RESOLUTION 2024-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA FOR AN ADDITIONAL $450,000
FOR PLAN CHECK, INSPECTIONS AND RELATED ADMINISTRATIVE SERVICES WHEREAS, the Public Works Department administers an array of services including management of capital improvement and infrastructure projects related to the design and construction of water, wastewater, streets, storm drain and building infrastructure; and, WHEREAS, as part of these responsibilities, staff manages public works projects related to private development and determined a need for additional resources in consideration of the current and anticipated increases in workload related to future private land development activities in order to maintain an acceptable level of service; and, WHEREAS, on May 9, 2023, the City Council of the City of Banning adopted Resolution No. 2023-88 awarding a professional services agreement to Engineering Resources of Southern California (ERSC) for plan checks, inspections and related administrative services in the amount of $550,000; and,
WHEREAS, funds allocated to the current professional services agreement with ERSC have been exhausted; and,
WHEREAS, the amount of plan checks and inspections related to the Atwell Development have exceeded staff’s expectations and has resulted in a need to increase the Professional Services Agreement with ERSC by $450,000 in order to continue receiving their services; and, WHEREAS, an appropriation from the General Fund in the amount of $450,000 to Account No. 001-3000-442.33-53 is required to fund Amendment No. 1 and will be directly offset by revenues collected from plan check and inspection fees collected by the Public Works Department.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves Amendment No. 1 to the Professional Services Agreement with Engineering Resources of Southern California and authorizes the City Manager to sign said amendment.
SECTION 2. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 987
Resolution 2024-08
PASSED, APPROVED AND ADOPTED this 9th day of January 2024.
Alberto Sanchez, Mayor
City of Banning
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM AND
LEGAL CONTENT:
Serita R. Young, City Attorney
Richards, Watson & Gershon
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Resolution 2024-08
CERTIFICATION:
I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-08, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of January 2024 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Deputy City Clerk
City of Banning, California
989
Resolution 2024-08
EXHIBIT A
Amendment No. 1
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AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
(C00805) FOR PLAN CHECK AND INSPECTION SERVICES BY AND
BETWEEN CITY OF BANNING AND ENGINEERING RESOURCES
OF SOUTHERN CALIFORNIA, INC.
THIS AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR DESIGN SERVICES (“Amendment No. 1”) by and between the CITY OF BANNING (“City”) and ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., a California corporation (“Consultant”) is effective as of this day:
______________.
RECITALS
A. City and Contractor entered into that certain Contract dated July 1, 2023 for the purpose of providing Plan Check and Inspection Services (“Agreement”) following Request for Proposals (RFP No. 23-001), Plan Check and Inspection Services.
B. City and Contractor now desire to amend the Agreement to increase the Contract Sum to ($1,000,000.00).
The Parties therefore agree follows:
1. Amended Terms. The Agreement is hereby amended as follows:
1.1 The maximum compensation for the Services performed pursuant to this Amendment No. 1 shall not exceed Four Hundred Fifty Thousand Dollars ($450,000.00) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to One Million Dollars ($1,000,000.00).
2. Miscellaneous Provisions
2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement or Amendment No. 1, the provisions of this Amendment No. 1 shall control.
2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 1.
2.3 Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, 991
(iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
2.4 Counterparts. This Amendment No. 1 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
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The Parties are signing this Amendment No. 1 on the date stated in the introductory clause.
CITY OF BANNING CONTRACTOR
Douglas Schulze,
City Manager
NAME:
TITLE:
City Council Approval: _______________ NAME:
TITLE:
ATTEST:
Caroline Patton
Deputy City Clerk
APPROVED AS TO FORM:
Richards, Watson & Gershon
Serita R. Young
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
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CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Barbara Mason, Purchasing Manager
Lincoln Bogard, Administrative Services Director
MEETING DATE: January 9, 2024
SUBJECT: Consideration of Resolution 2024-10, Approving an Order Form and Terms and Conditions with Streamlink Software, Inc., dba AmpliFund, for a Software-as-a-Service Grant Management Platform.
RECOMMENDATION:
Adopt Resolution 2024-10.
BACKGROUND:
The City of Banning has continued to aggressively seek grant opportunities to fund and supplement projects City-wide and has had great success in grant awards to date. As the number of grants continue to grow, the City is seeking additional resources to manage these grants, properly allocate costs, standardize processing, and stay current on compliance guidance.
In order to meet these grant management goals, the City contacted four firms: Amplifund, GrantHub, Submittable, and ECivis for grant management software solutions. After careful review, City staff determined that Amplfund offered the best value for the City's needs.
AmpliFund software platform provides a straightforward, purpose-built solution to conduct opportunity research, track deadlines, centralize information, and monitor budgetary grant progress and compliance across the lifecycle of a grant. The software application will interface with our new ERP system (Netsuite) for continued up to date financial information for grant reporting. Additionally, the software includes Grant Seeker software to enhance the City's research for grant opportunities and interfaces with all applicable departments.
JUSTIFICATION:
The City does not currently have a grant management software and this new software will increase productivity, inter-department communication through work flows, enhance grant reporting and compliance, track submittal deadlines. Without this software, grant opportunities, deadlines, department interface is limited and completed manually.
FISCAL IMPACT:
This Fiscal Impact is a follows:
Period Annual Cost
Year 1 $ 35,500 (Includes implementation Cost)
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Year 2 $ 17,500
Year 3 $ 17,500
Year 4 $ 17,500
Total 4-Year Cost $ 88,000
As part of the grant management, where possible, the software costs will be offset by grant funded administrative costs. However, the software cost will be front funded and reimbursed where applicable.
ALTERNATIVES:
1. Adopt Resolution 2024-10, as recommended.
2. Adopt Resolution 2024-10, with modifications.
3. Do not approve Resolution 2024-10 and provide alternative direction to staff.
ATTACHMENTS:
1. Exhibit A - Amplifund-11-15-23.pdf
2. Resolution_2024-10__Amplifund_Clean.pdf
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ORDER FORM
This Order Form (“Order Form”) is effective as of January 31, 2024 (the “Effective Date”) by and between StreamLink Software Inc. dba AmpliFund, a Delaware corporation (“AmpliFund”) and the customer listed below (“Customer”). As used herein, “Agreement” shall mean this Order Form together with the attached Terms & Conditions. Any capitalized terms used but not defined in this Order Form will have the meaning set forth in the Terms & Conditions.
AmpliFund Grant Seeker provides a straightforward, purpose-built solution to conduct opportunity research, track deadlines, centralize information, and monitor budgetary grant progress across the lifecycle of a grant. Customers may have the ability to view or access functionality not included in their subscription tier. For more details on tier inclusions, please reference our feature matrix. AmpliFund reserves the right to audit usage and revise access levels as needed. Any delay in payment will impact the timeline of Customer’s software implementation.
SERVICES FEES
AmpliFund Grant Seeker
for Managing up to $10 Million
in Annual Grant Revenue
Year 1 Subscription $17,500.00
Year 2 Subscription $17,500.00
Year 3 Subscription $17,500.00
Year 4 Subscription $17,500.00
Implementation Package
See Exhibit A for Statement of Work
The one-time implementation fee includes up to a total of 110 hours. An additional $175 per hour rate applies if extra work is needed outside the scope defined in the Statement of Work and implementation package outlined in Exhibit A.
One-Time
Implementation Fee
(Which Includes SSO)
$18,000.00
First Year Total: $35,500.00
Total Contract Cost: $88,000.00
TERM
This Agreement commences on the Effective Date and continues for an initial term of one (1) year (the “Initial Term”), and shall thereafter automatically renew for up to four (4) additional, one (1) year terms, unless notice of non-renewal is serviced as provided in the Terms and Conditions.
CONTACT INFORMATION FOR NOTICES AND INVOICES
StreamLink Software Inc. dba AmpliFund
812 Huron Road East, Suite 550,
Cleveland, Ohio 44115
Email: [email protected]
Attn: Correen Brown
The City of Banning
99 E. Ramsey St.
Banning, CA 92220
Email: [email protected]
Attn: Lincoln Bogard
TAX INFORMATION
996
Tax ID:
Is this purchase tax exempt? Yes No. If “Yes”, please include your tax-exempt form for our records. If the tax-exempt form is not included AmpliFund will charge applicable sales tax.
This Agreement is executed by duly authorized representatives of the Parties and is effective as of the last signature date listed below (the “Effective Date”).
STREAMLINK SOFTWARE INC. The City of Banning, CA
dba AMPLIFUND
By: ______________________________________ By: __________________________ Name: Scott M. Smith Name: _________________________
Title: CEO Title: __________________________
Date: Date:
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TERMS AND CONDITIONS
StreamLink Software Inc. dba AmpliFund, a Delaware corporation (“AmpliFund”), a software-as-a-service grant management platform (“Platform”), allows users to obtain and manage federal and other sources of grant funding (collectively, “Grants”). These Terms and Conditions, together with the Order Form (collectively, the “Agreement”), governs the relationship whereby AmpliFund will (i) grant Customer access to the Platform; and (ii) provide the support services set forth on Exhibit A attached hereto (with the Platform, the “Services”). To the extent that any conflict arises between these Terms and Conditions and an Order Form, these Terms and Conditions shall control unless specifically stated otherwise in the Order Form. AmpliFund and Customer may be referred to herein collectively as the “Parties” or individually as a “Party.” Accordingly, the Parties agree as follows:
1. Access and Use.
a. Platform Access. Subject to and conditioned on Customer’s payment of Fees (defined below) and compliance with all other terms and conditions of this Agreement, AmpliFund hereby grants to Customer during the Term (defined below) a non-exclusive, non-transferable, non-sublicensable license to allow its Authorized Users to access and use the Platform solely for Customer’s internal management of Grants. “Authorized Users” means Customer’s employees, consultants, contractors, and agents (i) who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Agreement and (ii) for whom access to the Services has been purchased hereunder. Customer acknowledges and agrees that it is responsible for the use or misuse of the Services by Authorized Users, and a breach by any Authorized User of any term of this Agreement will be deemed a breach by Customer of this Agreement. b. Restrictions. Customer may not: (i) copy, modify, translate, or create derivative works of the Platform; (ii) reverse engineer, decompile, disassemble or otherwise attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Platform; (iii) lend, lease, offer for sale, sell or otherwise use the Platform for the benefit of any third party; (iv) attempt to disrupt the integrity or performance of the Platform; (v) attempt to gain unauthorized access to the Platform or its related systems or networks; or (vi) use the Platform in a manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, rule or regulation.
c. Reservation of Rights. Except for the rights granted to Customer in Section 1(a) above and Customer’s rights to Data (defined below), as between the Parties, AmpliFund retains all right, title and interest, including all intellectual property rights, in and to the Platform (including all updates thereto (“Updates”) and Diagnostic Data (defined below). All rights that AmpliFund does not expressly grant to Customer in this Section 1 are reserved. Except for the limited access rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any intellectual property rights or other right, title, or interest in or to the Platform. d. Customer Data. As between the Parties, Customer owns all data, information and other materials submitted to the Platform, or otherwise made accessible to Amplifund, by Customer or Authorized Users (collectively, “Customer Data”). Customer hereby grants to AmpliFund a nonexclusive and non-transferable (except under Section 10) license to use and host the Customer Data to provide the Services. Customer
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represents and warrants to AmpliFund that: (i) it owns or otherwise has sufficient rights to the Customer Data to grant the license in this Section 1.d.; and (ii) no Customer Data submitted to the Platform does or will violate the privacy, intellectual property or other rights of any person or entity or any applicable laws, rules or regulations.
Amplifund is provided a limited license to access Customer Data for the sole and exclusive purpose of providing the Services, including a license to collect, process, store, generate, and display Customer Data only to the extent necessary in the providing of the Services. Amplifund shall: (a) keep and maintain Customer Data in strict confidence, using such degree of care as is appropriate and consistent with its obligations as further described in this Agreement and applicable law to avoid unauthorized access, use, disclosure, or loss; (b) use and disclose Customer Data solely and exclusively for the purpose of providing the Services in accordance with this Agreement and applicable law; (c) allow access to Customer Data only to those employees and agents of Amplifund who are directly involved with and responsible for providing the Services; and, (d) not use, sell, rent, transfer, distribute, or otherwise disclose or make available Customer Data for Amplifund’s own purposes or for the benefit of anyone other than Customer without Customer’s prior written consent.
e. Diagnostic Data. Notwithstanding anything to the contrary in this Agreement, AmpliFund may monitor Customer’s use of the Services and collect and compile Diagnostic Data. “Diagnostic Data” means all aggregated and de-identified information that AmpliFund’s systems or applications automatically collect regarding use of the Platform and its performance. As between AmpliFund and Customer, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by AmpliFund. Customer acknowledges that AmpliFund may compile Diagnostic Data based on Customer Data input into the Services, and use such Diagnostic Data to the extent and in the manner permitted under applicable law; provided that such Diagnostic Data does not identify Customer or Customer’s Confidential Information.
Notwithstanding the foregoing, Amplifund may not utilize aggregated data derived from Customer Data unless it has been made “anonymous” using technology that irreversibly alters data in such a way that the data subject can no longer be identified directly or indirectly, either by the data controller alone or in collaboration with any other party, and such data is thereby rendered “anonymized data”, as generally described in ISO 25237:2017, Sections 3.2 and 3.3.
2. Professional Services. AmpliFund will provide the support services set forth on Exhibit A. Pursuant to the terms of this Agreement, and from time to time during the term of this Agreement, AmpliFund may provide Customer with additional professional services as specified in Statement(s) of Work (“SOW”) to this Agreement. Each SOW is incorporated into this Agreement by reference and will include a description of the services to be provided by AmpliFund, a proposed timeline or term, and the fees payable to AmpliFund for the services. To the extent that any conflict arises between this Agreement and a SOW, this Agreement shall control. The parties acknowledge and agree that until a SOW is executed by the parties, AmpliFund is not required to provide any additional professional services hereunder by virtue of this Agreement alone. Customer agrees to provide good-faith cooperation to enable AmpliFund to perform the services described in the SOW in a timely and efficient manner, including providing access to necessary personnel, making decisions, giving approvals, and communicating information in a timely manner, and, where services are to be performed at a Customer location, providing security access, office accommodations and supplies, and access to necessary facilities, equipment, and telecommunications resources. 999
Before Amplifund may physically provide any services on Customer’s premises, Amplifund shall agree in writing to defend, indemnify and hold Customer harmless with respect to any and all claims and liabilities for bodily injury, death, and property damage arising out of such services.
Furthermore, Amplifund shall provide commercial general and auto liability insurance, and workers compensation, satisfactory to City’s risk manager as to form and limits of coverage, for the protection of Amplifund and the City.
3. AmpliFund’s Obligations. AmpliFund will use commercially reasonable efforts to make the Platform available at all times, except for planned downtime and any unavailability caused by Force Majeure Events (defined below). AmpliFund will maintain commercially reasonable administrative, technical and physical safeguards to protect the security, confidentiality and integrity of Data, including by use of a commercially reasonable hosting provider. As of the Effective Date, AmpliFund’s hosting provider is Microsoft Azure. Amplifund shall provide City with prior, written notice should it intend to no longer utilize Microsoft Azure as the hosting provider. Any and all cloud storage shall be in compliance with ISO/IEC 27001 - 27018, as applicable, or successor standards thereto. The Services (including all data storage), shall be provided solely from within the continental United States and on computing and data storage devices residing therein. Verified cloud storage services provided by Amazon Web Services or Microsoft Azure, shall be deemed to comply with this section.
Without limiting Amplifund’s obligation of confidentiality as further described herein, Amplifund shall be responsible for establishing and maintaining a data privacy and information security program, including physical, technical, administrative, and organizational safeguards, that comply with or are substantially similar to the security controls identified in the current version of NIST SP800-53, and that is designed to: (a) ensure the security and confidentiality of the Customer Data; (b) protect against any anticipated threats or hazards to the security or integrity of the Customer Data; (c) protect against unauthorized disclosure, access to, or use of the Customer Data; (d) ensure the proper disposal of Customer Data; and, (e) ensure that all employees, agents, and subcontractors of Amplifund comply with all of the foregoing. In no case shall the safeguards of Amplifund’s data privacy and information security program used to protect Customer Data be less stringent than the safeguards used by Amplifund for its own data.
4. Payment Terms.
a. Fees. Customer will pay AmpliFund the fees as detailed on the Order Form or SOW, as applicable (the “Fees”). Year 1 Subscription Fees and Implementation Fees are due upon execution of the Agreement prior to the commencement of the use of the Platform or support services, as applicable. Subscription Fees following Year 1 are paid annually in advance. All Fees are noncancellable and non-refundable unless Customer terminates due to a material breach by Amplifund under Section 6.b of this Agreement, or otherwise as provided herein. b. Taxes. Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any applicable taxing authorities (collectively, “Taxes”). Customer is responsible for all Taxes associated with its receipt of the Services (except for any Taxes assessable against AmpliFund based on its net income). If Customer is exempt from state and local government taxes, then Customer represents and warrants it has provided evidence of such exemption to AmpliFund prior to the Effective Date.
5. Confidential Information.
a. Definition. As used herein, “Confidential Information” means all confidential information 1000
disclosed by a Party (“Disclosing Party”) to the other Party (“Receiving Party”), that is marked in writing as “confidential” or by a similar designation. For clarity, the Confidential Information of AmpliFund includes the AmpliFund technology underlying the Platform and any related nonpublic specifications, documentation or technical information that AmpliFund makes available to Customer. For avoidance of doubt, all Customer Data is Confidential Information. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) is received from a third party without breach of any obligation owed to the Disclosing Party; or (iv) was independently developed by the Receiving Party. b. Protection of Confidential Information. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care). The Receiving Party may only use the Disclosing Party’s Confidential Information to perform its obligations or exercise its rights under this Agreement.
Except as expressly authorized by the Disclosing Party in writing, the Receiving Party will limit access to Confidential Information of the Disclosing Party to those of its and its affiliates’ employees, contractors or agents who need such access to perform obligations under this Agreement and who agree to abide by the terms set forth in this Section 5. Neither Party will disclose the terms of this Agreement to any third party (except for its affiliates and their legal counsel and accountants) without the other Party’s prior written consent. c. Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, including the California Public Records Act, subpoena, or court order, provided the Receiving Party gives the Disclosing Party reasonable, prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure.
6. Term and Termination.
a. Term. This Agreement commences on the Effective Date and continues for the initial one (1) year Term set forth on the Order Form. Thereafter, this Agreement shall automatically renew for up to four (4), successive, one (1) year terms (each a “renewal term”) unless, at least sixty (60) days prior to the end of the initial Term of any renewal term, either party provides the other with a notice of non-renewal whereupon this Agreement shall expire as of the last day of the current year’s term.
b. Termination. Either Party may terminate this Agreement upon 30 days’ prior written notice if the other Party is in material breach of this Agreement and the breaching Party fails to remedy the breach within the 30-day notice period (except for a breach of payment obligations, in which case the cure period shall be 5 days). Either Party may terminate this Agreement, effective immediately upon written notice to the other Party, if the other Party: (i) becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become due; (ii) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (iii) makes or seeks to make a general assignment for the benefit of its creditors; or (iv) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business. AmpliFund may terminate this Agreement, effective on written notice to Customer, if Customer breaches any of its obligations under Section 1.b.
Non-Appropriation. Amplifund understands and agrees that, as a California public agency, 1001
Customer is subject to the California Debt Limitation rule which prohibits public agencies from incurring debt beyond its current fiscal year. Therefore, during any fiscal year of Customer following the first year of the initial term hereof, Customer may terminate this Agreement without penalty in the event its governing body fails to appropriate sufficient funding to pay all amounts otherwise due hereunder for the following fiscal year. In the event of such nonappropriation, Customer shall provide Amplifund not less than thirty (30) days’ prior, written notice of termination and shall pay any amounts then due and owing for the period prior to the date of termination.
c. Effect of Termination. Upon expiration or termination of this Agreement, the licenses and/or access rights, as applicable, granted by each Party will automatically terminate and all outstanding Fees owed pursuant to Section 4 will become immediately due and payable.
Sections 1, 4, 5, 6.c, 7, 8, 9, 10 and all defined terms used in those Sections will survive any expiration or termination of this Agreement. In the event of a termination for material breach by AmpliFund under Section 6.b of this Agreement, the Customer shall be entitled to a pro-rata refund of prepaid Fees to date and be relieved from any further obligation for payment under this Agreement.
7. Representations and Warranties.
a. Warranties. Each Party represents and warrants to the other that: (i) it has the right, power and authority to enter into this Agreement and to perform all of its obligations hereunder; (ii) the execution of this Agreement by its representative has been duly authorized by all necessary organizational action of the Party; and (iii) when executed and delivered, this Agreement will constitute the legal, valid and binding obligation of such Party, enforceable against such Party in accordance with its terms.
b. Warranty Disclaimer. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES IN THIS SECTION,
AMPLIFUND (I) MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, AND (II) DISCLAIMS ALL IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY LOCAL JURISDICTIONAL ANALOGUES TO THE FOREGOING. AMPLIFUND MAKES NO WARRANTY OF ANY
KIND THAT THE PLATFORM, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION,
ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE ERROR FREE.
8. Limitations on Liability. EXCEPT FOR A PARTY’S INDEMNIFICATION OBLIGATIONS DESCRIBED IN SECTION 9 BELOW, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, (A) IN NO EVENT WILL EITHER PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE FEES PAID OR PAYABLE TO AMPLIFUND DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM; AND (B) IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS
AGREEMENT (INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, DATA OR OTHER BUSINESS
OPPORTUNITIES), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
9. Indemnification. If a claim by a third party (a “Third Party Claim”) is asserted against Customer alleging that the Platform or Amplifund’s provision of the Services infringes such third party’s intellectual property rights (“Infringement Claim”), then AmpliFund will indemnify and defend 1002
Customer from the Infringement Claim and hold Customer harmless from any damages finally awarded or settlements entered into with respect to the Infringement Claim, provided that Customer promptly notifies AmpliFund in writing of the claim, cooperates with AmpliFund, and allows AmpliFund sole authority to control the defense and settlement of such claim. In the event of an Infringement Claim, AmpliFund, at its sole option and expense, may: (i) procure for Customer the right to continue using the Platform or infringing part thereof; (ii) modify the Platform or infringing part thereof; (iii) replace the Platform or infringing part thereof with other software having substantially the same or better capabilities; or, (iv) if the foregoing are not commercially practicable, terminate this Agreement and repay to Customer a pro-rata portion of the Fees. Notwithstanding the forgoing sentences of this Section 9, AmpliFund will have no liability for an Infringement Claim if the actual or alleged infringement results from (a) Customer’s or any Authorized User’s breach of this Agreement; (b) any modification, alteration or addition made to the Platform by Customer or any Authorized Users, including any combination of the Platform with software not provided by AmpliFund; (c) Customer’s or any Authorized User’s failure to use any Updates AmpliFund makes available; (d) any settlements entered into or costs incurred by Customer for the Infringement Claim that AmpliFund has not preapproved in writing or (e) use of the Platform for Customer Data in violation of this Agreement.
Cyber Liability. Amplifund shall indemnify, defend, and hold harmless Customer for any and all claims and liabilities, including reasonable attorneys’ fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from Customer in connection with any negligent act, error or omission, or misconduct by Amplifund or any agent thereof, that permits any unauthorized access to, or that compromises or is suspected to compromise the security, confidentiality, or integrity of, Customer Data, up to the limits of Amplifund’s Cyber Liability policy required herein.
Cyber Liability Insurance. Unless otherwise approved in writing by Customer’s risk manager, Amplifund shall, at its own expense, procure and maintain in full force and effect during the term of this Agreement, cyber liability insurance ($2,000,000 per occurrence) providing protection against claims and liabilities arising from: (i) errors and omissions in connection with maintaining security of Customer Data; (ii) data breach including theft, destruction, and/or unauthorized use of Customer Data; (iii) identity theft including bank charges assessed; and (iv) violation of privacy rights due to a breach of Customer Data.
10. Miscellaneous. Customer agrees that any violation or threatened violation of this Agreement may cause irreparable injury to AmpliFund, entitling AmpliFund to seek injunctive relief in addition to all available remedies. Neither Party may assign this Agreement or any rights under it, or subcontract any obligation herein, in whole or in part, without the other Party’s prior written consent; provided that either Party may assign this Agreement or any rights under it without prior written consent to a successor in connection with a merger, acquisition, reorganization, consolidation, or sale of all or substantially all of its assets or the business to which this Agreement relates. Any attempt to assign this Agreement, or subcontract, other than as permitted above will be void.
If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this Agreement will remain in full force and effect. This Agreement will be governed by and construed under the laws of the State of California, without reference to its conflict of laws principles. Venue for any legal action arising out of this Agreement, shall be the Superior Court of the County of Riverside, California.
This Agreement, including all Exhibits and SOWs referenced herein or attached hereto, is the entire agreement between the Parties with respect to the subject matter set forth herein and supersedes any previous or contemporaneous communications, whether oral or written, express or implied. For the avoidance of doubt, the terms of this Agreement will govern all Customer orders submitted to 1003
pursuant to a SOW, and no additional or inconsistent terms or conditions in any a Customer purchase order will have any legal effect. This Agreement may be modified or amended only by a writing signed by both Parties. If there is any conflict or inconsistency between the terms of any Exhibit and the terms in the body of this Agreement, then the terms in the body of the Agreement will control solely to the extent of the conflict. All waivers made under this Agreement must be made in writing by the Party making the waiver. This Agreement may be signed in counterparts, each of which will be deemed an original, and all of which together will constitute a single agreement.
11. Notice. Any notice required or permitted to be given under this Agreement will be effective if it is (i) in writing and sent by certified or registered mail, or insured courier, return receipt requested, to the 1004
appropriate Party and with the appropriate postage affixed; or (ii) sent via electronic mail, in either case addressed to the address set forth on the Order Form. Either Party may change its address for receipt of notice by notice to the other Party in accordance with this Section. Notices are deemed given two business days following the date of mailing, one business day following delivery to a courier, and/or on the same day electronic mail is sent to the recipient.
12. Force Majeure. Neither party will be liable or responsible to the other, nor be deemed to have breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the non-performing party’s reasonable control including, without limitation, acts of God, pandemic, natural disaster, denial of services attacks and/or service provider system outages (collectively, “Force Majeure Events”). Lack of funding not due to a Force Majeure Event shall not be deemed to be a Force Majeure Event. Any party asserting Force Majeure shall provide prompt notice thereof to the other. Should there be any Force Majeure Event lasting thirty (30) or more days that prevents full performance of the Services by Amplifund, then Customer may terminate and Amplifund shall provide a prorata refund of fees paid, notwithstanding any other provision of this Agreement.
13. Records; Audit. AmpliFund shall maintain adequate records of the fees and expenses charged to Customer with respect to the Services for at least two years after completion of such Services.
AmpliFund shall make such records available to Customer during normal business hours upon reasonable advance written notice (no less than 10 business days). AmpliFund shall cooperate in any audit of such records that Customer may undertake; provided, however, that any such audit shall be at Customer’s sole expense. If, as a result of such audit, it is determined that AmpliFund has overcharged Customer, Customer shall notify AmpliFund of the amount of such overcharge, and AmpliFund shall credit to Customer the amount of such overcharge. No such audit may occur more than once in any twelve-month period unless Customer needs to do so for purposes of defending itself with respect to litigation or threatened litigation.
END OF DOCUMENT
1005
Exhibit A
Delivery – Statement of Work
City of Banning, CA (“Customer”)
Per discussions during product demonstrations and contract negotiations, AmpliFund’s current understanding of the project scope is documented below. The scope and timeline will be further refined during the implementation process, as necessary. In the event the Parties agree that the Activities, Deliverables, or Services of this Project Statement of Work should be modified or added to, the Parties shall prepare a written amendment to the Project Statement of Work for execution by the Parties. See Change Order Request section for details.
Project Scope
Delivery Services
The delivery package fee includes implementation for the customer project team, internal users, and recipients. The AmpliFund Delivery Team will commit no more than 110 total hours to delivery. Hours will be utilized to complete project plan as outlined within 90 days of Project Kick-Off Meeting.
The Delivery Team will track hours utilized and will provide the customer with current status upon request. AmpliFund’s delivery approach enables the customer to successfully perform all grant management activities long-term.
The delivery design allows the customer to use the system to its fullest extent to manage grant processes. Delivery services include:
• Project Management
• AmpliFund will adhere to standard Project Management methodologies. • Delivery of a customized training plan which will provide end users the ability to create and manage their active grant portfolio within AmpliFund. • Requirements Gathering
• Requirements gathering which allows the project teams to discuss and define the efforts required to support expected outcomes. • In-depth assessment of current systems, existing grant management processes, reporting requirements, as well as agency needs regarding the development and implementation of new workflows/processes in addition to established workflows
• Training and Configuration
• Deliver training sessions and provide import templates and documentation necessary to manage the grant portfolio.
• Rollout and Post-Implementation Support
• Assistance to ensure a smooth transition into managing the system following training and configuration.
Further ongoing support is detailed in the Support Services Exhibit.
Technical Services
In addition to the AmpliFund Solution, AmpliFund will provide:
• Hosting in AmpliFund’s Microsoft Azure Commercial cloud 1006
• Data Migration Support - AmpliFund can provide data migration templates to the Agency, and any third-party of the Agency’s choosing, to migrate any existing and/or historical grant data into AmpliFund for an additional fee.
Data & System Connectivity
• Single Sign On
AmpliFund supports SAML, OAUTH, and WS-Federation services to integrate with external authentication providers and will integrate with the customer's Active Directory implementation out-of-the-box. User roles and sign-on details are managed by the Customer, including password requirements and security. • Grant Seeker Expense Automated Integration
AmpliFund will configure an interface to run on a pre-defined schedule, to occur no more frequently than once a week, that will integrate expense transactions from customer’s financial system of record in to AmpliFund. The connector will be configured using a third-party iPaaS tool, Workato, following the conclusion of the discovery & configuration phases of our standard implementation plan.
The integration will be configured in accordance with the configuration and mapping rules defined during implementation, leveraging the customer’s identifiers and chart of account elements as the key elements for mapping each relevant expense transaction.
Additional details will be captured as part of the requirements gathering phase for this project, including connectivity details, filters and parameters, and additional mapping requirements as needed.
The following assumptions have been made:
1. The integration will be limited to AmpliFund Standard Data Elements associated with Expense records.
2. The customer has a consistent and standard method for providing AmpliFund access to the desired expense transactions to integrate.
3. Customer will make available via either (i) API endpoint(s) or (ii) a regularly delivered and consistently formatted flat file (in .csv or comparable format) the transactions and associated data required for mapping via the interface.
4. The current structure of the customer’s chart of accounts include segments (fields) that will allow the system to identify the grant in which to associate a given transaction.
5. The current structure of customer’s chart of accounts include segment(s) that can be used to identify the specific Budget Line Item to post a transaction to.
6. The current structure of customer’s chart of accounts include segment(s) that can be used to identify whether a transaction is Grant-Funded, Cash-Match, or In-Kind Match.
7. If indirect is captured in the financial system, the current structure of customer’s chart of accounts include segment(s) that can be used to identify those indirect costs.
8. Customer will make available resources that can provide the necessary information to support the discovery and configuration phase of the implementation plan, for example; a. ERP Analyst or comparable role with a strong understanding of the current chart of accounts
b. Ability to produce sample data sets, exports, etc. for evaluation c. Knowledge of financial system capabilities related to the API or export tools required to support the integration (interoperability functionality) 1007
Change Order Requests
In the event the Parties agree that the Activities, Deliverables, or Services of the Project Statement of Work should be modified, or that additional Activities, Deliverables, or Services should be conducted, a written amendment to the Project Statement of Work will be developed for review and execution by the Parties prior to initiation of additional work. At the request of the customer, additional services hours may be purchased at a rate of $175 per hour.
Assumptions
Project Assumptions, Exclusions, and Constraints
• The AmpliFund Delivery Team will provide web-based, virtual training sessions for users to join. The trainings can be recorded and made available for future reference. All work will be performed remotely by the AmpliFund Delivery Team. On-site training and configuration services can be procured at additional fees. • There will be agreements between different departments to collaborate including providing staff and information per the work plan. The cross-department collaboration will occur in order to standardize a consistent set of business processes within AmpliFund.
• AmpliFund will be responsible for calculating hours and report back to customer as requested.
• Delivery hours included in this Statement of Work expire 12 months from the contract execution date. Upon time of expiration, if hours have not been fully utilized, they will be forfeited by the client unless a change request is mutually agreed upon to extend the Statement of Work period.
.
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EXHIBIT B
Support
All capitalized terms that are used but not defined in this Exhibit will have the meanings ascribed to them in the body of the Agreement.
1. Support. AmpliFund will provide technical support and customer service (“Support”) to Customer on an ongoing basis during the Term of the Agreement. (i) Through AmpliFund’s online support portal, Customer will have access to the most up-to-date support documentation, user guides, videos, release notes, and import templates, as well as regularly scheduled, live virtual training sessions on core functionality.
(ii) Customer may request additional Support by contacting AmpliFund at 216-377- 5500, via email at [email protected] or through the online chat functionality available on the Platform. Telephonic and online chat support are available during normal business hours, defined as 8:00am – 8:00pm ET, Monday through Friday, except for national holidays in the United States.
Customers may submit support tickets, feature requests and bug reports through the Platform at any time.
2. Issues. “Issues” impact the availability of the Platform, except for scheduled downtime, as determined by AmpliFund in its reasonable discretion. AmpliFund distinguishes among four severity of Issues as follows:
(i) Critical Severity: Issues that prevent one or more users from accessing the application or defects that allow unauthorized access to customer data. (ii) High Severity: Issues that prevent one or more users from completing a core business process within the application.
(iii) Medium Severity: Issues that cause difficulty completing a task within the application.
(iv) Low Severity: Issues that do not prevent user action or cause any difficulty but may be perceived as detracting from the quality of the product.
3. Target Resolution Times. AmpliFund will use commercially reasonable efforts to meet the following target time frames for resolution of Issues from the time AmpliFund receives a Support request:
Severity Target Resolution Time
Critical 4 hours or better
High 48 hours or better
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Medium 10 business days or better
4. Scheduled Maintenance Downtime. AmpliFund may perform schedule maintenance Monday through Friday, between the hours of 10 PM – 11PM ET. In the event maintenance is required outside these established windows, AmpliFund will make reasonable efforts to notify customers in advance.
5. Resolution. If AmpliFund has not resolved an Issue within the Target Resolution Time frame, then, upon Customer’s written request, the parties will discuss a resolution plan.
6. Uptime. AmpliFund guarantees a 99.9% up time of the Platform for each calendar month of the term of this Agreement, exclusive of scheduled maintenance periods or periods of Force Majeure (“Guaranteed Uptime”), where 100% equals the total available uptime. Status of the Platform may be accessed at https://status.amplifund.com/. Failure of Amplifund to maintain the Guaranteed Uptime for any two consecutive month period shall constitute a breach of this Agreement whereupon Customer may terminate without prior notice and receive a pro-rata refund of fees paid.
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Resolution 2024-10
RESOLUTION 2024-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
APPROVING AN ORDER FORM AND TERMS AND CONDITIONS WITH STREAMLINK SOFTWARE, INC., DBA AMPLIFUND, FOR A SOFTWARE-AS-A-SERVICE GRANT
MANAGEMENT PLATFORM
WHEREAS, the City of Banning has several grants in process and continues to seek new grant opportunities: and,
WHEREAS, it is necessary to manage the grants received to include time sensitive grant compliance, financial reporting, reimbursement submittals, and interdepartmental workflows; and WHEREAS, the City needs to move to a proactive grant management system with a solution that provides a comprehensive grant management lifecycle.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council hereby approves the attached Order Form and Terms and Conditions with Streamlink Software, Inc., dba AmpliFund, for 4-year term and a not-to-exceed contract amount of $88,000 for a software-as-a-service grant management platform and authorizes the City Manager to sign the Order Form and all other necessary agreement documents on behalf of the City Council.
SECTION 2. The City Council authorizes the City Manager, or his designee, to make necessary budget adjustments, appropriations, and transfers related to this Resolution.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution and shall cause the certified Resolution to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 9th day of January 2024.
Alberto Sanchez, Mayor
City of Banning
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
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Resolution 2024-10
APPROVED AS TO FORM AND
LEGAL CONTENT:
Serita R. Young, City Attorney
Richards, Watson & Gershon
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Resolution 2024-10
CERTIFICATION:
I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-10, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of January, 2024 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
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Resolution 2024-10
EXHIBIT A
Software as a Service for Grant Management Software with Streamlink Software, Inc., dba AmpliFund
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CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Doug Schulze, City Manager
MEETING DATE: January 9, 2024
SUBJECT: Consideration of Resolution 2024-11, Authorizing the City Manager to Enter into Lease Agreements with Haskell Real Estate for Homeless Transitional Housing
RECOMMENDATION:
A motion to approve Resolution 2024-11, authorizing the City Manager to enter into three (3) lease agreements with Haskell Real Estate for homeless transitional housing.
BACKGROUND:
The Encampment Reduction Funding Grant received by the City includes funding for housing assistance to homeless individuals. One of the biggest obstacles to housing homeless individuals in Banning is the lack of low cost rental property. In an effort to move unhoused individuals from Opportunity Village into housing, the City must have housing available. Haskell Real Estate has three rental properties available and they are willing to lease the property to the City of Banning.
The rental properties will serve as transitional housing, which is intended to providing housing to individuals who have income but income is not sufficient to pay deposits and fully cover monthly rent.
Over time, these individuals will establish work history and move into independent housing. The lease agreements between the City of Banning and Haskell are important because as tenants move in and out of the program new lease agreements will not be required for new tenants because the City is the lessee. However, the City will have less agreements with each individual tenant placed into rental housing.
The properties to be leased are:
146 N 4th Street
94 C N 22nd Street
90 N 22nd Street
JUSTIFICATION:
Transitional housing is a missing piece of the City's homeless services and funding is available through awarded grant funds. The City is required to obligate the Encampment Reduction Fund grant monies by June 30, 2024.
FISCAL IMPACT:
Rent costs will be approximately $45,000 annually and will be fully funded through grant proceeds.
ALTERNATIVES:
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1. Authorize City Manager to enter into lease agreements;
2. Do not authorize City Manager to enter into lease agreements.
ATTACHMENTS:
1. Lease Agreement_94 C N 22nd St.pdf
2. Lease Agreement_4th St.pdf
3. Lease Agreement_90 N 22nd St.pdf
4. Resolution_2024-11__Lease_Agreements.pdf
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;·, ouec,,R',u •
~
.1SSOClXflU,,
OF RE.1LTC>RS®
RESIDENTIAL LEASE OR
MONTH-TO-MONTH RENTAL AGREEMENT
(C.A.R. Form RLMM, Revised 6/23)
Date 12/19/2023 _______________ c~,~·ty~o_f B~an~n~,~·n_g ___ --=----:--,:,----c-----,.,.- ("Tenant") and Dr. Ahsan Qazi Rental Property Owner, Authorized Broker or Agent, or Property Manager ("Housing Provider"), agree as follows ("Agreement"):
1. PROPERTY:
A. Housing Provider rents to Tenant and Tenant rents from Housing Provider, the real property and improvements described as:
146 N 4th St, Banning, CA 92220 ("Premises").
B. The Premises are for the sole use as a personal residence by the following named person(s) only: _T<_e_n_an_t_o_nl_y ____ _ Any person in the Premises, other than those listed in this paragraph are considered guests. Guests are not permitted to stay more than 14 ( or O __ ) days without Housing Provider's written consent.
C. The following personal property, maintained pursuant to paragraph 11, is included: window coverings, stove or D (if checked) the personal property on the attached addendum is included. ---,------,---.,----,--------,---,---- D. The Premises may be subject to a local rent control ordinance------=----=-------,--------------
2. TERM: The term begins on (date) 02/01/2024 ("Commencement Date"). If Tenant has not paid all amounts then due; (i) Tenant has no right to possession or keys to the premises and; (ii) this Agreement is voidable at the option of Housing Provider, 2 calendar days after giving Tenant a Notice to Pay (C.A.R. Form PPN). Notice may be delivered to Tenant (i) in person; (ii) by mail to Tenant's last known address; or (iii) by email, if provided in Tenant's application or previously used by Tenant to communicate with Housing Provider or it's agent. If Housing Provider elects to void the lease, Housing Provider shall refund to Tenant all rent and security deposit paid.
{gheck A or B):
LJ A. Month-to-Month: This Agreement continues from the commencement date as a month-to-month tenancy. Tenant may terminate the tenancy by giving written notice at least 30 days prior to the intended termination date. Tenant shall be responsible for paying rent through the termination date even if moving out early. Housing Provider may terminate the tenancy by giving written notice as provided by law. Such notices may be given on any date. IK! B. Lease: This Agreement shall terminate on (date) 01/31/2026 at 12 DAM/ OOPM. Tenant shall vacate the Premises upon termination of the Agreement, unless: (i) Housing Provider and Tenant have extended this Agreement in writing or signed a new agreement; (ii) mandated by any rent increase cap or just cause eviction control under any state or local law; or (iii) Housing Provider accepts Rent from Tenant (other than past due Rent), in which case a month-to-month tenancy shall be created which either party may terminate as specified in paragraph 2A. Rent shall be at a rate agreed to by Housing Provider and Tenant, or as allowed by law. All other terms and conditions of this Agreement shall remain in full force and effect.
3. RENT: "Rent" shall mean all monetary obligations of Tenant to Housing Provider under the terms of the Agreement, except security deposit.
A. Tenant agrees to pay $1,350.00 per month for the term of the Agreement.
B. Rent is payable in advance on the 1st (or ~~~-~~) day of each calendar month, and is delinquent on the next day.
C. If Commencement Date falls on any day other than the day Rent is payable under paragraph 38, and Tenant has paid one full month's Rent in advance of Commencement Date, Rent for the second calendar month shall be prorated and Tenant shall pay 1130th of the monthly rent per day for each day remaining in the prorated second month.
D. PAYMENT:
(1) Rent shall be paid by 00 personal check, 00 mone~rder, 00 cashier's check, made payable to Haskell Real Estate Inc. -~-------------=-----' LJ wire/electronic payment to ---,--,-,-----=----,--,---,~----' or D other __ -=---=--=----,-. Payment via electronic apps such as PayPal or Venmo will not (0 will) be accepted. (2) Rent shall be delivered to (name) c..cH..::.a.=.:sk~e=..:l:..cl Rc..:..:::ea:::.,l-=E=..:s=-=t=-at=-=e-=l.:..:n-=-c'-. ____________________ _ (whose phone number is) (951)849-4521 at (address) 55 N 8th St Bannin CA 92220 (or at any other location subsequently specified by Housing Provider in writing to Tenant) (and if checked, rent may be paid personally, between the hours of 9am and 5pm on the following days M-F or 24n througn door slot ). (3) If any payment is returned for non-sufficient funds ("NSF") or because tenant stops payment, then, after that: (i) Housing Provider may, in writing, require Tenant to pay Rent in cash for three months and (ii) all future Rent shall be paid by 1K! money order, orOO cashier's check.
E. Rent payments received by Housing Provider shall be applied to the earliest amount(s) due or past due.
4. SECURITY DEPOSIT:
A. Tenant agrees to pay $1,350.00 as a security deposit. Security deposit will be 00 transferred to and held by the Owner of the Premises, or LJ held in Owner's Broker's trust account.
B. All or any portion of the security deposit may be used, as reasonably necessary, to: (i) cure Tenant's default in payment of Rent (which includes Late Charges, NSF fees or other sums due); (ii) repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest, invitee or licensee of Tenant; (iii) clean Premises, if necessary, upon termination of the tenancy; and (iv) replace or return personal property or appurtenances. SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU OF PAYMENT OF LAST MONTH'S RENT. If all or any portion of the security deposit is used during the tenancy, Tenant agrees to reinstate the total security deposit within 5 days after written notice is delivered to Tenant. Within 21 days after Tenant vacates the Premises, Housing Provider shall: (1) furnish Tenant an itemized statement indicating the amount of any security deposit received and the basis for its disposition and supporting documentation as required by California Civil Code§ 1950.S(g); and (2) return any remaining portion of the security deposit to Tenant. © 2023, California Association of REAL TORS®, Inc.
Tenant's Initials ___ _ __ Housing Providers Initials
RLMM REVISED 6123 (PAGE 1 OF 9)
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT RLMM PAGE 1 OF 9 Haskell Real Estate Inc., 55 N 8th St Banning CA 92220 Phone: (951)809-1985 Fax:
Cierra Ornelas Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www lwolf com 1:s)
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146
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Premises: 146 N 4th St. Banning, CA 92220 Date: _12~/~19~'/=20~2~3 ____ _ C. Security deposit will not be returned until all Tenants have vacated the Premises and all keys returned. Any security deposit returned by check shall be made out to all Tenants named on this Agreement, or as subsequently modified.
D. No interest will be paid on security deposit unless required by local law.
E. If the security deposit is held by Owner, Tenant agrees not to hold Broker responsible for its return. If the security deposit is held in Owner's Broker's trust account, and Broker's authority is terminated before expiration of this Agreement, and security deposit is released to someone other than Tenant, then Broker shall notify Tenant, in writing, where and to whom security deposit has been released. Once Tenant has been provided such notice, Tenant agrees not to hold Broker responsible for the security deposit.
5. MOVE-IN COSTS RECEIVED/DUE: Move-in funds shall be paid by D personal check, D money order, D cashier's check, or Dwire/ electronic payment.
Category Total Due Payment Received Balance Due Due Date Payable To Rent from 02/01/2024
to 01/31/2026 {date) $32,400.00 $32,400.00 02/01/2024 Haskell Real Estate Inc. *Security Deposit $1,350.00 $1,350.00 02/01/2024 Haskell Real Estate Inc.
Other
Other
Total $33,750.00 $33,750.00 02/01/2024 Haskell Real Estate Inc. * The maximum amount of security deposit, however designated, cannot exceed two months' Rent for an unfurnished premises, or three months' Rent for a furnished premises, in addition to any rent for the first month paid on or before initial occupancy. This limitation does not prohibit the payment of "advance rent" of not less than six months' rent if the term of the lease is six months or longer.
6. LATE CHARGE; RETURNED CHECKS:
A. Tenant acknowledges either late payment of Rent or issuance of a returned check may cause Housing Provider to incur costs and expenses, the exact amounts of which are extremely difficult and impractical to determine. These costs may include, but are not limited to, processing, enforcement and accounting expenses, and late char~s imposed on Housing Provider. If any installment of Rent due from Tenant is not received by Housing Provider within 5 (or LJ ) calendar days after the date due, or if a check is returned, Tenant shall pay to Housing Provider, respectively, an additional sum of $35 plus 5% or ___ % of the Rent due as a Late Charge and $25.00 as a NSF fee for the first returned check and $35.00 as a NSF fee for each additional returned check, either or both of which shall be deemed additional Rent.
B. Housing Provider and Tenant agree that these charges represent a fair and reasonable estimate of the costs Housing Provider may incur by reason of Tenant's late or NSF payment. Any Late Charge or NSF fee due shall be paid with the current installment of Rent. Housing Provider's acceptance of any Late Charge or NSF fee shall not constitute a waiver as to any default of Tenant.
Housing Provider's right to collect a Late Charge or NSF fee shall neither be deemed an extension of the date Rent is due under paragraph 3 nor prevent Housing Provider from exercising any other rights and remedies under this Agreement and as provided by law.
7. PARKING: (Check A or B) 00 A. Parking is permitted as follows: ~~------------------------------- Alie
The right to parking Dis 00 is not included in the Rent charged pursuant to paragraph 3. If not included in the Rent, th~ parking rental fee shall be an additional $ _______ per month. Parking space(s) are to be used only for parking properly registered and operable motor vehicles, except for trailers, boats, campers, buses or trucks (other than pick-up trucks). Tenant shall park in assigned space(s) only. Parking space(s) are to be kept clean. Vehicles leaking oil, gas or other motor vehicle fluids shall not be parked on the Premises. Mechanical work, or storage of inoperable vehicles, or storage of any kind is not permitted in parking space(s) or elsewhere on the Premises except as specified in paragraph 8.
OR D B. Parking is not permitted on the real property of which the Premises is a part.
8. STORAGE: (Check A or B)
00 A. Storage is permitted as follows: Inside
The rig ht to separate storage spa-c~e'--'-T-O-'-rc-is-, ,...OO-,-,-is_n_ot,--, ..,..i n-c...,.I u-d..,..e_d.,...i,...n_,t.,...h-e-=R=--e-n...,.t _c.,...h-a-rg_e_,,d,...p_u_r-su_a_n...,.t...,.to_p_a-ra_g_r_a_p.,...h~3=--. ...,.1f~n-o_t...,.i-nc...,.l_u...,.de~d in the Rent, storage space fee shall be an additional $~--c--~~-...,. per month. Tenant shall store only personal property Tenant owns, and shall not store property claimed by another or in which another has any right, title or interest.
Tenant shall not store any improperly packaged food or perishable goods, flammable materials, explosives, hazardous waste or other inherently dangerous material, or illegal substances.
OR D B. Except for Tenant's personal property, contained entirely within the Premises, storage is not permitted on the Premises.
9. UTILITIES: Tenant agrees to pay for all utilities and services, and the following charges: all . except water , which shall be paid for by Housing Provider, or Das agreed on a separate addendum. If any utilities are not separately metered, Tenant shall pay Tenant's proportional share, as reasonably determined and directed by Housing Provider. If utilities are separately metered, Tenant shall place utilities in Tenant's name as of the Commencement Date. Housing Provider is only responsible for installing and maintaining one usable telephone jack and one telephone line to the Premises. Tenant shall pay any cost for conversion from existing utilities service provider.
D A. Water Submeters: Water use on the Premises is measured by a submeter and Tenant will be separately billed for water usage based on the submeter. See attached Water Submeter Addendum (C.A.R. Form WSM) for additional terms. 0 B. Gas Meter: The Premises does not have a separate gas meter.
D C. Electric Meter: The Premises does not have a separate electrical meter.
10. CONDITION OF PREMISES: Tenant has examined Premises and, if any, all furniture, furnishings, appliances, landscaping and fixtures, including smoke alarm(s) and carbon monoxide detector(s). _{fheck all that apply:)
LJ A. Tenant's acknowledgment of the condition of these items is contained in an attached statement of condition (C.A.R. Form MIi).
Tenant's Initials ___ Housing Providers Initials
RLMM REVISED 6/23 (PAGE 2 OF 9)
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (RLMM PAGE 2 OF 9) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www lwolf com 146 G:t tQUA~ ,mus1r..rc;
oPPClRTLINITV
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Premises: 146 N 4th St, Banning, CA 92220 Date: -'-1=21-'-1=5/=2=02=3'------ D B. (i) Housing Provider will Deliver to Tenant a statement of condition (C.A.R. Form MIi) within 3 days after execution of this Agreement; D prior to the Commencement Date; D within 3 days after the Commencement Date. (ii) Tenant shall complete and return the MIi to Housing Provider within 3 (or D __J days after Delivery. Tenant's failure to return the MIi within that time shall conclusively be deemed Tenant's Acknowledgement of the condition as stated in the MIi. D C. Tenant will provide Housing Provider a list of items that are damaged or not in operable condition within 3 (or D _) days after Commencement Date, not as a contingency of this Agreement but rather as an acknowledgment of the condition of the Premises.
[xi D. Other: Tenant shall provide Haskell's with a list of items in non-operable condition within 14 days of move in.
11. MAINTENANCE USE AND REPORTING:
A. Tenant shall properly use, operate and safeguard Premises, including if applicable, any landscaping, furniture, furnishings and appliances, and all mechanical, electrical, gas and plumbing fixtures, carbon monoxide detector(s) and smoke alarms, and keep them and the Premises clean, sanitary and well ventilated. Tenant shall be responsible for any additional phone lines beyond the one line and jack that Housing Provider shall provide and maintain. Tenant shall replace any burned out or malfunctioning light bulbs. Tenant shall immediately notify Housing Provider, in writing, of any problem, malfunction or damage with any item including carbon monoxide detector(s) and smoke alarms on the property. Tenant shall be charged for all repairs or replacements caused by Tenant, pets, guests or licensees of Tenant, excluding ordinary wear and tear. Tenant shall be charged for all damage to Premises as a result of failure to report a problem in a timely manner. Tenant shall be charged for repair of drain blockages or stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines.
B. [xi Housing Provider D Tenant shall water the garden, landscaping, trees and shrubs, except: ___________ _ C. [xi Housing Provider D Tenant shall maintain the garden, landscaping, trees and shrubs, except:
D. D Housing Provider IKI Tenant shall maintain Area around unit! porch .
E. Housing Provider and Tenant agree that State or local water use restrictions shall supersede any obligation of Housing Provider or Tenant to water or maintain any garden, landscaping, trees or shrubs pursuant to paragraphs 11 B, 11 C, and 11 D.
F. Tenant's failure to maintain any item for which Tenant is responsible shall give Housing Provider the right to hire someone to perform such maintenance and charge Tenant to cover the cost of such maintenance.
G. The following items of personal property are included in the Premises without warranty and Housing Provider will not maintain, repair or replace them: All items listed in paragraph C .
H. Tenant understands that if Premises is located in a Common Interest Development, Housing Provider may not have authority or control over certain parts of the Premises such as roof, electrical, gas or plumbing features inside certain walls, and common areas such as landscaping, shared parking structure or garage.
I. Tenant shall not use the premises to plant, grow, cultivate or sell marijuana.
12. NEIGHBORHOOD CONDITIONS: Tenant is advised to satisfy himself or herself as to neighborhood or area conditions, including, but not limited to, schools, proximity and adequacy of law enforcement, crime statistics, proximity of registered felons or offenders, fire protection, other governmental services, availability, adequacy and cost of any wired, wireless internet connections or other telecommunications or other technology services and installations, proximity to commercial, industrial or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, wild and domestic animals, other nuisances, hazards, or circumstances, cemeteries, facilities and condition of common areas, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Tenant.
13. ANIMALS: Unless otherwise provided in California Civil Code § 54.2, or other law, no animal or pet shall be kept on or about the Premises without Housing Provider's prior written consent, D except as agreed to in the attached Animal Terms and Conditions Addendum (C.A.R. Form ATCA).
14. SMOKING:
A. (i) Tenant is responsible for all damage caused by smoking including, but not limited to stains, burns, odors and removal of debris; (ii) Tenant acknowledges that in order to remove odor caused by smoking, Housing Provider may need to replace carpet and drapes and paint the entire premises regardless of when these items were last cleaned, replaced or repainted.
Such actions and other necessary steps will impact the return of any security deposit.
B. The Premises or common areas may be subject to a local non-smoking ordinance.
C. NO SMOKING of any substance is allowed on the Premises or common areas. If smoking does occur on the Premises or common areas, (i) Tenant is in material breach of this Agreement; (ii) Tenant, guests, and all others may be required to leave the Premises. D Smoking of the following substances only is allowed: ___________________ .
15. RULES/REGULATIONS:
A. Tenant agrees to comply with all Housing Provider rules and regulations that are at any time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests, invitees and licensees of Tenant shall not, disturb, annoy, endanger or interfere with other tenants of the building or neighbors, or use the Premises for any unlawful purposes, under federal, state or local law including, but not limited to, using, manufacturing, selling, storing or transporting illicit drugs or other contraband, or violate any law or ordinance, or commit a waste or nuisance on or about the Premises.
B. .{!! applicable, check one)
LJ (1) Housing Provider shall provide Tenant with a copy of the rules and regulations within __ days or _____ _ OR D (2) Tenant has been provided with, and acknowledges receipt of, a copy of the rules and regulations.
16. 0 (If checked) CONDOMINIUM; PLANNED UNIT DEVELOPMENT:
A. The Premises are a unit in a condominium, planned unit development, common interest subdivision or other development governed by a homeowners' association ("HOA"). The name of the HOA is .,..-,---......,..--,,-------=-,--:------,--,--,....,..-....,,.-c~ .
Tenant agrees to comply with all HOA covenants, conditions and restrictions, bylaws, rules and regulations and decisions ("HOA Rules"). Tenant shall reimburse Housing Provider for any fines or charges imposed by HOA or other authorities, due to any violation by Tenant, or the guests or licensees of Tenant or Housing Provider shall have the right to deduct such amounts from the security deposit.
Tenant's Initials ___ Housing Providers Initials
RLMM REVISED 6/23 (PAGE 3 OF 9)
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (RLMM PAGE 3 OF 9) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 146 1044
Premises: 146 N 4th St, Banning, CA 92220 Date: ~12=!~15=1=20=2=3~---- B. If applicable, Tenant is required to pay a fee to the HOA to gain access to certain areas within the development such as but not necessarily including or limited to the front gate, pool, and recreational facilities. If not specified in paragraph 5, Tenant is solely responsible for payment and satisfying any HOA requirements prior to or upon or after the Commencement Date.
C. Bheck one) (1) Housing Provider shall provide Tenant with a copy of the HOA Rules within days or OR (2) Tenant has been provided with, and acknowledges receipt of, a copy of the HOA Rules. ---------
17. AL TERA TIONS; REPAIRS: Unless otherwise specified by law or paragraph 25C, without Housing Provider's prior written consent, (i) Tenant shall not make any repairs, alterations or improvements in or about the Premises including: painting, wallpapering, adding or changing locks, installing antenna or satellite dish(es), placing signs, displays or exhibits, or using screws, fastening devices, large nails or adhesive materials; (ii) Housing Provider shall not be responsible for the costs of alterations or repairs made by Tenant; (iii) Tenant shall not deduct from Rent the costs of any repairs, alterations or improvements; and (iv) any deduction made by Tenant shall be considered unpaid Rent.
18. KEYS; LOCKS:
A. Tenant acknowledges receipt of (or Tenant will receive D prior to the Commencement Date, or D )· 002 kev(s) to Premises, n remote control device(s) for qaraqe door/qate opener(s), □ key(s) to mailbox, □ ,
□ key(s) to common area(s), □ ,
B. Tenant acknowledges that locks to the Premises IKJhave, D have not, been re-keyed.
C. If Tenant re-keys existing locks or opening devices, Tenant shall immediately deliver copies of all keys to Housing Provider.
Tenant shall pay all costs and charges related to loss of any keys or opening devices. Tenantmay not remove locks, even if installed by Tenant.
19. ENTRY:
A. Tenant shall make Premises available to Housing Provider or Housing Provider's representative for the purpose of entering to make necessary or agreed repairs (including, but not limited to, installing, repairing, testing, and maintaining smoke detectors and carbon monoxide devices, and bracing, anchoring or strapping water heaters, or repairing dilapidation relating to the presence of mold), decorations, alterations, or improvements; or supplying necessary or agreed services; or to show Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, contractors and others (collectively "Interested Persons"). Tenant agrees that Housing Provider, Broker and Interested Persons may take photos of the Premises.
B. Housing Provider and Tenant agree that 24-hour written notice shall be reasonable and sufficient notice, except as follows:
(1) 48-hour written notice is required to conduct an inspection of the Premises prior to the Tenant moving out, unless the Tenant waives the right to such notice.
(2) If Housing Provider has in writing informed Tenant that the Premises are for sale and that Tenant will be notified orally to show the premises (CAR. Form NSE), then, for the next 120 days following the delivery of the NSE, notice may be given orally to show the Premises to actual or prospective purchasers. (3) No written notice is required if Housing Provider and Tenant orally agree to an entry for agreed services or repairs if the date and time of entry are within one week of the oral agreement. (4) No notice is required: (i) to enter in case of an emergency; (ii) if the Tenant is present and consents at the time of entry; or (iii) if the Tenant has abandoned or surrendered the Premises.
C. D (If checked) Tenant authorizes the use of a keysafe/lockbox to allow entry into the Premises and agrees to sign a keysafe/ lockbox addendum (CAR. Form KLA).
20. PHOTOGRAPHS AND INTERNET ADVERTISING:
A. In order to effectively market the Premises for sale or rental it is often necessary to provide photographs, virtual tours and other media to Interested Persons. Tenant agrees that Broker may photograph or otherwise electronically capture images of the exterior and interior of the Premises ("Images") for static and/or virtual tours of the Premises by Interested Persons for use on Broker's website, the MLS, and other marketing materials and sites. Tenant acknowledges that once Images are placed on the Internet neither Broker nor Housing Provider has control over who can view such Images and what use viewers may make of the Images, or how long such Images may remain available on the Internet. Tenant is advised to store or otherwise remove from view, anything of a personal nature which Tenant would not want to appear in any Images, including but not limited to, family photos, documents, or other valuables.
B. Tenant acknowledges that prospective Interested Persons coming onto the Premises may take photographs, videos or other images of the Premises. Tenant understands that Broker does not have the ability to control or block the taking and use of Images by any such persons. Once Images are taken and/or put into electronic display on the Internet or otherwise, neither Broker nor Housing Provider has control over who views such Images nor what use viewers may make of the Images.
21. SIGNS: Tenant authorizes Housing Provider to place FOR SALE/LEASE signs on the Premises.
22. ASSIGNMENT; SUBLETTING:
A. Tenant shall not sublet all or any part of Premises, or parking or storage spaces, or assign or transfer this Agreement or any interest in it, without Housing Provider's prior written consent. Unless such consent is obtained, any assignment, transfer or subletting of Premises or this Agreement or tenancy, by voluntary act of Tenant, operation of law or otherwise, shall, at the option of Housing Provider, terminate this Agreement. Any proposed assignee, transferee or sublessee shall submit to Housing Provider an application and credit information for Housing Provider's approval and, if approved, sign a separate written agreement with Housing Provider and Tenant. Housing Provider's consent to any one assignment, transfer or sublease, shall not be construed as consent to any subsequent assignment, transfer or sublease and does not release Tenant of Tenant's obligations under this Agreement.
B. This prohibition also applies □ does not apply) to short term, vacation, and transient rentals such as, but not limited to, those arranged through AirBnB, VRBO, HomeAway or other short term rental services.
C. Any violation of this prohibition is a non-curable, material breach of this Agreement.
23. JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Tenant, each one shall be individually and completely responsible for the performance of all obligations of Tenant under this Agreement, jointly with every other Tenant, and individually, whether or not in possession.
Tenant's Initials ___ Housing Providers Initials
RLMM REVISED 6/23 (PAGE 4 OF 9)
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (RLMM PAGE 4 OF 9) Produced with Lone Wolf Transactions (zipform Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolt.com 146 1045
Premises: 146 N 4th St, Banning, CA 92220 Date: ~12/~1=51.='20=2=3~----
24. POSSESSION:
A. (1) Tenant is not in possession of the Premises. If Housing Provider is unable to deliver possession of Premises on Commencement Date, such Date shall be extended to the date on which possession is made available to Tenant. If Housing Provider is unable to deliver possession within 5 (or □--- ) calendar days after agreed Commencement Date, Tenant may terminate this Agreement by giving written notice to Housing Provider, and shall be refunded all Rent and security deposit paid.
OR @ Possession is deemed terminated when Tenant has returned all keys to the Premises to Housing Provider.
B. LJ Tenant is already in possession of the Premises.
25. TENANT'S OBLIGATIONS UPON VACATING PREMISES:
A. Upon termination of this Agreement, Tenant shall: (i) give Housing Provider all copies of all keys and any opening devices to Premises, including any common areas; (ii) vacate and surrender Premises to Housing Provider, empty of all persons; and personal property belonging to Tenant (iii) vacate any/all parking and/or storage space; (iv) clean and deliver Premises, as specified in paragraph C below, to Housing Provider in the same condition as referenced in paragraph 10; (v) remove all debris; (vi) give written notice to Housing Provider of Tenant's forwarding address; and (vii) ___________ _ B. All alterations/improvements made by or caused to be made by Tenant, with or without Housing Provider's consent, become the property of Housing Provider upon termination. Housing Provider may charge Tenant for restoration of the Premises to the condition it was in prior to any alterations/improvements.
C. Right to Pre-Move-Out Inspection and Repairs: (i) After giving or receiving notice of termination of a tenancy (C.A.R. Form NTT), or before the expiration of this Agreement, Tenant has the right to request that an inspection of the Premises take place prior to termination (C.A.R. Form NRI). If Tenant requests such an inspection, Tenant shall be given an opportunity to remedy identified deficiencies prior to termination, consistent with the terms of this Agreement. (ii) Any repairs or alterations made to the Premises as a result of this inspection (collectively, "Repairs") shall be made at Tenant's expense. Repairs may be performed by Tenant or through others, who have adequate insurance and licenses and are approved by Housing Provider. The work shall comply with applicable law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. It is understood that exact restoration of appearance or cosmetic items following all Repairs may not be possible. (iii) Tenant shall: (a) obtain receipts for Repairs performed by others; (b) prepare a written statement indicating the Repairs performed by Tenant and the date of such Repairs; and (c) provide copies of receipts and statements to Housing Provider prior to termination. Paragraph 25C does not apply when the tenancy is terminated pursuant to California Code of Civil Procedure§ 1161(2), (3), or (4).
26. BREACH OF CONTRACT; EARLY TERMINATION: In addition to any obligations established by paragraph 25, in the event of termination by Tenant prior to completion of the original term of the Agreement or any extension, Tenant shall also be responsible for lost Rent, rental commissions, advertising expenses and painting costs necessary to ready Premises for re-rental. Housing Provider may withhold any such amounts from Tenant's security deposit.
27. TEMPORARY RELOCATION: Subject to local law, Tenant agrees, upon demand of Housing Provider, to temporarily vacate Premises for a reasonable period, to allow for fumigation (or other methods) to control wood destroying pests or organisms, or other repairs to Premises. Tenant agrees to comply with all instructions and requirements necessary to prepare Premises to accommodate pest control, fumigation or other work, including bagging or storage of food and medicine, and removal of perishables and valuables.
Tenant shall only be entitled to a credit of Rent equal to the per diem Rent for the period of time Tenant is required to vacate Premises.
28. DAMAGE TO PREMISES: If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other casualty that render Premises totally or partially uninhabitable, either Housing Provider or Tenant may terminate this Agreement by giving the other written notice. Rent shall be abated as of the date Premises become totally or partially uninhabitable.
The abated amount shall be the current monthly Rent prorated on a 30-day period. If the Agreement is not terminated, Housing Provider shall promptly repair the damage, and Rent shall be reduced based on the extent to which the damage interferes with Tenant's reasonable use of Premises. If damage occurs as a result of an act of Tenant or Tenant's guests, only Housing Provider shall have the right of termination, and no reduction in Rent shall be made.
29. INSURANCE:
A. Tenant's, guest's, invitees or licensee's personal property and vehicles are not insured by Housing Provider, manager or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Tenant is advised to carry Tenant's own insurance (renter's insurance) to protect Tenant from any such loss or damage.
B. Tenant shall comply with any requirement imposed on Tenant by Housing Provider's insurer to avoid: (i) an increase in Housing Provider's insurance premium (or Tenant shall pay for the increase in premium); or (ii) loss of insurance.
C. Tenant shall obtain liability insurance, in an amount not less than$--:-----:------.,.,----=' naming Housing Provider and, if applicable, Property Manager as additional insured for injury or damage to, or upon, the Premises during the term of this agreement or any extension. Tenant shall provide Housing Provider a copy of the insurance policy before commencement of this Agreement, and a rider prior to any renewal.
30. WATERBEDS/PORTABLE WASHERS: Tenant shall not use or have waterbeds on the Premises unless: (i) Tenant obtains a valid waterbed insurance policy; (ii) Tenant increases the security deposit in an amount equal to one-half of one month's Rent; and (iii) the bed conforms to the floor load capacity of Premises. Tenant shall not use on the Premises D Portable Dishwasher D Portable Washing Machine.
31. WAIVER: The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach. 32 NOTICE: Notices may be served at the following address, or at any other location subsequently designated:
Housing Provider: Dr. Ahsan Qazi Tenant: ~C~ity~o=f~B~a=n~n~,~·n-g~------------ c/o Haskell Real Estate Inc. 55 N 8th St ~14~6~N~4~th~S~t _______________ _ Banning, CA 92220 =B~a~n=m=·n_g~, ~C~A~9=2=2=20~-------------
33. TENANT ESTOPPEL CERTIFICATE: Tenant shall execute and return a tenant estoppel certificate delivered to Tenant by Housing Provider or Housing Provider's agent within 3 days after its receipt (C.A.R. Form TEC). Failure to comply with this requirement shall be deemed Tenant's acknowledgment that the tenant estoppel certificate is true and correct, and may be relied upon by a lender or purchaser.
Tenant's Initials
RLMM REVISED 6/23 (PAGE 5 OF 9) ___ Housing Providers Initials RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (RLMM PAGE 5 OF 9) Produced with Lone WoWTransactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 146 €t
EQUAl.MCU51NG
CP!>ORT\JN!TV
1046
Premises: 146 N 4th St, Banning, CA 92220 Date: ~12=1~15~:/.='20~2=3 ___ _
34. REPRESENTATION
A. TENANT REPRESENTATION; OBLIGATIONS REGARDING OCCUPANTS; CREDIT: Tenant warrants that all statements in Tenant's rental application are accurate. Housing Provider requires all occupants 18 years of age or older and all emancipated minors to complete a lease rental application. Tenant acknowledges this requirement and agrees to notify Housing Provider when any occupant of the Premises reaches the age of 18 or becomes an emancipated minor. Tenant authorizes Housing Provider and Broker(s) to obtain Tenant's credit during the tenancy in connection with a modification of this Agreement. Before occupancy begins, Housing Provider may cancel this Agreement upon disapproval of the credit report(s) or upon discovering that information in Tenant's application is false. During the tenancy, Housing Provider may reject any such modification upon disapproval of the credit report(s) obtained in connection with the modification. A negative credit report reflecting on Tenant's record may be submitted to a credit reporting agency if Tenant fails to fulfill the terms of payment and other obligations under this Agreement.
B. HOUSING PROVIDER REPRESENTATIONS: Housing Provider warrants that, unless otherwise specified in writing, Housing Provider is unaware of (i) any recorded Notices of Default affecting the Premise; (ii) any delinquent amounts due under any loan secured by the Premises; and (iii) any bankruptcy proceeding affecting the Premises.
35. MEDIATION:
A. Consistent with paragraphs B and C below, Housing Provider and Tenant agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to court action. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action.
B. The following matters are excluded from mediation: (i) an unlawful detainer action; (ii) the filing or enforcement of a mechanic's lien; and (iii) any matter within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver of the mediation provision.
C. Housing Provider and Tenant agree to mediate disputes or claims involving Listing Agent, Leasing Agent or property manager ("Broker"), provided Broker shall have agreed to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to such Broker. Any election by Broker to participate in mediation shall not result in Broker being deemed a party to this Agreement.
36. ATTORNEY FEES: In any action or proceeding arising out of this Agreement, the prevailing party between Housing Provider and Tenant shall be entitled to reasonable attorney fees and costs collectively not to exceed $1,000 (or$ ______ ~, except as provided in paragraph 35A.
37. C.A.R. FORM: C.A.R. Form means the specific form referenced or another comparable form agreed to by the parties.
38. DISCLOSURES:
A. !Kl MOLD AND DAMPNESS: Exposure to mold may have potential health risks. Tenant acknowledges receipt of the attached booklet titled, "Information on Dampness and Mold for Renters in California" before signing this Residential Lease or Month-toMonth Rental Agreement.
B. PERIODIC PEST CONTROL: D Premises is a house. Tenant is responsible for periodic pest control treatment.
C. BED BUGS: Housing Provider has no knowledge of any infestation in the Premises by bed bugs. See attached Bed Bug Disclosure (C.A.R. Form BBD) for further information. Tenant shall report suspected bed bug infestation to Housing Provider or, if applicable, property manager and cooperate with any inspection for and treatment of bed bugs. Housing Provider will notify tenants of any units infested by bed bugs.
D. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to § 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. (Neither Housing Provider nor Brokers, if any, are required to check this website. If Tenant wants further information, Tenant should obtain information directly from this website.)
E. 0 RESIDENTIAL ENVIRONMENTAL HAZARDS BOOKLET: Tenant acknowledges receipt of the residential environmental hazards booklet.
F. FLOOD HAZARD DISCLOSURE: Flooding has the potential to cause significant damage to personal property owned by Tenant. See attached Tenant Flood Hazard Disclosure (C.A.R. Form TFHD) for additional information.
G. OTHER MATERIAL FACTS: ___________________________ _
H. ADDITIONAL DISCLOSURES: RPO shall make additional disclosures regarding the following matters on the attached Rental Property Owner Disclosure (CAR. Form RPOD): Lead-based Paint; Methamphetamine Contamination; Periodic Pest Control Contracts; Water Submeters; Mold; Asbestos; Homeowners Associations/Condominiums/Planned Developments; Military Ordnance Locations; Death on the Premises.
39. SERVICEMEMBERS CIVIL RELIEF ACT: Notwithstanding anything to the contrary in paragraphs 2, 4, 26 or elsewhere in this Agreement, the Servicemembers Civil Relief Act applies to this Agreement and any effort to terminate it, as specified in §§ 3951 and 3955 of the Act.
40. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the parties are incorporated in this Agreement. Its terms are intended by the parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed except in writing. This Agreement is subject to California Housing Provider-tenant law and shall incorporate all changes required by amendment or successors to such law. This Agreement and any supplement, addendum or modification, including any copy, may be signed in two or more counterparts, all of which shall constitute one and the same writing.
Tenant's Initials ___ Housing Providers Initials
RLMM REVISED 6/23 (PAGE 6 OF 9)
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (RLMM PAGE 6 OF 9) Produced with Lone Woff Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www lwoif com 146 ~ EOUALHOUSINC;
OPPORTUNITY
1047
Premises: 146 N 4th St, Banning, CA 92220 Date: -'-'12=/-'-'15"'-/::.:20=-=2=3 ___ _
41. AGENCY:
A. CONFIRMATION: The following agency relationship(s) are hereby confirmed for this transaction:
Housing Provider's Brokerage Firm Haskell Real Estate Inc. License Number 00523943 Is the broker of (check one): lxl the Housing Provider; or LJ both the Tenant and Housing Provider (Dual Agent).
Housing Provider's Agent Cierra Ornelas License Number 02126283 Is (check one): [Kjthe Housing Provider's Agent. (salesperson or broker associate); or Oboth the Tenant's and Housing Provider's Agent (Dual Agent).
Tenant's Brokerage Firm~~-----~------------- License Number ______ _ Is the broker of (check one): LJ the Tenant; or LJ both the Tenant and Housing Provider. (Dual Agent).
Tenant's Agent~---------------------.--,---- License Number ______ _ Is (check one): 0 the Tenant's Agent. (salesperson or broker associate); or LJ both the Tenant's and Housing Provider's Agent (Dual Agent).
B. DISCLOSURE: D (If checked}: The term of this Agreement exceeds one year. A disclosure regarding real estate agency relationships (C.A.R. Form AD) has been provided to Housing Provider and Tenant, who each acknowledge its receipt.
C. TERMINATION OF AGENCY RELATIONSHIP:
(1) Housing Provider and Tenant acknowledges and agrees that unless Broker is the property manager, or as specified in (2) below, once Housing Provider and Tenant enter into this Agreement, (i) Broker will not represent Owner in any manner regarding the management of the Premises; and (ii) Any representation duties that Broker may owe to, and any agency relationship that Broker may have with, either Housing Provider or Tenant, is terminated. (2) Notwithstanding paragraph 41C(1), Broker duties and responsibilities to either Housing Provider or Tenant will terminate upon the last to occur of the following (choose all that apply): D Tenant occupancy, LJ Delivering to Tenant keys or other means of entering the Premises, D Tenant walkthrough, LJ Completion of Move In Inspection (C.A.R. Form MIi).
42. D TENANT COMPENSATION TO BROKER: Upon execution of this Agreement, Tenant agrees to pay compensation to Broker as specified in a separate written agreement between Tenant and Broker.
43. NOTICE OF RIGHT TO RECEIVE FOREIGN LANGUAGE TRANSLATION OF LEASE/RENTAL AGREEMENTS: California Civil Code requires a Housing Provider or property manager to provide a tenant with a foreign language translation copy of a lease or rental agreement if the agreement was negotiated primarily in Spanish, Chinese, Korean, Tagalog or Vietnamese. If applicable, every term of the lease/rental needs to be translated except for, among others, names, dollar amounts and dates written as numerals, and words with no generally accepted non-English translation.
44. OWNER COMPENSATION TO BROKER: Upon execution of this Agreement, Owner agrees to pay compensation to Broker as specified in a separate written agreement between Owner and Broker (C.A.R. Form LL or LCA).
45. RECEIPT: If specified in paragraph 5, Housing Provider or Broker, acknowledges receipt of move-in funds.
46. OTHER TERMS AND CONDITIONS; If checked, the following ATTACHED documents are incorporated in this Agreement:
LJ Keysafe/Lockbox Addendum (C.A.R. Form KLA); [xj Lead-Based Paint and Lead-Based Paint Hazards Disclosure (C.A.R. Form LPD); lxj Lease/Rental Mold and Ventilation Addendum (CAR. Form LRM); 0 Housing Provider in Default Addendum (C.A.R. Form HPID); LJ Parking and Storage Disclosure (CAR. Form PSD); lxJ Bed Bug Disclosure (C.A.R. Form BBD); Ix! Tenant Flood Hazard Disclosure (CAR. Form TFHD); Ix! Rent Cap and Just Cause Addendum (CAR. Form RCJC) LJ Other Documents/Addenda:---------------------------------- LJ Other Terms:---------------------------------------
47. LEGALLY AUTHORIZED SIGNER: Wherever the signature or initials of the Legally Authorized Signer identified in paragraphs 50 or 51 appear on this Agreement or any related documents, it shall be deemed to be in a representative capacity for the entity described and not in an individual capacity, unless otherwise indicated. The Legally Authorized Signer (i) represents that the entity for which that person is acting already exists and is in good standing to do business in California, and (ii) shall Deliver to the other Party, upon request, evidence of authority to act in that capacity (such as but not limited to: applicable portion of the trust or Certification Of Trust (Probate Code § 18100.5), letters testamentary, court order, power of attorney, corporate resolution, or formation documents of the business entity).
48. LJ INTERPRETER/TRANSLATOR: The terms of this Agreement have been interpreted for Tenant into the following language:
_________________ . Housing Provider and Tenant acknowledge receipt of the attached interpreter/ translator agreement (CAR. Form ITA).
49. The Premises is being managed by Owner, (or, if checked):
LJ Housing Provider's Brokerage Firm in Real Estate Brokerage section D Tenant's Brokerage Firm in Real Estate Brokers section lxl Property Management firm immediately below
Real Estate Broker (Property Manager) Haskell Real Estate Inc. DRE Lie# _0_05_2_3_9~4_3 ___ _ (Agent) Cierra Ornelas DRE Lie# 02126283
------- Address 55 N 8th St Banning, CA 92220 Telephone# (951)849-4521 Housing Provider and Tenant acknowledge and agree Brokers: (a) do not guarantee the condition of the Premises; (b) cannot verify representations made by others; (c) cannot provide legal or tax advice; (d) will not provide other advice or information that exceeds the knowledge, education or experience required to obtain a real estate license. Furthermore, if Brokers are not also acting as Housing Provider in this Agreement, Brokers: (e) do not decide what rental rate a Tenant should pay or Housing Provider should accept; and (f) do not decide upon the length or other terms of this Agreement. Housing Provider and Tenant agree that they will seek legal, tax, insurance and other desired assistance from appropriate professionals.
Tenant's Initials ___ Housing Providers Initials
RLMM REVISED 6/23 (PAGE 7 OF 9)
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (RLMM PAGE 7 OF 9) Produced with Lone Woff Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www,lwo/f.com 146 1048
Premises: 146 N 4th St, Banning, CA 92220 Date: 12/15/2023
50. Tenant agrees to rent the Premises on the above terms and conditions.
A. D ENTITY TENANT: (Note: If this paragraph is completed, a Representative Capacity Signature Disclosure (C.A.R. Form RCSD) is not required for the Legally Authorized Signers designated below.) (1) One or more Tenant is a trust, corporation, LLC, probate estate, partnership, holding a power of attorney or other entity. (2) This Agreement is being Signed by a Legally Authorized Signer in a representative capacity and not for him/herself as an individual. See paragraph 47 for additional terms.
(3) The name(s) of the Legally Authorized Signer(s) is: _____________________ _ (4) If a trust, identify Tenant as trustee(s) of the trust or by simplified trust name (ex. John Doe, co-trustee, Jane Doe, co-trustee or Doe Revocable Family Trust).
(5) If the entity is a trust or under probate, the following is the full name of the trust or probate case, including case#: ___ _ B. TENANT SIGNATURE(S):
(Signature) By, _____________________________ Date: ______ _ Printed name of Tenant: -=C..:..:ity:.<....:o:..:.f-=B:..::a'""n""'n:.:..:in~gz.._ ___________________________ _ D Printed Name of Legally Authorized Signer: ______________ Title, if applicable, ______ _ Address 146 N 4th St City Banning State CA Zip _92_2_20 __ _ Telephone (951)849-4521 Text ________ E-mail [email protected] (Signature) By, _______________________________ Date: ______ _ Printed name of Tenant: ----------------------------------- □ Printed Name of Legally Authorized Signer: ______________ Title, if applicable, _____ _ Address ___________________ City State __ Zip ____ _
Telephone ________ Text ________ E-mail __________________ _ 0 IF MORE THAN TWO SIGNERS, USE Additional Signature Addendum (C.A.R. Form ASA).
D GUARANTEE: In consideration of the execution of this Agreement by and between Housing Provider and Tenant and for valuable consideration, receipt of which is hereby acknowledged, the undersigned ("Guarantor'') does hereby: (i) guarantee unconditionally to Housing Provider and Housing Provider's agents, successors and assigns, the prompt payment of Rent or other sums that become due pursuant to this Agreement, including any and all court costs and attorney fees included in enforcing the Agreement; (ii) consent to any changes, modifications or alterations of any term in this Agreement agreed to by Housing Provider and Tenant; and (iii) waive any right to require Housing Provider and/or Housing Provider's agents to proceed against Tenant for any default occurring under this Agreement before seeking to enforce this Guarantee.
Guarantor (Print Name) __________________________________ _ Guarantor _____________________________ Date ________ _ Address City State __ Zip ____ _
Telephone ________ Text ________ E-mail ___________________ _
51. Housing Provider (owner or D agent for owner) agrees to rent the Premises on the above terms and conditions.
A. D ENTITY HOUSING PROVIDER: (Note: If this paragraph is completed, a Representative Capacity Signature Disclosure (C.A.R. Form RCSD) is not required for the Legally Authorized Signers designated below.) (1) One or more Housing Provider is a trust, corporation, LLC, probate estate, partnership, holding a power of attorney or other entity.
(2) This Agreement is being Signed by a Legally Authorized Signer in a representative capacity and not for him/herself as an individual capacity. See paragraph 47 for additional terms. (3) The name(s) of the Legally Authorized Signer(s) is: _____________________ _ (4) If a trust, identify Housing Provider as trustee(s) of the trust or by simplified trust name (ex. John Doe, co-trustee, Jane Doe, co-trustee or Doe Revocable Family Trust).
(5) If the entity is a trust or under probate, the following is the full name of the trust or probate case, including case#: ___ _ B. HOUSING PROVIDER SIGNATURE(S):
(Signature) By, ______________________________ Date: ______ _ Printed name of Housing Provider: =D~r-~A~h~s~a=n~Q=a=z,~· ________________________ _ D Printed Name of Legally Authorized Signer: ______________ Title, if applicable, ______ _ Address 55 N 8th St City Banning State CA Zip ~92~2~2_0 __ _ Telephone (951)849-4521 Text ________ E-mail cierraorne/[email protected] (Signature) By, Date: ______ _
Printed name of Housing Provider: ______________________________ _ D Printed Name of Legally Authorized Signer: ______________ Title, if applicable, ______ _ Address ___________________ City State __ Zip ____ _
Telephone ________ Text ________ E-mail __________________ _ 0 IF MORE THAN TWO SIGNERS, USE Additional Signature Addendum (C.A.R. Form ASA).
RLMM REVISED 6/23 (PAGE 8 OF 9)
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (RLMM PAGE 8 OF 9) Produced with Lone Woff Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www lwolf com 146 €t
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Premises: 146 N 4th St, Banning. CA 92220 Date: 12115/2023 REAL ESTATE BROKERS:
A. Real estate brokers who are not also Housing Provider under this Agreement are not parties to the Agreement between Housing Provider and Tenant.
B. Agency relationships are confirmed in paragraph 41.
C. COOPERATING BROKER COMPENSATION: Listing Broker agrees to pay Cooperating Broker (Leasing Firm) and Cooperating Broker agrees to accept: (i) the amount specified in the MLS, provided Cooperating Broker is a Participant of the MLS in which the Property is offered for sale or lease or a reciprocal MLS; or (ii) 0 (if checked) the amount specified in a separate written agreement between Listing Broker and Cooperating Broker.
Tenant's Brokerage Firm ____________________________ DRE Lie.# ______ _ By (Agent) DRE Lie.# _____ Date ____ _
Address __________________ City _____________ State __ Zip ____ _ Telephone _________ Text _________ E-mail _____________________ _ Housing Provider's Brokerage Firm :..:Hc.:a=-sk'-'-e=la...l =-=R.=.e=a/=--=E~s::..:t:=a""'te::..;l""'n'-=ca.... _____________ DRE Lie. # 00523943 By (Agent) Cierra Ornelas DRE Lie. # 02126283 Date ____ _ Address 55 N 8th St City Banning State~ Zip -=-9=22=2=-=0:__ __ Telephone (951)849-4521 Text _________ E-mail cierraorne/[email protected] © 2023, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REAL TORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REAL TORS®. It is not intended to identify the user as a REAL TOR®. REAL TOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REAL TORS® who subscribe to its Code of Ethics. IJ Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOC/AT/ON OF REAL TORS® _ 525 South Virgil Avenue, Los Angeles, California 90020 RLMM REVISED 6/23 (PAGE 9 OF 9)
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (RLMM PAGE 9 OF 9) Produced with Lone Wolf Transactions (zlpForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.(wolf com 146 1050
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BED BUG DISCLOSURE
California Civil Code §1954.603
(C.A.R. Form BBD, Revised 6/23)
The following terms and conditions are hereby incorporated in and made a part of the Residential Lease or Month-to-Month Rental Agreement, OR D Residential Lease After Sale, 0 Other _____________________ ("Agreement"), dated 01/15/2024 , on property known as _14_6~N_4_th~S~t,_B_a_n_n~in~g~,_C_A~9_22_2_0 _________________ _ in which ________________ C_it~y_o_f_B_a_n_n_i_n_g _______________ is referred to as "Tenant" and Dr. Ahsan Qazi is referred to as "Housing Provider''.
INFORMATION ABOUT BED BUGS:
1. Bed Bug Appearance: Bed bugs have six legs. Adult bed bugs have flat bodies about 1/4 of an inch in length. Their color can vary from red and brown to copper colored. Young bed bugs are very small. Their bodies are about 1/16 of an inch in length. They have almost no color. When a bed bug feeds, its body swells, may lengthen, and becomes bright red, sometimes making it appear to be a different insect. Bed bugs do not fly. They can either crawl or be carried from place to place on objects, people, or animals. Bed bugs can be hard to find and identify because they are tiny and try to stay hidden.
2. Life Cycle and Reproduction: An average bed bug lives for about 10 months. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days.
3. Bed bugs can survive for months without feeding.
4. Bed Bug Bites: Because bed bugs usually feed at night, most people are bitten in their sleep and do not realize they were bitten.
A person's reaction to insect bites is an immune response and so varies from person to person. Sometimes the red welts caused by the bites will not be noticed until many days after a person was bitten, if at all.
5. Common signs and symptoms of a possible bed bug infestation:
• Small red to reddish brown fecal spots on mattresses, box springs, bed frames, mattresses, linens, upholstery, or walls. • Molted bed bug skins, white, sticky eggs, or empty eggshells. • Very heavily infested areas may have a characteristically sweet odor. • Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping. However, some people do not show bed bug lesions on their bodies even though bed bugs may have fed on them.
6. For more information, see the Internet Web sites of the United States Environmental Protection Agency and the National Pest Management Association.
7. Tenant shall report suspected infestations by bed bugs to the Housing Provider or Property Manager at the mailing, or email address or phone number provided in the Agreement and cooperate with any inspection for and treatment of bed bugs.
8. Housing Provider will notify tenants of any units inspected by a pest control operator of the findings by such an operator within 2 business days of the receipt of the findings. All Tenants will be notified of confirmed infestations within common areas.
Tenant agrees to release, indemnify, hold harmless and forever discharge Housing Provider and Housing Provider's employees, agents, successors and assigns from any and all claims, liabilities or causes of action of any kind that Tenant, members of Tenant's household or Tenant's guests or invitees may have at any time against Housing Provider or Housing Provider's agents resulting from the presence of bedbugs due to Tenant's failure to comply with this Bed Bug Disclosure.
The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledge receipt of a copy of this document.
Tenant (Signature) --------------------------------Date ______ _ City of Banning
Tenant (Signature) ________________________________ Date ______ _ Housing Provider (Signature) _____________________________ Date ______ _ Dr. Ahsan Qazi
Housing Provider (Signature) _____________________________ Date ______ _ © 2023. California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REAL TORS®. It is not intended to identify the user as a REAL TOR®. REAL TOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REAL TORS® who subscribe to its Code of Ethics. []
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOC/AT/ON OF REAL TORS® • 525 South Virgil Avenue, Los Angeles, California 90020 BBD REVISED 6/23 (PAGE 1 OF 1)
BED BUG DISCLOSURE BBD PAGE 1 OF 1
Haskell Real Estate Inc., 55 N 8th St Banning CA 92220 Phone: (951)809-1985 Fax: 146 Cierra Ornelas Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www 1watt com 1051
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TENANT FLOOD HAZARD DISCLOSURE
(C.A.R. Form TFHD, Revised 6/23)
The following terms and conditions are hereby incorporated in and made a part of the Residential Lease or Month-toMonth Rental Agreement, OR D Residential Lease After Sale, D Other ________________ _ dated ______ , on property known as 146 N 4th St, Banning, CA 92220 in which City of Banning is referred to as ("Tenant")
and Dr. Ahsan Qazi is referred to as ("Housing Provider").
INFORMATION ABOUT FLOOD HAZARDS: Tenant is informed of the following:
1. The Property is not located in a special flood hazard area or an area of potential flooding.
ORO The Property is located in a special flood hazard area or an area of potential flooding. Property is deemed to be in a special flood hazard area or area of potential flooding if any of the following scenarios apply:
A. The owner has actual knowledge of that fact.
B. The owner has received written notice from any public agency stating that the Property is located in a special flood hazard area or an area of potential flooding.
C. The Property is located in an area in which the owner's mortgage holder requires the owner to carry flood insurance.
D. The owner currently carries flood insurance.
2. The tenant may obtain information about hazards, including flood hazards, that may affect the Property from the Internet Web site of the Office of Emergency Services, My Hazards Tool (http://myhazards.caloes.ca.gov).
3. The owner's insurance does not cover the loss of the tenant's personal possessions and it is recommended that the tenant consider purchasing renter's insurance and flood insurance to insure his or her possessions from loss due to fire, flood, or other risk of loss.
4. The owner is not required to provide additional information concerning the flood hazards to the Property and that the information provided pursuant to this section (California Government Code section 8589.45) is deemed to inform the tenant.
The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledge receipt of a copy of this document.
Tenant (Signature) Date ----------------------------- -------- City of Banning Tenant (Signature) _____________________________ Date _______ _ Housing Provider (Signature) Date ------------------------- -------- Dr. Ahsan Qazi Housing Provider (Signature) Date ------------------------- -------- © 2023, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REAL TORS®. It is not intended to identify the user as a REAL TOR®. REAL TOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REAL TORS® who subscribe to its Code of Ethics. []
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOC/A TION OF REAL TORS® • 525 South Virgil Avenue, Los Angeles, California 90020 TFHD Revised 6/23 (PAGE 1 OF 1)
TENANT FLOOD HAZARD DISCLOSURE TFHD PAGE 1 OF 1
Haskell Real Estate Inc., 55 N Htlr St Banning CA 92220 Phone: (951)809-1985 Fax: Cierra Ornelas Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St. Suite 2200, Dallas, TX 75201 WWW lwolf com G}
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RENT CAP AND JUST CAUSE ADDENDUM
(Note: State or local laws may limit the availability of certain exemptions.
Check with a qualified California real estate attorney before proceeding.) (C.A.R. Form RCJC, Revised 6/23)
The following terms and conditions are hereby incorporated and made part of the Residential Lease or Month-to-Month Rental Agreement dated 01/15/2024 on property known as 146 N 4th St, Banning, CA 92220 in which City of Banning is referred to as "Tenant"
and Dr. Ahsan Qazi is referred to as "Housing Provider".
I. RENT CAP AND JUST CAUSE ADDENDUM TERMS
With certain exemptions, Housing Provider may be subject to the rent cap and just cause eviction provisions of the Civil Code. Housing Provider informs Tenant of the following:
California law limits the amount your rent can be increased. See§ 1947.12 of the Civil Code for more information. California law also provides that after all Tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the Tenants has continuously occupied the property for 24 months or more, a Housing Provider must provide a statement of cause in any notice to terminate a tenancy. See§ 1946.2 of the Civil Code for more information.
II. EXEMPTIONS TO BOTH RENT CAP REQUIREMENTS AND JUST CAUSE EVICTIONS*:
1. Housing that has been issued a certificate of occupancy within the previous 15 years.
2. A property containing two separate dwelling units (excluding ADUs and junior ADUs) within a single structure in which one of the units was Owner occupied at the commencement and throughout the tenancy.
3. Single Family Residential property (including a condominium and units in planned developments) that is alienable separate from the title to any other dwelling unit if the notice below is checked and delivered to the Tenant:
IKJ Notice of Exemption: This property is not subject to the rent limits imposed by§ 1947.12 of the Civil Code and is not subject to the just cause requirements of § 1946.2 of the Civil Code. This property meets the requirements of§§ 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code AND the Owner is not any of the following: (1) a real estate investment trust, as defined by § 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.
Ill. ADDITIONAL EXEMPTIONS ONLY APPLICABLE TO JUST CAUSE EVICTIONS*:
1. Housing accommodations in which the Tenant shares bathroom or kitchen facilities with the Owner who maintains their principal residence at the residential real property.
2. Single-family Owner-occupied residences, including a residence in which the Owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit.
IV. RENT CAP REQUIREMENTS
1. Subject to certain provisions of Civil Code§ 1947.12 subdivision (b), an Owner of real property shall not increase the rental rate for that property more than 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower, of the lowest rental amount charged for that property at any time during the 12 months prior to the effective date of the increase.
2. If the same Tenant remains in occupancy over any 12-month period, the gross rental rate shall not be increased in more than two increments over that 12-month period.
3. For a new tenancy in which no Tenant from the prior tenancy remains, the Owner may establish the initial rate not subject to paragraph 1 of this section. Paragraph 1 of this section is only applicable to subsequent increases after the initial rental rate has been established.
V. JUST CAUSE REASONS FOR TERMINATION OF TENANCY
1. "At-Fault" Reasons:
A. Default in payment of rent.
8. Breach of a material term of the lease, as described in Code of Civil Procedure § 1161, paragraph (3), including but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation. © 2023, California Association of REAL TORS®. Inc.
RCJC REVISED 6/23 (PAGE 1 OF 2)
RENT CAP AND JUST CAUSE ADDENDUM RCJC PAGE 1 OF 2
Haskell Real Estate Inc., 55 N 8th St Banning CA 92220 Phone: (951)809-1985 Fax:
Cierra Ornelos Produced with Lone Wolf Transactions (zipForm Edition} 717 N Harwood St, Suite 2200, Dallas, TX 75201 www lwo[ com G)
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C. Maintaining, committing, or permitting the maintenance of a nuisance as described in Code of Civil Procedure § 1161, paragraph (4).
D. Committing waste as described in Code of Civil Procedure § 1161, paragraph (4 ).
E. The Tenant had a written lease that terminated on or after January 1, 2020, and after a written request or demand from the Owner, the Tenant refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate § 1946.1 or any other provision of law.
F. Criminal activity by the Tenant on the residential real property, including any common areas, or any criminal threat, as defined in Penal Code§ 422, subdivision (a), directed to any Owner or agent of the Owner of the premises.
G. Assigning or subletting the premises in violation of the Tenant's lease.
H. The Tenant's refusal to allow the Owner to enter the residential real property pursuant to a request consistent with Civil Code§§ 1101.5 and 1954, and Health and Safety Code§§ 13113.7 and 17926.1.
I. Using the premises for an unlawful purpose as described in Code of Civil Procedure § 1161, paragraph (4 ).
J. When the Tenant fails to deliver possession of the residential real property after providing the Owner written notice of Tenant's intention to terminate the hiring of real property or makes a written offer to surrender that is accepted in writing by the Housing Provider, but fails to deliver possession at the time specified in that written notice.
2. "No-fault" Reasons:
A. Intent to occupy the residential real property by the Owner or their spouse, domestic partner, children, grandchildren, parents or grandparents (Owner/family move-in). Tenant and Owner hereby agree that the Owner shall have the right to terminate the lease if the Owner, or their spouse, domestic partner, children, grandchildren, parents or grandparents, unilaterally decide to occupy the residential property. Owner may terminate the lease at the end of a fixed term or any time during a month to month tenancy by giving the appropriate notice.
B. Withdrawal of the Premises from the rental market. Owner may terminate the lease at the end of a fixed term or any time during a month to month tenancy by giving the appropriate notice.
C. Unsafe habitation, as determined by a government agency that has issued an order to vacate, or to comply, or other order that necessitates vacating the residential property.
D. Intent to demolish or substantially remodel the residential real property. "Substantially remodel" means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit that cannot be accomplished in a safe manner with the Tenant in place, and that requires Tenant to vacate the residential real property for at least 30 days. Cosmetic improvements alone do not qualify.
3. Just Cause Notices:
A. Curable "At-Fault" Reasons: Before the Owner can terminate the tenancy for an At-Fault Just Cause violation that is curable, the Owner must first provide notice to cure giving the Tenant an opportunity to cure the violation pursuant to Code of Civil Procedure§ 1161, paragraph (3).
B. Tenant Payments Pursuant to "No-Fault" Eviction: (1) If Owner issues a termination of tenancy under a NoFault Just Cause, Owner notifies Tenant of the right to direct payment relocation assistance equal to one month of the Tenant's rent in effect at the time of the termination and shall be provided within 15 calendar days of service of the notice. (2) In lieu of direct payment, Owner may waive the payment of rent for the final month of tenancy prior to the rent becoming due. The notice shall state the amount of rent waived and that no rent is due for the final month of tenancy.
*NOTE: Other exemptions under the Civil Code may apply. Additionally, this property may be subject to local rent cap and just cause eviction controls, which may impose additional restrictions. Housing Provider is strongly advised to seek counsel from a qualified California real estate attorney, who is familiar with the law where the property is located, prior to serving any notice.
The undersigned acknowledge a copy of this document and agree that the terms specified in Sections I, 11(3), if checked, and V(3) are made a part of the lease or rental agreement specified above.
Tenant (signature) City of Banning Date ______ _
Tenant (signature) Date ----------------------------- ------- Housing Provider (signature)
Housing Provider (signature)
Dr. Ahsan Qazi Date ______ _
Date ------------------------- --------
© 2023, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REAL TORS®. It is not intended to identify the user as a REAL TOR®. REAL TOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REAL TORS® who subscribe to its Code of Ethics.
REAL ESTATE BUSINESS SERVICES, LLC. [
Published and Distributed by:
a subsidiary of the CALIFORNIA ASSOC/A TION OF REAL TORS® " ,, 525 South Virgil Avenue, Los Angeles, California 90020 RCJC REVISED 6/23 (PAGE 2 OF 2)
RENT CAP AND JUST CAUSE ADDENDUM (RCJC PAGE 2 OF 2) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www lwolf com 146 1054
FAIR HOUSING AND DISCRIMINATION ADVISORY
(C.A.R. Form FHDA, Revised 6/23)
1. EQUAL ACCESS TO HOUSING FOR ALL: All housing in California is available to all persons. Discrimination as noted below is prohibited by law. Resources are available for those who have experienced unequal treatment under the law.
2. FEDERAL AND STATE LAWS PROHIBIT DISCRIMINATION AGAINST IDENTIFIED PROTECTED CLASSES:
A. FEDERAL FAIR HOUSING ACT ("FHA") Title VIII of the Civil Rights Act; 42 U.S.C. §§ 3601-3619; Prohibits discrimination in sales, rental or financing of residential housing against persons in protected classes; B. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT ("FEHA") California Government Code ("GC") §§ 12900- 12996, 12955; 2 California Code of Regulations ("CCR") §§ 12005-12271; Prohibits discrimination in sales, rental or financing of housing opportunity against persons in protected classes by providers of housing accommodation and financial assistance services as related to housing;
C. CALIFORNIA UNRUH CIVIL RIGHTS ACT ("Unruh") California Civil Code ("CC")§ 51; Prohibits business establishments from discriminating against, and requires full and equal accommodation, advantages, facilities, privileges, and services to persons in protected classes;
D. AMERICANS WITH DISABILITIES ACT ("ADA") 42 U.S.C. §§ 12181-12189; Title Ill of the ADA prohibits discrimination based on disability in public accommodations; and
E. OTHER FAIR HOUSING LAWS: § 504 of Rehabilitation Act of 1973 29 U.S.C. § 794; Ralph Civil Rights Act CC § 51.7; California Disabled Persons Act; CC §§ 54-55.32; any local city or county fair housing ordinances, as applicable.
3. POTENTIAL LEGAL REMEDIES FOR UNLAWFUL DISCRIMINATION: Violations of fair housing laws may result in monetary civil fines, injunctive relief, compensatory and/or punitive damages, and attorney fees and costs.
4. PROTECTED CLASSES/CHARACTERISTICS: Whether specified in Federal or State law or both, discrimination against persons based on that person's belonging to, association with, or perceived membership in, certain classes or categories, such as the following, is prohibited. Other classes, categories or restrictions may also apply.
Race Color Ancestry National Origin Religion
Age Sex, Sexual Orientation Gender, Gender Identity, Marital Status Familial Status (family with Gender expression a child or children under
18)
Citizenship Immigration Status Primary Language MililaryNeteran Status Source of Income (e.g., Section 8 Voucher)
Medical Condition Disability (Mental & Physical) Genetic Information Criminal History (non- Any arbitrary characteristic relevant convictions)
5. THE CALIFORNIA DEPARTMENT OF REAL ESTATE REQUIRES TRAINING AND SUPERVISION TO PREVENT HOUSING DISCRIMINATION BY REAL ESTATE LICENSEES:
A. California Business & Professions Code ("B&PC") § 10170.5(a)(4) requires 3 hours of training on fair housing for DRE license renewal; Real Estate Regulation § 2725(f) requires brokers who oversee salespersons to be familiar with the requirements of federal and state laws relating to the prohibition of discrimination.
B. Violation of DRE regulations or real estate laws against housing discrimination by a real estate licensee may result in the loss or suspension of the licensee's real estate license. B&PC §10177(1)(1); 10 CCR§ 2780
6. REALTOR® ORGANIZATIONS PROHIBIT DISCRIMINATION: NAR Code of Ethics Article 10 prohibits discrimination in employment practices or in rendering real estate license services against any person because of race, color, religion, sex, disability, familial status, national origin, sexual orientation, or gender identity by REAL TORS®.
7. WHO IS REQUIRED TO COMPLY WITH FAIR HOUSING LAWS?
8. 9.
Below is a non-exclusive list of providers of housing accommodations or financial assistance services as related to housing who are most likely to be encountered in a housing transaction and who must comply with fair housing laws. • Sellers • Landlords/Housing Providers • Sublessors
• Real estate licensees • Real estate brokerage firms • Property managers • Mobilehome parks • Homeowners Associations ("HOAs"); • Banks and Mortgage lenders • Insurance companies • Government housing services • Appraisers
EXAMPLES OF CONDUCT THAT MAY NOT BE MOTIVATED BY DISCRIMINATORY INTENT BUT COULD HAVE A DISCRIMINATORY EFFECT:
A. Prior to acceptance of an offer, asking for or offering buyer personal information or letters from the buyer, especially with photos.
Those types of documents may inadvertently reveal, or be perceived as revealing, protected status information thereby increasing the risk of (i) actual or unconscious bias, and (ii) potential legal claims against sellers and others by prospective buyers whose offers were rejected.
B. Refusing to rent (i) an upper-level unit to an elderly tenant out of concern for the tenant's ability to navigate stairs or (ii) a house with a pool to a person with young children out of concern for the children's safety.
EXAMPLES OF UNLAWFUL OR IMPROPER CONDUCT BASED ON A PROTECTED CLASS OR CHARACTERISTIC:
A. Refusing to negotiate for a sale, rental or financing or otherwise make a housing opportunity unavailable; failing to present offers due to a person's protected status;
B. Refusing or failing to show, rent, sell or finance housing; "channeling" or "steering" a prospective buyer or tenant to or away from a particular area due to that person's protected status or because of the racial, religious or ethnic composition of the neighborhood; C. "Blockbusting" or causing "panic selling" by inducing a listing, sale or rental based on the grounds of loss of value of property, increase in crime, or decline in school quality due to the entry or prospective entry of people in protected categories into the neighborhood;
D. Making any statement or advertisement that indicates any preference, limitation, or discrimination; © 2023, California Association of REAL TORS®, Inc.
FHDA REVISED 6/23 (PAGE 1 OF 2)
FAIR HOUSING AND DISCRIMINATION ADVISORY FHDA PAGE 1 OF 2 Haskell Real Estate Inc., 55 N 8th St Banning CA 92220 Phone: (951)809-1985 Fax: 146 Cierra Ornelas Produced with Lone Wolf Transactions (zlpForm Edition} 717 N Harwood St, Suite 2200, Dallas, TX 75201 www,lwoif com 1055
E. Inquiring about protected characteristics (such as asking tenant applicants if they are married, or prospective purchasers if they have children or are planning to start a family);
F. Using criminal history information before otherwise affirming eligibility, and without a legally sufficient justification; G. Failing to assess financial standards based on the portion of the income responsible by a tenant who receives government subsidies (such as basing an otherwise neutral rent to income ratio on the whole rent rather than just the part of rent that is the tenant's responsibility);
H. Denying a home loan or homeowner's insurance;
I. Offering inferior terms, conditions, privileges, facilities or services; J. Using different qualification criteria or procedures for sale or rental of housing such as income standards, application requirements, application fees, credit analyses, sale or rental approval procedures or other requirements; K. Harassing a person;
L. Taking an adverse action based on protected characteristics; M. Refusing to permit a reasonable modification to the premises, as requested by a person with a disability (such as refusing to allow a tenant who uses a wheelchair to install, at their expense, a ramp over front or rear steps, or refusing to allow a tenant with a disability from installing, at their own expense, grab bars in a shower or bathtub); N. Refusing to make reasonable accommodation in policies, rules, practices, or services for a person with a disability (such as the following, if an actual or prospective tenant with a disability has a service animal or support animal):
(i) Failing to allow that person to keep the service animal or emotional support animal in rental property, (ii) Charging that person higher rent or increased security deposit, or (iii) Failing to show rental or sale property to that person who is accompanied by the service animal or support animal, and;
0. Retaliating for asserting rights under fair housing laws.
10. EXAMPLES OF POSITIVE PRACTICES:
A. Real estate licensees working with buyers or tenants should apply the same objective property selection criteria, such as location/neighborhood, property features, and price range and other considerations, to all prospects.
B. Real estate licensees should provide complete and objective information to all clients based on the client's selection criteria.
C. Real estate licensees should provide the same professional courtesy in responding to inquiries, sharing of information and offers of assistance to all clients and prospects.
D. Housing providers should not make any statement or advertisement that directly or indirectly implies preference, limitation, or discrimination regarding any protected characteristic (such as "no children" or "English-speakers only").
E. Housing providers should use a selection process relying on objective information about a prospective buyer's offer or tenant's application and not seek any information that may disclose any protected characteristics (such as using a summary document, e.g. CAR. Form SUM-MO, to compare multiple offers on objective terms).
11. FAIR HOUSING RESOURCES: If you have questions about your obligations or rights under the Fair Housing laws, or you think you have been discriminated against, you may want to contact one or more of the sources listed below to discuss what you can do about it, and whether the resource is able to assist you.
A. Federal: https://www.hud.gov/program_offices/fair_housing_equal_opp B. State: https://calcivilrights.ca.gov/housing/
C. Local: local Fair Housing Council office (non-profit, free service) D. DRE: https://www.dre.ca.gov/Consumers/FileComplaint.html E. Local Association of REAL TORS®. List available at: https://www.car.org/en/contactus/rosters/localassociationroster.
F. Any qualified California fair housing attorney, or if applicable, landlord-tenant attorney.
12. LIMITED EXCEPTIONS TO FAIR HOUSING REQUIREMENTS: No person should rely on any exception below without first seeking legal advice about whether the exception applies to their situation. Real estate licensees are not qualified to provide advice on the application of these exceptions.
A. Legally compliant senior housing is exempt from FHA, FEHA and Unruh as related to age or familial status only; B. An owner of a single-family residence who resides at the property with one lodger may be exempt from FEHA for rental purposes, PROVIDED no real estate licensee is involved in the rental; C. An owner of a single-family residence may be exempt from FHA for sale or rental purposes, PROVIDED (i) no real estate licensee is involved in the sale or rental and (ii) no discriminatory advertising is used, and (iii) the owner owns no more than three single-family residences. Other restrictions apply; D. An owner of residential property with one to four units who resides at the property, may be exempt from FHA for rental purposes, PROVIDED no real estate licensee is involved in the rental; and E. Both FHA and FEHA do not apply to roommate situations. See, Fair Housing Council v Roommate.com LLC, 666 F .3d 1216 (2019).
F. Since both the 14th Amendment of the U.S. Constitution and the Civil Rights Act of 1866 prohibit discrimination based on race; the FHA and FEHA exemptions do not extend to discrimination based on race.
Buyer/Tenant and Seller/Housing Provider have read, understand and acknowledge receipt of a copy of this Fair Housing & Discrimination Advisory.
Buyer/Tenant City of Banning Date ______ _
Buyer/Tenant __________________________________ Date ______ _ Seller/Housing Provider Dr. Ahsan Qazi Date ______ _
Seller/Housing Provider Date ______ _
© 2023, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REAL TORS® who subscribe to its Code of Ethics. I] Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® • 525 South Virgil Avenue, Los Angeles, California 90020 FHDA REVISED 6/23 (PAGE 2 OF 2)
FAIR HOUSING AND DISCRIMINATION ADVISORY (FHDA PAGE 2 OF 2) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www !wolf com 146 1056
Information on Dampness and
Mold for Renters in California
Main points:
• Living in damp or moldy buildings increases the chances of respiratory problems like asthma.
• The critical warning signs are visible mold, water damage, damp materials, or mold smell.
• Dampness is needed for mold to grow, so if you control the dampness, you control the mold.
• Dampness or mold indoors may make housing substandard, per the California Health & Safety Code.
This booklet describes the increased risks to health, including specific health issues, that may result from exposures to dampness or mold in buildings. This booklet was produced in January 2021 by the California Department of Public Health (CDPH) in accordance with the 2001 Toxic Mold Protection Act (HSC §26148).
Haskell Real Estate Inc., 55 N 8th St Banning CA 92220 Phone: (951)809-1985 Fax:
Cierra Ornelas Produced with Lone Wolf Transactions (zip Form Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 WWW !watt com 146
1057
Health RreBlems frem Damp er
Mela~ Builaings
Living or working in damp or moldy buildings
increases the risk of many harmful health problems,
including:
• asthma attacks in people who already have
asthma
• a new asthma diagnosis
• respiratory infections, such as bronchitis
• breathing symptoms, such as hay fever, sneezing,
stuffy nose, sore throat, wheezing, breathing
difficulty, or cough
• eczema or skin rash
Mold can affect people differently. How much a
person is affected depends on how sensitive they are
and on how much they are exposed. Damp or moldy
buildings are linked to health problems in people
even if they do not have allergies.
Signs ef Dampness er Mela
Signs of dampness or mold that may cause health
problems include:
• visible mold (regardless of color), such as on walls
or ceilings, behind furniture or appliances, under
carpets, or even hidden in areas not seen in the
occupied areas of homes
• mold odor, noticed as an earthy, musty, or moldy
smell
• visible water damage, such as water-stains or
discoloration on walls or ceilings, peeling or
bubbled paint, warped floors, or rotting wood
• damp or moist materials, including condensation
on windows or walls
Any one of these signs indicates increased risks to
health, and the more that any of them are present,
the greater the risk of health problems. Tests that
identify the types of mold or the amounts of mold
in buildings are not useful in telling us about the
health risks. This is why CDPH does not recommend
testing for mold, such as measuring mold spores in
the air.
Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www !wolf com 146 1058
Causes of Building Dampness that Can
Allow Mold to Grow
The dampness that is necessary for indoor mold to
grow can come from either inside or outside a
building.
Indoor sources include:
• leaking or burst water pipes, for instance under
sinks inside walls
• not enough venting to the outside by open
windows or exhaust fans in places where water is
used or moisture is produced (for example,
bathrooms, laundry areas, kitchens, and water
heaters)
• condensation (water droplets) on cold surfaces,
including windows
Outdoor sources include:
• water coming in through leaky roofs or
poorly-sealed windows, or from flooding
• damp, exposed dirt in crawl spaces
• outdoor surfaces that slope and drain water
toward a building, including from a downspout
Fixing Dampness and Mold Problems
The California Health & Safety Code (HSC §17920.3) says that when dampness or visible mold (or certain other conditions) in a home is a hazard to the health of occupants, the home is substandard and the property owner must fix the conditions. The Code excludes mold that is "minor and found on surfaces that accumulate moisture as part of their properly functioning and intended use."
CDPH recommends fixing dampness and mold problems as follows:
• identifying and correcting the source of any water that may allow mold to grow • rapid drying or removal of damp materials
• cleaning or removing mold and moldy materials as rapidly and safely as possible Note: if a moldy area is simply bleached, cleaned, or painted over-without fixing the source of the dampness-the mold is likely to grow again.
1059
Renters in California
The California Health & Safety Code requires property owners to provide a rental unit that is safe and healthy for the people living in it. Prospective renters should look for obvious conditions that show dampness or mold, and also less obvious signs like water leaks under the kitchen and bathroom sinks or moldy odor in a sealed-up home. Also look for conditions likely to cause future problems, like a bathroom that has no working vent fan or no window that opens, or a clothes dryer without an outside vent.
For renters who suspect there is dampness or mold:
1. Tell the property owner or manager. Early detection and correction of the dampness and mold problems can reduce the risks to your health and prevent the problem from getting worse.
2. If your property owner will not respond to your concerns in a reasonable amount of time, contact your local (city or county) code enforcement agency and ask for a code enforcement officer to inspect for violations. Many dampness or mold problems in rental homes are the responsibility of the property owner and must be addressed by them. However, a code enforcement officer may determine that dampness or mold in a building results from a tenant's actions or inactions - for instance, not using available bathroom ventilation during showers.
3. If the local inspector determines there is a violation, they can require the property owner to correct the problem.
Additional Resources
For general information on dampness and mold and a list of local code enforcement agencies, with a focus on dampness and mold, see www.cdph.ca.gov/iaq/mold. To see an animated video series, Mold in the Home, visit www.cdph.ca.gov/mold.
Property owners must provide a rental unit that is safe and healthy for the people living in it.
Tenants must notify property owners of any dampness or mold problems.
Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St. Suite 2200, Dallas, TX 75201 www !wolf.com 146 1060
C_'ILIFORNI_'I
_a\SSOCU TIO;',J
OFRL'ILTORst·
LEASE/RENTAL MOLD AND VENTILATION ADDENDUM
(C.A.R. Form LRM, Revised 6/23)
The following terms and conditions are hereby incorporated in and made a part of the Residential Lease or Month-to-Month Rental Agreement, OR D Residential Lease After Sale, D Other ______________ ("Agreement"), dated 01/15/2024 , on property located at (Street Address) _14_6_N_4_th_S_t ______________ _ (Unit/Apartment) __ (City) Banning (State)~ (Zip Code) 92220 ("Premises"), in which City of Banning is referred to as "Tenant"
and Dr. Ahsan Qazi is referred to as "Housing Provider"
1. MOLD AND VENTILATION NOTIFICATION AND AGREEMENT: Except as may be noted at the time of Tenant's move in inspection, Tenant agrees that the Premises is being delivered free of known damp or wet building materials ("mold") or mildew contamination. Tenant acknowledges and agrees that (i) mold can grow if the Premises is not properly maintained; (ii} moisture may accumulate inside the Premises if it is not regularly aired out, especially in coastal communities; (iii} if moisture is allowed to accumulate, it can lead to the growth of mold, and (iv) mold may grow even in a small amount of moisture. Tenant further acknowledges and agrees that Tenant has a responsibility to maintain the Premises in order to inhibit mold growth and that Tenant's agreement to do so is part of Tenant's material consideration for the Agreement. Accordingly, Tenant agrees to: ________________________ _ A. Maintain the Premises free of dirt, debris and moisture that can harbor mold; B. Clean any mildew or mold that appears with an appropriate cleaner designed to kill mold; C. Clean and dry any visible moisture on windows, walls and other surfaces, including personal property as quickly as possible;
D. Use reasonable care to close all windows and other openings in the Premises to prevent water from entering the Premises;
E. Use exhaust fans, if any, in the bathroom(s) and kitchen while using those facilities and notify Housing Provider of any inoperative exhaust fans;
F. Immediately notify Housing Provider of any water intrusion, including but not limited to, roof or plumbing leaks, drips or "sweating pipes";
G. Immediately notify Housing Provider of overflows from bathroom, kitchen or laundry facilities; H. Immediately notify Housing Provider of any significant mold growth on surfaces in the Premises; I. Allow Housing Provider, with appropriate notice, to enter the Premises to make inspections regarding mold and ventilation; and
J. Release, indemnify, hold harmless and forever discharge Housing Provider and Housing Provider's employees, agents, successors and assigns from any and all claims, liabilities or causes of action of any kind that Tenant, members of Tenant's household or Tenant's guests or invitees may have at any time against Housing Provider or Housing Provider's agents resulting from the presence of mold due to Tenant's failure to comply with this Lease/Rental Mold and Ventilation Addendum.
2. (If checked, D the Premises was previously treated for elevated levels of mold that were detected.)
3. D MOLD AND DAMPNESS: Tenant acknowledges receipt of the attached booklet titled, "Information on Dampness and Mold for Renters in California."
Tenant (Signature) City of Banning Date ______ _
Tenant (Signature) __________________________ _ Date ------- Housing Provider (Signature) Dr. Ahsan Qazi Date ______ _ Housing Provider (Signature) _______________________ _ Date ------- © 2023, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REAL TORS®. It is not intended to identify the user as a REAL TOR®. REAL TOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REAL TORS® who subscribe to its Code of Ethics. I] Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOC/A TION OF REAL TORS® " 525 South Virgil Avenue, Los Angeles, California 90020 LRM REVISED 6/23 (PAGE 1 OF 1)
LEASE/RENTAL MOLD AND VENTILATION ADDENDUM LRM PAGE 1 OF 1 Haskell Real Estate Inc., 55 N 8th St Banning CA 92220 Phone: (951)809-1985 Fax:
Cierra Ornelas Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www {wolf com 146
1061
C:\UFOR:\L\
ASSOCIXTJO':-J
OF RE.-\LTOR:-,"
LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS
DISCLOSURE, ACKNOWLEDGMENT AND ADDENDUM For
Pre-1978 Housing Sales, Leases, or Rentals
(C.A.R. Form LPD, 12/21)
The following terms and conditions are hereby incorporated in and made a part of the Purchase Agreement, OR D Residential Lease or Month-to-Month Rental Agreement, D Other: __________________ , dated 01/15/2024 , on property known as: 146 N 4th St, Banning, CA 92220 ("Property") in which City of Banning is referred to as Buyer or Tenant and Dr. Ahsan Qazi is referred to as Seller or Housing Provider.
Buyer/Tenant and Seller/Housing Provider are referred to as the "Parties." LEAD WARNING STATEMENT (SALE OR PURCHASE) Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligent quotient, behavioral problems and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards.
A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.
LEAD WARNING STATEMENT (LEASE OR RENTAL) Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive federally approved pamphlet on lead poisoning prevention.
EPA'S LEAD-BASED PAINT RENOVATION, REPAIR AND PAINTING RULE: The new rule requires that contractors and maintenance professionals working in pre-1978 housing, child care facilities, and schools with lead-based paint be certified; that their employees be trained; and that they follow protective work practice standards. The rule applies to renovation, repair, or painting activities affecting more than six square feet of lead-based paint in a room or more than 20 square feet of lead-based paint on the exterior. Enforcement of the rule begins October 1, 2010. See the EPA website at www.epa.gov/lead for more information.
1. SELLER'S OR HOUSING PROVIDER'S DISCLOSURE
I (we) have no knowledge of lead-based paint and/or lead-based paint hazards in the housing other than the following:
I (we) have no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing other than the following, which, previously or as an attachment to this addendum, have been provided to Buyer or Tenant:
I (we), previously or as an attachment to this addendum, have provided Buyer or Tenant with the pamphlet "Protect Your Family From Lead In Your Home" or an equivalent pamphlet approved for use in the State such as ''The Homeowner's Guide to Environmental Hazards and Earthquake Safety."
For Sales Transactions Only: Buyer has 10 days, unless otherwise agreed in the real estate purchase contract, to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.
I (we) have reviewed the information above and certify, to the best of my (our) knowledge, that the information provided is true and correct.
Seller or Housing Provider Dr. Ahsan Qazi Date
Seller or Housing Provider Date
© 2021, CALIFORNIA ASSOCIATION OF REALTORS®, INC.
LPD 12/21 (PAGE 1 OF 2) Buyer's/Tenant's Initials
LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS DISCLOSURE LPD PAGE 1 OF 2 Haskell Real Estate Inc., 55 N 8th St Banning CA 92220 Phone: (951)809-1985 Fax: 146 Cierra Ornelas Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www !wolf com 1062
Property Address: 146 N 4th St, Banning, CA 92220 Date December 15, 2023
2. LISTING AGENT'S ACKNOWLEDGMENT
Agent has informed Seller or Housing Provider of Seller's or Housing Provider's obligations under § 42 U.S.C. 4852d and is aware of Agent's responsibility to ensure compliance.
I have reviewed the information above and certify, to the best of my knowledge, that the information provided is true and correct.
~H=a=s=k=e/=l~R=e=a~l=E=s=ta=t=e~ln~c=·------------- By ___________________ _ Agent (Broker representing Seller or Housing Provider) Associate-Licensee or Broker Signature Date (Please Print) Cierra Ornelas
3. BUYER'S OR TENANT'S ACKNOWLEDGMENT
I (we) have received copies of all information listed, if any, in paragraph 1 above and the pamphlet "Protect Your Family From Lead In Your Home" or an equivalent pamphlet approved for use in the State such as "The Homeowner's Guide to Environmental Hazards and Earthquake Safety." If delivery of any of the disclosures or pamphlet referenced in paragraph 1 above occurs after Acceptance of an offer to purchase, Buyer has a right to cancel pursuant to the purchase contract. If you wish to cancel, you must act within the prescribed period.
For Sales Transactions Only: Buyer acknowledges the right for 10 days, unless otherwise agreed in the real estate purchase contract, to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; OR, (if checked) D Buyer waives the right to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.
I (we) have reviewed the information above and certify, to the best of my (our) knowledge, that the information provided is true and correct.
Buyer or Tenant
City of Banning
Date
4. COOPERATING AGENT'S ACKNOWLEDGMENT
Buyer or Tenant Date
Agent has informed Seller or Housing Provider, through the Listing Agent if the property is listed, of Seller's or Housing Provider's obligations under§ 42 U.S.C. 4852d and is aware of Agent's responsibility to ensure compliance.
I have reviewed the information above and certify, to the best of my knowledge, that the information provided is true and correct.
----------------------- By _____________________ _
Agent (Broker obtaining the Offer) Associate-Licensee or Broker Signature Date © 2021, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REAL TORS®. It is not intended to identify the user as a REAL TOR®. REAL TOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REAL TORS® who subscribe to its Code of Ethics. IJ Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOC/A TION OF REALTORS® • 525 South Virgil Avenue, Los Angeles, California 90020 LPD 12/21 (PAGE 2 OF 2)
LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS DISCLOSURE (LPD PAGE 2 OF 2) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www !wolf.com 146 1063
March2021
Protect
Your
Family
From
Lead in
Your
Home
&EPA United States
Environmental
Protection Agency
@
liii:\
t ■ i (,.,._.,..,,E"(,'/
United States
Consumer Product
Safety Commission
United States
Department of Housing
and Urban Development
Simple Steps to Protect Your Family
from Lead Hazards
If you think your home has lead-based paint:
• Don't try to remove lead-based paint yourself.
• Always keep painted surfaces in good condition to minimize deterioration.
• Get your home checked for lead hazards. Find a certified Inspector or risk assessor at epa.gov/lead.
• Talk to your landlord about fixing surfaces with peeling or chipping paint.
• Regularly clean floors, window sills, and other surfaces. • Take precautions to avoid exposure to lead dust when
remodeling.
• When renovating, repairing, or painting, hire only EPA-or stateapproved Lead-Safe certified renovation firms. • Before buying, renting, or renovating your home, have it checked for lead-based paint.
• Consult your health care provider about testing your children for lead. Your pediatrician can check for lead with a simple blood test.
• Wash children's hands, bottles, pacifiers, and toys often. • Make sure children eat healthy, low-fat foods high in iron, calcium, and vitamin C.
• Remove shoes or wipe soil off shoes before entering your house.
Are You Planning to Buy or Rent a Home Built
Before 1978?
Did you know that many homes built before 1978 have lead-based paint? Lead from paint, chips, and dust can pose serious health hazards.
Read this entire brochure to team:
• How lead gets into the body
• How lead affects health
• What you can do to protect your family
• Where to go for more information
Before renting or buying a pre-1978 home or apartment, federal law requires:
• Sellers must disclose known information on lead-based paint or leadbased paint hazards before selling a house. • Real estate sales contracts must include a specific warning statement about lead-based paint. Buyers have up to 10 days to check for lead. • Landlords must disclose known information on lead-based paint or lead-based paint hazards before leases take effect. leases must include a specific warning statement about lead-based paint.
If undertaking renovations, repairs, or painting (RRP) projects In your pre-1978 home or apartment:
• Read EPA's pamphlet, The lead-Safe Certified Guide to Renovate Right, to learn about the lead-safe work practices that contractors are required to follow when working in your home (see page 12).
Lead Gets into the Body in Many Ways
Adults and children can get lead into their bodies if they:
• Breathe in lead dust {especially during activities such as renovations, repairs, or painting that disturb painted surfaces).
• Swallow lead dust that has settled on food, food preparation surfaces, and other places.
• Eat paint chips or soil that contains lead.
lead is especially dangerous to children under the age of 6. • At this age, children's brains
and nervous systems are
more sensitive to the
damaging effects of lead.
• Children's growing bodies
absorb more lead.
• Babies and young children
often put their hands
and other objects in their
mouths. These objects can
have lead dust on them.
Women of childbearing age should know that lead is dangerous to a developing fetus.
• Women with a high lead level in their system before or during pregnancy risk exposing the fetus to lead through the placenta during fetal development.
---------------------------------------------------------------------------- 1064
Checking Your Home for Lead
You can get your home tested for lead in several different ways:
• A lead-based paint inspection tells you if your home has leadbased paint and where it is located. It won't tell you whether your home currently has lead hazards. A trained and certified testing professional, called a lead-based paint
inspector, will conduct a paint inspection
using methods, such as:
• Portable x-rayfluorescence (XRF) machine
• lab tests of paint samples
• A risk assessment tells you if your home
currently has any lead hazards from lead
in paint, dust, or soil. It also tells you what
actions to take to address any hazards. A
trained and certified testing professional,
called a risk assessor, will:
• Sample paint that is deteriorated on doors, windows, floors, stairs, and walls
• Sample dust near painted surfaces and sample bare soil in the yard
• Get lab tests of paint, dust, and soil samples
• A combination inspection and risk assessment tells you if your home has any lead-based paint and if your home has any lead hazards, and where both are located.
Be sure to read the report provided to you after your inspection or risk assessment is completed, and ask questions about anything you do not understand.
What You Can Do Now to Protect Your Family
If you suspect that your house has lead-based paint hazards, you can take some immediate steps to reduce your family's risk:
• If you rent, notify your landlord of peeling or chipping paint. , Keep painted surfaces clean and free of dust. Clean floors, window frames, window sills, and other surfaces weekly. Use a mop or sponge with warm water and a general all-purpose cleaner. {Remember:
never mix ammonia and bleach products together because they can form a dangerous gas.)
• Carefully dean up paint chips immediately without creating dust. • Thoroughly rinse sponges and mop heads often during deaning of dirty or dusty areas, and again afterward.
• Wash your hands and your children's hands often, especially before they eat and before nap time and bed time.
• Keep play areas clean. Wash bottles, pacifiers, toys, and stuffed animals regularly.
• Keep children from chewing window sills or other painted surfaces, or eating soil.
• When renovating, repairing, or painting, hire only EPA- or stateapproved Lead-Safe Certified renovation firms (see page 12). • Clean or remove shoes before entering your home to avoid tracking in lead from soil.
• Make sure children eat nutritious, low-fat meals high in iron, and calcium, such as spinach and dairy products. Children with good diets absorb less lead.
Checking Your Home for Lead, continued
In preparing for renovation, repair, or painting work in a pre-1978 home, lead-Safe Certified renovators (see page 12) may:
• Take paint chip samples to determine if lead-based paint is present in the area planned for renovation and send them to an EPA-recognized lead lab for analysis. In housing receiving federal assistance, the person collecting these samples must be a certified lead-based paint inspector or risk assessor
• Use EPA-recognized tests kits to determine if lead-based paint is absent (but not in housing receiving federal assistance} • Presume that lead-based paint is present and use lead-safe work practices
There are state and federal programs in place to ensure that testing is done safely, reliably, and effectively. Contact your state or local agency for more information, visit epa.gov/lead, or call 1-800-424-LEAD {5323) for a list of contacts in your area.i
Hearing• or speech-challenged individuals may access this number through TTY by calling the Federal Relay Service at l•SQ0..877·8339.
Reducing Lead Hazards
Disturbing lead-based paint or
removing lead improperly can
increase the hazard to your family by
spreading even more lead dust around
the house.
• In addition to day-to-day deaning
and good nutrition, you can
temporarily reduce lead-based paint
hazards by taking actions, such as
repairing damaged painted surfaces
and planting grass to cover leadcontaminated soil. These actions are not permanent solutions and will need
ongoing attention.
• You can minimize exposure to lead
when renovating, repairing, or painting by hiring an EPA- or statecertified renovator who is trained in the use of lead-safe work practices. If you are a do-it-yourselfer, learn how to use lead-safe work practices in your home,
• To remove lead hazards permanently, you should hire a certified lead abatement contractor. Abatement {or permanent hazard elimination) methods include removing, sealing, or enclosing lead-based paint with special materials. Just painting over the hazard with regular paint is not permanent control.
Always use a certified contractor who is trained to address lead hazards safely.
• Hire a lead-Safe Certified firm (see page 12) to perform renovation, repair, or painting {RRP) projects that disturb painted surfaces. • To correct lead hazards permanently, hire a certified lead abatement contractor. This will ensure your contractor knows how to work safely and has the proper equipment to clean up thoroughly.
Certified contractors will employ qualified workers and follow strict safety rules as set by their state or by the federal government. 10 1065
15 17
For More Information
The National Lead Information Center
learn how to protect children from lead poisoning and get other information about lead hazards on the Web at epa.gov/safewater and hud.gov/lead, or call 1-800--424-1.EAD (5323).
EPA's Safe Drinking Water Hotline
For information about lead in drinking water, call 1--800-426-4791, or visit epa.gov/lead for information about lead in drinking water.
Consumer Product Safety Commission {CPSC) Hotline
For information on lead in toys and other consumer products, or to report an unsafe consumer product or a product-related injury, call 1-800-638-2772, or visit CPSC's website at cpsc.gov or
saferproducts.gov.
State and Local Health and Environmental Agencies
Some states, tribes, and cities have their own rules related to leadbased paint. Check with your local agency to see which laws apply to you. Most agencies can also provide information on finding a lead abatement firm in your area, and on possible sources of financial aid for reducing lead hazards. Receive up-to-date address and phone information for your state or local contacts on the Web at epa.gov/safewater, or contact the National Lead Information Center at 1-800--424-LEAD.
Hearing- or speech-challenged individuals may access any of the phone numbers in this brochure through TTY by calling the tollfree Federal Relay Service at 1-800-877-8339.
Consumer Product Safety Commission (CPSC)
The CPSC protects the public against unreasonable risk of injury from consumer products through education, safety standards activities, and enforcement. Contact CPSC for further information regarding consumer product safety and regulations.
CPSC
4330 East West Highway
Bethesda, MD 20814-4421
1-800-638-2772
cpsc.gov or saferproducts.gov
U.S. Department of Housing and Urban
Development (HUD)
HUD's mission is to create strong, sustainable, inclusive communities and quality affordable homes for all. Office of Lead Hazard Control and Healthy Homes for further information regarding the Lead Safe Housing Rule, which protects families in pre-1978 assisted housing. and for the lead hazard control and research grant programs.
HUD
451 Seventh Street, SW, Room 8236
Washington, DC 20410-3000
(202) 402-7698
hud.gov/lead
Th,id-XUmentii,.rnthepublt<:dcrnaio.ltmay~ p«:>duc:l!'dbyao,ndivid,iaJO(t1,Y~niuti0nwith0Ut permi<s.lon ll'lffil"l1Mlrmr;,t""~flthkbo0kk'tls b-.1 <.1PQn(umint wet"llfi(a'1d !echnkal under<lta/\dl"'9nf!hf-iS1Uf'•P•l!:if'!'ted atldkretle~rve'offfleju•ndk!ion.dl»u~IIHM!abli~!J\, tll~iWl!tesgiwemingtht'co..iuthoringagfflCIM Folowingthe.advictg~wiU<k!tnttetQl'lly P"'\'!cle ,ornp1geprn1ectlonln ~Rsltw!ien~tt ll!Jlllntt.1Uhullh i,.v.,rdi 111.n t11rii,,t,a,u'led by"'~d f'~e.
u s. £PA Wa~hll1gton oc 20460
U S.CPSC Bet~d,, MDlOii\◄
U 5.H\JD\Va~!onOC20.ll1<1
Er.A.-7!.7-ll'-11-001
Ma•~'h'2021
U.S. Environmental Protection Agency (EPA)
Regional Offices
The mission of EPA is to protect human health and the environment.
Your Regional EPA Office can provide further information regarding regulations and lead protection programs.
Region 1 (Connecticut Mamchusem, Maine.
New Hampshire. Rhode bland, Vermont}
Regional lead Contact
U.S EPA R~ion 1
5 Post Office Square, Suite 100, OESOS-4
Bo~ton, MA02109-3912
(8881372-7341
Region 2 !New Je«ey, New Yori(. Puerto Rico,
Virglnblandt)
Regional lead Contact
U.S. EPA Region 2
2890Woodbridge Avenue
Bullding 205, Mail Stop 225
Edlwn,NJ08837·3679
!732)906-6809
Region 3 JDelaware, Maryland. Pennsylvania,
Vi,ginia.DC.WestVirginia)
Regional lead Contact
US. EPA Region '3 l650Arc:hSueet
Philadelphla,PA 19103
!215]814•2088
Region 4 (Alabama,. Florida, Georgia,
Kentucky, Minbsippi, Nor1hC,uof,na, South
Carolina.Tennessee)
RegionalleadCon!ac:t
US. EPA Region 4
AFC Tower, 12th Floor, Air, Pesticides& Toxics
6lforsythSueet,SW
Atlanta,GA30l03
!1!;04)562-8998
Region 5 mPn01s, Indiana, Michigan.
Mlnnesou.Ohlo.~onsin)
Regional Lead Contact
U.S.EPARegiOn5(U-17Jl
77WestJack$onBoulevard
Chicago.°' 60604-3666
ll12135BB08
Region 6 fArkansat louhiana,New Me~co,
Oklahoma.. Te..-as, and 66 Tribes)
qegiOnal le-ad Contact
U.S. EPA Region 6
1445 Ross Avenue. 12th floor
Dallas,TX75202·2133
12.14)665-2704
Region 7 ilowa, Kansas.Missouri, Nebraska\
l\egion<II lead Conuct
U.S. EPA Region 7
11201RMiwt8111d.
Lene:ira, KS66219
fS00}22l-042S
Region 8 !Colorado. Montana. ~~otth
Dakota, South 0/lkoui, Utah" WyQmingf
Regional lf'adConuct
U.S. EPA Region B 1595Wynkoop5t
Oenver,C080202
1303)312-6966
Region 9 (Arizona, California. Hawail
Nevada)
RegionalleadContatt
us. EPA Region 9 /CM042l
75 Hawthorne Str~
San Frantnco, CA 94105
(415)947-4280
Region tOCAlaska Idaho. 0fegon,
Washfngtonl
Regional lead Contact
U.S.EPAR~lonlOUO.C:04)
Air and Toxfc:s Enforc:E'ment Section
l200SbcthA11enu1!,Su1telSS
5fo.attle,WA98101
1206) 553-1200
IMPORTANT!
Lead From Paint, Dust, and Soil in and
Around Your Home Can Be Dangerous if
Not Managed Properly
• Children under 6 years old are most at risk for lead
poisoning in your home.
• Lead exposure can harm young children and babies even before they are born.
• Homes, schools, and child care facilities built before 1978 are likely to contain lead-based paint.
• Even children who seem healthy may have dangerous
levels of lead in their bodies.
• Disturbing surfaces with lead•based paint or removing lead.based paint improperly can increase the danger to
your family.
• People can get Jead into their bodies by breathing or swallowing lead dust, or by eating soil or paint chips
containing lead.
• People have many options for reducing lead hazards.
Generally, lead-based paint that is in good condition is not a hazard (see page 1 O).
16 1066
4-~ C\LIFORNIA
• ..-i.SSOCL\ TION 'II OFREA.LTORS~
~
ADDENDUM No. 1
----- (C.A.R. Form ADM, Revised 12/21)
The following terms and conditions are hereby incorporated in and made a part of the Purchase Agreement, OR !Kl Residential Lease or Month-to-Month Rental Agreement, D Transfer Disclosure Statement (Note: An amendment to the TDS may give the Buyer a right to rescind), D Other _________________________________ , dated January 15, 2024 , on property known as ___________ 1,_4""'6'"'N'-'--'4.a.:th-'-='S-=-t _________ _ ----------------=B=a=n=n=in""g,,_, -=C'-A'--"-92=2=2=0-------------,,.--------,-("Property/Premises"), in which City of Banning is referred to as ("Buyer/Tenant") and Dr. Ahsan Qazi is referred to as ("Seller/Landlord").
Buyer/Tenant and Seller/Landlord are referred to as the "Parties." The City of Banning shall bear the responsibility of removing their placed tenants subiect to the agreement in place between the City of Banning and placed tenants.
The City of Banning shall be bear financial responsibility for repair of any damage that may occur to the unit during the lease term.
The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledge receipt of a copy of this Addendum.
Buyer/Tenant Date
City of Banning
Buyer/Tenant Date
Seller/Land lord Date
Dr. Ahsan Qazi
Seller/Landlord Date
© 2021, California Association of REAL TORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REAL TORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REAL TORS®. It is not intended to identify the user as a REAL TOR®. REAL TOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REAL TORS® who subscribe to its Code of Ethics. I] REAL ESTATE BUSINESS SERVICES, LLC.
Published and Distributed by:
a subsidiary of the CALIFORNIA ASSOC/A TION OF REAL TORS® . • 525 South Virgil Avenue, Los Angeles, California 90020 ADM REVISED 12121 (PAGE 1 OF 1)
ADDENDUM ADM PAGE 1 OF 1
Haskell Real Estate Inc., 55 N 8th St Banning CA 92220 Phone: (951)809-1985 Fax: Cierra Ornelas Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www 1watt com G:t
EQUAL MOUSING
O'>POR.TUNITY
146
1067
AoornouMTORENTALAGREEMENTDATrn:1/_!'5fZ3 /\.DDREss: l'-lw N· t.t& Jt ,Bc4nrnri1J ,<fir Cia"iJoO
1. TIMELY PAYMENTS: Rent is due the 1" day of each month. A THREE-DAY NOTICE TO PAY RENT OR QUIT may be served whenever rent is not paid by the 5th of each month regardless of the day of the week on which the 5th falls. By initialing this paragraph, Tenant agrees to pay additional rent the sum of $35.00 to the Property Manager and 5% of unpaid rent to the Owner for the month the notice is served. _ 2. PRIORITY OF PAYMENTS: All Tenant payments, regardless of any notation to the contrary, shall be credited first to 3 Day Notice and legal fees, then late charges, then all other charges including utilities, then lastly to rent beginning with the oldest rent due being credited first.
_ 3. PARTIAL PAYMENTS: As and for additional rent, Tenant agrees to pay an additional payment of $25.00 per extra payment in any month in which tenant pays said month's rent in more than one payment to offset bookkeeping costs.
This is in addition to any late charges under paragraph one that may be due pursuant to the terms of the agreement. --~ 4. WRITTEN 30 DAY NOTICE: Under the terms of this agreement, Tenant has agreed to provide Landlord a 30-Day Advance Notice of intent to vacate the premises and cancel this agreement. Tenant may be held liable for rent for said 30 days. Daily rent will be charged at the rate of $ 1-/'i· % for each day. Oral notices are not allowed, notices must be in writing and become effective on date delivered to Property Manager.
5. MINIMUM TENANCY: Under the terms of this agreement, Tenant has the right to vacate premises and cancel this agreement subject only to 30 Day Notice requirements. HOWEVER, a tenancy of less than 6 months will create an automatic forfeiture of the entire Security Deposit. Tenant agrees and understands that owner incurs costs of at least the amount of the security deposit as a result of said early termination.
6. WINDOWS, SCREENS, WINDOW COVERINGS, BATTERIES, AIR FILTERS, LIGHT BULBS, AND DOORS: Tenant shall be responsible for the cost of replacing broken windows, torn, bent or missing screens, window coverings, air filters, light bulbs, alarm batteries, remote control batteries, damaged doors, door jambs, locks, or screens in all circumstances regardless of cause.
7. AUTO, JUNK, YARD CARE: Tenant agrees to keep premises free of accumulated junk and non-operative automobiles.
Tenant agrees to water and maintain the yard areas of single family residences covered by this agreement. If yard not maintained, tenant will pay actual costs for owner to cure default after notice.
8. GARBAGE DISPOSAL AND CLOGED DRAINS: After 30 Days of Occupancy, Tenant shall be responsible for cost to unclog all drains in property including garbage disposal, is any, caused by misuse by tenant.
9. PEST CONTROL: After 30 days of occupancy, Tenant shall be responsible for the treatment of any insect infestation, including but not limited to roaches, ants, and bed bugs.
10. FENCING: Landlord is not responsible and shall not become responsible for maintaining fenced capable of keeping animals or people from getting into or out of the property. Tenant must obtain permission from Landlord prior to alteration of existing, or installation of additional fencing. . - / _ d-?
11. UTILITIES: If utilities are currently on they will be turned off by Landlord on / I ~ .. It is Tenant's responsibility to have the following utilities l,{ I I ..j xe-e.. j,lt w Qt e. r turned on in Tenant's name prior to that date. Landlord has no responsibility if tenant fails to put utilities in their name prior to this turnoff date.
_ 12. RENT PRO-RATION: SECOND MONTH'S RENT IS A PRO-RATION OF$ ·75'-j 'S 0-- , DUE ON THE FIRST OF r.f bhA(J n.g 8r) 'J'!:/ CONTRACT RENT IS cfl I½ 0 .c O DUE ON THE FIRST OF EACH MONTH THEREAFTER.
13. OTHER:
The undersigned Tenant acknowledges having read the foregoing prior to execution and receipt of a copy thereof.
Date: Tenant:
Landlord: _____________ _ Tenant: ---------------
By Haskell Real Estate Inc.
1068
IZJiASl(EL}J . ·•• ., .•
WE WILL USE YOUR SECURITY DEPOSIT TO
CLEAN OR REPAIR THE FOLLWING IF
NECESSARY:
1. CARPETS AND FLOORS
2. WINDOWS AND WINDOW SILLS
3. SCREENS
4. WINDOW COVERINGS
5. BASEBOARDS AND WALLS
6. STOVE/ OVEN/ MICROWAVE
7. REFRIGERATOR
8. LIGHT FIXTURES/ CEILING FANS
9. CABINETS, INSIDE AND OUT, DRAWERS
10. TOILET, SINKS, TUBS, FAUCETS, HANDLES
11. DOORS, DOOR FRAMES, HANDLES
12. SWITCHPLATE COVERS
13. MIRRORS
14. COUNTERTOPS, LEDGES
15. YARD AND TRASH
TENANT DATE
TENANT DATE
LAWFUL USE OF THE TENANT'S SECURITY
DEPOSIT (SEE PAGE 64)
Civil Code Sections 1950.S(b)(l)-(4) (as of
January 1, 2006)
(b) A.s used in this section, security means any
payment, fee, deposit. or charge, including,
but not limited to, any payment, fee, deposit,
or charge, except as provided in Section
1950.6, that is imposed at the beginning of
the tenancy to be used to reimburse the
landlord for costs associated with processing
a new tenant or that is imposed as an
advance payment of rent, used or to be used
for any purpose, including, but not limited to,
any of the following:
(1) The compensation of a landlord for a
tenants default in the payment of rent.
(2) The repair of damages to the premises,
exclusive of ordinary wear and tear, caused by
the tenant or by a guest or licensee of the
tenant.
(3) The cleaning of the premises upon
termination of the tenancy necessary to
return the unit to the same level of cleanliness
it was in at the inception of the tenancy. The
amendments to this paragraph enacted by
the act adding this sentence shall apply only
to tenancies for which the tenants right to
occupy begins after January 1, 2003.
(4) To remedy future defaults by the tenant in
any obligation under the rental agreement to
restore, replace, or return personal property
or appurtenances, exclusive of ordinary wear
and tear, if the security deposit is authorized
to be applied thereto by the rental
agreement.
1069
4-~ C.-\LIFCJRNlA
• ASSOCIATION
•• OF REALTORS®
..,.
RESIDENTIAL LEASE OR
MONTH-TO-MONTH RENTAL AGREEMENT
(C.A.R. Form RLMM, Revised 6/23)
Date -~1=21~1~9~'/2~0=2-'--3_ -------------~C~i-ty_o~f~B~a=n=n=in~g~----=----,----------,------("Tenant") and Wendy Craven Rental Property Owner, Authorized Broker or Agent, or Property Manager ("Housing Provider"), agree as follows ("Agreement"):
1. PROPERTY:
A. Housing Provider rents to Tenant and Tenant rents from Housing Provider, the real property and improvements described as:
90 N 22nd St, Banning, CA 92220 ("Premises").
8. The Premises are for the sole use as a personal residence by the following named person(s) only: Tenant(s) placed by the City of Banning
Any person in the Premises, other than those listed in this paragraph are considered guests. Guests are not permitted to stay more than 14 (orD_) days without Housing Provider's written consent.
C. The following personal property, maintained pursuant to paragraph 11, is included: window coverings, cooktop, fridge, microwave or D (if checked) the personal property on the attached addendum is included.
D. The Premises may be subject to a local rent control ordinance----,---~----------------
2. TERM: The term begins on (date) 01/01/2024 ("Commencement Date"). If Tenant has not paid all amounts then due; (i) Tenant has no right to possession or keys to the premi"ses and;,(4i) this Agreement is voidable at the option of Housing Provider, 2 calendar days after giving Tenant a Notice to Pay·(C.A.R. Form PPN). Notice may be delivered to Tenant (i) in person; (ii) by mail to Tenant's last known address; or (iii) by email, if provided in Tenant's application or previously used by Tenant to communicate with Housing Provider or it's agent. If Housing Provider elects to void the lease, Housing Provider shall refund to Tenant all rent and security deposit paid .
.{fheck A or 8):
LJ A. Month-to-Month: This Agreement continues from the commencement date as a month-to-month tenancy. Tenant may terminate the tenancy by giving written notice at least 30 days prior to the intended termination date. Tenant shall be responsible for paying rent through the termination date even if moving out early. Housing Provider may terminate the tenancy by giving written notice as provided by law. Such notices may be given on any date. [xi 8. Lease: This Agreement shall terminate on {date) 12/31/2025 at 12 DAM/ 00 PM. Tenant shall vacate the Premises upon termination of the Agreement, unless: (i) Housing Provider and Tenant have extended this Agreement in writing or signed a new agreement; (ii) mandated by any rent increase cap or just cause eviction control under any state or local law; or (iii) Housing Provider accepts Rent from Tenant (other than past due Rent), in which case a month-to-month tenancy shall be created which either party may terminate as specified in paragraph 2A. Rent shall be at a rate agreed to by Housing Provider and Tenant, or as allowed by law. All other terms and conditions of this Agreement shall remain in full force and effect.
3. RENT: "Rent" shall mean all monetary obligations of Tenant to Housing Provider under the terms of the Agreement, except security deposit.
A. Tenant agrees to pay $1,000.00 per month for the term of the Agreement.
B. Rent is payable in advance on the 1st (or 0--,-,-..,.,...___,.-=) day of each calendar month, and is delinquent on the next day.
C. If Commencement Date falls on any day other than the day Rent is payable under paragraph 3B, and Tenant has paid one full month's Rent in advance of Commencement Date, Rent for the second calendar month shall be prorated and Tenant shall pay 1 /30th of the monthly rent per day for each day remaining in the prorated second month.
D. PAYMENT:
(1) Rent shall be paid by IKJ personal check, IKJ mone~rder, IKJ cashier's check, made payable to Haskell Real Estate Inc. ---,,--r-~-----------=---~· LJ wire/electronic payment to c--c-~----=--~~~----' or LJ other_...,.....,~-,----,----,-- . Payment via electronic apps such as PayPal or Ven mo will not (0 will) be accepted. (2) Rent shall be delivered to (name) "-'H=a=s'"'"ke;:;.;l.c....l '-'R=e=al;..;E=.;sa.at~a=te=--'l"'n=c-'--. ____________________ _ (whose phone number is) (951)849-4521 at (address) 55 N 8th St Bannin CA 92220 (or at any other location subsequently specified by Housing Provider in writing to Tenant) (and if checked, rent may be paid personally, between the hours of 9am and 5pm on the following days M-F or 24ll througn door slot ). (3) If any payment is returned for non-sufficient funds ("NSF") or because tenant stops payment, then, after that: (i) Housing Provider may, in writing, require Tenant to pay Rent in cash for three months and (ii) all future Rent shall be paid by 00 money order, or IKJ cashier's check.
E. Rent payments received by Housing Provider shall be applied to the earliest amount(s) due or past due.
4. SECURITY DEPOSIT:
A. Tenant agrees to pay $1,000.00 as a security deposit. Security deposit will be OOtransferred to and held by the Owner of the Premises, or LJ held in Owner's Broker's trust account.
B. All or any portion of the security deposit may be used, as reasonably necessary, to: (i) cure Tenant's default in payment of Rent {which includes Late Charges, NSF fees or other sums due); (ii) repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest, invitee or licensee of Tenant; (iii) clean Premises, if necessary, upon termination of the tenancy; and (iv) replace or return personal property or appurtenances. SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU OF PAYMENT OF LAST MONTH'S RENT. If all or any portion of the security deposit is used during the tenancy, Tenant agrees to reinstate the total security deposit within 5 days after written notice is delivered to Tenant. Within 21 days after Tenant vacates the Premises, Housing Provider shall: (1) furnish Tenant an itemized statement indicating the amount of any security deposit received and the basis for its disposition and supporting documentation as required by California Civil Code§ 1950.5(9); and (2) return any remaining portion of the security deposit to Tenant. © 2023. California Association of REAL TORS®, Inc.
Tenant's Initials ___ _ __ Housing Providers Initials
RLMM REVISED 6/23 (PAGE 1 OF 9)
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT RLMM PAGE 1 OF 9 Haskell Real Estate Inc., 55 N 8th St Banning CA 92220 Phone: (951)809-1985 Fax: Cierra Ornelas Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www 1watt com {s)
EQUAL HOUSING DF>PORTUNITV
146
1070
Premises: 90 N 22nd St, Banning, CA 92220 Date: -'-1=2/_,_1=9!.-=2-"'02::..,3'---------- C. Security deposit will not be returned until all Tenants have vacated the Premises and all keys returned. Any security deposit returned by check shall be made out to all Tenants named on this Agreement, or as subsequently modified.
0. No interest will be paid on security deposit unless required by local law.
E. If the security deposit is held by Owner, Tenant agrees not to hold Broker responsible for its return. If the security deposit is held in Owner's Broker's trust account, and Broker's authority is terminated before expiration of this Agreement, and security deposit is released to someone other than Tenant, then Broker shall notify Tenant, in writing, where and to whom security deposit has been released. Once Tenant has been provided such notice, Tenant agrees not to hold Broker responsible for the security deposit.
5. MOVE-IN COSTS RECEIVED/DUE: Move-in funds shall be paid by D personal check, D money order, D cashier's check, or Dwire/ electronic payment.
Category Total Due Payment Received Balance Due Due Date Payable To Rent from 01/01/2024
to 12/31/2025 (date) $24,000.00 $24,000.00 01/01/2024 Haskell Real Estate Inc. *Security Deposit $1,000.00 $1,000.00 01/01/2024 Haskell Real Estate Inc.
Other
Other
Total $25,000.00 $25,000.00 01/01/2024 Haskell Real Estate Inc. * The maximum amount of security deposit, however designated, cannot exceed two months' Rent for an unfurnished premises, or three months' Rent for a furnished premises, in addition to any rent for the first month paid on or before initial occupancy. This limitation does not prohibit the payment of "advance rent" of not less than six months' rent if the term of the lease is six months or longer.
6. LATE CHARGE; RETURNED CHECKS:
A. Tenant acknowledges either late payment of Rent or issuance of a returned check may cause Housing Provider to incur costs and expenses, the exact amounts of which are extremely difficult and impractical to determine. These costs may include, but are not limited to, processing, enforcement and accounting expenses, and late char~s imposed on Housing Provider. If any installment of Rent due from Tenant is not received by Housing Provider within 5 (or LJ ) calendar days after the date due, or if a check is returned, Tenant shall pay to Housing Provider, respectively, an additional sum of $35 plus 5% or ___ % of the Rent due as a Late Charge and $25.00 as a NSF fee for the first returned check and $35.00 as a NSF fee for each additional returned check, either or both of which shall be deemed additional Rent.
B. Housing Provider and Tenant agree that these charges represent a fair and reasonable estimate of the costs Housing Provider may incur by reason of Tenant's late or NSF payment. Any Late Charge or NSF fee due shall be paid with the current installment of Rent. Housing Provider's acceptance of any Late Charge or NSF fee shall not constitute a waiver as to any default of Tenant.
Housing Provider's right to collect a Late Charge or NSF fee shall neither be deemed an extension of the date Rent is due under paragraph 3 nor prevent Housing Provider from exercising any other rights and remedies under this Agreement and as provided by law.
7. PARKING: (Check A or B)
00 A. Parking is permitted as follows: Street! one spot in back of lot, if available The right to parking Dis 00 is not included in the Rent charged pursuant to paragraph 3. If not included in the Rent, th~ parking rental fee shall be an additional $ ______ per month. Parking space(s) are to be used only for parking properly registered and operable motor vehicles, except for trailers, boats, campers, buses or trucks (other than pick-up trucks). Tenant shall park in assigned space(s) only. Parking space(s) are to be kept clean. Vehicles leaking oil, gas or other motor vehicle fluids shall not be parked on the Premises. Mechanical work, or storage of inoperable vehicles, or storage of any kind is not permitted in parking space(s) or elsewhere on the Premises except as specified in paragraph 8.
OR D B. Parking is not permitted on the real property of which the Premises is a part.
8. STORAGE: (Check A or B) 00 A. Storage is permitted as follows: Inside The right to separate storage spa _c_e-rO--,.-is-,'oo-..is_n_ot:-, -;-i n-c-,-lu-d--;--e-d-;-,-in-:t-;-h-e--;cR=-e-n-:-t-c-;-h-a-rg-e-:d,-p_u_r-su_a_n-:t-:to_p_a-ra_g_r_a_p--;--h-:3=-.-:1-=-f -no-:tc-ci-n-,cl,-u-:d--,ed in the Rent, storage space fee shall be an additional $-,..,-----,,,----~Per month. Tenant shall store only personal property Tenant owns, and shall not store property claimed by another or in which another has any right, title or interest.
Tenant shall not store any improperly packaged food or perishable goods, flammable materials, explosives, hazardous waste or other inherently dangerous material, or illegal substances.
OR D B. Except for Tenant's personal property, contained entirely within the Premises, storage is not permitted on the Premises.
9. UTILITIES: Tenant agrees to pay for all utilities and services, and the following charges: a// . except water/ trash , which shall be paid for by Housing Provider, or Das agreed on a separate addendum. If any utilities are not separately metered, Tenant shall pay Tenant's proportional share, as reasonably determined and directed by Housing Provider. If utilities are separately metered, Tenant shall place utilities in Tenant's name as of the Commencement Date. Housing Provider is only responsible for installing and maintaining one usable telephone jack and one telephone line to the Premises. Tenant shall pay any cost for conversion from existing utilities service provider.
D A. Water Submeters: Water use on the Premises is measured by a submeter and Tenant will be separately billed for water usage based on the submeter. See attached Water Submeter Addendum (CAR. Form WSM) for additional terms.
D B. Gas Meter: The Premises does not have a separate gas meter. D C. Electric Meter: The Premises does not have a separate electrical meter.
10. CONDITION OF PREMISES: Tenant has examined Premises and, if any, all furniture, furnishings, appliances, landscaping and fixtures, including smoke alarm(s) and carbon monoxide detector(s). if heck all that apply:)
LJ A. Tenant's acknowledgment of the condition of these items is contained in an attached statement of condition (C.A.R. Form MIi).
Tenant's Initials ___ Housing Providers Initials
RLMM REVISED 6/23 (PAGE 2 OF 9)
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (RLMM PAGE 2 OF 9) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www !wol(com 14(, 1071
Premises: 90 N 22nd St, Banning. CA 92220 Date: -'-1=21-'-1=91.-=2=02=3'------ D B. (i) Housing Provider will Deliver to Tenant a statement of condition (C.A.R. Form MIi) D within 3 days after execution of this Agreement; D prior to the Commencement Date; D within 3 days after the Commencement Date. (ii) Tenant shall complete and return the MIi to Housing Provider within 3 (or D __J days after Delivery. Tenant's failure to return the MIi within that time shall conclusively be deemed Tenant's Acknowledgement of the condition as stated in the MIi. D C. Tenant will provide Housing Provider a list of items that are damaged or not in operable condition within 3 (or D __J days after Commencement Date, not as a contingency of this Agreement but rather as an acknowledgment of the condition of the Premises.
Ix] D. Other: Tenant shall provide a list of items in non-operable or damaged condition within 14 days of move in.
11. MAINTENANCE USE AND REPORTING:
A. Tenant shall properly use, operate and safeguard Premises, including if applicable, any landscaping, furniture, furnishings and appliances, and all mechanical, electrical, gas and plumbing fixtures, carbon monoxide detector(s) and smoke alarms, and keep them and the Premises clean, sanitary and well ventilated. Tenant shall be responsible for any additional phone lines beyond the one line and jack that Housing Provider shall provide and maintain. Tenant shall replace any burned out or malfunctioning light bulbs. Tenant shall immediately notify Housing Provider, in writing, of any problem, malfunction or damage with any item including carbon monoxide detector(s) and smoke alarms on the property. Tenant shall be charged for all repairs or replacements caused by Tenant, pets, guests or licensees of Tenant, excluding ordinary wear and tear. Tenant shall be charged for all damage to Premises as a result of failure to report a problem in a timely manner. Tenant shall be charged for repair of drain blockages or stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines.
B. D Housing Provider Ix] Tenant shall water the garden, landscaping, trees and shrubs, except: __________ _ C. Ix] Housing Provider Tenant shall maintain the garden, landscaping, trees and shrubs, except: _________ _ D. D Housing Provider Ix] Tenant shall maintain Area around unit .
E. Housing Provider and Tenant agree that State or local water use restrictions shall supersede any obligation of Housing Provider or Tenant to water or maintain any garden, landscaping, trees or shrubs pursuant to paragraphs 11 B, 11C, and 11 D.
F. Tenant's failure to maintain any item for which Tenant is responsible shall give Housing Provider the right to hire someone to perform such maintenance and charge Tenant to cover the cost of such maintenance.
G. The following items of personal property are included in the Premises without warranty and Housing Provider will not maintain, repair or replace them: All items listed in paragraph C .
H. Tenant understands that if Premises is located in a Common Interest Development, Housing Provider may not have authority or control over certain parts of the Premises such as roof, electrical, gas or plumbing features inside certain walls, and common areas such as landscaping, shared parking structure or garage.
I. Tenant shall not use the premises to plant, grow, cultivate or sell marijuana.
12. NEIGHBORHOOD CONDITIONS: Tenant is advised to satisfy himself or herself as to neighborhood or area conditions, including, but not limited to, schools, proximity and adequacy of law enforcement, crime statistics, proximity of registered felons or offenders, fire protection, other governmental services, availability, adequacy and cost of any wired, wireless internet connections or other telecommunications or other technology services and installations, proximity to commercial, industrial or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, wild and domestic animals, other nuisances, hazards, or circumstances, cemeteries, facilities and condition of common areas, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Tenant.
13. ANIMALS: Unless otherwise provided in California Civil Code§ 54.2, or other law, no animal or pet shall be kept on or about the Premises without Housing Provider's prior written consent, D except as agreed to in the attached Animal Terms and Conditions Addendum (C.A.R. Form ATCA).
14. SMOKING:
A. (i) Tenant is responsible for all damage caused by smoking including, but not limited to stains, burns, odors and removal of debris; (ii) Tenant acknowledges that in order to remove odor caused by smoking, Housing Provider may need to replace carpet and drapes and paint the entire premises regardless of when these items were last cleaned, replaced or repainted.
Such actions and other necessary steps will impact the return of any security deposit.
B. The Premises or common areas may be subject to a local non-smoking ordinance.
C. NO SMOKING of any substance is allowed on the Premises or common areas. If smoking does occur on the Premises or common areas, {i) Tenant is in material breach of this Agreement; (ii) Tenant, guests, and all others may be required to leave the Premises. Ix] Smoking of the following substances only is allowed: outdoors .
15. RULES/REGULATIONS:
A. Tenant agrees to comply with all Housing Provider rules and regulations that are at any time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests, invitees and licensees of Tenant shall not, disturb, annoy, endanger or interfere with other tenants of the building or neighbors, or use the Premises for any unlawful purposes, under federal, state or local law including, but not limited to, using, manufacturing, selling, storing or transporting illicit drugs or other contraband, or violate any law or ordinance, or commit a waste or nuisance on or about the Premises.
B. ill applicable, check one)
LJ (1) Housing Provider shall provide Tenant with a copy of the rules and regulations within __ days or _____ _ OR D (2) Tenant has been provided with, and acknowledges receipt of, a copy of the rules and regulations.
16. 0 (If checked) CONDOMINIUM; PLANNED UNIT DEVELOPMENT:
A. The Premises are a unit in a condominium, planned unit development, common interest subdivision or other development governed by a homeowners' association ("HOA"). The name of the HOA is ---~------------- Tenant agrees to comply with all HOA covenants, conditions and restrictions, bylaws, rules and regulations and decisions ("HOA Rules"). Tenant shall reimburse Housing Provider for any fines or charges imposed by HOA or other authorities, due to any violation by Tenant, or the guests or licensees of Tenant or Housing Provider shall have the right to deduct such amounts from the security deposit.
Tenant's Initials ___ Housing Providers Initials
RLMM REVISED 6/23 (PAGE 3 OF 9)
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (RLMM PAGE 3 OF 9) Produced with Lone Woff Transactions (zlpForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www !wolf com 146 ~ EQUAL HOUSING
CPPDRTUNl"l'1'
1072
Premises: 90 N 22nd St, Banning. CA 92220 Date: -'-1=2/..,_1""91.-=2-"'02""3.__ ___ _ B. If applicable, Tenant is required to pay a fee to the HOA to gain access to certain areas within the development such as but not necessarily including or limited to the front gate, pool, and recreational facilities. If not specified in paragraph 5, Tenant is solely responsible for payment and satisfying any HOA requirements prior to or upon or after the Commencement Date. (1) Housing Provider shall provide Tenant with a copy of the HOA Rules within __ days or ________ _ OR (2) Tenant has been provided with, and acknowledges receipt of, a copy of the HOA Rules.
C. Bheck one)
17. ALTERATIONS; REPAIRS: Unless otherwise specified by law or paragraph 25C, without Housing Provider's prior written consent, (i) Tenant shall not make any repairs, alterations or improvements in or about the Premises including: painting, wallpapering, adding or changing locks, installing antenna or satellite dish(es), placing signs, displays or exhibits, or using screws, fastening devices, large nails or adhesive materials; (ii) Housing Provider shall not be responsible for the costs of alterations or repairs made by Tenant; (iii) Tenant shall not deduct from Rent the costs of any repairs, alterations or improvements; and (iv) any deduction made by Tenant shall be considered unpaid Rent.
18. KEYS; LOCKS:
A. Tenant acknowledges receipt of (or Tenant will receive D prior to the Commencement Date or D )· ' lxJ 2 key(s) to Premises, n remote control device(s) for garaae door/aate ooener(s), □ key(s) to mailbox, □ '
□ key(s) to common area(s), □ '
B. Tenant acknowledges that locks to the Premises IKJhave, D have not, been re-keyed.
C. If Tenant re-keys existing locks or opening devices, Tenant shall immediately deliver copies of all keys to Housing Provider.
Tenant shall pay all costs and charges related to loss of any keys or opening devices. Tenant may not remove locks, even if installed by Tenant.
19. ENTRY:
A. Tenant shall make Premises available to Housing Provider or Housing Provider's representative for the purpose of entering to make necessary or agreed repairs (including, but not limited to, installing, repairing, testing, and maintaining smoke detectors and carbon monoxide devices, and bracing, anchoring or strapping water heaters, or repairing dilapidation relating to the presence of mold), decorations, alterations, or improvements; or supplying necessary or agreed services; or to show Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, contractors and others (collectively "Interested Persons"). Tenant agrees that Housing Provider, Broker and Interested Persons may take photos of the Premises.
B. Housing Provider and Tenant agree that 24-hour written notice shall be reasonable and sufficient notice, except as follows:
(1) 48-hour written notice is required to conduct an inspection of the Premises prior to the Tenant moving out, unless the Tenant waives the right to such notice.
(2) If Housing Provider has in writing informed Tenant that the Premises are for sale and that Tenant will be notified orally to show the premises (C.A.R. Form NSE), then, for the next 120 days following the delivery of the NSE, notice may be given orally to show the Premises to actual or prospective purchasers. (3) No written notice is required if Housing Provider and Tenant orally agree to an entry for agreed services or repairs if the date and time of entry are within one week of the oral agreement. (4) No notice is required: (i) to enter in case of an emergency; (ii) if the Tenant is present and consents at the time of entry; or (iii) if the Tenant has abandoned or surrendered the Premises.
C. 0 (If checked) Tenant authorizes the use of a keysafe/lockbox to allow entry into the Premises and agrees to sign a keysafe/ lockbox addendum (C.A.R. Form KLA).
20. PHOTOGRAPHS AND INTERNET ADVERTISING:
A. In order to effectively market the Premises for sale or rental it is often necessary to provide photographs, virtual tours and other media to Interested Persons. Tenant agrees that Broker may photograph or otherwise electronically capture images of the exterior and interior of the Premises ("Images") for static and/or virtual tours of the Premises by Interested Persons for use on Broker's website, the MLS, and other marketing materials and sites. Tenant acknowledges that once Images are placed on the Internet neither Broker nor Housing Provider has control over who can view such Images and what use viewers may make of the Images, or how long such Images may remain available on the Internet. Tenant is advised to store or otherwise remove from view, anything of a personal nature which Tenant would not want to appear in any Images, including but not limited to, family photos, documents, or other valuables.
B. Tenant acknowledges that prospective Interested Persons coming onto the Premises may take photographs, videos or other images of the Premises. Tenant understands that Broker does not have the ability to control or block the taking and use of Images by any such persons. Once Images are taken and/or put into electronic display on the Internet or otherwise, neither Broker nor Housing Provider has control over who views such Images nor what use viewers may make of the Images.
21. SIGNS: Tenant authorizes Housing Provider to place FOR SALE/LEASE signs on the Premises.
22. ASSIGNMENT; SUBLETTING:
A. Tenant shall not sublet all or any part of Premises, or parking or storage spaces, or assign or transfer this Agreement or any interest in it, without Housing Provider's prior written consent. Unless such consent is obtained, any assignment, transfer or subletting of Premises or this Agreement or tenancy, by voluntary act of Tenant, operation of law or otherwise, shall, at the option of Housing Provider, terminate this Agreement. Any proposed assignee, transferee or sublessee shall submit to Housing Provider an application and credit information for Housing Provider's approval and, if approved, sign a separate written agreement with Housing Provider and Tenant. Housing Provider's consent to any one assignment, transfer or sublease, shall not be construed as consent to any subsequent assignment, transfer or sublease and does not release Tenant of Tenant's obligations under this Agreement.
B. This prohibition also applies □ does not apply) to short term, vacation, and transient rentals such as, but not limited to, those arranged through AirBnB, VRBO, HomeAway or other short term rental services.
C. Any violation of this prohibition is a non-curable, material breach of this Agreement.
23. JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Tenant, each one shall be individually and completely responsible for the performance of all obligations of Tenant under this Agreement, jointly with every other Tenant, and individually, whether or not in possession.
Tenant's Initials ___ Housing Providers Initials
RLMM REVISED 6/23 (PAGE 4 OF 9)
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (RLMM PAGE 4 OF 9) Produced with Lone Wolf Transactions (zlpForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www !wolf.com 146 1073
Premises: 90 N 22nd St, Banning, CA 92220 Date: ..,_1=-2/_..,_1=.,9/-=2=02=-=3,.__ ___ _
24. POSSESSION:
A. (1) Tenant is not in possession of the Premises. If Housing Provider is unable to deliver possession of Premises on Commencement Date, such Date shall be extended to the date on which possession is made available to Tenant. If Housing Provider is unable to deliver possession within 5 (or □---) calendar days after agreed Commencement Date, Tenant may terminate this Agreement by giving written notice to Housing Provider, and shall be refunded all Rent and security deposit paid.
OR .(l_) Possession is deemed terminated when Tenant has returned all keys to the Premises to Housing Provider.
B. LJ Tenant is already in possession of the Premises.
25. TENANT'S OBLIGATIONS UPON VACATING PREMISES:
26. 27.
28. 29.
30. 31.
32 33.
A. Upon termination of this Agreement, Tenant shall: (i) give Housing Provider all copies of all keys and any opening devices to Premises, including any common areas; (ii) vacate and surrender Premises to Housing Provider, empty of all persons; and personal property belonging to Tenant (iii) vacate any/all parking and/or storage space; (iv) clean and deliver Premises, as specified in paragraph C below, to Housing Provider in the same condition as referenced in paragraph 1 O; (v) remove all debris; (vi) give written notice to Housing Provider of Tenant's forwarding address; and (vii) ___________ _ B. All alterations/improvements made by or caused to be made by Tenant, with or without Housing Provider's consent, become the property of Housing Provider upon termination. Housing Provider may charge Tenant for restoration of the Premises to the condition it was in prior to any alterations/improvements.
C. Right to Pre-Move-Out Inspection and Repairs: (i) After giving or receiving notice of termination of a tenancy (CAR. Form NTT), or before the expiration of this Agreement, Tenant has the right to request that an inspection of the Premises take place prior to termination (CAR. Form NRI). If Tenant requests such an inspection, Tenant shall be given an opportunity to remedy identified deficiencies prior to termination, consistent with the terms of this Agreement. (ii) Any repairs or alterations made to the Premises as a result of this inspection (collectively, "Repairs") shall be made at Tenant's expense. Repairs may be performed by Tenant or through others, who have adequate insurance and licenses and are approved by Housing Provider. The work shall comply with applicable law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. It is understood that exact restoration of appearance or cosmetic items following all Repairs may not be possible. (iii) Tenant shall: (a) obtain receipts for Repairs performed by others; (b) prepare a written statement indicating the Repairs performed by Tenant and the date of such Repairs; and (c) provide copies of receipts and statements to Housing Provider prior to termination. Paragraph 25C does not apply when the tenancy is terminated pursuant to California Code of Civil Procedure§ 1161 (2), (3), or (4 ).
BREACH OF CONTRACT; EARLY TERMINATION: In addition to any obligations established by paragraph 25, in the event of termination by Tenant prior to completion of the original term of the Agreement or any extension, Tenant shall also be responsible for lost Rent, rental commissions, advertising expenses and painting costs necessary to ready Premises for re-rental. Housing Provider may withhold any such amounts from Tenant's security deposit.
TEMPORARY RELOCATION: Subject to local law, Tenant agrees, upon demand of Housing Provider, to temporarily vacate Premises for a reasonable period, to allow for fumigation (or other methods) to control wood destroying pests or organisms, or other repairs to Premises. Tenant agrees to comply with all instructions and requirements necessary to prepare Premises to accommodate pest control, fumigation or other work, including bagging or storage of food and medicine, and removal of perishables and valuables.
Tenant shall only be entitled to a credit of Rent equal to the per diem Rent for the period of time Tenant is required to vacate Premises.
DAMAGE TO PREMISES: If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other casualty that render Premises totally or partially uninhabitable, either Housing Provider or Tenant may terminate this Agreement by giving the other written notice. Rent shall be abated as of the date Premises become totally or partially uninhabitable.
The abated amount shall be the current monthly Rent prorated on a 30-day period. If the Agreement is not terminated, Housing Provider shall promptly repair the damage, and Rent shall be reduced based on the extent to which the damage interferes with Tenant's reasonable use of Premises. If damage occurs as a result of an act of Tenant or Tenant's guests, only Housing Provider shall have the right of termination, and no reduction in Rent shall be made.
INSURANCE:
A. Tenant's, guest's, invitees or licensee's personal property and vehicles are not insured by Housing Provider, manager or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Tenant is advised to carry Tenant's own insurance (renter's insurance) to protect Tenant from any such loss or damage.
B. Tenant shall comply with any requirement imposed on Tenant by Housing Provider's insurer to avoid: (i) an increase in Housing Provider's insurance premium (or Tenant shall pay for the increase in premium); or (ii) loss of insurance.
C. D Tenant shall obtain liability insurance, in an amount not less than $,_,...--------,-~• naming Housing Provider and, if applicable, Property Manager as additional insured for injury or damage to, or upon, the Premises during the term of this agreement or any extension. Tenant shall provide Housing Provider a copy of the insurance policy before commencement of this Agreement, and a rider prior to any renewal.
WATERBEDS/PORTABLE WASHERS: Tenant shall not use or have waterbeds on the Premises unless: (i) Tenant obtains a valid waterbed insurance policy; (ii) Tenant increases the security deposit in an amount equal to one-half of one month's Rent; and (iii) the bed conforms to the floor load capacity of Premises. Tenant shall not use on the Premises D Portable Dishwasher D Portable Washing Machine.
WAIVER: The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach.
NOTICE: Notices may be served at the following address, or at any other location subsequently designated:
Housing Provider: Wendy Craven Tenant: ""C""it=v-'o'-'f-=B"-'a=n=n=i=ng.,_ ____________ _ c/o Haskell Real Estate Inc. 55 N 8th St ~9___,_0___,_N~2=2=n~d~S~t~---------------- Banning, CA 92220 =B-=a=n=m=·n,.,g,_, =CAc...c..-=9-=2=22""0'--------------- TENANT ESTOPPEL CERTIFICATE: Tenant shall execute and return a tenant estoppel certificate delivered to Tenant by Housing Provider or Housing Provider's agent within 3 days after its receipt (CAR. Form TEC). Failure to comply with this requirement shall be deemed Tenant's acknowledgment that the tenant estoppel certificate is true and correct, and may be relied upon by a lender or purchaser.
Tenant's Initials ___ Housing Providers Initials
RLMM REVISED 6/23 (PAGE 5 OF 9)
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (RLMM PAGE 5 OF 9) Produced with Lone Wolf Transactions (z1pForrn Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 146 1074
Premises: 90 N 22nd St, Banning. CA 92220 Date: ~12=1~19~12=0~2=3 ___ _
34. REPRESENTATION
A. TENANT REPRESENTATION; OBLIGATIONS REGARDING OCCUPANTS; CREDIT: Tenant warrants that all statements in Tenant's rental application are accurate. Housing Provider requires all occupants 18 years of age or older and all emancipated minors to complete a lease rental application. Tenant acknowledges this requirement and agrees to notify Housing Provider when any occupant of the Premises reaches the age of 18 or becomes an emancipated minor. Tenant authorizes Housing Provider and Broker(s) to obtain Tenant's credit during the tenancy in connection with a modification of this Agreement. Before occupancy begins, Housing Provider may cancel this Agreement upon disapproval of the credit report(s) or upon discovering that information in Tenant's application is false. During the tenancy, Housing Provider may reject any such modification upon disapproval of the credit report(s) obtained in connection with the modification. A negative credit report reflecting on Tenant's record may be submitted to a credit reporting agency if Tenant fails to fulfill the terms of payment and other obligations under this Agreement.
B. HOUSING PROVIDER REPRESENTATIONS: Housing Provider warrants that, unless otherwise specified in writing, Housing Provider is unaware of (i) any recorded Notices of Default affecting the Premise; (ii) any delinquent amounts due under any loan secured by the Premises; and (iii) any bankruptcy proceeding affecting the Premises.
35. MEDIATION:
A. Consistent with paragraphs B and C below, Housing Provider and Tenant agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to court action. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action.
B. The following matters are excluded from mediation: (i) an unlawful detainer action; (ii) the filing or enforcement of a mechanic's lien; and (iii) any matter within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver of the mediation provision.
C. Housing Provider and Tenant agree to mediate disputes or claims involving Listing Agent, Leasing Agent or property manager ("Broker"), provided Broker shall have agreed to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to such Broker. Any election by Broker to participate in mediation shall not result in Broker being deemed a party to this Agreement.
36. ATTORNEY FEES: In any action or proceeding arising out of this Agreement, the prevailing party between Housing Provider and Tenant shall be entitled to reasonable attorney fees and costs collectively not to exceed $1,000 (or$ ______ ~, except as provided in paragraph 35A.
37. C.A.R. FORM: CAR. Form means the specific form referenced or another comparable form agreed to by the parties.
38. DISCLOSURES:
A. [Kl MOLD AND DAMPNESS: Exposure to mold may have potential healt~ risks. Tenant acknowledges receipt of the attached booklet titled, "Information on Dampness and Mold for Renters in California" before signing this Residential Lease or Month-toMonth Rental Agreement.
B. PERIODIC PEST CONTROL: D Premises is a house. Tenant is responsible for periodic pest control treatment.
C. BED BUGS: Housing Provider has no knowledge of any infestation in the Premises by bed bugs. See attached Bed Bug Disclosure (CAR. Form BBD) for further information. Tenant shall report suspected bed bug infestation to Housing Provider or, if applicable, property manager and cooperate with any inspection for and treatment of bed bugs. Housing Provider will notify tenants of any units infested by bed bugs.
D. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to§ 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. (Neither Housing Provider nor Brokers, if any, are required to check this website. If Tenant wants further information, Tenant should obtain information directly from this website.)
E. 0 RESIDENTIAL ENVIRONMENTAL HAZARDS BOOKLET: Tenant acknowledges receipt of the residential environmental hazards booklet.
F. FLOOD HAZARD DISCLOSURE: Flooding has the potential to cause significant damage to personal property owned by Tenant. See attached Tenant Flood Hazard Disclosure (CAR. Form TFHD) for additional information.
G. 0 OTHER MATERIAL FACTS: -------------------------------- H. ADDITIONAL DISCLOSURES: RPO shall make additional disclosures regarding the following matters on the attached Rental Property Owner Disclosure (CAR. Form RPOD): Lead-based Paint; Methamphetamine Contamination; Periodic Pest Control Contracts; Water Submeters; Mold; Asbestos; Homeowners Associations/Condominiums/Planned Developments; Military Ordnance Locations; Death on the Premises.
39. SERVICEMEMBERS CIVIL RELIEF ACT: Notwithstanding anything to the contrary in paragraphs 2, 4, 26 or elsewhere in this Agreement, the Servicemembers Civil Relief Act applies to this Agreement and any effort to terminate it, as specified in§§ 3951 and 3955 of the Act.
40. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the parties are incorporated in this Agreement. Its terms are intended by the parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed except in writing. This Agreement is subject to California Housing Provider-tenant law and shall incorporate all changes required by amendment or successors to such law. This Agreement and any supplement, addendum or modification, including any copy, may be signed in two or more counterparts, all of which shall constitute one and the same writing.
Tenant's Initials ___ Housing Providers Initials
RLMM REVISED 6/23 (PAGE 6 OF 9)
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (RLMM PAGE 6 OF 9) Produced with Lone Wo~ Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www lwott com 146 Gt
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Premises: 90 N 22nd St, Banning, CA 92220 Date: 12/19/2023
41. AGENCY:
A. CONFIRMATION: The following agency relationship(s) are hereby confirmed for this transaction:
Housing Provider's Brokerage Firm Haskell Real Estate Inc. License Number 00523943 Is the broker of (check one): [Kl the Housing Provider; or LJ both the Tenant and Housing Provider (Dual Agent).
Housing Provider's Agent Cierra Ornelas License Number 02126283 Is (check one): [Kithe Housing Provider's Agent. (salesperson or broker associate); or LJboth the Tenant's and Housing Provider's Agent (Dual Agent).
Tenant's Brokerage Firm-------~------------- License Number ______ _ Is the broker of (check one): LJ the Tenant; or LJ both the Tenant and Housing Provider. (Dual Agent).
Tenant's Agent.-,-----,-------=-------,----,--------,--:--------:--,------,.....,.,---,----,,-----= License Number ______ _ Is (check one): LJ the Tenant's Agent. (salesperson or broker associate); or LJ both the Tenant's and Housing Provider's Agent (Dual Agent).
B. DISCLOSURE: D (If checked): The term of this Agreement exceeds one year. A disclosure regarding real estate agency relationships (C.A.R. Form AD) has been provided to Housing Provider and Tenant, who each acknowledge its receipt.
C. TERMINATION OF AGENCY RELATIONSHIP:
(1) Housing Provider and Tenant acknowledges and agrees that unless Broker is the property manager, or as specified in (2) below, once Housing Provider and Tenant enter into this Agreement, (i) Broker will not represent Owner in any manner regarding the management of the Premises; and (ii) Any representation duties that Broker may owe to, and any agency relationship that Broker may have with, either Housing Provider or Tenant, is terminated. (2) Notwithstanding paragraph 41C(1), Broker duties and responsibilities to either Housing Provider or Tenant will terminate upon the last to occur of the following (choose all that apply): D Tenant occupancy, LJ Delivering to Tenant keys or other means of entering the Premises, D Tenant walkthrough, D Completion of Move In Inspection (CAR. Form MIi).
42. D TENANT COMPENSATION TO BROKER: Upon execution of this Agreement, Tenant agrees to pay compensation to Broker as specified in a separate written agreement between Tenant and Broker.
43. NOTICE OF RIGHT TO RECEIVE FOREIGN LANGUAGE TRANSLATION OF LEASE/RENTAL AGREEMENTS: California Civil Code requires a Housing Provider or property manager to provide a tenant with a foreign language translation copy of a lease or rental agreement if the agreement was negotiated primarily in Spanish, Chinese, Korean, Tagalog or Vietnamese. If applicable, every term of the lease/rental needs to be translated except for, among others, names, dollar amounts and dates written as numerals, and words with no generally accepted non-English translation.
44. OWNER COMPENSATION TO BROKER: Upon execution of this Agreement, Owner agrees to pay compensation to Broker as specified in a separate written agreement between Owner and Broker (C.A.R. Form LL or LCA).
45. RECEIPT: If specified in paragraph 5, Housing Provider or Broker, acknowledges receipt of move-in funds.
46. OTHER TERMS AND CONDITIONS; If checked, the following ATTACHED documents are incorporated in this Agreement:
D Keysafe/Lockbox Addendum (CAR. Form KLA); 00 Lead-Based Paint and Lead-Based Paint Hazards Disclosure (C.A.R. Form LPD); 00 Lease/Rental Mold and Ventilation Addendum (CAR. Form LRM); D Housing Provider in Default Addendum (CAR. Form HPID); LJ Parking and Storage Disclosure (CAR. Form PSD); ixj Bed Bug Disclosure (CAR. Form BBD); 00 Tenant Flood Hazard Disclosure (CAR. Form TFHD); 00 Rent Cap and Just Cause Addendum (CAR. Form RCJC) LJ Other Documents/Addenda:---------------------------------- LJ Other Terms:---------------------------------------
47. LEGALLY AUTHORIZED SIGNER: Wherever the signature or initials of the Legally Authorized Signer identified in paragraphs 50 or 51 appear on this Agreement or any related documents, it shall be deemed to be in a representative capacity for the entity described and not in an individual capacity, unless otherwise indicated. The Legally Authorized Signer (i) represents that the entity for which that person is acting already exists and is in good standing to do business in California, and (ii) shall Deliver to the other Party, upon request, evidence of authority to act in that capacity (such as but not limited to: applicable portion of the trust or Certification Of Trust (Probate Code § 18100.5), letters testamentary, court order, power of attorney, corporate resolution, or formation documents of the business entity).
48. D INTERPRETER/TRANSLATOR: The terms of this Agreement have been interpreted for Tenant into the following language:
_________________ . Housing Provider and Tenant acknowledge receipt of the attached interpreter/ translator agreement (C.A.R. Form ITA).
49. The Premises is being managed by Owner, (or, if checked):
LJ Housing Provider's Brokerage Firm in Real Estate Brokerage section LJ Tenant's Brokerage Firm in Real Estate Brokers section 00 Property Management firm immediately below
Real Estate Broker (Property Manager) Haskell Real Estate Inc. DRE Lie# ~0~05~2~3~9~4~3 ___ _ (Agent) Cierra Ornelas DRE Lie# 02126283
------- Address 55 N 8th St Banning, CA 92220 Telephone# (951)849-4521 Housing Provider and Tenant acknowledge and agree Brokers: (a) do not guarantee the condition of the Premises; (b) cannot verify representations made by others; (c) cannot provide legal or tax advice; (d) will not provide other advice or information that exceeds the knowledge, education or experience required to obtain a real estate license. Furthermore, if Brokers are not also acting as Housing Provider in this Agreement, Brokers: (e) do not decide what rental rate a Tenant should pay or Housing Provider should accept; and (f) do not decide upon the length or other terms of this Agreement. Housing Provider and Tenant agree that they will seek legal, tax, insurance and other desired assistance from appropriate professionals.
Tenant's Initials ___ Housing Providers Initials
RLMM REVISED 6/23 (PAGE 7 OF 9)
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (RLMM PAGE 7 OF 9) Produced with Lone Wo~Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 146 1076
Premises: 90 N 22nd St, Banning, CA 92220 Date: -'-'12=-1=19=/=20"--'2,.,,3 ___ _
50. Tenant agrees to rent the Premises on the above terms and conditions.
A. D ENTITY TENANT: (Note: If this paragraph is completed, a Representative Capacity Signature Disclosure (CAR. Form RCSD) is not required for the Legally Authorized Signers designated below.) (1) One or more Tenant is a trust, corporation, LLC, probate estate, partnership, holding a power of attorney or other entity. (2) This Agreement is being Signed by a Legally Authorized Signer in a representative capacity and not for him/herself as an individual. See paragraph 47 for additional terms.
(3) The name(s) of the Legally Authorized Signer(s) is: _______________________ _ (4) If a trust, identify Tenant as trustee(s) of the trust or by simplified trust name (ex. John Doe, co-trustee, Jane Doe, co-trustee or Doe Revocable Family Trust).
(5) If the entity is a trust or under probate, the following is the full name of the trust or probate case, including case#: ___ _ B. TENANT SIGNATURE(S):
(Signature) By, _______________________________ Date: ______ _ Printed name of Tenant: -=C=it.,_y-=o"-f-=B"'a"'n""n""in=g.__ ___________________________ _ D Printed Name of Legally Authorized Signer: ______________ Title, if applicable, ______ _ Address 94C N 22nd St City Banning State CA Zip _9_22_2_0 __ _ Telephone ________ Text ________ E-mail __________________ _ (Signature) By, _______________________________ Date: ______ _ Printed name of Tenant:----------------------------------- □ Printed Name of Legally Authorized Signer: ______________ Title, if applicable, ______ _ Address ___________________ City State __ Zip ____ _
Telephone ________ Text ________ E-mail __________________ _ 0 IF MORE THAN TWO SIGNERS, USE Additional Signature Addendum (C.A.R. Form ASA).
D GUARANTEE: In consideration of the execution of this Agreement by and between Housing Provider and Tenant and for valuable consideration, receipt of which is hereby acknowledged, the undersigned ("Guarantor") does hereby: (i) guarantee unconditionally to Housing Provider and Housing Provider's agents, successors and assigns, the prompt payment of Rent or other sums that become due pursuant to this Agreement, including any and all court costs and attorney fees included in enforcing the Agreement; (ii) consent to any changes, modifications or alterations of any term in this Agreement agreed to by Housing Provider and Tenant; and (iii) waive any right to require Housing Provider and/or Housing Provider's agents to proceed against Tenant for any default occurring under this Agreement before seeking to enforce this Guarantee.
Guarantor (Print Name) __________________________________ _ Guarantor _____________________________ Date ________ _ Address City State __ Zip ____ _
Telephone ________ Text ________ E-mail __________________ _
51. Housing Provider (owner or D agent for owner) agrees to rent the Premises on the above terms and conditions.
A. D ENTITY HOUSING PROVIDER: (Note: If this paragraph is completed, a Representative Capacity Signature Disclosure (CAR. Form RCSD) is not required for the Legally Authorized Signers designated below.) (1) One or more Housing Provider is a trust, corporation, LLC, probate estate, partnership, holding a power of attorney or other entity.
(2) This Agreement is being Signed by a Legally Authorized Signer in a representative capacity and not for him/herself as an individual capacity. See paragraph 47 for additional terms. (3) The name(s) of the Legally Authorized Signer(s) is: _______________________ _ (4) If a trust, identify Housing Provider as trustee(s) of the trust or by simplified trust name (ex. John Doe, co-trustee, Jane Doe, co-trustee or Doe Revocable Family Trust).
(5) If the entity is a trust or under probate, the following is the full name of the trust or probate case, including case#: ___ _ B. HOUSING PROVIDER SIGNATURE(S):
(Signature) By, ______________________________ Date: ______ _ Printed name of Housing Provider: _W_e_n_d~y_C_r_a_v_e_n _________________________ _ D Printed Name of Legally Authorized Signer: ______________ Title, if applicable, ______ _ Address 55 N 8th St City Banning State CA Zip _92_2_2_0 __ _ Telephone (951)849-4521 Text ________ E-mail cierraorne/[email protected] (Signature) By, _______________________________ Date: ______ _ Printed name of Housing Provider:-------------------------------- □ Printed Name of Legally Authorized Signer: ______________ Title, if applicable, ______ _ Address ___________________ City State __ Zip ____ _
Telephone ________ Text ________ E-mail __________________ _ 0 IF MORE THAN TWO SIGNERS, USE Additional Signature Addendum (C.A.R. Form ASA).
RLMM REVISED 6/23 (PAGE 8 OF 9)
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (RLMM PAGE 8 OF 9) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www lwo!f com 146 1077
Premises: 90 N 22nd St, Banning, CA 92220 Date: 12/19/2023 REAL ESTATE BROKERS:
A. Real estate brokers who are not also Housing Provider under this Agreement are not parties to the Agreement between Housing Provider and Tenant.
B. Agency relationships are confirmed in paragraph 41.
C. COOPERATING BROKER COMPENSATION: Listing Broker agrees to pay Cooperating Broker (Leasing Firm) and Cooperating Broker agrees to accept: (i) the amount specified in the MLS, provided Cooperating Broker is a Participant of the MLS in which the Property is offered for sale or lease or a reciprocal MLS; or (ii) D (if checked) the amount specified in a separate written agreement between Listing Broker and Cooperating Broker.
Tenant's Brokerage Firm ____________________________ DRE Lie.# ______ _ ~~~ D~lli# ____ ~-----
Address ___________________ City _____________ State __ Zip _____ _ Telephone _________ Text _________ E-mail _____________________ _ Housing Provider's Brokerage Firm _H_a=sk~e~l~I R~ea~l~E=s~t=a~te~l=n=c~. _____________ DRE Lie. # 00523943 By (Agent) Cierra Ornelas DRE Lie.# 02126283 Date ____ _ Address 55 N 8th St City Banning State~ Zip -=-9=22=2=0'----- Telephone (951 )849-4521 Text _________ E-mail [email protected] © 2023, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REAL TORS®. It is not intended to identify the user as a REAL TOR®. REAL TOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REAL TORS® who subscribe to its Code of Ethics. IJ Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REAL TORS® • 525 South Virgil Avenue, Los Angeles, California 90020 RLMM REVISED 6/23 (PAGE 9 OF 9)
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (RLMM PAGE 9 OF 9) Produced with Lone Wolf Transactions (zlpForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www 1wolf com 146 1078
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BED BUG DISCLOSURE
California Civil Code §1954.603
(C.A.R. Form BBD, Revised 6/23)
The following terms and conditions are hereby incorporated in and made a part of the Residential Lease or Month-to-Month Rental Agreement, OR D Residential Lease After Sale, D other _____________________ ("Agreement"), dated 01/01/2024 , on property known as -=-9-=-0-'--'N'--'2=2=n=d'--'S=t,_, B=an=n=i=ng.._.,'-'C=A-'---'9=2=2=2-=-0 ________________ _ in which ---------------~C~it~v-'o=f-=B=-a=n=n=i=n,..g _______________ is referred to as "Tenant" and Wendy Craven is referred to as "Housing Provider".
INFORMATION ABOUT BED BUGS:
1. Bed Bug Appearance: Bed bugs have six legs. Adult bed bugs have flat bodies about 1/4 of an inch in length. Their color can vary from red and brown to copper colored. Young bed bugs are very small. Their bodies are about 1/16 of an inch in length. They have almost no color. When a bed bug feeds, its body swells, may lengthen, and becomes bright red, sometimes making it appear to be a different insect. Bed bugs do not fly. They can either crawl or be carried from place to place on objects, people, or animals. Bed bugs can be hard to find and identify because they are tiny and try to stay hidden.
2. Life Cycle and Reproduction: An average bed bug lives for about 10 months. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days.
3. Bed bugs can survive for months without feeding.
4. Bed Bug Bites: Because bed bugs usually feed at night, most people are bitten in their sleep and do not realize they were bitten.
A person's reaction to insect bites is an immune response and so varies from person to person. Sometimes the red welts caused by the bites will not be noticed until many days after a person was bitten, if at all.
5. Common signs and symptoms of a possible bed bug infestation:
• Small red to reddish brown fecal spots on mattresses, box springs, bed frames, mattresses, linens, upholstery, or walls. • Molted bed bug skins, white, sticky eggs, or empty eggshells. • Very heavily infested areas may have a characteristically sweet odor. • Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping. However, some people do not show bed bug lesions on their bodies even though bed bugs may have fed on them.
6. For more information, see the Internet Web sites of the United States Environmental Protection Agency and the National Pest Management Association.
7. Tenant shall report suspected infestations by bed bugs to the Housing Provider or Property Manager at the mailing, or email address or phone number provided in the Agreement and cooperate with any inspection for and treatment of bed bugs.
8. Housing Provider will notify tenants of any units inspected by a pest control operator of the findings by such an operator within 2 business days of the receipt of the findings. All Tenants will be notified of confirmed infestations within common areas.
Tenant agrees to release, indemnify, hold harmless and forever discharge Housing Provider and Housing Provider's employees, agents, successors and assigns from any and all claims, liabilities or causes of action of any kind that Tenant, members of Tenant's household or Tenant's guests or invitees may have at any time against Housing Provider or Housing Provider's agents resulting from the presence of bedbugs due to Tenant's failure to comply with this Bed Bug Disclosure.
The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledge receipt of a copy of this document.
Tenant (Signature) Date -------------------------------- ------- City of Banning Tenant (Signature) Date -------------------------------- ------- Housing Provider (Signature) Date ----------------------------- -------- Wendy Craven Housing Provider (Signature) Date ----------------------------- -------- © 2023, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REAL TORS®. It is not intended to identify the user as a REAL TOR®. REAL TOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REAL TORS® who subscribe to its Code of Ethics.
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOC/AT/ON OF REAL TORS® • 525 South Virgil Avenue, Los Angeles, California 90020 BBD REVISED 6/23 (PAGE 1 OF 1)
BED BUG DISCLOSURE BBD PAGE 1 OF 1
Haskell Real Estate Inc, 55 N 8th St Banning CA 92220 Phone: (951)809-1985 Fax:
Cierra Ornelas Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www 1watt com G:t !QUAI.MDUSING
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TENANT FLOOD HAZARD DISCLOSURE
(C.A.R. Form TFHD, Revised 6/23)
The following terms and conditions are hereby incorporated in and made a part of the Residential Lease or Month-toMonth Rental Agreement, OR D Residential Lease After Sale, D Other -------------------- date d 01/01/2024 , on property known as 90 N 22nd St, Banning, CA 92220 in which City of Banning is referred to as ("Tenant")
and Wendy Craven is referred to as ("Housing Provider").
INFORMATION ABOUT FLOOD HAZARDS: Tenant is informed of the following:
1. The Property is not located in a special flood hazard area or an area of potential flooding.
ORD The Property is located in a special flood hazard area or an area of potential flooding. Property is deemed to be in a special flood hazard area or area of potential flooding if any of the following scenarios apply:
A. The owner has actual knowledge of that fact.
B. The owner has received written notice from any public agency stating that the Property is located in a special flood hazard area or an area of potential flooding.
C. The Property is located in an area in which the owner's mortgage holder requires the owner to carry flood insurance.
D. The owner currently carries flood insurance.
2. The tenant may obtain information about hazards, including flood hazards, that may affect the Property from the Internet Web site of the Office of Emergency Services, My Hazards Tool (http://myhazards.caloes.ca.gov).
3. The owner's insurance does not cover the loss of the tenant's personal possessions and it is recommended that the tenant consider purchasing renter's insurance and flood insurance to insure his or her possessions from loss due to fire, flood, or other risk of loss.
4. The owner is not required to provide additional information concerning the flood hazards to the Property and that the information provided pursuant to this section (California Government Code section 8589.45) is deemed to inform the tenant.
The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledge receipt of a copy of this document.
Tenant (Signature) ______________________________ Date _______ _ City of Banning
Tenant (Signature) ______________________________ Date _______ _ Housing Provider (Signature) __________________________ Date _______ _ Wendy Craven
Housing Provider (Signature) __________________________ Date _______ _ © 2023, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REAL TORS®. It is not intended to identify the user as a REAL TOR®. REAL TOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REAL TORS® who subscribe to its Code of Ethics. IJ Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® • 525 South Virgil Avenue, Los Angeles, California 90020 TFHD Revised 6/23 (PAGE 1 OF 1)
TENANT FLOOD HAZARD DISCLOSURE TFHD PAGE 1 OF 1
Haskell Real Estate Inc., 55 N 8th St Banning CA 92220 Phone: (951)809-1985 Fax: 146 Cierra Ornelas Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www (wolf com 1080
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RENTCAPANDJUSTCAUSEADDENDUM
(Note: State or local laws may limit the availability of certain exemptions.
Check with a qualified California real estate attorney before proceeding.) (C.A.R. Form RCJC, Revised 6/23)
The following terms and conditions are hereby incorporated and made part of the Residential Lease or Month-to-Month Rental Agreement dated 01/01/2024 on property known as _____ 9_0_N_2_2_n_d_S_t~, _B_a~nn_,_·n-g~, ~C~A~92_2_2_0 ___ _ in which City of Banning is referred to as "Tenant"
and Wendy Craven is referred to as "Housing Provider".
I. RENT CAP AND JUST CAUSE ADDENDUM TERMS
With certain exemptions, Housing Provider may be subject to the rent cap and just cause eviction provisions of the Civil Code. Housing Provider informs Tenant of the following:
California law limits the amount your rent can be increased. See§ 1947.12 of the Civil Code for more information. California law also provides that after all Tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the Tenants has continuously occupied the property for 24 months or more, a Housing Provider must provide a statement of cause in any notice to terminate a tenancy. See§ 1946.2 of the Civil Code for more information.
II. EXEMPTIONS TO BOTH RENT CAP REQUIREMENTS AND JUST CAUSE EVICTIONS*:
1. Housing that has been issued a certificate of occupancy within the previous 15 years.
2. A property containing two separate dwelling units (excluding ADUs and junior ADUs) within a single structure in which one of the units was Owner occupied at the commencement and throughout the tenancy.
3. Single Family Residential property (including a condominium and units in planned developments) that is alienable separate from the title to any other dwelling unit if the notice below is checked and delivered to the Tenant:
1K] Notice of Exemption: This property is not subject to the rent limits imposed by§ 1947.12 of the Civil Code and is not subject to the just cause requirements of § 1946.2 of the Civil Code. This property meets the requirements of§§ 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code AND the Owner is not any of the following: (1) a real estate investment trust, as defined by § 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.
Ill. ADDITIONAL EXEMPTIONS ONLY APPLICABLE TO JUST CAUSE EVICTIONS*:
1. Housing accommodations in which the Tenant shares bathroom or kitchen facilities with the Owner who maintains their principal residence at the residential real property.
2. Single-family Owner-occupied residences, including a residence in which the Owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit.
IV. RENT CAP REQUIREMENTS
1. Subject to certain provisions of Civil Code § 194 7 .12 subdivision (b ), an Owner of real property shall not increase the rental rate for that property more than 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower, of the lowest rental amount charged for that property at any time during the 12 months prior to the effective date of the increase.
2. If the same Tenant remains in occupancy over any 12-month period, the gross rental rate shall not be increased in more than two increments over that 12-month period.
3. For a new tenancy in which no Tenant from the prior tenancy remains, the Owner may establish the initial rate not subject to paragraph 1 of this section. Paragraph 1 of this section is only applicable to subsequent increases after the initial rental rate has been established.
V. JUST CAUSE REASONS FOR TERMINATION OF TENANCY
1. "At-Fault" Reasons:
A. Default in payment of rent.
B. Breach of a material term of the lease, as described in Code of Civil Procedure § 1161, paragraph (3), including but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation. © 2023, California Association of REAL TORS®, Inc.
RCJC REVISED 6/23 (PAGE 1 OF 2)
RENT CAP AND JUST CAUSE ADDENDUM RCJC PAGE 1 OF 2
Haskell Real Estate Inc., 55 N 8th St Banning CA 92220 Phone: (951)809.1985 Fax: 146 Cierra Ornelas Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St. Suite 2200, Dallas, TX 75201 www jwojf com 1081
C. Maintaining, committing, or permitting the maintenance of a nuisance as described in Code of Civil Procedure § 1161, paragraph (4).
D. Committing waste as described in Code of Civil Procedure§ 1161, paragraph (4).
E. The Tenant had a written lease that terminated on or after January 1, 2020, and after a written request or demand from the Owner, the Tenant refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate § 1946.1 or any other provision of law.
F. Criminal activity by the Tenant on the residential real property, including any common areas, or any criminal threat, as defined in Penal Code§ 422, subdivision (a), directed to any Owner or agent of the Owner of the premises.
G. Assigning or subletting the premises in violation of the Tenant's lease.
H. The Tenant's refusal to allow the Owner to enter the residential real property pursuant to a request consistent with Civil Code §§ 1101.5 and 1954, and Health and Safety Code§§ 13113.7 and 17926.1.
I. Using the premises for an unlawful purpose as described in Code of Civil Procedure§ 1161, paragraph (4).
J. When the Tenant fails to deliver possession of the residential real property after providing the Owner written notice of Tenant's intention to terminate the hiring of real property or makes a written offer to surrender that is accepted in writing by the Housing Provider, but fails to deliver possession at the time specified in that written notice.
2. "No-fault" Reasons:
A. Intent to occupy the residential real property by the Owner or their spouse, domestic partner, children, grandchildren, parents or grandparents (Owner/family move-in). Tenant and Owner hereby agree that the Owner shall have the right to terminate the lease if the Owner, or their spouse, domestic partner, children, grandchildren, parents or grandparents, unilaterally decide to occupy the residential property. Owner may terminate the lease at the end of a fixed term or any time during a month to month tenancy by giving the appropriate notice.
B. Withdrawal of the Premises from the rental market. Owner may terminate the lease at the end of a fixed term or any time during a month to month tenancy by giving the appropriate notice.
C. Unsafe habitation, as determined by a government agency that has issued an order to vacate, or to comply, or other order that necessitates vacating the residential property.
D. Intent to demolish or substantially remodel the residential real property. "Substantially remodel" means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit that cannot be accomplished in a safe manner with the Tenant in place, and that requires Tenant to vacate the residential real property for at least 30 days. Cosmetic improvements alone do not qualify.
3. Just Cause Notices:
A. Curable "At-Fault" Reasons: Before the Owner can terminate the tenancy for an At-Fault Just Cause violation that is curable, the Owner must first provide notice to cure giving the Tenant an opportunity to cure the violation pursuant to Code of Civil Procedure§ 1161, paragraph (3).
B. Tenant Payments Pursuant to "No-Fault" Eviction: (1) If Owner issues a termination of tenancy under a NoFault Just Cause, Owner notifies Tenant of the right to direct payment relocation assistance equal to one month of the Tenant's rent in effect at the time of the termination and shall be provided within 15 calendar days of service of the notice. (2) In lieu of direct payment, Owner may waive the payment of rent for the final month of tenancy prior to the rent becoming due. The notice shall state the amount of rent waived and that no rent is due for the final month of tenancy.
*NOTE: Other exemptions under the Civil Code may apply. Additionally, this property may be subject to local rent cap and just cause eviction controls, which may impose additional restrictions. Housing Provider is strongly advised to seek counsel from a qualified California real estate attorney, who is familiar with the law where the property is located, prior to serving any notice.
The undersigned acknowledge a copy of this document and agree that the terms specified in Sections I, 11(3), if checked, and V(3) are made a part of the lease or rental agreement specified above.
Tenant (signature) City of Banning Date ______ _
Tenant (signature) ____________________________ Date ______ _ Housing Provider (signature)
Housing Provider (signature)
Wendy Craven Date ______ _
________________________ Date ______ _
© 2023, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REAL TORS®. It is not intended to identify the user as a REAL TOR®. REAL TOR® Is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REAL TORS® who subscribe to its Code of Ethics. []
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOC/AT/ON OF REAL TORS® • 525 South Virgil Avenue, Los Angeles, California 90020 RCJC REVISED 6/23 {PAGE 2 OF 2)
RENT CAP AND JUST CAUSE ADDENDUM (RCJC PAGE 2 OF 2) Produced with Lone WoffTransactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www fwolf com 146 !!)
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OF RE~\.L TORSt FAIR HOUSING AND DISCRIMINATION ADVISORY (C.A.R. Form FHDA, Revised 6/23)
1. EQUAL ACCESS TO HOUSING FOR ALL: All housing in California is available to all persons. Discrimination as noted below is prohibited by law. Resources are available for those who have experienced unequal treatment under the law.
2. FEDERAL AND STATE LAWS PROHIBIT DISCRIMINATION AGAINST IDENTIFIED PROTECTED CLASSES:
A. FEDERAL FAIR HOUSING ACT ("FHA") Title VIII of the Civil Rights Act; 42 U.S.C. §§ 3601-3619; Prohibits discrimination in sales, rental or financing of residential housing against persons in protected classes; B. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT ("FEHA") California Government Code ("GC") §§ 12900- 12996, 12955; 2 California Code of Regulations ("CCR") §§ 12005-12271; Prohibits discrimination in sales, rental or financing of housing opportunity against persons in protected classes by providers of housing accommodation and financial assistance services as related to housing;
C. CALIFORNIA UNRUH CIVIL RIGHTS ACT ("Unruh") California Civil Code ("CC")§ 51; Prohibits business establishments from discriminating against, and requires full and equal accommodation, advantages, facilities, privileges, and services to persons in protected classes;
D. AMERICANS WITH DISABILITIES ACT ("ADA") 42 U.S.C. §§ 12181-12189; Title Ill of the ADA prohibits discrimination based on disability in public accommodations; and
E. OTHER FAIR HOUSING LAWS: § 504 of Rehabilitation Act of 1973 29 U.S.C. § 794; Ralph Civil Rights Act CC § 51.7; California Disabled Persons Act; CC §§ 54-55.32; any local city or county fair housing ordinances, as applicable.
3. POTENTIAL LEGAL REMEDIES FOR UNLAWFUL DISCRIMINATION: Violations of fair housing laws may result in monetary civil fines, injunctive relief, compensatory and/or punitive damages, and attorney fees and costs.
4. PROTECTED CLASSES/CHARACTERISTICS: Whether specified in Federal or State law or both, discrimination against persons based on that person's belonging to, association with, or perceived membership in, certain classes or categories, such as the following, is prohibited. Other classes, categories or restrictions may also apply.
Race Color Ancestry National Origin Religion
Age Sex, Sexual Orientation Gender, Gender Identity, Marital Status Familial Status (family with Gender expression a child or children under
18)
Citizenship Immigration Status Primary Language Military/Veteran Status Source of Income (e.g., Section 8 Voucher)
Medical Condition Disability (Mental & Physical) Genetic Information Criminal History (non- Any arbitrary characteristic relevant convictions)
5. THE CALIFORNIA DEPARTMENT OF REAL ESTATE REQUIRES TRAINING AND SUPERVISION TO PREVENT HOUSING DISCRIMINATION BY REAL ESTATE LICENSEES:
A. California Business & Professions Code ("B&PC") § 10170.5(a)(4) requires 3 hours of training on fair housing for DRE license renewal; Real Estate Regulation § 2725(f) requires brokers who oversee salespersons to be familiar with the requirements of federal and state laws relating to the prohibition of discrimination.
B. Violation of DRE regulations or real estate laws against housing discrimination by a real estate licensee may result in the loss or suspension of the licensee's real estate license. B&PC §10177(1)(1); 10 CCR§ 2780
6. REAL TOR® ORGANIZATIONS PROHIBIT DISCRIMINATION: NAR Code of Ethics Article 10 prohibits discrimination in employment practices or in rendering real estate license services against any person because of race, color, religion, sex, disability, familial status, national origin, sexual orientation, or gender identity by REAL TORS®.
7. WHO IS REQUIRED TO COMPLY WITH FAIR HOUSING LAWS?
8. 9.
Below is a non-exclusive list of providers of housing accommodations or financial assistance services as related to housing who are most likely to be encountered in a housing transaction and who must comply with fair housing laws. • Sellers
• Real estate licensees
• Mobilehome parks
• Insurance companies
EXAMPLES OF CONDUCT THAT
DISCRIMINATORY EFFECT:
• Landlords/Housing Providers • Sublessors
• Real estate brokerage firms • Property managers
• Homeowners Associations ("HOAs"); • Banks and Mortgage lenders • Government housing services • Appraisers
MAY NOT BE MOTIVATED BY DISCRIMINATORY INTENT BUT COULD HAVE A A. Prior to acceptance of an offer, asking for or offering buyer personal information or letters from the buyer, especially with photos.
Those types of documents may inadvertently reveal, or be perceived as revealing, protected status information thereby increasing the risk of (i) actual or unconscious bias, and (ii) potential legal claims against sellers and others by prospective buyers whose offers were rejected.
B. Refusing to rent (i) an upper-level unit to an elderly tenant out of concern for the tenant's ability to navigate stairs or (ii) a house with a pool to a person with young children out of concern for the children's safety.
EXAMPLES OF UNLAWFUL OR IMPROPER CONDUCT BASED ON A PROTECTED CLASS OR CHARACTERISTIC:
A. Refusing to negotiate for a sale, rental or financing or otherwise make a housing opportunity unavailable; failing to present offers due to a person's protected status;
B. Refusing or failing to show, rent, sell or finance housing; "channeling" or "steering" a prospective buyer or tenant to or away from a particular area due to that person's protected status or because of the racial, religious or ethnic composition of the neighborhood; C. "Blockbusting" or causing "panic selling" by inducing a listing, sale or rental based on the grounds of loss of value of property, increase in crime, or decline in school quality due to the entry or prospective entry of people in protected categories into the neighborhood;
D. Making any statement or advertisement that indicates any preference, limitation, or discrimination; © 2023, California Association of REAL TORS®, Inc.
FHDA REVISED 6/23 (PAGE 1 OF 2)
FAIR HOUSING AND DISCRIMINATION ADVISORY FHDA PAGE 1 OF 2 Haskell Real Estate Inc,, 55 N 8th St Banning CA 92220 Phone: (951)809-1985 Fax: 146 Cierra Ornelas Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www,lwolf.com 1083
E. Inquiring about protected characteristics (such as asking tenant applicants if they are married, or prospective purchasers if they have children or are planning to start a family);
F. Using criminal history information before otherwise affirming eligibility, and without a legally sufficient justification; G. Failing to assess financial standards based on the portion of the income responsible by a tenant who receives government subsidies (such as basing an otherwise neutral rent to income ratio on the whole rent rather than just the part of rent that is the tenant's responsibility);
H. Denying a home loan or homeowner's insurance;
I. Offering inferior terms, conditions, privileges, facilities or services; J. Using different qualification criteria or procedures for sale or rental of housing such as income standards, application requirements, application fees, credit analyses, sale or rental approval procedures or other requirements; K. Harassing a person;
L. Taking an adverse action based on protected characteristics; M. Refusing to permit a reasonable modification to the premises, as requested by a person with a disability (such as refusing to allow a tenant who uses a wheelchair to install, at their expense, a ramp over front or rear steps, or refusing to allow a tenant with a disability from installing, at their own expense, grab bars in a shower or bathtub); N. Refusing to make reasonable accommodation in policies, rules, practices, or services for a person with a disability (such as the following, if an actual or prospective tenant with a disability has a service animal or support animal):
(i) Failing to allow that person to keep the service animal or emotional support animal in rental property, (ii) Charging that person higher rent or increased security deposit, or (iii) Failing to show rental or sale property to that person who is accompanied by the service animal or support animal, and;
0. Retaliating for asserting rights under fair housing laws.
10. EXAMPLES OF POSITIVE PRACTICES:
A. Real estate licensees working with buyers or tenants should apply the same objective property selection criteria, such as location/neighborhood, property features, and price range and other considerations, to all prospects.
B. Real estate licensees should provide complete and objective information to all clients based on the client's selection criteria.
C. Real estate licensees should provide the same professional courtesy in responding to inquiries, sharing of information and offers of assistance to all clients and prospects.
D. Housing providers should not make any statement or advertisement that directly or indirectly implies preference, limitation, or discrimination regarding any protected characteristic (such as "no children" or "English-speakers only").
E. Housing providers should use a selection process relying on objective information about a prospective buyer's offer or tenant's application and not seek any information that may disclose any protected characteristics (such as using a summary document, e.g. CAR. Form SUM-MO, to compare multiple offers on objective terms).
11. FAIR HOUSING RESOURCES: If you have questions about your obligations or rights under the Fair Housing laws, or you think you have been discriminated against, you may want to contact one or more of the sources fisted below to discuss what you can do about it, and whether the resource is able to assist you.
A. Federal: https://www.hud.gov/program_offices/fair_housing_equal_opp B. State: https://cafcivilrights.ca.gov/housing/
C. Local: focal Fair Housing Council office (non-profit, free service) D. DRE: https://www.dre.ca.gov/Consumers/FileCompfaint.htmf E. Local Association of REAL TORS®. List available at: https://www.car.org/en/contactus/rosters/localassociationroster.
F. Any qualified California fair housing attorney, or if applicable, landlord-tenant attorney.
12. LIMITED EXCEPTIONS TO FAIR HOUSING REQUIREMENTS: No person should rely on any exception below without first seeking legal advice about whether the exception applies to their situation. Real estate licensees are not qualified to provide advice on the application of these exceptions.
A. Legally compliant senior housing is exempt from FHA, FEHA and Unruh as related to age or familial status only; B. An owner of a single-family residence who resides at the property with one lodger may be exempt from FEHA for rental purposes, PROVIDED no real estate licensee is _involved in the rental; C. An owner of a single-family residence may be exempt from FHA for sale or rental purposes, PROVIDED (i) no real estate licensee is involved in the sale or rental and (ii) no discriminatory advertising is used, and (iii) the owner owns no more than three single-family residences. Other restrictions apply; D. An owner of residential property with one to four units who resides at the property, may be exempt from FHA for rental purposes, PROVIDED no real estate licensee is involved in the rental; and E. Both FHA and FEHA do not apply to roommate situations. See, Fair Housing Council v Roommate.com LLC, 666 F.3d 1216 (2019).
F. Since both the 14th Amendment of the U.S. Constitution and the Civil Rights Act of 1866 prohibit discrimination based on race; the FHA and FEHA exemptions do not extend to discrimination based on race.
Buyer/Tenant and Seller/Housing Provider have read, understand and acknowledge receipt of a copy of this Fair Housing & Discrimination Advisory.
Buyer/Tenant City of Banning Date ______ _
Buyer/Tenant _________________________________ Date ______ _ Seller/Housing Provider Wendy Craven Date ______ _
Seller/Housing Provider Date ______ _
© 2023, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REAL TORS®. It is not intended to identify the user as a REAL TOR®. REAL TOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REAL TORS® who subscribe to its Code of Ethics. I] Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOC/A TION OF REAL TORS® • 525 South Virgil Avenue, Los Angeles, California 90020 FHDA REVISED 6/23 (PAGE 2 OF 2)
FAIR HOUSING AND DISCRIMINATION ADVISORY (FHDA PAGE 2 OF 2) Produced with Lone Wo~ Transactions (zipForm Edition} 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.iwol{ com 146 ~ [QLIALHOUSINC
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Information on Dampness and
Mold for Renters in California
Main points:
• Living in damp or moldy buildings increases the chances of respiratory problems like asthma.
• The critical warning signs are visible mold, water damage, damp materials, or mold smell.
• Dampness is needed for mold to grow, so if you control the dampness, you control the mold.
• Dampness or mold indoors may make housing substandard, per the California Health & Safety Code.
This booklet describes the increased risks to health, including specific health issues, that may result from exposures to dampness or mold in buildings. This booklet was produced in January 2021 by the California Department of Public Health (CDPH) in accordance with the 2001 Toxic Mold Protection Act (HSC §26148).
Haskell Real Estate Inc., 55 N 8th St Banning CA 92220 Phone: (951)809-1985 Fax:
Cierra Ornelas Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www lwolf com 146
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Health Problems from [)amp or;
Moldy Buildings
Living or working in damp or moldy buildings
increases the risk of many harmful health problems,
including:
• asthma attacks in people who already have
asthma
• a new asthma diagnosis
• respiratory infections, such as bronchitis
• breathing symptoms, such as hay fever, sneezing,
stuffy nose, sore throat, wheezing, breathing
difficulty, or cough
• eczema or skin rash
Mold can affect people differently. How much a
person is affected depends on how sensitive they are
and on how much they are exposed. Damp or moldy
buildings are linked to health problems in people
even if they do not have allergies.
Signs of Dampness or Mold
Signs of dampness or mold that may cause health
problems include:
• visible mold (regardless of color), such as on walls
or ceilings, behind furniture or appliances, under
carpets, or even hidden in areas not seen in the
occupied areas of homes
• mold odor, noticed as an earthy, musty, or moldy
smell
• visible water damage, such as water-stains or
discoloration on walls or ceilings, peeling or
bubbled paint, warped floors, or rotting wood
• damp or moist materials, including condensation
on windows or walls
Any one of these signs indicates increased risks to
health, and the more that any of them are present,
the greater the risk of health problems. Tests that
identify the types of mold or the amounts of mold
in buildings are not useful in telling us about the
health risks. This is why CDPH does not recommend
testing for mold, such as measuring mold spores in
the air.
Produced with Lone WolfTransactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www !wolf com 146 1086
Causes of Building Dampness that Can
Allow Mold to Grow
The dampness that is necessary for indoor mold to
grow can come from either inside or outside a
building.
Indoor sources include:
• leaking or burst water pipes, for instance under
sinks inside walls
• not enough venting to the outside by open
windows or exhaust fans in places where water is
used or moisture is produced (for example,
bathrooms, laundry areas, kitchens, and water
heaters)
• condensation (water droplets) on cold surfaces,
including windows
Outdoor sources include:
• water coming in through leaky roofs or
poorly-sealed windows, or from flooding
• damp, exposed dirt in crawl spaces
• outdoor surfaces that slope and drain water
toward a building, including from a downspout
Fixing Dampness and Mold Problems
The California Health & Safety Code (HSC §17920.3) says that when dampness or visible mold (or certain other conditions) in a home is a hazard to the health of occupants, the home is substandard and the property owner must fix the conditions. The Code excludes mold that is "minor and found on surfaces that accumulate moisture as part of their properly functioning and intended use."
CDPH recommends fixing dampness and mold problems as follows:
• identifying and correcting the source of any water that may allow mold to grow • rapid drying or removal of damp materials
• cleaning or removing mold and moldy materials as rapidly and safely as possible Note: if a moldy area is simply bleached, cleaned, or painted over-without fixing the source of the dampness-the mold is likely to grow again.
1087
Renters in California
The California Health & Safety Code requires property owners to provide a rental unit that is safe and healthy for the people living in it. Prospective renters should look for obvious conditions that show dampness or mold, and also less obvious signs like water leaks under the kitchen and bathroom sinks or moldy odor in a sealed-up home. Also look for conditions likely to cause future problems, like a bathroom that has no working vent fan or no window that opens, or a clothes dryer without an outside vent.
For renters who suspect there is dampness or mold:
1. Tell the property owner or manager. Early detection and correction of the dampness and mold problems can reduce the risks to your health and prevent the problem from getting worse.
2. If your property owner will not respond to your concerns in a reasonable amount of time, contact your local (city or county) code enforcement agency and ask for a code enforcement officer to inspect for violations. Many dampness or mold problems in rental homes are the responsibility of the property owner and must be addressed by them. However, a code enforcement officer may determine that dampness or mold in a building results from a tenant's actions or inactions - for instance, not using available bathroom ventilation during showers.
3. If the local inspector determines there is a violation, they can require the property owner to correct the problem.
Additional Resources
For general information on dampness and mold and a list of local code enforcement agencies, with a focus on dampness and mold, see www.cdph.ca.gov/iaq/mold. To see an animated video series, Mold in the Home, visit www.cdph.ca.gov/mold.
Property owners must provide a rental unit that is safe and healthy for the people living in it.
Tenants must notify property owners of any dampness or mold problems. 1088
4.-~ CALIFORNL-\
• _-\SSOCL-\ TION
LEASE/RENTAL MOLD AND VENTILATION ADDENDUM
'II OF REALTORS~
~
(C.A.R. Form LRM, Revised 6/23)
The following terms and conditions are hereby incorporated in and made a part of the Residential Lease or Month-to-Month Rental Agreement, OR D Residential Lease After Sale, D Other ______________ ("Agreement"), dated 12/20/2023 , on property located at (Street Address) -"--9~0~N~2=2=n~d~S~t _______________ _ (Unit/Apartment) __ (City) Banning (State)~ (Zip Code) 92220 ("Premises"), in which City of Banning is referred to as "Tenant"
and Wendy Craven is referred to as "Housing Provider''
1. MOLD AND VENTILATION NOTIFICATION AND AGREEMENT: Except as may be noted at the time of Tenant's move in inspection, Tenant agrees that the Premises is being delivered free of known damp or wet building materials ("mold") or mildew contamination. Tenant acknowledges and agrees that (i) mold can grow if the Premises is not properly maintained; (ii) moisture may accumulate inside the Premises if it is not regularly aired out, especially in coastal communities; (iii) if moisture is allowed to accumulate, it can lead to the growth of mold, and (iv) mold may grow even in a small amount of moisture. Tenant further acknowledges and agrees that Tenant has a responsibility to maintain the Premises in order to inhibit mold growth and that Tenant's agreement to do so is part of Tenant's material consideration for the Agreement. Accordingly, Tenant agrees to: _______________________ _ A. Maintain the Premises free of dirt, debris and moisture that can harbor mold; B. Clean any mildew or mold that appears with an appropriate cleaner designed to kill mold; C. Clean and dry any visible moisture on windows, walls and other surfaces, including personal property as quickly as possible;
D. Use reasonable care to close all windows and other openings in the Premises to prevent water from entering the Premises;
E. Use exhaust fans, if any, in the bathroom(s) and kitchen while using those facilities and notify Housing Provider of any inoperative exhaust fans;
F. Immediately notify Housing Provider of any water intrusion, including but not limited to, roof or plumbing leaks, drips or "sweating pipes";
G. Immediately notify Housing Provider of overflows from bathroom, kitchen or laundry facilities; H. Immediately notify Housing Provider of any significant mold growth on surfaces in the Premises; I. Allow Housing Provider, with appropriate notice, to enter the Premises to make inspections regarding mold and ventilation; and
J. Release, indemnify, hold harmless and forever discharge Housing Provider and Housing Provider's employees, agents, successors and assigns from any and all claims, liabilities or causes of action of any kind that Tenant, members of Tenant's household or Tenant's guests or invitees may have at any time against Housing Provider or Housing Provider's agents resulting from the presence of mold due to Tenant's failure to comply with this Lease/Rental Mold and Ventilation Addendum.
2. (If checked, D the Premises was previously treated for elevated levels of mold that were detected.)
3. D MOLD AND DAMPNESS: Tenant acknowledges receipt of the attached booklet titled, "Information on Dampness and Mold for Renters in California."
Tenant (Signature) City of Banning Date ______ _
Tenant (Signature) __________________________ _ Date ------- Housing Provider (Signature) Wendy Craven Date ______ _ Housing Provider (Signature) ______________________ _ Date ------- © 2023, California Association of REAL TORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REAL TORS®. It is not intended to identify the user as a REAL TOR®. REAL TOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REAL TORS® who subscribe to its Code of Ethics. IJ Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOC/A TION OF REALTORS® .. 525 South Virgil Avenue, Los Angeles, California 90020 LRM REVISED 6/23 (PAGE 1 OF 1)
LEASE/RENTAL MOLD AND VENTILATION ADDENDUM LRM PAGE 1 OF 1 Haskell Real Estate Inc., 55 N 8th St Banning CA 92220 Phone: (951)809-1985 Fax:
Cierra Ornelas Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www 1watt com &-
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LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS
DISCLOSURE, ACKNOWLEDGMENT AND ADDENDUM For
Pre-1978 Housing Sales, Leases, or Rentals
(C.A.R. Form LPD, 12/21)
The following terms and conditions are hereby incorporated in and made a part of the Purchase Agreement, OR D Residential Lease or Month-to-Month Rental Agreement, D Other: _________________ , dated 12/20/2023 , on property known as: 90 N 22nd St, Banning, CA 92220 ("Property") in which City of Banning is referred to as Buyer or Tenant and Wendy Craven is referred to as Seller or Housing Provider.
Buyer/Tenant and Seller/Housing Provider are referred to as the "Parties." LEAD WARNING STATEMENT (SALE OR PURCHASE) Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligent quotient, behavioral problems and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards.
A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.
LEAD WARNING STATEMENT (LEASE OR RENTAL) Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive federally approved pamphlet on lead poisoning prevention.
EPA'S LEAD-BASED PAINT RENOVATION, REPAIR AND PAINTING RULE: The new rule requires that contractors and maintenance professionals working in pre-1978 housing, child care facilities, and schools with lead-based paint be certified; that their employees be trained; and that they follow protective work practice standards. The rule applies to renovation, repair, or painting activities affecting more than six square feet of lead-based paint in a room or more than 20 square feet of lead-based paint on the exterior. Enforcement of the rule begins October 1, 2010. See the EPA website at www.epa.gov/lead for more information.
1. SELLER'S OR HOUSING PROVIDER'S DISCLOSURE
I (we) have no knowledge of lead-based paint and/or lead-based paint hazards in the housing other than the following:
I (we) have no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing other than the following, which, previously or as an attachment to this addendum, have been provided to Buyer or Tenant:
I (we), previously or as an attachment to this addendum, have provided Buyer or Tenant with the pamphlet "Protect Your Family From Lead In Your Home" or an equivalent pamphlet approved for use in the State such as "The Homeowner's Guide to Environmental Hazards and Earthquake Safety."
For Sales Transactions Only: Buyer has 10 days, unless otherwise agreed in the real estate purchase contract, to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.
I (we) have reviewed the information above and certify, to the best of my (our) knowledge, that the information provided is true and correct.
Seller or Housing Provider Wendy Craven Date
Seller or Housing Provider Date
© 2021, CALIF ORN IA ASSOCIATION OF REAL TORS®, INC.
LPD 12/21 (PAGE 1 OF 2) Buyer'sffenant's Initials
LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS DISCLOSURE LPD PAGE 1 OF 2 Haskell Real Estate Inc., 55 N 8th St Banning CA 92220 Phone: (951)809-1985 Fax: Cierra Ornelas Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www lwott com G)
EQUAi.HOUSiNG
OPPORTIJNITY
146
1090
Property Address: 90 N 22nd St, Banning, CA 92220 Date December 15, 2023
2. LISTING AGENT'S ACKNOWLEDGMENT
Agent has informed Seller or Housing Provider of Seller's or Housing Provider's obligations under § 42 U.S.C. 4852d and is aware of Agent's responsibility to ensure compliance.
I have reviewed the information above and certify, to the best of my knowledge, that the information provided is true and correct.
Haskell Real Estate Inc. By ___________________ _
Agent (Broker representing Seller or Housing Provider)
(Please Print)
3. BUYER'S OR TENANT'S ACKNOWLEDGMENT
Associate-Licensee or Broker Signature
Cierra Ornelas
Date
I (we) have received copies of all information listed, if any, in paragraph 1 above and the pamphlet "Protect Your Family From Lead In Your Home" or an equivalent pamphlet approved for use in the State such as "The Homeowner's Guide to Environmental Hazards and Earthquake Safety." If delivery of any of the disclosures or pamphlet referenced in paragraph 1 above occurs after Acceptance of an offer to purchase, Buyer has a right to cancel pursuant to the purchase contract. If you wish to cancel, you must act within the prescribed period.
For Sales Transactions Only: Buyer acknowledges the right for 10 days, unless otherwise agreed in the real estate purchase contract, to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; OR, (if checked) D Buyer waives the right to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.
I (we) have reviewed the information above and certify, to the best of my (our) knowledge, that the information provided is true and correct.
Buyer or Tenant
City of Banning
Date
4. COOP ERA TING AGENT'S ACKNOWLEDGMENT
Buyer or Tenant Date
Agent has informed Seller or Housing Provider, through the Listing Agent if the property is listed, of Seller's or Housing Provider's obligations under§ 42 U.S.C. 4852d and is aware of Agent's responsibility to ensure compliance.
I have reviewed the information above and certify, to the best of my knowledge, that the information provided is true and correct.
---------------------- By ____________________ _
Agent (Broker obtaining the Offer) Associate-Licensee or Broker Signature Date © 2021, California Association of REALTORS®, Inc, United States copyright law (Title 17 U,S, Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REAL TORS® (CAR.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS, IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REAL TORS®. It is not intended to identify the user as a REAL TOR®, REAL TOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REAL TORS® who subscribe to its Code of Ethics.
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC,
a subsidiary of the CALIFORNIA ASSOC/A TION OF REAL TORS® • 525 South Virgil Avenue, Los Angeles, California 90020 LPD 12/21 (PAGE 2 OF 2)
LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS DISCLOSURE (LPD PAGE 2 OF 2) Produced with Lone Wo~ Transactions (zip Form Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 wwwJwolf.com 146 &
1::QUAl HOLISINC
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1091
£~ C.A.LIFORNL-\
• ASSOCL-\TJON 'II OFRE,\.LTORS<t
~
ADDENDUM No. _;:_ 1 ___ _ (C.A.R. Form ADM, Revised 12/21) The following terms and conditions are hereby incorporated in and made a part of the Purchase Agreement, OR ~ Residential Lease or Month-to-Month Rental Agreement, D Transfer Disclosure Statement (Note: An amendment to the TDS may give the Buyer a right to rescind), D Other--------------------------------- dated January 1, 2024 , on property known as 90N 22nd St ----------------=B=a=n=n=in=g.,_.--"'C-'-'A'----=-92=2=2"-"0 _______________ ("Property!Premises"), in which City of Banning is referred to as ("Buyer/Tenant") and Wendy Craven is referred to as ("Seller/Landlord").
Buyer/Tenant and Seller/Landlord are referred to as the "Parties." The City of Banning shall bear the responsibility of removing their placed tenants subject to the agreement in place between the City of Banning and placed tenants.
The City of Banning shall be bear financial responsibility for repair of any damage that may occur to the unit during the lease term.
The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledge receipt of a copy of this Addendum.
Buyer/Tenant Date -------- City of Banning
Buyer/Tenant Date --------
Seller/Land lord Date -------- Wendy Craven
Seller/Land lord Date --------
© 2021, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REAL TORS®. It is not intended to identify the user as a REAL TOR®. REAL TOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REAL TORS® who subscribe to its Code of Ethics. IJ L REAL ESTATE BUSINESS SERVICES, LLC.
Published and Distributed by:
a subsidiary of the CALIFORNIA ASSOC/A TION OF REAL TORS® __ :. • 525 South Virgil Avenue, Los Angeles, California 90020 ADM REVISED 12/21 {PAGE 1 OF 1)
ADDENDUM ADM PAGE 1 OF 1
Haskell Real Estate Inc,, 55 N 8th St Banning CA 92220 Phone: (951)809-1985 Fax; Cierra Ornelas Produced with Lone WolfTransactions (zipForm Edition) 717 N Harwood St. Suite 2200, Dallas, TX 75201 www 1wa11 com ~ !!'.QUALMOUSIJljO
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1092
bDDFNDiiM T() RENTALAGREEIVIENT DATED:CH. ()I· ;;)t-t
-- 1. TIMELY PAYMENTS: Rent ·.s due il--ir0 1 'day of each r,,onth. /!>, THREE [1/i.Y NOTICE TO PAY RENT OH QUIT rnav be served whenever rent is not paid by the 5th of each month regardless of the day of the week on which the 5u, falls. By initialing this paragraph, Tenant agrees to pay additional rent the sum of $35.00 to the Property Manager and 5% of unpaid rent to the Owner for the month the notice is served.
2. PRIORITY OF PAYMENTS: All Tenant payments, regardless of any notation to the contrary, shall be credited first to 3 Day Notice and legal fees, then late charges, then all other charges including utilities, then lastly to rent beginning with the oldest rent due being credited first.
3. PARTIAL PAYMENTS: As and for additional rent, Tenant agrees to pay an additional payment of $25.00 per extra payment in any month in which tenant pays said month's rent in more than one payment to offset bookkeeping costs.
This is in addition to any late charges under paragraph one that may be due pursuant to the terms of the agreement.
4. WRITTEN 30 DAY NOTICE: Under the terms of this agreement, Tenant has agreed to provide Landlord a 30-Day Advance Notice of intent to vacate the premises and cancel tt'lis agreement. Tenant may be held liable for rent for said 30 days. Daily rent will be charged at the rate of$ :'.?J, 'ci'o for each day. Oral notices are not allowed, notices must be in writing and become effective on date delivered to Property Manager.
5. MINIMUM TENANCY: Under the terms of this agreement, Tenant has the right to vacate premises and cancel this agreement subject only to 30 Day Notice requirements. HOWEVER, a tenancy of less than 6 months will create an automatic forfeiture of the entire Security Deposit. Tenant agrees and understands that owner incurs costs of at least the amount of the security deposit as a result of said early termination . . ,..---. 6. WINDOWS, SCREENS, WINDOW COVERINGS, BATTERIES, AIR FILTERS, LIGHT BULBS, AND DOORS: Tenant shall be responsible for the cost of replacing broken windows, torn, bent or missing screens, window coverings, air filters, light bulbs, alarm batteries, remote control batteries, damaged doors, door jambs, locks, or screens in all circumstances regardless of cause.
7. AUTO, JUNK, YARD CARE: Tenant agrees to keep premises free of accumulated junk and non-operative automobiles.
Tenant agrees to water and maintain the yard areas of single family residences covered by this agreement. If yard not maintained, tenant will pay actual costs for owner to cure default after notice.
8. GARBAGE DISPOSAL AND CLOGED DRAINS: After 30 Days of Occupancy, Tenant shall be responsible for cost to unclog all drains in property including garbage disposal, is any, caused by misuse by tenant.
9. PEST CONTROL After 30 days of occupancy, Tenant shall be responsible for the treatment of any insect infestation, including but not limited to roaches, ants, and bed bugs.
10. FENCING: Landlord is not responsible and shall not become responsible for maintaining fenced capable of keeping animals or people from getting into or out of the property. Tenant must obtain permission from Landlord prior to alteration of existing, or installation of additional fencing. , , ,-
11. UTILITIES: If utilities are currently on they will be turned off by Landlord on l' j - US' Jt..; responsibility to have the following utilities n 11 le X (( pl· l-Va fl YI YO~ kJ .. It is Tenant's turned
on in Tenant's name prior to that date. Landlord has no responsibility if tenant fails to put utilities in their name prior to th is turnoff date.
12. RENT PR1o-RATION: sEcoND MONTH'S RENT 1s A PRO-RATION oF $ v\J I A: , DUE oN THE FIRST oF N _ ,4 CONTRACT RENT IS jl I QQ(J ,o(.) DUE ON THE FIRST OF EACH MONTH THEREAFTER.
13. OTHER:
The undersigned Tenant acknowledges having read the foregoing prior to execution and receipt of a copy thereof.
Date: Tenant:
Landlord: _____________ _ Tenant:
By Haskell Real Estate Inc.
1093
WE WILL USE YOUR SECURITY DEPOSIT TO
CLEAN OR REPAIR THE FOLLWING IF
NECESSARY:
1. CARPETS AND FLOORS
2. WINDOWS AND WINDOW SILLS
3. SCREENS
4. WINDOW COVERINGS
5. BASEBOARDS AND WALLS
6. STOVE/ OVEN/ MICROWAVE
7. REFRIGERATOR
8. LIGHT FIXTURES/ CEILING FANS
9. CABINETS, INSIDE AND OUT, DRAWERS
10. TOILET, SINKS, TUBS, FAUCETS, HANDLES
11. DOORS, DOOR FRAMES, HANDLES
12. SWITCHPLATE COVERS
13. MIRRORS
14. COUNTERTOPS, LEDGES
15. YARD AND TRASH
TENANT DATE
TENANT DATE
LAWFUL USE OF THE TENANT'S SECURITY
DEPOSIT (SEE PAGE 64)
Civil Code Sections 1950.S(b)(l)-(4) (as of
January 1, 2006)
(b) /.5 used in this section, security means any
payment, fee, deposit, or charge, including,
but not limited to, any payment, fee, deposit,
or charge, except as provided in Section
1950.6, that is imposed at the beginning of
the tenancy to be used to reimburse the
landlord for costs associated with processing
a new tenant or that is imposed as an
advance payment of rent, used or to be used
for any purpose, including, but not limited to,
any of the following:
(1) The compensation of a landlord for a
tenants default in the payment of rent.
(2) The repair of damages to the premises,
exclusive of ordinary wear and tear, caused by
the tenant or by a guest or licensee of the
tenant.
(3) The cleaning of the premises upon
termination of the tenancy necessary to
return the unit to the same level of cleanliness
it was in at the inception of the tenancy. The
amendments to this paragraph enacted by·
the act adding this sentence shall apply only
to tenancies for which the tenants right to
occupy begins after January 1, 2003.
(4) To remedy future defaults by the tenant in
any obligation under the rental agreement to
restore, replace, or return personal property
or appurtenances, exclusive of ordinary wear
and tear, if the security deposit is authorized
to be applied thereto by the rental
agreement.
1094
Protect
Your
Family
From
Lead in
Your
Home
&EPA United States
Environmental
Protection Agency
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United States
Consumer Product
Safety Commission
United States
Department of Housing
and Urban Development
Simple Steps to Protect Your Family
from Lead Hazards
If you think your home has lead-based paint:
• Don't try to remove lead-based paint yourself.
• Always keep painted surfaces in good condition to minimize deterioration.
• Get your home checked for lead hazards. Find a certified inspector or risk assessor at epa.gov/!ead.
• Talk to your landlord about fixing surfaces with peeling or chipping paint.
• Regularly dean floors, window sills, and other surfaces. • Take precautions to avoid exposure to lead dust when
remodeling.
• When renovating, repairing, or painting, hire only EPA- or state• approved Lead-Safe certified renovation firms.
• Before buying, renting, or renovating your home, have lt checked for lead-based paint.
• Consult your health care provider about testing your children for lead. Your pediatrician can check for lead with a simple blood test.
• Wash children's hands, bottles, pacifiers, and toys often. , Make sure children eat healthy, low-fat foods high in iron, calcium, and vitamin C.
• Remove shoes or wipe soil off shoes before entering your house.
Are You Planning to Buy or Rent a Home Built
Before 1978?
Did you know that many homes built before 1978 have lead-based paint? lead from paint, chips, and dust can pose serious health hazards.
Read this entire brochure to learn:
• How lead gets into the body
· How lead affects health
• What you can do to protect your family
• Where to go for more information
Before renting or buying a pre-1978 home or apartment, federal law requires:
• Sellers must disclose known information on lead-based paint or leadbased paint hazards before selling a house. • Real estate sales contracts must include a specific warning statement about lead-based paint. Buyers have upto 10 days to check for lead. - landlords must disclose known information on lead-based paint or lead-based paint hazards before leases take effect. leases must include a specific warning statement about lead-based paint.
If undertaking renovations, repairs, or painting (RRP) projects in your pre-1978 home or apartment:
• Read EPA's pamphlet, The Lead-Safe Certified Guide to Renovate Right, to learn about the lead-safe work practices that contractors are required to follow when working in your home {see page 12).
Lead Gets into the Body in Many Ways
Adults and children can get lead into their bodies if they:
• Breathe in lead dust {especially during activities such as renovations, repairs, or painting that disturb painted surfaces).
• Swallow lead dust that has settled on food, food preparation surfaces, and other places.
• Eat paint chips or soil that contains lead.
lead is especially dangerous to children under the age of 6. • At this age, children's brains
and nervous systems are
more sensitive to the
damaging effects of lead.
• Children's growing bodies
absorb more lead.
• Babies and young children
often put their hands
and other objects ln their
mouths. These objects can
have lead dust on them.
Women of childbearing age should know that lead is dangerous to a developing fetus.
• Women with a high lead level in their system before or during pregnancy risk exposing the fetus to lead through the placenta during fetal development.
1095
Checking Your Home for Lead
You can get your home tested for lead in several different ways:
• A lead-based paint inspection tells you if your home has leadbased paint and where it is located. It won't tell you whether your home currently has lead hazards. A trained and certified testing professional, called a lead-based paint
inspector, will conduct a paint inspection
using methods, such as:
• Portable x-ray fluorescence (XRF) machine
• Lab tests of paint samples
• A risk assessment tells you if your home
currently has any lead hazards from lead
in paint, dust, or soil. It also tells you what actions to take to address any hazards. A trained and certified testing professional,
called a risk assessor, will:
• Sample paint that is deteriorated on doors, windows, floors, stairs, and walls
• Sample dust near painted surfaces and sample bare soil in the yard
, Get lab tests of paint, dust, and soil samples
• A combination inspection and risk assessment tells you if your home has any lead-based paint and if your home has any lead hazards, and where both are located.
Be sure to read the report provided to you after your inspection or risk assessment is completed, and ask questions about anything you do not understand,
What You Can Do Now to Protect Your Family
If you suspect that your house has lead-based paint hazards, you can take some immediate steps to reduce your family's risk:
• If you rent, notify your landlord of peeling or chipping paint. • Keep painted surfaces clean and free of dust. Clean floors, window frames, window sills, and other surfaces weekly. Use a mop or sponge with warm water and a general all-purpose cleaner. (Remember:
never mix ammonia and bleach products together because they can form a dangerous gas.)
• Carefully clean up paint chips immediately without creating dust. • Thoroughly rinse sponges and mop heads often during cleaning of dirty or dusty areas, and again afterward.
· Wash your hands and your children's hands often, especially before they eat and before nap time and bed time.
• Keep play areas clean. Wash bottles, pacifiers, toys, and stuffed animals regularly.
• Keep children from chewing window sills or other painted surfaces, or eating soil.
• When renovating, repairing, or painting, hire only EPA- or stateapproved lead-Safe Certified renovation firms {see page 12). • Clean or remove shoes before entering your home to avoid tracking in lead from soil.
• Make sure child,en eat nutritious, low-fat meals high in iron, and calcium, such as spinach and dairy products. Children with good diets absorb less lead.
Checking Your Home for Lead, continued
In preparing for renovation, repair, or painting work in a pre-1978 home, lead-Safe Certified renovators {see page 12) may:
• Take paint chip samples to determine if lead-based paint is present in the area planned for renovation and send them to an EPA-recognized lead lab for analysis. In housing receiving federal assistance, the person collecting these samples must be a certified lead-based paint inspector or risk assessor
- Use EPA-recognized tests kits to determine if lead-based paint is absent (but not in housing receiving federal assistance) • Presume that lead-based paint is present and use lead-safe work practices
There are state and federal programs in place to ensure that testing is done safely, reliably, and effectively. Contact your state or local agency for more information, visit epa.gov/lead, or call 1·800•424-LEAD (5323) for a list of contacts in your area.3
' Hearing- or speech-challenged individuals may accen this number through TTY by calling the Federal Relay SNvice at T,800-877-8339
Reducing Lead Hazards
Disturbing lead-based paint or
removing lead improperly can
increase the hazard to your family by
spreading even more lead dust around
the house.
• In addition to day-to-day cleaning
and good nutrition, you can
temporarily reduce lead-based paint
hazards by taking actions, such as
repairing damaged painted surfaces
and planting grass to cover leadcontaminated soil. These actions are not permanent solutions and will need
ongoing attention.
• You can minimize exposure to lead
when renovating, repairing, or painting by hiring an EPA- or statecertified renovator who is trained in the use of lead-safe work practices. If you are a do-it-yourself er, learn how to use lead-safe work practices in your home.
• To remove lead hazards permanently, you should hire a certified lead abatement contractor. Abatement (or permanent hazard elimination) methods include removing, sealing, or enclosing lead-based paint with special materials, Just painting over the hazard with regular paint is not permanent control.
Always use a certified contractor who is trained to address lead hazards safely.
• Hire a lead-Safe Certified firm (see page 12} to perform renovation, repair, or painting (RRP) projects that disturb painted surfaces. • To correct lead hazards permanently, hire a certified lead abatement contractor. This will ensure your contractor knows how to work safely and has the proper equipment to dean up thoroughly.
Certified contractors will employ qualified workers and follov .. , strict safety rules as set by their state or by the federal government 1096
15 For More Information
The National Lead Information Center
Learn how to protect children from lead poisoning and get other information about lead hazards on the Web at epa.gov/safewater and hud.gov/lead, orcall 1-80D-424-LEAO (5323).
EPA'"s Safe Drinking Water Hotline
For information about lead in drinking water, call 1-800-426-4791, or visit epa.gov/lead for information about lead in drinking water.
Consumer Product Safety Commission (CPSC) Hotline
For information on lead in toys and other consumer products, or to report an unsafe consumer product or a product-related injury, call 1-S00,.638-2772, or visit CPSC's website at cpsc.gov or saferproducts.gov.
State and Local Health and Environmental Agencies
Some states, tribes, and cities have their own rules related to leadbased paint. Check with your local agency to see which laws apply to you. Most agencies can also provide information on finding a lead abatement firm in your area, and on possible sources of financial aid for reducing lead hazards. Receive up-to-date address and phone information for your state or local contacts on the Web at epa.gov/safewater, or contact the National Lead Information Center at 1-800-424-LEAO,
Hearing- or speech-challenged individuals may access any of the phone numbers in this brochure through TTY by calling the toll· free Federal Relay Service at 1-800-877-8339.
Consumer Product Safety Commission (CPSC)
The CPSC protects the public against unreasonable risk of injury from consumer products through education, safety standards activities, and enforcement. Contact CPSC for further information regarding consumer product safety and regulations.
CPSC
4330 East West Highway
Bethesda, MD 20814-4421
1-800-638-2772
cpsc.gov or saferproducts.gov
U. S. Department of Housing and Urban
Development (HUD)
HUD's mission is to create strong, sustainable, inclusive communities and quality affordable homes for all. Office of Lead Hazard Control and Healthy Homes for further information regarding the Lead Safe Housing Rule, which protects families in pre~ 1978 assisted housing, and for the lead hazard control and research grant programs.
HUD
451 Seventh Street, SW, Room 8236
Washington, DC 20410-3000
(202) 402-7698
hud.gov/lead
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U.S. Environmental Protection Agency (EPA)
Regional Offices
The mission of EPA is to protect human health and the environment.
Your Regional EPA Office can provide further information regarding regulations and lead protection programs.
Hegton 1 !Connecticut. Massachusetts, Maine.
New Hampshire. Rhode tsland, Vermonll
ReglonalleadContact
US. EPA Region 1
SPost Office Square, Suite 100. OESOS--4
Boston.MA0210!:i.3912
1888)372-7341
Region 2 (New Jttsey. New York, Pueno Rico.
Virgin Islands)
ReglonalUadContact
U.S. EPA Region 2
2890 Woodbridge Avenue
Building20S.MaUStop225
Edison. NJ08837•3679
1732)906-6809
Region 3 {Delaware. Maryland. Pennsylvania,
Virginia.OC,WestVirginia}
Regional Lead ContaC\'
U5.EPARegton 3
l650ArchSlreet
Phlladelphla, PA l9l03
1215)814-2088
Region 4 (Alabama, Florida. Georgia.
Kentucky, MisSWippi. North (aro5na, South
C..rollna. TennMsee)
RegionalLeadContaet
U.S. EPA Region 4
AFC Tower, 12th floor, Air. Pesticides & Toxics
61forsyth5tR!et,SW
Atlanta. GA 30303
(404)562-8998
Region s !Illinois, Indiana. Michigan,
MlnnMota, Ohlo. Wi:iconm,l
Regional Uitd Contact
U.S.EPARegion5 IU•l7J)
77WeslJackson Boulevard
Chicago. ll 60604•3666
{3121353·3808
Region 6 IA,kansa~ touisi1ma, New Mexico,
Oklahoma. Texas. and 66 Tribes}
Regional Lead Contact
US. EPA Region 6
1445Ros.sAvenui: 12thFIOOf Dallas. TX 75202-2733
{214)665-2704
Region 7 {IOwa, l{aruas. Missou,~ Nebraska}
lhegloruil LeadConti,c:t
U.S.EPARegfon7
11201 R~Blvd.
Lenexa, KS 66219
(800)223-0425
Region 8 (Colorado, Montana. North
Dakota. SouthOako1a. Utah. Wyoming)
Regional lead Contact
U.S.EPARegionJt
1 S95 Wynkoop St
Denvet, co 80202
1303)312-6966
Region 9 lA,riZona. Ulifornid. Hawaii. Nevada)
ReglorialleadContil(t
U5.EPARegion91CMD+2)
7S HawthorneStr~t
Si1nfr,1ncisco.CA94l0S
1415)947--4280
Region 1 O (Afasl<a, Idaho. Oregon.
WashlngtooJ
Reglona!LNdContact
US.EPA R~ion 10{20-C041
Air and T oxia EnfOl'cernent Section
1200 SixthAVenu~. Suite 1S5
Seatlle,WA98101
{206} 553.1200
IMPORTANT!
Lead From Paint, Dust, and Soil in and
Around Your Home Can Be Dangerous if
Not Managed Properly
• Children under 6 years old are most at risk for lead
poisoning in your home.
• Lead exposure can harm young children and babies even before they are born.
• Homes, schools, and child care facilities built before 1978 are likely to contain lead-based paint.
• Even children who seem healthy may have dangerous
levels of lead in their bodies,
• Disturbing surfaces with lead-based paint or removing lead-based paint improperly can increase the danger to
your family.
• People can get lead into their bodies by breathing or swallowing lead dust, or by eating soil or paint chips
containing lead.
• People have many options for reducing lead hazards.
Generally, lead-based paint that is in good condition is not a hazard (see page 10).
16 1097
Resolution 2024-11