windows. As a result, please don't place foil,
stickers, decals, posters, tinfoil, colored blinds or any other window treatments in window areas.
• No alterations or attachments of any kind are to be placed on or affixed to any portion of the exterior of the building. Any
objects that may deface the building are not permitted. Do not make holes in doors, exterior walls, windows or railings.
• Items may not be left on the drying lines or racks for more than 24 hours (i.e., all items must be removed within 24 hours
of being put out on the drying lines or racks).
• Drying lines or racks must be free standing (that means no, you cannot affix them to any part of the building).
• No drying lines or racks may be attached or affixed in any manner to any portion of the building, fence, railing, wall, building
support structure, or light fixtures.
• Drying lines or racks cannot be higher than the patio, balcony, or deck fence or railing.
• Drying lines or racks cannot be clearly visible from the sidewalk or street.
• Drying lines or racks cannot block entrance to or egress from the unit, create a health or safety hazard, or interfere with
walkways or utility service equipment.
• Drying lines or racks cannot interfere with the maintenance of the Community.
• Clothes may not be draped over fence or balcony railings, or hung from any building fixtures.
If you want to install plants, shades or furniture, please check with your Community Manager first. He or she can help make sure
your choices fit within your Community's guidelines and general appearance.
Satellite Dish/Antenna
We will allow you to install one (1) satellite dish or antenna (collectively referred to below as a satellite dish) for personal, private use in
the Unit under the following conditions:
• The satellite dish must be three (3) feet or less in diameter.
• The satellite dish may only be installed on the inside balcony, patio or terrace that is under your exclusive control. The
satellite dish, or any part of it, cannot extend beyond the balcony, patio or terrace railing. Allowable locations may not
provide an optimal signal, or any signal. We can't promise that the Unit will provide a suitable location for receiving a satellite
signal.
• You are prohibited from making physical modifications to the Unit and are prohibited from installing said satellite dish in the
common areas of the Community, including, but not limited to, exterior walls, roofs, window sills, common balconies or
stairways.
• You can't install the satellite dish in a manner that causes physical or structural damage to the Unit, excluding ordinary
wear and tear, including, but not limited to, holes drilled through exterior walls.
• You must install, maintain and remove said satellite dish in a manner which is consistent with industry standards.
• You must indemnify, protect and defend us against, and hold us harmless from, all claims, losses, damages, costs and
expenses, including, but not limited to, reasonable attorneys' fees, expenses and court costs relating to any personal injury
or Community damage arising from the installation, operation, maintenance and/or removal of said satellite dish.
• If requested, you must provide the Community Office with a copy of any liability insurance coverage maintained by Resident
for said satellite dish. Landlord reserves the right to require that such insurance shall name Landlord as an "additional
insured."
• You may not install or allow a political sign to be installed that causes any damage to or alteration of the Unit such as drilling
holes; nailing into outside walls, door frames, window sills, railings, etc.; or affixing tape or other sticky material in a way
that will cause damage to paint or other finishes.
• Resident may post and shall remove any political signs in compliance with the time limits set by the ordinance for the
jurisdiction where the Unit is located. Resident shall be solely responsible for any violation of any local ordinance. If no local
ordinance exists or if the local ordinance does not include a time limit for posting and removing political signs on private
property, political signs may not be posted more than ninety (90) days prior to the date of the election or vote to which the
sign relates and must be removed ten (10) days following the date of the election or vote.
• Resident is strictly liable for any damages or injury that results from such installation and for the cost of repairs or repainting
that may be reasonably necessary to restore the leased Unit to its condition prior to the posting of the political sign(s).
Be a Good Neighbor
Alcohol intoxication, disorderly conduct and excessive noise are not allowed in the Community. Anyone consuming alcohol at our
Community must be at least 21 years old and in the privacy of your Unit. Alcohol is allowed in common areas only when permitted or
approved by the Community Office.
Disturbances and Noises
Noise can be a nuisance and we ask all of our residents to be considerate of their neighbors when entertaining, using their television or
stereo, or using appliances or vacuum cleaners late at night. If you live in an upstairs Unit, avoid running, jumping or slamming doors. If
your Unit has some or all hard surface flooring (e.g. wood, tile, concrete), you are required to ensure at least 75% of the hard surface
flooring is covered with a carpet or rug, with a particular focus on ensuring areas of high foot traffic in your Unit are covered. Please
observe the quiet hours of your community, which are generally 10pm-7am, but may vary from community to community.
If you believe your neighbor is causing a disturbance or not observing the quiet hours, try politely talking to them before contacting the
Community Office. They probably don't realize they were bothering anyone. If their response is not satisfactory, call the Community Office
or our courtesy patrol. And if your neighbors come to you with a concern about noise coming from your Unit, please try your best to
accommodate them.
Garbage Removal
Trash is regularly removed from our garbage receptacles. Please make sure you are putting your garbage in one of them. If the receptacle
nearest you is full, please take your garbage to another one. Garbage bags left on the ground are a genuine health hazard and can attract
unwanted pests. If you regularly have trouble finding an empty garbage receptacle, report the problem to the Community Office. Also, for
your safety, once garbage is placed in a trash receptacle, please don't attempt to remove it.
• Trash must be disposed of properly, preferably in tightly tied plastic bags or closed containers. Please use a plastic bag or
trash liner to carry refuse to the dumpster or trash chutes, where provided. This prevents waste from dripping on carpet or
concrete and preserves the appearance and cleanliness of your home.
• Place all household refuse inside proper refuse containers, and do not place any items outside or around the containers.
All boxes placed in these containers must be broken down, allowing for maximum usage of this service.
• Don't be a litterbug. Make sure that papers, gum, candy wrappers or any other trash is placed in appropriate receptacles.
• If we are required to repeatedly clean up excessive trash around your Unit, we may charge you for the time spent doing so.
• Do not empty ashtrays into the parking lot or dispose of other items from vehicles by leaving them in the parking area.
• Do not put furniture or other large items in the trash. Please make other arrangements for disposing of such items. You
may be responsible for extra pickup charges due to inappropriate items in the dumpsters or dumpster area.
• If your Community has garbage chutes, use moisture-proof bags to carry waste to the trash drops on each floor to prevent
stains on the carpeting. All garbage should be deposited directly into the garbage chutes and must be completely contained
in sealed bags. We are not responsible for hauling away non-trash items such as old furniture, etc. If you have large,
oversized disposable items that do not fit in garbage chutes, where provided, please notify us. DO NOT FORCE LARGE
ITEMS INTO THE CHUTE. You will be held responsible for any cleanup costs due to garbage bag leaks, breakage or any
noted garbage trails in the Community.
• Please remember to recycle and compost where available. If you have questions about recycling and/or composting
procedures and opportunities at your Community, please ask the Community Office.
Pets
Your Community Management Team can tell you about any special restrictions, deposits, documentation or agreements required if you
have a pet. We also have a few other basic rules and guidelines.
• If you're considering a new pet and would like more information, please contact your Community Office for details.
• Most communities do not allow more than two pets per Unit.
• Certain breeds are not allowed. A full list is contained in the Animal Addendum you will need to sign before bringing an
animal home.
• We also can't allow any wild, exotic, endangered or poisonous creatures (animals, reptiles, birds, etc.) to be in residence
at your Community.
• Animals must be housebroken, spayed and neutered, and have no vicious tendencies or history of threatening or causing
physical harm to persons, property or other animals by biting, scratching, chewing, etc.
• Please make sure your animal does not disturb the quiet enjoyment of others by barking, scratching, whining, howling,
crying or in any other way.
• Don't neglect your animal. If we suspect any animal is being neglected, mistreated or abandoned, we will contact Animal
Control or a similar agency so the animal can be removed and cared for properly.
• Please watch your animals on patios or balconies – animals should not be left on patios or balconies while you are away.
And while we don't want any animals injured, you cannot enclose any outdoor space with wire or screens or similar materials
to contain the animal outdoors.
• Please keep your animal under control at all times. Dogs should be on a leash no longer than 8'. Cats must remain inside
your Unit or be leashed or in a carrier when outside.
• You are responsible for any messes your animal creates. Please clean up after your animal both in your Unit and around
the Community. If you have cats, dispose of litter in sealed trash bags in proper trash receptacles. Do not dispose of litter
in toilets.
• You are responsible for any damage your animal may cause. When you move out, if there is evidence of fleas or other
pests, you will be charged for the costs of fumigation or other appropriate treatment. Likewise, if your animal has damaged
the Unit (carpet, woodwork, paint, etc.), you are responsible for the costs of repair.
• An aquarium is fine, but if it holds more than 10 gallons of water, you'll need insurance for it.
• For rules about other types of pets or accommodation animals, please check with the Community Office. They'll be happy
to provide more information.
Green Community
We require the cooperation and support of everyone in our Community in a wide range of sustainability and energy conservation
initiatives and programs. Please ensure that all household members and guests comply with all the Community's sustainability and
energy conservation practices and guidelines applicable to the Unit and the Community.
• Please operate any ENERGY STAR® rated appliances in the Unit in accordance with standard operating instructions. If
you require instructions, please reach out to the Management Office.
• Immediately notify your Community Office if any appliance in the Unit is damaged in any way or not working properly.
• Do not tamper with, interrupt or replace any energy, water, carbon reduction, or other sustainable measures installed and
maintained by Landlord, including, but not limited to, energy efficient bulbs; lighting controls, such as automatic sensors;
sun shielding blinds and devices; thermostats and/or air-conditioning/heating controls; door/window weather stripping; and
low-flow and water efficient devices, such as faucet aerators and showerheads.
• Please follow all recycling, composting and waste sorting and management practices as required by local ordinances and
in accordance with Community policies.
• After using the amenities in common spaces, please turn off the lights, television, and other electrical equipment to reduce
energy usage.
We recommend that you vacuum at least once a week. Using plastic trays under plants can prevent water damage and bleaching, and
acting quickly to clean up spills allows you to cope with them before they dry and become set in the carpet.
• Use only approved carpet and vinyl cleaners and agents.
• If you want to have your carpets cleaned, please let us know. We will be happy to schedule a cleaning for you (although it
generally will be at your cost).
Counter Tops
• Do not place hot vessels directly on counter tops – use a trivet or pot holder.
• Cut all food items on a cutting board instead of on the counter, or you may damage the surface.
• For Units with granite countertops, please use non-abrasive and granite-specific cleaners.
Dishwasher
• To prevent the drain from clogging, scrape your dishes before loading.
• Also, please only use dishwashing detergent in the dishwasher. Other types of soap will cause excessive bubbles and may
damage the floors, appliances and cabinets. If you have excess bubbles, use laundry softener to stop the bubbling and call
us so we can assist.
• Carefully load dishes to not interfere with the action of the rinsing arm.
Living Conditions
You must keep your Unit clean and uncluttered to allow easy passage throughout. Windows and doors should not be blocked. Flammable
materials may not be stored in the Unit.
We may require the removal of items, newspapers, trash, etc. that are deemed to be a fire or health hazard. Also, you may not add
appliances, such as dishwashers, washing machines, dryers, freezers, etc. to the Unit without prior written consent of the Community
Office.
Garbage Disposal
• The "garbage" disposal, is not for garbage. It's only for certain types of food waste. Nothing large should be placed in it.
• Occasionally sharpen the blades by running cold water, inserting ice cubes and operating the disposal.
• Please DO NOT use drain-cleaning chemicals. They're really rough on the pipes and the environment.
Please DO NOT dispose of bones, celery, onion peels, cornhusks, corn silks, watermelon seeds, artichoke leaves, coffee grounds,
grease, oil, fat, pasta or rice, all of which will cause clogging and damage the disposal. In addition, don't put metal, glass, cloth or fish
tank rocks down the disposal. It damages the blades. Also, take care not to drop silverware into the disposal.
• If the disposal will not operate when the switch is in the "On" position, turn the disposal off and locate and depress the red
"Reset" button on the underside of the disposal unit. If the disposal still does not operate, contact the Community Office for
help.
Refrigerator
Clean the interior and exterior of your refrigerator with a mild cleaning solution of baking soda and warm water. Avoid using any abrasive
cleansers, gritty soaps and heavy-duty cleaning agents.
Sinks/Drains
Keep your drains clear by not disposing any of the following in them:
• Grease: Collect it in a container and put in the garbage.
• Paper towels/rags: Discard these in the garbage. Do not flush down the toilet.
• Excessive toilet paper: Using large amounts of toilet paper does not give it time to dissolve, resulting in overflows.
• Excess hair: Remove hair from sink or tub; do not rinse down the drain.
Microwaves
Do not put anything metal in microwaves. This includes spoons, pots and pans with metal trim, recycled paper towels which have trace
metals, aluminum foil, metal twist ties, poultry pins, meat thermometers, and Styrofoam plates (which may contain trace metals).
Washer and Dryer
If you have a washer/dryer, clean the interior and exterior with a mild solution of baking soda and warm water – please don't use abrasive,
gritty or heavy-duty cleansers. For the best performance, empty the dryer lint tray after each load. Also, please leave your washer open
when not in use to allow it to dry out and prevent mildew growth.
Fireplace
If your Unit has a fireplace, follow these basic care and safety precautions:
• Do not use flammable liquids such as gasoline, kerosene or lighter fluid.
• Burn only seasoned wood, cut to the proper length. Use only paper to start fires. Do not burn tires, trash or other items in
your fireplace.
• Open your damper before starting a fire; always use an iron fireplace grate and keep the fireplace screen closed until all
embers are cold. It only takes a spark to start real trouble, so please be careful and stay safe.
• Dispose of the ashes when the embers are completely cold. For your safety, wait at least 48 hours for the embers to cool.
• NOT TO PLACE ANYTHING IN THE FIREPLACE. they are natural gas burning and there should be no wood, paper,
gasoline, kerosene or lighter fluid.
If you believe your fireplace is not working properly, please let us know so we can call a technician.
Fire Sprinklers
If there is a fire suppression sprinkler system in the ceiling of your Unit, leave the sprinkler heads alone. They are sensitive and can be
easily broken off. If they are broken off or accidentally triggered, it will cause immediate flooding in your Unit, (and possibly your neighbor's)
and you will be responsible for the cost of cleaning it up.
If a sprinkler head is broken, immediately submit an emergency maintenance service request and call the fire department to report the
breakage and minimize damages due to flooding.
Tips for Preventing Mold & Mildew
As part of your Lease, you signed a Mold Addendum. That document controls our respective legal obligations, and we wanted to provide
you with some additional tips for preventing organic growth within your Unit. You can help minimize organic growth by taking the following
precautions:
• Open windows frequently when the weather is dry to allow an exchange of air and permit the introduction of sunlight
throughout your Unit. Even in winter, cracking your windows after showers or cooking can help mitigate excessive moisture
from getting trapped inside. It may help if you run the fan on your furnace to circulate fresh air through your Unit during
these times.
• If possible, maintain a temperature of between 55° and 75° Fahrenheit within your Unit at all times.
• Regular cleaning (including dusting, vacuuming, mopping and use of environmentally safe household cleaners) is important
to remove household dirt and debris that mold feeds on. Thoroughly dry any spills on carpeting.
• Periodically clean and dry the walls and floors around the sink, bathtub, shower, toilets, windows and patio doors using a
common household disinfecting cleaner.
• Regularly, wipe down and dry areas where moisture sometimes accumulates, like countertops, windows and windowsills.
• Use any preinstalled bathroom fan when bathing or showering and allow the fan to run until all excess moisture has vented
from the bathroom.
• Use the exhaust fans in your kitchen when cooking or while the dishwasher is running, and allow the fan to run until all
excess moisture has vented from the kitchen.
• Ensure that your clothes dryer vent is properly connected and clean the lint screen after every use.
• When washing clothes in warm or hot water, make sure condensation does not build up within the washer and dryer closet;
if condensation does accumulate, dry with a fan or towel.
• If you live in a humid climate, a small dehumidifier will help regulate humidity levels in your Unit and create a more
comfortable environment.
• Do not allow damp or moist stack of clothes or other cloth or paper materials to lie in piles for an extended period of time.
Let us know immediately if you spot any of the following:
o Evidence of a water leak or excessive moisture in your Unit, storage room, garage, or any common area.
o Evidence of mold or mildew-like growth that cannot be removed by simply applying a common household cleaner and
wiping the area.
o Mold or mildew that reappears despite regular cleaning.
o A failure or malfunction with your heating, ventilation or air-conditioning system. Do not close or cover any of the
heating, ventilation or air-conditioning ducts in your Unit.
o Inoperable windows or doors.
• Please treat the equipment correctly. If assistance is needed regarding operation or for repairs, contact the Community
Office.
• We do not have any responsibility to monitor or prevent access to any sites that may be objectionable, and we cannot and
do not guarantee that any material available on any computer or any Internet site is current, accurate, inoffensive or suited
to any particular user's purpose. We are not responsible or liable for any damages sustained by you or your guests or
others with respect to the use of the center/area, or any computer located in the center/area.
• All Residents must have on proper attire at all times when using the center. That means shirt and shoes, no swimming
attire, etc.
• Please do not unplug, switch or tamper with any of the cables or computer equipment.
Fitness Center
Some Communities provide a fitness center.
The Community fitness center is reserved for the use of our residents and their guests (but only so long as guest use doesn't interfere
with use of other residents). If it gets crowded, we may ask guests to leave (at our discretion). Guests may be required to be registered
at the Community Office prior to their use of the facilities and sign a waiver.
Hours of operation are posted at the facility and/or the Community Office.
We shall not be held liable for any damages or personal injuries sustained by residents and guests in the use of the fitness center
equipment. If you are unfamiliar with the equipment, please refrain from using it until you have received proper instruction. Residents with
heart or similar conditions are advised not to use the equipment without first consulting their physician. Shirts and shoes are required.
Food, glass and alcoholic beverages are not permitted.
Swimming Pools/Spas
Some of our communities offer a pool, spa or hot tub for your enjoyment. Pool hours are posted at the Community. Please be advised
that the pool may be closed occasionally for your safety, due to severe weather or chemical treatments beyond those that are done on a
daily basis. Also, the heating of pools may vary from community to community and seasonally as well.
For your enjoyment and everyone's safety, we enforce the following policies and rules:
• No diving allowed.
• A resident must accompany guests. Also, we may require guests to be registered with the Community Office.
• Swimmers must wear bathing suits or trunks. Cut-offs and street clothes are not permitted. Swimmers wearing attire
deemed offensive by Management may be asked to leave the pool area.
• Chairs, tables, umbrellas and other pool accessories provided by us are for safety and comfort. Please do not remove them
from the pool area.
• To keep the pool operating properly, no foreign objects such as pool furniture, plastic cups or liquids are to be put in the
pool or spa.
• Please remove barrettes, hairpins and jewelry to prevent their loss or damage to the pool equipment.
• Rafts, floats, inner tubes, etc., may not be permitted in pool at Management's discretion. Safety equipment, such as swim
vests and floaties, are always allowed.
• Glass containers and alcoholic beverages are not permitted in or around the pool area. If you see broken glass, let us know
immediately.
• If you're not feeling well, do not use the pool and spa. That means that if you have diarrhea, steer clear. Once you are
feeling better, however, come back and enjoy the water.
• Bicycles, roller skates and skateboards are prohibited in the pool area.
• Don't tamper with the gates, latches or pool fences. Please report broken gate latches to the Community Office.
• Animals are prohibited in the pool area unless they are required to be there in order to assist a person with a disability.
• Be considerate of others, and keep all volumes (music, voices, etc.) at a level that won't bother other people in the pool
area.
• We are not responsible for accidents in the pool or pool area. Please become familiar with the location of the emergency
phone and safety equipment.
• Don't overload the machines – they won't work well, and could break down.
• Please make sure to empty your pockets before washing your clothes.
• Promptly remove clothes at the end of the cycle. Otherwise, someone else may do it for you and your Spiderman underwear
will be the talk of the community.
• When a machine isn't working, please call the phone number listed on the laundry room wall and inform the representative
of the machine number. Please notify the Community Office if the problem persists.
• Please do not mark, write, or paint on buildings, walls, sidewalks or landscaped areas.
• Finally, but most importantly, all residents should use caution when driving throughout the Community. Watch
closely for younger residents and their guests at play.
• Glass containers and food are not permitted in or around the court areas.
• Don't tamper with court gates, latches, fences, nets, lights or equipment.
• Keep music and noise at a level that only you and your guests can enjoy.
Roof Decks/Mezzanines
At Communities where these amenities are available, the hours of operation may be limited. These rules apply to all roof
decks/mezzanines.
• Community Management reserves the right to regulate the use of all roof decks/mezzanines.
• Roof decks/mezzanines may be available for rental. Please contact the Community Office for details.
Parking
Parking availability varies from community to community; however, the following applies to all of our Communities. For additional
information regarding parking, please review applicable addenda to your lease. It is really important you read and follow the parking
addendum or else your car could be towed at your cost, especially if a parking permit needs to be displayed and you fail to do so.
• We need to keep things safe, so no double parking, parking in red curb areas or blocking of pedestrian ramps or dumpsters.
Generally, tandem parking is the exception, not the rule, and is only permissible at those Communities where it is specifically
authorized. Please check with the Community Office and follow signs with respect to parking at your Community.
• Handicapped spaces are not assigned to specific Residents, and are available to vehicles bearing handicapped
identification. The Police Department will assess steep fines for vehicles violating laws relating to dedicated handicapped
spaces.
• Obey all parking signs, speed limits, directional instructions or other posted instructions. Any person driving or moving a
vehicle on the premises must hold a current, valid driver’s license.
• Residents are responsible for any vehicles belonging to guests, employees or invitees. We make no guarantees as to the
availability of unassigned or visitor parking.
• To the extent parking is assigned at your Community, we reserve the right in our sole discretion to change your assigned
space at any time and from time to time upon prior written notice.
• We are not responsible for any damage, vandalism or loss that occurs on the grounds. All parking is at the driver’s own
risk.
• Car washing and performing vehicle maintenance is not permitted on the Community or with Community utilities unless a
designated car washing area is provided.
• No motorized vehicle will be operated on sidewalks, walkways or any pedestrian area (unless, of course it is an assistance
device for someone with mobility impairment).
• Storing motorized vehicles in backyards, inside Units, or on patios or balconies is not allowed.
• Racing, gunning motors, squealing tires and loud radio playing in vehicles are not allowed.
• Resident shall obtain parking authorization for each vehicle that it owns and intends to park on the Community.
• Vehicles that do not have current parking authorization may be subject to towing at the vehicle owner's expense if they
appear to be: (a) inoperable; (b) abandoned; or (c) not owned by a current Resident.
• Automobiles will be deemed inoperable or abandoned if any one of the following occurs:
• 1) The automobile is not currently registered as evidenced by a license plate sticker or registration
• 2) The vehicle remains in the same parking space for more than two (2) weeks, or;
• 3) The physical condition of the automobile would render it inoperable (e.g. multiple flat tires, etc.).
• Vehicles that do not have current parking authorization will be determined to be not owned by a current Resident.
• Parking violations may be dealt with by towing, loss of parking privileges on the Community or possibly eviction, at our
discretion.
Campers, trailers, trucks, boats and recreational vehicles are prohibited without prior written authorization. Don't park them in areas
reserved for cars.
Garages
If garages are available at your Community, you may inquire at the Community Office about leasing one. Additional rent is often required
to lease a garage, and there's a security deposit for a garage door opener (the security deposit is refunded upon return of the garage door
opener).
Additional monthly rent and security deposits do not limit your liability for property damages, cleaning replacements, or personal injury.
If you use a garage, here are some basic guidelines and rules:
• Garages are for vehicle parking only. Storing of personal items other than vehicles, or any flammable liquids in your garage
is prohibited.
Safety Guidance
Your personal security, and that of your family and guests, is up to you. Regularly taking common-sense precautions can help you develop
the awareness you need to protect yourself, your family and friends, as well as your personal property. We encourage you to consistently
follow the guidelines listed below.
When you are at home:
• Lock your doors and windows.
• Never answer your door unless you know who is there. Use the peephole or window to confirm who is on the other side.
• If you are worried because you have lost a key, contact the Community Office to have the locks changed. While there is a
charge to change the lock, it's better to be safe than sorry.
• Keep emergency telephone numbers (police, fire and emergency medical) near the telephone.
• If you have broken locks, latches, doors, windows or smoke detectors, contact the Community Office immediately with a
repair request.
• Let the Community Office and trusted neighbors know if you are going to be gone for an extended period of time. While
neither can assume responsibility if a problem occurs, their increased awareness may play a role in prevention.
• Immediately report malfunctioning gate locks, or dark stairwells and parking areas.
• Close and lock your windows and sliding patio or balcony doors.
• Don't leave garage remotes, gate fobs or your keys in the car.
• Check the back seat before you get into the car.
Solicitation
Solicitation is prohibited in the Community. Except as prohibited by applicable law, soliciting of any kind by Resident, Resident's guests
or Resident's invitees is a material violation of this Agreement. If Resident is contacted by a solicitor, even if that person resides at the
Community, please contact Landlord immediately.
Access Gates
Some Communities are furnished with electronically controlled access gates.
Access gates are designed to open with an access gate card or remote control device. The Community Office will provide you with a card
or remote, and will demonstrate how to use it to open the access gate. If you lose an access device, you will need to pay the cost to
replace it.
Do NOT try to follow someone else through the gate. The gates are timed for one vehicle only and the gate may close on you or your
vehicle if you try follow the car in front of you. Trust us: Waiting the few extra seconds to open the gate with your own access device takes
a lot less time (and money) than repairing your car after a gate closes on it. Although the access gates contribute to the peace of mind of
our residents, they are not security and, the presence of the gates does not guarantee that crime can or will be prevented. In particular,
please be aware that non-residents may attempt entry by closely following a resident who is entering the Community. In addition to
allowing unauthorized visitors entry to the Community, this practice can damage the trailing vehicle and compromise the function of the
access gate.
Because We Care, Please Remember...
A fail-safe system or device just doesn't exist. Safety devices such as alarm systems, courtesy patrols, patrol cars, and access gates are
not guarantees against crime. All systems are subject to personnel absenteeism, human error, mechanical malfunctions and tampering.
In the end, your safety is your business, and we urge you to plan and take action as if safety systems and devices didn't exist. Don't
depend on outside systems for security – the best safety measures you can take are the common-sense ones you carry out yourself.
Leaving Us?
If your needs change and you need to relocate, please let us help you find another Community. We have quite a lot of options and will
make it easy for you. Speaking of easy, here are some guidelines for you to make the process of leaving your current Community as easy
as possible.
Let Us Know
As stated in your lease, you need to let us know, in writing, at least 30 days in advance of your anticipated departure date.
Preparing for Your Move-Out
We want your last few days with us to be as smooth as possible. We ask that you return your Unit to us at the same level of cleanliness
as it was when you moved in. That said, here are some helpful tips;
• Cleaning includes flooring, too! It was new or freshly steam-cleaned when you moved in so make sure to give it a good
vacuum and wipe-down. If you don't want to hassle with scheduling a company to steam-clean your carpets before you
move out, check with the Community Office for pricing of a professional carpet clean. We can simply deduct this amount
from your deposit (or send you a bill) for this as well.
Take a look at our cleaning checklist to make sure you have everything covered.
• Your Community Office can provide pricing for a professional cleaner which can be deducted from your security deposit or
billed to you upon move out.
• Remember to let the post office know you're moving. Visit www.usps.com for more details.
• Although you have told us you are moving, it is not official until you return all keys to us. You can return your keys to the
Community Office during business hours or after business hours at properties offering after-hours drop box. Please place
them in an envelope labeled with your name and unit number.
• Dust all the ceiling fixtures, including ceiling fans - they can harbor a lot of dirt.
• Clean all door knobs and doors, including your front and patio doors.
• Vacuum the exterior of exhaust fans, air ducts and air returns if they are dusty.
We strongly suggest that you request a pre-move-out inspection and be present for the move-out inspection, which are your
opportunities to review the condition of the Unit and any charges with us.
Cleaning and Repair Estimates
Please keep in mind that these are estimates only and that every case is different. If we do have to assess charges, you will be charged
the actual cost of repairs; the following prices are estimates only. If we incur a higher cost for replacing an item, you will be responsible
for paying the higher cost. Please note that this is not an all-inclusive list, and you may be charged for the replacement of items not on
the list. Unless otherwise indicated, costs are per item.
Unit clean Carpet clean † Painting by vendor Painting by Essex
Patio Glass Door $150-$800** Haul Trash $16-$35/hr Vertical Blind Cleaning $30 each
Countertop Refinishing $200-$500** Window Screen $15-$25 Tile $5-$10
Doors $40-$375 Broiler Pan Set $35 Towel Rack $10-$20
Garage Door $200-$500 Fumigation $50-$100 Lightbulb $2-$25
Window Glass $75-$300** Wood Floor Slats $10.75 sqft** Contact Paper Removal $16-$35/hr
Drip Pan Ring $2-$10 Mini Blinds $5-$76 Mirror $50-$350
Door Lock Set $35-$80 Refrigerator Shelf $25-$40 Fire Extinguisher $50-$75
Garage Cleaning $50-$100 Shower Rod $5-$20 Smoke Detector $35
Patio Screen $35-$75 Vertical Blinds $25-$60 Ceiling Fan $75-$100
Key/Opener $25-$150*** Ice Tray $2-$10
Light Fixture $75-$100 Shower Door $150-$350
Pet Damage
If we detect possible pet urine in your Unit, charges may be incurred for pet urine detection, which typically ranges from
$50-$100 per Unit as well as subfloor sealing, which typically ranges from $50 to $350 depending on the size of the Unit and the areas
to be sealed.
Paint
Paint is expected to last for 3 years. If we determine it is reasonably necessary to paint all or part of the rental premises at the end of your
tenancy, other than to remedy ordinary wear and tear, you will be charged the cost, based upon your length of residency.
Acknowledgement
As stated at the outset, the policies and house rules outlined above in the Community Handbook are terms of your Lease and will be
enforced as such. By signing below, you acknowledge that you have received and read the Handbook and you agree to comply with all
of the policies and house rules contained within it.
NOTE: This acknowledgement becomes part of your Lease. This is a binding Legal Document. Read it carefully before signing.
RESIDENT:
[sig|req|signer0] 10 / 14 / 2023
[date|req|signer0]
Carlos Andres Bedoya Morales Date
[sig|req|signer2] 10 / 14 / 2023
[date|req|signer2]
Cristian Camilo Cagua Fonseca Date
[sig|req|signer3] 10 / 14 / 2023
[date|req|signer3]
Monica Ardila Moreno Date
[sig|req|signer4] 10 / 14 / 2023
[date|req|signer4]
Karem Dahiana Riapira Morales Date
[sig|req|signer5] 10 / 14 / 2023
[date|req|signer5]
Daniel Camilo Sanchez Arguello Date
LANDLORD:
Essex Management Corporation, a California Corporation, as Agent for Owner
PARKING AGREEMENT
This Parking Agreement ("Agreement") is entered into on 10/14/2023 by and between Essex Management Corporation, a California
Corporation, as agent for Owner of the Community ("Landlord"), and Carlos Andres Bedoya Morales, Cristian Camilo Cagua Fonseca,
Monica Ardila Moreno, Karem Dahiana Riapira Morales, Daniel Camilo Sanchez Arguello (individually and collectively referred to herein
as "Resident"). Resident has rented from Landlord the premises located at 375 Vista Roma Way #03-122 ("Premises" or "Unit") within
the community commonly known as Bella Villagio (the "Community" or "Property") pursuant to the lease agreement dated 10/18/2023
(the "Lease"). Landlord and Resident agree as follows:
1. Resident hereby acknowledges that this Agreement is separate from, and independent of, the Lease and does not constitute a
housing service offered to Resident pursuant to the Lease.
2. Resident must be a current tenant in material compliance with Resident’s Lease including, but not limited to, current on all amounts
due and payable under the Lease in order to enter into this Agreement and continue to use Resident’s Parking Space. If Resident(s)'s
tenancy at the Property ends for any reason, Resident(s) and Landlord agree to mutually terminate this Parking Agreement as of
the date of the agreed-upon, court-ordered, or noticed termination of the tenancy. If Resident is not in material compliance with
Resident’s Lease and/or this Agreement, Resident acknowledges and agrees that Landlord may withdraw Resident’s permission to
utilize the Parking Space until such time that Resident cures the breach of Resident’s Lease and/or this Agreement (“Suspension
Period”).
3. Resident acknowledges the accuracy of the information provided below and agrees not to have any vehicles on the Property other
than those below. Resident shall notify Landlord within three calendar days of any changes to the below information.
VEHICLE #1 INFORMATION
EFFECTIVE DATE END DATE MAKE MODEL YEAR COLOR
10/18/2023 Toyota Camry 2022 Gray
PLATE STATE PARKING PERMIT # PARKING SPACE TYPE PARKING SPACE # PARKING FEE PER MONTH
9CGD933 CA None Assigned Garage 41 0.00
VEHICLE #2 INFORMATION
EFFECTIVE DATE END DATE MAKE MODEL YEAR COLOR
10/18/2023 Toyota Prius 2012 Silver
PLATE STATE PARKING PERMIT # PARKING SPACE TYPE PARKING SPACE # PARKING FEE PER MONTH
6WEK633 CA None Assigned Garage 38 0.00
VEHICLE #3 INFORMATION
EFFECTIVE DATE END DATE MAKE MODEL YEAR COLOR
PLATE STATE PARKING PERMIT # PARKING SPACE TYPE PARKING SPACE # PARKING FEE PER MONTH
VEHICLE #4 INFORMATION
EFFECTIVE DATE END DATE MAKE MODEL YEAR COLOR
PLATE STATE PARKING PERMIT # PARKING SPACE TYPE PARKING SPACE # PARKING FEE PER MONTH
VEHICLE #5 INFORMATION
EFFECTIVE DATE END DATE MAKE MODEL YEAR COLOR
PLATE STATE PARKING PERMIT # PARKING SPACE TYPE PARKING SPACE # PARKING FEE PER MONTH
4. Resident shall pay, per month, the sum total of all amounts listed in the above table under “PARKING FEE PER MONTH” (“Parking
Fee”) for use of the Garage, Carport, or Parking Space(s) (collectively “Parking Space”) (“Parking Fee”). The Parking Fee shall be
paid in full, in advance, on or before the first day of each month under the same terms and conditions for the payment of Rent
set forth in the Lease.
5. For each vehicle identified in the chart in Paragraph 3, Resident is permitted to utilize the Parking Space on the Effective Date listed
for such vehicle and shall continue from the first day of the month immediately following on a month-to-month basis until terminated,
excepting any Suspension Period. If the Suspension Period exceeds three consecutive months, this Agreement shall terminate and
the Parking Space will be released.
6. Resident acknowledges that all charges incurred under this Agreement, changes to this Agreement, increases or reduction in
services or fees related to this Agreement are separate from the Lease; however, for the sole convenience of Resident, and not to
reduce any rights of Landlord under this Agreement, Resident may make payments owed under this Agreement concurrently or
combined with rental payments for the above-referenced Premises as defined in the Lease.
7. Landlord and Resident agree that the actual cost to Landlord when Resident pays by a check which is subsequently dishonored by
the bank is difficult or impossible to ascertain, but the Parties agree that Landlord does, in the event of a dishonored check, incur
certain costs, such as additional bookkeeping and administrative charges, bank charges, lost opportunity cost of the late payment,
etc. The Parties accordingly agree that, any time the Landlord does not receive payment due to Resident's check being dishonored,
or returned for Non-Sufficient Funds (NSF), Resident agrees to pay a charge of $25 for the first dishonored check and $35 for any
subsequent dishonored check. Both parties agree that the payment of these sums does not constitute a license to pay by dishonored
check.
8. If a parking permit is required and it was lost or stolen, contact bellavillagio@essex.com for the replacement cost. Temporary
permits will NOT be issued. The lost and/or stolen permit must be returned to a Community employee if found. The lost and/or
stolen permit number will be invalid and any vehicle displaying it subject to tow.
9. The Parking Space shall be for the use of Resident's vehicle(s) only. No subleasing, assignment, or licensing of space allowed.
10. Resident accepts the Parking Space as being in good condition and will pay Landlord for repairs, cleaning, and removal of refuse
necessary due to negligence or misuse while under Resident's control. At the termination of this Agreement, the Parking Space will
be left free of any debris, broom swept, and undamaged. Resident is responsible for the costs of repair for all damage to the Parking
Space caused during the term of this Agreement.
11. No improvements or alterations shall be made without the prior written consent of Landlord and Resident agrees to protect the walls
and all fixtures, and not to place any nails, screws or books upon the doors, floors or garage walls. No other locks, keys or security
devices may be added to the garage
12. The Parking Space shall not be used for storage of goods. At no time may Resident maintain within the garage any article dangerous
or detrimental to life of the health of the occupants of the Community, nor may there be stored, kept or handled any straw excelsior,
cotton, paper stock, rags, junk or any other flammable material that may create a fire hazard. The use of any electrical equipment
inside any garage/carport/parking area is strictly prohibited.
13. Resident hereby agrees to comply with all rules and regulations issued by Landlord whether posted at the Premises, contained in
the Community Handbook or set forth in the Lease for the Premises or otherwise issued by Landlord. Resident acknowledges that
the failure to do so may result in the towing of the offending vehicle at the vehicle owner's sole cost and expense and also is a
material breach of the Lease, which may lead to the termination of Resident's tenancy. The parties hereto agree that Landlord may
modify or change any parking rules or regulations at any time upon ten (10) days' written notice.
14. Landlord does not provide any insurance insuring Resident's vehicle or other personal belongings. Landlord has no liability
whatsoever for loss or damage to the Resident's property, whether by fire, theft, vandalism, mysterious disappearance or otherwise
while any vehicles are stored within the Parking Space.
15. Resident will indemnify, hold harmless, and defend Landlord from all claims, demands, actions or causes of
action that are hereinafter made or brought about by others as a result of, or arising out of, Resident's use of
the Parking Space.
16. Any stored vehicles or other items shall be deemed abandoned if not removed within ten (10) days after termination of this
Agreement. Upon such abandonment, Landlord may tow vehicle or have it removed at Resident's sole expense. Any personal
property left will be disposed of in accordance with applicable law.
17. If this Agreement provides for the assignment of a specific assigned Parking Space, then Landlord shall have the right to reassign
the specific space for another assigned space upon ten (10) days' written notice to Resident.
18. If any provision of this Agreement is invalid or unenforceable under applicable law, such provision shall be ineffective to the extent
of such invalidity or unenforceability only without invalidating or otherwise affecting the remainder of this Agreement. Except as
specifically stated herein, all other terms and conditions of the Lease shall remain unchanged. In the event of any conflict between
the terms of this Agreement and the terms of the Lease, the terms of this Agreement shall control.
RESIDENT:
[sig|req|signer0] 10 / 14 / 2023
[date|req|signer0]
Carlos Andres Bedoya Morales Date
[sig|req|signer2] 10 / 14 / 2023
[date|req|signer2]
Cristian Camilo Cagua Fonseca Date
[sig|req|signer3] 10 / 14 / 2023
[date|req|signer3]
Monica Ardila Moreno Date
[sig|req|signer4] 10 / 14 / 2023
[date|req|signer4]
Karem Dahiana Riapira Morales Date
[sig|req|signer5] 10 / 14 / 2023
[date|req|signer5]
Daniel Camilo Sanchez Arguello Date
LANDLORD:
Essex Management Corporation, a California Corporation, as Agent for Owner
a. The Master Policy coverage is not personal liability insurance nor Renters Insurance. Landlord makes no warranty or
representation that Master Policy covers the Resident’s personal property (contents) or additional living expenses. Landlord
is the named insured under the Master Policy. The Master Policy covers damage to the Unit and Property for which the
Resident is legally liable. It does not protect Resident as if Resident had purchased personal liability or Renters Insurance
from an insurance agent or insurance company.
b. Coverage under the Master Policy may be more expensive than the cost of required insurance available to the Resident from
another provider. At any time, Resident may contact an agent of their choice for Renters Insurance options to provide the
insurance required under this Addendum.
c. If Landlord schedules the Unit for coverage under the Master Policy, Resident shall pay a monthly fee of $14.39 (“Admin
Fee”), pro rated, representing the administrative costs associated with enrolling the Unit in a master insurance policy,
managing the master policy program, collecting the Admin Fee from Resident, and the cost to Landlord for the Master Policy.
Resident acknowledges that the Admin Fee is subject to change on thirty (30) days’ notice. The Admin Fee is due with
Resident’s Monthly Base Rent, in advance, on or before the 1st of each month, paid in a method identified in the Lease.
d. COVERAGE UNDER THE MASTER POLICY IS NOT MANDATORY AND NOT RECOMMENDED. IT IS HIGHLY
RECOMMENDED THAT RESIDENT INSTEAD PURCHASE REQUIRED INSURANCE FROM AN INSURANCE AGENT OR
INSURANCE COMPANY OF RESIDENT’S CHOICE, SO LONG AS THAT INSURANCE COVERAGE COMPLIES WITH
PARAGRAPH 3. Upon Landlord’s receipt of proof of Resident’s insurance pursuant to paragraph 3 above, coverage
under the Master Policy will be terminated. Landlord’s election to enroll the Unit in the Master Policy will not be
deemed a waiver or cure of Resident’s breach under this Addendum. If Resident fails to obtain the required insurance,
Resident is in breach of this Addendum and the Lease, and Landlord reserves all rights and remedies for that breach,
including termination of Resident’s tenancy, even if Landlord has purchased coverage for the Unit under the Master
Policy.
6. The existence of insurance does not absolve Resident of liability for damages or costs to the Unit and/or Property for which
Resident is responsible pursuant to the Lease. In the event of such damage or costs, Resident is required to provide Landlord with
copies of any other additional insurance policies, including, but not limited to, umbrella insurance policies, that may provide
coverage for the damage. Resident remains fully, financially responsible for any loss or damage caused by Resident and
Residents’ guests.
7. If any provision of this Addendum or the Lease is invalid or unenforceable under applicable law, such provision shall be ineffective
to the extent of such invalidity or unenforceability only, without invalidating or otherwise affecting the remainder of this Addendum
or the Lease. Except as specifically stated herein, all other terms and conditions of the Lease shall remain unchanged. In the event
of any conflict between the terms of this Addendum and the terms of the Lease, the terms of this Addendum shall control.
RESIDENT:
[sig|req|signer0] 10 / 14 / 2023
[date|req|signer0]
Carlos Andres Bedoya Morales Date
[sig|req|signer2] 10 / 14 / 2023
[date|req|signer2]
Cristian Camilo Cagua Fonseca Date
[sig|req|signer3] 10 / 14 / 2023
[date|req|signer3]
Monica Ardila Moreno Date
[sig|req|signer4] 10 / 14 / 2023
[date|req|signer4]
Karem Dahiana Riapira Morales Date
[sig|req|signer5] 10 / 14 / 2023
[date|req|signer5]
Daniel Camilo Sanchez Arguello Date
LANDLORD:
Essex Management Corporation, a California Corporation, as Agent for Owner
SMARTRENT ADDENDUM
This SMARTRENT Addendum (“Addendum”) is entered into on 10/14/2023 by and between Essex Management Corporation, a California
Corporation of the Community (“Landlord”), and Carlos Andres Bedoya Morales, Cristian Camilo Cagua Fonseca, Monica Ardila Moreno,
Karem Dahiana Riapira Morales, Daniel Camilo Sanchez Arguello (individually and collectively referred to herein as “Resident”). Resident
has rented from the Landlord the premises located at 375 Vista Roma Way #03-122 (“Premises” or “Unit”) within the community commonly
known as Bella Villagio (the “Community” or “Property”) pursuant to the lease agreement dated 10/18/2023 (the “Lease”). Landlord and
Resident agree as follows:
1. Subject to Landlord’s right to cancel or modify this Addendum at any time, Landlord may provide the following services and
equipment: Smart Thermostat; Smart Door Lock; Smart Leak Detector; Smart Plug; and/or Smart Hub (collectively the
“SmartRent Equipment”).
2. Resident may purchase add-on items and equipment, as offered by SmartRent, at Resident’s expense. This includes, but is not
limited to, Smart Motion Sensors and Smart Light Bulbs. For any additional devices purchased, Resident is solely responsible for
all associated costs, maintenance, and security. If Resident voluntarily elects to use such additional devices, Resident
acknowledge the risks and accept responsibility of any costs incurred from installation or use of these devices. This includes any
harms or limitations imposed on the functionality of the SmartRent Equipment provided by Landlord. Both during tenancy and after
it has ended, any additional SmartRent purchases will be your exclusive property and responsibility.
3. Some features of SmartRent Equipment may be used only by downloading and using the SmartRent mobile application available
for smartphones and smart devices via the Apple App Store for iOS devices and the Google Play Store for Android devices (the
“Mobile App” and together with the SmartRent Equipment, “SmartRent”). Resident’s use of the Mobile App is subject to all terms
and conditions of the license agreement for the Mobile App. More information regarding the terms and conditions of the license
agreement may be found on the corresponding Mobile App websites. Resident acknowledges and agrees that the Mobile App and
the Mobile App websites are not owned, controlled, or managed by Landlord.
4. If Resident is locked out and/or experiencing technical problems regarding the Smart Door Lock, immediately contact SmartRent
and its designated support service for assistance. SmartRent has a 24-hours a day, 365-days a year call center available for all
lock issues, which may be contacted at (844) 479-1555. This telephone number may be updated by SmartRent from time to
time. More information can be found on SmartRent’s mobile application or website, https://smartrent.com/. Landlord may assist
Resident with lockouts at cost for a fee. Landlord is not liable for technical difficulties associated with the SmartRent Equipment.
5. EXCEPT AS PROVIDED IN THIS ADDENDUM, RESIDENT UNDERSTANDS THAT THE SMARTRENT EQUIPMENT IS NOT
SUPERVISED, INSPECTED, PATROLLED, OR MONITORED BY LANDLORD IN ANY WAY. LANDLORD MAKES NO
REPRESENTATIONS, RECOMMENDATIONS, OR WARRANTIES REGARDING PROVIDERS OF SMARTRENT TO WHOM
RESIDENT IS REFERRED BY LANDLORD. RESIDENT USE THE SMARTRENT EQUIPMENT AT RESIDENT’S OWN RISK. TO
THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, LANDLORD IS NOT AND SHALL NOT BECOME LIABLE TO
RESIDENT, AUTHORIZED OCCUPANTS, RESIDENT’S INVITEES, RESIDENT’S GUESTS OR OTHER OCCUPANTS OF THE
PREMISES FOR ANY INJURY, DAMAGE OR LOSS WHICH IS CAUSED AS A RESULT OF ANY PROBLEM, BREACH,
DEFECT, CORRUPTION, ATTACK, VIRUS, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, MALFUNCTION
OR PERFORMANCE FAILURE OF THE SMARTRENT. LANDLORD OR ITS AGENT, CONTRACTORS, EMPLOYEES, OR
REPRESENTATIVES SHALL NOT BE LIABLE IN ANY WAY FOR ANY DISRUPTION IN THE OPERATION OR PERFORMANCE
OF SMARTRENT EQUIPMENT. RESIDENT HEREBY RELEASE LANDLORD AND ITS AGENTS, CONTRACTORS,
EMPLOYEES, AND REPRESENTATIVES OF AND FROM ANY AND ALL LIABILITY IN CONNECTION WITH SMARTRENT.
ANY OTHER PROVISION OF THIS ADDENDUM NOTWITHSTANDING, THE RESIDENT ACKNOWLEDGES AND AGREES
THAT (A) NEITHER LANDLORD NOR ANY PARTY ON BEHALF OF LANDLORD IS MAKING ANY REPRESENTATIONS OR
WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, BEYOND THOSE EXPRESSLY MADE BY LANDLORD AND
RESIDENT IN THIS ADDENDUM, AND (B) THE RESIDENT HAS NOT BEEN INDUCED BY, OR RELIED UPON, ANY
REPRESENTATIONS, WARRANTIES OR STATEMENTS (WRITTEN OR ORAL), WHETHER EXPRESS OR IMPLIED, MADE
BY LANDLORD, THAT ARE NOT EXPRESSLY SET FORTH IN THIS ADDENDUM.
6. Resident understand that use of the SmartRent features may involve installation of certain equipment in the Premises, and/or
providing certain equipment to Resident. Initial installation is performed with no cost to Resident. If Resident loses, damages, or
destroys any of the SmartRent Equipment, Resident will be responsible for the full replacement and/or repair cost of such
SmartRent Equipment, plus any applicable installation fees. Resident will surrender the SmartRent Equipment provided by
Landlord at the end of the Lease term in as good condition as existed at the beginning of the Lease term, ordinary wear and tear
excepted. Except as otherwise expressly provided herein, Resident will not make any alterations,additions, removals, repairs
or improvements to Landlord’s SmartRent Equipment without Landlord’s prior written consent. If Resident suspects damage to any
SmartRent Equipment, Resident must notify Landlord immediately. If Resident fails to promptly notify Landlord of any problem,
failure, malfunction, defect or other issue with the SmartRent Equipment, then the SmartRent Equipment will be deemed to be in
good condition and working order. Resident agrees not to unplug or otherwise remove or tamper with the SmartRent Equipment,
including the Smart Hub. Resident acknowledges and agrees that unplugging the Smart Hub will compromise the SmartRent
Equipment’s connectivity, functionality and performance. In addition to any costs associated with the repair or replacement of
damaged or lost SmartRent Equipment, Resident also agrees to reimburse Landlord for any costs incurred to plug in and
reconnect SmartRent Equipment that has been unplugged or removed by Resident, Authorized Occupants, Resident’s Guests,
and/or Resident’s invitees. Further, in the event that a third-party service provider or vendor assists in installing or activating the
SmartRent Equipment and charges a fee for cancelling, rescheduling, or missing an appointment, then Resident is liable for the
full amount of the fee. All SmartRent Equipment used in connection with SmartRent must be approved and/or installed by
Landlord’s maintenance employees or approved vendors.
7. LANDLORD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING SMARTRENT, EXPRESS OR
IMPLIED (INCLUDING THOSE REFERRED TO IN THE UNIFORM COMMERCIAL CODE OR IN ANY STATUTE OR RULE OF
LAW THAT CAN BE LIMITED OR WAIVED OR ANY REPRESENTATION OR WARRANTY THAT WOULD OTHERWISE BE
APPLICABLE TO REAL PROPERTY), AND SMARTRENT SHALL BE DEEMED TO BE “AS IS, WHERE IS,” AND IN ITS THEN
PRESENT CONDITION, AND RESIDENT SHALL RELY UPON ITS OWN EXAMINATION THEREOF. IN ANY EVENT,
LANDLORD MAKES NO WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
QUALITY WITH RESPECT TO ANY OF THE SMARTRENT EQUIPMENT, OR AS TO THE CONDITION OR WORKMANSHIP
THEREOF OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT.
8. If any provision of this Addendum is declared or found to be illegal, unenforceable, or void, in whole or in part, then the parties
shall be relieved of all obligations arising under such provision, but only to the extent that it is illegal, unenforceable, or void, it
being the intent and agreement of the parties that this Addendum shall be deemed amended by modifying such provision to the
extent necessary to make it legal and enforceable while preserving its intent or, if that isnot possible, by substituting therefor
another provision that is legal and enforceable and achieves the same objectives.
RESIDENT:
[sig|req|signer0] 10 / 14 / 2023
[date|req|signer0]
Carlos Andres Bedoya Morales Date
[sig|req|signer2] 10 / 14 / 2023
[date|req|signer2]
Cristian Camilo Cagua Fonseca Date
[sig|req|signer3] 10 / 14 / 2023
[date|req|signer3]
Monica Ardila Moreno Date
[sig|req|signer4] 10 / 14 / 2023
[date|req|signer4]
Karem Dahiana Riapira Morales Date
[sig|req|signer5] 10 / 14 / 2023
[date|req|signer5]
Daniel Camilo Sanchez Arguello Date
LANDLORD:
Essex Management Corporation, a California Corporation, as Agent for Owner
Garage Remotes 5
Mailbox Keys 5
Storage Keys 1
2. Access Devices will not be issued to non-lease holders including, but not limited to minors who occupy the Unit, Resident's cleaning
staff, service staff or child/adult care workers. Properties without access entry keys, fobs and other card systems may be equipped
with a numerical pin code device. If such pin codes are issued, Resident will be given the code at the time of move in. Resident
agrees not to share Access Devices or pin codes with non-residents.
3. Resident understands and agrees that Resident's use of any Access Device may be monitored by Landlord and information as to
Resident's use of an Access Device may be retained and reviewed by Landlord in its sole discretion. Landlord's use of this information
may include, but is not limited to, monitoring use of amenities and investigating theft and/or other damage to an amenity or equipment
contained therein.
4. Resident shall not change or install any special locks requiring an entry key without written consent of Landlord.
5. All Access Devices must be returned upon vacating the Unit.
6. If an Access Device becomes lost, stolen or damaged, or is not returned upon the termination of the tenancy created by the Lease,
Resident agrees to report such loss, theft, or damage to Landlord immediately and pay the replacement fee. The replacement fee is
calculated by Landlord after making a reasonable endeavor to estimate accurately the approximate costs associated with the
replacement of each Access Device. Landlord and Resident agree that the actual cost to Landlord when an Access Device becomes
lost, stolen or damaged, is difficult or impossible to ascertain, but the Parties agree that Landlord does, in the event of a lost, stolen
or damaged Access Device, incur certain costs, such as the cost of replacement, reprogramming, additional record keeping and
similar administrative time. Resident may contact the Management Office to determine the replacement fee for Resident’s Access
Device.
7. If the Property is equipped with an access directory, Resident may designate the name to be displayed so long as the name displayed
is a signatory to the Lease. Long distance telephone numbers are prohibited as directory numbers. In some cases, cellular telephone
numbers may not be used as a directory number. Additional Directory instructions may be included in Resident's move-in package.
8. Landlord may provide a lock-out service subject to a fee during office hours for all authorized occupants of the Unit, including
minors. After hours lockouts are not considered a maintenance emergency. If Resident requires a lock-out service after the
Management Office has closed, Resident should retain the services of a locksmith at Resident’s own cost. Resident is responsible
for taking necessary precautions to see that members of Resident’s household do not lock themselves out of the Unit without a
key. For Residents with SmartRent access devices, please refer to the SmartRent addendum for information regarding
lock outs.
a. If you do not want members of your household asking a staff person to let them into the Unit, please notify Landlord in
writing. If Landlord does not receive written instructions signed by a leaseholder, Landlord will continue to let any member
of your household whose name is listed on the Lease, including minors, into the Unit upon request.
b. Landlord may, but will not be obligated to, require the authorized occupant to provide picture identification acceptable to
Landlord each time that the authorized person seeks access the Premises.
c. Resident understands Landlord will not supervise the authorized person while in the Premises or on the Property.
d. Landlord may discontinue this service at any time, with or without cause. Landlord is not responsible for any damages or
injuries which may occur for either granting or denying access to anyone consistent with this policy.
9. RESIDENT AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER OF THE PROPERTY, LANDLORD,
ESSEX PROPERTY TRUST, INC., ESSEX PORTFOLIO MANAGEMENT, L.P., EACH OF THEIR AFFILIATES AND
SUBSIDIARIES AND EACH AND EVERY OFFICER, AGENT, AND EMPLOYEE OF EACH OF THE FOREGOING ENTITIES FOR
ANY LIABILITY OR LOSS OF ANY KIND WHATSOEVER RELATING TO OR RESULTING FROM (1) LANDLORD PROVIDING
ACCESS TO THE PREMISES; AND (2) UNAUTHORIZED USE OF RESIDENT’S ACCESS DEVICE.
10. If any provision of this Addendum or the Lease is invalid or unenforceable under applicable law, such provision shall be ineffective
to the extent of such invalidity or unenforceability only without invalidating or otherwise affecting the remainder of this addendum or
the Lease. Except as specifically stated herein, all other terms and conditions of the Lease shall remain unchanged. In the event of
any conflict between the terms of this Addendum and the terms of the Lease, the terms of this Addendum shall control.
RESIDENT:
[sig|req|signer0] 10 / 14 / 2023
[date|req|signer0]
Carlos Andres Bedoya Morales Date
[sig|req|signer2] 10 / 14 / 2023
[date|req|signer2]
Cristian Camilo Cagua Fonseca Date
[sig|req|signer3] 10 / 14 / 2023
[date|req|signer3]
Monica Ardila Moreno Date
[sig|req|signer4] 10 / 14 / 2023
[date|req|signer4]
Karem Dahiana Riapira Morales Date
[sig|req|signer5] 10 / 14 / 2023
[date|req|signer5]
Daniel Camilo Sanchez Arguello Date
LANDLORD:
Essex Management Corporation, a California Corporation, as Agent for Owner
UTILITIES ADDENDUM
This Utilities Addendum ("Utilities Addendum") dated 10/14/2023 is attached to and made a part of the lease agreement dated 10/18/2023
(the "Lease") by and between Essex Management Corporation, a California Corporation, as agent for Owner ("Landlord"), and Carlos
Andres Bedoya Morales, Cristian Camilo Cagua Fonseca, Monica Ardila Moreno, Karem Dahiana Riapira Morales, Daniel Camilo
Sanchez Arguello (individually and collectively referred to herein as "Resident") for the rental of the premises located at 375 Vista Roma
Way #03-122 (the "Premises" or "Unit") within the community commonly known as Bella Villagio (the "Community" or "Property"). All
terms not specifically defined herein shall have the same definition as found in the Lease. Resident and Landlord agree as follows:
1. General: Residents monthly rent under the Lease does not include charges for any utilities. Resident is responsible for the costs of
all utilities identified on Exhibit A to this Utilities Addendum. Residents may be charged for utilities in two ways: Direct-Bill Utilities
and Allocated Utilities.
2. Direct-Bill Utilities: For the "Direct-Bill Utilities" identified on Exhibit A, Resident is required to set up service with the utility provider
and be billed directly from the utility provider as the Customer of Record. Service must be established as of the Lease start date in
Resident's name by contracting directly with the utility provider and failure to do so may result in an interruption of services and is
considered a material breach of the Lease. Landlord and Resident agree that if Resident fails to establish service in Resident's own
name, Landlord or Billing Provider will incur certain costs (e.g., additional bookkeeping, administrative time, and lost opportunity
costs) that will be difficult or impossible to ascertain. Landlord and Resident agree that the amount set forth in Exhibit A is a fair
estimate of the damages Landlord will suffer as a result of Resident's failure. Resident must terminate Direct Billed Utility service
provided in their name when Resident vacates the Premises.
3. Allocated Utilities
a) The other utilities for which Resident is responsible are referred to herein as "Allocated Utilities." Resident agrees to pay to Landlord,
as additional rent, all Allocated Utilities during the term of the Lease. For the Allocated Utilities, Resident shall pay a monthly
amount stated in a separate bill ("Allocated Utility Bill") sent to Resident by Landlord or a third party billing service provider ("Billing
Provider") for the Property. Payment of the Allocated Utility Bill is due as noted on each Allocated Utility Bill. Unless otherwise
provided, Resident agrees to pay the Allocated Utility Bill monthly at the location identified on such Allocated Utility Bill.
b) Resident agrees that Landlord may bill for additional utilities and services, at which time such additional utilities and services shall
for all purposes be included in the term "Allocated Utilities," as well as change the Billing Provider, the method of billing and/or
the method of allocation with thirty (30) days' written notice to Resident.
c) Charges for Allocated Utilities, (if any) will itemize the beginning and ending meter readings, the rate charged to Resident and any
other information required by applicable law, rules or regulations. Billing amounts will be determined by multiplying the sub-meter
readings for the Resident's Premises by the effective utility rate that is charged to Landlord. The effective rate is calculated by
adding together all charges from the utility provider, including base fees, miscellaneous charges, fees and taxes contained on the
utility bills divided by the total consumption. Resident agrees to allow Landlord, or the Billing Provider, access to Resident's
Premises in order to install, repair, remove and/or read sub-meters. To the extent permitted by applicable law, the Billing Provider
may estimate Resident's sub-meter consumption of Allocated Utilities if Resident's sub-meter is broken, a meter cannot be read,
does not transmit a meter reading or upon move-in or move-out.
d) Resident's Allocated Utilities may be estimated if Landlord or Billing Provider has not received bills from utility providers in time to
prepare Resident's Allocated Utility Bill.
e) The allocation formulas set forth in Exhibit A will calculate Resident's share of the Allocated Utilities and all costs of providing same
in accordance with state and local law. Under any allocation method, Resident may be paying for utility usage in common areas
or in other residential units as well as administrative fees or other charges imposed by the utility provider. Both Landlord and
Resident agree that using the allocation formula set forth herein as a basis for allocating utility costs is fair and reasonable, while
recognizing that the allocation method does not reflect actual utility consumption by Resident.
f) For Allocated Utilities, all charges assessed to Landlord from the utility providers or on property tax bills may be used to calculate
the amount charged to Resident under the allocation formula. Such charges may include, but are not limited to, usage charges,
miscellaneous charges, fees, taxes, drought or other surcharges, fines or other penalties. Allocated charges for Trash may include
all costs incurred by Landlord relating to Trash, including, but not limited to charges from the hauler for removing the trash and
recycling, porter service, bulky item removal, cleaning of the bins and deodorizing services, third party vendor contracts providing
services relating to trash and recycling as well as composting costs where required.
4. Common Area Deduction ("CAD"): If indicated in Exhibit A, a CAD is deducted from the sum of the Landlord's utility bills for the
utility indicated and relates to the expense of such utility associated with any common areas such as laundry facilities, irrigation,
pools, fountains, etc. Landlord and Resident agree that the exact amount of utilities consumed in the common areas cannot be
determined precisely; therefore, the CAD indicated is a fair and reasonable estimate of the usage in common areas even though the
utilities are not separately metered. Landlord will deduct the percentage of CAD identified in Exhibit A from the sum of the Landlord's
utility bills for the utility indicated each month before allocation of such bills to Resident according to the allocation formulas described.
The percentage CAD deduction may be changed by Landlord with thirty (30) days' written notice by Landlord to Resident.
5. Default in Payment of Allocated Utility Bills
a) To the extent permitted by law, any delinquent payment of an Allocated Utility Bill shall be considered a default under the Lease
to the same extent and remedies as if Resident had been delinquent in Resident's payment of the monthly rent.
b) Landlord and Resident agree that when Resident fails to pay Allocated Utility Bills on time, Landlord may apply monthly rent to
the overdue Utility Bill. If Resident fails to pay Allocated Utility Bills on time, or when Resident pays by a dishonored check, the
actual cost to Landlord and/or Billing Provider is difficult or impossible to ascertain, but Landlord and Resident agree that
Landlord and/or Billing Provider does, in the event of late payment or in the event of a dishonored check, incur certain costs,
such as additional bookkeeping and administrative time, bank charges, lost opportunity costs of the late payment, etc. After
making a reasonable endeavor to estimate accurately the approximate costs associated with a non-payment of the Allocated
Utility Bill, Landlord and Resident agree that the amount set forth in Exhibit A is a fair estimate of the damages Landlord will
suffer as a result of the late payment. The parties further agree that an NSF fee of $25.00, plus the payment required to replace
the dishonored check, is a fair and reasonable amount to compensate Landlord in the event Resident's check is dishonored.
The Parties further agree that the payment of these sums does not constitute an agreement to pay Allocated Utility Bills late
and/or to pay by dishonored check.
6. Upon vacating the Premises, a final Allocated Utility Bill will be issued by either the Billing Provider or Landlord. The cut-off date for
this final bill will be the date that Resident surrenders possession of the Premises to Landlord. To the extent permitted by law,
Resident acknowledges and agrees that any unpaid Allocated Utility Bill, together with the amount of the final bill, may be deducted
from the security deposit, as additional rent, at the termination of the Lease.
7. Landlord is not liable for any losses or damages Resident incurs as the result of outages, interruptions, or fluctuations in utilities
provided to the Premises and waives any claims against Landlord for offset, reduction of rent or diminished rental value of the
Premises, except if the direct result of the sole negligence of Landlord.
8. Resident agrees not to terminate, cut off, interrupt or interfere with any system supplying utility services to the Premises and shall
not disturb, tamper, adjust, or disconnect any utility service sub-metering device. Resident shall not intentionally utilize utilities of
another unit whether or not such unit is occupied. Resident shall not breach any cable or satellite dish system, but will instead contract
with appropriate parties for use of such services.
9. Resident agrees to comply with any utility conservation efforts implemented by Landlord and abide by all applicable laws and
ordinances pertaining to utilities. Resident further agrees to reimburse and indemnify Landlord for all fines or other penalties incurred
by Landlord as a result of Resident's violation of any statute, ordinance, regulation or other governmental restriction.
10. Landlord may modify the method by which utilities are furnished to Resident's unit and/or billed to Resident during the term of the
Lease. This includes, but is not limited to, sub-metering the unit for certain utility services and/or changing the allocation formula.
Such changes may also include changing the CAD percentage and/or changing flat-rate amounts. In the event Landlord chooses to
modify the method or allocation formula used to calculate charges for utility services, Landlord will provide Resident at least thirty
(30) days' prior written notice of such modification.
11. Any provision specifically required by applicable law which is not included in this Utilities Addendum is hereby inserted as an
additional provision of this Utilities Addendum, but only to the extent required by applicable law and then only so long as the provision
of the applicable law is not repealed or held invalid by a court of competent jurisdiction.
12. If any provision of this Utilities Addendum or the Lease is invalid or unenforceable under applicable law, such provision shall be
ineffective to the extent of such invalidity or unenforceability only without invalidating or otherwise affecting the remainder of this
addendum or the Lease. Except as specifically stated herein, all other terms and conditions of the Lease shall remain unchanged. In
the event of any conflict between the terms of this Utilities Addendum and the terms of the Lease, the terms of this Utilities Addendum
shall control.
RESIDENT:
[sig|req|signer0] 10 / 14 / 2023
[date|req|signer0]
Carlos Andres Bedoya Morales Date
[sig|req|signer2] 10 / 14 / 2023
[date|req|signer2]
Cristian Camilo Cagua Fonseca Date
[sig|req|signer3] 10 / 14 / 2023
[date|req|signer3]
Monica Ardila Moreno Date
[sig|req|signer4] 10 / 14 / 2023
[date|req|signer4]
Karem Dahiana Riapira Morales Date
[sig|req|signer5] 10 / 14 / 2023
[date|req|signer5]
Daniel Camilo Sanchez Arguello Date
LANDLORD:
Essex Management Corporation, a California Corporation, as Agent for Owner
Hot Water
Landlord Allocation formula 50/50 0%
Energy
2. Resident's billing statement will include a monthly service charge of no more than $6.00. The service charge represents the reasonable
value of services provided by Landlord and/or the Billing Provider to allocate the utility costs, provide billing to Resident, process payments
and, where applicable, postage costs. The monthly service charge is subject to change upon thirty (30) days' written notice. In any
jurisdiction where such charges are prohibited for one or more specific utility, the monthly service charge does not include any costs for
preparing bills or other services relative to those specific utilities.
3. As set forth in this Utilities Addendum, a late fee of $0 may be imposed anytime Resident fails to pay an Allocated Utility Bill by the due
date set forth in the Allocated Utility Bill.
4. As set forth in this Utilities Addendum, a fee of $50 may be imposed each month (or part thereof) that a Resident fails to put a Direct
Bill Utility into Resident's own name.
5. While Landlord reserves the right to change who prepares Allocated Utility Bills at the Property, at the time of execution of this Utilities
Addendum, Allocated Utility Bills are provided to Resident by:
a) A Third Party Billing Provider, which, as of the execution of this Utilities Addendum is Conservice. The Third Party Billing
Provider may be contacted with any questions or concerns regarding their billing any time between 5:00 A.M. and 7:00 P.M
MT at (866) 947-7379, via letter to P.O. Box 4718, Logan, UT 84323, or email at service@conservice.com.
of all the residents at the Property at a given point in time, usually monthly) and 50% of the square footage of the Premises as a
percentage of all occupied square footage at the Property.
a. To determine the occupancy portion of the allocation, Billing Provider or Landlord will divide the charges being allocated in half
after applying the CAD and then divide the result by the total occupant usage factor. Billing Provider will calculate Resident's
share by multiplying the result of this calculation by the occupancy factor based upon the total number of authorized occupants
in Resident's Premises. Because two people do not use twice as much of a utility as one person due to shared usage, the
following occupancy factor is used to reflect an estimate of consumption. The occupancy factor is determined by the following:
b. To determine the square footage portion of the allocation, Billing Provider will take the remaining charges to be allocated and divide
it by the total occupied square feet and then multiply the result of this calculation by the estimated square footage of Resident's
Premises.
c. The amounts resulting from the above-calculations are added together to determine Resident's allocated share of the utility charges
and will be reflected on Resident's Allocated Utility Bill.
2. "100% Occupancy" allocation means, after deducting the CAD, Billing Provider divides the charges being allocated by the total
occupant usage factor of the authorized occupants at the Property. Billing Provider calculates Resident's share by multiplying the
result of this calculation by the occupancy factor based upon the total number of authorized occupants in the Premises.
3. "100% Square Footage" allocation means, after deducting the CAD, Billing Provider divides the charges being allocated by the total
square feet of all occupied square footage. Billing Provider will then multiply the result of this calculation by the estimated square
footage of Resident's Premises.
4. "By Unit" means the total charges being allocated, after deducting the CAD is divided by the total number of units at the Property and
the result is Resident's allocation.
5. "Not to Exceed Amount." If the Property is in a rent-controlled jurisdiction, Landlord and Resident understand and acknowledge that,
for purposes of the applicable rent control ordinance, all utilities charges required to be paid by Resident under the Utilities Addendum
are considered a portion of the rent paid for the Premises and shall be considered as part of the rent when calculating allowable
increases under the rent control ordinance. The maximum utility rent to be billed to Resident by or on behalf of Landlord (as opposed
to any Direct-Bill Utilities) shall be the amount calculated by adding together all of the "not to exceed" amounts for utilities for which
Residents are responsible according to the above table as well as any monthly billing or service fees required under the Utility
Addendum, if applicable. The rent related to these utilities and services actually billed to Resident may be less than the "not to exceed"
amounts in order to reward overall conservation efforts and to pass on to Resident decreases in rates from the utility providers.
6. "Flat Rate" charges are set by Landlord and may or may not be based on a specific formula.
7. For sewer charges when the "Water Usage" box is checked, allocation is based upon the sub-metered usage of water. Resident's
share of the sewer utility charges to Landlord shall be calculated by taking the amount of sub-metered water usage and multiplying it
by the effective rate for sewer charged by the utility provider. For additional information regarding sub-meter calculations, please refer
back to the Utility Addendum paragraph related to charges for allocated utilities based on sub-meter readings.
8. "Hot Water Energy" means energy used in a central water heating system at the Property to heat water which is then supplied to the
Resident's premises for hot water and/or heat.
MOLD ADDENDUM
This Mold Addendum ("Addendum") dated 10/14/2023 is attached to and made a part of the lease agreement dated 10/18/2023 (the
"Lease") by and between Essex Management Corporation, a California Corporation, as agent for Owner of the Community ("Landlord"),
and Carlos Andres Bedoya Morales, Cristian Camilo Cagua Fonseca, Monica Ardila Moreno, Karem Dahiana Riapira Morales, Daniel
Camilo Sanchez Arguello (individually and collectively referred to herein as "Resident") for the rental of the premises located at 375 Vista
Roma Way #03-122("Premises" or "Unit") within the community commonly known as Bella Villagio (the "Community" or "Property"). All
terms not specifically defined in this Addendum shall have the same definition as found in the Lease. Landlord and Resident agree as
follows:
1. Mold consists of naturally occurring microscopic organisms. Mold breaks down and feeds on organic matter in the environment.
When moldy materials are damaged or disturbed, mold spores and other materials may be released in the air. Exposure can occur
through inhalation or direct contact. Most molds are not harmful to most people, but it is believed that certain types and amounts of
mold may lead to adverse health effects in some people. In order to prevent organic growth within the Premises, Resident specifically
agrees to:
a. KEEP THE PREMISES CLEAN:
• Maintain good housekeeping practices and regularly dust, vacuum and mop to keep the Premises free of dirt and debris
that can contribute to mold growth
• Use household cleaners on hard surfaces
• Remove garbage regularly and remove moldy or rotting items promptly from the Premises (whether food, wet clothing, or
other material)
b. CONTROL MOISTURE IN THE PREMISES AND INCREASE AIR CIRCULATION:
• Use hood vents when cooking
• Use exhaust fans when bathing/showering until moisture is removed from the bathroom
• Hang shower curtain inside the bathtub when showering or securely close shower doors
• Leave bathroom and shower doors open after use
• Use air conditioning, heating and/or fans as necessary to keep air circulating throughout the Property
• Water all indoor plants outside
• Close windows and doors (when appropriate) to prevent rain and other water from coming inside the Premises
• Open windows when appropriate to increase air circulation
• Wipe up visible moisture
• If a dryer is installed in the Property, ensure that the vent is properly connected and clear of any obstructions and clean the
lint screen regularly
• Ensure good air circulation in closets, cupboards and shelves by periodically keeping them open, not stacking items tightly,
and/or using products to control moisture
• Regularly empty dehumidifier, if used
c. PERIODICALLY INSPECT THE UNIT FOR MOISTURE AND MOLD:
The most reliable methods for identifying the presence of elevated amounts of mold are (1) smell and (2) routine visual
inspections for mold or signs of moisture and water damage. Resident agrees to conduct an inspection of the Premises (both
visually and by smell) for the presence of mold growth inside the Premises at least once per month. The inspection will include,
but is not limited to:
• Window frames, baseboards, walls and carpets
• The ceiling
• Any currently or formerly damp material made of cellulose (such as wallpaper, books, papers, and newspapers)
• Appliances (including washers/dryers/dishwashers and refrigerators)
• Around all plumbing fixtures (toilets, bathtubs, showers, sinks, and below sinks)
• Areas with limited air circulation such as closets, shelves and cupboards
• Personal property
d. PROMPTLY REPORT TO LANDLORD IN WRITING:
• Visible or suspected mold that Resident does not clean as explained below. Mold may range in color from orange to green,
brown, and/or black. There is often a musty odor present.
• Overflows or dripping from showers, bath, sink, toilet, washer, refrigerator, air conditioner
• Plumbing problems
• Discoloration of walls, baseboards, doors, window frames, ceilings
• Loose, missing or failing grout or caulk around tubs, showers, sinks, faucets, countertops
• Clothes dryer vent leaks
• Any non-operational windows, doors, fans, heating or air conditioning units
• Any evidence of leaks or excessive moisture in the Premises or on the Property
• Any maintenance needed at the Premises or Property
e. RESIDENT AGREES TO NOT:
• Bring any personal property into the Premises that may contain high levels of mold, especially "soft possessions" such as
couches, chairs, mattresses, and pillows
• Stack items against walls in a manner that decreases air circulation and may lead to mold
• Maintain an excessive number of indoor plants
• Maintain a fish tank or other water filled container without Landlord's written consent
2. If a small amount of mold has grown on a non-porous surface such as ceramic tile, Formica, vinyl flooring, metal, or plastic, and the
mold is not due to an ongoing leak or moisture problem, Resident agrees to clean the area with soap (or detergent) and a small
amount of water, let the surface dry, and then within 24 hours apply a non-staining cleaner such as Lysol Disinfectant, Tilex Mildew
Remover, or Clorox Cleanup. If Resident is unable or unwilling to clean the area, Residents will promptly notify Landlord so that
Landlord can clean area.
3. Resident agrees to defend, indemnify and hold harmless Landlord and Landlord's related parties (past and present
subsidiary corporations, affiliates, successors, assigns officers, directors, property managers, agents, attorneys,
employees and representatives) from claims, liabilities, losses, damages and expenses (including attorneys' fees), that they
incur that are related to the Resident's breach of the Resident's obligations to Landlord. Resident is responsible for the
action (or inaction) of Resident's household members, guests and agents.
4. If elevated mold levels exist at the Premises or Property, Resident agrees to temporarily vacate the Premises to allow for investigation
and remediation, to control water intrusion, or allow other repairs to the Property, if requested by Landlord. Resident agrees to comply
with all instructions and requirements necessary to prepare the Premises for investigation and remediation, to control water intrusion,
to control mold growth, or to make repairs. Storage, cleaning, removal, or replacement of contaminated or potentially contaminated
personal property will be Resident's responsibility unless the elevated mold growth was the result of Landlord's negligence, intentional
wrongdoing or violation of law. Landlord is not responsible for any condition about which Landlord is not aware. Resident agrees to
provide Landlord with copies of all records, documents, sampling data and other material relating to any water leak, excessive
moisture, mold conditions in the Premises as soon as Resident obtains them.
5. Resident hereby acknowledges receiving the attached “Information on Dampness and Mold for Renters in California”.
6. If any provision of this Addendum or the Lease is invalid or unenforceable under applicable law, such provision shall be ineffective to
the extent of such invalidity or unenforceability only without invalidating or otherwise affecting the remainder of this addendum or the
Lease. Except as specifically stated herein, all other terms and conditions of the Lease shall remain unchanged. In the event of any
conflict between the terms of this Addendum and the terms of the Lease, the terms of this Addendum shall control.
RESIDENT:
[sig|req|signer0] 10 / 14 / 2023
[date|req|signer0]
Carlos Andres Bedoya Morales Date
[sig|req|signer2] 10 / 14 / 2023
[date|req|signer2]
Cristian Camilo Cagua Fonseca Date
[sig|req|signer3] 10 / 14 / 2023
[date|req|signer3]
Monica Ardila Moreno Date
[sig|req|signer4] 10 / 14 / 2023
[date|req|signer4]
Karem Dahiana Riapira Morales Date
[sig|req|signer5] 10 / 14 / 2023
[date|req|signer5]
Daniel Camilo Sanchez Arguello Date
LANDLORD:
Essex Management Corporation, a California Corporation, as Agent for Owner
PESTICIDE DISCLOSURE
This Pesticide Notice/Disclosure ("Addendum") dated 10/14/2023 is attached to and made a part of the lease agreement dated
10/18/2023 (the "Lease") by and between Essex Management Corporation, a California Corporation, as agent for Owner of the
Community ("Landlord"), and Carlos Andres Bedoya Morales, Cristian Camilo Cagua Fonseca, Monica Ardila Moreno, Karem Dahiana
Riapira Morales, Daniel Camilo Sanchez Arguello (individually and collectively referred to herein as "Resident") for the rental of the
premises located at 375 Vista Roma Way #03-122 ("Premises" or "Unit") within the community commonly known as Bella Villagio (the
"Community" or "Property"). All terms not specifically defined in this Addendum shall have the same definition as found in the Lease.
Landlord and Resident agree as follows:
1. Resident is informed that pesticides may have been applied to the Unit and/or Property in the past. California law requires that
building owners and operators provide tenants with the following notice concerning the application of pesticides.
CAUTION -- PESTICIDES ARE TOXIC CHEMICALS. Structural Pest Control Operators are licensed and regulated by the Structural
Pest Control Board and apply pesticides which are registered and approved for the use by the California Department of Food and
Agriculture and the United States Environmental Protection Agency. Registration is granted when the state finds that based on
existing scientific evidence, there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by
the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized. If rodenticide ingestion
occurs, you may experience symptoms of mild shock and/or bleed anticoagulant reaction. If within 24 hours following application,
you experience flu like symptoms: headaches, dizziness, nausea, tearing, coughing, nose and throat irritation or develop shortness
of breath, double vision, unusual drowsiness and weakness, or tremors, contact your physician, an appropriate licensed health care
provider, or the California Poison Control Center at 1-800-222-1222 and Landlord immediately. For more information, contact your
County Health Department. For regulatory information, contact the Department of Pesticide Regulation at (916) 324-4100.
The following pesticides are commonly used for the extermination of pests. One or more of these materials may be used in your
residential unit. You may request specific information about which pesticides are to be applied and when they are to be applied from
the Property Manager.
WILDLIFE CHEMICALS
• Avert 310 (Abamectin) Whitmire • Precor (Methoprene) Zoecon
• Avert Gel (Abamectin) Whitmire • PT 565 (Pyrethrin) Whitmire • AC 90 (Chlorphacinone) Bell Labs
• Advanced Liquid Bait (Boric Acid) Whitmire • Perma-Dust PT 240 (Boric Acid) Whitmore • Contrac Bait Pck. (Bromadiolone) Bell Labs
• Advanced 375A (Abamectin) Whitmire • Pro Control Fogger Plus (Pyrethrins / Cyfluthrin) • Contrac Blox (Bromadiolone) Bell Labs
Whitmire
• Advanced Gel Bait (Boric Acid) Whitmire • Fumitoxin (Aluminum Phosphide) Pestcon
• Suspend SC (Deltamethrin) Aventis Systems
• Borid (Boric Acid) Cline Buckner
• Saga-WP (Tetrabromethyl) Aventis • Liquitox (Diphacinone) Bell Labs
• BP 100 or BP 300 (Pyrethrins) Whitmire
• Siege (Hydramethylon) Waterbury • Gopher Getter (Strychnine) Witco
• CB-80 Extra (Pyrethins) Waterbury
• Talstar EZ Granular (Bifenthrin) FMC • Mole Patrol (Warfarin) Witco
• Delta Dust (Deltamethrin) Aventis
• Talstar Liquid (Bifenthrin) FMC • Rodent Baits Oats (Chlorphacinone) King
• Delta Guard (Deltamethrin) Aventis County
• Tempo Dust (Cyfluthrin) Bayer
• Demand SC (Lamba-Cyhalothrin Technical) • ZP Tracking Powder (Zinc Phosphide) Bell Labs
Syngents • Tempo (Cyfluthrin) Bayer
• ZP (Zinc Phosphide) Bell Labs
• Dragnet (Permethirin) FMC • Terro Ant Killer II (Boric Acid) Senoret Chem.
2. California law also requires persons exposed to substances regulated under the Safe Drinking and Toxic Enforcement Act of 1986,
commonly referred to as "Proposition 65", to be provided a clear and reasonable warning, as some of the pesticides listed above are
chemicals regulated under Proposition 65. You are advised as follows:
WARNING: The area within your building contains a substance known to the State of California to cause
cancer, birth defects, or other reproductive harm.
3. Resident has read the above disclosure and pesticide list and Resident understands that any of the pesticides listed may have been
used in the past.
RESIDENT:
[sig|req|signer0] 10 / 14 / 2023
[date|req|signer0]
Carlos Andres Bedoya Morales Date
[sig|req|signer2] 10 / 14 / 2023
[date|req|signer2]
Cristian Camilo Cagua Fonseca Date
[sig|req|signer3] 10 / 14 / 2023
[date|req|signer3]
Monica Ardila Moreno Date
[sig|req|signer4] 10 / 14 / 2023
[date|req|signer4]
Karem Dahiana Riapira Morales Date
[sig|req|signer5] 10 / 14 / 2023
[date|req|signer5]
Daniel Camilo Sanchez Arguello Date
LANDLORD:
Essex Management Corporation, a California Corporation, as Agent for Owner
RESIDENT:
[sig|req|signer0] 10 / 14 / 2023
[date|req|signer0]
Carlos Andres Bedoya Morales Date
[sig|req|signer2] 10 / 14 / 2023
[date|req|signer2]
Cristian Camilo Cagua Fonseca Date
[sig|req|signer3] 10 / 14 / 2023
[date|req|signer3]
Monica Ardila Moreno Date
[sig|req|signer4] 10 / 14 / 2023
[date|req|signer4]
Karem Dahiana Riapira Morales Date
[sig|req|signer5] 10 / 14 / 2023
[date|req|signer5]
Daniel Camilo Sanchez Arguello Date
LANDLORD:
Essex Management Corporation, a California Corporation, as Agent for Owner
Covered
▪ Rent Stabilized Units* * “Rent Stabilized Units” means Rental Units that are subject to rent stabilization under the City’s Apartment Rent
Ordinance, which includes ▪ Rental Units in any Multiple Dwelling, except permitted units in any Multiple Dwelling building
and guesthouses built on or prior to hotels
and motels September 7, 1979.
▪ Guest rooms in any Guesthouse ** “Unpermitted dwellings” means a structure or parts of a structure that are ▪
Unpermitted Units** being rented as a home, residence, or sleeping place, where the use is not authorized, permitted, or
otherwise approved by the City.
All notices of terminations must be submitted to the Rent Stabilization Program online at
www.sanjoseca.gov/rent. Landlords must submit copies of any notices of termination to the City, including: 3-
day notices, 30-60-90 day notices, and Summons & Complaints. With just cause protections, all notices of
termination must be based on one of the reasons outlined in the Tenant Protection Ordinance (San José
Municipal Code Section 17.23.1250):
1. Nonpayment of Rent
to pay Rent in accordance with the rental agreement.
2. Material or Habitual Violation of the Tenancy
After a written notice to a tenant to cure a material violation of the lease, the tenant fails to cure such
violation within a reasonable time after receiving notice; or, the tenant commits habitual violations of the
rental agreement.
Certain violations can never be considered a material or habitual violation of the lease: 1) an obligation to
surrender possession; 2) an obligation to limit occupancy when the additional tenant is: a)
dependent/foster child; b) minor in tenant’s care; c) spouse; d) domestic partner; e) parent; so long as the
total number of adult Tenants in the unit does not exceed the greater of either the maximum number of
individuals authorize in the rental agreement or two adults per bedroom.
3. Substantial Damage to the Apartment
The tenant, after written notice to cease and a reasonable time to cure, causes substantial damage
beyond normal wear and tear to the Rental Unit, common area, or rental complex, and refuses, after
written notice, to pay the reasonable costs of repairing such damage and to cease engaging in the
conduct identified in the notice.
4. Refusal to Agree to a Like or New Rental Agreement
The tenant refuses to agree to a new substantially identical rental agreement after the expiration of the
prior rental agreement.
5. Nuisance Behavior
After receiving a written notice to cease, the tenant continues to cause nuisance (including a violation of
state or federal law) that destroys the peace or safety of the landlord or other tenants.
6. Refusing Access to the Apartment
After receiving a written notice to cease and being given a reasonable time to fix the issue identified in the
notice to cease, tenant continues to refuse the landlord reasonable access to the apartment, provided the
landlord is complying with California
Civil Code 1954
7. Unapproved Holdover Subtenant
The subtenant who was not approved by the landlord and is holding over at the end of the term of rental
agreement.
8. Criminal Activity (Effective June 15, 2018)
Landlord may evict a Tenant Household if, after notice to remove, they fail to remove a Tenant and
amend the lease (where necessary) within a reasonable time, by either: 1) filing a restraining order or
providing evidence to the Landlord of similar steps being taken to remove the Violating Tenant; 2)
removing the Violating Tenant from the household and providing written notice to the landlord that the
Violating Tenant has been removed. A Violating Tenant shall mean an adult Tenant indicted by a grand
jury or "held to answer" for a serious or violent felony, as defined under Penal Code Section 1192.7,
committed during tenancy and within 1,000 feet of the premises. The past criminal history of a tenant prior
to the tenancy is not a basis for eviction.
Landlords may not disclose or threaten to disclose tenants' immigration or citizenship status to authorities for
the intent of retaliation (Effective June 15, 2018). A landlord may not:
Please note that this document is intended for informational purposes only, not legal advice. The fact sheet may be incomplete as it is a brief summary
of the Tenant Protection Ordinance. Please visit our website at www.sanjoseca.gov/rent for the most up to date fact sheet and complete details of the
Tenant Protection Ordinance.
2. "Smoking" or “Smoke” means possessing a lighted tobacco product, lighted tobacco paraphernalia, lighted marijuana, or any other
lighted weed or plant (including, but not limited to, a lighted pipe, lighted hookah pipe, lighted cigar, lighted cigarette of any kind),
an electronic smoking device of any kind, or the lighting or emitting or exhaling the smoke or vapor of a tobacco product, tobacco
paraphernalia, marijuana product, or any other weed or plant (including, but not limited to, a pipe, a hookah pipe, cigar, marijuana
product, electronic cigarette or cigarette of any kind). Electronic smoking devices are any battery-operated device that delivers
vapors for inhalation, including every variation and type of such device regardless of how marketed or described.
3. Resident and members of Resident's household shall not Smoke anywhere on the Property, nor shall Resident permit any guest or
visitor of Resident to do so. Smoking is prohibited in all indoor and outdoor common areas on the property, and within twenty-five
(25) feet of any entrance, exit, operable windows, vents or other openings into enclosed non-smoking areas. Smoking in individual
units, including units’ outdoor balconies and patios, is NOT permitted. Violation of this paragraph by Resident or any other person
subject to the control of Resident or present by invitation or permission of Resident is a material breach of the Lease.
a) Smoking in individual units, including units’ outdoor balconies and patios, is NOT permitted.
4. Resident shall inform their invitees or guests of the provisions contained in this Smoking Policy Addendum and ensure their
compliance with this addendum.
5. Resident acknowledges that Landlord is not a guarantor of the Resident's health or that the areas listed in Paragraph 3 above will
be free of Smoke; however, Landlord shall take reasonable steps to enforce this Addendum. Landlord shall not be required to take
any specific steps in response to Smoking unless Landlord has actual knowledge or has been provided written notice.
6. To the extent provided by applicable law, all lawful occupants of the Apartment Community are express third-party beneficiaries of
this Addendum. If Resident or any Authorized Occupant or Guest breaches this Addendum, or Resident or any Authorized
Occupant knowingly allows Guests to breach this Addendum, Resident potentially will be liable to Landlord and to any resident or
guest of the Apartment Community who is exposed to secondhand smoke because of that breach.
7. Resident acknowledges that this Addendum and Landlord's efforts to designate Non-Smoking Areas do not in any way change the
standard of care that the Landlord would have to any Resident household to render buildings and premises designated as non-
smoking any safer, more habitable, or improved in terms of air quality than any other rental premises. Landlord specifically
disclaims any implied or express warranties that the building common areas or Resident's premises will have any higher or
improved air quality standards than any other rental property. Landlord cannot and does not warrant or promise that the Premises
or any other portion of the Community including common areas will be free from secondhand smoke. Resident acknowledges that
Landlord's ability to police, monitor or enforce this Addendum is dependent in significant part on voluntary compliance by Resident
and Resident's guests.
8. Resident and Landlord agree to comply with all applicable laws relating to smoking at this property. Landlord is not required to
advise Resident of any changes in the law with respect to smoking on the Property. It is a material breach for Resident or any other
person subject to the control of Resident or present by invitation or permission of Resident to violate any law regulating Smoking
while anywhere on the Property To the extent that any provision of this Addendum is in conflict with any provisions of applicable
law, such provision is hereby deleted, and any provision required by applicable law which is not included in this Addendum is
hereby inserted as an additional provision of this Addendum, but only to the extent required by applicable law and then only so
long as the provision of the applicable law is not repealed or held invalid by a court of competent jurisdiction.
9. Landlord may change its smoking policies at any time after providing Resident with thirty (30) days written notice. Thirty (30) days'
notice is not required if a policy change is implemented to comply with a new law or ordinance.
10. If any provision of this Addendum or the Lease is invalid or unenforceable under applicable law, such provision shall be ineffective
to the extent of such invalidity or unenforceability only without invalidating or otherwise affecting the remainder of this addendum or
the Lease. Except as specifically stated herein, all other terms and conditions of the Lease shall remain unchanged. In the event of
any conflict between the terms of this Addendum and the terms of the Lease, the terms of this Addendum shall control.
RESIDENT:
[sig|req|signer0] 10 / 14 / 2023
[date|req|signer0]
Carlos Andres Bedoya Morales Date
[sig|req|signer2] 10 / 14 / 2023
[date|req|signer2]
Cristian Camilo Cagua Fonseca Date
[sig|req|signer3] 10 / 14 / 2023
[date|req|signer3]
Monica Ardila Moreno Date
[sig|req|signer4] 10 / 14 / 2023
[date|req|signer4]
Karem Dahiana Riapira Morales Date
[sig|req|signer5] 10 / 14 / 2023
[date|req|signer5]
Daniel Camilo Sanchez Arguello Date
LANDLORD:
Essex Management Corporation, a California Corporation, as Agent for Owner
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