CALIFORNIA RESIDENTIAL LEASE/RENTAL AGREEMENT
For Sea Ranch Abalone Bay Vacation Rental
36905 Green Cove Dr.
The Sea Ranch, CA 95495
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LANDLORD:
Donna Martinez
586 Peppertree Dr., Windsor, CA 95492
(707) 490-8291
Donna@searanchabalonebay.com
TENANT: Person(s) named in the subject rental communication and QUOTE
PROPERTY ADDRESS:
36905 Green Cove Dr.
The Sea Ranch, CA 95495
LEASE AGREEMENT: THIS LEASE AGREEMENT (“Lease”) is made on _____ between Donna Martinez (“LANDLORD”), and_______ (whether one or more, “TENANT”).
Summary
| Premises | 36905 Green Cove Dr. The Sea Ranch, CA 95497 (Unit 18-Lot 78) |
| Lease Start Date | Date- 4PM |
| Lease End Date | Date- 11AM |
| Gross Monthly Rent = 25% of total time booked. | |
| Total Rent Due Date | 30 days prior to check-in |
| Security Deposit 50% of total booking to reserve | $— (31 night term)/$— up to 2 months |
| Accepted Forms of Payment | Personal check, money order, certified funds or online eCheck (Paypal or Zelle) |
| Make Rent Payable to | Donna Martinez |
| Payment Mailing Address | |
| Web Address Telephone Number | SeaRanchAbaloneBay.com (707) 490-8291 donna@SeaRanchAbaloneBay.com |
1. RENTAL AMOUNT: TENANT agrees to pay LANDLORD the sum as specified in the subject Quote for the Term of this Agreement as specified in Section 2. below. Said rental payment shall be mailed by TENANT to LANDLORD or designated agent to the following location: —-. For purposes of payment, if the Term is 31 nights, it shall be considered one month divided in 30-night “monthly” segments, ending with a “fractional last month” however the maximum lease period shall not exceed 61 days. Rent must be received by LANDLORD, or designated agent, 30 days prior to each monthly segment in order to be considered in compliance with the terms of this agreement. The payment applicable to the fractional last month shall be combined with the payment for the last full month. In addition to monthly fees, Tenant shall also pay an end of lease cleaning fees as detailed in the Quote.
2. TERMs: The premises are leased from 4:00 PM on the arrival date to 11:00 AM on the departure date as specified on the Quote.
2.1 GENERAL WEEKLY HOUSEKEEPING & SPA SERVICE INCLUDED: LANDLORD provides weekly general cleaning during TENANT’s stay. Service day will be arranged with TENANT. Provided cleaning does not include interiors of cupboard/refrigerator, and laundry. TENANT will maintain provided linens, towels, and robes clean and stain free. Laundry products are provided. Mid-term spa service will be provided by LANDLORD’s Contracted Service Company and arranged with TENANT.
2.2 MOVE-OUT: Upon termination of the tenancy as specified on the Quote, Resident shall
(a) timely vacate and remove all persons and personal property from the Premises and from all Parking Spaces, Garages, and storage spaces provided under the Lease,
(b) return any keys, key fobs and/or remotes that were provided to TENANT at move-in, and
(c) provide LANDLORD with Resident’s forwarding address. TENANT also agrees to be subject to and comply with the following in addition to any applicable provisions for move-out contained in the digital Sea Ranch Abalone Bay Guest Guidebook (the “Guidebook”):
- TENANT will return the Premises to LANDLORD in its original condition, exclusive of ordinary wear, and is responsible for the cost to repair any damage to the Premises beyond “ordinary wear and tear.”
- The Premises must be returned as clean as the day TENANT moved in.
- TENANT will be responsible only for removing TENANT’s belongings, trash and debris. If TENANT leaves trash behind, TENANT will be charged for the cost of the trash removal.
- Additional costs may be incurred for loss and/or damage beyond ordinary wear and tear, including without limitation, stains, carpet dye and carpet replacement.
3. SECURITY DEPOSITS: TENANT shall deposit with landlord the sum of $5000 if the Term is 30 nights or $—- if the Term is longer than 30 nights, as a Security Deposit to secure TENANT’S faithful performance of the terms of this lease. After all the TENANTS have left, leaving the premises vacant, the LANDLORD may use the security deposit for (a) repairs of damage caused by tenants; (b) fees paid to third parties to remedy inconveniences (e.g., clogged toilet); (c) penalties (e.g., for garbage littering) caused by tenants; (d) extra cleaning of the premises, if deemed necessary; (e) remedy of any unusual wear and tear to the premises or common areas (e.g., careless stains in carpeting or upholstery); (f) overages (e.g., for Internet services); or (g) any rent or other amounts owed pursuant to the lease agreement (e.g., caused by late departure for any reason) or pursuant to Civil Code Section 1950.5. TENANT may not use said deposit for rent owed during the term of the lease. Within 21 days after the TENANT vacated the premises, LANDLORD shall furnish TENANT a written statement indicating any amounts deducted from the security deposit and return the balance to the TENANT. The amount of $2500 of this Security Deposit will be forfeited in case of cancellation by TENANT more than 30 days prior to the agreed-upon arrival date.
4. PAYMENTS: Receipt of the Security Deposit will hold the premises off the rental market for the lease period. The first month’s rent payment, as specified in item 1. above, shall be received 30 days prior to the arrival date. Payment for each subsequent month of this agreement, in the amounts specified in item 1. above, shall be received in 30-day increments thereafter. Said payments shall be made in the form of check, money order, or cashier’s check, mailed with regular 1st-class (Priority) USPS mail – whereby recipient’s signature shall not be required for receipt of these check mailings. Payments may also be transferred to LANDLORD’s PayPal account at —-, whereby a 3% PayPal transaction fee co-pay shall be added, unless the transfer is done via the “Friends and Family” feature from the TENANT’s PayPal “account balance,” which involves no transaction fees. Payments may also be made by Zelle to LANDLORD at 707-490-8291.
5. LATE CHARGE/BAD CHECKS: A late charge of 6% of the current rental amount shall be incurred if rent is not paid when due. If rent is not paid when due and landlord issues a ‘Notice to Pay Rent or Quit,’ TENANT must tender cash or cashier’s check only. If TENANT tenders a check or payment which is dishonored by a banking institution, then TENANT shall only tender cash or cashier’s check for all future payments. This shall continue until such time as written consent is obtained from LANDLORD. In addition, TENANT shall be liable in the sum of $100 for each check that is returned to LANDLORD because the check has been dishonored.
6. OCCUPANTS: The premises shall not be occupied by more than 6 persons, including children. UNDER NO CIRCUMSTANCE SHALL THERE BE MORE THAN 6 (SIX) PERSONS IN THE PREMISES FROM 10:00 PM to 7:00 AM AT ANY ONE TIME. However, TENANT may from time to time wish to invite friends over for informal visits. Between 7:00 AM and 10:00 PM, a total head-count not to exceed 9 (nine) people, including TENANTS, is permitted for such occurrences.
7. SUBLETTING OR ASSIGNING: TENANT agrees not to assign or sublet the premises or any part thereof without prior written permission from LANDLORD. TENANT is the sole person responsible for this lease. It is understood that TENANT may not occupy the premises during each night of the leased term; however, TENANT, or his/her spouse, shall be present during each night when the house is occupied by TENANT’s group.
8. UTILITIES: LANDLORD shall pay for electricity, water, garbage (up to one can per week), Internet, and TV. The typical charges for all of these services are about $450 per month. While not anticipated, if there are significant additional charges beyond the expected amount of $450 per month (“Overages”), these will be billed to the TENANT for payment, with related invoices for documentation. TENANT agrees that LANDLORD will not compensate TENANT for utility or Internet outages out of LANDLORD’s control.
9. PARKING: STREET PARKING IS PROHIBITED WITHOUT A SEA RANCH PARKING HANG TAG AT ANY TIME by The Sea Ranch Homeowner Association rules.
(a) TENANT receives 2 (two) parking Hang Tags that allow for parking in the Street.
(b) TENANT may park up to 1 (one) vehicle in the garage of the premises. TENANT may also park up to 1 (one) vehicle in the screened parking-area of the premises.
(c) TENANT will provide LANDLORD with license plate numbers of each car that is parked at the house. Temporary parking of one or more of these vehicles in the driveway is permitted but subject to constraints of The Sea Ranch Homeowner Association rules.
(d) TENANT may use this space exclusively for parking of passenger automobiles only. No RVs or other recreational vehicles may be parked at the property. No other type of vehicle or item may be stored in this space without prior written consent of LANDLORD.
(e) TENANT may not wash, repair, or paint in the garage or driveway area of the premises. Only vehicles that are operational and currently registered may be parked in this space.
(f) Any vehicle that is leaking any substance must not be parked anywhere on the premises.
10. CONDITION OF PREMISES: TENANT promises to keep the premises in a neat and sanitary condition and to immediately reimburse landlord for any sums necessary to repair any item, fixture or appurtenance that needed service due to TENANT’S, or TENANT’S invitees’, misuse or negligence. TENANT shall be responsible for the cleaning or repair to any plumbing fixture where a localized stoppage has occurred. TENANT shall also be responsible for repair or replacement of the garbage disposal or dishwasher where the cause has been a result of bones, grease, pits, or any other item that normally causes blockage of the mechanism.
11. ALTERATIONS: TENANT shall not make any alterations to the premises, including but not limited to installing aerials, lighting fixtures, dishwashers, washing machines, dryers or other items without first obtaining written permission from LANDLORD. TENANT shall not change or install locks, paint, or wallpaper of or in said premises without LANDLORD’S prior written consent. TENANT shall not place placards, signs, or other exhibits in a window or any other place where they can be viewed by the general public.
12. NOISE AND DISRUPTIVE ACTIVITIES: TENANT or his/her guests and invitees shall not disturb, annoy, endanger or inconvenience neighbors, the LANDLORD or his agents, or workmen, nor violate any law The Sea Ranch Homeowner Association rules and covenants, nor commit or permit waste or nuisance in or about the premises. Specifically, TENANT shall observe The Sea Ranch Rules which address light pollution, noise nuisance, littering, pets, smoking, and parking.
12.1 QUIET HOURS: The Sea Ranch Quiet Hours are between 9 p.m. and 7 a.m. every day. Always, and especially during Quiet Hours, TENANT will conduct indoor and outdoor activities in a prudent and respectful manner that will not be disturbing neighbors, especially during quiet hours. Maximum quiet hours decibels are 55dBA, about equal to a conversation from 3 feet away. Rule 6.6.03 of The Sea Ranch Association.
12.2 NOISE MONITOR/SECURITY CAMERAS: The property has security cameras at the entry door and outside the perimeter of the property. The owner meters the level of noise inside and outside the property and will advise the Tenant if the noise level exceeds 50dB. Noise monitor and security cameras shall remain installed and functional during the term of this lease.
13. LANDLORD’S RIGHT OF ENTRY: LANDLORD or LANDLORD’S agent may enter and inspect the premises during normal business hours and upon reasonable advance notice of at least 24 hours to TENANT. LANDLORD is permitted to make all alterations, repairs and maintenance that in LANDLORD’S judgment are necessary to be performed. In addition, LANDLORD has all right to enter pursuant to Civil Code Section 1954. If the work performed requires that TENANT temporarily vacate the premises, then TENANT shall vacate for this temporary period upon being served a 7-day notice by LANDLORD. TENANT agrees that in such event that TENANT will be solely compensated by a prorated corresponding reduction in rent for those many days that TENANT was temporarily displaced. If the work to be performed requires the cooperation of TENANT to perform certain tasks, then those tasks shall be performed upon serving 24 hours written notice by LANDLORD. (EXAMPLE: removing food items from cabinets so that the premises may be repaired, fumigated or alike).
14. REPAIRS BY LANDLORD: Where a repair is the responsibility of the LANDLORD, TENANT must notify LANDLORD with a written notice stating what item needs servicing or repair. TENANT must give LANDLORD a reasonable opportunity to service or repair said item. TENANT acknowledges that rent will not be withheld unless a written notice has been served on LANDLORD giving LANDLORD a reasonable time to fix said item within the meaning of Civil Code Section 1942. Under no circumstances may TENANT withhold rent unless said item constitutes a substantial breach of the warranties of habitability as stated in Code of Civil Procedure Section 1174.2. If an urgent maintenance necessity arises and requires immediate access to the premises, LANDLORD shall make a reasonable attempt of advance notice but shall then have the right to enter the premises during normal business hours.
15. HOUSEKEEPING PROVIDED BY LANDLORD: Weekly general housekeeping on a prearranged day by TENANT will be completed LANDLORD’s staff. Cleaning does not include laundry.
16. PETS: Up to two dogs are allowed. An added monthly fee of $80 per pet will be added to the monthly Rental Rate. No other pets are accepted. TENANT is responsible to maintain the house and garden free of pet feces. Pets are to remain off of the furniture. TENANT may be charged the cost to spot clean or completely clean carpets due to excessive spotting and/or pet odor.
17. FULLY FURNISHED: The Premises come fully furnished and with amenities.
17.1 FURNISHINGS: For the avoidance of doubt, no liquid filled furniture of any kind (e.g., a water bed, fish tank, or alike) may be kept on the premises. In addition, TENANT must also be in full compliance with Civil Code Section 1940.5. TENANT shall not install or use any washer, dryer, or dishwasher that was not already furnished with the premises.
17.2 AMENITIES: LANDLORD provides many amenities for the comfort and enjoyment of the TENANT.
Bedroom/ Bath amenities include:
Linens, towels, robes, blankets, hangers.
Shower dispenser of Papaya products: shower gel, shampoo, cream rinse, plus container of liquid hand soap.
Hair dryer in each bathroom
Makeup towels
Non-slip mats for bath tub
Kitchen amenities include: large major kitchen appliances.
Also available are the following small appliances and kitchen tools:
Microwave
Ninja Foodi 10-in-1 XL Pro Air Fry Oven
Instapot
Toaster
Icemaker
Food preparation and cooking tools
Pots and pans, including Dutch Oven, Roasting Pan
Casserole
Starter Oil, container of multi-spices
Dishes and silverware
Serving bowls and plates
Plastic food storage containers
Wooden bowls
Cutting boards
Coffee makers: Electric, French, stovetop espresso
Electric water kettle
Glassware and barware
Blender
Tenant will need to provide own food preparation products including spice and oils.
Starter set of Kitchen cleaning products is provide.
Laundry amenities include: small in unit washer and dryer plus a larger set in the garage. TENANT will need to provide own laundry products.
Entertainment amenities include:
3 TVs with remotes (living room, principal bedroom, game room)
1 DVD player,
Games, puzzles, dice, cards, Books
18. INSURANCE: TENANT is advised to maintain a personal property insurance policy to cover any losses sustained to TENANT’s personal property or vehicles. It is acknowledged that LANDLORD does not maintain an insurance to cover personal property damage or loss caused by fire, theft, rain, water overflow/leakage, acts of GOD, and/or any other causes. Specifically, TENANT IS ADVISED that, due to the location of the premises in an area considered by insurance carriers as prone to wildfires, the fire insurance for the premises does not include personal property of any kind. It is acknowledged that TENANT’s insurance policy may solely indemnify TENANT for any losses sustained. TENANT’s failure to maintain such a policy shall be a complete waiver of TENANT’s right to seek damages against LANDLORD for the above stated losses. The parties acknowledge that the premises are not to be considered a security building which would hold LANDLORD to a higher degree of care.
19. ASSUMPTION OF RISK, SAFETY AND LIABILITY ADVISORIES: TENANT’s use of the premises is at TENANT’s own risk. Any persons using the recreation center, common areas, pool, hot tubs or sauna should do so at their own risk and LANDLORD assumes no responsibility for accident or injury. No one should swim alone and TENANT holds LANDLORD harmless from any and all bodily injury and/or property damage incurred on the property. TENANT understands that no special efforts have been made to “childproof” the Unit and accepts the risk of harm to any children that TENANT allows in the Unit and on the property. These risks include but are not limited to the ocean, cliffs, wildlife, pool, hot tub, adjacent streets, cleaning supplies in the Unit, plants in the Unit or outside the Unit that may be poisonous and use of the patio and courtyard.
(a) Ocean bluff: The Sea Ranch Abalone Bay house is about 50 yards from the ocean bluff edge. The ocean bluff rises between 30-40 feet above the open ocean with the rocks below. The bluff is not fenced. THE COURTYARD FENCES ARE NOT LOCKED. PLEASE KEEP ALL CHILDREN AND PETS UNDER CONSTANT SUPERVISION WHILE AT THE PROPERTY. PLEASE BE GENERALLY AWARE OF THE DANGERS OF UNLOCKED COURTYARD AND UNFENCED CLIFFS. SERIOUS INJURY OR DEATH CAN RESULT FROM FALLING OFF THE CLIFF. LANDLORD SHALL NOT BE RESPONSIBLE FOR SUCH LOSS.
(b) Use of Equipment, Slippery Decks and Pavement: LANDLORD and their agents are not responsible for personal injury or loss, theft or damage to TENANTS belongings due to causes outside of LANDLORD’s or their Agents’ control, or due to unsafe use of the premises and amenities, including but not limited to the Hot tub, shower stalls, gas fireplaces, gas grill, dishwasher, microwave, kitchen range and oven, and view decks, which may function differently than expected, and uses of which are ALWAYS AND UNCONDITIONALLY AT TENANT’S OWN RISK. Wooden decks can be slippery when wet. Diving into hot tubs and/or pools is highly dangerous and could result in injury and/or death.
CONCOMITANT WITH TENANTS RENTAL OF ABALONE BAY, TENANT AGREES TO HOLD LANDLORD HARMLESS IN THE EVENT OF RELATED INJURY OR LOSS, OR OF THEFT OR DAMAGE OF TENANT’S OR LANDLORD’S PROPERTY.
(c) Sports Equipment: TENANTS are not permitted to use LANDLORD’s sports equipment or other gear that may be left in the garage. TENANTS may store their personal sports equipment (including golf clubs and bicycles) in the Garage.
(d) Gas Grill: TENANTS are permitted to use the gas grill at their own risk. IT MUST REMAIN ON THE FIREPROOF PAD located at least 10 feet from the house When in use, the grease catcher must in place and operable. Guest may not use their own barbecue.
(e) Fire Safety. No open fires or burning candles are allowed anywhere in The Sea Ranch development. Guest may use the flameless, battery-operated candles or flashlights provided. No fireworks or pyrotechnics of any type (e.g., gender revel explosions) allowed anywhere in The Sea Ranch development. Fire extinguishers are located in the kitchen next to the refrigerator and in the closet closest to the kitchen.
(f) Fireplace Rules. The Unit has a gas fireplace that is operated by a remote. Loss or damage of the remote will be assessed replacement costs to the TENANT.
(g) Heat and Air Conditioning. TENANT is reminded to keep thermometer for central heater set no higher than 72 degrees. The gas fireplace does provide added heat to the house but will not heat the bedrooms. The Unit has no air conditioning. Generally, the summer weather is cool with the onshore flow of the fog. By opening the windows, the Unit is readily cooled. Should it be unusually warm, ventilating fans are available.
(h) Internet, Satellite and Cable. If for any reason internet service goes out, LANDLORD will do everything possible to have service restored. However, LANDLORD does not guarantee the timing of restoring internet, satellite or cable service. No rent reimbursement shall be paid for loss of service.
(i) Garbage Rules. TENANT does not need to move garbage cans to the street. Instead, garbage collectors will pick up from their normal storage locations. Large garbage containers are stored in the shed. Should Guest’s trash volume exceed the Unit’s cans, TENANT will be required to bring the trash home or deposit it at the Annapolis Transfer Station, 33549 Annapolis Rd., 5mi inland of Hwy 1, near The Sea Ranch. TENANT must check the shed is securely latched at all times; otherwise, raccoons and other animals will enter and spread garbage around the yards. TENANT will be responsible for any clean up associated with failure to secure the shed latch.
(j) Wildlife Rules. Sea Ranch Abalone Bay is surrounded by meadows and woods. As such, TENANT may encounter various insects and wildlife traditionally found in a natural environment. LANDLORD employs year-round pest control services and requests that TENANT does not feed the wildlife. For the protection of TENANT and any pets, TENANT shall not feed pets outside. LANDLORD does not accept any responsibility for any personal injury or property damage caused by wildlife or insects.
(k) Courtyard garden and house perimeter. Plant and yard care is managed by the LANDLORD’S gardener.
(l) Internet Access/Downloading. TENANT shall receive internet access prior to arrival. By signing this Agreement, TENANT agrees that any illegal downloading during TENANT’s stay shall be the responsibility of the TENANT.
(m) Commercial Use of the House. Guests have a right to film and take pictures of themselves at our property, for their own private use, but they may not distribute those pictures or films in any way, for compensation or not, without our express written consent. Failure to abide by this requirement may result in a claim for compensation to the LANDLORD from the TENANT for use of the property in this manner.
20. PRIVACY POLICY: LANDLORD respects the privacy of every individual who applies to rent the Unit. LANDLORD only processes and uses the personal information obtained from TENANT for the specific business purposes that TENANT has authorized in connection with this transaction and based on this Agreement. LANDLORD does not sell any customer information to third parties.
21. TERMINATION OF LEASE/RENTAL AGREEMENT: This lease has a fixed term pursuant to paragraph 2 herein. Should TENANT terminate this Lease/Rental Agreement at any time between 30 days prior to the start of the fixed term and before the expiration of the fixed term, TENANT shall pay 50% of all remaining rent coming due hereunder, plus TENANT shall surrender/forego return of the Security Deposit. If TENANT fails to vacate the premises by 11:00 AM on the last day of the fixed term, for any reason whatsoever, TENANT shall pay LANDLORD at minimum the sum of $600 for each night of continued occupancy, plus the cost for eviction proceedings if LANDLORD deems such proceedings necessary.
22. POSSESSION: If premises cannot be delivered to TENANT on the agreed date due to loss, total or partial destruction of the premises, weather conditions preventing access to the premises by LANDLORD or his hired cleaning personnel, or failure of previous TENANT to vacate, the parties agree to postpone the lease period by the affected number of nights, if the postponement totals less than five nights and is clearly caused by weather rendering access to and from the premises impossible; or, if required postponement is five or more nights, either party may terminate this agreement upon written notice to the other party at their last known address. It is acknowledged that either party shall have no liability to each other except that all sums paid to LANDLORD will be immediately refunded to TENANT.
23. ABANDONMENT: It shall be deemed a reasonable belief by the LANDLORD that an abandonment of the premises has occurred when, within the meaning of Civil Code Section 1951.2, rent has been unpaid for 14 consecutive days and the TENANT has been absent from the premises for these 14 consecutive days. In that event, LANDLORD may serve written notice pursuant to Civil Code Section 1951.2. If TENANT does not comply with the requirements of said notice in 18 days, the premises shall be deemed abandoned.
24. WAIVER: LANDLORD’s failure to require compliance with the conditions of this agreement, or to exercise any right provided herein, shall not be deemed a waiver by LANDLORD of such condition or right. LANDLORD’s acceptance of rent with knowledge of any default under agreement by TENANT shall not be deemed a waiver of such default, nor shall it limit LANDLORD’s rights with respect to that or any subsequent right. If is further agreed between the parties that the payment of rent at any time shall not be a waiver to any UNLAWFUL DETAINER action unless LANDLORD in writing specifically acknowledges that this constitutes a waiver to the UNLAWFUL DETAINER action.
25. VALIDITY/SEVERABILITY: If any provision of this agreement is held to be invalid, such invalidity shall not affect the validity or enforceability of any other provision of this agreement.
26. ATTORNEY FEES: In the event action is brought by any party to enforce any terms of this agreement or to recover possession of the premises, the prevailing party shall recover from the other party reasonable attorney fees. It is acknowledged, between the parties, that jury trials significantly increase the costs of any litigation between the parties. It is also acknowledged that jury trials require a longer length of time to adjudicate the controversy. On this basis, all parties waive their rights to have any matter settled by jury trial.
27. NOTICES: All notices to the TENANT shall be deemed served upon mailing by first class (Priority) mail, addressed to the TENANT, at the subject premises or upon personal delivery to the premises whether or not TENANT is actually present at the time of said delivery. A copy of the notices shall be emailed and mailed to TENANT’s addresses given at the top of this agreement. All notices to the landlord shall be served by emailing to donna@searanchabalonebay.com followed by mailing.
28. PERSONAL PROPERTY OF TENANT: Once TENANT vacates the premises, LANDLORD shall store all personal property left in the unit for 18 days. If within that time period, TENANT does not claim said property, LANDLORD may dispose of said items in any manner LANDLORD chooses. LANDLORD is not required to make any effort to find or ascertain to whom an item left behind might belong.
29. ADDITIONAL RENT: All items owed under this lease shall be deemed additional rent.
30. APPLICATION: All statements in TENANT’S application must be true, or this will constitute a material breach of this lease.
31. GOVERNING LAW: This Lease and all transactions contemplated by this Agreement shall be governed by and construed and enforced in accordance with the law of the State of California. Any civil action or legal proceeding arising out of or related to this Agreement shall be brought in the courts of record in the State of California in Sonoma County.
32. MEGAN’S LAW: 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.
Notice: The California Department of Justice, sheriff’s departments, police departments serving jurisdictions of 200,000 or more and many other local law enforcement authorities maintain for public access a data base of the locations of persons required to register pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. The database is updated on a quarterly basis and a source of information about the presence of these individuals in any neighborhood. The Department of Justice also maintains a Sex Offender Identification Line through which inquiries about individuals may be made. This is a “900” telephone service. Callers must have specific information about individuals they are checking. Information regarding neighborhoods is not available through the “900” telephone service.
33. ADDITIONAL TERMS:
(a) Landlord will leave 6 (six) Sea Ranch guest passes and 2 (two) parking hang tags on the dining room table. The Parties acknowledge and agree that, due to the Covid-19 pandemic or other reasons out of control of LANDLORD, access to certain Sea Ranch Association Recreation Centers and surrounding community may from time to time be unavailable. Accordingly, this Agreement is not contingent on any or all amenities being available. No reduction of rent, rebate, or refund will be issued due to closure of any recreation centers and/or other HOA community amenities.
(b) Tenants shall at all times abide by all Sea Ranch Home Owner Association Rules and other covenants, as may be attached hereto. If fines are assessed for any non-compliance with these Rules, all penalties shall be paid by TENANT or their guests, and LANDLORD shall be kept unharmed. Any fine or penalty assessed but not paid by TENANT before the end of this lease shall be paid by LANDLORD from TENANT’s Security Deposit account. If the Security Deposit, after subtraction of indemnification for items covered under Section 3 of this Agreement, is insufficient to cover such fines, TENANT shall be liable to reimburse such additional amount to LANDLORD within 21 days following the termination of this lease.
(c) Except for mailing payment checks and legal notices, the parties agree to use email (not “text” messages) for all communication.
(d) Up to two outside Security Cameras shall remain installed and functional during the term of this lease.
(e) Decibel sound sensors inside and outside of the house shall remain installed and functional at all times.
(f) LANDLORD is keeping personal items in 4 (four) distinct areas of the Premises: (1) the locked left side of the 2-car garage ; (2) a locked storage closet in the garage utility room; (3) a locked closet in the principal bedroom opposite the bathroom; (4) the closed but unlocked space next to the laundry units in the utility room of the garage. These spaces and items are to be honored as personal to LANDLORD and shall not be used or tampered with by TENANT.
(g) TENANT may arrange furniture as practical for TENANT’s needs but will rearrange all furniture to the original position before departure.
(h) LANDLORD has all arrival and departure details in the digital Sea Ranch Abalone Guidebook. Landlord will review and communicate all arrival details about two weeks prior to the scheduled beginning date of the rental term.
(i) In accordance with The Sea Ranch rules and CC&Rs, the premises are being leased exclusively for residential use purposes. Activities that require visits of clients at the leased premises are prohibited. This includes weddings.
34. ENTIRE AGREEMENT: The foregoing agreement, including any attachments incorporated by reference, constitute the entire agreement between the parties and supersedes any oral or written representations or agreements that may have been made by either party. Further, TENANT represents that TENANT has relied solely on TENANT’S judgment in entering into this agreement. TENANT acknowledges having been advised to consult with independent legal counsel before entering into this Agreement and has decided to waive such representation and advice. TENANT acknowledges that TENANT has read and understood this agreement and has been furnished a duplicate original.
This Agreement is an integral part of the arrangement between TENANT and LANDLORD with regard to the Lease/Rental as evidenced by TENANT’s payment of the Security Deposit.
SIGNATURES
TENANT:
LANDLORD: Donna Martinez
About The Sea Ranch
The Sea Ranch is a community bound by a shared vision of respect for the natural environment. Leesees are also expected to be bound to this shared vision.
- The appearance of The Sea Ranch derives from deliberate decisions to follow the guidance of The Sea Ranch Restrictions, Covenants and Conditions (commonly referred to as the CC&Rs). The CC&Rs establish a professional Design Committee to review all construction and landscaping plans. No work may proceed without Design Committee approval. Members of the Design Committee and staff aid owners in a collaborative design process to find the unique potentials of a site and achieve building and landscape designs consistent with The Sea Ranch vision.
- The Sea Ranch Design Manual and Rules was adopted to help owners and their designers and architects through the process of designing/building or remodeling a home at The Sea Ranch.
- The Sea Ranch Rules govern other elements of our community, ranging from elections to facilities and safety.
