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THIS LEASE AGREEMENT (hereinafter referred to as the “Agreement”) made and entered into this 1st day of January, 2012, by and between Kay Koopman, for the Estate of Fred Koopman, (hereinafter referred to as “Landlord”) and Serena Taylor (hereinafter referred to as “Tenant”) with this agreement being accepted and signed for the Landlord by their agents William Shine/Kenji Oshima (hereinafter referred to as “Landlords Agent”).

W I T N E S S E T H :  WHEREAS, Landlord is the fee owner of certain real property being, lying and situated in Alameda County, California, such real property having a street address of 1770 La Loma Avenue, Berkeley, California 94709, County of Alameda (hereinafter referred to as the “Premises”). WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms and conditions as contained herein; and WHEREAS, Tenant desires to lease the Premises from Landlord on the terms and conditions as contained herein; NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:   

TERM.  This Agreement shall commence on 01/01/2012 at twelve p.m. (“Commencement Date”) and terminate on 01/31/2012 at twelve p.m.. This Agreement shall then continue as a month-to-month tenancy. If at any time Tenant desires to terminate the tenancy, Tenant may do so by providing to the Landlord written notice of intention to terminate. Such notice to terminate must be provided to Landlord at least 30 days prior to the desired date of termination of the tenancy. If at any time Landlord desires to terminate the tenancy, Landlord may do so by providing to Tenant such written notice of intention to terminate at least 30 days prior to the desired date of termination of the tenancy.

SHARED KITCHEN. Tenant stipulates, represents and warrants that Tenant has examined the shared kitchen facilities, and that they are at the time of this Lease in good order, repair, and in a safe, clean and usable condition. Tenant also agrees to use all stoves, refrigerators, sinks, microwave ovens, toasters, and all other kitchen apparatus for only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, food, rags, or other substances to be left about the shared kitchen. Any damage to any such apparatus and the cost of repairing broken kitchen appliances resulting from misuse shall be borne by Tenant; Landlord will provide a one time weekly cleaning to the shared kitchen, however tenant shall assist in keeping said kitchen in clean & sanitary order. Assigned spaces will be provided for tenant in both shared refrigerators and in kitchen cupboards, tenant agrees to keep their cooking/food possessions stored in these assigned spaces and understands and accepts that anything left out may possibly be thrown out, especially unsanitary dishes left in the sink.

RENT. Under the terms of this Agreement, “Rent” shall consist of all monetary obligations owed to Landlord by Tenant in accordance with this Agreement. However, the Damage Deposit shall not be considered Rent. Tenant shall pay to Landlord $400.00 per month as Rent for the Term of the Agreement. Due date for Rent payment shall be the 1st day of each calendar month and shall be considered advance payment for that month. 

USE OF PREMISES. The Premises shall be used and occupied by Tenant exclusively, as a private single room, and no part of the Premises shall be used at any time during the term of this Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private room.  Tenant shall not allow any other person to use or occupy the Premises without first obtaining Landlord’s written consent to such use. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises. 

CONDITION OF PREMISES.  Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition.  

SHARED BATHROOM FACILITIES.  Tenant stipulates, represents and warrants that Tenant has examined the shared bathroom facilities, and that they are at the time of this Lease in good order, repair, and in a safe, clean and usable condition. Tenant also agrees to use all lavatories, sinks, toilets, and all other water and plumbing apparatus for only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped or damaged plumbing resulting from misuse shall be borne by Tenant; Landlord will provide a one time weekly cleaning to all lavatories, sinks, toilets, and all other water and plumbing apparatus, however tenant shall assist in keeping such in a clean and sanitary order.

ASSIGNMENT, GUESTS, AND SUB-LETTING. Tenant shall not assign this Agreement, or sub-let or grant any license to use the Premises or any part thereof without the prior written consent of Landlord.  A consent by Landlord to one such assignment, sub-letting or license shall not be deemed to be a consent to any subsequent assignment, sub-letting or license.  An assignment, sub-letting or license without the prior written consent of Landlord or an assignment or sub-letting by operation of law shall be absolutely null and void and shall, at Landlord’s option, terminate this Agreement. Tenant shall not allow guests to stay on the Premises overnight for more than 2 days a month; beyond 2 days Tenant agrees to request permission in writing from Landlords Agent. 

ALTERATIONS AND IMPROVEMENTS.  Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord.  Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Agreement. 

HAZARDOUS MATERIALS.  Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.  

MAINTENANCE AND REPAIR; HOUSE RULES. Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition including all furnishings provided by the Landlord within the Tenants Room and within the shared spaces. Without limiting the generality of the foregoing, Tenant shall: Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only; Not obstruct or cover the windows and doors with anything but “normal” window shades; Not obstruct, hang, or cover the windows and doors with any signage. Not leave windows or doors in an open position during any inclement weather; Not cause or permit any locks or hooks to be placed upon any door or change any locks without the prior written consent of Landlord; Not install or use any air conditioning units, refrigerators, hot plates, microwave ovens or any appliance not normally used in a bedroom; and especially any appliance that draws more than 200 watts of electricity. The only exception is that if the Landlord has not supplied a heating unit, in which case a electric heater approved by the Landlords Agent in writing may be used. At all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents, and acknowledges that since the entire Premises is a shared rooming house, and as such, necessary Quiet Hours are from 9:00 p.m. to 8:00 a.m. daily. Tenant will keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents; Deposit all trash, garbage, rubbish or refuse in the trash cans provided on the outside of the building therefor and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements; Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto which may be adopted or promulgated before or after this agreement. Tenant warrants and accepts that each breach of any of these rules will result in a $50 fine, per incident, to be paid to the landlord, or deducted from the tenants security deposit.

DAMAGE TO PREMISES BY FIRE, STORM, EARTHQUAKE.  In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder.  The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. 

INSPECTION AND ENTRY OF PREMISES. Landlord and Landlord’s agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting and improving the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building, or deemed appropriate by the assignment of any state and federal entity. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, that do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises. 

SUBORDINATION OF LEASE. This Agreement and Tenant’s interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances.  

SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted.               

QUIET ENJOYMENT.  Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant’s performance of all Tenant’s agreements contained herein and Tenant’s observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof.  

DEFAULT.  If Tenant fails to comply with any of the material provisions of this Agreement, other than the covenant to pay rent, or of any present rules and regulations or any that may be hereafter prescribed by Landlord, or materially fails to comply with any duties imposed on Tenant by statute, within three (3) days after delivery of written notice by Landlord specifying the non-compliance and indicating the intention of Landlord to terminate the Lease by reason thereof, Landlord may terminate this Agreement. If Tenant fails to pay rent when due and the default continues for three (3) days thereafter, Landlord may, at Landlord’s option, declare the entire balance of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to Landlord at law or in equity or may immediately terminate this Agreement. 

ABANDONMENT.  If at any time during the term of this Agreement Tenant abandons the Premises or any part thereof, Landlord may, at Landlord’s option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Tenant for damages or for any payment of any kind whatever.  Landlord may, at Landlord’s discretion, as agent for Tenant, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Landlord’s option, hold Tenant liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term, if this Agreement had continued in force, and the net rent for such period realized by Landlord by means of such reletting. If Landlord’s right of reentry is exercised following abandonment of the Premises by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all such personal property in any manner Landlord shall deem proper and Landlord is hereby relieved of all liability for doing so. 

ATTORNEYS’ FEES.  Should it become necessary for Landlord to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, Tenant agrees to pay all expenses so incurred, including a reasonable attorneys’ fee. 

RECORDING OF AGREEMENT.  Tenant shall not record this Agreement on the Public Records of any public office. In the event that Tenant shall record this Agreement, this Agreement shall, at Landlord’s option, terminate immediately and Landlord shall be entitled to all rights and remedies that it has at law or in equity. 

GOVERNING LAW.  This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of California.   

SEVERABILITY.  If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. 

BINDING EFFECT.  The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the  parties hereto. 

DESCRIPTIVE HEADINGS.  The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord, Landlords Agent, or Tenant.

CONSTRUCTION.  The pronouns used herein shall include, where appropriate, either gender or both, singular and plural.

NON-WAIVER.  No indulgence, waiver, election or non-election by Landlord under this Agreement shall affect Tenant’s duties and liabilities hereunder.

MODIFICATION.  The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto.  

NOTICE.  Any notice required or permitted under this Lease or under state law shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested  

As to Landlord this 01/01/2012 LANDLORDS AGENT (FOR LANDLORD):

Sign: ___________________________________________________ AGENT

As to Tenant, this 01/01/2012 TENANT (“Tenant”). The undersigned Tenant hereby acknowledges that they understand the contents of this agreement, are in agreement with all clauses, and are in receipt of a copy hereof.

Sign: ___________________________________________________  TENANT

 satya agreement

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