20201014 Special VHC Agenda Packet
Agenda
City of Vernon
Vernon Housing Commission
Special Meeting
Wednesday, October 14, 2020, 09:00 AM
City Hall, Council Chamber
4305 Santa Fe Avenue
Vernon, California
Frank Gaviña, Chair
Steven Froberg, Vice Chair
Ronit Edry, Commissioner
Steve Hermon, Commissioner
Jorge Nevarez Jr., Commissioner
Marlene Ybarra, Commissioner
Melissa Ybarra, Commissioner
THIS MEETING WILL BE CONDUCTED PURSUANT TO GOVERNOR NEWSOM'S EXECUTIVE
ORDER N-29-20.
The public is encouraged to view the meeting at www.cityofvernon.org/webinar-vhc or by calling
(408) 638-0968, Meeting ID 953-8210-5021#.
You may submit comments to PublicComment@ci.vernon.ca.us with the subject line “October 14,
2020 City of Vernon Special Housing Commission Meeting Public Comment Item #__.” Comments
received prior to 8 a.m., Wednesday, October 14, 2020, will be read into the record.
CALL TO ORDER
FLAG SALUTE
ROLL CALL
APPROVAL OF THE AGENDA
PUBLIC COMMENT
At this time the public is encouraged to address the Vernon Housing Commission on any matter
that is within the subject matter jurisdiction of the Commission. The public will also be given a
chance to comment on matters which are on the posted agenda during Commission deliberation
on those specific matters.
Vernon Housing Commission
Special Meeting Agenda
October 14, 2020
Page 2 of 2
NEW BUSINESS
1. Public Works
Tenants and Authorized Occupants on City Leases
Recommendation:
Receive and file the report.
1. Standard Lease 20191211
2. Authorized Occupant Notice
2. Public Works
Tour of City-Owned Properties
Recommendation:
Visitation of various City-owned properties to familiarize the Commission with current
conditions. Tour to commence from Vernon City Hall with various stops throughout
the City at City-owned properties. Those wishing to participate should convene at City
Hall or at the stops as indicated in the agenda item report.
ORAL REPORTS
Brief reports, announcements, or directives to staff.
Next regular meeting: Wednesday, December 9, 2020, at 6:00 p.m.
ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing
agenda was posted on the bulletin board at the main entrance of the City of Vernon City Hall,
located at 4305 Santa Fe Avenue, Vernon, California, and on the City’s website, not less than 24
hours prior to the meeting set forth on this agenda.
Dated this 8th day of October, 2020
By: __________________________________
Sandra Dolson, Administrative Secretary
Vernon Housing Commission Agenda Item Report
Agenda Item No. COV-377-2020
Submitted by: Daniel Wall
Submitting Department: Public Works
Meeting Date: October 14, 2020
SUBJECT
Tenants and Authorized Occupants on City Leases
Recommendation:
Receive and file the report.
Background:
The Vernon Housing Commission approved standard lease (Attachment 1) states that a premise is for
the sole use of the Tenant and named Authorized Occupants. In light of recent litigation and in an effort to
avoid future disputes over tenancy and occupants, staff will be sending these letters on an annual basis to
all City-owned housing units.
Beginning July 1, 2021, and every year thereafter, City Staff will send the attached Tenant and Authorized
Occupant Letter and accompanying Additional Occupant Form (Attachment 2) to all City owned housing
units. Additional Occupant Forms are to be returned by July 15th of each year. As a follow up to the letter
and form, beginning July 16th of each year, all Tenants with be contacted by City Staff and any
appropriate actions pursuant to the Lease and the Vernon Rental Housing Policy will follow.
Fiscal Impact:
There is no fiscal impact associated with this report.
Attachments:
1. Standard Lease 20191211
2. Authorized Occupant Notice
Page 1 of 18
Adopted 12/11/2019
RESIDENTIAL LEASE
THIS RESIDENTIAL LEASE (the “Lease”) is dated as of , 20__, and is entered
into between the CITY OF VERNON, a California municipal corporation (“Landlord”) and
________________________________(collectively, “Tenant”).
1.PROPERTY:
A.Landlord rents to Tenant and Tenant rents from Landlord, the property located at
__________________________________________(the “Premises”).
B.The Premises are for the sole use as a personal residence by the Tenant and
following named person(s) only:
(the “Authorized Occupants”). Occupancy shall be limited to no more than two
persons per bedroom, plus one additional person. Authorized Occupants are not
Tenants under this Lease.
2.TERM: The term of this Lease shall begin on __________________ (“Commencement
Date”) and shall continue until , 20___ (“Expiration Date”). The term of the
Lease may not be for a period longer than one (1) year.
A.At the end of any term, at Tenant’s option, so long as Tenant is not in breach of any
material obligation under this Lease, Tenant may renew the term of the Lease for a
period not to exceed one year. If Tenant wishes to renew the Lease for a specified
term, at least 30 days prior to the expiration of the current term, Tenant shall give
Landlord written notice of Tenant’s intent to renew the Lease, and the length of the
renewal, not to exceed one (1) year.
B.If Tenant remains in occupancy after the Expiration Date, or any extension thereof,
and Landlord accepts the monthly rent (other than past due rent), then the Lease
shall continue as a month-to-month tenancy on the terms of this Lease terminable
by either party upon at least 60 days’ prior written notice. Tenant shall vacate the
Premises upon expiration of this Lease and shall promptly remove all personal
property.
3.RENT; RENT ADJUSTMENT: The capitalized term “Rent” shall mean all monetary
obligations of Tenant to Landlord under this Lease, except the security deposit.
A.Tenant agrees to pay monthly rent in the amount of $ ______ per month, subject to
adjustment as described in Section 3B below, in advance on the 1st day of each
calendar month, by personal check, money order, or cashier’s check to City of
Vernon at 4305 Santa Fe Avenue, Vernon, CA 90058 (or at any other location
subsequently specified by Landlord in writing to Tenant). If any payment is
returned for non-sufficient funds (“NSF”) or because tenant stops payment, then,
after that Landlord may by written notice to Tenant require Tenant to pay all future
Rent by cashier’s check.
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Adopted 12/11/2019
B.It is Landlord’s policy to charge Tenant “market” rent. As such, Landlord reserves
the right to adjust the Rent to reflect Landlord’s current assessment of “market”
Rent. Notwithstanding the foregoing, Landlord may not adjust the Rent more than
once in any 12-month period of time.
4.SECURITY DEPOSIT:
A.Concurrently with Tenant’s execution of this Lease, Tenant shall pay one month’s
rent to Landlord as a security deposit.
B.All or any portion of the security deposit may be used, as reasonably necessary, to:
(i) cure Tenant’s default in payment of Rent (which includes late charges, NSF fees
or other sums due); (ii) repair damage, excluding ordinary wear and tear, caused by
Tenant or by a guest or licensee of Tenant; and (iii) clean the Premises, if necessary,
upon expiration or earlier termination of the tenancy. SECURITY DEPOSIT
SHALL NOT BE USED BY TENANT IN LIEU OF PAYMENT OF LAST
MONTH’S RENT. If all or any portion of the security deposit is used during the
tenancy, Tenant agrees to reinstate the total security deposit within five (5) days
written request to Tenant. Within 21 days after Tenant vacates the Premises,
Landlord shall: (1)furnish Tenant an itemized statement indicating the amount of
any security deposit received and the basis for its disposition and supporting
documentation as required by California Civil Code Section 1950.5(g); and
(2)return any remaining portion of the security deposit to Tenant.
C.After giving or receiving notice of termination of a tenancy, or before the end of
this Lease, Tenant has the right to request that an inspection of the Premises take
place prior to termination of the Lease or rental. If Tenant requests such an
inspection, Tenant shall be given an opportunity to remedy identified deficiencies
prior to termination, consistent with the terms of this Agreement. Any repairs or
alterations made to the Premises as a result of this inspection (collectively,
“Repairs”) shall be made at Tenant’s expense. Repairs may be performed by
Tenant or through others, who have adequate insurance and licenses and are
approved by Landlord. The work shall comply with applicable law, including
governmental permit, inspection and approval requirements. Repairs shall be
performed in a good, skillful manner with materials of quality and appearance
comparable to existing materials. It is understood that exact restoration of
appearance or cosmetic items following all Repairs may not be possible.
(iii) Tenant shall: (a) obtain receipts for Repairs performed by others; (b) prepare a
written statement indicating the Repairs performed by Tenant and the date of such
Repairs; and (c) provide copies of receipts and statements to Landlord prior to
termination. This Section does not apply, however, when the tenancy is terminated
pursuant to California Code of Civil Procedure § 1161 (2), (3) or (4).
D.The security deposit will not be returned until all Tenants and occupants have
vacated the Premises and all keys have been returned. Any security deposit
returned by check shall be made jointly to all Tenants named in this Lease.
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Adopted 12/11/2019
E.No interest will be paid on the security deposit.
5.INITIAL PAYMENTS; FIRST AND LAST MONTH’S RENT AND SECURITY
DEPOSIT: Upon execution of this Lease, Tenant shall pay the first partial month’s rent
(if applicable), first full month’s rent, last month’s rent (equal to one full month of rent)
and the security deposit to Landlord by personal check, cashier’s check, or money order.
6.LATE CHARGE; RETURNED CHECKS:
A.Tenant acknowledges that either late payment of monthly rent or issuance of a
returned check may cause Landlord to incur costs and expenses, the exact amounts
of which are extremely difficult and impractical to determine. These costs may
include, but are not limited to, processing, enforcement and accounting expenses.
If any installment of Rent due from Tenant is not received by Landlord within five
(5) calendar days after the date due, or if a check is returned, Tenant shall pay to
Landlord, respectively, an additional sum of five percent (5%) of the Rent due as a
late charge and $25.00 as a NSF fee for the first returned check and $35.00 as a
NSF fee for each additional returned check, all of which shall be deemed additional
Rent.
B.Landlord and Tenant agree that these charges represent a fair and reasonable
estimate of the costs Landlord may incur by reason of Tenant’s late or NSF
payment. Any late charge or NSF fee due shall be paid with the current installment
of Rent. Landlord’s acceptance of any late charge or NSF fee shall not constitute
a waiver as to any default of Tenant. Landlord’s right to collect a late charge or
NSF fee shall not be deemed an extension of the date monthly rent is due under
Section 3A above or prevent Landlord from exercising any other rights and
remedies under this Agreement and as provided by law.
7.PARKING: If the Premises consist of an apartment, Tenant shall have two assigned
parking spaces, specifically the two spaces labeled with the corresponding address of the
Premises, and Tenant shall park only in such assigned spaces. Parking areas are to be used
for parking properly licensed and operable motor vehicles, but not for trailers, boats,
campers, buses or trucks (other than pick-up trucks). Parking areas used by Tenant are to
be kept clean, and vehicles leaking oil, gas or other motor vehicle fluids shall not be
permitted. Mechanical work or storage of inoperable vehicles is not permitted.
8.STORAGE: If the Premises consist of an apartment, Tenant shall have the right to use
storage unit labeled with the corresponding address of the Premises. Tenant shall store
only personal property Tenant owns, and shall not store property claimed by another or in
which another has any right, title or interest. Tenant shall not store any improperly
packaged food or perishable goods, or any flammable materials, explosives, hazardous
materials or wastes or other inherently dangerous material, or any illegal substances.
9.UTILITIES:Tenant shall pay for all utilities. If any utilities are not separately metered,
Tenant shall pay Tenant’s proportional share, as reasonably determined and directed by
Landlord. If utilities are separately metered, Tenant shall place utilities in Tenant’s name
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Adopted 12/11/2019
as of the Commencement Date. Tenant shall pay any cost for conversion from existing
utilities service provider.
10.CONDITION OF PREMISES:Tenant represents and warrants that Tenant has examined
the Premises and, all appliances, landscaping and fixtures, including smoke detector(s) and
carbon monoxide detectors, and Tenant acknowledges these items are in good and operable
condition.
11.MAINTENANCE:
A.Tenant shall properly use, operate and safeguard the Premises, including
maintaining any landscaping and appliances, and all mechanical, electrical, gas and
plumbing fixtures, and keep them and the Premises clean, sanitary and well
ventilated. Tenant shall be responsible for checking and maintaining all smoke
detectorsand carbon monoxide detectorsand any additional phone lines beyond the
one line and jack that Landlord shall provide and maintain. Tenant shall
immediately notify Landlord’s Building Maintenance Department of any problem,
malfunction or damage. Tenant shall be charged for all repairs or replacements
caused by Tenant, pets, guests or licensees of Tenant, excluding ordinary wear and
tear. Tenant shall be charged for all damage to Premises resulting from failure to
report a problem in a timely manner. Tenant shall be charged for repair of drain
blockages or stoppages, unless caused by defective plumbing parts or tree roots
invading sewer lines.
B.Tenant shall maintain, repair as necessary and water the garden, landscaping, trees
and shrubs.
C.Tenant’s failure to maintain any item for which Tenant is responsible shall give
Landlord the right to hire someone to perform such maintenance, and Tenant shall
reimburse Landlord for Landlord’s actual cost thereof, as additional Rent, within
ten (10) days after written demand.
12.NEIGHBORHOOD CONDITIONS:Tenant is advised to satisfy him or herself as to
neighborhood or area conditions, including schools, proximity and adequacy of law
enforcement, crime statistics, proximity of registered felons or offenders, fire protection,
other governmental services, availability, adequacy and cost of any wired, wireless internet
connections or other telecommunications or other technology services and installations,
proximity to commercial, industrial or agricultural activities, existing and proposed
transportation, construction and development that may affect noise, view, or traffic, airport
noise, noise or odor from any source, wild and domestic animals, other nuisances, hazards,
or circumstances, cemeteries, facilities and condition of common areas, conditions and
influences of significance to certain cultures and/or religions, and personal needs,
requirements and preferences of Tenant.
13.PETS: Unless otherwise provided in California Civil Code § 54.2, Tenant may keep no
more than two dog(s) and/or three cat(s) on the Premises as pets, subject to Landlord’s
separate Pet Agreement attached hereto as Exhibit “A”, which must be signed by Tenant
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Adopted 12/11/2019
and is incorporated herein by reference. Except as expressly so provided herein, no other
animal or pet shall be kept on or about the Premises without Landlord’s prior written
consent.
14.WATERBEDS: If the Premises were constructed on or after January 1973, then Tenant
may use a waterbed in the Premises provided: (i) Tenant obtains a replacement value
$100,000 waterbed insurance policy and delivers a copy to Landlord; (ii) the waterbed does
not exceed the floor load for the Premises; (iii) the waterbed is held together by a pedestal
or frame; (iv) the Tenant installs, maintains and moves the waterbed in accordance with
the manufacturer's retailer's standards; (v) the Tenant gives Landlord at least 24 hours' prior
written notice of Tenant's intention to install, move or remove (as applicable) the waterbed
and arranges for a Landlord representative to be present when this occurs; (vi) the waterbed
has a label certifying that it conforms to construction standards imposed by the State
Bureau of Home Furnishings; and (vii) the waterbed was constructed after January 1, 1973.
15.SMOKING: If smoking occurs on the Premises, Tenant is responsible for all damage
caused by the smoking including, but not limited to, stains, burns, odors and removal of
debris; and Tenant acknowledges that in order to remove odor caused by smoking,
Landlord may need to take certain actions such as replacing carpet and drapes and painting
entire premises regardless of when these items were last cleaned or replaced. Such actions
and other necessary steps will impact the return of any security deposit.
16.RULES/REGULATIONS:
A.Tenant shall comply with the Rules and Regulations attached hereto as Exhibit “B”
B.Tenant agrees to comply with all other Landlord rules and regulations that are
delivered to Tenant. Tenant shall not, and shall ensure that guests and licensees of
Tenant shall not, disturb, annoy, endanger or interfere with other tenants (if any) or
neighbors, or use the Premises for any unlawful purposes, including, but not limited
to, using, manufacturing, selling, storing or transporting illicit drugs or other
contraband, or violate any law or ordinance, or commit a waste or nuisance on or
about the Premises.
17.(If checked) CONDOMINIUM; PLANNED UNIT DEVELOPMENT:
The Premises is a unit in a condominium, planned unit development, common
interest subdivision or other development governed by a homeowners’ association
(“HOA”). The name of the HOA is ___________________. Tenant agrees to
comply with all HOA covenants, conditions and restrictions, bylaws, rules and
regulations and decisions, and Landlord has provided or shall provide Tenant with
copies of them. Tenant shall reimburse Landlord for any fines or charges imposed
by HOA or other authorities due to any violation by Tenant, or the guests or
licensees of Tenant.
18.EQUIPMENT; ALTERATIONS; REPAIRS:Unless otherwise required by law,
without Landlord’s prior written consent: (i) Tenant shall not make any repairs, alterations
or improvements in or about the Premises including: painting, wallpapering, adding or
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Adopted 12/11/2019
changing locks, installing antenna or satellite dish(es), placing signs, displays or exhibits,
or using screws, fastening devices, large nails or adhesive materials; (ii) Landlord shall not
be responsible for the costs of alterations or repairs made by Tenant; (iii) Tenant shall not
deduct from Rent the costs of any repairs, alterations or improvements; and (iv) any
deduction made by Tenant shall be considered unpaid Rent.
Any equipment, fixtures, or improvements (including, without limitation, water treatment
and water filtration equipment) installed by the Landlord (whether purchased by the
Landlord or the Tenant) shall remain the property of the Landlord and shall remain on the
Premises after the expiration or earlier termination of the Lease. Any equipment,
fixtures, or improvements (including, without limitation, fencing) shall only be installed
by the Tenant after written approval by the Landlord and shall become the property of the
Landlord at the expiration or earlier termination of the Lease. The Landlord may require
the Tenant to remove any such equipment, fixtures, or improvements (whether installed
by the Landlord or the Tenant) and restore the Premises to their original condition at the
Tenant’s expense.
Any appliances installed or placed in the Premises by the Landlord shall remain the
property of the Landlord and shall not be removed by the Tenant.
19.KEYS; LOCKS:
A.Tenant acknowledges receipt of (or Tenant will receive prior to the Commencement
Date):
________ key(s) to the Premises
______ remote control device(s) for garage door/gate opener(s)
for apartments and condominiums, ________ key(s) to mailbox
for apartments and condominiums, ________ key(s) to common area(s)
for apartments, ________ key(s) to storage unit(s)
B.If Tenant re-keys existing locks or opening devices (with or without Landlord’s
consent), Tenant shall immediately deliver copies of all keys to Landlord. Tenant
shall pay all costs and charges related to loss of any keys oropening devices.
Tenant may not remove locks, even if installed by Tenant.
20.ENTRY:
A.Tenant shall make Premises available to Landlord or Landlord’s representative for
the purpose of entering to make necessary repairs, or improvements, or to supply
necessary or agreed services, or to show Premises to prospective or actual
purchasers, tenants, mortgagees, lenders, appraisers, or contractors.
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Adopted 12/11/2019
B.Landlord and Tenant agree that 24-hour written notice shall be reasonable and
sufficient notice, except that 48-hour written notice is required to conduct an
inspection of the Premises prior to the Tenant moving out, unless the Tenant waives
the right to such notice. Notice may be given orally to show the Premises to actual
or prospective purchasers provided Tenant has been notified in writing within 120
days preceding the oral notice that the Premises are for sale and that oral notice may
be given to show the Premises. No notice is required: (i) to enter in case of an
emergency; (ii) if the Tenant is present and consents at the time of entry or (iii) if
the Tenant has abandoned or surrendered the Premises. No written notice is
required if Landlord and Tenant orally agree to an entry for agreed services or
repairs.
21.SIGNS:Tenant authorizes Landlord to place FOR SALE/LEASE signs on the Premises.
22.ASSIGNMENT AND SUBLETTING:Tenant shall not sublet all or any part of Premises,
or assign or transfer this Lease or any interest in it. Any assignment, transfer or subletting
of Premises or this Agreement or tenancy, by voluntary act of Tenant, operation of law or
otherwise, shall be grounds for Landlord to terminate this Lease. For purposes of this
Lease, “assignment and subletting” shall be defined as set forth in the Procedures
Regarding Impermissible Subletting or Assignment of Housing Units adopted by the
Vernon Housing Commission (“VHC”) as of December 12, 2012 and as modified by the
VHC from time to time.
23.JOINT AND SEVERAL OBLIGATIONS:lf there is more than one Tenant, each one
shall be completely responsible for the performance of all obligations of Tenant under this
Lease, jointly and severally with every other Tenant, whether or not in possession. Any
such joint and several obligations do not extend to Authorized Occupants, who are not
Tenants under this lease.
24.LEAD-BASED PAINT (If checked): The Premises were constructed prior to 1978.
In accordance with federal law, Landlord gives and Tenant acknowledges receipt of the
disclosures on the attached Exhibit “C” and a federally approved lead pamphlet.
25.PERIODIC PEST CONTROL (If checked):Landlord has entered into a contract for
periodic pest control treatment of the Premises and shall give Tenant a copy of the notice
originally given to Landlord by the pest control company.
26.MEGAN’S LAW DATABASE DISCLOSURE:Notice: Pursuant to Section 290.46 of
the Penal Code, information about specified registered sex offenders is made available to
the public via an Internet Web site maintained by the Department of Justice at
www.meganslaw.ca.gov. Depending on an offender’s criminal history, this information
will include either the address at which the offender resides or the community of residence
and ZIP Code in which he or she resides. (Landlord is not required to check this website.
If Tenant wants further information, Tenant should obtain information directly from this
website.)
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27.MOLD AND MILDEW WARNING NOTICE: Mold and mildew may be injurious to
one’s health; therefore, Tenant acknowledges that: (a) Tenant has inspected the Premises,
and every part thereof, at the outset of the tenancy; (b) Tenant has found no signs of
moisture, mold or mildew therein; (c) Tenant shall: (i) keep the Premises well-ventilated,
clean and dry any signs of mold or mildew from all surfaces, (ii) promptly notify Landlord
of any dampness (from leaks, overflows, water intrusion, etc.); and (iii) promptly notify
Landlord of any mold, as well as any malfunction of ventilation, air conditioning or heating
systems. Tenant shall be liable for any costs, expenses, injuries, damages and claims that
may result from any failure to perform the foregoing duties.
28.TOXIC SUBSTANCE WARNING: Landlord is required to give you notice that areas
on this property contain or may contain one or more of some 700 + toxic substances and
chemicals substances, such as swimming pool disinfectant, cleaning substances,
automobile exhaust fumes, barbeque or second-hand cigarette smoke, laundry room fluids
or emissions, lead paint, asbestos, etc., known to the State of California to cause cancer,
reproductive toxicity, birth defects and reproductive harm.
29.TENANT’S OBLIGATIONS UPON VACATING PREMISES:
A.Upon the expiration or earlier termination of this Lease, Tenant shall: (i) give
Landlord all copies of all keys or opening devices to Premises, including any
mailboxes, pools, gates, common areas and all garage door openers; (ii) vacate and
surrender Premises to Landlord, empty of all personal property and persons;
(iii) vacate any/all parking and/or storage space; (iv) clean and deliver Premises to
Landlord in good and broom-clean condition; (v) remove all debris; and (vi) give
written notice to Landlord of Tenant’s forwarding address.
B.All alterations/improvements made by or caused to be made by Tenant and/or
Authorized Occupants, with or without Landlord’s consent, shall become the
property of Landlord upon the expiration or earlier termination of this Lease. At
Landlord’s discretion, Landlord may, but is not obligated to, restore the Premises
to the condition they were in prior to any alterations/improvements that were not
approved in writing by Landlord. In such a case, Tenant shall reimburse Landlord,
as additional Rent, within ten (10) days after written demand for costs of
restoration.
30.TEMPORARY RELOCATION:Subject to local law, Tenant agrees, upon demand of
Landlord, to temporarily vacate Premises for a reasonable period, to allow for fumigation
(or other methods) to control wood destroying pests or organisms, or other repairs to
Premises. Tenant agrees to comply with all instructions and requirements necessary to
prepare Premises to accommodate pest control, fumigation or other work, including
bagging or storage of food and medicine, and removal of perishables and valuables. Tenant
shall only be entitled to a credit of Rent equal to the per diem Rent for the period of time
Tenant is required to vacate Premises. Unless Landlord expressly agrees in writing to pay
relocation benefits, Tenant hereby waives any and all rights it may have to relocation
benefits under California law.
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31.DAMAGE:If, by no fault of Tenant, Premises are totally or partially damaged or
destroyed by fire, earthquake, accident or other casualty that render Premises totally or
partially uninhabitable, either Landlord or Tenant may terminate this Agreement by giving
the other written notice and Rent shall be abated as of the date Premises become totally or
partially uninhabitable. If the Premises is an apartment unit or condominium, then
Landlord may terminate this Lease upon written notice to Tenant if damage to the
apartment or condominium complex occurs which will cost in excess of 20% of the
replacement cost of the complex to repair. If this Lease is not terminated, Landlord shall
promptly repair the damage, and Rent shall be reduced based on the extent to which the
damage interferes with Tenant’s reasonable use of Premises. If damage occurs as a result
of an act of Tenant or Tenant’s guests, only Landlord shall have the right of termination,
and no reduction in Rent shall be made.
32.INSURANCE:Tenant’s, Authorized Occupant’s, or guest’s personal property and
vehicles are not insured by Landlord, manager or, if applicable, HOA, against loss or
damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or
any other cause. Tenant is advised to carry Tenant’s own insurance to protect Tenant from
any such loss or damage. Tenant shall comply with any requirement imposed on Tenant
by Landlord’s insurer to avoid: (i) an increase in Landlord’s insurance premium (or Tenant
shall pay for the increase in premium); or (ii) loss of insurance.
33.WAIVER:The waiver of any breach shall not be construed as a continuing waiver of the
same or any subsequent breach. Landlord does not waive any rights by accepting rent or
by failing to enforce any terms of this Lease. Landlord’s acceptance of rent with knowledge
that Tenant has violated the Lease shall not waive or affect Landlord’s right to evict Tenant.
34.NOTICES:Notices may be served at the following address, or at any other location
subsequently designated:
Landlord: City of Vernon
4305 South Santa Fe Avenue
Vernon, CA 90058
Attn: City Clerk
Tenant:To the Premises
35.TENANT ESTOPPEL CERTIFICATE:Tenant shall execute and return, from time to
time, a tenant estoppel certificate delivered to Tenant by Landlord, containing such
information regarding this Leaseand the Premises as Landlord may request, within five (5)
business days. Failure to comply with this requirement shall be deemed Tenant’s
acknowledgment that the tenant estoppel certificate is true and correct, and may be relied
upon by Landlord and a lender or purchaser.
36.TENANT REPRESENTATIONS; CREDIT REPORTS:Tenant warrants that all
statements in Tenant’s rental application are accurate, and Tenant hereby authorizes
Landlord to obtain Tenant’s credit report periodically during the tenancy in connection
with the modification or enforcement of this Lease. Landlord may cancel this Lease:
(i) before occupancy begins, upon disapproval of the credit report(s); or (iii) at any time,
upon discovering that material information in Tenant’s application is false. A negative
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credit report reflecting on Tenant’s record may be submitted to a credit reporting agency if
Tenant fails to fulfill the terms of payment and other obligations under this Agreement.
37.MEDIATION:
A.Subject to Section 37B below, Landlord and Tenant agree to mediate any dispute
or claim arising between them out of this Agreement, or any resulting transaction,
before resorting to court action. Mediation fees, if any, shall be divided equally
between Landlord and Tenant. If, for any dispute or claim to which this Section
applies, any party commences an action without first attempting to resolve the
matter through mediation, or refuses to mediate after a request has been made, then
that party shall not be entitled to recover its attorneys’ fees, even if they would
otherwise be available to that party in any such action.
B.The following matters are excluded from mediation: (i) an unlawful detainer action;
(ii) any matter within the jurisdiction of a probate, small claims or bankruptcy
court; (iii) an action for injunctive relief; (iv) an action for attachment.
38.ATTORNEYS’ FEES:In any action or proceeding arising out of this Lease, the prevailing
party between Landlord and Tenant shall be entitled to reasonable attorneys’ fees and costs,
except as provided in Section 37A above.
39.ENTIRE CONTRACT; SEVERABILITY; AMENDMENTS:All understandings
between the parties are incorporated in this Lease. The terms are intended by the parties
as a final, complete and exclusive expression of their agreement with respect to its subject
matter, and may not be contradicted by evidence of any prior agreement or
contemporaneous oral agreement. If any provision of this Lease is held to be ineffective
or invalid, the remaining provisions will nevertheless be given full force and effect.
Neither this Agreement nor any provision in it may be extended, amended, modified,
altered or changed except in writing.
40.TERMINATION OF EXISTING LEASE (If checked): Upon the Commencement
Date, the existing Leasebetween Landlord and Tenant dated ___________ shall terminate.
41.LANDLORD IS ACTING IN ITS PROPRIETARY CAPACITY (NOT
GOVERNMENTAL CAPACITY): In entering into this Lease, Landlord is acting in its
proprietary capacity as a party to a contract, and not in its governmental capacity;
consequently, nothing in this Lease shall be construed to modify or waive Landlord’s rights
in its governmental capacity, all of which are hereby reserved.
42.INDEMNITY: Tenant shall defend, indemnify and hold Landlord harmless from and
against any and all claims, liabilities, Leases, damages, costs and expenses arising from, or
relating to, any act or omission by Tenant or any Authorized Occupant, or guest, licensee,
contractor, sublessee or assignee of Tenant, in, on or about the Premises.
43.TIME OF ESSENCE: Time is of the essence of each and every provision of this Lease
in which time is a factor.
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44.EXECUTION IN COUNTERPARTS: Counterpart originals of this Lease may be
executed, each of which, and all of which together, shall constitute one and the same
agreement.
45.POSSESSORY INTEREST TAX: Landlord hereby informs Tenant that a form of
property tax called a “possessory interest tax” may apply to Tenant’s interest under this
Lease. Tenant shall pay all such possessory interest taxes, as assessed to Tenant, before
they become delinquent, and may submit proof of payment of such tax to Landlord for
prompt reimbursement.
46.WAIVER OF RELIEF FROM FORFEITURE: To the extent not prohibited by law,
Tenant hereby waives and agrees not to assert any rights or benefits under California Code
of Civil Procedure Section 1179 permitting a court to relieve a tenant from forfeiture of a
Lease and restore him to or her to tenancy in the case of “hardship”.
47.COMMISSION AUTHORITY TO AMEND: The VHC shall have the authority (but
not any obligation) to amend this Lease on behalf of the City; provided the amendment is
express, in writing and executed by the VHC Director and the Tenant.
48.Compliance With Laws: Neither Tenant, nor Tenant’s guests or invitees, shall violate any
law or commit or permit any waste, damage to, or nuisance in or about, the Premises, or in
any way annoy any other tenant, or operate any business in or about the Premises, or do or
keep anything in or about the Premises that will obstruct the common areas or usage
thereof, or increase Landlord’s insurance premiums.
49.Non-Curable Breach of Agreement: The following, by way of illustration and not
limitation, shall constitute a non-curable breach of this Agreement: (a) Police raid upon the
Premises resulting in the arrest and conviction of Tenant for possession/sale/storage of any
illegal narcotic/controlled substance/chemical or herbal contraband, in or about the
Premises, or for aiding and abetting any family member, occupant, guest or visitor in any
such activity; (b) Misrepresentation or material omission on Tenant’s Rental Application
vitiating the tenancy; (c) violation of paragraph 22 of this Lease.
50.Priority Right to Purchase Housing Units for Tenants Who First Leased a Housing
Unit on or before July 7, 2011: If Tenant first Leased and occupied the Premises on or
before July 7, 2011, regardless of the effective date of this Lease, and if the Premises is
offered for sale, Tenant shall have a priority right to purchase the Premises, subject,
however, to the California Attorney General approving of this grant of a priority right. If
the California Attorney General does not approve of the granting of this priority right, no
such priority right shall exist.
(Continued on Next Page)
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IN WITNESS WHEREOF, Landlord and Tenant have executed and delivered this Lease as of
the date first written above.
LANDLORD:CITY OF VERNON,
a California municipal corporation
By:
Carlos R. Fandino, Jr.
City Administrator and VHC Director
ATTEST:
Lisa Pope, City Clerk
TENANT:
Print Name:
Print Name:
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EXHIBIT “A”
PET AGREEMENT
(Attached; to be completed by Tenant, and executed and dated by Tenant and Landlord.)
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PET AGREEMENT
LANDLORD: _________________________________________________________________
TENANT: ____________________________________________________________________
PREMISES: __________________________________________________________________
DOG(S):CAT(S):
Breed(s): ____________________________Breed(s): ______________________________
Name(s): ____________________________Name(s): ______________________________
Tenant, in consideration of this agreement which is incorporated into the rental agreement, shall
abide by the following terms, each of which is material:
1. Pet(s) allowed: The only pet(s) which the tenant shall keep on the premises are described
above.
2. Repair and/or Replacement: Tenant shall either, at the sole election of the landlord,
repair in a workmanlike manner or reimburse the landlord for the costs of said repair,
upon a demand contained in a three day notice to perform or quit, any damages to the
premises or its furnishings and improvements, caused by the pet(s).
3. Dogs: Dogs must be neutered. Dogs must be leashed, at all times, outside the premises.
Dogs shall not be allowed to defecate on or about the premises. Any such defecation
must be immediately removed and either wrapped or bagged. Unwrapped defecation
shall not be placed in any trash container. Dogs must not bark or howl or in any way
become a nuisance or threat to the other tenants of the premises. Dogs shall be kept free
of fleas and tenant is responsible for the costs of any and all flea infestation treatment
which may be required, at the sole discretion of the landlord. Tenant represents that their
dog(s) is/are housebroken.
4. Cats: Cats must be neutered. Cats must be kept inside the premises at all times unless
the premises is a single family dwelling. A litter box must be maintained inside the
premises and it must be kept clean. Litter must be bagged before being placed into trash.
5. Feeding: No pet may be fed outside the dwelling unit except if the unit is a single family
dwelling, or fed over any uncovered carpeting.
6. Laws and ordinances: Tenant shall obey all pertinent laws and ordinances.
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7. Breach of Covenant: The breach of any covenant of this agreement, following the
service of a three day notice to perform or quit on the tenant, shall be deemed a material
breach of the rental agreement and will entitle the landlord to restitution of the premises,
and such other damages as may be recoverable pursuant to the terms of the rental
agreement.
8. Unattended Pet: No pet shall be left unattended for more than twenty-four hours. When
tenant is on vacation or away from the premises for more than twenty-four hours, the pet
must be taken to a pet care facility. Strangers to the tenancy shall not be allowed to enter
the premises to care for the pet.
9. Abandonment of Pet: Any pet left at the premises following either voluntary vacation by
the tenant or lockout pursuant to court order shall be deemed abandoned. The landlord
has no responsibility for the care, feeding, and maintenance of the pet, and may
immediately turn the pet over to any local animal control authority.
10. Complete Agreement: This is the complete agreement between the parties concerning
pet(s).
11. Modification of Agreement: This agreement may only be modified by an agreement in
writing signed by both parties.
12. Waiver: The acceptance of rent by the landlord from the tenant after a breach or
purported breach of this agreement shall not be considered a waiver of any covenant
herein.
13. Indemnity and Hold Harmless: The tenant shall indemnify the landlord and hold the
landlord harmless from any and all damages, inconveniences, and nuisance which may be
caused by the pet, and will reimburse landlord for all expenses occasioned thereby.
14. Liability insurance covering injuries or damages caused by Tenant’s pet(s), with a
minimum limit per incident as specified by Landlord, showing Landlord as an additional
insured, shall be purchased by Tenant and kept in effect during the tenancy on Landlord's
demand.
__________________________________________________________________
Tenant Date
__________________________________________________________________
Tenant Date
__________________________________________________________________
Landlord Date
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EXHIBIT “B”
RULES AND REGULATIONS
1.Landlord is not responsible for providing any security, and shall not be responsible for fire,
theft of personal property, including jewelry, money, apparel or other items in the Premises,
storage areas, carports, garages, common area or mailboxes.
2.No unnecessary noise is allowed at any time. All musical instruments, television sets,
radios, stereos, etc. are to be played only at a volume that does not disturb neighbors and
other residents.
3.All appliances including garbage disposal and dishwasher are to be operated only in
accordance with factory recommendations, instructions delivered to you or posted
instructions.
4.No alterations may be done without prior written consent from Landlord. Any drapes and
carpets must be given good care and kept free of spots, burns and other damage.
Notwithstanding the foregoing, if a Tenant paints a unit, upon move-out, the Tenant must
re-paint the unit in its original color, or will be held financially liable for the cost of re-
painting the unit.
5.Cost of repairs to or stoppage of, waste pipes or drains, water pipes, plumbing fixtures or
overflow therefrom caused by negligent or improper usage, or the introduction of foreign
articles or materials into the system, will be the responsibility of and must be paid for by
the Tenant.
6.With respect to apartments and condominiums, no rugs, towels, articles of clothing or other
such items are to be draped over the rails of balconies, and no mops or rugs are to be shaken
from same or through window openings.
7.The storage of gasoline or other combustibles is prohibited.
8.Residents are responsible for the conduct of their licensees, guests and contractors and the
adherence to these rules at all times. Intoxication, disorderly conduct, objectionable
language or other disturbance by residents or visitors are not permitted.
9.No trash or other material may be accumulated that will create a hazard or be in violation
of any health, fire or safety ordinance or regulation. Premises must be kept clean and
sanitary and free from objectionable odors.
10.Vehicles parked in violation of the Lease may be towed away at the Tenant’s expense.
11.If the Premises consists of an apartment or condominium unit, no personal belongings,
including bicycles, equipment or other items may be placed in halls, stairways or any
common areas except in areas where expressly allowed by posted signage.
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EXHIBIT “C”
EPA LEAD BASED PAINT DISCLOSURE FORM
(Attached; to be completed by Landlord, and executed and dated by Tenant.)
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Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards
Lead Warning Statement
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust
can pose health hazards if not managed properly. Lead exposure is especially harmful to young
children and pregnant women. Before renting pre-1978 housing, lessors must disclose the
presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees
must also receive a federally approved pamphlet on lead poisoning prevention.
Lessor’s Disclosure
(a)Presence of lead-based and/or lead-based paint hazards (check (i) or (ii) below):
(i)Known lead-based paint and/or lead-based paint hazards are present in the
housing (explain).
(ii)Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the
housing.
(b)Records and reports available to the lessor (check (i) or (ii) below):
(i)Lessor has provided the lessee with all available records and reports pertaining to
lead-based paint and/or lead-based paint hazards in the housing (list documents
below).
(ii)Lessor has no reports or records pertaining to lead-based paint and/or lead-based
paint hazards in the housing.
Lessee’s Acknowledgment (initial)
(c)Lessee has received copies of all information listed above.
(d)Lessee has received the pamphlet Protect Your Family from Lead in Your Home.
Agent’s Acknowledgment (initial)
(e)Agent has informed the lessor of the lessor’s obligations under 42. U.S.C. 4852d and is
aware of his/her responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their
knowledge, that the information they have provided is true and accurate.Premises:
_____________________________________________________________________
Lessor: City of Vernon By: Date:
Lessee Date Lessee Date
CITY ADMINISTRATION
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
Exclusively Industrial
July 1, 202X
<Tenant>
<Address>
Vernon, CA 90058
Re:Tenant(s) and Authorized Occupants in the City-Owned Housing Unit Located at <Address>
Dear Tenant:
According to your Residential Lease dated <date>(“Lease”) for the City-owned housing unit located at
3550 Vernon Avenue, Vernon California (“Premises”), the following individuals are listed as either a
Tenant and/or Authorized Occupants:<Authorized Occupants>.
Please confirm that the above-referenced <Authorized Occupants>continue to reside at the Property by
completing the attached form.
Pursuant to Section 1(B) of the Lease, the Premises are for the sole use as a personal residence by the
Tenant(s)and the Authorized Occupant(s). An Authorized Occupant is not a partyto the Lease. If a Tenant
listed on the Lease no longer resides on the premises, the City must be notified immediately. If the
Authorized Occupant(s) listed above have changed, the Lease must be amended to include the name(s) of
the proposedoccupant(s),subject to afullbackground checkforeach proposed new occupantat the expense
of the Tenant. Please identify any proposed additional occupants on the attached form.
Authorized Occupant form(s) must be returned by July 15, 202X to:
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: City Housing
Please note that if you do not provide the information as requested and comply with all applicable Lease
requirements, you may be found in breach of a material obligation under this Lease. If you have any
questions or require any further information, please contact City Housing at (323) 826-1472, or
housing@ci.vernon.ca.us
Sincerely,
Carlos R. Fandino Jr.
City Administrator/Housing Commission Director
ADDITIONAL OCCUPANTS
Lessee:<Tenant>
Address: <Address>
Authorized Occupants Pursuant to Section 1(B) of your Lease: <Authorized
Occupants>
Additional Occupants (Including Children)? Please Mark One:
NO ADDITIONAL OCCUPANTS
AUTHORIZED OCCUPANTS NO LONGER RESIDE AT THE PROPERTY
ADDITIONAL OCCUPANTS ARE LISTED BELOW
Acknowledgement: By my signature below, I confirm that the information provided
on this Additional Occupants Form is correct as of this date, and that submission
of this Form does not guarantee City authorization of any proposed new
occupant(s).
___________________________________________________________
Name Signature Date
Complete all information for each proposed additional occupant.
Full legal name must include generation title if applicable (Jr., Sr., III).
Full legal address must include zip code.
1. Full Legal Name: ____________________________________________________
Social Security #: ________________________ Date of Birth: _______________
Driver’s License #: _______________________ Age: ______________________
Full Legal Address: ___________________________________________________
Relationship to Applicant: ______________________________________________
2. Full Legal Name: ____________________________________________________
Social Security #: ________________________ Date of Birth: _______________
Driver’s License #: _______________________ Age: ______________________
Full Legal Address: ___________________________________________________
Relationship to Applicant: ______________________________________________
3. Full Legal Name: ____________________________________________________
Social Security #: ________________________ Date of Birth: _______________
Driver’s License #: _______________________ Age: ______________________
Full Legal Address: ___________________________________________________
Relationship to Applicant: ______________________________________________
Vernon Housing Commission Agenda Item Report
Agenda Item No. COV-342-2020
Submitted by: Daniel Wall
Submitting Department: Public Works
Meeting Date: October 14, 2020
SUBJECT
Tour of City-Owned Properties
Recommendation:
Visitation of various City-owned properties to familiarize the Commission with current conditions. Tour to
commence from Vernon City Hall with various stops throughout the City at City-owned properties. Those
wishing to participate should convene at City Hall or at the stops as indicated in the agenda item report.
Background:
At its September 9, 2020 meeting, the Housing Commission scheduled a special meeting to tour
City-owned housing. The purpose of the tour is to orient new Commissioners to the City's housing stock
and allow the Commission to see the current status of the housing.
The tour will depart City Hall at approximately 9:15 a.m. Following are the tour stops and estimated
times:
9:15 a.m. Depart City Hall
9:20 a.m. 4324 Furlong Place
9:50 a.m. 3550 Vernon Avenue
10:20 a.m. 50th Street Apartments
10:50 a.m. 3361 Fruitland Avenue
11:30 a.m. Return to City Hall
The public is invited to join the Commission on the tour or at any of the proposed stops.
Fiscal Impact:
There is no fiscal impact associated with this report.
Attachments: