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SR-8A (32) ~A P&Z:DKW:DB:PC2.TP270PC Planning Commission Mtg: Santa Monica, California January 20, 1993 TO: The Honorable Planning Commission FROM: Planning Staff SUBJECT: TPC 270, VTTM 51424, 30-Unit Tenant-Participating Conversion Addres s : zoning: Owner(s): 153 San Vicente Boulevard R2 Harry T. Roussos and Theodosius T. Roussos Background: This is an application for approval of a Tenant- Participating Conversion (TPC) submitted under the provisions of the Tenant Ownership Rights Charter Amendment (TORCA) approved by the voters of the city of Santa Monica in June 1984 and amended in 1990. As required by the provisions of TORCA, the public hearing held by the Planning Commission on the TPC application is held simultaneously with the hearing on the tentative map for the conversion. The subject building was constructed in 1967 and consists of a total of six I-bedroom units, twelve 2-hedroom units, and twelve 3-bedroom units with 46 on-site parking spaces, which exceeds the minimum number of spaces required at the time of construction. The application was submitted with forms indicating that precise- ly 70% of the tenants agreed to the conversion. Questions have been raised regarding several of these signatures. If more than one of these forms is considered invalid by the Planning Commis- sion, then the application must be denied because the minimum 2/3 signing the "Agreement to Conversionu form would not be met. After staff mailed the required "Notice to Tenants" on June 6, 1992, notifying them that a TORCA application had been filed, staff received eight of these notices back from the united States Post Office marked "Vacant--Return to Sender." These returned notices were for units 2A, 2C, 3B, 3F, 3K, 4A, 4G, and 4K, which are all units for which staff had received signed "Agreement to Conversion" forms. On June 22, 1992, staff received a letter in which William Moore states that he is the postal employee responsible for delivery of mail to 153 San Vicente Boulevard. He further states that he did not deliver the eight letters returned to the city because I was told by a person exiting the building that certain units were vacant. There have been problems with missing mail in this building in the past. I noticed that the gang of mailboxes were open and the name labels of of the boxes on several units were missing. Since I was told - 1 - ~ 1........ that those units were vacant, I returned the envelopes to the sender. I have delivered other mail to individuals in the units for which I returned this "occupant" mail and I do so if the City will return the envelopes to me. tachment K] same will [At- Per the Post Office's request, staff re-mailed the eight notices, sending them by certified mail with return receipt requested. Each of the return receipts were received by Planning and Zoning Division with the signature of the corresponding tenant who signed the IIAgreement to Conversion" form. In most cases the signatures on the return receipt appears to be signed by the same person who signed the IIAgreement" form, although there is some variation. (Attachment P) Further correspondence from Mr. Moore was submitted by the appli- cant on December 21, 1992. In this letter, Mr. Moore states that he recognizes the names of the people who are said to occupy the units in question because he has been delivering mail to them IIfor over a year." (Attachment K) Shortly after the original tenant notices were sent, staff received objections from several tenants and from a third party. This correspondence casts further doubts on the actual tenancy of the eight persons for whom mail was returned by the Post Office. (Attachment J) The letter from the third party, Claire Gould, was sent on June 5 and made several claims . Five tenants later signed a petition stating that Ms. Gould's statements were correct. Other letters of objection were also received, and the tenant in unit 3D, Jerry Tauger, withdrew his signature. The applicant was asked to respond to each of the claims made. Another letter of objection was received on December 30, 1992. (Attachment 0) On September 30, the applicant submitted a letter in which Jerry Tauger requests that staff "disregard" his original letter withdrawing his agreement to the conversion. (Attachment L) On December 29, the applicant submitted letters by Aileen Handen and Daniel Anzel, two of the tenants who had signed a statement indicating that Ms. Gould's observations were correct. The let- ters indicate support for the conversion, but they do not rescind earlier statements regarding the accuracy of Ms. Gould's observa- tions. (Attachment L) Claims which may have a bearing on the approval of the case, and their rebuttals by the applicant, are summarized as follows: 1) Ms. Gould's letter states that, "to the tenants' best knowledge," unit 2A was vacant at the time the application was filed, that the last tenant in this unit had died less than 6 months prior to the conversion application, and that the tenant listed on the application, Gus Konugres, actually lived in Canoga - 2 - I ~ ~.' ~ ..... .} Park. Pursuant to Article XX, Mr. Konugres must have resided in unit 2A as his primary residence for a minimum of 6 months prior to signing the "Agreement to conversionu form. The appl icant submitted a statement signed June 27, 1992 I in which Mr. Konugres states under penalty of perjury that he "has been the tenant in [unit 2AJ for more than six months." He does not state that this unit was his primary residence for at least six months prior to day he signed the Agreement to Conversion form on May 31, 1992. (Attachment L) As further evidence, the applicant submitted a copy of a lease agreement with Mr. Konugres dated December 1, 1991 and a a copy of a "Billing History" (not actual bills) from Southern Califor- nia Edison which indicates that electricity was billed in Mr. Konugres' name starting in late October, 1991, one month prior to the date on the submitted lease agreement. (Attachment R) Staff phoned Southern California Edison regarding this billing history and was informed by a billing representative that the information "can not be verified." 2) Ms. Gould's letter states that, "to the tenants ~ best knowledge," the tenant listed for unit 2C, Pauline Pappas, does not actually reside there, that she lives most of the time in New York, and that when she does visit 153 San vicente she stays in a different unit. It further states that unit 2C is utilized for storage purposes rather than living purposes. The applicant responded to this claim with a letter signed by Ms. Pappas declaring, under penalty of perjury, that she "has been the tenant in this unit since January 1985" and that she spends "part of each year in Santa Monica and part of each year in New York. II However, she does not state that unit 2C is her primary residence, and in fact leaves this open to question. In order to qualify as a cosigning tenant, Ms. Pappas must have resided in unit 2C as her primary residence for the six months prior to signing the "Agreement" form on June 1, 1992. The ap- plicant has submitted bills from Southern California Edison show- ing that Ms. Pappas was billed for each of the 6 months leading up to June 1, 1992, with an average daily demand of approximately 5 kilowatts for the 3-bedroom apartment. Staff believes this is a low amount of electrical usage for an apartment of this size. 3) Ms. Gould I s letter states that II it is the tenant IS beliefll that the tenant in unit 2H, Sherman Stacey, has lived there a much shorter period than the 16 months stated in the application, although they are not sure if it is more or less than 6 months. Mr. Stacey submitted a letter to staff stating that he has re- sided as his "sole residence in Unit 2H since February of 1991." He did not make the statement "under penalty of perjury," however. The applicant submitted a copy of an "Accounts Billing History" indicating that Mr. Stacey has been billed for elec- tricity at unit 2H since at least late October of 1991. He also - 3 - --. ~. - <.. t\..._-.-1 submitted a lease agreement dated February l, 1991, and a decla- ration by Ernie Powell, a representative of the applicant, that he saw Mr. stacey on the sidewalk in April of 1992 and that Mr. Stacey at that time indicated that he had lived at 135 San Vicente "over a year." (Attachment M) 4) Ms. Gould's letter states that, "to the tenants' best knowledge," unit 38 is either vacant or has been combined with unit 48 (the unit directly above 38) through a staircase con- structed without a permit. Paula Vasilas, the wife of the prop- erty's owner, signed as the tenant agreeing to the conversion for unit 38. Her husband Paul Roussos signed as the "Agreement" form for unit 4B. Although the applicant was asked to respond to all claims made in the obj ection letters, no response has been made to the claim that a staircase has been constructed between the units 38 and 48. No building permit has been issued for such a staircase. A building inspector attempted to make an inspection of the units on January 4, 1993, but was refused entry. If the units have been joined, this may have a bearing on the validity of the signature obtained from Ms. Vasilas or Mr. Rous- sos, since they would in that case effectively live together, although their vote has been counted twice. The City Attorney's office is currently evaluating this issue. Ms. Vasilas has written a letter stating that she is the occupant of unit 3B and that she has "always considered Apartment 3B to be my separate apartment. " She does not state that it is her primary place of residence, however. 5) Ms. Gould's letter states that, "to the tenants' best knowledge,n unit 3F is vacant. Nick Kallins signed as the tenant for this unit. The applicant submitted a letter in which Mr. Kallins states under penalty of perjury that he is the tenant of unit 3F. He does not state that this is his primary residence. A lease and some utility bills were submitted as further documentation. 6) Ms. Gould's letter states that, "to the tenants' best knovlledge, " unit 3K is vacant. Perry Johnson signed as the ten- ant for this unit. The applicant submitted a letter in which Mr. Johnson states under penalty of perjury that he is the tenant of unit 3F. He does not state that this is his primary residence. A lease and some utility bills were submitted as further documentation. 7) Ms. Gould's letter states that, "to the tenants' best knowledge,1l unit 4A is vacant. Sophie Vasilas signed as the ten- ant for this unit. The applicant responded to this claim with a letter signed by Ms. Vasilas declaring, under penalty of perjury, that she "has been - 4 - I ....'--~l._J the tenant in this unit since last year" and that she re- sides"part of the year in California and part of the year in New York." However, she does not state that unit 4A is her primary residence, and in fact leaves this open to question. Electric bills submitted by the applicant indicate continuous electricity usage in Ms. Vasilas's name for the six months lead- ing up to the day she signed the "Agreement" form. A copy of the lease indicates her tenancy began on the first of September, 1991. 8) Ms. Gould's letter states that, lito the tenants' best knowledge," John strike, who signed as the tenant for unit 4G, did not reside in that unit at the time the application was filed, as that unit was vacant. Mr. Strike's letter states that unit 4G is his "sole residence in California" and that he has another residence in Ohio. He does not state which residence is his primary residence. A copy of a "Billing/Payment Information" sheet indicates that electricity was continuously used in Mr. strike's name for the six month period leading up to the signature date. A copy of Mr. strike1s lease has also been submitted. 9) Ms. Gould's letter states that, "to the tenants' best knowledge," unit 4K was vacant at the time the TORCA application was filed. Anthony Vasilas signed as the tenant for this unit. Mr. Vasilas's letter states that he is the tenant of unit 4K, and that his wife is the tenant of the adjoining unit. He does not state that unit 4K is his primary residence. A lease agreement has been submitted as further evidence of his tenancy. Billing data was also submitted. Many of the bills indicate a daily average of less than 5 kilowatts of electrical usage. Staff con- siders this to be low for a 2-bedroom unit. It should be noted that the applicant has submitted no copies of canceled rent checks as a rebuttal to the claims by Ms. Gould. Although it is true that the blood relationship of many of the tenants in question is not a material issue, it is also true that in order to qualify as a co-signing tenant, an individual must reside in a unit in exchange for rent or some other form of consideration. Staff believes that the applicant has failed to prove that at least two of the cosigning tenants actually reside in their units as their place of primary residence: Pauline Pappas, who is listed as the tenant of unit 2C, and Anthony Vasilas, who is listed as the tenant of unit 4K. Like many of the other tenants in question, these individuals have not made a declaration that the subj ect units are their place of primary residence, or at least that the subject units were their place of primary residence during the six months prior to signing the Agreement to Conversion form. In addition, low electricity usage appears to - 5 - , ' ..J I.... _..L support the contention that these units are not occupied on a full-time basis. If the Planning commission determines that the signatures for units 2C and 4K are not valid, than the application must be de- nied because the requisite minimum of 2/3 cosigning tenants will not be met. The Planning Commission may deny this application ONLY upon a specific finding that the proposed conversion fails to meet the requirements of Article XX of the city Charter (TORCA) or the state Subdivision Map Act or is the result of fraud, misrepresen- tation, or threat or similar coercion. Ci ty staff has found basis for denial of this application and therefore recommends denial with the findings set forth below. Summary Information Number of Total Units 30 units with Cosigning Tenants 21 (70% of total units) Units with Tenants Signing Intent to Purchase 19 (63% of total units) Units with Senior or Disabled Tenants 2 Estimate of Conversion Tax $162,000 on sale of all units Owner(s) Harry T. Roussos and Theodosius T. Roussos Last Hearing Date per Sub. Map Act January 20, 1993, by extension letter Building Qualification: The subj ect building is a Qualifying Building per Sec. 2001 (1) of Article XX of the City Charter, as declared by the applicant and confirmed by the City Planning Di- vision, the Building and Safety Division and the Rent Control Administration office. Objections: Numerous objections to this Tenant-Participating Conver-sion were filed with the City within the 25 day objection period following notification to all building tenants of the Tenant-Participating Conversion Application, as noted above. Additional Information: Additional information may be found in the attached portions of the Tenant-Participating Conversion Ap- plication and Tentative Map Application. - 6 - .1. .'" I, _ ~ . . ...... - -...... Analysis/Recommendation: A Tenant-Participating Conversion, along with any required tentative map, may only be denied if it fails to meet the requirements of Article XX of the City Charter, is the result of fraud, misrepresentation, or threat- or similar coercion, or fails to meet any mandatory requirement of the Sub- division Map Act. In that this application does not meet the requirements of Arti- cle XX, staff respectfully recommends that Tenant-Participating Conversion 270 and vesting Tentative Tract Map 51424 be denied based on the following findings: Tenant-Participating Conversion Findings 1. This Tenant-Participating Conversion Application does not meet the requirements of Article XX of the City Charter of the City of Santa Monica. [reference Sec. 2004 (a), Arti- cle XX] 2. The Tenant-Participating Conversion Application has been deemed complete and accepted for filing. At the time of filing it met the requirements of section 2002 of Article XX of the City Charter for a complete application. However, based on data submitted since that time, it has been determined that the application fails to meet all of the requirements of Section 2002 of Article XX of the City Charter. The subject application was signed by cosigning tenants occupying 70% (not less than two-thirds) of all the residential units in the building. However, two of these signatures have been obtained from tenants who have not been shown to qualify as Cosigning Tenants. These individuals are Pauline Pappas (unit 2C) and Anthony Vasi- las (unit 4K). The applicant has not demonstrated that these tenants made their units their place of primary residence for the six months prior to signing, as required under Section 200l(b). (c) Within five (5) days of the filing of the Tenant- Participating Conversion Application, the City sent notice to every tenant in the building stating that a Tenant-Participating Conversion Application had been filed and that any obj ections thereto may be filed with the City within twenty-five (25) days from the date of the notice. (d) Upon the filing of the application for the required tentative sUbdivision/parcel map, the Tenant- Participating Conversion Application and required map were scheduled for hearing and processed in accordance with the procedures for the processing of subdivision maps. - 7 - Tentative Map Findin9s 1. The proposed subdivision, together with its prov~s~ons for its design and improvements, is inconsistent with Article XX of the City of Santa Monica Charter. ATTACHMENTS: A. Summary Cover Sheet B. Unit/Tenant Info. C. Seller Financing Info. D. Parking Plan E. Summary CC+R'S F. Tenant Notice G. Repairs and Alterations H. Radius Map I. Tract/Parcel Map J. Correspondence from Objecting Tenants and from Claire Gould K. Correspondence from Post Office Carrier L. Correspondence from Supporting Tenants and from Applicant M. Declaration of Ernie Powell N. Correspondence to Tenants from Staff o. Correspondence to Applicant from Staff P. ItAgreement to Conversionlt Forms and Return Receipts for Units 2A, 2C, 3B, 3F, 3K, 4A, 4G, and 4K Q. Lease Agreements R. Utility Bills (available for public review at public hearing or upon request) Prepared by: D. Kenyon Webster, Planning Manager Drummond Buckley, Assistant Planner PC2jtp270pC tpc# - 8 - .., ; '~I ~ - ~ - AITACHMENT C ~..., - ......'...... .. ..J P&Z:DKW:DB:PC2.TP270SUP Planning Commission Mtg: Santa Monica, California March 3, 1993 TO: The Honorable Planning commission FROM: Planning Staff SUBJECT: Supplemental staff Report for TPC 270, VTTM 51424, 30- Unit Tenant-participating Conversion Address: Zoning: OWner(s) : 153 San Vicente Boulevard R2 Harry T. Roussos and Theodosius T. Roussos On approximately the 18th of February, Bill Harris, a Senior Building Inspector with the Building and Safety Division, was permitted entry into units 3B and 4B. Mr. Harris confirmed that the two units are joined by a staircase with no separation at ei ther end of the stairway. Mr. Harris interpreted the stair connection to be a joininq of two units into one unit. The prop- erty owner has not obtained a building permit for the construc- tion of this stairway. staff believes that the joined units have the effect of creating one unit for the purposes of TORCA, and therefore the vote of Paula Vasilas (who signed as the tenant of apartment 3B) and the vote of her husband, Paul Roussos (who signed for unit 4B), should count in total as one vote rather than two votes. The Planning Commission may deny the project if it finds that the representation of units 3B and 4B as separate units, with sepa- rate tenants, consti tuted a misrepresentation of fact by the owner. If the Planning Commission does not make the finding of misrepresentation, but does make the finding that Ms. Vasilas and Mr. Roussos signatures only count once, than the applicant has a total of 20 tenants agreeing to conversion, which precisely con- forms to the minimum of 2/3 required by TORCA; in this case, the Planning Commission would be required to find that an additional signature was invalid in order to deny the proposed conversion. - 1 - 11 -. . , ATTACHMENT-D 1"'\ ...~ - --. ~. I 1"1.-...... .... " STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: TPC 270, VTTM 51424 LOCATION: 153 San Vicente Boulevard APPLICANT: Harry T. Roussos and Theodosius T. Roussos CASE PLANNER: Drummond Buckley, Associate Planner REQUEST: To convert 30 apartment units to condominiums PLANNING COMMISSION ACTION 3/3/93 Date. Approved based on the following findings and subject to the conditions below. Denied. x Other. Technical Denial. Unable to obtain a minimum of four votes for any motion. EFFECTIVE DATE(S) OF ACTION(S) IF NOT APPEALED: 3/13/93 3/13/93 TPC 270 VTTM 51424 FINDINGS 1. Technical denial. Failure to obtain a minimum of four votes on a motion for approval. VOTE ON A MOTION TO APPROVE PROJECT: Ayes: Parlee, Pyne Nays: Mechur, O'Connor, Polhemus Abstain: Absent: Gilpin, Morales NOTICE If this is a final decision not subject to further appeal under the city of Santa Monica Comprehensive Land Use and Zoning Or- dinance, the time within which judicial review of this decision - 1 - must be sought is governed by Code of Civil Procedure Section 1094.6, which provision has been adopted by the city pursuant to Municipal Code section 1400. I hereby certify that this statement of Official Action accurate- ly reflects the final determination of the Planning commission of the city of Santa Monica. signature date Ralph Mechur, Chairperson Please Print Name and Title I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. Applicant's Signature Print Name and Title PCjtp270sta DKW:bz - 2 - ATTACHMENT E ;~' I=~ ._... ./ MEMORANDUM OPINION NUMBER 93-4 DATE: January 29, 1993 TO: Planning Commission FROM: Joseph Lawrence, Acting City Attorney Mary Strobel, Deputy City Attorney Barry Rosenbaum, Deputy City Attorney SUBJECT: Interpretation of TORCA provisions Two legal issues may arise concerning Tenant-Participating Conversion 270, 153 San Vincente, which is scheduled for Planning commission hearing on February 3, 1993. The first issue is whether tenants can sign statements of Tenant Intent to Purchase ("Intent to Purchase") and Tenant Agreement to Conversion ("Conversion") forms if they have simply maintained a landlord/tenant relationship at the converting property for a six month period prior to signing these forms but have not actually resided on the property for this time period. The second issue which may arise is whether an owner or tenant of the property who occupies more than one unit in the building can sign the Intent to Purchase and Conversion forms for each of the units. These two issues will be addressed separately. I. In interpreting statutory prov~s~ons, one must determine and effectuate the intent of the legislature in adopting the legislation. Woods v. Young, 53 Cal. 3d 315, 323, 807 P.2d 455, 459, 279 Cal. Rptr. 613, 617 (1991); Kimmel v. Goland, 51 Cal. 3d 202, 208-09, 793 P.2d 524, 527, 271 Cal. Rptr. 191, 194 (1990). To determine legislative intent, one first examines the language of the statute itself. Id. The legislative history of the statute may also be considered in assessing the legislative intent in enacting the statute's provisions. Sand v. SUDerior Court of Solano County, 34 Cal. 3d 567, 570, 668 P.2d 787, 788, 194 Cal. Rptr. 480, 482 (1983). These rules of statutory construction apply equally to legislation enacted by the people. See Center for Public Interest Law-v. FPPC, 210 Cal. App. 3d 1476, 1484, 259 Cal. Rptr. 21, 26 (1989) TORCA Section 200l(b) defines a cosigning tenant as l1[a]ny tenant agreeing to the conversion by his or her signature on the Tenant-Participating Conversion Application who has ~ersonally occuDied his or her unit continuously for a period of a least six (6) months prior to the date he or she signs the Tenant- Participating Conversion Application." (emphasis added). TORCA section 200l(e) defines "Intending to Purchase Tenant" as U[a]ny 1 -: I. ~ ~- ...... .J... tenant who has personally occuoied h1S or her unit in the building continuously for a period of at least six (6) months immediately preceding the date the tenant signs a Tenant Intent to Purchase." (emphasis added).1 As emphasized above, there are certain key words utilized in these definitions which unquestionably indicate that more is required to be a cosigning tenant or an intending to purchase tenant than simply being a tenant for six months prior to signing the requisite forms.2 Pursuant to both of these definitions, a tenant must personally occupy his or her unit and must do so continuously. Under common parlance, to personally occupy a unit means to actually reside or dwell in the unit, i.e., to utilize the unit as one's actual place of residency.3 Moreover, pursuant to these definitions, one must do so continuously, i.e., during the entire six month period preceding the actual signing of the requisite forms. It is not necessary to simply rely on the common meaning of "personally occupy" to reach the conclusion that a tenant must actually reside in his or her unit to qualify as a signatory of the requisite forms. Other provisions of TORCA clearly indicate that this is the intended interpretation of this phrase since these provisions have used "personally occupied" and "personally 1// 1// / / / 1 TORCA Section 2001(p) defines tenant as "any person who is an authorized tenant of an owner of a residential rental building for which a Tenant-Participating Conversion Application is being processed.u 2 Indeed, given that TORCA specifically defines tenant, if one simply had to be a tenant for this specified time period there would have been no reason to add the language "personally occupied" or "continuously" to the definition of cosigning and intending to purchase tenant. It is a basic principle of statutory construction that one should not construe a statutory provision so as to render words used in that provision superfluous. Shoemaker v. Myers, 52 Cal. 3d 1, 22, 801 P.2d 1054, 1067, 276 Cal. Rptr. 303, 316 (1990); ~atter of Aaron S., 228 Cal. App. 3d 202, 208, 278 Cal. Rptr. 861, 865 (1991). 3 Words utilized in a statute are to be interpreted in accordance with their ordinary meaning unless the legislative body indicated otherwise. Poppers v. Tamalpais Union High School District, 184 Cal. App. 3d 399, 404, 229 Cal. Rptr. 77, 80 (1986). 2 -, reside in" interchangeably. 4 For instance TORCA Section 2004(b)(7) provides in relevant part: (A) All non-purchasing Participating Tenants who are senior citizens or disabled on the date of filing the Tenant-participating Conversion Application and who personally occupied a rental unit in the qualifying building continuously for at least six (6) months immediately preceding the date of the filing of Tenant-Participating Conversion Application shall be given the nonassignable right to continue to personally reside in their unit as long as they choose to do so. . . . (B) All other non-purchasing Participating Tenants who personally occupied a rental unit in a qualifying building continuously for at least six (6) months immediately preceding the date filing the Tenant-Participating Conversion Application shall be given the nonassignable right to continue to personallY reside in their unit subject only to just cause eviction for a period of five (5) years from the date the first unit is offered for sale. . .. (emphasis added}.s Further, TORCA Section 2001(j) defines "participating tenant" as "[a]ny tenant, including both cosigninq and non- cosigninq tenants, residing in the building at the date of the approval of the Tenant-Participating Conversion Application." Given that the express definition of participating tenant requires that participating tenants actually reside in the converting building, interpreting the definitions of cosigning and intending to purchase tenants not to impose the same residency requirement would make no sense. 4 A word or phrase that has been given a specific meaning in one part of a law is to be given the same meaning in other parts of the law. city of Sacramento v. State, 156 Cal. App. 3d 182, 197, 203 Cal. Rptr. 258, 267 (1984). SAccording to Webster's New World Dictionary, Second College Edition (1970), "reside" is defined in relevant part as "1. to dwell for a long time; have one's residence; live (in or at) 2. to be present or inherent; exist (in). . . .n "Residence" is defined in relevant part as 1t1. the act of fact of residing 2. the fact or status of living or staying in a place while working, going to school, carrying out official duties, etc., esp. long enough to qualify for certain rights, privileges, etc." 3 \.. - .. ... '. , ~ --" .... ... J Moreover, not only does the TORCA law itself make clear that to personally occupy means to personally reside in, this has been the historic interpretation given this provision by the City. For instance, Memorandum Opinion Number 84-87 issued by the City Attorney's Office on August 13, 1984 ("Opinion") analyzed when certain six month time periods specified in TORCA begin to run. As the Opinion discussed in relevant part: There are a number of six month requirements set forth in TORCA. In connection with the application process, there are two six month periods. First, an application for a tenant participating conversion must contain signatures by cosi9ning tenants occupying not less than two-thirds of all residential units in the building. A cosianina tenant is one who has resided in the buildinq for a period of at least six months prior to the execution of the application. . . . * * * Under the law all tenants who occupy the building on the date of approval of the tenant participating application have certain purchase rights regardless of whether or not they signed as cosigning tenant or intending to purchase tenant and reqardless of the lenqth of time they resided in the buildina. Opinion at 3 (emphasis added). The Opinion also concluded that a nonoccupying sublessor could not sign the requisite forms since the sublessor does not personally occupy a unit in the building. Id.6 This interpretation of the requirements of TORCA is also in accord with the stated purpose for which it was adopted. TORCA Section 2000 provides in relevant part: (b) It is sound policy to encourage such Tenant-Participating Conversions to allow tenants to purchase the units which they occupy and, at the same time, protect tenants 6 The City Council recently affirmed the analysis in the Opinion. More specifically, in upholding the denial of TPC 183, 2110 Fourth Street, the Council found that a tenant who had been out of the country for a majority of the six month period preceding her signing of the Conversion form was in fact ineligible to sign the form since she had not personally occupied her unit continuously for the six month period. 4 n '-1 j-" /l "-- -oJ ..... v :: who do not purchase their units. (c) This Article is designed to permit tenants to enjoy the stability, security and financial benefits of ownership of their own housing units. . . . It is certainly consistent with the stated purpose of TORCA to conclude that the home ownership opportunities provided by this law only extend to tenants who actually reside in their units.' Given the express language of TORCA and the purpose for its enactment, this office concludes that a tenant must actually reside in a unit in order to be considered to personally occupy that unit. In addition, as discussed, the definitional requirements for cosigning tenant and intending to purchase tenant require that such personal occupancy be continuous for the six month period preceding the signing of the requisite documents. While we believe the requirement of continuous occupancy could be interpreted to mandate that a tenant reside in his or her unit exclusively for the requisite period, this requirement has never been interpreted in this manner. That this is the case can most readily be ascertained by examining certain amendments to TORCA that were made in 1990 and the history underlying these amendments. More specifically, at that time, TORCA was amended, in part, to give owners-occupants of rental property the same rights to sign Intent to Purchase and Conversion forms as tenants. Thus, both TORCA section 2002{f) (pertaining to the signature requirement for cosigning tenants) and Section 2002(j) (pertaining to the signature requirement for intending to purchase tenants) were amended to provide that an owner who has continuously resided at the building as his or her princinal place of residence for at least six months prior to signing the requisite forms could be a cosigning and intending to purchase tenant. As stated, the express purpose of this amendment was to give owner-occupants the same rights to vote that tenants of the property had. For instance in correspondence submitted to the 7 It should be noted that TORCA provides the opportunity of home ownership to all participating tenants. As stated, to be considered a participating tenant, one must merely reside in a unit on the date of approval of the TORCA application. Thus, a tenant may well qualify as a participating tenant without meeting the requirements for cosigning or intending to purchase tenant. 5 C0~~= City council by Paul DeSantis8, he proposed amending TORCA to authorize owner-occupants to vote if an owner "resides at the qualifying building as his or her pr~ncipal place of residence and has maintained such residency for at least s~x months prior to application.,,9 Mr. DeSantis explained these proposed amendments as follows: Both of these proposed additions are declarative of existing law. When the very first TORCA application was filed, TPC#Ol, the City considered this issue. The four unit building had an owner-occupant who voted for the project. At that time it was decided that such owner-occupants should be allowed to vote if they met all other TORCA requirements. ... The Act does not exclude resident owners from voting. There has been nearly six years of past practice of allowing resident owners to vote (including City Attorney approval of CC&R's and other legal documents designating without exception resident owners as participating tenants) . To clarify this issue, it would be helpful to add language Clarifying that resident owners who reside at the property as their principal place of residence and have lived there for at least six months can be included as cosigning tenants and tenants intending to purchase. Again, such language would merely be declarative of long-standing City policy. (emphasis in original).lO At the public hearings on the proposed amendments to TORCA, it was also stated that the amendments authorizing owner- residents to vote was simply to clarify what had been the consistent practice of the City for the past six years and to 8 Mr. DeSantis has been integrally involved in the TORCA program since its inception and the City Council specifically requested that he work with the City Attorney's Office in drafting the proposed amendments that went before the voters in 1990. 9 While the ultimate language that was placed before the voters differed from the language proposed by DeSantis, the "principle place of residence" language remained unchanged. 10 The consistent administrative construction of a statute by those charged with putting the statutory scheme into effect is entitled to great weight. DeYounq v. city of San Dieqo, 147 Cal. App. 3d 11, 18, 194 Cal. Rptr. 722, 726 (1983). 6 " , . ~.; _ J allow owners to be treated just as any other tenant for purposes of this vote.il It might be contended that th1s ~nterpretat1on of what constitutes a cosigning and intending to purchase tenant may prevent an apartment building from converting and therein harm those tenants who have actually resided in their units for the requisite period of time. However, there are numerous instances in which the specific requirements of TORCA may prevent a building from converting even though there is significant support for the conversion among the tenants residing in the building. For instance, it is well-established that vacant units count as votes against the conversion. See TORCA sections 2002(f) and 2002(j). If the number of vacant units is high relative to the size of the building, a conversion may well not be possible. Similarly, only authorized tenants of the landlord can be counted as cosigning and intending to purchase tenants. See opinion at 2-3. If a building has a significant number of subtenants residing therein, a conversion may not be possible. Obviously, whether there are significant vacancies or subtenancies in a building is within the control of the owner of a building, not the tenants residing there. Based on the historical practice and amendments made to the TORCA law, we conclude that the continuity requirement is satisfied if a tenant has resided in his or her unit as the principle place of residency during the six month period preceding the signing of the requisite forms. II. As stated above, the second issue which may be raised by TPC 270 is whether an owner or tenant who occupies more than one unit can sign the agreement to Conversion or Intent to Purchase forms for each unit. As discussed above, both an owner and a tenant are only eligible to sign the requisite forms for a given unit if the owner or tenant has resided in that unit as his/her principle place of residency during the required six month time period. It would be contrary to the meaning of "principal place of residence" to conclude that an owner or tenant could simultaneously maintain two or more distinct units as his/her principal place of residence during the requiSite period. In short, only one unit can qualify as an owner or tenant's principal place of residence at any given time. Further, while 11 This intent was most clearly expressed by Councilmember Abdo at the July 3, 1990 city Council meeting. Paul DeSantis also reiterated this position at the May 15, 1990 City Council meeting. 7 '"1 ~, . , - ...... L_ it is conceivable that an owner or tenant could combine two or more adjacent units by opening or constructing passageways between these units therein creating one principal place of residency, it would be incons1stent to treat these combined units as the owner or tenant's principal place of residency for purposes of meeting the residency requirement on the one hand but then treat these combined units as distinct units for purposes of authorizing the owner or tenant to sign multiple Conversion and Intent to Purchase forms. Further, if TORCA were interpreted otherwise, it would be possible for an owner of a building with significant vacancies to combine multiple units as his/her principal place of residency and thereafter perfect a TORCA conversion with little need for significant tenant support. Once such a TORCA conversion occurred, the owner would be free to sell each individual unit as a separate market rate condominium. The TORCA law was never intended to be a vehicle through which owners of controlled rental properties could convert these properties into market rate condominiums with little tenant support for the conversion or with few actual tenants residing on the property. 8 n - . - - y _" l ....t .... ATTACHMENT F ("'! "'1 ~ ... - II. l:j -LJ ....;..... 1,.... J Cl~ of Santa Monica Community and EconomiC Development Department Planning and Zoning DIvision (213) 458-8341 APPEAL FORM FEE: $100.00 Date F~ed Recerted by Receipt No ~} n /0,3 Name Ted :\<OUS505 Address 153 San Vicente 4B Contact Person Rosario Perry San~~ ~onica. California Q040? Phone (310) 394-9831 Please descnbe the project and deciSIOn to be appealed TORCA Converswn Case Number TPC 270 Address 153 San Vl.cente ApplIcant Ted RU5S0S Ongmall'leanng date March 3, 1993 Onglnal actIOn Den1.a.1. by k'lanning Commission Please stale lhe spec"k: reason(s) lor Ihe appeal See Addendum Signature ~~ " 1ddrbonaI5pllC>> 15 t'I8llded, IDe bw:k Df bm ~~ 9, L'f93 DaM ~ - . I_~ ,_ ~.. J LAW OfFICES Of ROSARIO PERR I 1333 OCEAN AVENUE SANTAMONlCA.,CA. 90401 tele (310) 394-9831 March 41 1993 screen (310) 395-0645 fo.x (310) 394.4294 Members of the City Council City of Santa Monica, 1685 Main Street, Santa Monica, Ca. 90401 Dear Council Members: The issue on appeal from the Planning Commission's technical denial of the TORCA project is as follows: What is the correct meaning of the term "occupy" as used in the definitions of "co-singing tenant" and "intending to pur- chase tenant"? Applicant / Appellant's proposed definition (taken from Webster's dictionary and Black's Law dictionary) strengthens the protections afforded tenants under the TORCA law. The City Attorney's opinion drastically weakens these tenants TORCA protections. Applicant I Appellant does not understand why the City Attorney is recom- mending a definition which results in LESS tenant protection. We hope that in your decision you will not forget the fact that tenants need these added protections which the City Attorney is trying to strip away from them. Applicant I Appellant feels that the definition of "occupy" or "occupant" is clear. Webster's states to occupy is to "take or hold possession or control of' "the fact or condition of holding, possessing, or residing in" or "the act or fact of taking or having possession" Black's law dictionary defines occupant as "Person in possession. Person having possessory rights, who can control what goes on on premises. One who has actual use, possession or control of a thmg." 'Where a person exercises physical control over land." The Rent Control Charter Amendment ~1801 (i) defines tenant as a "per- son entitled under the terms of a rental hosing agreement to the use or 9ccupancy of any rental unit." (Emphasis added). 03-09-93appeal.frame 1 I~ 'J;~ ~: Thus if one has the right to live in a unit, (i.e. through a rental agreement as a tenant) and that right is unbroken for 6 months, then that person IS a co. signing tenant who has occupied the unit continuously for 6 months. This definition is consistent with the Rent Control Charter, Webster's and Black's Law Dictionary. I n opposition to this definition the City Attorney states that Uoccupy" means to "reside in one's unit continuously as his or her principal place of resi- dency. Reference is made to section 2002(f) where the requirement for uprinclpal place or residency" is placed upon owners who want to vote as co. smging tenants. The City Attorney states that since the requirement of "principal place of residency" is placed upon owners who want to vote as co- signing tenants, then it should be placed upon tenants as well. Even thought the language of the section is clearly contrary to that interpretation. The city Attorney says while the language doesn't support his position, he remembers the intent of the City Council back in 1990 when the amendment was proposed. Thank heavens, he is still here to remind us of what was in the minds of the City Council back then. If he weren't we would have to rely upon the clear wording of the TORCA law, and be mislead. The PROBLEM with the City Attorney's definition is that by making it harder for tenants to qualify as co-signing tenants (because of the "principal place of residency" requirements) then it is harder for them to qualify for the Torca protections granted to "Participating Tenants." The reason for this is that the tenants will have to prove that they live there as their uprincipal place of resi- dence" to qualify for Participating tenant status. Furthermore, senior citi- zen and handicap tenants who are given added protection in TORCA under 92004 (b)(7) will have to prove [not only that the are participating ten- ants -- see above for that problem] that for the 6 month period prior to Plan- ning Commission approval, they have live in their unit as their "principal place of residency" rather than simply showing that they have &loccupied" the unit during that time period. Furthermore, if they cannot show that they are "participating tenants" [perhaps they have lived in a rest home prior to the vote for awhile or with their children while sick] then they are subject to owner occupancy eViction and perhaps eviction under ELLIS as well. (see S2004(b)(8) where anti .ellis protection is afforded only "participating ten- ants." Appellant / Applicant submits that the issue is not does the tenant live there, 03-09-93appeal.frame for the tenants do live in the units in question. The question re~lIly comes down to are we going to define resident and occupant the same way [which we believe you should] and are we going to give these terms definitions con- sistent with the rent control charter amendment and consistent with added protections to the tenants living in these units. We hope that you will not break the trust that these many tenants have placed in the TORCA law, and that you will not redefine TORCA at this late date to strip away the many protections built into the law, by doing an end run I and defining occupant and resident in a highly restrictive way sug- gested by the City Attorney. Respecny submitted Rosario ~e~ 03-09-93appeal.frame 3 '" .1, i ./ ATTACHMENT G ....... - II t~rJ~l~ TENANT6PARTICIPATING CONVERSION APPLICATION (TORCA) I. SUMMARY COVER SHEET CITY USE ONLY File Number TPC %."10 1 ApplIcation Fee Pard SubdlVlSlOll Map Number (If available) $ 6100,- on '-/'/1' .'~1'Pc.1.~O Receipt by 1ll- Date Accepted fOf Filmg a b Tax Code identifICatIOn Map Book# 4293 Page 002 Parcel# 020 ProjeCt Address Street. 153 San VlCE!nte Boutevard City Santa MonlC8. State California Zip Code 90402 No of Units 30 Zone R-2 Legal DescnpllOr1 Lot 19. Block M, The PalISades c 2 a Ownet(sl Name Hany T Roussos and TheodoslUs T Roussos (d corporabon, UlClude names of pnnclpat stockholders) b Address Street# 153 San VIcente Boulevard, Unlt4b City Santa MonICa State Cahfornla Zip Code 90402 c Phone (310) 394-1163 (Attach Pre~mlOary Title Repol1) 3 a b Agent (If any) Name Rosano Perry Tltte Attorney Firm The Law Offices of Rosano Perry Phone (310) 394-9831 Address Street. 1333 Ocean Avenue City Santa MonlC8 ZIp Code 90401 c d e State California 4 Posl-conv8f'SlOn Form of Ownership (Condominium, slock cooperatIVe, communrty apal1ment. cooperatIVe llSSOCI8tlOf'\, or limned eqUlly hoUSing cooperatIVe) CondomJrnum 5 6 ""/r- .I a b Umts Wd.h CoSlgmng Tenants Number U Percent of Total Units &<:16/& Umts With TenaMs S1Qmng Statement of Inten110 Purchase Number l'f Percent of Total Units (,3 Yo Vacant Unrls Number Jl5 Percent of Total UOIts r1 c a Square Footage of BUIlding 51.744 b Square Footage of Lot 21,942 7 Rent Control Board Status Form ObtaIn a TORCA "Rent Control Board Clearance Form" from Rent Control, Room 202. CIly Hall. and prtlVlde wdh apptlC81lO1l (see attached sample) 8 a Onglnal BUlldmg Permit Date (or besl estrme.te of date of construction If no BUIldIng Pemvt IS on Clly file) Date 196~....., , BUildIng PermJt Number 8 389'5 b Dates and descnptlOl\S of subsequent modifications to bUIldIng or slle (Includ\l'lg changes 11\ number or sIZe of umts, parking spaces, non-permllled structures or units. elc) If addJtlonal space IS required for thIS InformaUOll, put rt on 8 1/2 X 14" sheets label them "BuildIng HIStory" and attach them to thIS appbcahon t1pp(lDU~D VJ I 'Z>~ fArZKWb Q G16 7) '.) PPrC;:;- 5 ," .~I ,~ -t _, ATTACHMENT H " r ~ , ' ~ ....: .t J City of Santa MOnica Land Use & Transportation Management Department CITY PLANNING DIVISION II. UNIT /TENANT INFORMATION Apt No of Tenant NamEIS (name(s) of lessee and all Length of Agreed to Intent to SenIOr (65 DISabled No bedrooms adult ~nts) occupancy conversIOn purchase years of (receIVing months (please Form age or older govemmental check) Signed (please dJSablhty (please check) (please check) ctleck) 2A 1 Gus Konugres 6 v v 28 2' Edlin NIChols 177 . v" 'v 2C 3 Pauline Pappas 59 -v 'V' 20 3 Kate Noune 113 ./ . V"" 2E 2 AlIeen Handen 71 .V- 2F 1 OeIdre Wood 42 V .v V- 'V '-'"'"" 2G 2 John P & Janel Baker 168 2H 3 Sherman L Stacey 16 .,/ . ..... 2J 3 Tana & Jeanene Herschold 220 ,/ 2K 2 Dalllel Anzel 171 3A 1 Ted Left 215 3B 2 Paula. V8Sl1as 45 ,./ ........ 3C 3 Meyer Rublll 187 (2."10)11. ........ 3D 2 Jerry Tauger -,..- ......- 3E 3 Meyer & Evelyn Adelman 158 3F 1 NICk KaU,ns 18 .y" .y" 3G 2 Ralph & Joyce Burlln 170 ..... 'V 3H 3 Manlyn Sogg 200 3J 3 Margo Dormer 101 3K 2 Peny Johnson 28 V' .......... 4A 1 Sophie V8Sllas 9 v . ...- 48 2 Ted Roussos 103 'V .V 4C 3 Pauline Anderson 175 40 3 Milton & Leah Sassing 203 4E 2 Harry Roussos 51 ........- .V 4F 1 Charles & Rosemary Ames 177 V . ,/ 4G 2 John 81nke 42 -,/ .~ 4H 3 VIVa" Island 237 4J 3 Herman & Jeanette Cowen 169 . ..,/ ,/ 4K 2 Anthony Vedas 44 - ........ ......... ..... . ATTACHMENT % r" _ - . _ I . I....! '.. ~_I III. SELLER FINANCING INFORMATION (IF OFFERED) NO SELLER FINANCING If seller financmg IS not offered. please pltlYKle mElXJmum purchase pnce and mmrmum down payment requrred (rt any) ApI' Tenant's Name Maximum Purchase Pnce' 2A Gus Konugres 330,000 28 Edrth NIChols . 550,000 2C Pauline Pappas . 700,000 20 KatlS. Noone . 700,000 2E Aileen Handen 525,000 2F 09lClre Wood '308,000 2G John P & Janet Baker . 525.000 2H Sherman L Stacey . 700,000 2J Tana & Jeanene Herscholcl 700,000 2K Danrel Anzel 550,000 3A Tad Leff 375.000 3B Paula VaSllas 625,000 3C Meyer Rubin . 780,000 3D Jerry Tauger 780,000 3E Meyer & Evelyn Adelman 600,000 3F NICk Kalllns 350,000 3G Ralph & Joyce BlI'Im .600,000 3H Manlyn Sogg 780,000 3J Margo Dormer 780.000 3K Perry Johnson .625,000 4A Sophie V8Sl1as '419,000 48 Ted Roussos '700,000 4C Pauline Anderson 880,000 4D Milton & Leah Basslng 880,000 4E Harry Roussos 700.000 4F Charles & Rosemary Ames 394.000 4G John Slnke . 675,000 4H VrYl8n Island 880,000 4J Herman & Jeanette Cowen 880,000 4K Anthony Vaslias . 700,000 -CONDITIONS OF SALE NEXT PAGE. 'Under ArtICle XX, SectIOn 2004(a)(2), atter 1 year has passed from the date first unit becomes avaIlable for sale, or the date of final approval by tile Callfomla Department of Real Estate, the tenant sales pnce may be adjusted accolt:llng to amy change reflected In the pnce Index occumng dunng the preceding year as published by the Bureau Jf Labor Stabstlcs .... ~ .J \l'{ ~ 70 ConditIons of Sale 1.) No Seller Financing is being offered. Tenants understand that lenders may reqUire that at least seventy (70) percent of the unIts must be In escrow and ready to close simultaneously before the first unit closes escrow. 2.) Owner may raise the prices listed by any increases In the cost of living Index as set forth in Article XX of the Santa Monica Charter one year after the Issuance of the Department of Real Estate Public Report. 3.) Each maximum purchase price listed here-In is only valid for the tenant whose name IS listed for that unit. Seller reserves the fight to not accept any "assignee" or "nominee" buyer may desire to place on title. 4.) Exchange: Buyers agree to cooperate with seller in a tax deferred exchange under Section 1031 of the Internal Revenue Code. Exchange shall be at no cost of liability to buyer. Buyer shall either accept a substituted seller or act as an accommodating grantor in a multi-party exchange, depending on how seller desires to structure the exchange. 5.) Down Payment: Tenant understands that there is no seller financing being offered by the seUer for the purchase of tenant's Unit. Hence, the total purchase price will be reqUired by seller through loan proceeds and cash down payment. The cash down payment amount will be determined by the terms of the purchase loan obtained. If tenant does not obtain financing for the purchase of tenant's unit from a lender, tenant understands that tenant will be paying the full price In cash. Currently, lenders vary on the amount of down-payment they reqUire buyers to come up with. the amount of the down-payment reqUired by lenders usually ranges from 10% to 20% of the purchase price. Tenant understands that landlord-seller does not control poliCies of lending institutions. 6.) For each unit purchased by a tenant, Seller will replace carpeting, and flooring In kitchen and bathroom, replace all appliances In kitchen, replace all plumbing fixtures and cabinets In bathrooms and kitchen and repaint interior. -" ~ ........ --" ATTACHMENT -:r {"I -, _- L ... -..... 'J 1_ W -oL IV. STATEMENTS OF TENANT AGREEMENT TO CONVERSION Attach Statements of Tenant Agreement to Conversl()ll signed by Agreeing to ConversIOn Tenants occupying not less than 213 (67%) of the total numberof resKlentlSl units In the building Agreement forms are Included .n the AppllCallon Package and are available from the Planning and Zoning DIVISIOn, Room 212, at Santa MonICa Crty Hall V. STATEMENTS OF TENANT INTENT TO PURCHASE Attach Statements of Tenant Intent to Purchase Signed by Intending to Purchase Tenants occupying not less than fifty percent (50%) of the total number of residential unlls III the bulldmg Statement forms are available from the Planning & ZOning DIVISIon, Room 212, Santa MonICa Crty Hall VI. BUILDING AND SITE PLANS Attach onglnal and two copI8S of both Bu~dmg Plans and a legible graphIC presentatIOn alll8' or 1/16" scale (not to exceed 14" x 17') delineating parking layout, floor plans (all levels) , slle layout, all extenor building elevatIOns, Wlth all measurements clearly IndICated ProVldmg IhIs information IS opbonal VII. BUILDING INSPECTION REPORT Attach a copy of the Bulldmg InspectIOn Report prepared pursuant to Owner's declaratIon number B (Seehon X of thIS Application) Report must cover the acceSSible portIOns of the entire bUilding, and must be prepared by a lICensed Bu~dlng Inspection SelVlCe or IndIVidual Please request that your building InspectIOn reporl mclude a summary sectIOn evaluating all maJOl" systems and stnJdures of the bUilding VIII COMMON AREA, MAINTENANCE AND BUDGET INFORMATION The following IS Common Area. Maintenance and Budget InformatIOn common to all Units In the BUilding as required under SectIOn 2002(c) of the Crty Charter .Ji.- PARKING SPACES ,... There are 46 total parkllg spaces for the BUilding conslshng of 39 covered spaces and 7 open spaces Check any which apply xx Each unit Will be assIgned the exclUSIve use of _ parkmg space(s) NOTE SEE PARKING PLAN Each unit wdl be entitled to partclng space(s), the exact locallon of whICh may be reassigned upon Ihe duly authonzed achon of the GovernIng Body tor the Homeowner's Assoclallon No unit WIll be entitled to a parking space and baSIS 10 tenants parkmg spaces will be available on a Only those unlls SpecJ!led by attachment will be aSSIgned parking (attach an explanatIOn of thlS and label It "Pariang") spaces Spaces WIll be reserved for VlSrtor parking Spaces Will be reserved for commercial tenant parkmg The Jnltlal monthly parking space fee to Ihe Homeowner's ASSOCiation wilt be S parlang space per Other (Specify) SEE NEXT PAGE FOR PARKING PLAN 153 San V~cente--Park~ng Plan SAN VICENTE BLVD. 3B 4E 4B r2A 2F 3C 2B 2J 4H 4D 4C 3D 3A 2E 3J 2D 4K 3G 4J 4K 3G 4J 3C j 1 ALLEY 3E 2G 3B 4G 4G 4B 4E 4B 4E 3B 3H 3K 2H 3K 2H 3F 4A 2K 4F 2C 2C Jt 3C J ~ ..... . '_- -' .....I ATTACHMENT Ie. IJ - - ,-- .I I ~ . I I . _I _ "-" t RESUME OF THE 153 San Vicente Boulevard HOMEOWNERS ASSOCIATION RESUME 153 San Vicente Boulevard HOMEOWNERS ASSOCIATION CONDOMINIUM ARTICLES OF INCORPORATION, BYLAWS AND CC&Rs RE Tract No 5)4;)<1 Name of SUbdivIsion: 153 San Vicente Boulevard Address of Project. 153 San Vicente Boulevard, Santa Monica, Ca Number of Units: Thirty (30) 1. Type of Organization: ThiS IS a NonprofIt Mutual BenefIt Corporation organized under the Callfornra Nonprofit Mutual Benefit Corporation Law. 2" Membership: Any and all persons (Owners) (Including Declarant) who have record ownership of a Condominium or a part of one. 3. Membership Termination: Only upon sale by Owner of Owners interest In a CondomInium is Owner no longer a member of the Association. 4" Voting Rights: Imtlally, the Association shaH have two classes of voting membershIp' Class A. Class A members shall be all Unit owners with the exception of Declarant. Class A members shall be entitled to one vote for each condominium owned by them. When more than one per- son holds such interest in any condominium, all such persons shall be members. The vote for such Unit shall be exercised as they, among themselves, determine, but In no event shall more than one vote be cast with respect to any such condominium. Class B. The Class B member shall be Declarant. The Class B member shall be enbtled to three (3) votes for each condominium owned by it, prOVided that the Class B membership shall cease and be converted to Class A membershIp on the happening of the following events, whichever occurs earlier" Page 1 -, -. ' , - , , , \ - ~ - .- .) RESUME OF THE 153 San Vicente Boulevard HOMEOWNERS ASSOCIATION A. When the total votes outstanding In the Class A membershIp equal the total votes outstand- Ing in the Class B membelShlp; or B Two (2) years from the date of the anginal Issuance of the Final SUbdiVISion Public Report Issued by the Department of Real Estate for the PrOject 5. Management: Management shall be appomted by the elected Board of Directors to operate, maintain and manage the Project. 6. Project Life: Fifty (50) years 7. Effective Term of and Amendments to CC&Rs: TerminatIOn fifty (50) years with automatIc ten (10) year penod renewals unless majonty of owners vote to partition prior to one year before each termination period. Declarant can, prior to sale of first condominium, but only With approval of Santa MOnica Planning Commission, amend CC&Rs as long as It does not conflict with terms established for mortgagee protection After sale of first condomm- ium, minimum of 75% of both owners and Declarant voting class if two class voting m effect. If one class votmg, then minImum of 75% of votes and at least 51 % of owners (not Includmg Declarant) 8. Maintenance Provisions: (a) Each Owner shall maintain in a clean and sanitary condition and in good repair the Interest of hiS Unit. (b) Common Areas: It IS the responsibility of the Homeowners Assoaatlon to maintain the Common Areas in a clean and sanitary condition and in good repaIr. 9. Damage ~ Repair or Abandonment Provisions: Upon partial or total destruction, If the available insurance proceed cover not less than 85% of cost of repair, the project shall be rebuilt, unless at least 75% of owners within 90 days vote not to rebuild If the available insurance proceeds cover less than 85% of the repair costs, the project shall be rebUilt unless 66% of owners, Within 90 days, vote not to rebuild. As soon as possible, the Board of Directors of the Association shall obtain bIds from at least two (2) reputable contractolS, hcensed In Califorma, whidl bids shall set forth In detail the work required to repaIr, reconstruct and restore the damages or destroyed portions of the Common Area and determine the amount of all insurance proceeds available to the Association. 10. Description, Ownership of Condominium Units: The Declaration established a plan for the individual ownership for the air space contained WIthin the Thirty (30) indiVIdual Units compnslng the building Page 2 RESUME OF THE 153 San Vicente Boulevard HOMEOWNERS ASSOCIATION This IS a ThIrty (3D) unit condominium, single structure. Owners own each unit and One Thirtieth (1/ 30 th) mterest In the Common Area. There are 6 units, wlth1 bedroom. 2 bathrooms~wlth kitchen, Iivmg room, and drning room There are 12 Units with 2 bedrooms, 2 bathrooms, with kitchen, liVing room and dlmng room There are 12 units With 3 bedrooms, 2 bathrooms, With kitchen, hVlng reorn and dining room . The units are gross 97 S square feet to j} SO square feet. 11. Description~ Ownership and Use of Common Areas: The Declaration provides that the Owners of the individual Units shall have an undivided fractIonal Interest In the Common Area and each Owner shall have an exclusIVe use of certain common areas for patios and for the benefit of their Umt for Ingress, egress and support over, across and through the Common Area. 12. Parking Space Assignment: There are 46 parking spaces conslstrng of 39 covered spaces and 7 open spaces. Each unit will be assigned the exclusive use of 1 or 2 parking spaces. 13. Restrictions: a Owner's Fmanclal Legal Status b Use. c Any Restncbons on Age of Occupants' d Pets. No restnctions Solely resIdential use permitted. No restrictions. Two domestic pets per umt allowed Prepared by. LAW OFFICES OF ROSARIO PERRY 1333 Ocean Avenue Santa Monica, California 90401 Telephone: (310) 394-9831 Fax: (paper) 394-4294 Fax: (screen) 395-0645 Page 3 ~ . . , ~ .......; ~ -J I ATTACHMENT L. .= ~II~ ~, -~ I City of Santa MonICa Department of Community & EconomIC Development CITY PLANNING DIVISION DATE. \) V lit:. 5'J NOncE OF INTENT TO CONVERT (for existing tenants) ('1 Cf'L To the occupant(s) of Street \ 5 3 S6.. '" V\L.<v....+e.. 15\ v J. . CIty 50.. '"'- ~ M.. t) ... \ c...a.... State C ^ The ownel'(s} of this building, at \ &; ~ 5a. "" l/, i..e. V\ tc 'B f V t . tentative map With the City of Santa MOnica to convert thIS building to a Zip Code C;O'fO'J- (street & #), p1an(s) to file a C.Oh.JO~"VlI"'-1 (post-convel'Slon form of tenant - ownership) You shaIl be gIVen notice of each heanng for which notrce is required pursuant to Sections 66451.3 and 66452.5 of the Government Code. and you have the nght to appear and the right to be heard at any such hearing. rUt. ~ (signaltn 01 owner DI" owner's agert) 6, /?" 1&/'1- (daIt) NOTE: ThIs notice must be given to all tenants at least SIxty (60) days prior to filing any application for a tentative SUbdiVISion map (as required by the State Map Act, Section 66452.9. .. '"' -, . I - ~__: 1---" 1............... I ATTACHMENT Nt. .: ,...-, .-. - .. oJ -_ '-" J City of Santa Momca Department of CommunIty and Economic Development CITY PLANNING DIVISION - IX. RJ;PAIRS AND ALTERATIONS Detail all repairs and alterations, If any, which will be performed before the close of the first escrow When all repaIrs are complete, you Will be required to submit a signed declaration by the owner that all repairs are complete List for common areas and for each unit separately, and Indicate who Will pay for repairs Common Area: .Reconstruct entry door .Remodel elevator entry and lobby area on ground floor -Renovate laundry room -Install new drainage for front yard area. -Replace front yard landscapmg -Repamt extenor of buildmg Units: -New Interior mlm blinds on all wIndows. -Replace all window screens. **NOTE REGARDING ElliS REMQV ALS. The owner will Include In the required Consent to Conditions a special provIsion to prevent any .Ellls Act" eVictIon of .Partlclpatmg Tenants. as defined In ArtIcle XX (TORCA) 1'"'1 -; ~ ., I . - ..~ ....) ...J.. 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'-'l1 i '''''''':( J"....: 'II! ,Ji' ! ~ c: . . i~ ..J .' i ,.il_~ 1 _!,. t ~ 1~ " .... ~'C) , p ~)~.;~ -i... :1 _..~~ +- pU,"tq..~ . 5 ~ -~~i ."'C.. ~CENTE BOULEVARD ~ __.i~____ IIIIM.. AftF NU FXISIINII ch"if-MFN1S ON THr t;:tIF OWNrRlSlJOIJIVIDfR 511~LL (.OMrl Y Willi lit I RLQUIPfM[NrS nWM THt CITY or SANrA "O>UC.. GFNEOI\l 5HV'US DLP....UMI.NT IUI... 21 ..~.I{ ( ~~A'--L Ii e,L .' ~c~ "l.I>71! JosrlJ'" It (^UN It>i. 9f~ lIOSI ;\ VI Nt.. VENICL (AIII-tJM:N', Ilfl nuu lct5 "it19l1 -.. J Y ATTACHMENT P .' ',' - ~ ....i 1_ ,,-' . CLAIRE COUI.D 1138 12TH STREET SP-MA MONICA, CAuFOANlA. 90403 310/451-0330 June 5, 1992 Hand Delivered Drummond F. Buckley AssIstant PJ Anner City of Santa Monica Plflnning DiVISion 1685 Main Street P. O. Box 2200 Santa Monica, CA 90407-2200 Re: TPC 270 . 153 San Vicente Boulevard Dear Drummond: As I mentioned on the phone, I have been contacted by several tenants in the above building where, as I understand It, the owners began sohciting TORCA signatures on May 31, 1992 and filed a TORCA applicatIon on June I, 1992, which application was deemed completed on June 4, 1992. The tenants I spoke WIth would like to commumcate information to the Planning Department and have told me they are willing and eager to confirm the Information to City Plflnn111g staff They have, however, asked that I initially transmit tms on theIr behalf and have requested that I not convey their DRrnl;lS and phone numbers in this letter, thus I have respected their request. They have authorized me to release theIr names and phone numbers to Planning staff by phone. I was contacted by phone by three tenants and spoke with them at length on the phone. AdditIonally, I personally viSited two units, one occupied by a tenant who had telephoned me and one occupied by another tenant. The names of two other tenants, whom I have not met, were gIven to me also as being tenants who WIsh to provide Planmng with the information conveyed below. I have noted areas where I personally observed information conveyed to me by tenants. A copy oftlus letter has also been delIvered to the owner's agent, Rosano Perry. at hi~ Ocean Boulevard office. .. " CLAIRE GOULD DrnmTl'1ond F. Buckley CIty of Santa Monica plAnning Department June 5. 1992; Page 2 of 6 Cosi~ing- Tenants The tenants believe/were told that signatures were obtained from tenants in specific l)nits which have been vacant for some time. I was told that the owners have permitted relatives to stay in these units occasionally. although such relatlves have not "personally occupied his or her unit continuously for a period of at least SIX. months prior to the date he or she" signed the TORCA application. I Unit No. : Details Relayed by Tenants ------------;---------------------------------------------------------------------------------- I I -------------r--------------------------------------------------------------------------------- 2A ! To the tenants' best knowledge, this l1mt is vacant. The tenant in this unit : med less than six months ago. The person listed In the application as the ! tenant in this nmt, Gus Konugres, lives in Canoga Park (Note: I checked : Information and there is no hsting for Gus Konugres at 153 San Vicente. : There is a listing for Gus Konugres in Canoga Park: 818fi10-8352.) -------------r--------------------------------------------------------------------------------- 2C ! To the tenants' best knowledge, this unit is vacant. The name listed for the j tenant in that umt, Pauline Pappas, IS that of Paula Roussos's mother. I : Paula Roussos is the wife of owner Theodoslus Roussos. Ms. Pappas lives ! in New York and visits occasionally, staymg in one of the other vacant J units when she does so Unit 2C is used for storage. ------------;---------------------------------------------------------------------------------- 2H ! The tenant in this umt, Sherman Stacey, is listed with a residency of 16 : months. It is the tenants' belief that Mr. Stacey's reSIdency is of much ! shorter length, although they are not poSItive whether it is somewhat less : or somewhat more than SIX months. The tenants also conveyed that Mr. l Stacey is an attorney and accompanied the owners when signatures were : sohcited on May 31. 1992. ------------;---------------------------------------------------------------------------------- SB ! To the tenants' best knowledge. this unit IS vacant. The tenant listed for : this unit, Paula Vasilas, IS Theodosius Roussos' wife. She and her husband ! occupy unit 4B immediately above unit 3B. The tenants told me that Mr. l Roussos has 'Jomed" the two units (3B and 4B) by "breakmg through the I floor and Installing a statrcase" and that some children's bedrooms are : located in unit 3B. (Note: Rent Control adVIsed me that their records do J not show an owner occupied fee waiver for umt 3B.) ------------~--------------------------------------------------------------------------------- 3C ! The tenants believe the correct name of the tenant m thIS unit is Morris : Rubin, not Meyer Rubin. ____________Jl_________________________________________________________________________________ ,I , , CLAIRE GOULD Drnmmond F. Buckley City of Santa Monica p)~mning Department June 5, 1992; Page 3 of 6 . Unit No. : Details Relayed by Tenants ------------~--------------------------------------------------------------------------------- 3F : To the tenants' best knowledge, thIS unit is vacant They do not know I : anyone in the building named Nick Kallins, nor have they ever met any l tenant currently residing in that unit;. ------------~--------------------------------------------------------------------------------- 3K : To the tenants' best knowledge, this unit is vacant. They do not know I : anyone in the building m'lmed Perry Johnson. nor have they ever met any : tenant currently residing in that unit. ------------~--------------------------------------------------------------------------------- 4A ] To the tenants' best knowledge, thi$;l. unit 18 vacant. The former tenant in : that nnit, AI Hobson, moved away in either December 1991 or January ! 1992 followmg the death of his companion. I I I The tenant listed for this umt, SophIe Vasilas, is a relative of Theodosius J Roussos and does not live in the buildmg. ------------~--------------------------------------------------------------------------------- 4G ! To the tenants' best knowledge, this unit is vacant. I I : The tenant shown for that 1x!lit;. John Strike. is elther the father or brother : of Harry Roussos' wife. ------------~--------------------------------------------------------------------------------- 4K 1 To the tenants' best knowledge, this unit is vacant. I I ! The tenant shown for this Ulllt, Anthony Vasilas. is the husband of Pauline : Pappas (shown as resident of 2C as per above notation on 1mit 2C). r One tenant told me that when It was pomted out to hIm that nobody bves in the units the tenants believe are vacant, the landlord's response was to the effect that those were his "Imagmary tenants" and that "they only come out at night.". I do not know which of the two owners is the landlord involved in this statement. Buildinf?; inspectIon Report The ten~nts told me this report IS maccurate in many areas Some examples relayed to me are: 1. Unit Size (page 4 of report) Twelve units are hsted as 3-bedroom units. The tenants told me there are no three bedroom units m the building. (The two units I visited are bsted as 3-bedroom units. In both cases, there were only two bedrooms. I was shown the area m those units which the tenants beheve the owner regards as a tlnrd bedroom. From my personal CLAIRE GOULD Drnmmond F. Buckley CIty of Santa Monica plRnning Department June 5, 1992; Page 4 of 6 observation, tlus is an open area In the living room where below-waist-Ievel r~Jliug has been installed in one of the two units I visited (there was no raihng in the second unit I visited). The area is not enclosed WIth walls, there is no door leaning into it as it is part of the hving room area and there is no closet. As a stranger walking into a 11nit with thts floor plan, I would presume this area to be part of the hving room. The tenants told me that in some units, this particular area had been enclosed by the residents of the units. I did not visit units where thIs type of enclosure may have been effected.) 2. Roof (page 4 of report) The roof is not in good condition and there is leakage during penods of rain. (I was shown ceiling water stains in two units which could have been caused by tlns type of leRkRge, although I am not an expert on the subject and can only confirm that there were water stains on the ceihngs of these two units) I was told that the roof was repmred "to the owner's satIsfaction" after which tenants were informed by the landlord that the roof was "leakproof', and that during subsequent rain the roof af1'lin leaked mto at least one tenant's unit. 3. PatiolDecks (page 5 of report) The report states that all units have balcony patio decks wlnch have Italian tile recently installed The tenants told me that none of the units have patio decks. The two units I personally visited do not have a patio deck. 4. Garage (page 7 of report) One of the two exit doors in the parking structure IS "Inoperable" in that access to it is blocked by a number of refrigerators stored III front of the door 5. Plumbing System - Fixtures (page 9 of report) To the tenants' knowledge. there are no "new low flush toilets ,. mstalled. Their recollection is that flushIng dams were Installed in existing toilets at the Citys request. to comply with water conservation measures. The comment was made that since tlus modification was made, it is now necessary to flush twice instead of once in order to obtain the SRmp' flushing result as that obts:lmed prior to the modification. IUtchen counters are formica. not tile (in the two units I viSIted, I personally observed that kitchen counters were formIca although they were hsted as tile ill the report.) 6. Miscellaneous I was shown the followmg items m the two umts I Vlsited and compared what I observed With the inspection report: CLAIRE GOULD Drl1mml)nd F. Buckley City of Santa Monica plAnning Department June 5, 1992; Page 5 of6 Kitchen cabinets are wood fim!;h, not painted wood Wlth formica fronts as stated in the report; The kitchen floor in one Unit appears to be sheet vmyllinoleum and the floor in the second unit was tiled (although I ('!'Innot tell what the tihng matenal is). The report states that the kitchen floors in these units are, respectively, VInyl tile and wood flooring; The range hood in one unit IS hsted as "old but working". The tenant turned the hood unit, on in my presence. It did appear to work; however, it was extremely noisy and made a nOIse which I can only describe as a screeching sound; The electric range in the second unit is listed as new in the report It appears to be an old range; I was shown the mtenor of the dishwasher in one unit and observed that there is a hole in the mtenor portIon of the IDshwasher door. The dIshwasher is hsted as old In the report; I was shown the fireplace in one unit. The fireplace is hsted as "imitation" in the report. The tenant says it is a real fireplace and it appeared to be a real fireplace to me, although I did not see it in operation; I was shown a defective light switch in the bathroom of one unit and personally operated the switch. In so doing, I found that turning the switch to the off position did not turn ofT the hght It was necessary to push the SWItch in before the hght was turned off; The tenant of one umt I Visited told me no painting had been done in the apartment for approx-imately ten years. The report states that the bedrooms are newly painted. (The tenant of a umt which I IDd not viSit told me that the unit; he resides in has not been painted dunng the 24 years of'ms residency. I have checked the report and it does not state that this particular unit has been newly painted.) Although not mentIoned in the report, one tenant told me that approximately half a cup of termIte "dirt" is removed from the hvmg room area of that unit on a regular basis during cleaning CLAIRE GOULD Drnmmond F. Buckley City of Santa Monica plJ:lnnlng Department June 5, 1992; Page 6 of 6 Additionally, the tenants wish to state that the residents of the followmg units are senior citizens (although there may be others): 2G, 3C, 3D, 3E, 3H. 4D, 4H. 4C and 4J. Tenants also told me the tenants were told by the owners it was OK to sign the Intent to Purchase form even If they didn't want to buy because they would not have to buy. Lastly, one tenant, Jane (fictitious name) told me that on May 31 she was informed by another tenant Olga (fictitious pmn~) that the landlord had stated to Olga that Jane had already signed the approval and intent forms, when Jane had not yet been approached by the landlord. Please feel free to call me if you would like the names and phone numbers of the tenants who would like to speak with you regarding the above information. SlOcerely, /, .1-<. .' : .:iA.'u_/~t.U~.L-A ~- CLAIRE GOULD cc: Rosario Perry. Esq. - Hand Dehvered Tenant Representative at 153 San Vicente 153 San Vicente Boulevard Santa Monica. CA 90402 CITY OF ,.... : ~ A ;,J;";i..~' - - ..)r~-~ ~ ....... ' ..\.I.;. ...__ CITY PtAll'" .... I'\r=-f^r- nhl ~.J ; 'f'"r L.t: June 1St 1992 "92 JI 24 Pl2 =22 Drmmnond F. Buckley Assistant Planner City of Santa Monica PIRnning Division 1685 M~in Street P. O. Box 2200 Santa Monica. CA 90407-2200 Re: TPC 270 . 153 San Vicente Boulevard The undersigned tenants at 153 San Vicente Boulevard have received the Planning Department's notificatIOn that a TORCA conversion application (TPC 270) has been filed for the building we live in. We wish to comment on the application as follows. 1. We are not in favor of conversion and we do not intend to buy our apartments and therefore we did not sign approval or intent forms. 2. Our understanding of the TORCA law is that vacant apartments count as "no" votes. The application shows that signatures were obtained for eight vacant units in the building. If these units were counted as "no" votes, there would not be a sufficient number of legitimate signatures to enable the owners to apply for conversion. We believe that acceptance of the conversion application by the Planning Department should therefore be reversed and the application should be rejected. 3. In addition, there are many items in the building Inspection report which are incorrect. 4. Some of us have spoken with and/or met Claire Gould and asked her to convey infotJuation to you on our behalft including information regarding fraudulent signatures submitted for a number of units in the building. We have copies of Drnmmond F. Buckley City of Santa Monica PlAnning Department June 15t 1992 Page 2 Re' TPC 270 - 153 San Vicente Boulevard Ms. Gould's June 5 letter to you and the information she transmitted is correct. We are ready and willing to speak or meet WIth you and information Ms. Gould gave you on our behalf. ~ s.~ ~ Marilyn Soki, 3Ht p~'b.e: 5. r;tl&4~:/ jI'I. ~'j,v-.rcc-, Da:niel Anzel, 2K, p ne: ~~~ Te:o 1..eff, 3A, phone:310- S--088-'J.... - u:J~-~ ~~ Milton 8ILeah Bas9!bg, 4Dt phone: a 310 -3/{r-SSf;S confirm the {) 'f'f. ~()I iJ Margot Dormer, 3J, phone: -..o,..R(}..~ ~""""-- 4~ =F'A".Loi. A ~ J)~JrSC>N I./-G I I 3 q ,~ ~ b 5 ., , ?JhW~ ~ " i ~'..._......, rl.r~ .~ ~-,' 7 s;~ v-J ~ "j p~~ ~ ' ~_~L ~_~~ Alt.~~}./ fI ~/oI6e^" A. E) ... ~ ~ ^~7':"/:_~_ /J q,. ~ _ _ _ _' ~ ~ .,. v, -~I / r---n ~ ~~ :s n(") =i=i -<-< te -00 r--n )>V> - ~ - N z~,. . - - I.....J........ :g 0:;: rl - IV "'n~ -" .) I..... r ~ ;..,) ""T'1 . ... R?~ N m,~ JUDe 17, 1992 PlA~m11g and ZO"l!i~ nLvis:1on Santa Monica City Ball, Boom 212 168 5 )lain Street Santa Monica, CJ. 90401 Attention: D. B:lck:ley, IfPC 270 ~ ,.. II: 'II: --.. ... lJ -~h - ~\\ ~L~NS ~.? 'dFf\C~ -,z J.M 22 A9 24 Dear D. IUckle)": I am ",d tiDg in regard to the inspection report; prepared on 5/11/92 bt the Bel tran Construction 00lD:p8l:Q' :tor the apartment 1mi ts at 153 San Vicente B:nil.ewrd in Santa Monica. Much at' the :1ntomat1on regard:i.Dg tile units :1s :talse, and one wonders :11' the comp8!lY'S inspectors ever 8819' the buildiog in qiestian. Outstand1~ among the II\IIllero1lS errors are 'the following: - On page 5 the report states that "all "'PI; ts have pa't1o decks wbich have Italian tile recently ~ 'PIRtalled. tI In tzutb, the tile on the patios was installed when the bu:i.ld; 'PI~ was constructed sOIDe 28 or 30 years ago. - Un1 ts 2A, 2F, 3A., 3F, 4A and 4P DO BOT haTe 2 fll" bet-hn, as stated. Each of the above- mentioned units has 1 ~" ba1ih and 1 half'-bath w.1.th toilet and pn"ma", sink. - UDits 20, ?WpJ:&tK"J 2D, 30, 3D, 40, 4 D and units 2B, 2I, 3R, 31 4H and 41 DO NOT have :5 lted2'Ooms as stated. fi1ese units have oDly 2 bedrooms each. - According to tbe report, lm1 ts 2B, 2E, 3A, 8DI1 3E have bathroom windows; howeYer, none of the "'PI; to in the buil;!i~ haTe bathroom w1DdOWB. - The report incorrectly c1Ai.mR that each 1m; t has a nett' low-flush toilet. Some months ago, devices were placed in each tti.let taDk to reduce water flow. !hese were add-ons, !Q! new toUets. SincereJJ' , A Concemed Priend of the !enants t\ ..-, '" .) I..... i .J June 15, 1992 Drummond F. Buckley City of Santa Monica, Planning Division 1665 Main Street P,O, Box 2299 Santa Monica, <<alif. 90407 CITY OF $! t_. ~ .. M/) , -_ CITY PlANti ~.~ 01F~CE "P2 JJV 18 AS;J 3 Dear Mr. Buckley. ReI TPC 270 - 153 San Vicente BI. Like many other tenants in this building, I was a~proached to sign papers without any Prior Notice or information. I did not sign Intent to Purchase, but I did sign Agreement to Conversion. I now feel uneasy about the conversion and would like to withdraw my signature. Your Notice to Tenants of June 6, 1992 states we should notify you of inaccurate informantion on our apt., ot"ri1t will be considered correct. So --- In my apt. (2E) the hall bathroom is not a full bath, and the tub and ahower are not se~arated. The tub drain does not work ( I cannot close it) and the bathwater from the tenant above runs into my tub for about three inches. It drains, leaving a dirty residue. I have complained about this, and two or three weeks ago Harry Roussos examined the drain mechanism and said he could not fix it. ~e light fixture aboce the sink on the left side shorts out when you screw in a light bulb. It is neceassary to re-set the circuit-breaker in the hall. The second bathroom off the bedroom is a full bath and the tub and shower are separated. The toilet is not new althou~h a low-flush apparatus was installed about a year ago. /!h.~ter in the upper tamk bubbles and drips at times, and the rubber tube inserted into the cyjinder flips put and squirts water unless I secure it with masking tape. Sincerely, II J.~ !rfi1w1~ Aileen Handen 153 San Vicente Bll #2E Santa Monica, Calif. 90402 - ; 153 San Vicente Boulevard Santa Monica, CA 90402 CITY O~ r: . ~ . ,l. ~.":G~ : r CITY PLAN~-' -: C'.FPGE June 15, 1992 W J.I4 16 P2:49 Drnmmond F. Buckley Assistant PI!lnner City of Santa Monica Planning Division 1685 Main Street P. O. Box 2200 Santa Monica, CA 90407-2200 Re: TPC 270 - 153 San Vicente Boulevard Dear Mr. Buckley: I Am a tenant in the building referenced above. I recently signed forms indicating my approval of a TORCA conversion for the building as well as Intent to Buy my unit. At the time I signed these fOL'illS, there was a great deal of pressure to sign immediately and I did not have the opportunity to seek legal advice in the rn~tter. I have since done so and, having now received legal advice, I wish to rescind my signature on both the approval and intent forms. Please consider this letter as my formal withdrawal of both signatures. Sincerely, (J/ /ff-~ Li w ~ Jerry Tauger, Apartment 3D cc: Theodosius T. Roussos, owner Rosario Perry, Esq., agent for owner Adopted and approved this 27th day of Aprll, 1993. ~ M~:i I hereby certify that the foregoing Resolutlon No. 8580(CCS) was duly adopted by the City Council of the City of Santa Monica at a meeting thereof held on Apr~l 27, 1993 by the fQIlQw~ng Councll vote: Ayes: Councilmembers Abdo, Genser, Greenberg, Holbrook, Olsen, Vazquez Noes: Councllmembers: None Abstaln: Counc~lmem.bers: None Absent. Councilmembers: Rosensteln ATTEST: ~~ iuSf. <t;Yty Clerk @ .A-pT ~ t- Oc> W IV T~ t=. - CJ ppe 5 LYE. gN- G 0 c- H- 6- { I -/-fitS (2,e-EtJ UftCIiNT---5C.Alc>E- JAc.f::- RoSSEN GA-ll€.O __ IT a.-v l TS. iT LA..> IT':s (2:>RlEFl \/ 0 c...c..v Pl E C ey ~ Mt. __p~p LE. AuG-_ It;) 'Cf 'rd.- A NO RE DCC-v Pi B:C t3y_ 11 Co u P 1 c T~, s (JE c... L ?...'d- --1 cr- cr?- . __ APT~A 6E{0c..u_/V1E__Hh~S .BEEAI E/V1PTy 5(AJct:=.. _JEAN St::.G-~l J)l E.R__AJOl) ~~l )CY9'~ ~iG-,"TS .-4RE _.NeuER ON ANO Df2.itfES hlL<..;fr-Ys Cl6SEt::J" A/50 TE),)/tAfTS fR,.oN\ ~Iv'() FlooR TEtl ME T4E:.Y SEE .NO a/v E eNTE 1<- _ 0/<. _L.t=.hU t:;.. ~J3-PT.. _ _ _ _ _ ____~ ApT 4 A About=..M E He 5 _ BGt IV eM PJ y S(~c..t:: _ L-Ei6-l, D, E'O ANo Itl _HIt/U~C?JY_A16_uEO ('~~.l_.._______ X. . UiVOCR.QAAiO T~-/tT- TED- R6uSS_CLAN(L_~~ly_ ARE .It/::;o _USe LNG- ~ t:.s A- PLJ~9K F~Sr;;u~.)JtJ~-~~ L)~ e .1 _ __ _ _ ___ _ __ _ ~~ _ _ _______ _ _ _______ ___~_ _ _ TO f~T- JT IN_A~A1u~S_i~Lr:=l_IJ_I. Vt:.__W(TN)~~.S~~1J T~ /C.ouG-l, T~E Yt::.AI~ S _(FR<.?!V1 Oft'( .l_cE ~_R r9..~~'jS!plrc..quI.Rc- If'JG- T~ 6__PR.op€~yij1tR._TE()_~_Ro~~_SSO-tT-'~lKO_,,-)G- Lr _ ~ 'lRl cvS UN-:~ u:.Arl N1 e,~ 1_S~V--..s.I.lft/VL4-r-L ~Lf--Df< l v E -I CNIiN~_C?u_t _ C?t-I~-C.._J~UdC)JAJ_&__tLN D ~ft-_U_L1J('r TJ-Le - - ~ - _Jy1/t.J0f1ti.Y_~.E_Af?T.s~JJAChALC___ _ . 0 ,1,;/_~_CQLt) .EKLiMi?-lfI ~_L6_J:.?~N_E__O.J=I_Lt;.~_EJ R.S T ~_Th l/vG-t5_..M~_RQ_~_~So__~ln_u..L~L~JY___t1t=-~r(;}Q ~ () u E R. - ._~'1E_~~_Q--f-~'A-Ty w~~Io~S_~_ut=._O_.EELl,_E h-LR __ -- Co IV. 0 [ Attl0. rv t Q~lH--T~e_L~L i:LO_lE --D-t=-A- 4J E;;\ T S pEl I ..4.IV -w 1-+ A- -5 K~ fl T I L GP-F ~ GuS T___ U .N_Tl I T" (s 5 () /1/1/1:1 E ~ J1;V.o 'KItN iT A fELv lUll) E:S),f(f.tk\Al-C- /I/l tl tOfT-O S _ __ _n_ fZ ~ C-o LJS ~ V FRoM OPE/V hEt9-RT 5uRG-L'R V ~ -! WHEREAS, the Issuer's obligations to make Installment Payments will be limited to purchase payments to be made to the Issuer by the Related corporations in accordance with an installment sale agreement (the "Sale Agreement") to be entered into between the Issuer and the Related Corporations simultaneously with the execution of the Purchase Agreement, and under which Sale Agreement the Related corporations will repurchase the Facilities from the Issuer; WHEREAS, certificates of participation (the t1Certificatesfl) in an aggregate principal amount not to exceed TWO HUNDRED EIGHTY Million Dollars ($280,000,000), each representing a proportionate undivided interest in the Installment Payments, will be executed, delivered and sold in connection w1th the Financing; WHEREAS, pursuant to section 147(f) of the Internal Revenue Code of 1986 (the "Cade") the Financing and the issuance of the Purchase Agreement by the Issuer must be approved by the city because the Santa Monica Facilities are located within the territorial limits of the City; WHBREAS, the City council of the city of Santa Monica (the "City Council") is the elected legislative body of the city and is one of the applicable elected representatives required to 2 B~ CI.AIRE GOUI.D 1138 12TH STREET SANTA MONICA, CALIFORNIA 90403 31 0/451-0330 February 2, 1993 Hand Delivered Drummond F. Buckley Assistant Planner City of Santa MOnica Plannmg DIvISion 1685 MaIO Street Santa MOnica, CA 90407-2200 Re: TPC 270 - 153 San Vicente Boulevard Dear Drummond: As per the vOice mall I left for you earlier today, attached IS addItional mformatlon regarding the above captioned proposed TORCA converSion. The information pertarns to Gus Konugres who sIgned the forms for Unit 2A. More specIfIcally, these attachments relate to the Canoga Park telephone number obtarned from Duectory Information last June and referenced on page 2 of my June 5, 1992 Jetter The attachments are Photocopies of Pacific Bell White Pages a) Front cover of Northwestern book shOWIng area code 818 b) Inside cover of Northwestern book shOWing effective date of listings as February 21, 1992 c) Copy of page 577 of White Pages Northwestern book shOWing listing for Gus Konugres at 8340 Northgate Avenue, Canoga Park, and telephone number as 710- 8352. 2. Hardcopy printouts of information I obtamed on February 1, 1993, from Phone* File, a service offered to subscnbers of CompuServe Phone*Flle IS a database of residential telephone numbers. The database can be searched by name, City, state, Zip code, phone number, etc Phone*FJle IS supplied to CompuServe by MetroNet (lnfOrmatlOn/venflcatlon available from EDREF Representative do CompuServe Customer ServIce, 5000 Arlmgton Centre Boulevard, P.O. Box 20212, Columbus, OH 43220, phone 800/848-8990) a) Results of computer search by phone number for telephone number (area code 818) 710-8352 Search results (bolded) indicate thiS reSidential number to belong to Gus Konugres at 8340 Northgate Avenue m Canoga Park, California 91304 and indicate the length of reSidence as 2 years. I' '. ' .. , LJ ....1 .... _ ...... CI.AIRE GOUI.D Drummond F Buckley City of Santa Monica Plannrng Department February 2, 1993; Page 2 of 2 b) Results of computer search by surname (Konugres) and by state (eA). Search results are bolded and show two resIdential listings under the name Konugres In Call forma The first name found 1$ that of Gus Konugres, at the 8340 Northgate Avenue, Canoga Park, address. Sincerely, " ,L1 / ;: ~ (&-LLL /.....d~U-,L CLAIRE GOULD. Ends . I Pacific Bell White Pages We're Making Things Easier" r lergency ~ la) -} - - , - - 0...... Itft. II f] Fire and Rescue [] Police Sherin Highway Petrol E!3 Ambulance Paramedics For EtIlergency Calls Only . For Non-!mergHcr c... .... UN'" .....oPrtda 7-d1g1t numbIr. . Jj '''.aarllllRlnlc:MloM : Dnlce tor the Dell. . (TDD) EIIIefItIICJ c.u-= . TeMIphOne numbers fOr aty. County, State. and F8def81 agencIeS are lilted in the Government Udng peges precedng 1M WtIIte Pages. . Write In Ioc8I number . he...: Doctor _ Baudot mOde onl)' . .Dial 9-1.' . -p..... the SpaDe Bar UnIIJ . Someone Answers JI---~""~ ~_for....ta . FebrulJ)' 21.1812 _ < ,- ~n UIIII .....,.,.. .. tonne .... ,.. ... ........ ....... .. ...... ..1.1. 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PHONE*FILE - MAIN MENU Search for a LISting by: 1 Name and Address 2 Surname & Geographical Area 3 Phone Number 4 How to use PHONE*FILE 5 Exit February 1, 1993 Enter Choice! 3 PHONE*FILE - PHONE SEARCH . You will be prompted to enter either an Area Code or ZIP Code, then the Phone Number. Enter either a 3- Digit Area Code or a 5-Digtt ZIP Code .818 Enter a Phone Number, including the dash (E.G. 123-4567) :710-8352 Are the following correct? 1 ZIP Code. 2 Area Code' 818 3 Phone Number: 710-8352 Enter the number of the item to change or press < CR> to begin Search! PHONE*FILE - PHONE SEARCH CRITERIA ZIP Code: Area Code 818 Phone Number 710-8352 One moment please, searching... PHONE SEARCH RESULTS GUS KONUGRES 8340 NORTHGATE AVE CANOGA PARK, CA 91304 818/710-8352 Spouse: Length of Residence: 02 years Press < CR > to continue' 2aJ One moment please Connected to 19PHONE*FIT.E PHONE*FlLE - MAIN MENU Search for a l.Jstmg by 1 Name and Address 2 Surn"mo: & GeograpJucal Area 3 Phone Number .. How to use PHONE*FILE 5Em Enter ChoICe' 2 PHONPFILE - SURNAME SEARCH You will be prompted to enter the geograpwcal area and the last name of the person you are sear"h1ng for Enter Type of GeograpJucal Search 1 By City and State 2 By State Only 3 By ZIP Code Enter ChOicer 2 Enter 2-Character State abbreviation CA Enter the person's Last Name (MAX 15) Konugres Are the followmg correct) 1 Last Name KONUGRES 2 City 3 State CA .. ZIP Code Enter the number of the Item to change or press < CR > to begm Search' PHONE.FILE - SURNAME SEARCH CRITERIA Last Name KONUGRES City State CA ZIP Code One moment please. sear..hin~ .. PHONE*FlLE bas 2 households for tins Search cnteria. Press < CR > to duolay surnames one screen at a ttme or enter .S. to Scroll! Last Name: KONUGRES GUS 8181710-8352 8340 NORTIIGATE AVE CANOGA PARK, CA 91304 JAMES R 7141792-5012 1313 MORRISON DR REDLANDS, CA 92374 - Last Page- Press < CR > to contlnu.er February 1, 1993 :tb) .... -, ~'" '~I 1- ...... 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C/.' ~ ~1' ~1 r'~'r-~/ -uJ/ft,(/ ....b? . ~J ~'tA"~ ~d)~L~}, ~~ ~~ ~ -~r~ ~~ ~r--r ~ ~ ~/ .iZeJ ~ (~ e~1'" cu.u ~ ~~.Y--- ~ c~ --<.A~ ~ ~ Ci'..h~ -e;;~PI../ ~ 0 ,JJ~ tx-p.) ~ @.~~~) ;;,.~/ J? ~ A ~ ~ Jk~~;L IORC~ ~.~Mr~~;k~ ju-v/ ~~ :;by .Tu~~ 1:t1...VVU' ~ tZJ- CL.-' ,,~~/( ~ _ ~1J___ --u /lA-O uYr:L(I ~ 0-/ ~ 11 - - T ~~ o~kL~ ~ t7--' .2.5 ~J ~J,~ ~k~p~~\ CU<.-~R- 4~ ~JJ k- . l - I I..... ..... ~ o l .JA< : ~.- j .vi- # >?S-c:, ceo! ..2 /l"Fz-';A+ .r-~~ JJ .1,. o---a ~~ ~ -tu?~ /-7--rftA? ~ ~/ 7~iZi4l ~ fl....(.. / 7 r-~ ~.....<-U ~ ~~ ~~. ' 0/ ~ ~~::t::::w / lfld f / ~k- Ie tZ /0-3 hH-.) U'~u;t:u r ;:3tv'1:! ~ 'f D ~~ ~/&u,. 7tJ;t-u2- ", I ~ n - Pk'1L~ ,; CP-~t ,{y~ .-- .-. - ~ .... 1_ 1~ '- . ATTACHMENT Q r1 .~t I~ ~ -t LA'fRE~CE & HARDING A PIlllO....I:StUONAL. COAPO".TION ATTORNEYS AT LAW 12150 SIXTH STREET surTE 300 SANT.... hII0NICA. CALIFORNIA 8.0040_ TELE""'O"E 13101 3e3-1007 P"ACSIMILE (3101 .1!!UI-_8S. eH "USTO"HER" HoO.RD""G RIC....A.RD A. iLAWAENCE KENNETH L KUTCHER KRtSTIP't.I I-IUaBARD KEVIN V KOZAl. ANN E LEDE:RER February 3, 1993 VIA HAND DELIVERY Santa Monica Planning Commission 1685 Main street, Room 212 Santa Monica, CA 90401 Re: Tenant Participating Conversion No. 270 Property Address: 153 San Vicente Boulevard City Attorney Memorandum Opinion No. 93-4 Dear Planning Commissioners: This letter is submitted on behalf of the Santa Monica Housing Council (nSMHC") in response to City Attorney Memorandum Opin1on No. 93-4 ("City Attorney Opinion"), which was issued in response to legal issues which have arisen concerning Tenant Part1cipat~ng Conversion No. 270 ("TPC 2701t) at 153 San Vicente Boulevard, Santa Monica. We understand the Planning Commission will be considering TPC 270 this evening. As discussed herein, SMHC respectfully disagrees with the City Attorney Opinion, which concludes that "co-signing tenants" must occupy their units as their princiDal place of residence before they are eligible to sign the IIIntent to Purchasell and llConsent to Conversionll forms. 1. The City Attornev Opinion Misstates the Issue Presented bv TPC 270. According to the city Attorney Opinion, the issue presented by TPC 270 is this: "The first issue is whether tenants can sign statements of Tenant Intent to Purchase ('Intent to Purchase') and Tenant Agreement to Conversion ('Conversion') forms if they have simply maintained a landlord/tenant relationship at the converting property for a six month period prior to signing these forms but have not actually resided on the property for this time periOd." (Page 1) ........ 'I LAWREXCE & HARDING A. pROFESSIONAL COAPORATION .ATTO~N:E:YS A1" LAW Santa Monica Planning Commission February 3, 1993 Page 2 Contrary to the City Attorney Opinion's statement of the issue, no one is questioning that in order to qualify as a "CO- signing tenant," a tenant must have personally occupied his or her unit continuously for at least S1X months before signing the TPC Application. TORCA section 2001(b) clearly provides as much. The subject of our disagreement is whether co-signing tenants must have personally occupied their units continuously for the requisite time period as their Drincioal Dlace of residence. Because the City Attorney Opinion misstates the issue presented, the analysis contained therein is largely beside the point. 2 . The TORCA Law Does Not 8peci fy That "Co-S iqnin<:1 Tenants II Must Occupy Their Units As Their Principal Place of Residence. Nothing 1n the TORCA law specifies that a tenant, in order to qualify as "co-signing tenant," must have occupied his or her unit for the requisite time period as his or her principal place of residence. Section 2001(c) defines a "co-signing tenant" as: "Any tenant agreeing to the convers ion . . . who has personally occupied his or her unit continuously for a period of at least six (6) months prior to the date he or she signs the Tenant-Participation Conversion Application." This same standard is included in Section 2001(d) for an Intending to Purchase Tenant. In contrast, Section 2002 (f) spec1fies that in order for an owner to qualify as a "co-signing tenant,tI the owner must have r1continuously resided at the building as his or her orincipal place of residence for at least six months If Thus, the "principal place of residence" requirement is expressly stated in the TDRCA law for only that narrow category of "co-signing tenants" who also own the property. The language about requiring the unit to be a principal place of residence is excluded from the general definition of "co-signing tenant." This shows that the express language of TORCA does not support the Ci ty Attorney opinion. See McCarthv v. Board of Fire Comm'rs, 37 Cal. App. 495, 497, 174 P. 402 ("When different language is used in the same connection in different parts of a statute, it is presumed the Legislature 1ntended a different meaning and effect"); People v. Ector, 231 Cal. App. 2d 6l9, 625, 42 Cal. Rptr. 388 (1965); In re James S. v. Board of Educ., 20 Cal. App. 3d 83, 95, 97 Cal. Rptr. ,1 ' I~ ~ .~ LAWREXCE & HARDISG A ,:tR-O"F'"&;SSIONA.. CO~POI:IATIO"" ATTORN EVS AT L.AW Santa Monica Planning Commission February 3, 1993 Page 3 422 (1971) ("Such a radical change in the wording of adjacent code sections 'cannot be deemed meaningless and without design'"). Moreover, the City Attorney Opinion fails to cite any compelling evidence of "legislative intent" to demonstrate that a "principal place of residence" requirement for co-signing tenants is implicit in the TORCA law. At page five, the City Attorney Opinion assumes, in the absence of any conclusive evidence, that the purpose of the 1992 amendments to TORCA "was to give owner- occupants the same right to vote that tenants of the property had. II Neither the lengthy quotation from Mr. Desantis at page six nor any of the other "ev~dence" referenced in the City Attorney Opinion supports this assumption. In this regard, it is interesting to note that Mr. DeSantis, whom the City Attorney Opinion relies upon extensively in support of its position, believes the City Attorney has misread TORCA by finding a "principal place of residence" requirement in the definition of "co-signing tenant" when no such requirement exists. 3. The Citv Attornev Opinion Is ContrarY to Sound Public Policy. It is not altogether uncommon for some Santa Monica residents to maintain an additional residence outside of Santa Monica. Maintaining dual residences may stem from a unique employment situation, or perhaps an unconventional lifestyle or a personal relationship. Whatever the cause, however, surely it is possible for a Santa Monica tenant to personally occupy their unit continuously for six months without that unit constituting their primary residence. In this regard, SMHC is concerned that requiring co- signing tenants to demonstrate that they personally reside in their units as their personal place of residence will have a chilling effect on their willingness to support TPC applications. ThlS should be of special concern to those prospective co-signing tenants with unconventional lives or unconventional relationships who value their privacy and do not wish to have it invaded and broadcast during public hearings before the Planning Commission or City Council. Demonstrating compliance with a IIprincipal place of residence" requirement is potentially far more intrusive than merely demonstrating "actual residence". SMHC's concerns about potential invasions of privacy are not abstract or academic in nature. since at least 1984, the Santa Monica Rent Control Board has required a showing of IIprincipal , , ~ ~ -- - LAwllEXCE & lL.\RDING A PROFESSIO""AL t;Oi:!~O-R'...nON ATTOFlN EYS A- L.AW Santa Monica Planning commiss1on February 3, 1993 Page 4 place of residence" by rental property owners who seek exemptions for owner-occupied properties containing three or fewer units. I have personally witnessed several Rent Control Board hearings where this standard inevitably led to testimony and counter-testimony during hours of Rent Control Board hearings concerning the sleeping habits of the applicants. In each case, such testimony would have been irrelevant had the "principal place of residence" standard not been a prerequisite for the rent control exemption. Notably, in the rent control context, I am not aware that the "principal place of residence" standard has ever applied to tenants as opposed to owners. In contrast, the City Attorney Opinion fails to identify any policy purpose served by imposing the "principal place of residence" requirement on co-signing tenants. Cf. Alford v. Pierno, 27 Cal. App. 3d 682, 688, 104 Cal. Rptr. 110 (1972) (Ulf two constructions are possible, that which leads to the more reasonable result should be adoptedll). The City Attorney Opinion fails to indicate any policy purpose served by eliminating from eligibility as "co-signing tenants" those tenants who personally reside in their units for a minimum of six months but arguably maintain a principal residence elsewhere. Allowing such persons to vote as co-signing tenants appears consistent with the overall purpose of TORCA, which is to insure that a substantial percentage of those tenants actually residing in the affected building for an extended period of time support the conversion and are interested in purchasing their units. Adding a "principal place of residence" requirement does not contribute to this or any other legitimate purpose of TORCA. See Dyna-Med, Inc. v. Fair Emplovment & Housing Comm'n, 43 Cal. 3d 1379, 1387, 241 Cal. Rptr. 67 (1987) ("Where uncertainty exists consideration should be given to the consequences that will flow from a particUlar interpretationU). 4. TORCA Imposes Greater Burdens on Owners than Tenants in Other Respects as Well. As discussed above, we believe the language of TORCA, in addition to sound public policy, supports our position that tenants need not occupy their units as a principal residence in order to be eligible to sign the TPC application forms although that requirement does apply to owners. Such a distinction is not unusual in the TORCA law. For example, if an owner is related to a tenant by blood or marr1age, or if the owner has an economic relationship to the tenant (other than the landlord-tenant relationship), then a 12-month occupancy is required rather than 6 months. C .J ,:.' ~ L-\\\.~REXCE & HARDIXG A ~l=;!OF'&SSION"'L C:ORPORAnON Ai.ORNEYS Ai LAW Santa Monica Planning Comm1ssion February 3, 1993 page 5 Although the TORCA law does not always treat owners and tenants alike, these distinctions are sometimes justified on the basis that an owner can have more control over some matters than tenants. These distinctions are often directed at protecting against possible mischief to the extent that a owner may control the occupancy of his or her rental units. Thus, the burden on owners to show their principal place of residence does not automatically translate to imposition of such a burden on tenants. Conclusion For these reasons, we urge the Planning Commission to reJect the City Attorney's invitation to read a "principal place of residence" requirement into a section of the TORCA law where none exists. Such a requirement would constitute bad public policy and is not compelled by the language of TORCA. Those who favor such a requ1rement should not be allowed to add it to TORCA by "interpretation". Instead, they should be required to submit a proposed amendment to the voters for their review and approval. Sincerely, ,--.. \\ "",=-,' ,\ "-....-- ~~ '-\\.'\ \ ~~'~~~ Christopher M. Harding General Counsel Santa Monica Housing Council CMH:mdw CC: Paul Berlant, Director, Land Use & Transportation Management Kenyon Webster, Planning Manager Joe Lawrence, Act1ng C1ty Attorney Barry Rosenbaum, Deputy city Attorney Robert Sullivan, President, Santa Monica Housing Council Jim Baker, Vice president, Santa Monica Housing council Rosario Perry Sherman stacey Paul Desantis m.r:3ml trb03.639 , .. -'- LAW OFF'CES co ROSARIO PERRI 1333 OCEAN AV!:.~UE SANTA MONICA CA 90401 screen (310) 395 0645 fox (310) 39.4-.Q94 tale [31O} 394-9831 January 7, 1993 10:56 am Mary Strobel Deputy City Attorney City of Santa Monica 1685 Main Street Santa Monica, Callforn[a 90401 VIA Hand Del[very RE: Tenant Participating Conversion 270. 153 San Vicente. Dear Ms. Strobel: This office represents the owners of 153 San Vicente. Planning Staff has indi- cated to Sherman Stacey as well as Ernie Powell that the recommendation on TPC 270 would be based upon the City Attorney's advise which defines the term "tenant" as a person who "continuously resided at the building as his or her principal place of residence" for the required length of time. [This project IS gov- erned under the TORCA charter as amended on November 6. 1990]. We strongly disagree with this oral City Attorney advice ([f such advice was expressed) because such a def[nitlon IS not found In TORCA, and [s contradictory to the definition of "tenant" set forth In Article 18 (the Clty's Rent Control Law) Fur- thermore, if such a definition IS adopted by the CIty, It WIll undermine the protec- tions presently enjoyed by tenants The "principal place of residence" standard is expressly set out [n TORCA when referring to Owners voting as tenants It seems strange that the City Attorney's offIce would take that specifIc deflnit[On which IS applied to owners, and attempt to apply It to tenants, when the TORCA law specifIcally draws a distinction between the two types of reSidents. You must remember that the TORCA law is a Charter Amendment, a law passed by the Citizens of the City, and not an ordinance. In that respect, the city administratIve personnel should not Impose Interpretations which defeat the Will of the people. It is clear that no part of TORCA defines tenant (either for purposes of a coslgn- ing tenant's or an intending to purchase tenant) as one who I[ves in his/her unrt as their "princIpal place of resIdence" That definItion IS specIfically reserved for own- ers. Section 2001 (c) defines a coslgnlng tenant as "Any tenant agreeing to the conversion ., who has personally occupied his or her unit cont[nuously for a penod 01-06-93strobeLframe 1 ," - - . of at least SIX (6) months pnor to the date he or she Signs the Tenant PartlclpatlOn Conversion Application" Section 2001 (d) has the same standard fOF-an Intending to Purchase Tenant Additionally. the cos:gn!ng tenant's states his/her "OCCU- pancy" In the Agreement to Convert form and does so under penalty of pequry" The above IS contrasted with the definItion of owners who are allowed to be cosIgmng tenants Section 2002 (f) "For the purposes of this subsection an owner of the bUildIng shall be deemed a coslgnmg tenant If (1) the owner has continu- ously resided at the bUilding as his or her principal place of residence for at least SIX months :' (emphasIs added) The law clearly makes a distinction between tenants and owners. A tenant IS not given the burden of proving, stating or otherwise declaring that his/her Unit IS a pn- mary place of residence. If that had been the Intent of the authors when ongmally written or as amended they would have added the same language for tenants that they specifically Included for landlords What IS It for a tenant to "occupy" his/her unit? The definition of the word "occupy" (as set forth on page 1231 of the Blacks Law Dictionary) means "to possess; to tenant, to hold or keep for use...." (copy enclosed) The co-signing tenants In question In our project. clearly "possess" their units, they are defrnltely "tenants" and they do, In fact, "hold or keep for use" each of their units. And, they have done so for the SIX months prior to slgnmg the approval documents as legally reqUired Hence, they are entitled to the benefIts, protec- tIons and rights of TORCA and to deny them of same would be discriminatory. The City Attorney's adVice violates the definition of Tenant as set forth In the Rent Control Charter Amendment Section 2004 (b) (4) reqUires that "each Unit shall at all times remain subject to all the terms and conditions of Article XVIII of the Charter, except Section 1803 (t)." Article XVIII defines a tenant as "A tenant, subtenant, lessee, sublessee or any other person entitled under the terms of a rental hOUSing agreement to the use or occupancy of any rental unit." TORCA IS subject to thIS definition because of SectIon 2004 (b) (4) and because It has no other definition of tenant set forth In its specific provISions Therefore to define a tenant with any other defmltion would be In violation of the law. The tenants In question certainly are tenants They lease their Units, they have a "rental hOUSing agreement" and they are "entitled to the use or occupancy" of their IndIvIdual unrts. Staff has no legal baSIS to define a tenant In any other way. To do so creates precedent which threatens the protections afforded tenants by the authors of Rent Control as well as TORCA. Further, staffs' pOSition creates a 01-06-93strobel.frame 2 ""' very narrow definition of tenant The Impact of reqUlnng that a tenant mamtam his or her unIt as "pnmary residence" In order to enJoy a given bundle oLnghts may have a long term deletenous Impact as Santa MOnJca seeks to protect Its renters and It rental housing stock. There IS absolutely no basIs for denial of this prOject Each report, disclosure, and notIce was filed and presented properly The landlord and tenants worked together to effect this conversion to theIr mutual benefit And. finally. was we have indicated here, there IS no legal basIs to require that tenants occupy units as their pnmary place of resIdence. We urge a posItive staff recommendation Thank you for your consIderation of the Ideas set forth In this letter Sln~erel " ( 'I \ Rosano Perry . cc: Paul DeSantIs Sherman Stacey 01-06-93strobel.frame 3 ~1:~ . .. ~ ~ '-' .I. _ ..._ OCC{,"PATIONAL Dt:TIES 'Those of ...,;ured's ordmarv and usual occupatlon, and not those of unusual. casual and temporary employment Fed eral LIfe Ins Co y_ Lorton, 97 Colo 545, 51 P 2d 693, 694 OCCUPATn'E. PertaJnlI1g to or lI1volvmg occu- patlon or the right ot occupatIon Webster OCCL"PA'\'IT Lat In old EnglIsh law, a "Tit that lay tor one who was ejected out olhJ.s land or tenement in tune of war Cowell OCCUPIER An occupant; one who is in the enjoyment of a thmg A tenant, though absent, is, generally speaking, the occupIer of premIses, 1 B & C 178, but not a servant or other person who may be there 'tJ1,-tute off.ctt. 26 L J C P. 12, 47 L.J.Ex 112, L R. 1 Q.B 72 OCCUPY. To take or enter upon possession of, ",. to hold possessIOn ot, to hold or keep tor use, ~_ to possess, to tenant. to do busmess in People 1lJ, v Roseberry, 23 Cal App 2d 13, 71 P.2d 944 Ac. tual use, possession, and cultlvation Jackson v. _ SID, 11 Johns. N.Y., 202, 6 Am.Dec. 363. The term. under fire pOlley implies use by some person ~. ~rdlnll' to p...rpoae for- whIch It U designed. and do". not lmplY that some one shall remain in building allot the time without Interruption, but merely that there shall not be a alKtlon ot occupancy tor any considerable lenith ot time Wuhlngton Ftre Ins Co v Cobb Tex Ch' App , 163 S W fOIl, 612. Southern Nat. Inl CO v Cobb, Tex Clv App . S W 155. 158 Ju UI~ 1n eonnettlon w\th 11. home- tea.d, It does not always require an actual occupallcy, but IOmetlmes permit a constructive QccuPBJlcy. Kerns v uden, 8S Okl 29'1. 2U P 'rOo 72 See Occupation, Occupancy, ~G CLAIMA.1'to'T. An occupant claiming ht under statute to recover for improvements has pla~d on the land subsequently found not '~be his Kelly v. Watkins, 135 Old 276,276 P. t'192 . YlNG CLA.DlANT ACTS. Statutes pro- .. g for the reimbursement of a bona fide OCCUr t.and claImant of land, on Its recovery by the . owner, to the extent to which lastmg improve. ts made by him have mcreased the value of land, and generally glvmg him a hen therefor. v Great Southern Hotel Co, 86 F. 370, 30 108 To meet one's eye, to be found or met ~to present Itself, to appear, hence. to be- l due course, to happen Grenada Bank v. Itf'174 MISS 415, 164 So 316, 318 To arIse; /~urphY v. People, 78 Colo. 276, 242 P. 57, ~CE A commg or happenlng; any ~~r event, especially one that happens 'ue1ng deSIgned or expected Farmers & ts Nat Bank v. Arrrngton, 'rex Civ App , 378, 382 ODHAL te!Tltonal JUl'lSdlctlon or control or an~ country. b;;.t IS opel'. free. and common to the \.Ise of all na" tlO'1S t: S \ Rodgers. 14 S Ct 109, 150 r S 249, 37 LEd 1071. l" S y New Bedferc Bndge, 27 Fed Cas 120 OCHIERN In old Scotch law. a naone of dIgmty, a freeholder Skene's de Verb Slg- OCHLOCRACY Government bv tl-.e 'TIu:t;~ude A form of go\'ernmf>nt wherein "the populace has the whole pCower and admimstratlOn 1'1 Its own hands The aouse 01 a. democrac) ~1o~ rule OCTAVE. In old Enghs~ law, the eIghth day in. cluslve aUer a feast, One 01 the re~urn days of VlI.ts 3 Bl Comm 27B. OCTO TAl.~..s Lat Eight such eight such men, eIght such Jurors The name of a .....Tit, at common law, which Issues when upon a trial at bar. eIght more jurors are necessary to fiIl the panel. commanding the sherm to SU'11mon the requisite number 3 Bl Comm 364, Decem Tales OCTROL Fr In French law, originally, Ii toll or duty, whIch, by the permISSIOn 01 the a61gnBur, an)' dty was accustomed to collect on liquors and some other goods, brought withm its precmcts. tor the consumption ot the inhabitants After. wards appropnated to the use of the kmg Steph Led p 361. OCI.TT.r';:T. A duly licensed physIcian specialJzmg in the dIseases of the eye. Stern v. Fiynn, 154 MIse 609, 278 N Y S. 598. onn LOT BUS:rzr..'ESS. The dealing in a smaller number of shares than the unit ot trading on the floor of the stock exchange People ex reI. Berdan v. Goldfogle, 213 App Div. 702, 211 NY S 107 ODD LOT DOC"'hdNE. Under this doctrine, If the effects of an accident have not been removed. It is not suftlclent, to entitle an employer to have a reduction In the weekly compensation ordered by the court under the Workmen's Compensation Act, tha t it appears the workman has the phYSical ca. pacity to do some kind of work dIfferent from the general kmd of work which he was engaged 10 at the time of the aCCident, but It must also be sho",'l1 that the workman, eIther by hIS own efforts or that of rus employer, can actually get such work OIne)'V1lle Wool Combing Co v D1 Donato, 65 R 1. 154, 13 A.2d 817 Zelinckas v. Ford Motor Co , 294 Mtch 494, 293 N W. 732 ODERUNT PECCARE BONI, VlRTUTIS A!tfORE: ODERUNT PECCARE MALI, FORMIDINE P<El'\}E. Good men hate to sm through love 01 virtue, bad men, through leal' ot punishment. c < <: t... p 1 OnRAL. Complete property, as opposed to feudal tenure The tranSposItIOn of the syllables of "oanal" makes it "allodh," and hence, according to Blackstone, anses the word "allod" or "allo. dial," (q tl). <<Allodh" 1s thus put In contradis- tinchon to ..t6frodh.... Mozley & Wluteley. The mam or open sea, the high sea; . n of the sea whIch does not 111' within f any country and IS not SUbJect to the onRAL RIGHT. 1~ 1231 An allodial rIght. ~~N-14-93 THU ~1:4~ r-.1o.)1 ~ ~~cf' PAUL C. DESANTIS PAUL C DESANTIS. S....L.Ly....f\:t.,; l. MOLLOY ....LSO _lit.. Q~ ..Ew 1"0'1>< ..... 3002 SANTA M:::>"IiCA BOULEVARD SUITe: C SANT"'- MON!CA CAUFOR"".... 90404-2506 nUPI-IONE (31C) 4~' 1888 TELECOPIEFI 1310', 629-1476 OF" COI..'''-'S...l p..4......_iE ....OP'.....AN AfII'D- ~!.S""EJlt $...........11. .....O"".C*w. ~IFORNI'" January 14, 1993 Santa Momca Plan..'ung CommisSIon 1685 Main Street. Room 212 Santa Monica, CA 90401 Re: DefinitIon of TORCA Tenant Dear Planmng Commissioners: This letteI will confirm our agreement with t.-Ir. Rosario Perry's interpretauons In hIS letter to Depu:y City Attorney Mary Strobel d;lt~ January 7, 1993. As Mr. Perry states, TORCA itself does not define "tenant" but directly incorporates the Rent Control Charter Amendment'! defll1itions. Without repeating Mr. Perry's arguments, suffice it to say that a TORCA Cosigning Tenant (except for an Owner) SImply needs to .occupy. his or her unit. Under Rent Control defmitions, a tenant may .occupy" a umt even if the uwt IS not that tenant's principal place of residence. The Planning CommISSion should not put Itself mto the position of having to decide. for example, that a person who sleeps in his or her umt five nights a week IS an occupant but one who sleeps in his or her unit three days a week is not an occupant. Or that someone who spends one week per year on vacanon is an occupant, but that one who spends six months per year on tour is not an occupant. Tenants' personal byes are pnvare matters that ~ou]d not have to become open to publIc evaluation. Let me add that thiS is not a major issue from a practical standpOInt. In my lengthy experience, verv. very few occupied units In Santa Monica are anything other than tenants' principal places of residence. However, for the Commission to take a poSItion in direct conflIct with the Rent Control Charter Amendment would weaken the CIty's more vital, ongoIng efforts to preserve Rent Control. For the sake of renter's rights, please consider the full implic3uons of caking the interpretation that a tenant who does not bve full-time m his or her unit does not have the same, full nghts and protections of other tenants. Very truly yours, /~At~ - Paul C. DeSantis loh'tenantb< rm E~ -I oil I ~~ ...... ..J ...... .. LJNI OffiCES OF ROSARIO PERRY ROSARIO PERRY LESLIE JAMES SHERMAN OCEAN AVENUE LAW OFACES 1333 OCEAN AVENUE SANTA MONICA. CAliFORNIA 90401 (310) 394.9831 FAX (310) 394-4294 September 30, 1992 Drummond Buckley ~,t" '"'f ~Q....ta ft,Jloni"'a _..] ltJ .......-..... .'.,fl IW Planning Department, Room 212 Subj: TPC 270, Mr. Tauger's correspondence. Dear Drummond, Mr. Tauger indicated originally that he wished to withdraw hiS support for the conversion at 153 San Vicente HIS recision was based on wrong information communicated to him related to whether or not he would be charged condominium fees as well as a possible Increase In rent for repairs and alterations if he remained a tenant after the conversion. By copy of hIS letter here-in he wishes to re-Instate his support We request that you include Mr. Tauger in your count for "Co-Signing Tenants" and "Intending to Purchase Tenants". Additionally, please see Mr. Roussos' letter to the tenants dated June 29. 1992. Please see his letter, dated July 16, 1992. RP.sn Sincere~, ~l) RosarioQ encl- Mr. Tauger's letter Mr Roussos' letter to tenants. @Prlmed On Re~\'ded Paper i', I'-~ .. "---'__~ t 153 San Vicente Boulevard Santa Men ica, CA 90402 July 16, 1992 Drummond F. Buckley Assistant Planner City of Santa MOnica Planning Division 1685 Main Street P.). box 2200 Santa MOnica, CA 90407-2200 Re: TPC 270 -153 San Vicene Boulevard Dear Mr. Buckley: I am a tenant In the building referenced above I recently Signed forms indicating my approval of a converSion for the bUildIng as well as my Intent to Purchase my Unit. After a misunderstanding on my part. based upon incorrect information given to me by a third party, I sent you a Withdrawal letter dated June 15. 1992. I was miSinformed that I would be charged condominium fees even If I dId not purchase my Unit, and that I would have a rent Increase to pay for the repairs and alterations which were going to be done as listed on the TORCA application form. It IS now made clear to me that no condominium fees can be charged to me, nor willi get any rent Incrases based upon the stated repairs. Please disregard my June 15, 1992 request for withdrawal and conSider my original sIg- natures for approval and Intent to Durchase to be In full force. - s,"cereIYA~ J/ (J=:;J&J Jerry Tauger, Apartment 3D 7'- .;z 7- 9<-- cc 'I -I' - ...... -...! ..J.. _ ~J ROUSSOS INVESTMENTS PO. BOX 9756 MARINA DEL REV. CA 90295 (213) 395-0450 CITY OJ: ~. - - ~ '.W I.!' ~ , ..... -"). ..,..1 CITY PlAt.~~_.- .. 0~PC~ "92 JL 16 P4 :30 June 29, 1992 Mr. Dr~Yll(lond Buckley Planning Department C~ty of Santa Mon~ca 1685 Main Street Santa Monica, Californ~a 90401 Re: TPC 270 Dear Mr. Buckley: The purpose of this letter 15 to inform you that all the ~mprovement5 outlined :Ln the TORCA appl~cation ent~tled "IX Repairs and Alterations" w~ll be made at our expense. If the TORCA appl~cat~on :LS approved, no rent J.ncrease w:Lll be passed through to the tenants, because of the above ~mprovements. Furthermore, we understand that the law calls for the monthly condomJ.n1um fee for each rented (not purchased) un~t shall be pald by us, the landlord, and not by the tenants, for as long as they stay here as tenants. Thank you for taking note of our pos~tion on thJ.s partlcular issue as perta~ns to our TORCA appllcatlon. Sincerely, .~ ~~~ Ted Roussos TR : hs ~ )~~",.. -\ \~_ "} L ~I ...... .. _I '- '-' ....) .L. ~ _J lAW OFFICES OF ROSARIO PERRY 1333 OCEAN AVENUE SANTA MONICA. CA. 90401 tele (310) 394.9831 December 21, 1992 10:08 am screen (31 0) 395-0645 fax (310) 394-429.4 Drummond Buckley Department of Planning City of Santa Monica 1685 Main Street Santa Monica, California 90401 Subj: TORCA at 153 San Vicente, T.P.C. 270. Dear Drummond, Our correspondence to you on October 7, 1992 indicated that each tenant ques- tioned in Ms. Gould's anginal letter was and continues to be qualified to sign the TORCA approval forms for the above referenced project. Just so we both are referring to the same critena, we are refernng to the criteria set forth in 2001 (b) (d) which states that "consigning" and "lntending to purchase tenants" have "per- sonally occupied his or her unit in the building continuously for a period of at least six (6) months immediately preceding the date the tenant signs..,". We have enclosed letters to verify our position, for your review. We hope that after your review of these letters you will see that the objections contained in Ms. Gould's letter are the result of a few tenants' inattention to the building population. As a perfect example of thiS, Gould's letter states that Sherman Stacey has not lived there for the 6 months, however Sherman has been liVing there With hiS 3 children (two boys and a girl) and a lady who takes care of the children. Letter from Mr. Moore of the United States Post Office Mr. Moore, the mall carrier for the building for years, has submitted a letter to you, dated December 18, 1992, indIcating that he IS "familiar with the names of the fol- lOWing Individuals as people who I have delivered mall to at the building for over a yearN. His letter specifically references each Unit In question. His explanation of how he knows, is direct and credible. Mr. Konugre's lease for Unit 2 A Mr. Konugre's lease shows that he has occupied the unit since December of 1991. Caples of hiS utility bills will be submitted to you within a day. -. 11'-" ,..~ L .J ...&.. ,~ i 12-21-92buckley.frame 1 Lease for Mrs. Pappas, Unit 2 C The lease for Mrs. Pappas was signed September of 1984. We are submitting util- ity bills for the months starting 11/30/91 to 10/6/92. Lease Signed by Sherman Stacey, Unit 2 H Mr. Stacey signed his lease In February of 1991. Mr. Powell of City Consultants has provided us with a declaration regarding Mr. Stacey. Mr. Stacey has submitted an earher letter to you accordingly. The utility bills will be presented to your office upon Mr. Sherman's return to Santa Monica from vacation on 12/22/92. Ms. Vasilas' Utility bills, Unit 3 B There is no written lease available for this unit. However, we are submitting copies of Ms. Vas iI as' utility bills from 3/4/91 to 11/6/92. Leases of Units 3 F, 3 K, 4 A, 4 G and 4 K The remainder of the Units in question, 3 F, 3 K, 4 A, 4 G and 4 K are covered by the enclosed copies of leases as well as copies of utility bills. Summary and Conclusion Each and every Unit questioned IS, as we have shown, qualified to sign both the Agreement to Convert as well as the Intent to Purchase. We have provided docu- mentation from a U.S. Postal employee as well as other supportive Information which sustains the validity of thiS conversion under the law. We realize that the onglnal submittal must stand as IS. However, to show the con- tinued support for thiS conversion we submit an additional"Agreement to Convert" signed by the tenant in Unit # 3 E (Mr. Adelman). Thank you for your consideration. 12-21-92buckley. frame 2 ~=. ~I : - - I PROGR.\!\l I\lPLE:\IE:\T ATIO:\' The strategy TOr lmp)ePlentanon of the Sustdlndble CIty Program IS outlmed below The underlymg premIse whIch glllde~ the Implemcntatlon ~trategy IS that public educatIon and pubhc partIcipatIon are preemment values 1. Define Pmgnull a. DIssemmate Proposed Sus[alI1able City Program to the CIty Councll and to all appropnate Cny Boards and CommissIons b Begm compilation ot it "State of the Ennronmenr" report for the CIty WhIch wIll serve as an on-gOIng mstrument tor measunng dccomphshments c. Develop preilll1lnary checklist sunIlar to an Imtlal Study checkhst to be uulIzed for evaluatlng major Cty deCISIOns The checkhst \vould mc1ude envlfonmental and SOCIO- eCOn0ll1lC con"ilderatlOlis for each aellon Dr polley The checkhst would encourage declslOns tl,at are tuture-onented. consistent wHh the Sustmnable City VlSlOn and Interconnected WIth other City programs d Formulate cmen,l .1nd i:stabitsh bCflchmarks tor measunng progress toward achIevement of establIshed goals 2. Raise CommullIty Awareness and Initiate Community l\"etworking Process a. Conduct publiC hearmgS!COlllllllJI1lty \\"orh.shops on the Sustamable Cny Program to sohcIt pllbltc Illput and support. ~Ild to assist neIghborhood groups In Idennfymg and pnonuzmg their )peclfic :trea~ Of concern b Meel with relgilborho0d g:'-Ollp~, Ckunber ot Commerce, ':>chool dIStrlCt. Santa MOnIca College and other CO 111 III Ulllty repre~entatl yes to SOhCll mput and support C Prepare and dIstnbute pllbl1c lIlfOrmatlOIl matenals on Santa l\-fomca's Sustamable CIty program d Utlllze CIty Coullcd Swdy SessIons and pubhc heanngs to commUnicate the program concepts 6 Unit 3 C: This was a factual error that is irrelevant to the standards of the law. We appreciate that Ms. Gould pointed it out and, by copy of this document, make the correction for the public record. Unit 3 F: Mr. Kallins has rented this unit as his letter indicates since January, 1990. HIs letter is enclosed. Unit 3 K: See Mr. Johnson's letter showing that 3 K has been his apartment since March of 1989. l)nit 4 A: See Ms. Vasilas letter. The fact that she is a relative to the owner is irrelevant to the standards set forth in the Charter. Unit 4 G' Again, this tenant provides a letter showing that the unit is not vacant and is occupied by Mr. Stnke. His family status is irrelevant. Unit 4 K: Mr. Vasilas provides a letter here-In. Mr. Vasil as has rented the unit since 1988 In which he takes care of his ailing father. Each of the above referenced units are occupied by the tenants shown here-In and the application submitted for the building. They meet the standard for "co- signIng- and -Intending to purchase tenantsl because they have, consistent with Section 2001 (b) (d), "~ersonally occu~ied his or her unit in the building continuously for a Deriod of at least six (6) months immediatelv Drecedina the date the - - tenant sians ....1.. We find Ms. Gould's allegation that Mr. Roussos told lOne tenant" that he (Mr. Roussos) had limaginary tenants" and that Ithey only come out at nightl to be at best very difficult to believe and, at worst, capricious and not constructive. Mr. Roussos' tenants are very real and and long standing members of this community. Buildlno InsDection ReDort - - - The areas Ms. Gould mentions in her letter are lanai sections built as part of the original design of the building. A lanai, in this instance, functions as an additional room and are frequently used by occupants as bedrooms. Her other comments regarding the inspection are pOints well-taken and will be reviewed as repair or maintenance items by the owners. Repairs and Alterations. Condominium Fees Unfortunately there have been rumors in the building which have given ,: ~I ~ "___ I..... ..- ~ _I some tenants the impression that some form of pass through charges will-be sought or assessed against tenants to pay for the Repairs and Alterations promised In the application. Nothing is farther from the truth. Reference is made here-In to the letter written by Roussos Investments dated June 29, 1992 (distributed to the tenants on July 13, 1992) which pledges that · ...... no rent increase will be passed through to the tenants, because of the above improvements-, We will, of course, accept thiS as a condition of approval. The same kind of rumors have been circulated regarding condominium fees. Again, the owners clearly understand that thiS IS counter to Rent Control as well as TORCA. That Issued is covered in the June 29th letter. Deliverv of Mail As you are aware the City had some difficulty in getting delivered via U.S. Mall. City prepared TORCA packets to tenants. You have received a correspondence from Mr. Moore of the United States Post Office showing some confusion related to Mr. Moore being told that eight of the units were vacant. Labels had been removed from the eight mailboxes by someone other than the owners making delivery impossible. Mr. Moore IS now aware that these units are occupied and has expressed that they are deliverable. A final note for the record: Your office, because of the problem shown above, mailed (return receipt requested) the TORCA packets to the eight units and the receipts were returned signed by the appropriate tenants. Other Points The owner listed units 2G and 3C as semor citizens on the TORCA application He will make inquiry with the other units listed by Ms. Gould regarding the ages of those tenants. If any or all of the other units alleged to be occupied by semors are In fact seniors, we Will ask that the record reflect those corrections at the Planning Commission hearing. In summary, T.P.C. 270 meets all of the requirements set forth in the Charter and ought to move forward for approval. . I , - - . Sincerely, ~ Rosario Perry RP:sn enclosures: tenant letters letters regarding repairs r' . , I .... -..- ...... -+ .. June I~ , 1992 Mr. Drummond Buckley planning Department C1ty of Santa Monica 1685 Ma~n Street Santa Mon1ca, CA 90401 Re: 153 San V~cente Boulevard Dear Mr. Buckley: I am the tenant of Unit 3F at 153 San Vicente Boulevard. I have been the tenant since January 1990, I have this apartment to be able to be close to the beach. I declare under penalty of perjury that the foregoing is true and correct and that th~s was signed on June~;-, 1992. Sincerely, 7/~. ,- <- _' /.>~, 0-- NiC,~/Kallins ---- (l .-~ ~ ' -. .. ............. --- ..." June 1~, 1992 Mr. Drummond Buckley Planning Dep&fullent City of Santa Momca 1685 Mam Street Santa Monica.. CA 90401 Re: 153 San Vicente Boulevard I am the tenant of Unit 3K at 153 San Vicente Boulevard. I have been the tenant since March of 1989. I have this apafi.ment to be able to be close to the beach. I declare under penalty of pefJury that the foregoing IS true and correct and that tlns was sIgned on June "lS: 1992. Smcerely, 7-u~ ~--;- Pelly' Johnson June ;1(, 1992 Mr. Drummond Buckley Plannlng Department City of Santa Monlca 1685 Main Street Santa Monlca, CA 90401 Re: 153 San Vicente Boulevard I am the tenant for Unlt 4A at 153 San vicente Boulevard. I have been the tenant since last year. This is my sole residence in Callfornia. I res1de part of the year in Californla and part of the year in New York. I declare under penalty of perjury that the foregolng 18 true and correct and that this was signed on June Q~, 1992. Sincerely, ~J~y Sophie vasilas ., *1 'I - , ,. "- "-' ........ -- June :1C;: 1992 Mr. Drummond Buckley Planning Department City of Santa Monica 1685 Main street Santa Monica, CA 90401 Re: 153 San Vicente Boulevard I am the tenant in unit 4G at 153 San vicente Blvd. I have been the tenant since 1988. This is my sole residence in California. I have a residence in Ohio. I declare under penalty of perjury that the foregoing is true and correct and that this was signed on Jun~~, 1992. Sinc.erelY,~ ~ / ~;{~ John L. strike ~ r. . ." -. i I I; ..... .J _ _ June 2?, 1992 Mr. Drwnmond Buckley Plann1ng Department C~ty of Santa Mon~ca 1685 Ma~n Street Santa Mon~ca, CA 90401 Re: 153 San Vicente Boulevard I am the tenant in Unit 4K at 153 San V1cente Boulevard. I have been the tenant s~nce 1988. MY 93 year old father often occup~es the unit w~th me. I must stay close to h~m as he ~s ~n poor health. I am a phys~c~an and I personally care for my father. I am not marr1ed to Pauline Pappas. I am marrJ..ed to Soph~e Vas~las . My wife recently became the tenant of the adjo~n~ng unit so that we would have a resJ..dence not equipped WJ.. th special equipment for my father. I declare under penalty of perjury that the foregoing is true and correct and that th~s was sJ..gned on June~, 1992. Sincerely, 1.- ~~.kf'~ h J. Ant any Vas~las ~-"" L~; ~ ~ ROUSSOS INVESTMFNTS po. BOX 9756 MARINA DEL REV, CA 90295 (213) 395-0450 July 13, 1992 Herman and Jeanette Cowen 153 San V1cente Boulevard Unit 4J Santa Monica, California 90402 Dear Mr. and Mrs. Cowen: We have heard of several rumors and allegations concerning our TORCA application. These rumors specifically refer to condom~n~um fees and urepa~rs and alterat1ons.. Attached please find the letter on file w~th the Santa Mon1ca Planning Department. This letter should put to rest the rumors and set the record straight with regard to the facts. Very truly yours, ~e ~;~ Ted Roussos \\u..."'(-.{ "\ ~0 \.~~ Harxy Roussos ..,. . , ('"0 i..;!j.i.__~ ROUSSOS INVESTMENTS P.O. BOX 9756 MARINA DEL REV, CA 90295 (213) 395-0450 CITY OF ~. ~'"T J< UnNIC' ../4,..1 ..,., ["';.., . ;. C1TY PlANNb~~ OFFICE ,~-- Vl Jl 16 P430 ... June 29, 1992 Mr. Drummond Buckley Planning Department City of Santa Monica 1685 Main Street Santa Monica, California 90401 Re: TPC 270 Dear Mr. Buckley: The purpose of this letter is to inform you that all the improvements outlined in the TORCA application entitled · IX Repairs and Alterations. will be made at our expense. If the TORCA application is approved, no rent increase will be passed through to the tenants, because of the above improvements. Furthermore, we understand that the law calls for the monthly condominium fee for each rented (not purchased) unit shall be paid Qy us, the landlord, and not Qy the tenants, for as long as they stay here as tenants. Thank you for taking note of our position on this part1cular 1ssue as perta1ns to our TORCA application. Sincerely, ~ ~-:> TR : hs Ted Roussos \\;:>-, <, ~:>'l~~---' r -I' r- ....~ 'L ..l........ , ROUSSOS INVESTMENTS PO. BOX 9756 MARINA DEL REY, CA 90295 (213) 395-0450 July 17, 1992 Mr. Drummond Buckley Plann1ng Department City of Santa Monlea 1685 Main Street Santa Monica, Cal~fornia 90401 Re: TPC Application No. 270 Dear Mr. Buckley I am enclos~ng a series of lette~s from the tenants In the unlts at 153 San Vlcente Boulevard, WhlCh you have clalmed to be vacant. As you can see ~n each such letter, the tenant details the tlme and nature of his use and occupancy of the unit. Llke many bUlldlngs ln Santa Monlca, some tenants do not occupy their unlts as the~r sole permanent resldences. Please place each of these letters In the f~le as proof of the occupancy by these tenants. Very truly yours, ~~ Ted Roussos , , - - - - June 27, 1992 Mr. Drummond Buckley Planning Department C1ty of Santa Mon1ca 1685 Main Street Santa Mon~ca, CA 90401 Re: 153 San V~cente Boulevard Dear Mr. Buckley: I am the tenant ~n Un~t 2A at 153 San V~cente Boulevard. I have been-the tenant in this unit for more than s~x months. I was told by the owner that the prJ.or tenant vacated to enter the hosp~tal and has since died. I have an off1ce 1n Canoga Park. I declare under penalty of perjury that the foregoing is true and correct and that this was slgned on June L7 , 1992. Sincerely. ~/ Gus Konugres ~, ;~ .. c ,a - - "'- - - June$,1992 Mr. Drummond Buckley Planning Department City of Santa Monica 1685 Main Street Santa Monica, CA 90401 Re: 153 San Vicente Boulevard Dear Mr. Buckley: I am the tenant of Unit 2C at 153 San Vicente Boulevard. I am not Paula Roussos' mother. I have been the tenant In this unit since January 1985. This is the only reSidence which I have In California. I spend part of each year in Santa Monica and part of each year in New York. I declare under penalty of perjury that the foregoing is true and correct and that thiS was Signed on Junerj?b" . 1992. Sincerely, 'II} ~"Y P. Pappas - ~ . , ..... I.. I_~..J.. ~ I' LAW OFFICES OF SHRRMAN L. STACEY 233 WIL..SI-II-=-E BOI"JLEVAI=itO SUITE 1510 SANTA. MONICA. CALrFOBNXA 90401 TEl.. \310\ 394-1l~3 FAX (310) 394-7841 June 17, 1992 Mr. Drummond Buckley Plannlng Department City of Santa Monica 1685 Maln Street Santa Monlca, Californ1a 90401 Re: TPC 270 Dear Mr. Buckley: I understand you have recelved a letter from Cla1re Gould who states that an unnamed tenant told her that although I reslde ln the bUlldlng, I may not have resided 1n the bUlld1ng for more than $lX months. I find such a statement to be astoundlng. I have reslded as my sole residence 1n Unlt 2H since February of 1991. Although I have personally met few of the tenants 1n the buildlng, my resldence there has been contl.nUOUS and unlnterrupted. Being on the ground floor, I can understand that some tenants may not have notlced my presence. However, I find 1t 1mpossible to bel1eve that any tenant 1n the bUlldl.ng could fail to have noticed the presence of my three ch1ldren. If a tenant has not even observed the presence of three 11vely children under ten years old, tnen l.t 15 no surpr15e to me that they would have fa11ed to have noted other tenants ln the bUl.ld1ng whose presence would be cons1derably less noticeable. In additl.on, I have had an opportunlty to read Ms. Gould's letter and il.nd lt extraordinary that cla1ms are made anonymously. There are numerous statements l.n thl.s letter whl.ch, by my own observatl.on, I know to be untrue. Very truly yours, JI~< g~,y- Sherman L. Stacey 0 - - . ' ~J _ ... -" June 24, 1992 Mr. Drummond Buckley Planning Depa..l.I:uent City of Santa Momca 1685 Main Street Santa Monica, CalifornIa 9040 1 Re: 153 San Vicente Boulevard Dear Mr. Buckley: I am the occupant of Unit 3B at 153 San Vicente Boulevard. I am married to Ted Roussos; however, I prefer to use my maiden name at all times. I have no ownership interest in the property. I have always considered Apa..'l.J.iient 3B to be my separate apartment. The owners of the buildmg have acknowledged my desires. Sincerely, ~t! V~ Paula Vasilas I~ " . i,-- .....'.J. _ t CITY 0:=:: - CfT"" p: ,~),,,~ -~t::;.~_ J''L'':;-.,...= 1333 Ocean Avenue, Santa MOnica, CA 904~ lIe 29 !'l2 ~ ,'. (213) 394-9831 Drummond Buckley Department of Plannmg City of Santa Monica 1685 Main Street Santa Momca, California 90401 December 29,1992 Via Hand Delivery Sub]: TPC # 270,153 San Vicente. Dear Drummond, Please find, enclosed, two letters from tenants at the above referenced TORCA In which they state their support for the converSion and, therefor, withdraw their opposition. As you recall, Ms. Handen as well as Mr. Anzel stated their disagreement with the conversion in earlier correspondence. Ms Handon now states that .Upon reflection, I feel the TORCA is a good thmg for the building and I support It". Mr. Anzel mdlcates HI am in favor of the project In that the conversion of the bUlldmg Will give us the tenants extra protection, and will result In the fix up of the bUilding at no extra cost to us. He also Signed, for the record, a "Tenant Agreement to Convert" form. Though we are aware that his Signature on that form cannot be credited In the converSion count, we present It to you to show hiS strong support. @ ... r". ..< ~ - f_ \...." .... _..... In summary, we have presented here and In prevIous letters sufficient information such that this conversion application merits a positive evaluation by Staff and the Commission. Please call if you have any questions. enclosures: letter from Ms. Handen letter from Mr Anzel -Agreement to Convert" for Mr. Anzel I I I . Aileen Handen 153 San Vicente Blvd. Unit 2E Santa Monica, Ca. 90402 Mr. Drummond Buckley City of Santa Monica, Planning Commission, city of Santa Monica, Ca. 90401 Dear Mr. Buckley: Thank you for your letter of July 7, 1992. I signed voluntarily, and I have since learned that the TORCA process will give me protections as a tenant, that are in addition to rent control. In addition the building will be repaired without any rent increase to me. Upon reflection, I feel the TORCA is a good thing for the building and I support it. Thank you for our help. Thank you, Aileen Handen: ~J~~ '''\'-1 of-.. - . '--" .. Daniel Anzel 153 San Vicente Blvd. Unit 2K Santa Monica, Ca. 90402 Drummond Buckley City Planner City of Santa Monica, 1685 Main Street, Santa Monica, Ca. 90401 Dear Mr. Buckley: I would like to withdraw my opposition to the TORCA project for my building. I am in favor of the project in that the conversion of the building will give us the tenants extra protection, and will also result in the fix up of the building at no extra cost to us. Yours Truly CZJ-:/ At. ~ Daniel Anzel , . '-- -' :j, -- Declaration In April of 1992 I saw Sherman Stacey and one of his children walking on the sidewalk in front of my apartment at 135 San Vicente. We spoke and he told me that he was my neighbor and that he lived at 153 San Vicente with his three children. He indicated that he "had been there for over a year'l. I attest to the above under penalty of perjury. ----::> Ernie Powel December 21, 1992. ......1 ~l I ... - 'k,. .J....l.. ~_ I ,- '...... , '- City of Santa Monica Department of Community & EconomIc Development CITYPLANNING DIVlSION TENANT AGREEMENT TO CONVERSION FORM Everything that the owner guarantees or promises you In exchange for our slgnatur . 1ncluding the sale price. Is set forth In wrltlng In the Tenant-Participating Conversion (TPC) Application These pr sas. Including th promise to sell you the unit for the price stated on the application, will be made conditio s of the p val of the con rsion and the signed application will become public record. This Is a Tenant Agreement to conversion form that is used to determine how many tenants tenant-ownershlp of the building In which they are living. IlWe, the undersigned, having occupied unit California. for d-'" months. at t tlm do hereby cert1ly my/o r agreement ls at 153 S n Vie e T enant-? rticlpatm '-. d the list of malfunctions and defects detailed In thisla rental unit In the building In return for receiving money or all of my/our statements above are true and correct. , .. Slgnalure:" ?YJ j-UV Name:. , ~'\.. ,Q. \ e.. ~ ~ .L /'1) f\ ~ .;' -- , I-'1r-d II~ ~ .- (A J. L \ "(Y\. t2t '" Apt No. u )() f'. :i ~ ~ ...... v ~ """ ) /Vt1) T S <./ b/17~ 'f-Kd q; / A fP l/rai'1'~^- c r- City of Santa Monica Department of Community & Economic Development CITY PLANNING DIVISION TENANT AGREEMENT TO CONVERSION FORM This Is a T snoot Agreement to conversion fonn that is used to determine how many te tenant-ownershlp of the building In which they are Jiving. lIWe, the undersigned. having occupied unit Califomia. for A.q 1 months. at the time of I 9 do hereby certify my/our agreement to 1ts conYers n. , IIWe have seen and received ~PI9S of the the Owner's declarations of the TPC Appll \ I/We did not offer or agree to releirse all other financial consideration from t e 0 lIWe declare. under penalty of perju . Date: ,~~ / / -~- t VO\ 0 -~-~- ~ list of malfuncllons and defects detailed In tal unIt In Ute building In return for receMng money or tements above are true and correct. .. Signature: )()~ /11. ~ !)A-I/ {#- v- / Name: 11'1 . AM ~e.~ Apt No. ;;- K (VcJ T 5c/b/l1l' f-r(.d. t-V /*ff/I 'cat-;'tJ^ i' :1 . . ~ '- ...i...l. ~-'---- ATTACHMENT t., .1 .r.. ....... i'l June 19, 1992 Mr. Drummond Buckley Planning Department city of Santa Moniea 1685 Main street Santa Monica, California CITY OF : - CfTY PLAN\ . l,t ',- - - _ "l _ _.. ^=-:r-:: - "-' I ~'.....__ 90401 Dear Mr. Buckley, W JJ4 22 A 9 :19 I am the Postal Service employee responsible for delivery of mail to 153 San vicente Boulevard, Santa Monica. On June 5, 1992, I had a deli very of envelopes from the city of Santa Monica addressed to l'Occupant" at 153 San Vicente Boulevard. There was one envelope for each unit in the building. I did not deliver envelopes to the mailboxes for each unit. I returned at least 8 envelopes to the City of Santa Monica. I was told by a person exiting the building that certain units were vacant. There have been problems with missing mail in this building in the past. I noticed that the gang of mailboxes were open and the name labels of the boxes on several uni ts were missing. Since I was told that those units were vacant, I returned the envelopes to the sender. I have delivered other mail to individuals in the same units for which I returned this "Occupant" mail and I will do so if the City will return the envelopes to me. I declare under penalty of perjury that the foregoing is true and correct and that this was signed on June 19, 1992. Sincerely, 11 ) LUMm-'1-- pZ!J0U2- ~illiam Moore USPO 6 - I Cf - 7:7- - ,-I ~ December 18, 1992 Mr. Drummond Buckley City of Santa Monica, Planning Department 1685 Main Street, Santa Monica, Ca. 90401 Pear Mr. Buckley: I am the Postal Service employee responsible for delivery of mail to 153 San Vicente Boulevard, Santa Monica. I have written you before, with a letter dated June 19, 1992. I have been asked to send you this letter explaining my dut~es on my route and what I remember of mail delivered to the building. I have been delivering mail to this building for years. My regular work schedule is 5 days a week, 52 weeks a year, with the excep- tion of vacation time. I sort the mail for my route personally, first for each building address and then for each apartment unit within the building. I put a rubber band around the mail for each building and also around the mail for each unit's mail within the building. Th~s makes my delivery go much faster and guarantees accuracy of delivery. In doing this work I have become very famil- ~ar with the names of the tenants within the buildings in my route. My route in this area consists of three apartment com- plexes. The owner of 153 San Vicente has asked me if I recognize the names of certa~n tenants as being people I have delivered mail to in the past, and has asked me to write a letter to you explaining that I am. I am familiar with the names of the following individuals as peo- ple who I have delivered mail to at the build~ng for over a year. Sherman Stacey P. Pappas Paula Vasilas N~ck Kallins Gus Konugres -Perry Jolmson Sophie vasilas John Strike Anthony Vas1las I hope this 1nformation will be of help to you. If you have any questions please feel free to contact me. S~~ W'll' W1 ~am Moore USPO ..... ....l ~ .....- ~_: ~... Eo ATTACHMENT S ~ ~ - ..... ",j ..L ....; _J SANTA MONICA City Plannmg DIVISion (310) 458-8341 1685 Mam Street. POBox 2200 Santa Monrca, CA 90407-2200 July 7, 1992 Aileen Handen Jerry Tauger Daniel Anzel Ted Leff Milton and Leah Bassing Marilyn S099 Pauline Anderson Aileen Handen 153 San vicente Boulevard Santa Monica , CA 90402 Dear Tenants: Thank you for your correspondence regarding the TORCA application at your address (TPC 270). I have forwarded your correspondence to the applicant's representative and asked him to respond to each of your concerns. For those of you who have rescinded your signature on the "Intent to Purchase" or "Agreement to Conversion" form, please be advised that the city Attorney has stated that a rescission of signature is only valid if the tenant is rescinding based on fraud, misrepresentation or coercion by the applicant. As many of you may know, eight of the tenant notices were returned to the Planning and zoning Division by the u.s. Postal Service marked "Vacant." On June 19, staff received a letter from a postal delivery clerk stating that this mail should have been delivered (attached). Staff re-mailed the notices via certified mail, return receipt requested. As of this date, seven of the return receipts have been received by the Planning and zoning Division. However, the burden of proof remains on the applicant to show that the units in question were occupied for a minimum of six months, as a primary residence, by each tenant who signed the "Agreement to Conversion" and "Intent to Purchase" forms. He - 1 - r . , , -~ must also show that they were tenants who resided at this location in exchange for money or for another form of consideration. Some of you have requested that Planning and Zoning staff reverse its deem complete of this application. This would be impossible since all the necessary materials were submitted to deem the application complete. If some of these materials are found to be fraudulent, then the Planning Commission (or the city Council on appeal) may deny the project at a future public hearing. You will be notified in advance of any relevant hearings and you are encouraged to attend them. If you have any questions or comments on this matter, I may be contacted at (310) 458-8341. Sincerely, 0~- Drummond Buckley Assistant Planner Attachment cc: Rosario Perry - 2 - ~..... ... I...: L.J ..l.- ___" ~ SANTA MONICA ..............._:-"_~..I'~;.~ ._ u ~...:_~ _ 0-~'.__~_1..-3>~~~..~"[-" ~-'r~_ ;.:"-_-..~.j.:.... ~ _._ ""'J- -.~ ~::..;.~.;;..- .::...::.... .. ~ J~~ _.'~" ~ .;:..;-..-... Planning and Zonsng DIvIsion (310) 458-8341 1685 Main Street, PO Box 2200 Santa MOnica, CA 90407-2200 January 13, 1993 All Tenants 153 San Vicente Boulevard Santa Monica, CA 90402 Dear Tenants, Attached please find a copy of the Planning Division staff report for the TORCA application at your building. A few weeks ago, you were sent notices stating that the hearing date for this matter would be January 6, 1993. However, this matter was continued to & January 20, 1993, at 7:0~ p.m. in city council Chambers, 1685 Main street. You are encouraged to read the staff report and attend the public hearing. If it is impossible to attend the hearing, you may submit correspondence to me by the afternoon of - . the hearing (no later than 3:00 p.m., please) and I will forward it to the commissioners at the time of the hearing. Please note that the "Summary Cover Sheet" and nUnit Tenant Information Sheet" (Attachments A and B of the staff report) have been corrected to show that Tana and Jeanene Herschold, the tenants listed for unit 2J, signed the "Agreement to Conversion" form. This information was inadvertently omitted from the copy of these forms which you were mailed at the time the application was filed. Sincerely, h~ Drummond Buckley Associate Planner PC2/tp270cor - 1. - i_' ,-,-. \y -\ '-' o/:' SAN'TA M.O-NICA Cltv Plannmg Dlvlslor (3101 458-8341 '685 Main Street. POBox 22JO Santa MOnica. CA 90407-2200 July 7, 1992 Ernie Powell Law Offices of Rosario Perry 1333 Ocean Avenue Santa Monica, CA 90401 Dear Mr. Powell: Attached please find copies of correspondence receved from tenants at 153 San Vicente Boulevard (TPC 270). Please respond to each point made by each tenant (you have the burden of proof to show that the application is accurate and that the tenants resided in their units for the required amount of time before signing) . Also, please respond to each of the allegations made in the correspondence from Claire Gould, which you have in your posession. sincerely, ~ Drummond Buckley Assistant Planner Attachment PC2jtp270co2 - 1 - ""' - . I! . ~o .J......r .. - ------ ATTACHMENT T r :1 ... L' .....) __ -.J --"- -L City of Santa Monica Department of Community & Economic Development CITY PLANNING DIVISION TENANT AGREEMENT TO CONVERSION FORM T this Is a Tenant Agreemenlto conversion lonn that Is used to detamul1e how many tenants agree ' tenant-ownershlp 01 the building In whlch they ara living EverythIng that the owner guaranlees or promises you In exchange lor your sIgnature, IncludIng the sales I'rlee, Is set forth In wrIting In Ihe Tenant-Participating Conversion (TPC) Application These promises. Includlllg lhe promise to sell you Ihe unl! for the price staled on the application. will be made conditions of the approval of the conversion and the SIgned apphcation will become publiC reCO<<l. lIWe, the undersigned, having OCCUpied unli 2-A- at 153 San V1.cente Blvd. ,Santa MOnica. Cafifomla, for C. months. at the time of nUng of the Tanant-Pal1lclpallng converSion Appllcallon for the property do hereby certify my/our agreement to lis conversion. I I I I l l , I I lIWe have seen and h8\le received a copy of the Tenant PartIcipating Conversion Application whIch I1slS the maxImum sales price for all tenant occupied units In this bulldlng and other Information and which Is to be filed with the CIty of Santa Monica VWe h8\1'e 8.en and received copIes 01 the BuDding InspectIOn Report and lI1e Ust of malfuncUons and deleCIs delalled In the Owner's declarations of the TPC Appllcallon. lIWe did not offer or agree to release all rights to purchase this/a rental unit In the building In relum lor receiving money or other financial consideration trom the owner. W1e declare. under penally of perJury, that all of my/our statemenll; above are true and correci. Date S /?/f')/ Slgnaiure' ,~? G V') Name (0 V1 U3 rt> Apt No ,_ t2(f {2. CC-Tt)t..W '(LtG f;t PI: '~~"!~!!:R: . Complete items 1 end/or 2 for ecld'tIIInlll """I:ft. . ~_3 and.u6b ~ Pnnt VCKIr ....1T1II end elldr... on th8 ...w,.. of tI1ia fOrTh 80 - we .,." rewm rttia CBrd to tau ~ AttBc:h INs fDfm to tt>e front of thB I!lIIiIPOCMlB, or on !he bac" If "Pece dou not PIlrmlt · Wrn.- "Iletwn A_pt Ilequaeted ' 0llth8 INi/pJece next tD the _Ie number :i" Article A;:':,........u to ~lt-;:..,~'I ;. -~ I el&o w'sh to _..... .... following ...",.,.. (for an . feel , 0 Addre...ee'. Addreu GUB Konugrea 153 San VIcente Blvd. 12.A. Santa Monica. California ~6402 , 'HoI ---i-J 2 0 RIlStr'cte<t Delivery ConSUlt .",.....UIJ...lm- ftN fH p~;r~tii3S2- "?t 41'> S"",'ce Type o JI.....'51enN1 0 Insured o CertJf'ed C COO o Elqor_ Me'l 0 Aonum A_'Pt for MerchencllBe 7 D~.Df OeJ"'&rv 6 ,? o~9 L- a Add_. Add'e.. [Only if rlIquBStecl end fee I. paid) t ~Y=~ -: 6 SlQRatunJ (Agentl PS Form 3811. 0ctDber 111110 ..u.a. 81'0-1__. DOMESTIC RETURN RECeiPT < --=- , ; '- -' City of Santa MonIca Department of Community & EconomIc Development CITY PlANNING DIVISION TENANT AGREEMENT TO CONVERSION FORM ThiS Is a Tenant Agreement to conversion lorm that Is used to deterrTlln9 how many lenants agree 10 the conversion to Ienanl.ownershlp or lhe bUilding In which they are living Everything that lhe owner guarantees or promIses you In exchange lor your signature. Incluclrng the sales pries. Is sel forth in wrilmg In tile Ten8nt-PartlclpaIJng COnversion (TPC) Appllcallon These promises. Includmg the promise 10 sell you Ihe unit lor Ihe priCe stated on the applIcation. will be made conditions of tile approval of the conversion and the signed application will become pubhc record I/We. the undersigned. having occupied unll 1- c.. al 153 San V1cente Blvd. ,Santa Momca. California, for t r months. at the time of I1l1ng 01 the Tenant-Participating conversion Appllcallon lor the property cIo hereby certIfy myJour agreement to Its conversion. j l t ! t t lNie have seen and haw received a copy of the Tenant Pafl}clpatlng Conversion Application which .Isls the ma.r/mum sales price for aU tenant occupied units In this bulldlng and other Inlormallon and which 1$ to be flied wlllllh9 City of Santa Monica !NIe have 8een and received copies of the BulkUng Inspection Report and the list of mallunCllons and delects detailed In the Owner's declarations of the TPC Application lMe did not offer or agree to release all rights to purchase lhlsla Amlal unit In the building 'n retlJrn lor receMng money or other finanelal consideration from the owner. Wle declare, under penally 01 perju'Y. that all of my/our slalements above Bre true and correcL . , l Dale '- J LLAJ I r qc; 1.- , I r:::./'} rl r ./fJ---Kto 0-( ,~. .I ;)o..O'I...ICc c- , I Signature Name ? ApLNo ,. :J.. L {2-~IV t~ rti:c [1fT- ~ SENDEFI . Cv,..":"i~ iQIms 1 lind/or 2 for add' I I : Compl~t~ rt~_ 3. end 4a a. b 1- s""'ces I "Iso w,sh to 'Ik:S'.-. the PrIM, yOur nllme Inti eddreSll on me reV8r1l of m tollowlnG "'''''C8ll (fOr er 'ta that we Cen I1ltum Ihlll cerd to YOU e 1$ form 80 j f.... . Attach th,s tom, to the , t t ~ 0 bIIc~ if speCll don not ~~n 0 ".e _,IPlece, or on the r 1 Add'e.Me · Adctre.. If . Write Return Receipt RSques.ted" ..... . ~ /, the article number Of) u"" ma,lp'lICe next to 2...J RestrIcted Delivery ! 3 Arncle Addrehed to"- ~ Con~lt I~ ....te. tor fee P J7^ ., II. ~. _ /J .1a Article Number ~ r~ru:..- rq...pp tt.o ;;If ';lJ ~ {I ~S2.- 7 J~3 JtJ./}7 VI aJ.."itt fit '.2f!., ,9 R~S~ VPB 0 Insured r.../ ~ Yrl97UPtL- t!7{ ~ Certltl8d C COD , '/' I c.J ExprSll8 M~II 0 Fletu.n ReceIpt to. _ '7' ~ q {) L/ ~ 7 Date at Delivery hend, 5 SlQ11eture ~ ~ - 'J l( - r?- -.", , ,j 8 Addles.,.'s A<tdres. (Only it r"que.reii end fee,s !)a,dl 6' S'llnmut8 IA~[I PS Form 3811. October 1990 Jl I .11.& lIPQ 1~ DOMESTIC RETURN Fit._rPT ~ ..... -I ... '..-' A City of Santa Monica Department of Community & Economic Development CITf PLANNING DIVISION TENANT AGREEMENT TO CONVERSION FORM This Is a Tenant Agreement to conversIon lorm that Is used to deterlTl1ne how many lenenlS agree to the conversion 10 tenant-ownershlp of the building In which they are living EverythIng that the owner guarantees or proml"s you In exchange for your slgnBlUrs. Including the sales price. Is set forth In wrlllng In the Tenant-ParticIpating Conversion (TPC) Application These promises, Including the promise to sell you the unit IOf the price stated on the application, win be made conditions of the approval of the conversion and tne SIgned apphcatlon wnl become publIC record. LWe,lheundersigned,havlngoccupledunlt 313 at 153 San Vl.cente Blvd. ,Santa Monica, eamomla, for L..i 5 months, at the Urne olllllng 01 the Tenant-Particlpallng conversIon Applicallon for the property do hersby certify my/our egreement to lIS conversion I I I I t. l l t t 1 t. ! f , I I/We have seen and have received a copy of the Tenant Participating Conversion AppliCation which lists the maximum sales pace for all Ulnan! occupled unIts In Ihls building and Other information and whICh Is to be filed wlth the elly of Santa Monica. WJa have seen and received copies of the Bulking InspecUon Report and the list 01 malfunctions and delects detahed In the Owner's declarations of the TPC ApplaUon, \!We did nolollar Of agree to release all rights to purchase thlsla rental unllln the buIlding In retum lor receiving money or olher financial consIderation from the owner. VWe declare. under penalty 01 perjury. 1hat all of mylour statements above are true and correct Date ... \.,J vu-L ~ I~V~ Ya uJa Ik SI )tt 5 Iq 91- Signature Name ApL No :?f., rz-E-fv (LJJ t-U Elf): SENDER .. Complete....... , ancIIor 2 tQr add,_1 """"ClIII .. Complete n.rna 3 and 4e " b tha" PrInt your - MIll edd-. on the ,__ at thIS form ~ t we .,." m..m IhII ClIrd to you . Attach thIS form 10 the front of the ,"",Ipoece or on the back If ._ dllflll not IMnnIt .. Wme "Ren...n Receillt ReQ~" DOl the melipllIClI neort to 2 0 Restr,cted DeIIVelY _ arllcle nurnDeI 3 Arllcle Add .....oJ to . Consult poetmaster for fee Paula VasUas ~ t L 4a ~il197 /3J7{ 9 153 San Vicente Blvd. I3B _' 4b 59",u>> Type I , 1 YA 0 Reg..r$f8d 0 Il1llured Santa Monica, Califorma 90402 0 CertifIed 0 Coe ; o express Mail 0 Retum R_lpt !f Merchenc:i.., 7 D1o~el.Lf _ r 9- 8 Addressee'. Add.... IOnlv If requested Ind fie I. paid. I .lao _h to recerve the folloWIng StInIOC8S If 01 ar ... feal 1 0 Addressee'. Io.ddresa #! ~1/L 5 Sfgnlltu.. fAdd,1Iiefr 6 Slgnlltllnl fAgentl ~ PI Form 3811. Ocb>ber 1990 ..U.8.Gl'O:_ DOMESTIC RETURN ~. _.Pi ----. RECOMHENDATION It 1S recommended that City Council adopt the attached resolution supporting the creation of a Santa Monica Sustainable City Program. Prepared by: Attachments Cra1g Perkins, Environmental Programs Manager 7 City of Santa Maruca Department of Community & Economic Development CI1Y PLANNING DIVISION TENANT AGREEMENT TO CONVERSION FORM - This Is a Tenant Agreement to conversion fonn thai Is used to determine how many tenants agree 10 lhe conversion 10 tenanl-ownershlp of the building In which they are living Everylhlng that the owner guarantees or promises you In exchange lor your sIgnature. Including the sales pt'lce, Is sal IOfth in wrlMg In the Tenant.Partlclpallng Conversion (TPC) Appllcalion These promIses. Including the premise to sell you the unit lor the price stated on the application. will be made conditions ollhe approval of the convarsion and the slgnell applicatIOn will become pUblIC record Wle, the undersIgned, havlng occupied unit 3 K at 153 San Vicente Blvd. ,Santa MOllica, Call/om/a. lor ~ 'i months. at the time of fmng of the T enant-PartlClpalmg conversion ApplIcation lor the properti do hereby C1lrtfly my/our agreement to Its conversIon l/We have seen and have received II copy of the Tenant Participating Conversion Application which lists lhe maximum sales price for all tenant occupied units in this bulfdlng and other Informatlon and which Is to be filed with the City of Santa MonICa i t 1 . t ~ ~ lIWe have seen and received copIes of the BuildIng Inspecllon Report and the Ust 01 malluncUOns ana defects delalled In the Owner's declarallons of the TPC ApplicatIon. IlWe diO not olfer or agree to release all tights to purchase this/a rental unit In the building In relum for recelvlng money or olher financial consideration from tlle owner. Wle declare, und&r penalty of perjury, that all 01 my/our slatemenls above are true and correct Date ~ 3 ~ / Ii f 2- Signature' f ~ 7~ tL~ C/ C/o. f e. r r y H -(.(\ r )' Y i> 4 fl..J .:> n F F Name Apt No. Jk. f2- E- T V fl-r.) t. E- eel t' {: SENDER: . Complete Items 1 _I.... 2 for additJonal .....Ic:ea . Compiete It8mI 3. end 41 & b . Pnnt \lour name and Mldren tin the /'ft'en(I of thIS torm so m.t .... can ..turn lto.. cll'd to yOU . A~ thiS form to the front of the ,"",lpillCe. Of on the back II .pece doe. not ~t :_wme Rlltum Receipt Requntecr' on the rnailp"c. nlUt to 2:J R8lItrI1:t1ld Del'."Y ., '" artlcle number 3 4nu:lB AddraS6d 10 Consuh i^'.-m~a;:5L'1:n tor fee Perry Johnson L 4a q;tt1;~:P2- 4b Ser.ice Tvpe 153 San Vicente Blvd. #3K 0 FleQlftenJd :J Insu....d Santa Momca. California 90402 0 CeJtifJed 0 COD o bpresa Mall 0 Return ReeSlp! toT Merchaml'" 7 Dare of Dah..-..y .-'. 6 -z5-1c. 18 AlIlIr_'s Addres. IOnly " requested and I... IS paHlI I 8110 _11 to ntC8I"e dQI follOWIng aervlCa (for a~ .... taeJ , Ci Acldre.......s Add,,,,, f- ~ 5~~~ 6 SlgnatLlre ~ent!7 PS Fa"" 3811. October 1990 ..u.LlIPO" 1_ DOMESTIC RETURN RE~....l'T -=-=0. ~ 14 - " ~. " ... .J CUyof Santa Monica Department of Community & EconomIc Development CtlY PLANNING DIVISION TENANT AGREEMENT TO CONVERSION FORM This Is a Tenant Agreement to conversion form that Is used to determine how many lenanlS agree to the conversion 10 tenanl-ownershlp of the building In which Ihey arB living Everylhing that the owner guarantees or promises you In exchangB {or your slgnaMB, includIng the sales price, Is set lorth in wrillng In the Tenant-Partlclpatlng Conversion (TPC) Appllcatlon These promises. IncludIng the promise 10 sell you the unit for the price stated on the application, will be made conditions of the approval of the conversfon Bnd the SIgned application will become publIC record. lJINe.theunderslgned.havmgoccupledunlt L-f Ar at 153 San V1gente Blvd. ,SanlaMonlca. Canfomla, lor q months. at the lime of filing of the Tenanl-PartlClpatlng conversion Application for the property do hereby certify my/our agreement to Us conversion. I 1 I , I t l , ~ ,. ~ tM'e have 11Ien and h8V8 NCelved a copy of Ule Tenant Partlclpallng COI'IV8rslort App/lc8liOn which lists 1M ma;dmum sales price for alllenant occupied units In this building and other InlormaUon and which Is 10 be flied wIth the City 01 Santa Monica lINe have seen and r8C8lved copies of the BuDdIng Inspection Report and the fist of malfuntUons and defeclS detailed In the Owner's declarations of the TPC AppDcallon. IlWe dId not ofler or agree to release all rights 10 purchase thls/e rantal unit In the building In relum for receiving money or olher fInancial consideration from the owner. I/We declare. under penalty of peJjury. thaI all of my/our $talements abOve are true and correct Dale 1",,~ )r 1--:::: 1">,,_ y{~Li I - ~ ~"'-""}~',(Z /" 'f r....{2 tlL'~ _, U({c;..,!ac:; SIgnature' Name Ap\.No I-/Pr {LE-r 11 fl-~ (Lee 15IPT' SENDER' . COMPlete Items 1 andlor 2 for acldrtlOnal UrvlcSS I Ilia Wish to IlIC8lve the · Complete lteml 3 and 4a &. b fdlowmg servlcel {for .~ .... . Pnnt your n,,",8 _ addr88S on tile fltV8rH of thI8 fmm I" feel that wa can ..t..m this Clrd to """ . Au.ch th,. form to the f.ont of the ....dplece, 0< on 1be 1 0 Add,elu8 I Addres. beck II -0""" does not permit r · Write "RetUrn Receipt Req..Il8'I8d" on the rnlilplBCIl next to 2 0 RestnOted Oel,ve.... the artlcl. n..mber 3 Article ..e..:v._""", [0 COMult po~nter for fee Sophi VWl.ilA" 411 Article ",",ber - - S2..- 153 San Vicente Blvd. #4A Santa Monica. California 90402 11lruiJv 5 SlgIusw.. lAdrkauHl 4b 5"...., yp" o R8Ilnrt....d 0 Insured o Certified 0 COD o Express Mail 0 Return Receipt f MltCh_nd,"", 7 Oets ~,@fiJVIllY rJ "0- 1.t/ -1 ~ 8 Add.es...'_ Add..ss .Only Jf requelted Ind fee IS peld. 6 Slgnetu.. IAgantl PS Form 3811. Octobe, 1990 <====:0 ...I.I.&VO:I-,-, DOMESTIC RETURN R~ .PT ~ 14 .! .1 . 1 City of Santa Monica Department of Community & Economic Developmenl CITY PLANNING DIVISION TENANT AGREEMENT TO CONVERSION FORM ThIs Is a Tenant Agreement 10 conversion larm Ihalls used to detenmne how many lenanls agree 10 the conversion 10 lenant-ownershlp 01 the bunding In which they are livIng Everyth!ng that the owner guarantees or promises you In exchange ler your signature. /(l(:ludmg Ih& sales price. Is sel forth In writing In the Tenant-Parflclpating Conversion (TPC) ApplIcatIon These promises, Includmg the promise 10 sell you the unll for the price stated on the appllcaUon. win be made condlbons 01 the approval of the conversion and the Signed application will become pUblIC record lIWe,theundersiQryed.havlngoecupiedunlt tJfr at 153 San V1.cente Blvd. ,SanlaMomca, Canromla, lor ~t months, 81 the time of filIng of the T enanl-Particrpabng conversion AlwIicallon lor the property do hereby certlly my/our agreement 10 Its conversion I J I \ \ 1 ! l i. < i t . r I/We heve seen and havs received a copy 01 the Taunt Partlclpallng Conversion Application which lists tI1e maximum sales price for an tenant occupled units In this building and other Inlormatlon and which Is to be fded with the City of Santa Monica Itwe have seen and received copies of the Bullding Inspacllon Report and the list 01 mBllunctlons snd delects del8lled III the Owner's declaraUons of the TPC Apprlcation. lNJe did not ofter or egree to release all rlghts to purchase Ihlsla rental unltln the building In return for receiving money or other flnsncial conskhlratlon from the ownsr. Wle declare, under penalty of pe~ury. that all 01 my/our statements above are true snd correct Dale S!3/ /1;L r1z~ _ LJ . ."T{)t,Y1 L. 4~ Sf.n Ie. L SlgnsltH'e" ;/ /)~~ Name Apt No. (LS-T\J(l.N '(LE.cEt....T: SENDER. . Complete 1111",. 1 lIfII1Ior 2 for IHldtuonal servIces · COIJlI)IBte items 3 _ 4a ... II . Pllm YOU' name and add.us on l!le revs"", Of thIS form so that ...... can ",turn thIS card 10 you . Attach this form 10 tha fron1 of tha .....,Ipleca 0' or! th& back if SplICe _ no1 permil: . Write' flelum IteceIpz ReqJJeswd' on the "....JpIIICe nel<t 10 me article numbllr 3 Arucla A_ned 10 I al80 ......h to receIve the lo1lowrng NlVICBS 1101 ltI' "e teel 1 0 Addr.....u." Addr...s John Strike 153 San Vibente Blvd. *40 Santa Monica. California 90402 ~~r9t::k 5. S atura- (Add'."'. ...... 2 ::J Relmcted Dellvary Consul1 posb1181'''' for tlltl 4a ~Ia Nu"-r '3> 4b StmtlCfl Type o Reglotared o CerflhMJ ' o bpraal Mall o COD n Raturn ReceIpt for - Marchand.se 7 Dat&0ID~Ne7 ~ ~ fI - '-J -762- 8 Addr_. Add.... iOnly If ,equalted and tee lS paldl 6 Stgnawra lAg...,tl PS Form 3811. Octobar 1990 ~ ..U.&Gl'O- ,_ DOMESTIC RETURN RE, .PT ~ 14 i ~. . ... -.J.. _ City of Santa MonIca Department of Community & Economic Development CITY PLANNING DIVISION TENANT AGREEMENT TO CONVERSION FORfV\ This Is a Tenant Agreement to conversIon form !hat Is used to determine how many tenants agree to the conversion 10 tenanl-ownershlp of th9 building In Which they are Il'Iing Everything that tho owner guaranlfts or promises yoll In eXChange for your slgnslUre. InclUding the salBs price. Is sel forth In writing In the Tenant-ParticIpating Conversion (TPC) AppllcaUon These promises. Including the promlse 10 sell you the unit for the price stated on the application, will be made condItions of the approval of the conversion and the signed application wUl become publIC record I/We, the underslgned. having occupIed unit ~ K at 153 San V1cente Blvd ~ ,Santa MOnica. Camomla, for t.A'1 months. at the time of f~lng of the T enanl-Participating conversion Applicallon for the property do hereby certify my/our agreement to lIS conversIon. I I l l ~ , I ~ i lNIe have .8.n and h.w received a copy of thll Tenant Partlclpatlng Conversion Application which lists the maximum sales prk:e tor alltensnt occupied unlls In this building and other Inforrnallon and which Is to be filed with the CUy of Santa Monica I/We haYe seen and received copies of the Bundlng Inspection Report and the IIsl of malfunctions and defects detailed In the Owner's declarations of the TPC Apprrcallon. l!We did not oller or agree to release all rights to purchase thlsla rental unit in the building In return for receivIng money or olher financial consideration from the owner. Wle deClare, under penalty of perjury. that all of my/our statements abOve are true and correct. Dale ~ ~ )j- ~ I OJ...,'L Signature" ~"'JtJ&:h...r"") ~ Name O'"l, ,!- J, ,,"'1 Y \i'" ~ I ~ ApL No 4- IL... ~ 'E.l u ILtJ fLUe If}.' JP' SENDER : g=::= ~.a;:~0~2t'~ .dd.bonaJ ..'Vlce. 1 11.0 wI.h to r_ the . Pnnt your 1)JII"I)B md addmBS folI0"'''"1I .8fVJCIIS Ifor af' '/a thlt we can ..turn th,. cen! t on the r_roe of thl. lonn.o 11181 . Anaell th,. fonn to thil frO:r ~U'k_ bad< If 'Ilace dollS nor DlIrlftt u"' trlBtIp,ece Or on the 1::J Addrs....e.. Ad<lreas . Write Return Flecelllt Requuted" ...- 0 the article number On .".. I'mlll~lt neXt to 2 Ft..tneted Celmiry '3 Article Addreued to Con~ult postmasrer lor lee 148 ArtICle Number Anthony Vaa1laa Lf I 1,72- 153 San Vicente Blvd "4K ~ Se'Vlce T'/'Ile . It '-' RegIstered 0 Insured Santa Moruca, California 90402 0 CertJfted 0 COD o bprfar;- M':', :J Retum RecelDt for Merchandise 7 Dare 01 Delivery 6 ~1..~ - r f7-- ,B Addrsuee 8 Addr... lOnly .f reqUllSr8d llIId 1811 IS l>8i<ll __ Q'1b_ ~nJ 5 Slgnlltu~~ 6' ~-...i..... IAgantl PS Form 3811. Oczobclr 1980 -====- "lI.lI.~1___1 DOMESTIC RETUR~ .~ ~ jif '- 14 ,... I A I.. . - I ATTACHMENT L/ n ., A ~ f_ ..l _ t (8 L E 11~ E A&tz.~c.N\'E- wi j APARTMENr No, 2.. A U W \T S 2 It "2 M, ~ F, 3 ~ I STANDARD LEASE 1+ Ir, 4 b I Lt k THIS LEASE is entered into this I u:. day of D-e.t...e- -6\.... 19 q I by and between 1"'" ~ 6 )ilnA.U 0') ........c... '" Il."\'\)' ~ \) tu . heremafter c:a11es "Ownerl Alent" and Go l.L& K 0"," I..\. ~ , hereinafter called "Tenant", IN CONS J DERA TJON of the pa~ment of rem and subject to the terms and conditions below, the Owner rents to the jA Tenanr, and the Tenant hue'S from the Owner, for residential use only. the premises known as Apartmenf 8f ,i"3 5'~ Vr(,..Cl.M.t-e. ""vtl S-,.." , Call forma , for the t~m of cT)tc-)'€.o"t.. commencing on the U-}, r, r. },.....~~ ItvtMty~'h"t ~ 1)4.00 ,.", I.L I day of 'J).a.c.2."'" ,'Ct'L- . 19:t I , at the rental of. Dollars ($5-11 f. ) peT mOn/h, each Installment due and payable in advance on the,.' ~ day of each and every month dwins said lerm 1f the first month's rental is adjusted, the rental sum o( - Dollars ($- ) has been re- celved b} O~neT for the penod of to THE TENANT FURTHER AGREES AS FOLLOWS' " "hllUI O"n~r s prior Wfluen cons~m. lhe premues shall be occupied only b)' the under$llned adults and ~..J d1ilctren 2 If TmanlS fall 10 pa~ the renl In full ""uhln two da~s afler It IS due, Tenants shall pay Owner a lale eharlC of S-:: ' plus S _ _ for each addl1lonal da} Ihal Ihe rem conunues 10 1M! unpaid The total late eharles for anyone month shall not exCftd S B\ Ihls prOUSlon, O""ner does nOI "'al\e the fllht to InSISI on paymenl of ",e rent In ru!/ on the day it" due. 3 1111he eHIH am check nl:cled b\ Tenanls, Or ell her of them, to Owner In payment of rent ar any other amounl due under thlsAanemmt IS returned (or lack of sumelenl (unds or a closed or nonelllSlanl accounf, lenanls shall pay to (hI.ner a dleck.MUrtl chUIC tn (he amount of S ",,'" . 4 \\ II hou' 0" ner s pnor "lIlten (onsent no bird or ammal shall 1M! kepi or allowed In or aboul Slid prennKS S \\llhQUI O...ner's prior ""nllen consenl. no v.alcrbeds or liqUid fill~ furnllure shall tx allowed In or about Slid prtnnses. Tenants shall nOI vlolare an\' ,o\ernmenlal law In Ihe use or J'ItenllSeS, perm II waSle Of nUisance, annoy. molest, or Interfere ,.,nh an)' olher lmanl or net,h- bor TcnanlS Shall obn' and camp/\ With aU hOll5t rules. If any, as attached hereto as paJl: . . and mC:Crp0r8led mlo rhts Alr~em~m thereb\ 6 E'l.Cetll as ma~ be ",rollded bY la". no rqwrs, d<<oratlons or alterations shall be d~ Wlthoul Owner's pnor written eensmt Decor- auon Ineludes bUI 15 nOI hmlled 10 palnllnl, ",a(lpapennl, hanllnl of cellln. lamps Of posters i In the e-en! lhat lhe Tenanl5 shall abandon the premiSes, Ihe lease c:cnunues In efrtcl so lon, as the Owner does not terminale the Ten- alii < flJhl 10 J:lOsse5510n, and the O...ner ma) enforce all of hIS f1lhts and remedies under Ihe Lease, IMlvdlnllhe fllhl to recover the renl 15 IT becomes due under lhe lease The Tmanu ma)' nOI sub-let the pl'opcny Of uSlln their Interesl In the LeaK 8 In the cvenl !he Tenanls breach Ihe Lease and abandon Ihe propeny beforc lhe end of the term. or if Tenanls' ri,hllo possesSion is turn- In:ued b~ Owner because or :I breach (If leall:, Owner may recover 1he amounlS sel forlh In Parar:raph 1951.2 of lhe Civil Code, Includln, lhe "'orlh al lhe lime of Jud,menl 01 award of 1he amounl by wlllch the unpaid rent for lhe balance of the Inm, after the urne of lhe ....ard. ncecds Ihe amounl of such renlalloss for the same penod lhallhe TeNlnt proves could be reasonably aVOIded. 9 Tenants ha"c Inspected Ihe premises. furnlShlnlS illiG ICqUlpment, If applicable, and have round the same to be salisfactmy AD plumbin.. hUllng and elecTrIcal are OJlt'ral"e, and furnllure, If any. as Invenloned and auachlCd hereto as pale _ , has bkewwe been in. spected and IS deemed samfaclory b) Tenanu 10 To keep the prcml5es clean, sannar}, and In lood order and repair dunnllhlC Inm of IhlS lenancy, and to surrender 1he same in like con. dmon ellc:luSI\'e of ordinal)' .ear and lear 11 To flay for all uldllles, SerHces and diaries, If any, mlde by or prechealed upon occupancy of relldmce ncept as follO"4llll. ~ ~ 1'-0 '". fao'-\~ ~ ~ W~'L 12 Th~ undersl,n~d Tenants, .helher or nOI in actual possession or lhe prem"es, are JOintly and S1tveJally hable ror all rent incurred durin' the term of thiS Alrumenl, IIIId for all dam'les to Ihe prlClIlISeS caused or pefmlUed by Tenants, thar .uests and inYllecs r I~~ ~.~ j AP \J'lT"'F'T ,\C:;"OC'lATtO'" CRFATF.R t OC; ASGEL~ I'onn ND 16 lniKd "16 f .-' ~ J3 S OV V as secunly ha been deposited Owner may use thertfrom such amOUDh as are reasonably necessary to remedy Tmanl~' derallll In the lla}"ftIent or rmt, to repair damalr5 10 Ihe premises caused by the Tenants. thtlr ,untS or IftVltees adUSlvl! of orcbnary 'l\ear and tear, or 10 dean Ihe Jlfmllses ir necessary upon termmation of the tmancy. No "tft' than tWO (2) weeks after tcmunallon of ten. ancy. Ihe O"''lIer shall furnish Tenants with an Iremlnd ...nttm ltllement or rhe basIS for. and me amounr 0(, ay I<<uriry ra:eftd and Ihe duroslllon or such seeunlyand shall recum any rmlalftlPl ponlon of IUCb JeaJruy tD Tenants at TcnanlS' last IaIown .ddIas. 14 Tlmonls agree Ihal Owner or Owner's al!enl$ may enler the premises In the event of an emerlmcy, or to mtIlle teplln or improvements, sUT'ph a,reed servICes. or nhlbH the premISes to prospective plltc:hasen or tenants. ~ In ease or tme,,~cy, Owner shall lI",e Tenants rea,onat>le nouC'r or Inlenl 10 enter In order to raCllllale Owner's right or access, Tenants shall not, "lIhout Owner's pnOf 'lIITInm con,enl, aller or rekey any locks 10 Ihe premises. At all urnes Owner or O..ner's alent shall be prOVided _nh by or bys capatole of unlocking all such locks and Illnlng entry Tenants further agree to nouFy landlord Ir lbey Install any burslar alarm systems m. dudlnl Insl1ucllons on how to disarm It should Owner 10 request. IS H Tenants are assl,ned a parlun. space tn rhe parktnl area of Owner's real property, Tenants shall use such space nclusiYdy ror ....II:IAI or oJlrfllble rassenler automobiles. not rat ..ashln' or repal1 or such vchldes Tenants shall nol park. not allo.. In)' other ~liWi.i, to park In any olher spact:. In such parkin, am. Tenants shall nCI IS5IIf1 or sublet parkma or Ilorqe space. if any. 16 Absent ,"Ienllonal arts or gross nqhl!mce. Tenanls. the1f IUestS andlor hce1lSee:5, shall not hold Owner lIable for damq:a to penon or 1lJ('1~n\ from :In\ sourC'r wh:lte\et. but Inslead. shall seek recompense only from then respective Insuranct: Clrtlers, or from others who mav be m\ol\ed Tenanls and Tenants' msurer shall Indemnlry and hold O....ner free and harmless from any such claims by Tenants, thell ,ueslS and lor h~n\l!l!s 17 II the Ov.ner mUSI varale the premises for JlCSI r1r vermin tontrol. Tmann 'I1ee to lemporarlly vacale tbe prenllses. as requaled. for that l'cnoo ner"sar\ 10 complete Ihe ruml,allon Tenanu alree to comply ....'th .lIlnstrucuons and requl1emmu of tbe ramllallOft company In relard 10 Ihe preparallon of the prenll,es al no C"tpel1st! to the Ownel Such preparauon shalltnclude bUI nOI be Itmlltd 10 blam, of rood and olher pemhables I R If any le(lal :If:llon or proceedmg be broulht b} either part} 10 enfor~ any part or IhlS A,reernenl. the prnruhna pany shall recover, In addlllOn to all Olher rehd, reasonable COSlS, mcludmglttorney's rees. whether Dr not Che action fIl'oeeeds to Judamenc. 19 All adduJ('ln5 and all pl,e! auac:hed her~o and SIgned bv Owner and Tenants 'I\'hlcb mal conI aliI the apanmenl Inventory, credit infor- m....llon. house rule~, Icxkcr and J":lrkm!! a~\I!!nmcn15. and, or pefllnent Informallon conformln. to Owner's policy. ..hen Included. rorm an ,"Ie!!ml I"Irl of thiS A!!reemeDl. and upOn slgmng. Ihe Tenanu endone the ract that they have read the Alreanmt m its entnt)' and bllve rec:elyed a rop' Ihereof 20 Tim ll!;l'C con'''IUI" Ihe enure a!!reemml bcll"rrn Ihe panles Therc are no representatlOfts notl!3lJlfl!Ssed hft'eln. 0- 'Ilel', bOWe'\'er. reseI'\ICS the nglll. and Tenam, a!,!ree to e~lend rl!!hl to Owner, to make reasonable rules and relulallons In adduion to the p ami coYCnantS and rula ....hleh. In Ihe O\\ncr's Jud,mml. ml\ become necessary 21 O"ncT ,h311111 no \\a\ be liable If. thrnu!!h no faull of Owner. Ihe prl!llllsl!S cannot bt' dehvered upon eommmct:ment date. In this ncnl, tht' 1 CI13n15' rent shall abale unlIt said JlOsseSSlon IS 'Iven Dr made Ivallable. 22 Ten;tOl~ are llr:lOled n1' nghl to use or mler InlO 8n'o' space or .rcas rented 10 other tmanlS indiVidually Wlthoul thrir andlor the Owner's con'cnt nCr 311\ part of Slue prcm"'" nOI de\lr:nllcd for h" use. Im;ludmr: b, ....av of cllam"le and nOI by way or IImnanon the roor, crawl ~r:Jces. parl1l1~ 'l'ace~. 510r3!!e 5pa~e'. etc 23 In 111< C'CIl1 Terulnl~ Inlend 10 \aCale Ihe Ilrem1\e, on t!"lplr:lllon or the term. they must II" thc Owner al least thirty C]D) days "rlum n,'II.e of \lILh It'rmmallon. olher\\lse suc:h tmanc\ shall aUlomallCllly become a month.ro-month lenancy upon the Arne tams and con' d.1 rnn' c"lpre"l'd herem O"ner ma) r:,ve Tenlnt\ at leasl thHl~ (30) days .....rtttm nOll~ that O..ner ....I not allow Tenanll 10 remain on a mOOlI'Ho.monlh baSIS upon Ihe nplrlllon of thiS lerm 24 Ea,'h ~Ild .'III rrt'W,slons her<<>r shall be bind,", upon and Inure ro the benefil of rhe hl:frs, clIltc'lIlors, admlnlsrrarors, rvc:cesscm:, or USIJII' ees of 0.... ner, and I he heirs. e"lI!Cutors, and admInIStrators of T tnllnts 2~ "(h\ner' mdmle<< O"ner and M.maler. Alieni or Emrlovrr, aelm!! a. mlnaler penonnel, and "Tenants" IDclude all persons desllnated as sU4:'h. or as OcCUPllll In Ihls Allteement. 'l\lIhout respert to number or lender 26 The CJ"-'~ of the premIses 15 0" ner or manaller ~ e. d ~ I+.......""')C ~ ""~ i Cj p.G %'X q,.,,, .t ~ P {2... C f\ c:r o1,...qs N,\'1E ADDRESS \!vhen onh the name or a Manaler or Alent 15 I!l\en. thiS .,efson IS authonltd to accept le,al serVlc on behaU or tM Owner. 27 Olher Ilro\ ISlons (If none. Wfnc "None") IN WITNESS WHEREOF. the parties have e'l[ecuted this Agreement on the day, month and year first above written. rI~ ~ OWNER TENANT ~/- 1\ PTJlnp 17FFl "rPR F'5F"JT 'T!VE TENANT (j) APARTMENT No. J../fY- STANDARD LEASE THIS LEASE is entered into this ~ JU: day of Ot..f-ob.e1... 19 ~. by and between ...,- e ~ R....""\As~:;.. ~ t:A~ I~ '1."'\ Y ~...".. ') ~ '-'- 'I . hereinafter calles "Owner! Agcot.' and f:ot Y\ lr....... ""'" Y Y \).. \ , ~...> . heremafter called "Tenant". IN CONS IDE RA nON of the pa~l1lent of rent and subject to the ,.;iu'5 and conditions below, the Owner rents to the 41<"" per month, each installment due and payable an advance on the Tenant. and rhe Tenant hires from the Owner, for residential use only, the premIses known as Apanment at Ic;"1 S;.. VI Y I L fl LA-\o-t 8 IV' A. . CaJjfornia. for the term of t~ 'Y~'L commencing on the , 'iJ: day of O~ , 19 ~ , at the rental of~ ~'M(h...,f'~'~~~rs ($ 1o.f~1...l ) ~ I -- day of each and every month dunng said DotJars ($ - ) has been re- term If the first month's rental is adjusted, the rental sum of ceJved b} Owner for the penod of to THE TENANT FURTHER AGREES AS FOLLOWS: \\ II nllUl 0", nrr s pnor wrllten consem. lhe premises shall be occupied only b) Ihe undersllnrd Idulls and children 2 If TenanlS fall 10 pa\ the renl In full "'lIhln two davs aher 11 IS due. Tenants shall pay Owner a late chlFle of S"::::- . plus S _ _ for each addmonal da) Utal the rent continues to be unpaid The tot.lllle dllrles for any Olle month shall DOl ac:eed S B} thIS prO\ISIOn, O\\ner does nOI 'IIoal\e the nJht to InSISI on paymenl of the ttnlln full on thr day It is due. 3 In the e\elll an\ check of:cled b~ Tenanu. or ellher of lhem. to Owner In payment of rent or any other Imounl due under thIS Apeemenl IS rrlurned for lack of suffiCient funds or a closed or none:ustant .('('Qunl. Tenants shall pay to Owner I c:b<<k.rrlum mar,e In the amou."t of S - 4 ""llhoUI O"'nrr 5 flrlor WIIllen consenl no bird or 2nlmal shall be kept or allowed In or Ibout Slid premises. S ""Uhout O"'ner"s prior "'rllten comem. no \\luerbeds or liqUid filled furnllure shall ~ allowed an or about SlId prenuse5. Tmanu shall nOI v,olale an\' !o\ernmenlal la..... In the use of Jlremlsrs, permll wasle or nUlllnce. annoy. molesl. Or interfere willi Iny other tmant or nellll. bor Tenanls shall obev and romrl~ 'iIollh all housr rules. If any. as anached hereto as pip I . . and Incorporucd into thiS Alreement thereb) 6 E"(cepI as ma\ be Jlrovlded by law. no repalJS. d~rauons OJ alteranons shall be done wtthout Owner's pnor wnnen aInRnt. Decor- auon Includes bUI IS nOl hmlled 10 palnunl. "allpapenn&. hanlin, of celhnl lamps or posters 7 In the e\enl that Ihe Tenanl5 shall abandon the rreml5e$. Ihe Lease conllnues In efftel so Ion. as the Owner does not termln.le the Ten- anl~ f1l!hr 10 rossesslon. lInd the O\\nel ma) enforce all of hiS fllhu and remedies under the Lease. Ineludlnlthe natll to recover the renl as II becomes due under the L~ The Tenams ma) nOI sub-lei tile properly or asslln tbetr mterest In the Lasr 8 In the event Ihr Tenants breach the Lease and abandon the property before the end of Ille term. or If TenlnlS' nlhl to possession is term- 1D3ted b\ Owner because of " breach of Lease. Owner may recover the amounu sel fOrlll In Parar:raph 19512 of the Civil Code. Indudln, Ihe ,,"orlh at the lime of Jud,mrnt or award of the amount by whICh the unpaid Tmt for the balance of tht term. .fler the time of the "\\3rd, nc:eeds the .moum of such renlallon for tll~ samc period Ihat the Tenanl proves could ~ Tcuonably aVOIded. 9 Tenanu have inspeCted the premIses. furnlShln,s Ind rqulpmenl. if .applicable. Ind havt found the same to be IIlIsfar:tory AD plumbin,. heal1n!! and elrcUlcal ar~ oprrall.e, and furnnurc. If any, as In''cntoned and IU3clled herelo as pare . has likewise baD in- spected and IS deemed sansfal:lory b) Tenants 10 To keep thr premises clean, samtaf). Ind In lcod order and repair dunnl the term of thIS tenancy, and to surrender the ume in like eon- dltlon Cllclullve of ordinary wear and trar II To "a\ for all uulllln. lnylCtS Ind charln. if .aD), made by or predicated upon oc:c:upancy of resIdence except as follows: ev-Ji ~ ........ hp ,......J ~~ ~~~ t.N Il...i-e fL 12 The \IndrrSlllnrd Tell:r.n1S. whether or lIot In actual posscsslon of Ihc premiSes, Ire )Otndy .and StYftally bable for III rent mcu"cd dllnltJ the term of thiS A,reement, and for III dlmllles to .he prCT1U!leS auscd or permitted by Tenlnu. theIr ,unu Ind InVllftS. ;: -I Ar.\nT'fF'....Y ,\~....O("I,\nO' GnF:ATF'n IO~ ASGELES Form No I' Itevned ,," '2)01) ~ 13 S __ as !leCUrII) has been deposited OwfIer may use therefrom such amounts as are reasonably necessaJ')' 10 ranedy Tma'\ls def::mll In the pa)ment of rmt. to repair damq~ rei Ihe ~1SeS callftd by the Tenants. thar ,uens or m\'nea ncIUSIYe of orcbn&f)' Vonr and lear. or 10 dean the PU'IIIIKS If n<<usary UllOn temnnaUon of the tenancy. No later than two (2) weeks .her temllnallon of ten- ancy. Ihe O"ner shall fUrnish Tenants Wllh an itemized wnUm statement of lhe bam for, ud the amount of. any secunly received and lhe dls"mll1on of such KeU",)' and shall return In)' rEmalnln1 ponion of IUCh *urllY to Tenants at Tcnanu' last known address. 14 Tenanls a~r~ Ihat Owner or Owner's Ilenu may enler the prennleS tn the e'Yftn of an emrr,ency. or to make repain or Improvements. ~ul'l'l~ a~rttd services. Of e'lhlbll Ihe premises to prospective purchlsers or tmanu EJlccpt 1ft case of emer,mcy, Owner shall JlVC Tenants re:r'on:rble nOllce of Inu:nl to enler In order 10 flcllnate Owner's n,ht of accas. Tmlnts shall not. wllhout Owner's pnor wnnm eon~enl. alter or relcey an\' locks to Ihe premlus At all umes Owner or Owner's alent sharr ~ provided w,d, key or keys capa"le of unloclllng 1.11 sllch locks and lIalntng enlry TenanlS hrnher Ilree 10 nonfy landlord If they mstall any bu1'llar alarm systems m. c1udlnr. InSfruCIIOnS on how 10 disarm 11 should Owner 10 request 15 If Tmanls are assigned a parkml spate In the lJ&rklng area. of Owner's rul property, Tenants shall use such space nelusively for .-ricin, of operable rassetllft automobiles, not (or washln, Of repal' of such "dlldes. Tmanls shall nor park. nor allow any other perslHl, to part In Iny other space, In such parklnl lorn Tenanu shall not assllll or subler parlnnl Or llorqe1JlUe, if Afty. 16 Absent '"tmllonal acts or .ross neghllence, Tenants. thelT aunts and/or licensees, shill not hold Owner hable for dam&JC$ 10 pason or propen\ hom am souree whatc\cr, bUI Instead, shall setk recompense only from Ihen respecuYt' Insurance earners, or from others wbo m3\' be lR\oh~ Ten3R1s and Tenants' Insurer sh:rll IRd~mRlry and hold o.ner free and harmless from any such claims by Tenancs, Ihelt r.ueslS and 'or hcen\~s 17 If Ihe O...ner mUSI vacatt the premises for peSI or vermin conlro], TenanlS a,tee to tem1'Or.rily vacate lhe premISeS, u ~Ul!Stec!. for lhal pellod neee\sar\ 10 complcte Ihe fumlr.31J0n Tenants ar.r~ 10 comply lIl"lth all Instructions and ~ulremerus of the fumlptlon company In regard 10 Ihe prrparllllofl 0' thc premne5 al no c~ptns~ 10 thc O"'nrr Such preparation shall mdvde bUI not be limned 10 baU'''' of food and olher ~lshable5 III If any Icpa! lIellon or ploceec:l!ng be brour.hl b~ either pari) 10 enforce In)' part of thiS Aareernent. the ","aihnl part)' shall recovcr, ID addl110n In all olher reher, reasonable COSt5, Includmg attorney's fees, whether or not the action f1roc:ecds to judlrnctll 19 All addulClIIS :lnd:lll f'agtS attached herelo and Signed bv O...ntr and Tmlflts which mI.}' contain the apanmatt mvenrory, Cftdit iDfor- mJtlQn, haute rul~, locker and parkin!! a\\lr.nm~nts_ and or !'Crunenl Information conformlnl to Owner's pohc~, when Included. form .n 1II1~!Ir;\1 f'3n of lhl~ Ar.reem~m, and upon S1~mn~ Ihe Tenanu endorse lhe fact that they have read the AJrremenllh ItS entirety bel hlt~ lecel~cd a COr\ thereof 20 TI,,~ Lea.e ~OI1'IIIUlt"< Ihc enllre al!'retm~nt bel..een Ihc parlles There are no representallons nOI expressed herern Owner, however, resrrva the T1~hl. :rnd Tenant. a~ree IQ e"llend n~hl 10 Owner. 10 make reasonable rules and re!uhllllDnS In &debuon to the presenl mvenanu aIId rules \\ hi L h. 1M I he 0\\ ncr S }udr.mem, ma \ ~come neceS5aI\' 2\ O...ner ,hall III no \\a\ br hablc If. throu!!h no fault of O\\ner, the prermses cannot be delivered upon ~mmencement clale. In this event, Ih~ 1 cl13nrs' renl sh:lll abale unlll SlId possessIOn IS 'l\el1 or made available 22 Tenanl' are f!rilnled nl' IJl!'ht 10 USC or enler 11I10 any s!)au or areas renled to other l~nlnlS IndiVidually W1thoUI (hetr .nd/or the Ow11er's l""<'I'~11I n,H 1111' I'arl of satd prrml'l"' no. de"~naled for h" usc, 1nclud1n~ b~ ",..", of example and 1t01 by WI)' of IImll.non the roof, g"iSwl ~r:ree5 rarlHl~ 'race., slora!!!e !pa~e!, elc 23 In \h~ eH'1I1 Tenant< ,"Itlld 10 ~ae:rle the preml\e< on e"lp1raIlOn of Ihe term. lhe) must 11\1: the Owner al least thllt)' (30) days wrlllen n"lIcr nf such termmalton Olltcr\\l!r such lenane\ shall aUlomallcalh' breome a month.la.monlh leniSncy upon the same terms and con- dlllCln< e'lf're..rd herem O..ner ma} JI",e T~nanl' at le:lS\ Ihlll\ (JO} days Wlmen nOllce Ihat Owner will not IlIow Tl!IIIIRts to remalll on a mC'nth lo-mnnrh basl< upon Ihe e"lp'rallon of thlS lelm 24 E:rdl :rnd :r1l l"rf'VlSlons hereor shall be bmdm, upon and mure to the benefit of Ihe hellS. executors. administrators. successors, or aUI,n- ees of 0... n...r , and the heIrs. neCUIOrs, and administrators or TenanlS 2~ "O\\ner' II1dude' O...ner and :"Ianar.er, Al!'enl at Emrlavee, aCllnr. 3< manager personnel. and "Tenanls" mclude all persons dCSllltlted .s su,h or as Oe.:upal1l lit lIus Ar.reentenl. "tlhout respecl to numbcI or lender 26 The ~ of the prer1uses IS 0'" ner or manager c(e..t.:~ ~~ _J ffw,1'1..J' ~':I)"\I~ p 0 -f>/r q ~-~t fI1-P.p.. c~ qe: 'J..S.fS N,\ 'IE ADDRESS \\ hen onh Ihc name of a Manar.er or Agenl 15 't\en, rhls penon IS authotlzed to accepl lelll mVlc on behalf of the Owner, 27 Otlter pro'lSIons (lr none. wme "None") IN WITNESS WHEREOF. the parties have e"(ecuted this Agreeme[lt on the day, month and year...first above written. ~~J. ~ G-A&:f/JIJ --ilJ4A.~....... JI..-L OWNER v.......T~...-.........::::. /I, ITTHnp J7FI' r>rpRF'5F"JT \ T!VF. TEN^~T (I STANDARD LEASE APARTMENT No. i1&- I~ 5' f--e b THIS LEASE is entered into this day of e f1 """' '"'"L 19 gg by and between 1'""-e ~ ~o\oo\~)lU pt...J.. ~"1."\ t R~ S'5~ . hereinafter calles a'Owner/A,ent" and T c ,,""' l- S' + ""t, ~ e . hereinafter called "Tenant". IN CONSlDERA TION Dr the pa)ment of rent and subject to the ltuu~ and conditions below, the Owner rents to the Tenant. and the Tenant hues from the Owner, for residential use only, the premises known as Apanmenr ~ c;.. , at , '7J S...."" V, ~..., ~ '?, \y~ ~.n.,. . California, for the term of ".... f YI1 a.~ , commencing on the I r:;:- day of ';e rH-"...... \,.~'- ,19 ~ 3 . at the rental o~lJ~ttdw..l.. =~~~e.\I~lIars ($ p9'1~) j~ day of each and every month dwing said Dollars ($ ) has been re. per month. each installment due and payable in advance Db the term If the first month's rental is adjusted. the rental sum of ceived bJ Owner for the period of 10 THE TENANT FURTHER AGREES AS FOLLOWS: WllhOUI O""n~r"s pnor Wflu~n consent. lhe premises shall be OC:CUPfed only b) the undeRlined .du1ls .nd - chtldml. 2 H Tenants fall 10 pa) th~ ren. In full -lIh," two dus afler it IS due, Tenants shall pay Owner . lale charle of S_ ._ . plus S _ _ for each addmonal da) thai lhe rent conunues 10 be unpaid The total late chlrles for .ny one month sball nol ac:eed 5 B) Ihls prollSlon, Owner d~s nOI "'live the rlsht to mSlSI on payment of the mil in full on the day it is due. 3 In Ih~ enlll an\ check oftered b\ Tenants, or ell her of lhem. to Owner In payment of mil or .ny other .mounl due ullder thIS Alreanent IS returned for lack of suffiCient fund~ or a dosed or nonelllSllnl Icc:ounl. Tenanu shall pay to Owner a check-return eh_Ie In the amount of 5 4 """hOUl O....ner's pnor wrnlen consenl no bud or animal shall be kepI or allowed In Dr aboUl said prem15e5. 5 V,lIhOUI ()v.n~r's prior ""nll~n c:onsnll. no walerbeds or liqUid filled furnnure shall be a1lowtd tn or .boUl Aid prnnau. Tenlnts ....11 nOl vlollle any I!overnmenlal law In Ihe use of premises, pemut WISle Or nUisance. Innoy. molest. Of Interfere with .ny other tmlnl or ne1lh- bor TmanlS shall obey Ind comph "'nh III house rules. If .ny. IS luached hereto as 'Iae , , . .nd lDtDrporaIed into thIS Alreemenl lhereb)' 6 Excepl as may be prOVided bv law, no repairS, decorations or Illeratlons shaJJ be done without Owner's JIf10r -mten CDIIRItt Decor. IlIon Includes bUI IS nOI hmlled 10 palnnn., wallpapenna. hanllD& of cedml1amps or posters 7 In Ihe ~~nl that Ih~ TenanlS shill abandon the rr~mues. the Lase r:onunues m effec1 10 lonl as the Owner does nOI termill.te the Ten- ant~ nlhl 10 posseSSion, and the O"'"er ml) enforce all of his ",hu Ind remcches under the Lease. Includlnl the nlht to recover the rent IS II becomes due under lhe Lease The Tenanls IQY not sub-let the propeny or USl,n their lD1eI'eSI In me l.eMe. 8 In lhe event Ihe Tenants bruch the Lease Ind abandon the proptTly before the end of the term. or if Tenants' f1lht to JIOSSflSlon IS term- Inated b\ Own~r because of :I. br~ach of lease. Owner mly recover the amounts set (orth In P.r.,raph 1951.1 of the Civil Code. Inc:ludlnl the lJIoorth at the lime of Jud,ment or .ward of the amount by _hlch the unlllld rent for the balance of the term. .fter the lime of the .....ard. ncceds the amounl of such fenlal loss for the same penod that the Tenanl proves could be reason.bly .VOIded 9 Tenants ha\'e Inspected the premises. furnlShlnlS and equlpmenl. if applicable. and ha"e fOlllld the sanae to be Ansrado", All plumbina. healm, and eJecwcal ar~ ~'auu~. and furnnuTe, if any. IS rnvenror.cd and .uached Itntto u pap . hu Itk-u. heen m. specled and IS deemed SlnsfilCIOry b)' Tenanrs 10 To keep the premIses clean, sannaT), and In aood order Ind repair dunDl .he term of thIS lenIIney. .nd 10 sunender lhe same in like c0n- dition exclUSive of ordinary wear and tear. II TO' pav for III uuhun. serVIces .nd charles. if .n). made by or predicated upon oc:cupaney of rftldmce ftcept IS follows t.V\o'l b. ~ te- b~ ". ~ ,'6 'l, )' ~ -.. ~ ..t.....J.. w~ 12 The undersl,ned TenaJllS, whether or nOl In .ctual possession of the premiSes, are jOtntly Ind severally "Ible for all renl mc:urred durin, the term of lhls Alreemtnt. and for all damales to the preftllses caused or permllled by Tenanu, their ,ueslS .nd In"l1ee1. A f' \ RT'1F'''''T ,\....0('1.\ TIO' cn F.A TF.R lOS A ""CELES F_ ND 16 l"'-d '116 ,.., U1J .--- J) S m seaml) ha$ been ~slled Owner may use therefrom such amounts as are reuonably necasary to ranedy Tmanls'defa"ll In !he pa)..".enl of renl.lO repair dama,es 10 Ihe prcmucs caused by the Tenants, then .unu or mmftS ad\lllve Df Otdanary "~r and U2r. Of to clean the premises Jf necessary upon lenrnnalion of the tmancy No later than twv (2) Wftks after tenmnauon of tm- anC)'. t~ O\\ner shall furnish Tenants with an Ilenuzed wnuen statement of the basiS for, and the amount of. any ll:alrity recetved and the dlsposlllon of such Kcuney and shall return any retnalnlnl ponlon of l1Ieb leCumy to Tenants at Tenants' last known ~"I$J 14 Ten::,"ls a,r~ th31 Owner ar Owner's agents may enter the premur! m the ",enl of an emer,eney, Of ta make repaJn or Improvements. o;urrl\ 3Ire~.: servu:es. or exhtbll the premIses to plosprcl1we purchase-s or tenants uc:cpt 11'\ case of eMu.eft9. Owner shall 'lYe 'tenants re:t~onahle 'lee or Inlenl to enter In order to facdltate Owne' I n,hl or aceess. Tenants shall not. Without Owner's pnor wnnen ('on~enl, a, or rekey an... locks t(' 'he prmuses AI all Inr:. Owner or Owner's agmt sharr be provided .uh key or teys capa"le or u' ,ackmg an such locks and p.mml entry Tenanls further a,ret to noufy landlord If they Install any burllar aiarm syslems Ul- tllulln, mstrucllons on how to disarm It should Own~ so request. IS If Tenants Ire asSl,ned a parking space m the parking area of Owner's real property. Tenanls shall use such space nclusively for pukinl of opnable 1'3SSCftler aUlomo!>>ln. nOI for wehm. or repair of $uch vehicles. 'tenants sball not pari.. nor allow any other person. 10 park In a"~ other space. In such parkmg a~a Tman15 shall not I5S1J11 or sublet parklnl or storaae ~~+ if any. 16 Absent inll:nllonal letS or gross nelhlence, Tenanls. Ihelr BUests and/or bc:ensel:5, shill not hold Owner liable for damqa 10 person or Ilroperl~ fronl am sour<< wh:lle...er, bUI milead. shall seek rrcomptnse only from their respective msurance earners, or from others who m3~ be Jn~oh~ Ten:!nlS and Tenanu' Insurer shall mdemnlfy Ind hold ~ner free and hannlns from any such cbums by Tenanrs, Ihelr guesls andlor heeno;tts 17 If the ()vonrr mUSI Ylcate Ihe prmnses for peSI (Or yermln control. Tenan15 altee to temporanly vacale the premlSCS, as requested. for thai re'r1od meessa" to c:omplele the fumlg:ltJon Tenanls a,r~ 10 comply 1lI1th III IDSlrucllonS and requiremenll of lhe fUMlpuon company In retard ro .~ prqrlrallOn of the preml~ts II no e1[pense to the O\lller. Such preparatIon shall llIc1ude but not be limited to bauln, of food and Olher perishables 1t! If an) lelia' aCllon or proeeedmg be broullhl b) ellher part) 10 enforce any pari of lhls Aareement, the prevaill", pany shall recover, m addlllnn 10 all Other n:lief, reasonable COSIS. mcludmg llllornev's fres. .hether or not the action rroceuls 10 JudJment. 19 All addll1(1I1S. :md all T'a~~ anached hereto and Signed bv ~ner and Tenanls ....hle molllan. hou~e rule'. loc;ker and rnrkln! a~~I~nmenu. and or perlment mformallon c ml!~~ral f1arl of lhl~ A(!reemenl. and upon sll!nml!. the Tenanl~ endorse the fact tha: reten ~d a to{'\ .hereof mal conlaJn the apanment mvenlory, credit infor- orm1lllto Owner's pohn. ....hen ,"eluded, form an 'ey have read the A,reement m us enttrety and have 20 T111~ le::t~ con~lIlu'e' h~ enllre al!!r~ment bel\\~n the p:lrtles There are no representallons nol nprased heretn Owner, however. reserves the rl!;lll. and Tenan!' IIp-e 10 e'ltend rr!!hl to Owner. to makr reasonable rules and reguhmons In addlllon to the praenl ~s and rules "hu:h. In Iht O\\n~r s Judgm~nl. ma\ become necessary 21 O"'ner ~h:tll III no \\1\ ~ hlbl~ If. thrnull" no fault of Owner, th~ premises cannol be delivered UJlOn mmmencernenl date In Ihis e'VCIIt, Ihe Tc;n;lnIS renl shall abalr unlll Slid possession IS II\en or made available 22 Ten;'lnl~ are !!rilnttd no fll!hl 10 use or tnler 1010 anv spacr or areas renled 10 olher lenants indIVidually without thetr and/or I"e Owner's ("'n~rnl nor :111\ rart of 531d "reml~C~ nOI deo;ll!naled (or h.. use mcludml! bv _av of examJlle and not by ....y of IImltallon the roar. era",,1 o;T"lee~. flal ~ 1Il!; 'race'. storage spacrs. ete 23 In Iht' e\elll Tellanl~ ,"Irnd 10 \I('31e Ihe flreml~e~ on e'lplr:lIIon cor the term. the... mUSI II\e the Owner II lean thirty (30) days written nl'IILe of ~lId, lermmallon olher\\lse such lenanc\ sh:tll aUlOmallealt~ become a month.to-monlh lenancy upon the ..me lerms and con. dill""' ~~f1rr"ed herein 0... ner ma) Illye Tenanu al leaSI lhlrt} 130) days wrlllen nou<< Ihat Owner will not IlIow Tenanll 10 remain on a momh.to.monlh b;J~IS upon thr e'lplrallOn of thiS lerm 24 E3.:tl and all prOVISions hereof shall be bmdmJ upon and mure to Ihe benelit of Ihe heirs. executors, admlnl5lralors, succesSOl'5, or a5llln. etS of 0", ner. and r he hrlrs, e'l:eCUlon. and administrators of T enanlS 2~ ..O....n~r.. IIIdmJe~ O"nc:r and 'Iana(lc:r. ^~l'nl or Emrlo,",ee, aetlnt! a~ managl'r personnel. and "Tenanls" Include all penons desJlnaled as ~uch or a\ OCeUf1alll In tlm A(lreemenl. "llhOUI respecl 10 number or lender CJ..,.,r ~ 26 The or tile prmllscs IS O"nrr or manalet 'I.e.. ~ d~ t+.t"1'\")l ~\~ p.o f,<l;X Df?S 6 }C.1. {) (L t.P- 'I (J"2 ?;; NA'IE ADDRESS "hen onh Ihe name of a Mana,er or Alenl IS II\en, IhlS person IS authonzed to a<<ep. leaal SeTVIC em behalf of the ()vmer 27 Olher pro\tSlons (If none. wtlle "None") IN WITNESS WHEREOF, the parties have e"(ecuted this Agreement on the j1ay. month and year first above written. rGe..J. ~~ W^,,-^-:?f LJ:C:k ~ OWNER ifENANT r ( - "1."1 . .... .oJ ~ --..- ~ I\IITnnPI7rF\ J"'rPRF~F'\IT'TIVF.. TENANT QD STANDARD LEASE APARTMENT No. /,fA ~ J - ~'L1' H'..... ), ....~ 9/ THIS LEASE is entered into this day of 19 by and between ..,... e c.. .Q.......OA.. s s O,j CO'"" b iktJ.." , y ~.".. ~ Jl,.J thereinafter c:aJles "Owner I Alent to and So c;",,? h,e '\I \l. ~ I .Q '"5 , hereinafter called "Tenant". IN CONSJDERA TION of the pa)ment of rent and subject to the terms and condJ.tions below, the Owner rents to the Tenant. and the Tenanl hues from the Owner, for resldenual use only. the premises known as Apartmenr 4 A at ''7"') S-.....'iooI VI (...€ M. ~ ~ h, ~ ,"" . Cali forma, for the term of .....-vI ~ )' e i\.. ~ commencing on the ~ ').e 'II ~ ). 4. '1.., ~ .~t' AA...".j.w.J. e.-..A..w-c'Yr-" '71;1,",1.2.- , - day of _ . . 19 ~ _ , at the rental or 1- r DoUars ($,p\" ) per month. each Installment due and pa}'able In advance on the -'-~ day of each and ever)' month during said term If the first month's rental is adjusted, the rental sum of . ~ Dollars ($ ) has been re- celved b) Owner (or the period of 10 THE TENANT FURTHER AGREES AS FOLLOWS: \\lIhou! O...ner's pnor '"'rluen consem. Ihr premises shall be OCCUpied onl) b}' lhe unctersiln~ adults and children 2 Ir TenanlS fa I] 10 pa\ the renl In rull "Iuhln 1"'0 da\"S aher illS due, Tenants shall pay Owner a laiC charae of S~ . plus S _ _ fot ~arh .ddJlJonaJ da} that the renl ronl1nurs to be unpaid. The lorlllate wries for an" one month shall not aceed S B) Ihls I'rO\U1on. O"lner does nOI "11"e the nlhtto InSISI on paymenl or thr "nlln rull on the da" h II due. 3 In the even! am ched of.cled b\ TenanlS. or ellhrr of them. to Owner In plymenl of renl or any other amounl dllr under Ihls Apftmmt IS relurned for lark of suffiCient funds or a elond or nonulstant Iccounl. Tenants shall ply to o-ner a meck.mu,n charJl! In the amount of S - 4 \\llhoUJ a"nrr s pnor "ItJllrn ronsrnt no bJ1d or ammal shall br krpl or III owed m or aboul sauS pretium. 5 \\llhoUI O..nel'S pnor "rlllcn conscnl. no ...alcrbeds or hquld filled furDllure shall be allowed In or aboUI saId prennleS Tenants shill not vlOlalr an... 1!0vernmeDlal II"" In the US~ of premises. ~rmll ""ISle or nUISance, annoy, molest. or Interfere with any Olher tenant or Mllh- bor TenanlS shall obey Ind comph "lIh all house rules. ir any. as Ittached hereto III pale . . , and incorporated into ~his Agreemenl therrby 6 Except as ma\ br flrO\ Ided bv Ilw. no reJIarrs. decorations or alterations shall be done WIthout Owner's pnor wnnen CGftSmt. Decor. IlIon u\dudes but IS nOI hmlled to palnlln,. \ltallpaperrna. hanllnl of eedlnllamps Of posters 7 In Ille e\en! Ihal the Tenanls shall abandon the rremlSes. Ihe Leasr continues In rfrect so lonl as the Owner does not tennin'le thr Ten- ani ~ nlh! 10 possession. and the O...nrr ml) enforce all or hiS "Ihts and rrmedles under the Lease. Ifteludml the ",hl to t'ftOve1' the nnt as II b<<om~~ du~ under th~ uase The Tenanls ma) not sub-lrt the propeny or asslln thetr Interest In the t._~_ 8 In lhe rvenl Ihe Trnanls breach the tease and abandon the profll!rty berofr Ihr end of Ihe terltl, or if Tenants' ri,hl to possession is term- Inated b\ Owner because of 3 breach of lease, Owner may reco\'er the amountS Sel ronh In Par.,r.ph 1951.2 of the Civil Code. indudu'l Ihc ,"orlh It the lime of }udlmenl or a...ard or the amounl by whICh the unpaid rent ror Ihr balance of the term, .fter the ume or the a...:ud. c",c<<ds the amount of such renlalloss for the same penod that the Tenant proyes could be reasonably aVOIded. 9 Ten.lllS ha.e Insp<<red 1M ptetnlSts. futnllhm,s and equ.pmenr. I' appltalbk, and ha~ found the ..me to be UllSfldtJt1. AlJ plumbin,. hUhng a.nd eleclrlc:rl are oprralt\c. and furniture. If an). IS Inverlloned and alla.ched he,eto as paae , has bk_1Ie been tn- spected and IS d<<med sallSrac:lory b) T en.nu 10 To krep lhe premnes dean. sannlr), and In ,ood order and repair dunn,lhe term of thiS tenancy, and to sunmdrr the same 1ft lib con- dlllon uclusl~e of ordinary ...rar and tear ~L 11 To fla, ror all ullhlles. senl<<s Ind charles. ir an). made by Of predicated upon OCC1Ip.ncy of rtsldencr excepl as rollows: u..v.. to- ~ K;..e """'1 ~ 'l? .., ~ ~ L. "'\ c' 12 The undrrsl,llrd Tenants. ",hrlner or not In Ictual possession of thr premIses. are iolntly and severally babk ror .11 "nt Incurred durin, thr lerlll of tnl5 "Irremmt. and for all damales to the premlse5 clusrd or permrned by Tenants, thear IUtsIS and InY1tets. ,.... -, . ~. .) ...... ..., Af' 'nT'fF....T ,\c:c:O("l"TIO.... CnF.ATTn LOll; A"iCELES fcmn No .6 llt\'lWd 5116 n s 6(., t - as sceunl} has been deposited Owner may usr therefrom sud! amoul\u as aR reasoubly necaary 10 mnedy T~nanlS' d~f:lllh In Ihe pa}'tnml of refll. to repair c1ama,es to the premISeS cawed by the Tenants. their ,ue5U or mYltce5 a:cIUStve of ordinary "ear and tear, or to clean Ihe premises If n<<CSSar) upon lemnnallou of the tCRant)'. No laler than two (2) weeks &fter temnn&Uon of ten- ancy. the O....ner shall furnIsh Tmanu wuh an lIemlzed wnllalllalanent of tile bastS for. and the wrnJunt of. any secunty 1'I!CeI~ and the dlspoSlllon of such Kcunty and shall return any remalnllll porlton of IUch aecurny to TenanlS .1 Tenants' Jut known address 14 TenanlS alree Ihal Owner or Owner's .genu may mler the pnI!1lse1 in the eveTII af an emrrlenC)', or to make repain or Improvements. ~uT"l'h 3t!r"d serVICes, or uhlbll lhe premises to pr05p<<lIve purehasers or lenanlS Eatept In case of cmerlmer. Owner shall '11Oe Tenants rea~onahle nOllce of Inlent to enler In order to facllnate O".,.,er's n,ht of lCCCS5. Tenants shall 1I0t, wllhout Owner's pnor wnnen I:on~enl. alter or rekey an\' locks to lhe I'rmll5es. Al all times Owner or Owner's alenl shall be l'fo\'lded wuh key or keys caplt-h: of unlocking III such locks and ,alnlnl mlfY Tenann funher a,ree to nOllfy Ia."\dlord .f they Install any bu'llar alarm IyStem5 m. cludtnt! InsHuCIIOftS on how 10 disarm 11 should Owner so request 15 If T enanlS Ire as5llned a "arluna space m the parkin, area of Owner's real property, Tenants shall use such space nduslvcl, fin parkIn, of o~rable "assenl~ aUlomoblles, I10t for washing or repalf or such vehiCles Tenants shall noc park. nor a110.. any other per1OII, to park In any other spa~, In such pubn, lrea Tenants shall nOI asslln or sublet PUkml or storqe SPB=. If any. 16 Absenl .nl",lIonll acu or Iross neahgen~, TenanlS. fhetr ,uesrs and/or licensees. shall not hold Owner 1,.bIe for dalUlres co person or p'Cll"t'rJ~ from an\ sour~ whalever, bul mstead, shall seek recompense only from thelf respecllYl.' InsuraR<< carn~s, Of from others who ma} be 1n\ol\w Tenanls and Tenanu' Insurer shall mdemmfy and hold O~ner free and harmless from an)' such claims by Tenanu, I hell (lueSIS and/or hcen,,:es l' If Ihe O....ner musI vacate the plemlses for peSI or \'enmn control. Tenants llree to temporarily vacate the prmllsa. as requesled, for thai f"~nod nece~saf} ro cemplne rhe fumlgallon Tenanls It!Tt\! 10 comply .1rh III UtSCfUCUOns and tequ,remmu of the lum"auon company 1ft rC(l3rd 10 the preparallon of the prennscs II no e'pcnse co the Ownn Such pt'eparanon shall Include but nol be limned to baUIRI of rood and orher perlsh:Jbles III If any le(lal ;JCIICln or procucllRtl be brou,ht b} either parJ~ 10 enforce any pan or (hIS Alreemml. Ihe prrvaillll' pany shall recover, 1ft addll10n 10 all olher rehef. reasonable COIlS. 1Rcluchnl allornev s fees, whrlhn Of not the acUon I"foeeeds to Jud,menl. 19 All addlllC'lIS. and all palles allach~d hrrrlo and signed b\' O"mer and Tm.nu _hlch mal' contain the aplnment invcnu,I'l', endn in fer- m.lllOn, hou~e rult<. I~ker and l'arklll(l a<~I(ln""cnls and or pertinent mformallon conform1R1 to Ownrr's poht"}, when IIlduded, form an mil:!! r:! I part of thiS Agreement. and upon SI(lhlT'(l. Ihe Tenanls endorse the facI that they have read Ihe A,reemenl1l'l Us CRUrety and have re~I"ed a cop' Ihereof 20 Tim lr.l<t .:on<\IIUle'~ Ihe enllrr a,rtemtnJ be1~Ctn Ihe' p:Jrlles. There are no fC'JlI'esrnUIIIOns nor e:l[prnsed beran. 0. Yr. ,,~. reserves the T1~II1. and Ten:ll1l< a!;rre 10 e"end n~hl 10 Ownrr. 10 make reasonable rules and rqulallons In addlllOfl to 1M pr.:smt covenanl$ and nile ....hlch. 1JI the O\\lIer s Judgmenl, ml\ become n~essar\ .:1] O\\neT <h311 111 no \\a\ be liable If. Ihrou(lh no fault of Owner, the prcmlses cannOI be dehvered upon c:ommmcement dale. In this eYml. Ihe lenanl5' rent shall abale untl] saId posse55lon IS 'l'"en or made I,'allable 22 Ten:'lnl~ are ,ranled nl'1 t1,hl 10 use cor enler 1Il10 anY space or areas reRled 10 olher tmlnu Indl\'ulually Wlthoul thnr and/or the Owner's enn'enl nor ;\11\ f\ar' of s:l1d "reml~e< not de~ll!nated for hl~ use. IIlcludll\g t-\ ....av of enmple and not by way cf IImltallon the roof. crawl <f':ICt's rar ~1I1i= <I'ace~. Slora(le spacrs. elc: 23 In the e\('l1I Tellilnl< IIllend to \aCale Ihe I'remt<e~ on e"lplrl1l10n of the lerm. thc) musl '1\1.' the Owner al I' ,thmy (30) days written n,'II,~ of ~lIch lermmallon. olher....lse such tenallC\ shall aUlomatlcally become a monlh-lo-month lenancy upon lhe same terms and con- dlll('\n~ e'l're<<ed h~rrlll O....ner ma} t!lye Tenanl~ al leasl Ihm\ (30) days WfIIlen nouce thai Owner Will nOI allow Ten.nlS (0 fflIIlln on a mC'n1h-lo-month baSIS upon Ihe e"lplfallon of IhlS term 2-l Each and all rrovlslons hrreof shall be bmdm, Ilpon and mUle to Ihe benelil of the helts. tJleC:Ulors, admlnlstralon, successors, or USI,n- tes of O\\nl'r. and the hellS, necutors, and admmlslralors of Tenants 2~ "O\\ner IIIdude< O\\ner and Managcr. Agent or Eml"lovCt, aClln, a< manager personnel, and "Tenanls" Include all persons dCSllnall!d as su!:h, or a~ Occupant 1ft Ihls A(lrcemenl. ~llhoUI respecl 10 number or Icnder 26 The ()W.'l1 eA....... of the prl!RIISl!S IS 0.... ner or mana(ler ~eJ Q...L.l.A. \ 'yl.,,::> ~ /+u. n.-)' ~..... ~ lP1 l' () B~ q'7..r t 1"? j)"(L CAqv'JJt5 N,\\IE ADDRESS V. t1t:n onl\ rhe name of . Manater or Agenl IS 'I\en. thiS prrson IS authonzed 10 accept lelal servlC on behalf Of the Owner. 27 Olher prO\lSlOns flf none, wrflr "None' ) IN WITNESS WHEREOF, the parties ha\t e'{ecutcd thiS Agrecrpent on the day, month and year first above wntten. (/....0:,{ ~~~ ~0 H-J...u ~:uL.r~ OWNER ",. I / TENANT ,,' , ~ . .J .l...... I ^ I rTnnp f7F 1\ r> rf>R Fc;Ft>.JT \ TI vE TENM':T Q!) STANDARD LEASE APARTMENT No. JK ..r THIS lEASE is entered into this fe-\. \;:;::; day of ~e.\:)"ll.olU."'LY 1990 by and between .... ~l. Q..O'l.4.'i~OSCO<.""" ~ ttO\."'l1)1 p;l.... ...,\)0.5 . hereinafter calles "Owner/AJen.tU and t:'e.I'J,-'l'l J oh")o'\s~ . hereinafter called "Tenantn. IN CONSlDERA TION of the payment of rent and subject to the terms and conditions below. the Owner Rnts to the 3)<" Tenant. and [he Tenanr hlIes from the Owner, for residential use only. the premises known as Apartment at 15"3 S 0..>'\ '1/ 1....e.M. ~ B)~ c!.. . Califorma. for the term of O~C.? e..u.'t. commencing on the + F u,,"," ....~.tlU -tuJO-4..ll' ? 2.,,h 1~ day or eh'tM.~-"ly ,19~O ,attherentalof /"'"Oollars($ ,U -) per month, each Installment due and }:layabIe in advance on the I '\.t. day of each and every month dunng said term. If the first month's rental is adjusted, the rental sum of Dollars ($ ) has been re- celVed b} OM-neT fOT the peT/od of to THE TENANT FURTHER AGREES AS FOLLOWS: ,.. "houl O"'ner"s pnor ....nll~n Con5ent. the premue5 shall M OCCUPIed only b)' the undefSaJMd adults and children. 2 Jf Trnants fll/llo pa Ine ren! In full ","hm ,wo dau aflff II /f duro TmanlJ shall pay 0wMt a laIe "'-"r or s--=: . pin S _ _ for nch additional da) lhal Ihe r~nt conllnues 10 be unpaid The lotal Jale charles for anyone month shall hot Peeed S B} thl5 pro\Jslon, O...ner does not wllve the n,hl to Insist On paymenl of the renl in full on the day it is due. 3 In .he evel11 an\ check Clf:c,ed b~ Tenanl5. or ellner of Ihem. to Owner In plyment of rent or any other amounl dur under thIS Ap'eemmt IS relUrned for lack of SUffiCICTlI funds or a dosed or nDnClCl51llnl .ccounl, Tenllnu shall pay to Owner. chrek-return char,e In the amount of S I f ~ 4 \\'Ihoul O...ner 5 pnor \rfrJtt~n consent nD blld or animal snlln ~ kept 01 .nowrd In or about Sl)d premises. S \\ IIhoUI O\loner'5 pnor \10 rlllen consent. no \Iollerbeds Dr liqUid fill~d furniture shall be allowed In or about uld prennSG. Tenants sh.n nOI lo'IOlale any Jovernm~nlal law In the use of premises, permn Wa5te or nUisance. annoy. molest. or Interfere With any other tenant or net,h. bor TenanlS shall obey and comph "'"h all house rules, If any, as luaehed herelo IS PIle, , . . and incorporated Into thn Alreemenl thereb)' 6 E"tcept as ma\ M rrovlded bv law, no ~rs. decorallons or a1ter.lIons shall be donr without Owner's pnor wntlm ...._..~ Dec:or- allon Includes bUI IS nOI hmlled to palnunl. wallpllpenna. hlnlllll of rrllllll lamps or posters 7 In Ih~ e\enl that the T~nanls shllll abandon th~ rremlses. the Lease eonllnu~s m effrcl 10 lona .f the Ownff does not terminate the Tm- anl~ nlhl 10 POSS~SSlon, and Ihe Q>o.ner ma) enforce all of hiS nlhts .nd remedlr5 under lh~ Lease. Indudllll the npl 10 rtCO\'ef' th~ rent as Jl becomes due under Ihe Leue Th~ Tenanls TnI} nOI sub-}fl the propeny or w,.n Ibelr rmeres! m tile Lase. 8 In lhe evrnl Ihe T~rlllnn breach Ihe Lease and abllndon the property brfore the md of the term. or if Ten.nls. rllht to possessIOn IS term- In:ll~d b\ Owner because of :I breach of Leasr, Oll/n~r may rrcover the amounlS sel forth In Par.Jraph 19.5].2 of the CIYII Code, Includln. Ihe \Ioonh 31 Ihl! lime of Judgment or .....lIrd of th~ amount by which the unpaid rmt ror the balance of the term. afler the lIme or the ....:Ird. nceed5 Ihe amount of sueh renlallDSs for the same penod that Ihe Tmant proves could ~ reasonably avotded. 9 T~nanlS ha~e insprt'Ied the premlSrs. furnishln.s aJld tqwpmrnl, If apphClbl~. Ind hll'le found the same to be utisf.~ory_ All plumb"", heallns and rleClTlcal ate ope:rlll1~e. and furnnurr. if IIny. as inventoried and :l1I3chrd hereto as pap , has hk_lse been in- S~Cltd Ind rs d<<med sandierOf)' try Ten.nu 10 To keep Ihe premlsrs clean. sanna1). and In loed order IInd r~1T dunnllhr Irrm of thIS tenanc)', and to surrender the urne UI like ton-- dlllon e,duSIYe or OIdJlW'}' ..ear .nd Inr. II To pav for .n ullllll~S. services and chatlrs. if an). made by or predlcalrd upon e<<up.ncy of rtslClmce ncept IS follows: pG..)I (.IJ~ ~ ~ ~ O~ 12 The undeTSl,ned Tm3nl5. whelher or nOI In .~ual possession of the premises. are JOInlly and severally II.ble for all fmt Incurred durinl the lrrm of thiS ",rcemmt, and ror all d.males to the premlus caused or IICT'mlllrd by Tenants, lhmr IUrsu and rn"'lteI. -.. . i , A1' ,nT'HF'"'T ,\~C;;n,J,\T'O' GRFATF'R 10"' ASGELES Form No la Il~ JII6 ~ 13 J 100 u secunlY has been deposited. Owner DIllY use therefrom such amounts as are reasonably necasary to fmIec1y Tmanl5 l'Id:llIllm the pI,menl of rml.to repair damaJes U'l Ihe prenuses QIIftCI by the Tmants.lhelr ,\JaU or m.,teaexdus!ftof ordinary ..ar and Inr, 01' 10 dean Ihe prmllsn Jf ;;;;;;Lisary upon lr;mnnallOll of &be tmanqo. No Ialer than tWO (2.) ~ks afler leml.lnau01l of len- ancy. the O....ner shall furnish Tenants ",uh an ltl!nllzed _nuen ItIltDIftIt of the basIS for. and the amounl of. any secunl)' recaftd and Ihe dlsf'OSlUon or such seeumy and shall rfturn any remamlnC ponlon 01 Juch sec:uruy lO Tmanu at Tcnanu' last known ~rcss, J' 1"m:mls a!r~ Ih:ll Owner or Owner's Igenl5 may enler the prtmlses in the evenl of an emtr,enc:y, Of to make reJlllrl Dr imJlrovanenu. sUT'ph agreed sen'lea. or e:dnblt the prelJ\m:s 10 prospecuve purchlsers or lenanlS &~ 1ft ase of emcraency. 0w1'et sha!11I"C Tenanu rea\onable nouce Dr Inlenl 10 enler In order to lacUuale Owner's n,ht of acc:ess. Tenants shall not. wnhouI Owner's pnor wnum con~en.. aller or rekey anY locks 10 the premISes At aU ,Imes Owner or Owner's a,enl shall be provided with key or keys capatlle of unlodanl all such locks and Illlftln, entry Tenants further alree to nolify landlord d they 1nS11l1 any bur,lar alarm systems In- dud,n, InstrQCtlons on how 10 disarm u should Owner so request 1 S If Tenants a~ assJgned a p.rlnnll space In Ihe parking area of Owner's real propeny. Tenants shall lISe IUd! space PelUSlvay for pull:ml Dr o~rable lIassengef aUlomoblles. not for washing or ~au of such ..duties Tenanu shall not park, nor allow any other person, to p.rk In any olher space. m such patlu", area. Tmanu Jhall not ass!p or sublet parkin' or Slor~ JP&Ce, if all)'. 16 Absmt Inlmllon,l acts or ,ross neghlmc:e, Tenanll. lhelr lluests andlor lI~sees. shall not hold Owner I,able for dama,es to person or pro~1\ froRl an} source' whale,'er, bur Inslead. shall seek recompense onl)' from IhClr respe'Clrve rnsurance earners. or from GIlIeTS IriIo may be Iftlohed Tenanl5 and Ten,nls' InSllrer shtlll Indemnify and hold O..ner free and harmless from any such claims by TenanlS. their '\!eSlS andl or IIl:en~ees 17 If Ihe o....ner musl vac:ate Ihe prenllses for peSI or vermlh control. Tenanls I,ree 10 lemporarily vaale the pralllsn,'s requested. ror that renod nec:essar!o 10 complete the fUIJ\Ii3110n Tenann a,ree to comply "'"lth all Instructions and requlfements of the fuml'luOII company m re!3rd to the preparallon of lhe prenll~es al no C'l~nse to the Owner 5uc:h preparauon shalllhclude but nOI be hmued to baOln, of rood and olher perishables IR If any le,al :lCIH," or proc:eedlhll be brOll(lhl b) euher part} to mrora any part of thiS Aareement. the prnadlQI pany shall recover. In addlllon 10 all olher rehef, reasonable costs. mcludml! allornC\"s fees. whether or not the aCllon J'lroceeds to judJmmt. 19 All addl1t{'lns. and all pa(les altached hereto and SllIned bv o....ner .nd Tenants ..hleh may contain the apartment ,nvmlory, crull! infor- mJ.lIon, house rule<. 10lker and rllrkln!! a~"inments. and or pttllnenl Jnformauon conformln, 10 Owner's pohc), when 'nclueled. form an tnre,r;lI 1'3r1 of Ihls A,reem~nl. and upOn sr,nm,. the Tenann endone eM facI Ihal Mer haYe read 1M Aar<<men( m ItS emuecy lAd "-tt received :I cor' I hereof 20 Tim Lea~ C(ln'I"llle~ lhe enUre a'rft'I1lCnl bet....een Ihe parues There are no representauons nOl expressed herem Owner, however, reserves the Tlghl. and Tenilnl~ agree 10 e'\lend flRhl to Owner. 10 make reasonable rules and f"eJulatlons In adehuon to the prnmt covenanu Ind ruIn "hu:h. In Ihe O"ner 5 Jud,menl. mal' become necessary 21 0.... ner \h311 III no "a\ be hable If. thrl'luJl:h no fault of Owner. the preml~e5 cannol be delivered upon commmcement dale In Ihis CVCTII, Ihe 1 (IIams' renl 511:111 abale unlll s~lId JlOSSesSlOn IS 'J\en or made available 22 Ten3nl~ are !Ir:1nled n{'l fll!ht to use e>r enler mlo anv space or area! ~nled to other tenants IndiVidually .....thoUI thelT and/or Ihe Owner's C''''"<ent nN 3n\ rat! of said ,..rtml<t'< nOI dt~l,naled for hl~ USe. fncludm, to\ ..a.. of cumple Ind nol by ...y 01 IImll.uon 1M roof, crawl \races. l'arl..1lJ~ ~race\. Slor3[te spacc:~. ele 23 In rh.. e\"nl T"rr;tnt~ ,"r~rtd 10 'aeale rhe preml~e~ on C'lplrauon of Ihe rerm, they must II\e (he Owner at leasl Ihlrty (10) days wtlttm n"'(l'~ or 511Ch (ermmallon. 0lher....15e such tenal'lC\ ,hall aUlomalll:all)' become a monlh-Io-month tenancy upon Ihe ..me terms and con- dHl(l", e'lll're\<ed herem Ov.ner ma) (l1\le Tena",' al least Ihlrl) (301 days wrmen nOIlc:e that Owner Will nOI allow Tenants 10 Rmaln on a mc>nlh-to-mon,h baus upon the e'llplnllllOn of 101$ lerm 24 Each and all .....O\lISIOns hereof shall M blndm, upon and Inure 10 the bendit of the heirs. rllCculors, admlhlSlrators, lucecsson. or asslln- ces 0 r 0" ner. and I he heus. rut:ulors. and admlnlstrlllorl of T enanlS 2~ "0" ner" lIlChIlJ~. 0" ner and M:lna,er. ^,enl or Eml'lo\lee. act"" as mana,er person nel. and "T ~nanls" mc:ludt all persons drsl,natrd as such. or as O(',uf\lm In Ihls AJreement, "llhOUI rrspect 10 number or ,ender 26 Th~ ~~-}- o r the prenuses IS oVoner or manalrr .--~ ~ p () ~~ CJi"1 f 6 '" 0 1<-. C It- q (\ ;l'iS N,\ 'IE ADDRESS "'hen onh Ihe name or II Mana,er or A,ent JS I'len, thIS person IS IUlhofJzed to accepl Iqll serVIl: on behalf of the Owm:r :%1. Olher prOHSlonS (If none, write "None") ~'IT~REOF. th.po'tlts hsv. <,<<cut.d thIS AB'7'::': ~~ firsl above Wfltlcn. OWNER AJ ~tt94~ J f' :1 ~ ^ITT"""P17Fn r>rPRF';PH \TIVf: -P--?EN~' - u . APARTMENT No. 3r- STANDARD LEASE t::t- f y- 1)..Q...C.!'~1 h 1?'L 0. THIS LEASE is entered IOto this day of 19 ~ <.J by and between --r-e 6 ~(l"1.l S io o~ ...... ~ I-fu. 1'\ Y ~ ~)~::> . hereinaher calles "Owner! Alent" and fl. v-f<... '" Q.. 'I, M...S , hereinafter called "Tenant". IN CONSIDERATION of the payment of rent and subject to the tcnns and conditions below, the Owner rents to the Tenant. and the Tenant hues from the Owner. fOT residential use only, the premises known as Apanment 3 p at I C; 3 5' 6Ao-I v'1 c..Q "'l +e B'vel so"",, ,California, fOT the term of ('1-t.. y44."l.. commencmg on the ,It- day of O'~e"""').,.e.-L.- . 19!O at the rental OfS"lI'.~,~otd-a.e.J~lttt'-,"~~ars ($ ~'4!i. ) per month, each InstaJlment due and payable in advance on the I ~ day of each and every month during said term If the first month's rental is adjusted, the rental sum of Dollars ($ ) has been rc- celVed b} O"ner for the period of .. to THE TENANT FURTHER AGREES AS FOLLOWS: \\uhou! Ov,n~r s pnor wnu~n consenl, Ihe prmllses shall be OCCUpied only b) the underSl,ned adulls ancl - dllldrm 2 H TenanlS (;111 10 pa\ the rent In full "'uhln IWO da\"S afler n IS dlle, TmlnlS shill pa)' Owner a Iale chlflt of S-=: . plus S _ _ for each ilddlllona] da) Ihal the Tent continues 10 be unpaid The tOllllalt char,~ for anyone month shall nOl aCftd S B} Ihls pro\ U1on, ()v. ner does nOI w.l\e Ihe fllht to InSISl on paymeRl of the reRl In full on the da)' II II due 3 In Ih~ e\enl an\ check of:cled b- Tena:n15. or euher of Ihem. 10 Owner In plyment of renl or any other Imounl due IInder thiS Aareemml IS rClurned for lack of suHieltnl funds or a closed or nOnelllSllnl accounl, Ttnants shall pay 10 O",ner a eheck-murn ChaTae In the amOllnl or S /<~ 4 \\.lIhol.11 O"ner S prior ....nll~n consent no bird or ammal shall be kepI or allowed Ih or abolll Slid ~Isa. 5 "nhOUl 0.. ner's pnor .. f111m consent, no warerbeds or liqUid lilled (urDllure mall be aJlo~ In or about ..rct prmJisa Tenants wI! nOI "lolalC an.. ,overnmenlal II'" In Ihe use of flreml~s, permu Wasle: or nUisance. Inno)'. mo\nl. or interfere: wlIIl any other tenanl or nCllh- bOT Tenants shall obc" Ind compl\ with III house rilles. If any. IS Inlched hereto IS pale I . and IneoqKtrated Plto IhlS A,reemenl dlereo} 6 E,cept as ma\ be pro\lded bv Ilw. no repairs. decorations or Illeratlons shall be done witboUI Owner's pnor wntten COftICIU. Decor- IUon Inellldes bUI IS nOI hm1led 10 palnllnB. wallpapering. han,ln, of cedm,lamps or poners 7 In Ihe e-ent lhal Ihe TenanlS shall abandon the premlsn. Ihe uase conllnues In errecl 10 long as the Owner don nOI termlRllt Ihe Ten- am~ Tll!h! to posseSSIon, and the O"'n~r ma) enforce all of hiS fllhlS Ind remedies under Ihe lease. Inellldlnl the n,hl to recover the rent as II becom~ due under the Lease Tht Tenanls ma)' not slIb-let the properly or ISslln lhelr Interesl lD the Lease 8 In the even! ,h~ Tenants breach Ihe Leise Ind abandon the properly before the end of Ihe term. or if Tenanls' f1,ht to oposses5lon IS letm- mated b~ Owner because of ,1 bleach (If Lease. Owner may rtto\'er the amounlS sel fonh lD P.ra,rlJ)h ."1.2 of the CIVil Code. Indud,", Ihe "'orth II Ihe tllne of Jud,menl or .......rd or Ihe .mounl by which the unpaid rent for lhe balance of the lerm. .flef the time of the '''',nd. neeeds Ih~ .mount of slleh renlllloss for the lime period that the Tenant proves collld be reasonabl)' aVOIded. 9 T~nants ha\e insP<<ted the premises. furnishinas and equipment. if applicable. and hive 'oulld the same to be ..tisr.aory. All plumbinl. hb!lnl and elKlflcal are oper.lI_e. and furniture. If Iny, as Invenlorled and 11Iached hereto 1$ pa,e . halliktwlSt been In. specled and IS deemed 1I11sfIClory b) Tenlnn 10 To k~ep Ihe premIses dean, sannlf). Ind lD ,cod order and repllr dunnalhe lerm or thIS tmaney, .nd to JIInender the same m like con- dlllon elldUSIYe of ordinary wear Ind tear II To pay fot all uuhu~. ser\'ICU atui chlrles. d an). made by or predltlltd upon occuplncy of re5ldenR tllCePt IS 'ollo.s ().A.... ~ ~ ~ "b" I'M. , ~ ~".e.u..... ~ J. (.)..I ~ 12 The IInderSll!ned Tenanls. whelher or nOl In laual possession of Ihe prerruses, are JOIntly and se~all)' bIble for aU reRt InCUfred dunn, the lerm of 11'11$ A.u:eme1ll. and for all damales 10 Ihe premises tllI~d or permlUed by Tenanu. thtlr ,ueu and InvlletS, AT' \nT"If"'T ,\c::c::nrt.\T10' CRF:ATF'R 10<; ASGELES ....... "','" '"'r '_ 1- ...... . i Form No 16 Itrnwd '/16 13 S 6 (1) ~ _ as sa:urll) has been deposlled Owner 11I&1 use therdrom such amounts as are reasonably necessary to nmedy TenilnlS nef31111 In the pa)"menl of rml. 10 repair darna,es In Ihe iR...~ caused by the Tenanu. then lunu or mvuees exdUSlve of ordinary ..nr and tnr. or 10 tlean .he premises If ntteS5ar) upon lemun&1lOn of the tmanC}'. No later than two (2) ..uks .Her tennlnallon of ten- ancy. Ihe O\\ner shall furnish Tenanu ...uh an itemized wnllen SlIlcmmt of the basIS for, II1d the amount of. any secunty r<<:eIYCd and the dnrOllllon of such sccunty and shall return any rcmamm, parbOIl of such RCurlly to TawlIs at Tenanu' last known address. 14 Tt'n3nn agrn rn3r Owner or Owner's a,enrs may en'~ .he pnmises in the ~t of an rmn~nC)'. or to "..ke 'CJ18IB or Improvemenu. sUr'rh a,r~d services. or nhlbu the premises 10 prospecllYC purchasers or ImanlS ExtcPI.n case of cmulm~. Ownn shall JIve TenantS re:J:\onahlc nOllce of Inlenl 10 enter In order 10 facllnall:: Owner's n,hL of ac:cess. Tenants shan not. ...uhout Owner's pnor wn!ten COn\enl. aller or reltey any locks 10 Ihe premises AI all Umes Owner or Owner's a,enl shall be prOvided ...Ith key or keys capat-Ie of unlockmg all such locks and IIInln, entry Tenann further a,ree to oollfy landlord If they lnslall any buralar alarm systems m. eluding InSIlUCllons on how 10 disarm It should Owner so request. 15 If TmanlS are aSSllned a parklna space m the parklnl area of Ownct's real properly. Tet'laJlu shall use such space udllSlVdy for parkin, of o;ll'rable ra\sengn aUlomoblles. nOI (or ..shin, or rcpalf o( such ~hldes Tmants shall noC park. liar allow ..yother prrson, to park m an~ other space. 111 such parklllg area Tenanl$ shall nOI asSIgn or sublel parkin' or Ilorase space, if any. 16 Absent Inlenllonal acts or ,ross ne,hl!cnce. Tenanls. Ihelr IUesu and/or bcmsees. shall not hold Owner liable for damaaes to person or prnpen} honl 30\ sour~ "h3te\er, bUI Instead. shall seek Tccompmsr only from thCl.r respective mlurance earflers, or from others who m3' be In\ohed Tenants and Tenants' Insurer shall IDdemnl(y and hold ()v.ner free and harmless from any such cbnms by Tenants. theIr ,uesls and/or hccn\ees 17 If Ihe O"ner muSI vacale Ihe premises for peSI ('Ir vermm control. Tenanls a,ree to temporarily vacate the prmllses. IS requested. for thai renod nece\SiIr\ 10 remplele Ihe fumlg3uon Tenants agree to comply "lIh all msnuellons and requlfemenu of the fumllallon company 111 reprd to Ihe preparallon of Ihe prenll\eS at no e'lpcnse 10 Ihe Owner Such preparanon shall Include bul not be Ilmlled to baaln. of food and olher remhables 18 rr any lellal :lCHon or proceedmg be broughl b~ euher part) 10 I!nforce any pan of thiS A,reanent. .he: prevadlng pany shall recover, In addmon In all olher relief. reasonable cOSIS. Includmg i1110mev s fees, whether lit ROt lhe acuon proceeds to judlmmt. 19 All Iddllll'n5. and all pages a!lached herelO and sign cd by Owner and Tenants which may contam the aplflment mventory. l;I'rc:lit infor- m"'''On. house rule<. lo~ker and rarkl"!! a~\ll!nmen15. and or JlCrllnenl Informauon conformlnlto Owner's pelle). when mcluded. form an lntc!,-rill rarl of Ihls Agreemen~, and upon sIgning. the Tenanls endorse the raCI thaI they have read the ....areement m Its enhnt)' and have feeel vcd a cor" I hereof 20 Tim lell~e COI1<lIlule\ Ihe enme a(!r~m~nl bet\\een Ihe parlles There an no nprescnlahons not Cllllfnscd MRIn Owner. however, reserves the tlghL. and Tenanl\ a~ree 10 e'llend n!!hl 10 Owner. 10 mak~ reasonable rules and rqulallODs In addlllon to the presenl co~nanlS and rules \\hlCh. ID Ihe O\\"cr s Jud(!mem. ma~ become necessan 21 O\\ncr ~h:t1l1l1 nc \\3\ be hable If. IllTnu~h no fault of O\\ner. lhe premises cannol be ddlvcred upon cummencement date. In this event, Ihe 1 cl1aOls' renl shall abale unul Slid pouesslon IS Inen or made available. 22 Ten:lI'lI~ are p.ranted no n~hr 10 use ('Ir enlcr InlO any space Of arras renled 10 olher tenanlS IndiVidually W1thoul their and/or the Owner's cnn<enl nN 1111\ I"a" of s:ud rr~ml\C~ n(ll de\l,nalcd for hl\ use, Includlnl! to\ \\av of example and DOl by ..,ay of IImltauon the roof, crawl \I':!ces I'ar ~111~ <1"3,1:\, \10r3(1e spaces. elC 23 In the eHnl Tcn;lnt~ ,"lend 10 \aC3le Ihe Jlremne~ on ~'1plrallon of Ihe lerm, Ihey mUSI Il\C the Own~ at least thnty (30) days 'Wfllten n.'I"e of ~lIch lermtnallOn Dlhen"'se such tmane:\ shall aUlomallcally become a monlh.lo-monlh lenancy upon the same terms and con. dlllon< e'll'rc\<ed herem 0.. ner ma~ ,1we Tenanl\ al IUSI thin)' 130) days 'WrIIlen nOilce that Owner wdl not allow Tenants to remain on a monlh-lo.m"'"lh baslS upon lhe e,<p.rallon of Ihls lerm 24 Ea~h and all rnWlslons hereor shall be bmdlng upon and Inure to the bendh of the hellS. executors. admInistrators, successors, or asslan- ees or o..n...r, and Ihe hellS, neculors. and admtnlS.tralors of TmanlS. 2S "O"ner" mdudc< O\\ner and \13nal!er. AlienI or Emrloyee, ae:llnllll\ manaler personnel, and "Tenanls" mclude all per501U desll!naled as su~h. or as Oe:cuparll 111 Ihls Agreemenl. "uhout respee:1 LO number Dr ,end!!r ~~ 26 The of Ihe Jlrmlues 15 O""l1er or manager '"T-€ ~ .,J, ~"\"'\)l ft.c,o..<<. ) ~ OJ f'\J';~ C(7)-b /lit . V fl- rp- </01-"1'> N,\ \,[ ADDRESS \I,h~n onh fhe name of a Mana(!er or Alent IS ,,\en. thiS person 15 aUlhorlzed to accept Ielal scrVlc on behalf of the Owner. 27 Olntr prO\JSlons (If none. wrue "None"~ IN WITNESS WHEREOF, the parlies have execuled lhls Agreement on the day, month and year first above wntten. ~ ~~~ TENANT ~I i" //- .:.- /" ,/ . _::;c./ j / ~ ~ -- OWNER TENANT '" ITHf'lPI7rn r rT'RJ:l5F"IT' TIVF. ~ - , , " _ J i eel STANDARD LEASE APARTMENT No. ;lH THIS LEASE is entered into this 1 ~ day of F -e b(lI..L"~ 19 '1' ( by and between 1-e...~ ~\'rI"> ......... ~"'\"'l"l p..~~~~ . hereinafter c:alles "Owner/Alent" and 5 h e '1... ~ }..-)' + 0. (. e y . hereinafter called "Tenant". IN CONSIDERATION of the payment of rent and subject to the terms and conditions below. the Owner rents to the Tenant. and the Tenant hires from the Owner. for residential use only. the premises known as Apartment 2.. J4 at J'; 3 S ~ Y J l.oR. \0'\ te. e)y'l..)' J\'l, . CaJi{erma. for the term of ~.e 7"e.u.."'L commencing on the V. ~.;",. Ju./.f'"I...JJ,., .~ 6 tN I ~ day of F""-e."~~ . 19 ~_ . at the rental of '" I"',....~ollars ($'" S -- l per month, each Installment due and payable In advance on the I!t- day of each and every month dunng said term If the first month's rental is adjusted. the renlal sum of DoUars ($ ) has been re. cell cd b} 0" neT for the period of ., to THE TENANT FURTHER AGREES AS fOLLOWS: \\uhl.JUI O""ntr s prior wnll~n c:ons~nt. lh~ pr~mls~s shall ~ ~upl~ only b) lh~ undrrSllned Idulls Ind 1> ~hIIdrcn 2 U Tenants (all 10 pa, lht rent U1 full .Ithln lwO da\s after U IS due, Tenants shall pay Owner a late charae of S~ . plus S _ _ for each addlllonal da) Ihal tht rrnl t'Onllnu~s to bI! unpaid The toral bIt m.r'e5 for An)' me monlh shall nOl aered S B~ thIS prO~1Slon. O.ner does nOl "'al\e the Ulhl 10 InSist on pa)'JDCnl of the rent In full on the da, It IS due. 3 In Ihe ~n11l am chec:k ofl(led b~ Tenants, or euher of th~m. to Owner In payment of rent or any Other amount du~ under thIS Apecmmt IS relurn~d for lad. of sufflCl~m funds or a closed or none~lSlant acc:ounl. Tenants shall pay to Owner a eheck-relurn cbarle In th~ amount of S I)~ 4 \\ IIhoUl O""ll~r 5 pnor \lfnllen ronselll no bud or ammal shall ~ Irtpl Or aJJo",~d In or aboul said premues. S \\ Uhoul aVoner's pnor ",nllen cons~m, no .:ll~rbeds or hqull:l filled fUlnlture shall bI! allowed In or aboUl saId premises. Tenlnts shan not vlolale an" !overnmenul law In th~ use of ~remlses. pe-rmn wIste or nUlsanc~. annoy, molest, or Interfere wl1h any Othct ten.lll or netlh- bor Tenams shall ob~v IIInd campl\ wllh .11 house rules, If any, IS auached herelo IS Pile I , I and InCCKJlOfated '1\10 this Agrte'mem Ihw~by 6 E'lc:~pt IS ma\ ~ prOVided bv law, no rtpiUts. decorallons or alterations shall be done withoUI Owner's pnor wntten t'CIIUCIl.t. Decor. atlOn Includes bUl IS nOl hmned 10 pllOlIng. wallpapeTlng. hangln, of celhng lamps or pOSlers , In Ihe r~tnr lha! the Tenanu shall abandon the rremls6, the Lene corlllnues 1/1 errecl fO Ionl as the Ownrr does not 'rrmiult .he Ten. anl~ nlhl 10 poSs~sslon, and the O"'n~r ma~ enforce all of hiS nghls and rem~dles under the Lcas~. Indudln, Ihe ",ht 10 recover the rmt 15 Il beCOlTles dut under the Lease Th~ Tmants mal' nOI sub-let the propeny Of ISSlln thelf mttrest m the l.ea5c 8 In lhe evnl the T~nanls breach the Lease and abandon the property bl!fOfe the end of lhe term, or if Tenants' rilhl to possesSIOn is term- ,nal~d b) Owner beclluse of .1 brtllch of bue. Owner may recover the amounu set forlh In 'ara,lraph t951.2 of the Civil Code. melueh", lhe v.orth al the lime of Judlmenl or award of the amount by whl~h the unpaid renl for the balance of the term. .fter Ihe Ume of the a"'lrd, nce~ds the amounl of such renllllloss for Ihe same penod thilt the Tmanl proves could be reasonably avOIded 9 Tenanl5 hav~ InspKled the premIses. furnIShings and equlpm~nt. if apphcable. and have found the same 10 be Ausfadory, All pllllllbin,. heallnll znd ~~mClI art optraU\t. and (urnllure, If zny. IS ,"venlorm! and attached Mreto a! pa~ ' Ira Ifkew'IK been In- spcct~d and IS d~m~ sal1sfilctory b~ lmanu 10 To keep the premIses tlean, Siln\lar). and In lood order ilnd repair durlnllh~ ttrm of thiS tenanC)'. and to lunender th~ same in like COR- dlUon exclUSive of ordinary wtaT and ttar. 11 To pav for .11 ul1l1l1es. srr"lCCl Ind chlrles, If any. milde by or predl~lted upon ocalpancy of rcstdm~ acepl as follows' ~o. 1""'.... ~ ,~ t "1- ~~~ CU~L 12 Th~ underSlln~d Tenanls, _helher or not in aaua] possnslon of the prmllses. are JOIntly and RYUaU)' liable for all rent Inaarred dwinl th~ term of thIS Agrrrm~nt. and for all damales 10 lhe premlsn Clustd or pcrmlll~d by Tmanuo then luests and I""\left. ~1 l ~ " ') - --l ~ .., Af',nT'n"'.T .\o;r;;orL\l"lO' CnFAT'F'n toe; A"'CELES 'mm"1I 1'.emcd'," CI % 13 S Q01) ~ as seeUnI)' has been depcJSlted Owner may 1m therefrom such -.nounu as an reasonably ~ to rancdy Tenanr~ r1ef~,,11 In the pl)menr of relit. to repaIr dama,~ tC'l the pt'em1SCS CIIUSed by the Tenants. thetr luests or Invlleaa.c:IUS1ve of onhnary ""ear and tear, or to deln the prmlllCS tf M<<ssary upon termmatlon of the tnal1C'}' No later than two (2) _ks &ftt!' tennlnaUon of ten- anC}. the O~ner shan furnish Tenants ....tth an lIemtzed wnUen statement of lhe basis for. and the amount of, any secunty reatYed and the dlsposlllon of such sec:unty and shan relurn any remalnlnl panlon of IUCh securuy to Tenants at Tenants' lasl known address, 14 Tcn:!nls agreoe thoU Owner or Owner's .,enlS may enter the prerruses tn tM event of an ernerlenC'Y, or 10 make repllrs or tmprovementS. ~ul"rh agreoed se.Vlces, or e,hlbll the premises 10 prospecllye purchasers or tenants beepl In ClIIC of cmerlency. Owner shall ,Ive Tmanu re:!~on:!ttle nOllce of Inlenl to enter In order to facilitate Owner's rl,ht of ac:cas, Tenants shall not, WIthout Owner's pnor wnnen con~ent. aher or releey anv locks 10 the premises. At an limes Owner or Owner's a,enl shan be provtded with Icey or hys QPIlt-le of unlocklnl all such locks and ,alnlnl entr)' TenantS funher a,ree to noufy landlord If they tnstall any bUfJlar alarm systerM m- c1udm, InSIlUCUonS on how 10 disarm It should Owner so request !~ Ir Tenanrs are aSSIgned a parktnl spate m the parktn, area of Owner's real propeny, Tenants shall use such lplte elldustvdy for parkm, of OJ)erable ras~enler aUlomobtln, not for wash,nl or repau of such ~tllc:les Tenants shall not park, nor allow any other pnson, to park In any other space. In such parklnl an:a Tenants shall not ISSIJ1l or sublet parkin' or steraae space. U any. '6 Absml tntenllona' utS or ,ross neahlence. Tenanls, their ,uesls and/or hcenSffS, shall not hold o.ma hable for damares to person or proren\ from 3"' source whlllever, but Instead. shall seek recompense ani)' from thetr respective tnsurance arllen, or from others who Olav be In'ol'ed Ttnancs and Tenants' ,"surer shall indemnIfy and hold ~'11er free and harmless from any sudt "alms by Tenants, thelt 1lllCSlS and/or hceno,ees 17 If the ~ner must Vlcale the pTemtSn for peST nr vermin control. Tenanls laree to tcmporanly vacate tire prCftllSes. IS requested. 'or that ~nod necesslT\ 10 complele the fumlllallon TenllnlS a,ree 10 comply Vi,th all InSlrucuons and requlfemenu of Ihe fumllallon company In retard to the preparalton of the prenll~ts al no e'lpense 10 the OVi'llCl' Such preparauon shall tnclude but not be limited to balllRl of food and olher ~f1shllbles III If any lellll actlnn Ot proceeding be broughl b) ellher parr} to epforte any pan of Ihls A,rerment, lhe pmoailtnl PlIny shall recover. In add'lJ"n to 311 Olher rehef, rosonable costs. mc:ludlnl allornev s fees. whether or nol Ihe action proceeds to Judlment. 19 All addlll"ns. :md all !laleS InIChed herelo :and Signed bv OVi"JIer :and Tenanrs which ma) conla," tbe apartment Inventory, credit infot- m.lllon. house ruk'. 10L:'ker and I"arkm~ a~~lllnmenls and-or fltrllnenl ,"formation c:onformlDl to Owner's pollC'). when Inc:ludted. form an Inlc!lr31 part of thiS Allreemenl, and upon slgmng. the TenanTS endone the facI that they have read the Aareement In Its enurety and hI~ f~1\ ed 3 COp\ I hereof 20 TIII~ lr::t~e cnn~lIlure~ Ihe enllte a,re'nnem belVieen the parltcs Th~re are no represe tallons not e.'prnsecf heran Owner, however. rcserws the ,,!;III. lInd T en:!n! < a!;ree 10 C'llend rrp:ln to Owner, to make reasOnab'e rules and qulallQns In addllton to the present covenants and rula ...lIlth, In rh~ O\\ner s Judgmem. ma~ become nKessarv 21 O"tler ~h:lll III no \~a~ be hable If. IhrnUJh no fault of O"nel. Ihe premises cannol be dehvered upon commencement date. In Ihls evenl, Ih~ 1 enanls' rent sh:tll abalt unul Sllld possession 15 lIven or made a\all:able 22 Ten;'tnl~ are !ltilmed tiC' fI!l1l1 ro use 0' enle. mlo IInv spacr or areas renled to oth~r lenanlS indiVidually "",thout thetr and/or the Owner's ["I'n<tnr nN :111\ rarr of saId preml<C< nOl de~lgnalecl for hi. use, mdudln!! t1} Vil\l' of eUlnple and nOI b)' way of hmnlllon the roor, crawl ~r:!CtS ra.l.lIl~ <r:tce~. slOrage ~pace~. elC 23 In Ihl" eH'lIl TCII3n1< tnlend 10 ~lItale Ih~ preml~e\ on e'"If:1l1on of the lerm. Ih~) must 11\1:' the Owner II lnst thirty (30) days wrmen ""11.-': nr .u.h letmlnalton, other~lse such lenallC\ shall automatically become a month-Io-monlh tmancy upon the same terms and con- dlll(1n~ e'f're.<ed herem 0", ner mil} (!I\e Tenanl~ al leasl Ihltt} (30) days wrlllen no lice thar Owner Will nOl allow Tenants to remain on a mtlnlh-lO-monlh baSIS upon Ihe e'tpltllllon or Ihls term 24 ElI.h :snd all f'.(WISIOns hereof shall ~ bmdm, upC'ln and mure 10 the brndil of the heirs. uecutors, admtmStrllors. luccessors, or Im,n. ft5 of (hon..r. IInd lhe helts, euculOU. and admlnlStralors of Tenants 25 "O...ner" IIIdlldc< O..ner and Mana,er. A,enl or Employee. Imn!! as manaler personnel. and "Tenanu" mclude all persons desllnaled IS 'u.n. or a. Oc,uJ'lanl In rhlS A,reemcnl. VillhoUI respeCI to number or lender 26 Tht ~ of the pf~'ses IS o.....ner or manlller t'f"J rJ. "k.l l~ ,~ y ~ 110.e~ Of r; '7 fJ /'1. D. ~ eft 9 u:2.. 'IS N,\ 'IE ADDRESS \l.hen on!> the name of a ManlIer or Alent IS 'I\en, thiS person IS authonzed 10 arcepllqal serVlc on behllf of lhe Owner 2' Other pro\lslons (If none. wrtte "None") IN WITNESS WHEREOF, the parties have e'Cecuted thiS Agreement on the day, month and year first above written_ rT.e8t ~ OWNER TENANT Ji- ~'~4f-v ^'ITHnPI7fT\ rrT'RF';p.JT \TIVF TENANT >, I ~ ~ STANDARD LEASE nus LEASE. entered U1tO thIs - "'"i""" ~ p,.""", \\ en OI(......J. \~..."\ ~ R~1.1 S \1,).5 I~ l"el' +-00- A"tJ"L day of 19 '6 '-/ by and between ~ f'a..qP-u,.,r,) herema!ter called "Owner/Agent" and , heremafter <:ailed "Tenant" WITNESSED That for the cOnSlderanon of rent paymenu and covenanu adherence on the part of the Tenant. the Owner rents to the Tenant. and me Tenant lures from the Owner. for reszdmnal use only. the prezmses known as Apanment .:1.. C. at ' ~ '3 S~...., V I ( ~ "" +e. PJ \,-.L r,.., . Califorma., for the tenn of (..' "".... y~ ~ "l. commencmg on the 11';' day of rt'''w. - he~ . 19 t''1 . at the mnal of~ 1\1'1 ~~b,..L rlw-l4-y........~ ~ DoUars ('; o)!~ ~'t. ) per month each InStallment due and payable in advance on the , 1:- day of each and every month dunng wd term. If the first month's rmuJ. IS adjUSled. the renal sum of Dollars (~ - ) has been reo CClved by Owner for the penod of to The Tenant further agrees. Without Owner's pnor wnnen consent. the pmmses shall be occupied only by the undemgned adults and cfularen. 2. Withour Owner's pnor wnttm consent no bzrd or vnm21 .shall be kept or allowed m or about satd premues. 3. Without Owner's pnor wnnen consent. no waterbeds or bqUld filled funuture shall be allowed m or about wd premaes. 4. Tenant shall not Y10late any govcmmentallaw m the use of the premJSC$, permn waste or f!1.!~~~ce. annoy. molest. or mterfere W1th any other tenant or nelpbor Tenant shall obey and comply With all house rules. If any, as attached hereto IS page . and mcorporu~ here3t as though fuUy set forth at length S. Except for as may be prOVIded by law. no repaJrs, deconnons or aherallons shan be done Without Owner's pnor wnt. ten consent. Decorauon mcludes but IS not hmned to pamung. wallpapenng, hanglni of ceiling lamps or posters. 6 In the event that the Tenant shall abandon the propeny, the Lease conunues m effect so long itS the Owner does not tennmate the Tenant's nght to possessaon. and the OoNner may enforce all of Ius nghu and remedies under the Uag. Includmg the nght to recover the rent as 11 becomes due under the lease The Tenant may sub-let the property or as- S1gr1 !us mterest In the Lease wnh the consent of the Owner. ana Owner agrees not to unreasonably wtthhold consent to wd sub-lease aSSlgnment i In the event the Tenant breaches the Lease and abandons the propertY before the end of the tenn. or .fTenant's nght to posseman 15 tennmated by Owner because of a breach of the Lease. Owner may recover the amounts set forth 111 Paragraph I 9S 12 of the CIVIl Code. mcludmg the wonh at the ume of Judgement or award oj the amount by Whlcn the unpald rent for the balance of the term. after the Ume of the award. exceeds the amount of such rental loss for the same penod that the Tenant proves could be reasonably aVOided. 8 Tenant has Inspected the prenuses. fumMlngs and equlpment. If applu::able. and has found the same to be sausiactory lnmai All plumbing. heatmg and electncal are operauve. and fumJture, If any. as Invcntoned and aruched hereto as page 9 . has likeWIse been mspected mals deemed satIsfactory by Tenant. To keep the premises clean. sannary. and In good order and repall dunng the term of thJS tenancy and to surrender the same In J~ condition exclUSIve of ordInary wear and tear To pay for all unJmes. semCes and charges, If any maae by or predlc3red upon occupancy of reSidence e:o::.cept as fol- "" .vMi! '\. ~ ~ ~ n-e ,"'- \' ~ "'1- & .... ~.e,1.~ ' 10 11. lows: The undersIgned Tenants. whether or not an actual posseSSIon of the premises are JOintly and sever:l1ly hable for 311 rent Incurred dunng the term oE t1u.s Agreement. and for ail damages to the premtSC5 caused or pemum:d by Tenants. then guests and InVltees. ~J~ . 5 as secl,lnry has been deposited Owner may use theretrom such amountS as are reasonably neces- sary to remedy ttnant defaults In the payment oi rent. to repa1r damages to the premISes caused oy the tenant. men guesu or lDntees exclusJVe of onhn:nv ""nr :mc t:.!r. or to clem the premises 1f necessary unon temunanon oi che tenancy No later than twO (~) .....eda after termination of tenancy. the Owner shall fUm1Sh tenant .....lth an ItemJzed wnttcn lUtC!ne:'It Ji "he ~asu "or md '~e 'l.oo::ount ,i 1nv !e:::.mrv ~::~'ved :ane! 'he jls"oS1t1on of 5uch ~e:::mtv 1nc ..n:u1 Ottum mv .e~amml!! ::'Qr!lOn ,;' ~.Jcn !CC.Jrll, ;:) :"1ant:t -:"1ant" ;:Sl <nuwn 1CCl~ess 12. .--, ". ... "i I . J ..... -' .c 13. If any lepl action or ~roceedmg be brought by either pany to enforce any part of t!us Agreement, the prevadU1~ =,a:ty shall recover. an addmon to all other rehef. reasonable casu. mcludang attorney's fees. whether or not the acuon pro. ceeds to Judgment. The Owner may enter the premIses in case of an emergency. to make nee:ssa.ry or agreed repaJn. decoratlons. a!tera. nons. or Improvements. to su~ply necessary or agreed semees. to exhlbu the premIses to prospective or actual pur- chasers. tenantS. workmen or contr:1ctoTS. Ex:e:lt III the case of an emergency, the Owner snall give T cnant rwcnty-'our (24) noun nonce. and shall entcr dunng nonnal bUSUless houn All addmons. and all !,ages attached hereto and S1gned by Owner and Tenant which m:l} contam the apartment lnVe'1' tory. credit lnform,ltlon. hou2 rules. locker and park1ng W1g:M1enu. and/or pertment IOfotrnauon conformmg [0 Owner's polley when Included. form an mtegral pan of tius Agreement. and u!'on Slgrung. the Tenant endorses the fact that he has read the Agr~ent In IU enuret}' and has received a co!'y thereof TIus Le3se constitutes the ennre agreement between the parues_ There are no represent:ltlons not eXDrl:SSed herem Owner. however. reserves the npt. and Tenant agrees to eJl:tend the ngllt to Owner. to make rC:lSonable ruies and reg'.l' 13uoO$ 10 aeidmon to the present covenants and rules wtuch. In the Owner's Judgment. may become necessary Owner shaH In no way be bable Jf. through DO fault of Ownet. the prmuscs cannot be dehve:ed upon :ommencement date. In thIS event. the Tenant's rent shall abate unal wd possession IS given or made avuIable Tenant IS granted no nght to use or enter mto any space or areas rented to other tenants lnd1Y1dually wnhour thelT :md/ or the Owner's consent nor any part of sa1d prenuses not dmgnated for tus use. mciudmg by way oi example and not by way ofhmltanon the roof. crawl spaces. parlang spaces. Stol'2gC spaces. etc, In the event Tmant mtends to vacate the prenuses on expU2uon of the term, he must gJve the Owner at least thmy (30) days wrmen notice of such antennon. otherwISe .such tenancy shall aUlomaucaJly become a month.t~month tenancy upon the same terms and condmons expressed herem. Owner may given Tenant at least thmy (30) days wntten nonce that Owner wdl not allow Tenant to remain on a month.to-month basa upon the ex?uauon of thiS tenn Each OInd all pmYlSlons hereof shall he bmdang upon and Inure to the benefit of ther hem. eUl;uIors. admtmstfalors successol'1. ur 3SSlplees of Owner_ and the helTs. executc~ :md aamuustrators of Tenant. and upon the a.5S1~s ofTen3nt if any ISSJgnment has been made WIth the Owner's wntten consent. In th15 Lease Agrtement. whenever the contents reqwre to canfcnn to the faeu. the masculme gender mcludes L~e fenunlne and/or neuter. and the Singular number Includes the plural, No portlon of wd prenuses shall be sublet nor thIS agr=ment amgned. Ov...IJ...e.;L ]4 IS 16 17 18 19 10 21 ....., 23 The of the pmrnses IS: owner or manager 1 e. tl l /-fu. ~ 1.. )' R~ IS ~~ NAME p. ~ l3~ qrr,,6 1111 Pit CI+ ~O~CJ5 ADDRESS When only the name of a Manager or Agent 15 gIVen. thu person IS authonzed to accept IC;31 sel'V1ce on oenalf of the Owner 24 Other ;nov'lSlons (If none wnte "None") IN WIT"iESS \\o'HEREOF. the ?aTtles have execut~d thIS .i.greemerlt In duphc3te un the dav month and }le:!.r fi~: above wnnen ~ /l;~ ') /7 .-' ir / t<.P-'f;'~ TENAl'OT U t' OWNER -\LlHORIZE:> ::t~?~t..5E""'1 A :-~V:: 7::'\j A ,,-;- ~'Jr... ~ FI !!v'~el: . i'SJ ..lQ:illrTr-'!'n'l' ~UOCl.at]ol"'l _::s. .Jr.!"-Q'!'I@'!-J'I'esr!'rft: .S .,c ...... --' - , ..... - --'- - ~. ATTACHMENT \I n t~' : .~ ~ OFFICIAL NOTICE OF PUBLIC HEARING A Public Hearing will be held by the City Council on appeal Planning Commission denial of an application for Tenant-Participating Conversion and Vesting Tentative Tract to convert a 30-unit apartment building into condominiums at San Vicente Boulevard. of a a Map 153 TIME: TUESDAY, APRIL 13, 1993 AT 6:30 P.M. LOCATION: COUNCIL CHAMBER, ROOK 213 CITY HALL 1685 MAIN STREET, SANTA MONICA SUBJECT OF HEARING: TENANT-PARTICIPATING CONVERSION CASE TPC-270, VESTING TENTATIVE TRACT NO. 51429. SUJETO DE AUDENCIA: Caso de residentes participando en una conversion de apartamentos a condominios PROPERTY ADDRESS AND ZONING: 153 San vicente Boulevard R2 Interested persons may comment at the hearing, or by writing a letter. Letters should be addressed to: Planning Division, Room 111 1685 Main Street Santa Monica, California 90401 Attn: D. BUCkley, Associate Planner If desired, further information on any application may be obtained from the Planning Division at the address above or by calling (~ 458-8341. The meeti~gDfaci1itY is handicapped accessible. If you have any special needs such as sign language interpreting, please contact the Office of the Disabled at 458-8701. Pursuant to California Government Code Section 65009{b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the Public Hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the Public Hearing. Esto es una noticia de una audencia publica para applicaciones proponiendo desarrollo en Santa Monica. deseas mas informacion, favor de 1lamar a Elsa Gonzalez Division de Plantificacion a1 numero (213) 458-8341. revisar 5i en la - 1 - ") r i . 1', I