Lease Renewal Agreement: Palma Sorrento
Lease Renewal Agreement: Palma Sorrento
B. Resident: Cynthia Clark, Katheryne Clark, and William Bill Clark. 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:
Cynthia Clark Not Provided cynclark1123@yahoo.com
Resident: Phone Number: Email:
Katheryne Clark (408) 590-7685 marrow_rogue@yahoo.com
Resident: Phone Number: Email:
William Bill Clark (707) 228-2609 Wmclark6@yahoo.com
D. Leased Premises: 258 Palm Valley Boulevard #303, San Jose, CA 95123
E. Initial Term of Lease: 12 months, commencing on November 18, 2021 ("Commencement Date") and terminating on
November 21, 2022 ("Initial Termination Date").
F. Monthly Base Rent: $2,743.00 payable to Palma Sorrento as described in FLP Paragraph Q below.
G. Utilities: See Utilities Addendum
H. Amounts for Additional Rentable Items:
Permit #(s)
M. Keys/Access Card: See Access Cards, Keys, Remotes, Directories and Lock-Out Policy Addendum.
N. Animals on Premises: 0 Pet Rent: $0.00
O. Early Termination Option Fee: $2,743.00
P. Renter's Insurance: Encouraged Required in the amount of $100,000.00
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Q. Payment of Rent:
• Payment can be made via the online Resident Portal (located on the Landlord's website), by mail, or through the
Walk-In-Payment System program ("WIPS"). The Landlord's website is identified in FLP Paragraph A. To utilize WIPS,
contact the Management office to enroll and receive a WIPS registration number. Resident can find the WIPS location
nearest Resident by visiting checkfreepay.com/agentlocator, selecting "WIPS Rent Payments" as the biller, and
entering Resident's Zip Code. All payments must be made payable to Palma Sorrento. The Management Office is
located at the address set forth in FLP Paragraph A.
• Notwithstanding the foregoing, Landlord reserves the right to make changes at any time, and from time to time, to the
acceptable methods for payment of rent (including ceasing its acceptance of money orders or removal of one or more
of the other acceptable methods of payment) set forth in this FLP Q upon no less than sixty (60) days' written notice to
Resident.
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1. ELECTRONIC SIGNATURES: The Parties agree that they may enter into this Lease by electronic means,
although traditional hard copies with ink signatures may be used instead at the option of the Landlord.
2. LEASED PREMISES: Landlord rents to Resident the Premises identified in FLP Paragraph D located within
the Community identified above in FLP Paragraph A for use as a residence and for no other purpose.
3. TERM & DELAY IN POSSESSION:
(a) The term of this Lease shall be for the number of months set forth in FLP Paragraph E, commencing on the
Commencement Date set forth in FLP Paragraph E and ending on the Initial Lease Termination Date set
forth in FLP Paragraph E subject to earlier cancellation or termination as provided in this Lease or
applicable law and subject to the renewal provisions of the "HOLDING OVER" paragraph below.
(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 example, a former tenant of the
Premises who has given notice to leave cancels the notice or fails to leave by the scheduled 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 Resident shall in this
event be entitled to a 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.
4. 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 on a month-to-month basis, subject to amendment by Landlord
as set forth in California Civil Code Section 827 and terminable by either party on thirty (30) days
written notice in accordance with the provision of California Civil Code Section 1946.
5. RENT:
(a) Resident shall pay to Landlord, as rent for the Premises, the Monthly Base Rent set forth in FLP Paragraph
F. Rent shall be paid in full, in advance, on or before the first (1st) day of each month using a method
identified in this Lease. Rent and all other charges due Landlord hereunder shall be payable to the entity
indicated in FLP Paragraph F. Landlord reserves the right to pass tax increases on to Resident with proper
notice as required by law.
For the convenience of the Resident, Landlord allows rent to be paid on-line through a variety of methods,
including its Resident Portal. Resident should contact Landlord for assistance in establishing an online
account should resident wish to utilize the convenience of this option. Payment by cash, cashier's check,
money order, or certified check must be made at a WIPS location. To utilize WIPS, contact the
Management Office to enroll and receive a WIPS registration number. Resident can find the WIPS location
nearest Resident by visiting checkfreepay.com/agentlocator, selecting "WIPS Rent Payments" as the biller,
and entering Resident's Zip Code. Please plan on at least three (3) business days between the date
Resident makes a payment at a WIPS location and the date it is received by Landlord. Payment may also
be made by personal check mailed to PO Box 82836 Goleta, CA 93118-2685. Payment of rent and any
other charges due to Landlord is not accepted in person on site unless Landlord directs Resident to do so
in writing (for example, in a notice to pay rent or surrender possession). Landlord may also accept money
transfers from designated third-party financial services companies. Resident should contact Landlord to
determine if Landlord will accept this method of payment and for required information should Resident wish
to utilize this option. It is Resident's responsibility to be certain that each payment is made on or before its
due date. Notwithstanding the foregoing, Landlord reserves the right to make changes at any time, and
from time to time, to the acceptable methods for payment of rent (including ceasing its acceptance of
money orders or removal of one or more of the other acceptable methods of payment) upon no less than
sixty (60) days' written notice to Resident.
(b) If Landlord serves Resident with a three (3) day notice to pay rent or surrender possession, which Landlord
may do on any date after the first (1st) day of the month, any payment tendered following service of said
notice must be made in the form of a cashier's check or certified check. If any check given by Resident is
returned unpaid by the bank upon which it is drawn, Landlord, in its sole and absolute discretion, may
require that all subsequent payments for the balance of Resident's occupancy of the Premises (including
the payment necessary to replace the dishonored check) be in the form of cashier's check or certified
check.
(c) Landlord shall apply any payment made by Resident to any obligation of Resident to Landlord in Landlord's
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sole discretion. Landlord shall have this right notwithstanding any allocation or direction by Resident to
Landlord, which allocation shall be voidable at Landlord's sole election, regardless of whether such
direction or allocation appears on the face of the form of payment or in a separate writing. Generally,
Landlord will apply rent received first to any past delinquent rent or utility balance owed by Resident before
applying said payment to current rent due.
(d) The failure to pay any amount as outlined in this Lease Agreement including, but not limited to the payment
of rent, late fees, utilities, storage, parking, pet rent, and all other amounts shall be considered a material
breach of the Lease.
6. LATE CHARGE AND NSF CHARGE: Landlord and Resident agree that the actual cost to Landlord when
Resident fails to pay rent on time, or when Resident pays rent 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 late
payment or in the event of a dishonored check, incur costs, such as additional bookkeeping and administrative
expense, bank charges, lost opportunity, cost of the late payment, etc. The parties accordingly agree that, any
time the rent for any given month is paid after the fifth (5th) day of such month, Resident will in that month as
a fair estimate of Landlord's costs and not a penalty, pay to Landlord a late charge in the sum indicated in FLP
Paragraph K above. Resident acknowledges and agrees that where Landlord does not receive payment of
rent by the fifth (5th) day of any month due to Resident's check being dishonored, or returned for
Non-Sufficient Funds (NSF), Resident agrees to pay Landlord, as a fair estimate of Landlord's costs and not
as a penalty a charge of $25.00 for the first dishonored check and $35.00 for any subsequent dishonored
check. Both parties agree that the payment of these sums does not constitute an agreement Resident may
pay rent late or by dishonored check. Rent remains due on the first (1st) day of the month and there is no
grace period for the payment of rent. A three (3) day notice to pay rent or quit may be served at any time after
the first (1st) business day of the month irrespective of the existence of the late or NSF charges as set forth
herein.
7. CHECK CONVERSION: If Resident makes any payment by check, it may be converted into an electronic
funds transfer (EFT). This means the check will be copied and the account information on it used to
electronically debit Resident's account for the amount of the check. The debit from Resident's account will
usually occur within twenty-four (24) hours, and may occur as early as the same day as the check is received.
The debit will be shown on Resident's regular account statement. Resident will not receive the original check
back. The original check will be destroyed, but a copy of it will be kept to the extent required by applicable
laws. If the EFT cannot be processed for technical reasons, Resident authorizes processing the copy in place
of the original check. If the EFT cannot be completed because of insufficient funds, Landlord may require
payment in certified funds as required by the Rent provision above.
8. SECURITY DEPOSIT: Resident shall pay to Landlord, as security, the sum of the amounts indicated in FLP
Paragraphs I and J ("Security Deposit"). Landlord may, but shall not be obligated to, apply all or part of any
Security Deposit to any of Resident's obligations hereunder. Application of the Security Deposit to any
obligation is in addition to any other remedies available to Landlord as a result of Resident's breach of this
Lease and doing so will not deprive Landlord from the right to terminate the tenancy for such breach. Resident
agrees to restore the Security Deposit to its full amount within ten (10) days of written demand by Landlord.
Failure to do so is a material breach of this Lease.
At the termination of Resident's tenancy, the Security Deposit shall be applied and accounted for in
accordance with the provisions of California Civil Code Section 1950.5 and any other applicable statutes.
Resident acknowledges and agrees that:
(a) After Resident has moved from and cleaned the Premises to the same level of cleanliness that existed at
the time of Resident's initial occupancy, as disclosed by the Move-In Inspection Report attached to this
Lease, Landlord will determine whether Resident is eligible for a refund of any or all of the Security
Deposit;
(b) The amount of the refund will be determined in accordance with the following conditions and procedures:
(i) After the Resident has moved from the Premises, Landlord will inspect the Premises;
(ii) Landlord will refund to Resident the amount of the Security Deposit less any amount needed to pay
the cost of the following:
a. Damages that are not due to ordinary wear and tear and are not listed on the Move-In Inspection
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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. PHONE WIRING MAINTENANCE: Landlord shall provide Resident with at least one operational telephone
jack and shall maintain and repair internal telephone wiring. Resident should initiate landline phone service in
Resident's name so that phone service is available during emergencies. Landlord shall not be responsible for
any consequences resulting from Resident's failure to do so. Resident acknowledges and is aware that cell
service may not be available during emergencies and that Landlord makes no representation or guarantees as
to cell phone coverage. Resident shall not install or cause to be installed any additional telephone jacks or in
any manner alter, modify, or repair the internal telephone wiring without written consent of Landlord. Resident
shall be liable to Landlord for any and all charges, damages or costs incurred by the Landlord as a result of
the Resident's violation of this provision. Landlord makes no representations or warranties as to the location of
any internal telephone jacks, that jacks may be moved or that any additional jacks may be installed.
12. 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.
13. NOTICES AND AUTHORIZED MANAGER:
(a) Any notice which Landlord gives to Resident shall be deemed properly served (whether or not actually
received by Resident) if served in the manner prescribed in Code of Civil Procedure Section 1162. If
Landlord fails to serve the notice in accordance with the provisions of Code of Civil Procedure Section
1162, but Resident actually receives the notice, the actual receipt shall be deemed to cure any defects in
the manner of service and the notice shall be deemed properly and personally served. Service upon any
Resident of the Premises shall be deemed valid service upon all Residents. It is not necessary to
individually serve each Resident.
(b) Resident is hereby notified that Essex Management Corporation is authorized to manage the property on
the Owner's behalf and to accept service of process, notices or demands on behalf of the Landlord.
Service may be effected on this entity at 1100 Park Place, Suite 200, San Mateo, CA 94403 Attention:
Legal Department. Telephone (650) 655-7800.
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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 section, 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.
20. 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 Section. 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.
21. 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 attached to this Lease as Addendum A.
Resident agrees not to alter, 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 in which event same may only be
made by Resident if reasonable prior written notice of the condition affecting the habitability of the Premises
has been delivered to Landlord and such condition which requires such repairs has not been caused by
Resident or any of Resident's invitees or guests. 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 therefore. 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.
22. 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 formaldehyde, which is known to the
State of California to cause cancer. Fireplaces 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 carbon monoxide and benzene, which are known to the State of California to
cause 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.
23. 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.
24. 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
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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.
(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. 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.
25. 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). Resident agrees that Landlord may elect in its sole discretion upon Landlord's written
notice of same to Resident to make this Lease superior to the lien of any such mortgage. As used herein, the
term "mortgage" shall include deeds of trust or any similar security interest. Resident agrees to attorn to any
lender or other party who may acquire the Property through foreclosure or deed-in-lieu thereof provided that
such lender or other party agrees, whether prior to or subsequent to such foreclosure or acquisition of the
Property through deed-in-lieu thereof: (a) to recognize Resident as the tenant under this Lease, and (b) not to
disturb Resident's continued occupancy of the Premises prior to expiration of the term of this Lease unless
Resident is in breach thereof. Resident agrees to sign any documents reasonably requested by Landlord in
connection with this paragraph, including subordination agreements and estoppel certificates.
26. 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.
27. 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, or engage in any illegal acts in or upon the Premises
or upon the grounds of the Community. 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.
28. COMPLIANCE WITH COMMUNITY HANDBOOK: Resident acknowledges receipt of a copy of the
Community Handbook ("Handbook"), which Handbook 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.
29. NO SOLICITING: Solicitation is prohibited in the Community. If Resident is contacted by a solicitor, even if
that person resides at the Community, please contact Landlord immediately. 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.
30. 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, possession or sale of illegal drugs or controlled
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substances and the use or exhibition of firearms or ammunition on 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 regulation in the Premises.
(e) Resident agrees not to do or permit anything to be done in the Premises that Landlord deems hazardous
or which will cause a cancellation of or an increase in the premiums for any insurance for the Community.
(f) Resident is responsible for the conduct of Resident's guests or invitees while they are on the Property as
well as all household members (including minors). A Resident conducting any of the activities set forth in
this section, or who allows his or her guests, invitees or household members (including minors) to conduct
any of the activities set forth in this Section shall be in violation of this Agreement, and said activity shall be
grounds for Landlord's termination of Resident's tenancy with a three-day notice to quit.
31. ANIMALS: No animals are permitted on the Property or the Premises without the prior written consent of
the Landlord. Any such consent may be revoked at any time, with or without cause, by giving three (3) days
written notice. Except to the extent written permission is given, pets may not be brought upon the Property or
the Premises, whether such pets belong to Resident or to any other person, including Resident's guests or
invitees. The presence of any pets for which written permission has not been given or which, if given, is not
currently in force, even if such pets are "just visiting", shall be deemed a material breach of this Lease and
shall be cause for the service of a three (3) day notice to perform covenants and conditions or quit. If, in
accordance with the provisions of this paragraph a pet is permitted, Resident must execute an Animal
Addendum prior to any pet being allowed in the Premises or on the Property. If Resident has a pet without the
written consent of Landlord in addition to all other remedies of Landlord, Resident agrees to pay within three
(3) days of written demand therefore any and all carpet cleaning charges, fumigation costs and any and all
damages caused by unauthorized pets, even if such charges should exceed the amount of any and all
deposits held by Landlord. Accommodation Animals are not considered pets, but written permission must be
granted and an Animal Addendum executed before an accommodation animal is brought onto the Premises. A
disabled individual who requires an animal in order to be able to use and enjoy the Premises or the Property
should contact the Landlord before bringing the animal onto the Premises and request an accommodation to
this lease provision. All accommodation requests will be processed in accordance with applicable laws.
32. LIQUID-FILLED FURNITURE AND AQUARIUMS: Waterbeds and other liquid-filled furniture are allowed
only under the regulations of California Civil Code Section 1940.5, which requires proper insurance coverage
for waterbeds. A certificate of insurance evidencing waterbed coverage must be provided to Landlord prior to
Resident bringing any liquid-filled furniture into the Premises. Resident must provide Landlord with at least
twenty-four (24) hours' written notice prior to the installation, removal or movement of any liquid-filled furniture
and Landlord has the right to be present at the time of such installation, removal or movement. Installation,
movement and removal must be done in accordance with standards set by the manufacturer, retailer or state
law, whichever provides the highest degree of safety. No aquariums over ten (10) gallons are permitted
without prior written consent of Landlord. If Resident installs any liquid-filled furniture, Landlord has the right to
increase the Security Deposit by an amount to be determined in the written authorization, which in no event
shall be more than one-half of one month's rent.
33. SMOKING:
(a) Resident must comply with all applicable laws and House Rules regarding smoking on the Premises.
Landlord may change its smoking policies at any time after providing Resident with thirty (30) days written
notice. Landlord is not required to advise Resident of any changes in the law with respect to smoking on
the Property. Resident is responsible for complying with all laws relating to smoking and thirty days' notice
is not required if a policy change is implemented to comply with a new law or ordinance.
(b) To the extent smoking is allowed anywhere on the Property, Residents who smoke, or allow smoking by
their invitees or guests, must ensure the smoke does not disturb the quiet enjoyment of other residents.
Secondhand tobacco smoke may seep and drift through open doors, windows, and ventilation ducts, which
may constitute a disturbance to those residents who do not smoke, particularly those with health and
allergy-related sensitivities. Pursuant to other provisions of this Agreement, Resident agrees not to harass,
annoy, or endanger any other resident or person, or create or maintain a nuisance, or disturb the peace or
solitude of any other resident. Resident is responsible for the conduct of guests or invitees while they are
on the Property. Violation of this provision may result in the immediate termination of Resident's tenancy as
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have any obligation to pay lodging costs or other expenses to Resident, except as shall be required by law
or ordinance.
39. RENOVATIONS AND REPAIRS:
(a) Landlord may undertake renovations, improvements and/or repairs to the Premises from time to time.
which may require Landlord 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.
40. 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.
41. ENVIRONMENTAL INDEMNIFICATION: As additional consideration for Landlord entering into this Lease,
Resident, for themselves, their heirs, successors, assignees, guests, invitees and all others claiming by,
through or under Resident, or who may live in, occupy, use or reside in the Premises, hereby agrees to
indemnify, defend, protect and hold harmless the Landlord and/or its agents, partners, officers, directors,
employees, or shareholders ("Landlord Affiliates") against and from any and all actions, causes of action,
claims, demands, liabilities, losses, damages and expenses of whatsoever kind, including, but not limited to,
attorney's fees and costs and court costs at both the trial and appellate levels, that any or all of the Landlord
Affiliates may at any time sustain or incur by reason of any and all claims asserted against them to the extent
that such claims allege, arise out of or are based upon any hazardous or potentially health affecting
substances brought, or allowed to be brought, into the Premises and/or the Property by Resident or any
guest(s), invitees(s) or other person(s) living in, occupying, using or residing in the Premises.
42. 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.
43. RECREATIONAL FACILITIES:
(a) Resident recognizes that the Property may have facilities, areas and amenities that may be hazardous for
persons not complying with the Rules, posted signs or the provisions of this Lease or who are unable to
understand or appreciate the risks associated with such facilities, areas or amenities due to age or
capacity. Such facilities, areas and amenities may include but are not limited to: (a) swimming pools and/or
spas with or without supervision or lifeguard; (b) fountains and/or ponds; (c) open balconies or verandas;
(d) recreation room and office; (e) sprinklers and other landscape maintenance devices; (f) sidewalks and
walkways; (g) stairways and/or elevators; (h) parking lots; and (i) tanning beds. Resident assumes all risk
associated with use of any facilities or amenities in the Premises or at the Community by Resident,
Resident's household members (including minors) and Resident's invitees or guests.
(b) By entering this Lease, Resident, authorized occupants and guests must execute an Activities Participation
and Recreational Facility Use Agreement, Waiver of Rights and General Lease before using any
recreational facilities available at the Community. Use of recreational facilities is subject to the terms set
forth in that Agreement and applicable provisions in the Community Handbook as well as posted signs and
Landlord's instructions.
44. CRIMINAL CONDUCT PROHIBITED:
(a) Resident and Resident's Occupants whether on or off of the property; and Resident and Resident's
Occupant's guests and invitees, are prohibited from:
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(i) Engaging in any criminal activity, including drug-related criminal activity, on or off the Property. Drug
related criminal activity shall mean the illegal manufacture, sale, distribution, use, possession and
possession with intent to manufacture, sell, distribute, or use of an illegal or controlled substance (as
defined in Section 102 of the Controlled Substance Act [21 U.S.C. 802], which includes marijuana).
(ii) Engaging in any act intended to facilitate criminal activity or permitting the dwelling unit to be used for
criminal activity.
(iii) Engaging in the unlawful manufacturing, selling, using (being under the influence of), storing, keeping
or giving of an illegal or controlled substance as defined in Health and Safety Code 11350, 11351,
11377, 11378, 11550, and 11379.6, at any locations, whether on or off the dwelling unit premises.
(iv) Engaging in any illegal activity, including, but not limited to: prostitution as defined in Penal Code
647(b); criminal street gang activity as defined in Penal Code 186.22 et seq.; threatening or
intimidating as prohibited in Penal Code 422; assault and battery as prohibited in Penal Code 240/242;
including but not limited to the unlawful discharge of a firearm as prohibited in Penal Code 245;
burglary as prohibited in Penal Code 459; possession of stolen property as prohibited by Penal Code
496; sexual offenses as prohibited in Penal Code 269 and 288, on or off the dwelling unit premises, or
(v) Violation of law, regulation or ordinance that jeopardizes the health, safety or welfare of Landlord, its
agents or other residents, or involving imminent or actual serious property damage.
(b) VIOLATION OF ANY OF THE ABOVE PROVISIONS SHALL BE A MATERIAL AND IRREPARABLE
VIOLATION OF THE LEASE AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF RESIDENT'S
TENANCY. A single violation of any of the provisions of this Section may be deemed a serious, material
and irreparable violation of the Lease. It is understood and agreed that a single violation shall be good
cause for immediate termination of the Lease. Landlord may, in its sole discretion, determine whether a
violation has occurred and need not (a) await any court or law enforcement determination before
determining to terminate Resident's tenancy under this Section.
(c) Resident hereby authorizes property management/owner to use police generated reports against Resident
for any such violation as reliable direct evidence, and/or as business records as a hearsay exception, in all
eviction hearings.
(d) Resident also agrees to be responsible for the actions of Resident's occupants, Resident's guests and
invitees, and Resident's occupant's guests and invitees, regardless of whether Resident knew or should
have known about any such actions. A guest or invitee shall be anyone who Resident or Resident's
occupant gives access to or allows on the premises or in the rental unit.
(e) Resident understands and acknowledges that the arrest of Resident, Resident's Occupants, or Resident's
or Resident's Occupants' guests during Resident's tenancy may be grounds for termination under this
Section 44.
45. 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. All such systems are subject to personnel absenteeism,
human error, mechanical malfunctions and tampering. 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) Unless otherwise stated in this Agreement, 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
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exclusive property of Landlord and shall not be provided to Resident. Landlord may provide such
recordings, if any exist, to law enforcement officers upon request.
(d) Resident may only install cameras within the Premises with written permission of Landlord, which may or
may not be allowed in Landlord's sole discretion. If approved, such cameras may not infringe on the
privacy of other residents nor interfere with the electrical, wireless or other systems in the Premises or the
Community.
(e) Landlord has no obligation to obtain criminal background checks on any Resident and bears no
responsibility or liability related to the criminal background or actions (whether past, present or future) of
any person, even if 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. Background checks are limited to the
information actually reviewed and are not a guarantee that a person with a criminal background does not
reside at the Community or that someone living on the Property will not commit a crime in the future.
Landlord has not made and does not make any representations as to the background of any existing or
future Resident and Landlord is under no obligation to run background checks on any existing Resident or
future applicant.
(f) Resident agrees to report immediately all suspected or actual criminal activity 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 upon request. If Resident receives a copy of any law
enforcement agency's incident report for an incident that occurred on the Property and said incident
impacted the Premises, the Property or other residents at the Property, Resident shall provide a copy of
said incident report to Landlord upon request.
46. MEGAN'S LAW DATABASE:
(a) Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders
is made available to the public via an internet web site maintained by the Department of Justice at
www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the
address at which the offender resides or the community of residence and ZIP Code in which 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 Section 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.
47. OPTION TO TERMINATE:
(a) 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.
(b) 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 set forth in FLP Paragraph O 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.
(c) 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
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termination charge equal to the amount set forth in FLP Paragraph O 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.
(d) 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.
(e) 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.
(f) 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.
48. RENTER'S INSURANCE REQUIREMENT: Landlord does not insure Resident's personal property or
actions. Property or liability insurance coverage purchased by Landlord is not intended to protect against loss
or damage (i.e., burglary, vandalism, fire, smoke, or any other perils) to Resident's personal property or
belongings. Further, if the Premises or Property are damaged because of the actions of Resident or Resident's
guest, Resident may be financially responsible for the damage. Unless Renter's Insurance is merely
encouraged in FLP Paragraph P above, then Resident's obligation to purchase renter's insurance is set forth
in the Satisfaction of Renter's Insurance Requirement addendum attached hereto. A breach of this section or
non-payment is considered a material breach of the lease. Notwithstanding anything herein to the contrary, to
the extent Renter's Insurance is purchased by Resident, such insurance shall be primary insurance and shall
not be considered contributory insurance with any insurance policies of Landlord. Prior to seeking any claim
against Landlord for loss or damage, Resident shall first exhaust any applicable coverage it may have under
Resident's Renter's Insurance.
49. ENTIRE AGREEMENT: This Agreement, including all addenda and the Community 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 on a month-to-month holdover basis, Landlord may change
any provision of this Lease without the consent of Resident in the manner prescribed by California Civil Code
Section 827.
50. SECTION HEADINGS: The section headings are inserted only for convenience and are not intended to
define or limit the scope or intent of any clause.
51. 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.
52. MILITARY TRANSFER: If Resident is or becomes a member of the Armed Forces on extended active duty,
a member of the State National Guard serving on full-time duty, or a civil service technician with a National
Guard unit, and receives change-of-duty orders to depart from the local area ("local area" shall mean a
thirty-five (35) mile radius from the Premises) for longer than ninety (90) days, or is relieved from such duty,
Resident may terminate this Lease by giving thirty (30) days prior written notice to Landlord, provided Resident
is not otherwise in default. As a condition to such termination, Resident will furnish Landlord with a certified
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copy of the official orders which warrant termination of this Lease. Military orders authorizing base housing in
the local area in which the Premises is located do not constitute change-of-duty under this paragraph.
53. 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.
54. 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.
55. USE OF PERSONAL INFORMATION: Landlord uses personal information provided by Resident, or
collected by Landlord, in connection with Resident's tenancy at the Property (including without limitation,
identifiers, characteristics, commercial information, employment-related information, audio and/or video data
(e.g., call center recordings and security cameras), geolocation (e.g., if location awareness is on when using a
mobile app), usage information regarding use of Landlord's web sites and mobile apps, inferences, and other
personal information) for Landlord's operational business purposes related to Resident's being a prospective,
current or former resident. As of January 1, 2020, California residents can find Landlord's California Privacy
Notice on Landlord's web site at www.essexapartmenthomes.com/privacy-policy.
56. 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.
57. 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.
58. 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). With respect to any
personal property remaining on the Premises after the expiration or termination of this Lease, Landlord may
dispose of the personal property as allowed by law.
59. 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.
AB 1482 Addendum to Lease No Smoking Addendum
Access Cards Keys Remotes Directories and Pesticide Notice/Disclosure
Lock-out Policy Addendum Renters Insurance Addendum
Activities Participation and Recreational Facility Utility Addendum
Use Agreement Community Handbook
Authorization to Accept Packages and Package Vehicle Registration Form
Pick-Up Policy Addendum
Construction Addendum
Garage/Carport/Additional Parking Agreement
Mold Addendum
60. 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
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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.
61. 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.
62. 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.
63. 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 4 ABOVE
CONTAINS PROVISIONS UNDER WHICH THIS LEASE MAY AUTOMATICALLY RENEW AS A TENANCY
FROM MONTH-TO-MONTH UPON THE EXPIRATION OF THE TERM SPECIFIED IN FLP PARAGRAPH E
ABOVE 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:
Signed by Cynthia Clark Signed by Katheryne Clark
Tue Oct 12 2021 03:18:55 PM PDT Tue Oct 12 2021 03:19:42 PM PDT
***SIGN HERE*** { Cynthia Clark } {} {62946362} {}
Key: 819E839E; IP Address: 24.4.171.143 ***SIGN HERE*** { Katheryne Clark } {} {62946363} {}
Key: 2FC6B875; IP Address: 24.4.171.143
Cynthia Clark (Resident) Date Katheryne Clark (Resident) Date
Signed by William Bill Clark
Tue Oct 12 2021 03:31:26 PM PDT
***SIGN HERE*** { William Bill Clark } {} {62946364} {}
Key: 1B5D87A4; IP Address: 24.4.171.143
William Bill Clark (Resident) Date
LANDLORD:
Essex Management Corporation, a California corporation, as Agent for Owner
By:
***SIGN HERE*** { } {0} {} {}
Date
Print Name: Lisa Acosta Title: Community Manager Date: October 12, 2021
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Addendum to Lease for Unit Number 303
LANDLORD:
Essex Management Corporation, a California corporation, as Agent for Owner
By:
***SIGN HERE*** { } {0} {} {}
Date
Print Name: Lisa Acosta Title: Community Manager Date: October 12, 2021
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Addendum to Lease for Unit Number 303
EXHIBIT A
[Notice of Tenant Rights]
California law limits the amount your rent can be increased. See Section 1947.12 of the Civil
Code for more information. California law also provides that after all of the tenants have
continuously and lawfully occupied the property for 12 months or more or at least one of the
tenants has continuously and lawfully occupied the property for 24 months or more, a landlord
must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of
the Civil Code for more information.
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3. 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. Pin codes are not to be shared with non-residents.
4. 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.
5. Resident shall not change or install any special locks requiring an entry key without written consent of Landlord.
6. All Access Devices must be returned upon vacating the Unit. If a Deposit is indicated above, it is refundable and will be
returned to Resident if the Access Device is returned to Landlord in an undamaged and operable condition.
7. If an Access Device becomes lost, stolen or damaged, or is not returned upon the termination of the tenancy created by
the Lease, Resident shall pay the Replacement Fee per Access Device listed above, each of which was 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.
8. 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.
9. OPTION 2 (lock out service provided as a courtesy during business hours; call a locksmith after hours):
a. A complimentary Lock-Out service during business hours may be provided to Residents who have signed the Lease
and who have appropriate identification. Lock-out service will only be provided to those signing the Lease, even if there
are other authorized occupants identified on the Lease. If a Leaseholder wants Landlord to extend lock-out service to
authorized occupants who have not signed the Lease, or any other individual, then the leaseholder must notify
Landlord in writing of any other individual whom Landlord is authorized to let into the Unit. E-mail and telephone
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authorization will not be accepted. No other individuals will be granted admittance into a Unit under any circumstances.
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. This service is offered as a courtesy, without any obligation or liability by Landlord. 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.
e. Resident agrees to defend, indemnify and hold Landlord and Landlord's employees and agents harmless from any
liability or loss relating to or resulting from Landlord providing access to the Premises.
f. After hours lock-outs are not considered an emergency. If Resident requires a lock-out service after the Management
Office has closed, Resident should retain the services of a locksmith at his or her own cost.
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.
11. 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:
Signed by Cynthia Clark Signed by Katheryne Clark
Tue Oct 12 2021 03:19:20 PM PDT Tue Oct 12 2021 03:20:20 PM PDT
Key: 819E839E; IP Address: 24.4.171.143 Key: 2FC6B875; IP Address: 24.4.171.143
***SIGN HERE*** { Cynthia Clark } {} {62946362} {} ***SIGN HERE*** { Katheryne Clark } {} {62946363} {}
LANDLORD:
Essex Management Corporation, a California corporation, as Agent
By:
***SIGN HERE*** { } {0} {} {}
Date
Print Name: Lisa Acosta Title: Community Manager Date: October 12, 2021
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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 Participant 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, Participant's use of the Recreational
Facilities or participation in the Activities.
9. INDEMNITY: Participant agrees to indemnify, defend and hold harmless each and every one of the Released Parties for
any liability of any kind whatsoever arising from Participant's negligent acts or omissions during use of the Recreational
Facilities and 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.
10. MEDICAL COVERAGE: Participant has been advised to obtain personal medical coverage and acknowledges that
Participant will have medical coverage for use of the Recreational Facilities and participation in the Activities only if
Participant obtains such coverage on Participant's own
11. GUESTS: If Participant is not a lawful resident of the Property, Participant must be accompanied by a lawful resident at
all times. Residents are responsible for all behavior of their guests using the Recreational Facilities or participating in the
Activities. Participant further acknowledges and agrees that some Recreational Facilities and Activities may not be open to
guests of residents. Landlord may require all guests to be registered with Landlord prior to their using any Recreational
Facilities or participating in any Activities even if accompanied by a resident. Guests of lawful residents must execute this
Agreement prior to using any Recreational Facilities or participating in any Activities.
12. SEVERABILITY: 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.
ACKNOWLEDGMENT AND UNDERSTANDING. By signing below, Participant certifies that Participant is at least
eighteen (18) years of age, has carefully read this ACTIVITIES PARTICIPATION AND RECREATIONAL FACILITIES USE
AGREEMENT, WAIVER OF RIGHTS AND GENERAL RELEASE. Participant fully understands its terms, and
understands that he/she has given up substantial rights by signing this Agreement and has signed it freely and
voluntarily without any inducements, coercion, assurance or guarantee being made to me. PARTICIPANT INTENDS
PARTICIPANT'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
LANDLORD:
Essex Management Corporation, a California corporation, as Agent for Owner
By:
***SIGN HERE*** { } {0} {} {}
Date
Print Name: Lisa Acosta Title: Community Manager Date: October 12, 2021
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RESIDENT
LANDLORD:
Essex Management Corporation, a California corporation, as Agent for Owner
By:
***SIGN HERE*** { } {0} {} {}
Date
Print Name: Lisa Acosta Title: Community Manager Date: October 12, 2021
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CONSTRUCTION ADDENDUM
PALMA SORRENTO
This Addendum ("Addendum") is made part of the Lease Agreement ("Lease") dated November 18, 2021 between Essex
Property Trust, Inc. and Cynthia Clark, Katheryne Clark, and William Bill Clark ("Resident") regarding the property
located at 258 Palm Valley Boulevard #303, San Jose, CA 95123 in the Community of Palma Sorrento.
1. Resident has been advised that there is on-going construction at Palma Sorrento. Management is currently involved in
refurbishing/constructing Resident Services Office, Club House, Business Center, Fitness Center, Ciro’s, Pool
decks, and Unit interiors at the Community. It is Management's intent that such construction will ultimately improve the
Premises and the Property, although certain Amenities at the Community may not be accessible to Resident during the
course of construction.
2. The construction project began 12/18/2017 and is expected to continue for approximately 2 years; although Management
does not warrant or guarantee completion by any particular date. Construction activities may take place between the
hours of 9 am and 5 pm and construction schedules may change depending on the needs of the construction project.
3. The planned construction includes (but is not limited to) the following:
a. Renovating Resident Services Office, Club House, Pool decks, Business Center, Fitness Center amenities.
b. New cabinets and counter tops in units
4. There may be changes to the planned construction during either planning or construction. The scope of planned
construction may further be expanded to add additional amenities or improvements to the Premises or the Community.
5. Resident agrees that the lease between the parties will be effective notwithstanding the construction, and any
inconveniences associated with the construction will not create an offset to rental obligations, or be the basis for a
complaint against Management, its agents, employees or assigns for rent relief, or any other claim, right, or remedy
against Management, including constructive eviction or loss of right to quiet enjoyment. Resident understands and agrees
that the level of quiet enjoyment to be expected when signing the lease agreement includes the impact of construction
disclosed herein.
6. This Construction Addendum constitutes the entire understanding between Management and Resident with respect to the
subject matter hereof, and the parties agree that there are no verbal agreements between the parties with respect to the
subject matter which are not included in this Addendum.
7. This Addendum shall remain in full force and effect so long as Resident is possession of the Premises even if a new lease
agreement is signed by Resident which may or may not contain a similar addendum.
LANDLORD:
Essex Management Corporation, a California corporation, as Agent
By:
***SIGN HERE*** { } {0} {} {}
Date
Print Name: Lisa Acosta Title: Community Manager Date: October 12, 2021
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13. INDEMNIFICATION: 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
Garage/Carport/Additional Parking.
14. ABANDONMENT: 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.
15. REASSIGNMENT: If this Agreement provides for the assignment of a specific assigned Garage/Carport/ 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.
16. SEVERABILITY: 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:
Signed by Cynthia Clark Signed by Katheryne Clark
Tue Oct 12 2021 03:20:01 PM PDT Tue Oct 12 2021 03:21:06 PM PDT
Key: 819E839E; IP Address: 24.4.171.143 Key: 2FC6B875; IP Address: 24.4.171.143
***SIGN HERE*** { Cynthia Clark } {} {62946362} {} ***SIGN HERE*** { Katheryne Clark } {} {62946363} {}
LANDLORD:
Essex Management Corporation, a California corporation, as Agent
By:
***SIGN HERE*** { } {0} {} {}
Date
Print Name: Lisa Acosta Title: Community Manager Date: October 12, 2021
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1. By signing below, Resident acknowledges the accuracy of the information provided above and agrees not to have any
vehicles on the Property other than those registered with Landlord. Resident shall notify Landlord within three calendar
days of any changes to the above information.
2. Resident agrees to abide by all rules and regulations with respect to having a vehicle on the Property, including but not
limited to those contained in the Community Handbook, the Lease and posted on the Property. 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.
Signed by Cynthia Clark Signed by Katheryne Clark
Tue Oct 12 2021 03:20:07 PM PDT Tue Oct 12 2021 03:22:07 PM PDT
***SIGN HERE*** { Cynthia Clark } {} {62946362} {}
Key: 819E839E; IP Address: 24.4.171.143 ***SIGN HERE*** { Katheryne Clark } {} {62946363} {}
Key: 2FC6B875; IP Address: 24.4.171.143
Cynthia Clark (Resident) Date Katheryne Clark (Resident) Date
Signed by William Bill Clark
Tue Oct 12 2021 03:33:00 PM PDT
Key: 1B5D87A4; IP Address: 24.4.171.143
***SIGN HERE*** { William Bill Clark } {} {62946364} {}
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MOLD NOTIFICATION
This Mold Addendum ("Addendum") dated October 12, 2021 is attached to and made a part of the lease agreement dated
November 18, 2021 (the "Lease") by and between Essex Management Corporation, as agent for Owner ("Landlord"), and
Cynthia Clark, Katheryne Clark, and William Bill Clark (individually and collectively referred to herein as "Resident") for the
rental of the premises located at 258 Palm Valley Boulevard #303, San Jose, CA 95123 ("Premises" or "Unit") within the
community commonly known as Palma Sorrento (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. 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
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• 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. CLEANING SMALL AREAS OF MOLD: 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. INDEMNIFICATION AND HOLD HARMLESS: 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. COOPERATION WITH REMEDIATION: If elevated mold levels may exist at the 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. SEVERABILITY: 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.
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6. REMAINING TERMS OF TENANCY: 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
LANDLORD:
Essex Management Corporation, a California corporation, as Agent for Owner
By:
***SIGN HERE*** { } {0} {} {}
Date
Print Name: Lisa Acosta Title: Community Manager Date: October 12, 2021
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express warranties that the building common areas or Resident's Unit will have any higher or improved air
quality standards than any other rental property. Landlord cannot and does not warrant or promise that the
Unit or any other portion of the property 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. Resident further acknowledges
that certain units may continue to be permitted to Smoke.
10. DUTY TO COMPLY WITH APPLICABLE LAWS: Resident and Landlord agree to comply with all applicable
laws relating to Smoking at this Property.
11. REMAINING TERMS: The terms of the Lease, and all attachments and addenda to the Lease, are and shall
remain the same and in full force and effect except as modified in this Addendum.
12. 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:
Signed by Cynthia Clark Signed by Katheryne Clark
Tue Oct 12 2021 03:20:32 PM PDT Tue Oct 12 2021 03:23:03 PM PDT
Key: 819E839E; IP Address: 24.4.171.143 Key: 2FC6B875; IP Address: 24.4.171.143
***SIGN HERE*** { Cynthia Clark } {} {62946362} {} ***SIGN HERE*** { Katheryne Clark } {} {62946363} {}
LANDLORD:
Essex Management Corporation, a California corporation, as Agent
By:
***SIGN HERE*** { } {0} {} {}
Date
Print Name: Lisa Acosta Title: Community Manager Date: October 12, 2021
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Palma Sorrento
PESTICIDE NOTICE/DISCLOSURE
This is to inform you pesticides may have been applied to the residential unit/building 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 or Poison Control Center at (408) 299-5112 and the Property Manager immediately.
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.
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.
I/We have read the above disclosure and pesticide list and I/We understand that any of the pesticides listed may have been used in the past.
LANDLORD:
Essex Management Corporation, a California corporation, as Agent
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Palma Sorrento
By:
***SIGN HERE*** { } {0} {} {}
Date
Print Name: Lisa Acosta Title: Community Manager Date: October 12, 2021
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4. Landlord and its agents and representatives are not insurance advisors, so you should seek the advice of an insurance
professional regarding your renter's insurance options.
RESIDENT
LANDLORD:
Essex Management Corporation, a California corporation, as Agent for Owner
By:
***SIGN HERE*** { } {0} {} {}
Date
Print Name: Lisa Acosta Title: Community Manager Date: October 12, 2021
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UTILITIES ADDENDUM
This Utilities Addendum ("Utilities Addendum") dated October 12, 2021 is attached to and made a part of the lease agreement
dated November 18, 2021 (the "Lease") by and between Essex Property Trust, Inc., as agent for Owner ("Landlord"), and
Cynthia Clark, Katheryne Clark, and William Bill Clark (individually and collectively referred to herein as "Resident") for the
rental of the premises located at 258 Palm Valley Boulevard #303, San Jose, CA 95123 (the "Premises" or "Unit") within the
community commonly known as Palma Sorrento (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
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LANDLORD:
Essex Management Corporation, a California corporation, as Agent for Owner
By:
***SIGN HERE*** { } {0} {} {}
Date
Print Name: Lisa Acosta Title: Community Manager Date: October 12, 2021
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2. Resident's billing statement will include a monthly service charge of no more than $2.98. 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 $0.00 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 $35.00 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 Third Party Billing Provider, which, as of the execution of this Utilities Addendum is RealPage Utility Management.
The Third Party Billing Provider may be contacted with any questions or concerns regarding their billing any time
between 8:00 A.M. and 7:00 P.M. CT Monday - Friday at (866) 520-1245, via letter to P.O. Box 4957, Oakbrook,
IL 60522-4957, or email at customerservicelb@realpage.com.
Landlord.
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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.
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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.
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• 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 can assist with lockouts and admit any authorized occupant with appropriate identification into the Unit during office hours.
Unfortunately, we are not able to provide after-hours lockout services at all of our communities. Please see the Access Cards,
Keys, Remotes, Directories and Lockout Policy Addendum for guidelines at your specific community.
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.
Patios and Balconies
Nothing should be placed on balcony railings and, for your safety, please limit the people and belongings on your balcony. A
safe guideline is no more than 40 pounds per square foot. While balcony sizes vary, the maximum occupancy for a 4' x 8'
balcony is 6 people, plus some standard patio furniture.
An attractive community can't exist without your cooperation, especially when it comes to maintaining good-looking patios and
balconies. Bicycles, approved outdoor furniture and well-kept potted plants (subject to size limitations) are the only items
permitted on patios and balconies (subject to management discretion). Leaving items outside is at your own risk; we
encourage you to use appropriate storage facilities where available. Please keep your patio (including walls and railings) free
of flags, garbage containers, boxes, appliances, indoor furniture, exercise equipment, debris, awnings, gazebos, bamboo or
other privacy screens and tents.
If you have a private patio or balcony enclosed by a fence, railing, or other structure then you can use those private areas to
dry laundry so long as you comply with the following:
• No more than two drying lines or racks may be in use at any one time.
• 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 they may not be: A. attached or affixed in any manner to and
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portion of the building, fence, railing, wall, building support structure, or light fixtures; B. Be higher than the patio, balcony
or deck fence or railing; cannot be clearly visible from the sidewalk or street; C. Cannot block entrance to or egress from
the unit, create a health or safety hazard, or interfere with walkways or utility service equipment. D. Cannot interfere with
the maintenance of the property.
• 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.
You must use due care when cleaning not to cause water or debris to flow onto your neighbor's patio or balcony below.
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."
Personal Barbecue Grills
Due to locally enforced regulations from the International Fire Code, charcoal and propane barbecues as well as all other
open-flame cooking devices cannot be operated on combustible balconies or within 10 feet of combustible buildings.
Accordingly, Residents are not permitted to use any barbecue on the balcony. Storage of these devices within your home,
storage facility, garage or balcony is also prohibited. The only exception permissible is if the cooking device is an electric grill
or utilizes liquefied-petroleum (including propane) and the gas container has a water capacity no larger than 2.5 pounds
[nominal 1 pound (0.454kg) LP-gas capacity]. These accepted cooking devices have very small containers like the ones used
for camping stoves.
Portable Generators
Residents are not permitted to use portable generators in the home or on patios or balconies. Storage of these devices within
your home, storage facility, garage or balcony is also prohibited.
Political Signs
A "political sign" is one that relates to any of the following: an election or legislative vote, including an election of a candidate to
public office; the initiative, referendum or recall process; and issues that are before a public commission, public board or
elected local body for a vote.
You may only post political signs in the window or door of your Unit if you comply with the following:
• The signs may not be more than 6 square feet in size; or posted or displayed in violation of any local, state or federal law.
• 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.
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• 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. 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.
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• 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.
• No aquariums over 10 gallons are permitted without prior written consent of Landlord.
• For rules about other types of pets or accommodation animals, please check with the Community Office. They'll be happy
to provide more information.
Weapons and Firearms
Displaying or discharging fireworks, guns, slingshots, or any type of firearm or weapon is strictly prohibited. Violation of this
policy by any resident, occupant or guest will result in the immediate termination of the lease contract.
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 your Community 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.
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• 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.
• If you use manufactured fireplace logs, follow the manufacturer's instructions.
• 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.
If you have a gas fireplace:
• Be sure to keep the glass clean and the vents unobstructed and able to do their job.
• 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.
• In damp or rainy weather conditions, keep windows and doors closed.
• 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.
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• 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.
• Limit houseplants to keep the moisture level in your Unit at a minimum.
• 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 overfill closets or storage areas.
• 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:
• Evidence of a water leak or excessive moisture in your Unit, storage room, garage, or any common area.
• Evidence of mold or mildew-like growth that cannot be removed by simply applying a common household cleaner and
wiping the area.
• Mold or mildew that reappears despite regular cleaning.
• 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.
• Inoperable windows or doors.
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• 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.
• We reserve the right to regulate the use of the pool.
• A lifeguard is not provided. Swim at your own risk.
• Residents in the pool area may be required to show identification.
• 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.
• Diapers may not be worn in the pool.
• 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.
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• 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.
Additional Cautions Regarding Spas
For your own protection, we suggest you observe a 10-minute time limit when in the spa. Anyone pregnant or who has a
medical condition should check with their doctor before using any outdoor spa.
We need to be very clear that you should not, under any circumstances, put soap in the spa. It can clog the filters and make
the spa unusable for several days, and violators will end up paying the repair bill.
Please familiarize yourself with the location of the emergency shut-off button, in case an emergency occurs.
Laundry Rooms
Laundry rooms are common areas, so please be advised that we aren't responsible for damages or loss of clothing and
personal items from the laundry rooms.
Some laundry room guidelines:
• Don't sit or stand on the worktable(s). They are designed for laundry folding and sorting.
• 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.
Community Barbecue Grills
Some Communities have common area grills for your use and enjoyment. If you use these facilities, please clean up after
yourself. Some communities require the barbecues to be reserved, especially those that require a propane tank – please
check with the Community Office.
Exercise extreme caution disposing of coals, and don't dispose of them in landscaped areas. Instead, wait 24 hours for the
coals to completely cool and then put them in a garbage receptacle.
Community Fire Pits
Some communities also have common area fire pits to enjoy and in addition to the above BBQ guidelines here are a couple
safety tips for open flame gas fire pits:
• Don’t attempt to lift and/or move the fire pit.
• Don’t place any objects near the base of the fire pit as they may obstruct gas flow and ventilation
• Don’t use or store gasoline or other flammable vapor or liquids in the vicinity of the fire pit including empty gas cartridges,
lighters, etc.
• If you have reason to believe there is a gas leak, please contact 911 and the management team immediately.
Play Areas
• Residents of all ages are prohibited from playing on stairs, in trash receptacle areas, and laundry rooms or in any
potentially dangerous area.
• Please do not mark, write, or paint on buildings, walls, sidewalks or landscaped areas.
• Adults are responsible for the behavior of children.
• Finally, but most importantly, all residents should use caution when driving throughout the Community. Watch
closely for younger residents and their guests at play.
Tennis, Basketball, Racquetball and Other Sport Courts
At Communities where these courts are available, the hours of operation are posted. These rules apply to all courts.
• Community Management reserves the right to regulate the use of all courts. Courts are available on a first-come,
first-serve basis.
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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.
• We are not responsible for any damage, vandalism or loss that occurs on the grounds. All parking is at the driver’s own
risk.
• The speed limit at the Community is 5 miles per hour.
• 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.
• Current and updated license tags are required at all times.
• Resident shall obtain parking authorization for each vehicle that it owns and intends to park on the Property.
• 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
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• 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.
Electronic Vehicle Charging Stations
At some Communities we have electric vehicle charging stations (EVCS) available for use by our Residents. You may only
park in the space designated for using the EVCS while actually charging your vehicle (your electric vehicle). If you are parking
there when not charging your car, you may be towed (and the expense for towing is on you). You also need to pay for the use
of the EVCS. Only charge your vehicles at charging stations where available.
Use of the EVCS is subject to Community rules, regulations, posted signage and other instructions made available to you by
us.
The EVCS is provided to Resident in its "AS-IS," "WHERE-IS" and "WITH ALL DEFECTS" condition. We expressly disclaim all
warranties or representations of any kind, whether express or implied, including, but not limited to, the implied warranties of
merchantability, suitability and fitness for a particular purpose. Landlord makes no warranties or representations that the EVCS
will act in any particular way, meet any requirements or expectations or that the use of the EVCS will be uninterrupted, timely,
secure or error-free.
To the greatest extent allowed by law, by using an EVCS, you assume all risk of harm, release and waive all claims against us
from and against all claims relating to the EVCS by you whether the use is authorized or unauthorized, even if caused by the
negligence of us.
Pursuant to California Civil Code §1947.6 we will approve written requests of Residents to install, at your cost, an EVCS at a
parking space allotted to you under certain circumstances. If you'd like to know more, please contact the Community Office.
Bicycles
Please store bicycles inside your Unit, enclosed patio, balcony storage areas, or bicycle storage area if provided. Do not store
bicycles under stairways. We are not responsible for lost or stolen bicycles.
If a Bike Room is available at your Community, use of the Bike room is at your own risk. We are not responsible for lost or
stolen bicycles stored here either. It is your responsibility to secure bikes with your own lock. Also, do not let anyone else into
the bike room, and make sure the door is secured upon leaving.
For your safety, wear a bicycle helmet. Bicyclists should always yield to pedestrians.
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.
• Use your deadbolt or night latch.
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• 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.
When you are away from your Unit:
• Lock your doors and remember to use the deadbolts.
• Immediately report malfunctioning gate locks, or dark stairwells and parking areas.
• Close and lock your windows and sliding patio or balcony doors.
• Don't hide your front door key under the doormat.
• If you have an entry code, don't give it to anyone.
When you are driving and parking your car:
• Lock your car doors and never leave your parked car until the doors are locked and the windows are completely rolled up.
• Don't leave garage remotes, gate fobs or your keys in the car.
• Don't leave valuables in your car.
• Check the back seat before you get into the car.
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.
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Tub, showers and toilet: A tub cleaner should work on most dirt, stains and mildew, as well as rings, bottle marks and
soap buildup. A non-abrasive cleanser and scrub brush can tackle heavier dirt. Make sure the shower doors and soap
dishes are clean as well. Both the interior and exterior of your toilet should be clean, with no marks or discoloration.
Countertop, mirror, sinks and faucets: Ensure these surfaces are free of water spots, rings, smears, residue or dirt.
Stove: Clean under the stovetop and drip pans, which you can lift out by pulling on the burner (please make sure the
stove top and oven are cool first). See if the oven door and top are harboring burnt-on food. Check the exhaust fan above
the oven for grease, too.
Microwave: Look under the glass plate for food particles or drips. The interior and door need to be free of stuck-on food,
drips, splatters and discolorations.
Refrigerator and dishwasher: Clean any stains or spills from both the interior and exterior of your dishwasher and
refrigerator. You may need to remove the refrigerator shelves/drawers and clean separately.
Washer/Dryer: Check the interior and detergent/bleach reservoir for any detergent stains. Your dryer may be dusty, so
clean out the interior and lint trap.
Garage, carport, storage closet and patio: Complete sweep and clean. We will need an estimate from our cleaners for any
heavy stains or discoloration.
Walls: Remove all screws and nails, and carefully fill the holes with spackle. You can clean most scuffs with a melamine
sponge. If spot-painting is not sufficient to restore the condition of the walls, we may need to charge you for a full repaint
(prorated based on an amortized period of 36 months).
Floors: All flooring should be free of any spots, stains or fraying not noted on your move-in inspection. Please note that
dirty flooring is not considered normal wear and tear. We do not recommend using your own carpet cleaning machine,
which can cause damage by oversaturating the carpet and leaving detergent residue behind. An ideal option is to contact
us and arrange a carpet clean with our contracted carpet cleaning provider. We'll deduct the fee from your deposit and
save you the hassle.
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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-$100*** Ice Tray $2-$10
Light Fixture $75-$100 Shower Door $150-$350
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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 36 months. 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 prorated over 36 months.
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
LANDLORD:
Essex Management Corporation, a California corporation, as Agent for Owner
By:
***SIGN HERE*** { } {0} {} {}
Date
Print Name: Lisa Acosta Title: Community Manager Date: October 12, 2021
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