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AB0661 - Maddy's Mgt Packet
ADMINISTRATIVE APPEALS BOARD STAFF REPORT DATE: March 27, 2024 SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT MADDY’S MANAGEMENT INC., IS PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE FINE OF $5,000 FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 3591 MELODY LN., PALM SPRINGS, CALIFORNIA BY: DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE SUMMARY Maddy’s Management Inc. has requested an appeal of the permanent ineligibility to operate a Vacation Rental in the City of Palm Springs and administrative fine of $5,000.00 for operating an unregistered Vacation Rental property located at 3591 Melody Ln., Palm Springs. RECOMMENDATION: 1) Open the Appeal Hearing and accept public testimony. 2) Adopt Resolution No. ______, A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF MADDY’S MANAGEMENT INC., FOR THE PROPERTY LOCATED AT 3591 MELODY LN., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0661 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS THIS PORTION OF PAGE BLANK Item 5 - Page 1 Administrative Appeals Board Staff Report March 27, 2024 Vacation Rental Appeal – 3591 Melody Ln., Palm Springs BACKGROUND On November 29, 2023, citation AB0634 was issued to Gary Mitchel, property owner for the property located at 3591 Melody Ln, Palm Springs, CA 92262. It was found that the owner entered into a residential lease agreement with Maddy’s Management Inc. (Tenant) for a period between March 31, 2023, through March 31, 2024. Citation AB0634 was void and citation AB0661 was issued to the tenant, Maddy’s Management Inc. STAFF ANALYSIS: The tenant for the property located at 3591 Melody Ln., Palm Springs did not hold a Vacation Rental Registration Certificate by the City of Palm Springs as of the date of violation on November 29, 2023. Staff has determined that the tenant has, without a Registration Certificate, advertised and operated the property at 3591 Melody Ln., as a Vacation Rental from elements as follows in violation of Palm Springs Municipal Code 5.25.040 (a): 1. Advertisement Airbnb.com/rooms/1024079251624369766 listed as “Beautiful Townhouse in PS” ATTACHMENT 5 2. Advertisement Airbnb.com/rooms/1024079251624369766 lists minimum stay 7-nights. ATTACHMENT 5 3. A Code Compliance Officer submitted an online booking inquiry to stay during the dates December 22, 2023, through December 29, 2023 (7-nights); ATTACHMENT 6 4. A response was received by the Code Compliance Officer confirming availability for the dates December 22, 2023, through December 29, 2023 (7- nights); ATTACHMENT 6 Staff finds that the advertisement found on Airbnb.com/rooms/1024079251624369766 and inquiry affirmation for the dates December 22, 2023, through December 29, 2023 (7- nights) for stay at property 3591 Melody Ln., is in violation of §5.25.040(a) and proceeded to issue Administrative Citation AB0661, in the amount of $5,000, to Maddy’s Management Inc., the tenant as listed on the residential lease, for operating a Vacation Rental without a Vacation Rental Registration Certificate. The Administrative Citation was mailed by the Department of Special Program Compliance staff to the mailing address on title. The following Palm Springs Municipal Codes sections and Regulations are applicable to this matter. The Palm Springs Municipal Code §5.25.030 Definitions, reads as follows: "Vacation Rental" means a single-family dwelling, or any portion thereof, utilized for occupancy for dwelling, lodging, or sleeping purposes without the Item 5 - Page 2 Administrative Appeals Board Staff Report March 27, 2024 Vacation Rental Appeal – 3591 Melody Ln., Palm Springs Owner being present for a period of twenty-eight (28) consecutive days or less,…” Palm Springs Municipal Code §5.25.040(a) reads as follows: The operation of a Vacation Rental or a Homeshare Interest without a Vacation Rental Registration Certificate is prohibited. Palm Springs Municipal Code §5.25.090(c) reads as follows regarding the administrative fine: (c) Any person who operates a Vacation Rental without a Vacation Registration Certificate, shall be liable to the City for the payment of transient occupancy tax pursuant to the provisions of the Palm Springs Municipal Code Chapter 3.24, including without limitation penalties and interest, payment of an administrative fine in the amount of Five Thousand Dollars ($5,000.00), and permanent ineligibility to operate a Vacation Rental in the City…” Administrative Regulation “Operation of a Vacation Rental” dated 07/2017 defining “Operation” of a Vacation Rental to include the following: 1. “Advertisement” of the property means on any web-based advertising, hosting platform, print media, bulletin, signage, radio, and television or on any other medium for the purposes of promoting interest in, testing the market for, or soliciting the occupancy of a property for a period of twenty-eight (28) consecutive days or less. 2. An owner, agent or other representative of the owner has an interest in rental, exchange, trade, gift, or grant of a guest stay at a property of less than twenty-eight (28) consecutive days or less. 3. An owner, agent or any other representative of the owner interacts with another party whether directly or indirectly through personal or digital/electronic contact with the intent to provide availability of the property for occupancy of 28 days or less, or to complete a rental and/or reservation of the property for future occupancy of 28 days or less.” Administrative Regulation “Authority for the Issuance of Administrative Citations” dated 08/2014 reads as follows: “Vacation Rental Enforcement Officials are hereby authorized to issue, an Administrative Citation for the violation of the provision of Chapter 5.25 of the Palm Springs Municipal Code without first complying with the pre-citation or courtesy notice requirements contained in PSMC Section 1.06.030.” Item 5 - Page 3 Administrative Appeals Board Staff Report March 27, 2024 Vacation Rental Appeal – 3591 Melody Ln., Palm Springs Patrick Clifford Assistant Director Department of Special Program Compliance Attachments: 1 2 3 4 5 6 AB0661 Resolution no. _____ Notice of Appeal Hearing Administrative citation Appeal Letter Administrative citation AB0661 & citation letter Copy of the Airbnb.com/rooms/1024079251624369766 advertisement Copy of Code Compliance Inquiry Copy of the title report and Residential Lease 7 THIS PORTION OF PAGE BLANK Item 5 - Page 4 ATTACHMENT 1 Item 5 - Page 5 RESOLUTION NO. ____ A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF MADDY’S MANAGEMENT INC. FOR THE PROPERTY LOCATED AT 3591 MELODY LN., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0661 ISSUED IN THE AMOUNT OF $10,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS Jurisdiction: This administrative hearing is conducted in accordance with Palm Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals Board. WHEREAS Maddy’s Management Inc. did not obtain a Short-Term Vacation Rental Registration Certificate for the property located at 3591 Melody Ln., Palm Springs, pursuant to Palm Springs Municipal Code Chapter 5.25; and WHEREAS, any person who operates a Vacation Rental without a Vacation Registration Certificate, shall be liable to the City an administrative fine in the amount of Five Thousand Dollars ($5,000.00), and permanent ineligibility to operate a Vacation Rental in the City, Palm Springs Municipal Code 5.25.090 (c); and WHEREAS, “Operation” of a Vacation Rental as used in Palm Springs Municipal Code Section 5.25 includes “Advertisement” of the property on any web-based advertising, hosting platform, print media, bulletin, signage, radio, and television or any other medium for the purposes of promoting interest in, testing the market for, or soliciting the occupancy of a property for a period of twenty-eight (28) consecutive days or less; and WHEREAS, Administrative Citation No. AB0661, operating a Vacation Rental without a Vacation Rental Registration Certificate, was issued on January 24, 2024, to Maddy’s Management Inc. for the property located at 3591 Melody Ln., Palm Springs; and WHEREAS, Maddy’s Management Inc. filed an administrative appeal of the Administrative Citation No. AB0661 operating a Vacation Rental without a Vacation Rental Registration Certificate issued in the amount of $5,000 for the property located at 3591 Melody Ln., Palm Springs with the City Clerk; and WHEREAS, the Administrative Appeals Board opened and conducted a duly noticed Administrative Appeal Hearing on March 27, 2024; and WHEREAS, the Administrative Appeals Board was presented evidence that Maddy’s Management Inc. violated Section 5.25.040(a) of the Palm Springs Municipal Item 5 - Page 6 Resolution No. Page 2 Code by an advertisement listed on Airbnb.com/rooms/1024079251624369766 for the property located at 3591 Melody Ln., Palm Springs; and WHEREAS, the Administrative Appeals Board was presented evidence that Maddy’s Management Inc. is in violation of Section 5.25.040(a) of the Palm Springs Municipal Code by a response to an inquiry to book the property located at 3591 Melody Ln., Palm Springs and confirmation of a period less than twenty-eight (28) days; December 22, 2023, through December 29, 2023 (7-nights); and WHEREAS, the Administrative Appeals Board has carefully reviewed and considered all the evidence presented in connection with said appeal on March 27, 2024; and THE ADMINISTRATIVE APPEALS BOARD HEREBY FINDS, after due consideration given to the relevancy, weight and credibility of testimony and evidence, and based upon a preponderance of the evidence in accordance with the Board’s procedures, as follows: SECTION 1. The Appellant is in violation of Palm Springs Municipal Code 5.25.040(a). The Administrative Appeals Board upholds the administrative decision that Maddy’s Management Inc. is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 3591 Melody Ln., Palm Springs and the fine of $5,000. The Appellant is not in violation of Palm Springs Municipal Code 5.25.040(a). The Administrative Appeals Board overturns the administrative decision that Maddy’s Management Inc. is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 3591 Melody Ln., Palm Springs and the fine of $5,000. • • Item 5 - Page 7 Resolution No. Page 3 SECTION 2. The Administrative Appeals Board directs the City Clerk to deliver a copy of this Resolution to each party and to file a disposition report with the Palm Springs City Council. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS ADMINISTRATIVE APPEALS BOARD THIS DAY OF 2024. Wayne Sinclair Chair ATTEST: Brenda Pree, MMC, CERA City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, BRENDA PREE, City Clerk of the City of Palm Springs, do hereby certify that Resolution No. is a full, true, and correct copy, and was duly adopted at a meeting of the Administrative Appeals Board of the City of Palm Springs on the day of , by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSE: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this day of . Brenda Pree, MMC, CERA City Clerk Item 5 - Page 8 ATTACHMENT 2 Item 5 - Page 9 NOTICE OF ADMINISTRATIVE HEARING CITY OF PALM SPRINGS, CALIFORNIA BEFORE THE ADMINISTRATIVE APPEALS BOARD TO: Maddy's Managem e nt , Inc. NOTICE IS H EREBY GIVEN, purs uant to Palm Springs Municipal Cod e §2.5 0 .080(d), of the Appe al Hearing befo re the Administrati ve Appeals Board, on the deci sion of the Dep artment of Special Program Compliance, Violation of th e Palm Springs Municipal Code 5.25, w ith respect to vacati on rental operations located at 3591 M e lody Ln , Palm Springs, CA. 92262 . Hearing Date: Hearing Time: March 27, 2 024 5:30 p.m. Location : C ity Hall Large Conference Room 3200 E. Tahquitz Canyon Dr, Palm S prings, CA. 92262 The Admini s t ra ti ve Appea ls Board re ques ts that if yo u have s uppl em enta l do c ume ntati on/evide nce, tha t you pro vid e such docum e n tati on 24-h ours in a dvance of th e hear ing. Y ou may s ubmit yo ur documentati o n in per son or vi a e ma il a t CityClerk@ palms pringsca.gov . Docume ntati o n s ubmitted at the meeting w ill be a cc epted ; however, if th e B oard does no t think it has ad equate tim e to rev iew yo ur documentati o n, your a ppea l h earing m ay be continued to a future m eeting. A biling ual an d/o r AS L interpreter w ill be made availabl e, at no co s t, upo n request at least 48-hours in advance of the hearing . Please contact th e Office of the C ity C lerk at (760) 323-8204 or via em ail at CityC lerk@ palms pringsca.gov . State of California ) County of Ri versi d e ) ss. City of Palm Springs ) AFFIDAVIT OF MAILING I, Cassandra E dney, D eputy City Clerk o f the C ity of Palm Springs , California, do he re by certify that the Notice of Hearin g before th e Adminis trati ve A ppea ls Board was e mailed to the parties at the address above, on March 4 , 2024. I decl a re under penalty of perjury that the foregoing is true and correct. ~ey D e puty C ity C lerk Item 5 - Page 10 NOTICE OF ADMINISTRATIVE HEARING CITY OF PALM SPRINGS, CALIFORNIA BEFORE THE ADMIN I STRATIVE APPE ALS BOARD NO TI CE I S H EREB Y GIVEN, p urs uant to P a lm Sprin gs M unicipal Code §2.50.0 80(d), of the A ppeal H earing befo re the Administrati ve App eal s Board, on th e d eci sion of the Dep a rtmen t of Sp ecial Pro g ram Compliance, Violation of t he Palm Springs Municipal Code 5.25, w ith r es p ect to va cati on r ental operations located at 359 1 M e lo dy Ln, P alm S prings, CA. 92262 . Hearin g D ate: Hearing T ime: March 27, 2 024 5:30 p.m . Location : City Hall Large Conference Room 3200 E. T ahquitz Canyo n Dr, Palm S pr in gs, CA . 92262 The Administrative Appeals Board requests that if you have s upple m ental documentation/evidence, that yo u prov ide such d ocumentation 24-hours in ad vance of the hearing. You may s ubmit your documentatio n in person or via email at CityClerk@ palms pringsca.gov . D ocumentati on s ubmitted at the meeting will be accepted; however. if the Board does not think it has adequate time to review yo ur documentation. your appea l hearing may be continued to a future meetin g. A bilin gual an d/or AS L inte rpreter will be mad e available, at no cost, upon request a t least 4 8-hours in advance of the hearing. Please contact the Office of t he C ity C le rk at (760) 323 -8 20 4 or v ia em a il at CityC lerk@ palm s pringsca.gov . State of C alifornia ) County of Ri versid e ) ss. Ci ty of Pa lm Springs ) AFFIDAVIT OF MAILING I , Cassandra Edney, D ep uty C ity Clerk of the C ity of P a lm S prings, Cali fo rni a, d o here by certify that the Noti ce o f Hearing before the A dminist rat ive A ppeals Boar d was em a il e d t o th e parties at t he ad dress a bove, o n Mar ch 14, 2 02 4 . I d eclare under pe na l ty of p erjury that the fo re o ing is true and correct. Cassandra Ed y Deputy C ity C lerk Item 5 - Page 11 ATTACHMENT 3 Item 5 - Page 12 ADMINISTRATIVE CITATION-$5,000 .00 City of Palm Springs Department of Special Program Compliance 425 N Civic Drive, PO BOX 2743 , Palm Springs , CA 92263 Facsimile: 760-322-8317 Website : www.psvacationrentalcompliance .com Date of Issuance: January 24, 2024 Property Address: 3591 Melody Ln Maddy's Management Inc e I . I • . Subject: Violation of the Palm Springs Municipal Code 5.25 .040(a), 5.25.090(c) Operating a Vacation Rental without a Vacation Rental Registration Certificate You are hereby notified that a violation of Palm Springs Municipal Code Section 5.25.040(a) has been determined to exist w ith respect to your ownership and use of the property referenced above. Accordingly, you are rece iving this Administrative Citation # AB-0661 . Pursuant to Section 5.25 .090(c), you are ordered to pay an administrative fine in the amount of five thousand dollars ($5,000.00). Further, you must cease operating and advertising as a Vacation Rental immediately, and you are permanently ineligible to operate a Vacation Rental in the 9!Y.:. Also, pursuant to Section 5.25 .090(c), each future violation arising from your continued operation as an unpermitted Vacation Rental will result in an administrative fine in the amount of not less than ten thousand dollars ($10,000.00) and may result in the City of Palm Springs' pursuit of civil and/or criminal remedies against you. Add itional information concerning this violation is reflected below. As the owner of the property at issue or as the individual or entity responsible for the violation, you are individually responsib le for correcting the violation. YOU HAVE THE RIGHT TO APPEAL THIS CITATION Payment of this administrative fine must be made with in fifteen (15) days from the mailing date of this letter. Should you file an appeal, the appeal and hearing provisions of Palm Springs Municipal Code , Chapter 2 .50 will apply. If you choose to appeal this citation, payment of the administrative fine is suspended pending a final decision by the Administrative Appeals Board . However, you must pay the current non-refundable appeal fee of $911.00 and submit the request for appeal form no later than fifteen (15) days from the mailing date of this letter. Please see the City website at www .psvacationrentalcomp liance .com for the appeal form and furthe r instructions . Note: Your administrative fine must be pa id to the City 's Citation Processing Center in Newport Beach; and your appeal form and appeal fee must be sent to the Palm Springs , Attention : Office of the City Clerk . Item 5 - Page 13 Administrative Citation -Page two (2) Since you were operating a Vacation Rental without a Registration Certificate, please be advised that you are responsible for payment of back registration certificate fees and penalties (Resolution No. 23517) and back Transient Occupancy Tax (TOT), penalties and interest (PSMC 3.24). Should you have any questions regarding this letter, please contact Mitch Nabhan in the Office of Special Program Compliance; at (760) 323-8244 ext 87 45, Tuesday through Friday 8am-6pm. Thank you for your prompt attention to this matter. Sincerely, ' ~~ Mitch Nabhan Code Supervisor, Department of Special Program Compliance p~ Assistant Director, Department of Special Program Compliance Description of the violations in this matte~: Palm Springs Municipal Code Section 5.25.040(a) prohibits the operation of a Vacation Rental or a Homeshare in 'the City of Palm Springs without a Vacation Rental Registration Certificate . Section 5.25.090 (c) provides the fines and penalties for operation of a Vacation Rental in the City of Palm Springs without a Vacation Rental Registration Certificate. We are aware that the address above was advertised and/or operating as a short-term rental via www.airbnb.com/rooms/1024079251624369766, "Beautiful Townhouse is PS", on the date of November 16, 2023. We have a copy of the advertisement(s) for our records and other documentation . The City of Palm Springs has not issued a valid Vacation Rental Registration Certificate for this property. THIS PORTION OF PAGE BLANK Item 5 - Page 14 Reserved for Filing Stamp Administrative Citation Appeal Citaci6n Administrati va Apel aci6 n City of Palm Springs TEL (760) 323-8204 I FAX (760) 322-8332 PENALTY AMOUNT ENCLOSED/ CARGOS DE PENALIZACION CERRADOS . **Palm Spri11gs Municipal Code Section ) .06.040 ~equlres the.Citation Penalty fee to bi s_ubmittecl ~t the tim;e of the appeal** **LaSefri6n l :06.040 dell?alm.Springs require que ia tarifa de penaii:zac:i6n orcitaci6n se preente en el rriomento .de la apelaci 6 n**. ·:: T his completed form must be sent to: City of Palm Springs Administrative Citation Program P.O. Box 7275 Newport Beach, CA 92658-7275 . ,-'",-,, Item 5 - Page 15 ATTACHMENT 4 Item 5 - Page 16 ADMINISTRATIVE CITATION-$5,000.00 City of Palm Springs Department of Special Program Compliance 425 N Civic Drive, PO BOX 2743, Palm Springs, CA 92263 Facsimile: 760-322-831 7 Website: www.psvacationrentalcompliance.com Date of Issuance: January 24 , 2024 Property Address : 3591 Melody Ln Maddy's Management Inc c/o Shane Zack Subject: Violation of the Palm Springs Municipal Code 5.25 .040(a), 5 .25.090(c) Operating a Vacation Rental without a Vacation Rental Registration Certificate You are hereby notified that a violation of Palm Springs Muni c ipal Cod e Sect ion 5 .2 5 .040(a ) h as been determined to exist with respect to your ownership and use of the property referenced above. Accordingly , you are receiving this Administrative Citation # AB-0661. Pursuant to Section 5.25 .090(c), you are ordered to pay an administrative fine in t he am o unt of five thousand dollars ($5,000.00). Further, you must cease operating and advertising as a Vacation Rental immediately, and you are permanently ineligible to operate a Vacation Rental in the ~ Also , pursuant to Section 5 .25.090(c), each future violation arising from your continued operation as an unpermitted Vacation Rental will result in an administrative fine in t h e amount of not less than ten thousand dollars ($10,000.00) and may result in the City of Palm Springs ' pursuit of civil and/or criminal remedies against you . Additional information concerning this violation is reflected below. As the owner of the property at issue or as the individual or entity responsible for the violation, you are individually responsible for correcting the violation. YOU HAVE THE RIGHT TO APPEAL THIS CITATION Payment of this administrative fine must be made within fifteen (15) days from the mailing date of this letter. Should you file an appeal , the appeal and hearing provisions of Palm Springs Municipal Code, Chapter 2 .50 will apply. If you choose to appeal th is citation , payment of the administrative fine is suspended pending a final decision by the Adm inistrative Appeals Bo ard. However, you must pay the current non-refundable appeal fee of $9 1 1.00 and submit the request for appeal form no later than fifteen (15) days from the mailing date of this lette r. Please see the City website at www.psvacationrenta lcompliance .com for the appeal form and further instructions. Note: Your administrative fine must be paid to the C it y's Citation Proce ssing Ce nter in Newport Beach; and your appeal form and appeal fee must be sent t o the Palm Springs, Attention : Office of the City Clerk. Item 5 - Page 17 Administrative Citation -Page two (2) Since you were operating a Vacation Rental without a Registration Certificate, please be advised that you are responsible for payment of back registration certificate fees and penalties (Resolution No. 23517) and back Transient Occupancy Tax (TOT), penalties and interest (PSMC 3.24). Should you have any questions regarding this letter, please contact Mitch Nabhan in the Office of Special Program Compliance; at (760) 323-8244 ext 8745, Tuesday through Friday 8am-6pm. Thank you for your prompt attention to this matter. Sincerely, ' ~~ Mitch Nabhan Code Supervisor, Department of Special Program Compliance Assistant Director, Department of Special Program Compliance· Description of the violations in this matter: Palm Springs Municipal Code Section 5.25.040(a) prohibits the operation of a Vacation Rental or a Homeshare in:the City of Palm Springs without a Vacation Rental Registration Certificate. Section 5.25.090 (c) provides the fines and penalties for operation of a Vacation Rental in the City of Palm Springs without a Vacation Rental Registration Certificate. We are aware that the address above was advertised and/or operating as a short-term rental via www.airbnb.com/rooms/1024079251624369766, "Beautiful Townhouse is PS", on the date of Noyember 16, 2023. We have a copy of the advertisement(s) for our records and other documentation. The City of Palm Springs has not issued a valid Vacation Rental Registration Certificate for this property. THIS PORTION OF PAGE BLANK Item 5 - Page 18 • CITY OF PALM SPRINGS Vacation Rental Enforcement Administrative Citation DATE DAY OF WEEK 11/29/2023 Wednesda I LOCATION OF VIOLATION . 3591 Melody Ln I • Agent • Property Owner _btOther feAIMJT TIME 8:21 AB0661 NAME (First, Middle, Last): DL or ID Maddy's Management Inc// Shane Zack ADORE S CITY STATE 10300 W Charleston Blvd Las Vegas NV ZIP 89135 You are being issued an Administrative Citation for the following Code provision( s). Count PSMC Description 1. 5.25.040 (a) OPERATING A VACATION RENTAL W/OUT A VACATION RENTAL REGISTRATION CERTIFICATE COMPLIANCE ORDER ID(, You are ordered to correct or otherwise remedy this/these violations by: 15 CALENDAR DA VS FROM MAILING DA TE OF CITATION. 0( You are further ordered to pay an Administrative Fine as prescribed in the schedule below for each count listed above. Payment must be paid in full by the compliance date to avoid additional penalties. The total CITATION PENALTY due is $5,000.00. ADMINISTRATIVE FINE SCHEDULE 0C First violation -Operating without a Vacation Registration Certificate: $5,000.00 and permanent ineligibility to operate • Second violation -Operating without a Vacation Registration Certificate: $10,000.00 • Third violation -Operating without a Vacation Registration Certificate: $10,000.00 • First violation -Advertising without posting TOT/City number: operating without a contract; failure to provide contract summary; failure to pay TOT timely: $2,500.00 and a 6-month suspension Other/Description: Mitch Nabhan -CODE/DSPC N~ementOfficer Signature 1/24/24 Date of Issuance Type of Service c1 Personal ~Mail COPY TO PROPERTY OWNER/AGENT; PROCESSING: FILE Item 5 - Page 19 CIT Y OF PALM SPRINGS DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE ADMINI STRATIVE CITATION IMPORTANT INFORMATION -PLEASE READ COM PLETELY AND CAREFULLY You have been issued an Administrat ive Citation for violat ion(s) as indicated on the reverse.ADDITIONAL VIOLATIONS MAY RESULT IN THE CRIMI NAL PROSECUTION AND/OR ADDITIONALADMINISTRATIVE FINES. HOW TO PAY THE FINE The amount of fine is indicated on the front of the Administra tive Citation . The fine must be paid within fifteen (15) calendar days from the date the citation is ma i I ed . Payment can be made by credit/debit card on-lin e at www. CitationProcessingCenter com or by calling 1-800-969-6158. Payments are also accepted in the form of a cashier's check, personal check , or money order payable to the City of Palm Springs. Payment of the fine does not excuse or discha rge any responsibility and legal consequences for continuation or reported occurrences of the violation(s). Write the ci tation number on the check/money order, and mail it to the address below. (DO NOT send your payment to the City of Palm Springs Offices.) City of Pa lm Spri ngs Aciministrative Citation Program P.O. Box 7275 Newport Beach, CA 92658-7275 HOW TO APPEAL THIS CITATION A responsible party receiving an administrative citation may appeal such ci tation within fifteen (15) calendar days from the date the citation is mail ed . The provisions of Palm Springs Municipal Code Chapter 2.50 w ill apply to appeals. An appeal must be fi led in writing by using the applicable request for appeal form available from the City's website at www.palmspringsca .gov OR www.osvacationrenta lcomoliance .com. If you c hoose to appeal this ci t ation, payment of the administrative fine is suspended pending a final decision by the Administrative Appeals Board . However, you must pay the current appeal fee and submit t he request for appeal form to the Palm Springs Office of the City Clerk no later than fifteen (15) calendar days from the date the citation is mailed. PAYMENT OF THE ADMINI STRATIVE FINE MUST BE SENT TO THE CI TY'S CITATION PROCESSI NG CENTER IN NEWPORT BEACH SPECIFIED ABOVE. THE APPEAL FEE AND REQUEST FOR APPEAL FORM MUST BE SENT TO THE PALM SPRIN GS OFFICE OF TH!: CITY CLERK. For questions , p l ease see the City website listed above or contact the C ity of Pa l m Springs Vacation Rental Compliance Department. FAILURE TO ANSWER OR PAY PENALTY FOR VIOLATION(Sl Fai l ure to pay the penalty or contest the citation within fifteen (15) c alendar days may result in additional administrative fines a nd the recordation of a special l ien against your property. In addition, notification may be made to the State of California Franchise Tax Board. Palm Springs Munici pal Code provides for the issuance of ad ministrative citations for Municipal Code Violations. Fines are c umulative and citations may be issued each day the violation exists. Each and every day a violation is unaddressed constitutes a separ ate and distinct offense and shall be subject to c itation. Add itional Enforcement Officer Notes: Item 5 - Page 20 ATTACHMENT 5 Item 5 - Page 21 Ent i r e hom e hosted by S 4 guest s · 2 i)eclro w n s · 2 beds· 2.5 batl1s Th is styli sl1 pla c e t o st ay is p er fec t for a sm all fam ily or sm all gro l)atl1 room s. j acuzzi . :ull k itc nen, launch y, 5 rn i ns frorn DT Palm Sp gat ecl com municat e. w ith pool ancl gym amen it ies . What t hi s p lace o f fer s P!f Ki ~c h en cl Declica t e cl v,ork sp ac e :::B: Pool 0 T V @ e-a-t-eon ·ro·1o)(cl e alar rn r Show a ll 9 amenities l ~ 'ii' \N ifi ~ Fr ee pa r k·nc;; t:J Hot tub ~ washer ® Smo<e alarn Se lect dates November 2023 Sv M o Tv We Th Fr Sa GJ $168 nig ht C HE CK-IN 12/22/2023 X CHECKOUT Ao J date December 2023 > Sv Mo Tv We Th Sa • 23 24 25 26 27 28 29 30 31 Clear dates - Item 5 - Page 22 11 /29/23, 8:38 AM Beautiful Townhouse is PS -Houses fo r Rent in Pa lm Springs, Califo rnia. United S tates -Ai rbnb Beautiful To w nho use is PS * New . Palm Sr2ring§, C a lifornia , Unit ed States Entire home hosted by S 4 guests · 2 bedrooms · 2 beds • 2.5 baths This stylish _place to stay is perfect for a sma ll family or small group. 2 bedro oms, 2.5 bathrooms, j acuzz i, full kitchen , laundry, 5. m ins from OT Pa lm Springs, locate d i n a nice gated c o mmunicate , w it h pool and gym amenities. What this p lace of fers P!~ Kitchen $1 68 night ( CHECK-IN I Add date I GUESTS 1 guest l . -· C HECKO UT Add date V Check availability i-ReRort this listing h ttps://www.airbnb.com/roomsl 1024079251624369766?source _impression _id=p3_170127 5926 _ U%2F4 pC 1 LeshO ZI PXU 1/5 Item 5 - Page 23 11/29/23, 8:38 AM Wifi Beautiful Townhouse is PS -Houses for Rent In Palm Springs, California, United States -Alrbnb tl Dedicated workspace ~ Free parking on premises :::B: Pool == t§ Hot tub CJ TV ~ Washer ~ Carb·en mene,tiele alarm ® Smoke alarm Show all 9 amenities Select check-in date Add your travel dates for exact pricing November 2023 DecE Su Mo Tu We Th Fr Sa Su Mo Tu 4 r 3 5 6 8 9 ~ 4T a 4-5 ~ 43 * !J5 46 ~ -l8 10 11 12 49 %8 24 %% ra 2-4-25 17 18 19 ~ rt-28 %9 a& 24 25 26 31 https://www.alrbnb.com/rooms/1024079251624369766?source_impresslon_id=p3_1701275926_U%2F4pC1LeshOZIPXU 2/5 Item 5 - Page 24 11 /29/23, 8:38 AM Beautiful Townhouse is PS -Houses for Rent in Palm Springs, California, United States -Airbnb No reviews (yet) Where you'll be Pa lm Spr i ngs, California, United States Hosted by S Joined in June 2016 t; Identity verified [ Contact Host ] To protect your payment, never transfer money or communicate outside o f the Airbnb website or app. https://www.airbnb.com/rooms/1024079251624369766?source_impression_id=p3_ 170127 5926 _ U%2F4pC 1 Lesh0ZIPXU 3/5 Item 5 - Page 25 11/29/23, 8:38 AM Things to know House rules Check-in after 3:00 PM Checkout before 10:00 AM 4 guests maximum Showmore > Safety & property Beautiful Townhouse Is PS • Houses for Rent In Palm Springs, California, United States -Alrbnb Carbon monoxide alarm not reported Smoke alarm not reported Showmore > . C~ncellation policy Add your trip dates to get the cancellation details for this stay. Add dates> Support Help Center Get help with a safety issue AirCover Anti-discrimination Disability support Cancellation options Report neighborhood concern Hosting Airbnb your home AirCover for Hosts Hosting resources https://www.alrbnb.com/rooms/1024079251624369766?source_lmpression_ld=p3_1701275926_U%2F4pC1LeshOZIPXU 4/5 Item 5 - Page 26 11/29/23, 8:38AM Community forum Hosting responsibly Airbnb-friendly apartments AJrbnb Newsroom New features Careers Investors Gift cards Airbnb.org emergency stays (8) English (US) $ USD © 2023 Airbnb, Inc. Beautiful Townhouse is PS -Houses for Rent in Palm Springs, California, United States -Alrbnb ----·--------------·-···-----·--- Terms • Sitemap • Privacy • Your Privacy Choices QD https://www.airbnb.com/rooms/1024079251624369766?source_impresslonjd=p3_ 1701275926_U%2F4pC1 LeshOZIPXU 5/5 Item 5 - Page 27 11/29/23, 8:39 AM Beautiful Townhouse is PS -Houses for Rent in Palm Springs, California, United States • Afrbnb What this place offers Bedroom and laundry f§) Washer Entertainment Q TV Heating and cooling $ Air conditioning Internet and office Wifi ----------·--·-····---·- f:3 Dedicated workspace Kitchen and dining P!f Kitchen Space where guests can cook their own meals https://www.alrbnb.com/rooms/1024079251624369766/amenltfes?source_lmpresslon_ld=p3_1701275926_U%2F4pC1LeshOZIPXU 1/2 Item 5 - Page 28 11/29/23, 8:39 AM Beautiful Townhouse Is PS -Houses for Rent In Palm Springs, Califomla, United States -Airbnb Parking and facilities ~ Free parking on premises a Pool f5' Hattub Not included ~ . Seettrity eafflefas en prep~t1y ~ Essemie:ls @ Smolee alftfffl This place may not have a smoke detector. Reach out to the host with any questions. ··-------·-· ··'·---··-. ~ Cftffleft menexide alafffl This place may not have a carbon monoxide detector. Reach out to the host with any questions. ~ I-lot ·t.'8ter https://www.airbnb.com/rooms/1024079251624369766/amenlties?sourceJmpresslon_id=p3_1701275926~U%2F4pC1LeshOZ1PXU 2/2 Item 5 - Page 29 11/29/23, 8:39AM Beautiful Townhouse is PS -Houses for Rent in Palm Springs. Cslifomia. United States -Airbnb House rules You'll be staying in someone's home, so please treat it with care and respect. Checking in and out (S)check-in after 3:00 PM (S)checkout before 10:00 AM During your stay W4 guests maximum ~No pets It Quiet hours ~ 10:00 PM -8:00 AM ~ No parties or events ~No commercial photography 'C~N . k" c::)ij osmo ing Before you leave gf Gather used towels 1iiiJ Throw trash away ~ Tum things off t'!:)Lockup https://www.atrbnb.com/rcoms/1024079251624369766/house-rules?source_lmpresslon_id=p3_1701275962_uSz27HYZPOYFGA6C 1/1 Item 5 - Page 30 11/29/23, 8:39 AM Beautiful Townhouse is PS • Houses for Rent in Palm Springs, California, United States -Airbnb Safety & property Avoid surprises by looking over these important details about your Host's property. Safety devices ~Carbon monoxide alarm not reported · The host hasn't reported a carbon monoxide alarm on the property. We suggest bringing a portable detector for your trip. · @smoke alarm not reported The host hasn't reported a smoke alarm on the property. We suggest bringing a portable detector for your trip. https://www.airbnb.com/rooms/1024079251624369768/safety?source_impressfon_id=p3_ 1701275962_uSz27HVZPOYFGA6C 1/1 Item 5 - Page 31 11/29/23, 8:42 AM Beautiful Townhouse Is PS -Houses for Rent fn Palm Springs, caUfomia, United States -Alrbnb Cancellation policy Before you book, make sure you're comfortable with this Host's cancellation policy. Keep in mind that Airbnb's Extenuating Circumstances golicY-doesn't cover cancellations due to illness or travel disruptions caused by COVID-19. Cancel by Dec21 3:00 PM Dec22 3:00 PM (check-in) Full refund: Get back 100% of what you paid. Partial refund: Get back every night but the first one. No refund of the first night or the service fee. https;J/www.airbnb.com/rooms/1024079251624369766/canceDation-policy?source_lmpresslon_id=p3_ 1701276026_SkRqhlaFBhj9pbBL&check_ln=2... 1/1 Item 5 - Page 32 11/29/23. 8:39 AM Host pro file - Airbnb 7 Years on A irbnb s Host (@. Liv e s in Las Ve g as, NV S's confirmed information ✓ Identity ✓ Email address ✓ Phone numbe r Learn about identitY. verification S's listings Home * New Rental unit *New Beautiful Townhouse is PS Amazing studio on South ... h ttps://www.airbnb.com/users/show/76648763 1/2 Item 5 - Page 33 1/24/24, 10:18AM Mail -Mitch Nabhan -Outlook Re: 3591 Melody Lane, Palm Springs CA 92262 GaryMitche Tue 1/16/2024 12:45 PM To: Patrick Clifford <Patrick.Clifford@palmspringsca.gov> Cc: Vacation Rentals <Vacation.Rentals@palmspringsca.gov>; Mitch Nabhan <mitchell.nabhan@palmspringsca.gov>; Shane -3591 Tenant Zack <maddysxmg@gmail.com> NOTICE: This message originated oLJtside ofThe City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. Thanks for the quick response - I do not have my place listed on AirBnB and never have, however the property has been rented out on a I year lease since March 2023. Upon receiving this response I called my tenant -Shane Zack (cc,d) who rented through his company Maddy's Management -and he only just told me he was looking for a sub lease for the last few months of our agreement and advertised on AirBnB -he said he has not actually rented it (he realized the HOA association didn't allow rentals less than 30 days) and he also assured me he applied for and received the short term rental certificate from the city for the property -he assured me he will "reply all" to this email with a copy of the certificate and any further explanation/clarification? Gary Mitchell https://outlook.office365.com/ma!l/!nbox/!d/AAQkAGYzYjA1MWNmLTY0ZDYtNGMxNi1hMDl4LWViNTY4Yjk1ZDl3OQAQAG8EVD6aGtlNuhiSn8abarE... 1/1 Item 5 - Page 34 1/24/24, 10:17 AM Re: 3591 Melody Lane, Palm Springs CA 92262 Maddys Management Wed 1/17/2024 5:16 PM To: Patrick Clifford <Patrick.Clifford@palmspringsca.gov> Mail -Mitch Nabhan -Outlook Cc: Gary Mitchell••••••••• Mitch Nabhan <mitchell.nabhan@palmspringsca.gov> NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hi Patrick, As per our conversation yesterday, I thought that you were going to be able to transfer the citation to Maddys Management, as Maddys Management was the party that created the error, not the owner, Mr. Mitchell had nothing to do with this. Any chance you can please speak to you supervisor again and reconsider, as again, this was not his fault, Maddys Management will take full responsibility for the appeal and citation once transferred to the correct party. We will be happy to provide the signed lease that we've with Mr. Mitchell for the property, since April of 2023, additional communication showing that Maddy's Management has been the tenant since April of 2023, can also be provided, cable invoices and utilities, again proving the same. Kindly reconsider and let us know if this is acceptable. I thank you in advance for your assistance in this matter. Best, . Maddys Managem~nt • https://outlook.office365.com/mail/inbox/ld/AAQkAGYzYjA 1 MWNml TY0ZDYINGMxNi 1 hMDI4LWViNTY 4Yjk1 ZDl3OQAQAGBEVD6aGtlNuhlSn8abarE... 1 /1 Item 5 - Page 35 ATTACHMENT 6 Item 5 - Page 36 11/29/23, 8:37 AM Messages • Airbnb < s Response time: 1 day •o Nov16,2023 &:, Your inquiry for 4 guests on Dec 22 -29 has been sent. Show listing ~~ \Y Wayne 1:12 PM Hi there, we are looking to come out to PS for Christmas for a week (12/22- 12/29/23) and I wanted to see if you charge extra to heat the spa? Is there garage parking available? Not a dealbreaker if not. Nov17,2023 Wayne 9:oo AM Hi,just checking to see if ~y first message came through? Nov20,2023 S 1:29 PM there's no garage parking, but plenty of parking an a designated area. Also, there will be an additional charge of $100 to ~eep the heat on the spa during your stay. Nov21,2023 ~{l Wayne 10:45 PM ~y ~-Ok, perfect. Are you able to add the fee for the spa heater to the total? Nov25,2023 Wayne 4:46 PM Hi again, we were waiting for the invite to book with the spa heating fee added to the reservation. Are you able to send that over? Thanks! Read by S Nov27,2023 &:, S sent you a special offer for 4 guests on Dec 22 -29. Show details Nov28,2023 &:, The special offer for 4 guests on Dec 22 -29 has expired. Learn more https://www.airbnb.com/guest/inbox/1652955212?ttype=home _ booking -a 1/3 Item 5 - Page 37 11/29/23, 8:38 AM Request to book Your trip Dates Dec 22-29 Guests 4 guests Travel insurance Add peace of mind for $72.13 On ly ava il able while booking. D Get reimbursed if you can c e l due to illn e ss, flight d e lays, and m o re. Plu s, get assist ance se rv ices li ke emergency help. What's covered Choose how to pay Pay in full Pay the tota l ($1,154.14). Pay part now, part later with Airbnb $2 30.8 3 due today, $923.31 on Dec 13, 2023. No extra fees. More info Pay monthly with Klarna From $97 p e r month for 12 months. Interest ma y appl y. More in fo 0 0 0 Request to book · Airbn b Entire home Beautiful Townhouse is PS Price details $168.00 x 7 ni g hts Weekly stay discount Airbnb se r vi ce fee $1 ,176 .00 -$1 6 4.64 $142.78 ' $1,154.14 h ttps ://www.airb nb .com/bo ok/stays/102407925 1624369766?checki n=2023-1 2-22&chec kou t=2023-12-29&productld = 10 24 079251624369766&number... 1 /3 Item 5 - Page 38 11/29/23, 8:38AM Pay with VISA ~ Cl} DISCE>VER PayPal GPay ( El Credit or debit card Card number a Expiration [ ZIP code Country /region United States Cancellation policy cvv V Free cancellation before Dec 21. Cancel before check-in on Dec 22 for a partial refund. Learn more Ground rules We ask every guest to remember a few simple things about what makes a great guest. · Follow the house rules · Treat your Host's home like your own ~ Your reservation won't be confirmed until the Host ~ accepts your request (within 24 hours). You won't be Request to book · Airbnb ] https://www.airbnb.com/book/stays/1024079251624369766?checkin=2023-12-22&checkout=2023-12-29&productld=1024079251624369766&number... 2/3 Item 5 - Page 39 11/29/23, 8:38 AM charged until then. By selecting the button below, I ag ree to the Host 's House Rul es, Ground rul es for guests, Airbnb's Reb o ok in g a nd Ref un d Po li cy~ and that Airbnb can charge m y_Rgy m ent m ethod if I'm responsible for damage. I agree to pay the total amount shown if the Host accepts my booking request. =~-Request to book @ En g lish (US) $ USO © 2023 Airbnb, Inc. Request to book · Airbnb Te r ms · Sitemap · Privacy · Yo u r Privacy Choices Q13 https://www.airbnb.com/book/stays/1024079251624369766?checkin=2023-12-22&checkout=2023-12-29&productld=1024079251624369766&number... 3/3 Item 5 - Page 40 ATTACHMENT 7 Item 5 - Page 41 Site Address: 3591 MELODY LN PALM SPRINGS, CA 92262-0402 Mail Address: Primary Owner (s): MITCHEL GARY Bedrooms: 2 Baths (F/H): 1 / 1 Total Rooms: 0 Zoning: 05 Number of Stories: 2.0 Transfer Date: 5/21/2014 Transfer Value: $308,500.00 First Loan Amt; $0.00 Assessed Value: $363,483.00 Land Value: $91,899 .00 Improvement Value: S271,584.00 APN : 669-721 -008 Census Tract: 044605 Housing Tract Number: 33561 Legal Block/Lot: LOT.72 BLOCK· Legal Description_ UNIT 72 CM 169/138 TR 33561 Subdivision: PHASES 1-5 OF PALERMO Property County RIVERSIDE COUNTY Vesting: UNMARRIED MAN Year Built: 2007 Use Code. CONDOMINIUM Number of Units: I Building Style: Seller: CHILDERS GREER TRUST CosVSq Feet: $222.4 2 Lender: Percent Improvement: 7 4 72% Tax Amount: $5,314 50 Delinquent Vear· SQFT; 1387 Lot Size: 1184 Garage: ATTACHED (1) Coords: 33 .8622085099917, -116.54513367259 Document: 2014.184520 Title Company: ORANGE COAST TITLE co. Home<iwner Exemption: Tax Rate Area: 07 1-044 Ta>< Vear: 2023 Item 5 - Page 42 Residential Lease Agreement 3591 Melody Lr:, Palm Springs, California 92262 ZILLOW DRAFTED THIS LEASE PURSUANT TO THE LEGAL REQUIREMENTS OF THE STATE OF California. SOME- LOCALITIES MAY IMPOSE ADDITIONAL REQUIREMENTS WHICH ARE NOT REFLECTED IN THIS LEASE. WHILE ZILLOW HAS MADE AN EFFORT TO OFFER THE MOST CURRENT AND ACCURATE INFORMATION POSSIBLE, LAWS.AND REGULATIONS ARE SUBJECT TO CHANGE AND THE INFORMATION IN THIS LEASE MAY NOT REFLECT THE MOST CURRENT LEGAL DEVELOPMENTS OR COMPLY WITH LOCAL LAW. ZILL OW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION INCLUDED IN THIS LEASE. IF YOU HAVE ANY QUESTIONS ABOUT THE LEGAL IMPLICATIONS OF THIS LEASE, PLEASE CONSULT WITH A LICENSED, LOCAL ATTORNEY. ZILLOW DISCLAIMS ALL LIABILITY RESULTING FROM ANY CHANGES MADE OUTSIDE OF THE ZILLOW PLATFORM, INCLUDING ANY CHANGES THAT VIOLATE APPLICABLE LAW. a_ Lease Agreement Page 1 of 32 Item 5 - Page 43 Table of Contents Documents incorporated Into, and attached as part of, this Lease agreement are selected below: Basic Terms & Additional Terms Pet Addendum Rules Addendum Lead Based Paint Hazard Disclosure Megan's Law Disclosure Asbestos Report Flood Hazard Disclosure Methamphetamine Laboratory Contamination Notice Tenant Protection Act Disclosure Information about Bed Bugs Death in the Property Notice Military Facilities Disclosure Protect Your Family from Lead in Your Home Pamphlet Declaration of Condominium Homeowners / Condominium Associations Rules and Regulations Declaration of Covenants, Conditions, Restrictions, and Easements This Residential Lease (Lease) is entered into on the date of the last signature below (the Effective Date) between GARY MITCHELL (Landlord) and Maddys Management Inc (Tenant) for 3591 Melody Ln Palm Springs, CA 92262 (Property). Landlord hereby leases the Property to Tenan~. subject to the terms and conditions of this Lease: 1. Basic Terms 1.1. AMOUNTS DUE FROM TENANT UPFRONT The following items will be paid by Tenant to Landlord under this Lease: 1.1.1. REFUNDABLE DEPOSIT $2,900.00 Security Deposit due at signing (Sectjon 1.6 below) 1.1.2. RENT FOR FIRST MONTH $0.00 Prorated Monthly Rent for partial first month of the Term due at signing (See Section 1.4 below) $2,900.00 Monthly Rent for full first month of the Term due at signing (See Section 1.4 below) 1.1.3. RENT FOR LAST MONTH a. Lease Agreement Page 2 of 32 Item 5 - Page 44 $2,900.00 Monthly Rent for full last month of the Term due at signing (Last Month's Rent} 1.1.4. TOTAL DUE UPFRONT $8,700.00 due at signing. $0.00 due at Start Date. 1.2. PROPERTY r•~••-,-.--..-----.. -·•-·--·--"--.. -...... __..... .. .,._,.. __ ................ _..,.,. . .,. ...••. -... __ ,,...__~---........ ..._~ ·-· .. ---~·•-----·~--·•--.•--·---·•·•-· .-..--... ---i ! r--------·······---···---·----- i 3591 Melody Ln Palm Springs, CA 92262 ' Property Location ---····----·--······--•----·-·-•--··--···~·--·~-- The Property is a single-family residence (for example, a house or a townhouse) (Building) located at 3591 Melody Ln Palm Springs, CA 92262. The Property Includes all appliances, fixtures, and equipment installed on the Property as of the Start Date (as defined below), including the following: Refrigerator; Oven/Range; Microwave; Dishwasher; Clothes washer; Clothes dryer. ·1.3. TERM Fixed Term. The term of this Lease (Term} will begin on March 31, 2023 (Start Date) and end on March 31, 2024 (Expiration Date). If Tenant is a victim of family violence or reasonably believes it is necessary to vacate· the Property due to fear of imminent domestic harm, or Tenant is a victim of sexual assault or is the parent or guardian of a dependent who is a victim of sexual assault and reasonably believes it is necessary to vacate the Property due to fear of imminent harm of such sexual assault, Tenant may terminate the Lease by providing Landlord thirty (30) days' prior written notice. 1.4. RENT 1.4.1. BASE RENT; MONTHLY RENT Tenant is responsible for paying monthly rent for the use and occupancy of the Property (Base Rent) and all other fixed rent and fixed charges described in this Lease (collectively, Monthly Rent) on the 1st day of each month (Monthly Rent Due Date). The Monthly Rent is $2,900.00. First month's Monthly Rent is due on upon executing this Lease. 1.4.2. ADDITIONAL RENT Any amount Tenant may be required to pay Landlord or any other party under this Lease in addition to Monthly Rent will be additional rent (Additional Rent). The Monthly Rent and any Additional Rent are collectively referred to as "Rent". Additional Rent Includes, without limitation: • Any applicable charges for utilities and/or other services to the Property, in amounts that vary by month (Variable Charges), payable to Landlord within 15 days of billing. • The cost of utilities required to be arranged for and paid by Tenant directly to the service provider. • The Insufficient Funds Fee, which is $25 for the first dishonored payment, and $35 for each subsequent dishonored payment. • The Late Fee is $1.00. 1.4.3. MANNER OF PAYMENT a. Lease Agreernent Page 3 of 32 Item 5 - Page 45 All Rent hereunder.must be paid by one of the following: Check or money order made payable to the following recipient and delivered to the following address: Gary Mitchell. ACH/direct deposit. Landlord will provide ACH/direct deposit payment information to Tenant directly. Online payments with Zlllow Payments. a_ Lease Agreement Page4 of32 Item 5 - Page 46 1.4.4. RENT SUMMARY Tenant is responsible for paying the Rent described in this Lease. The chart below summarizes the Monthly Rent and Variable Charges -additional charges stated as Additional Rent may apply: ---... ----·---··----------------·~•-•-.,-· -------~·-----.. -------·-----T·---... ----··-··-.... ---·---·-·-----·i ___________ M_on_t_hl_y_R ___ e_,_n.._t _____ _ Base Rent f I $2,soo.~_o _____ ~-- Parking· Rent Section 1.8 ! N/A ! -------·----.. ---.. -··--·-·-----l Storage Rent Sect;on 1.9 ~-••· .... ----·----·-~--·------·---·-----· ...... -.. ----... ·-----·-··--.... ------... -·~-· .. ·······~~ •y---~····· .. · ... ·---····-~···"'-' i ··•·• ---,., .... ,.. j ; Pet Rent Section 1 10 I NIA , ------------------·-·----------·-·-· .,. •.•.... •·•-~,,-·----·-·· ..... ·•··••---~--... ··--·--·_l·-----·--··--------·-··-----------•···•--··--' 1 Electricity Section 1 5.1 Included in Base rent Included in Base rent i I ---------··-··--·•rs.•• NIA ____ ... ___ { -----······--···· ......... ·-·------···-------•-··•·····••·--···-·· ···-· •--'••-····----------·---1 : Heat Section 1 5 3 N/A ' ··------------------- • Water/Sewer Section 1.5 4 Included in Ba·se rent ; t---·•--..•-,,.,,.,.,_ _____ _ ----··---··-·· •. ··•·-·. --·--···--··-·--·······--••··•-------"· ................. ··••0 ........... -~ ................. --····-----·--·-··-· ······-·--•----·• ·---~-· I I Trash Removal Section 1,5,5 Included in Base rent ~-----------··---•-'••·---·-.. ---·-·----··-· .. ·-·--·-·----------; 1~~::::~n:e:~~~;r~---~~~--~:.: :·.:_·:· __ -·::::.~~:~~:: :-~~~=:·_·_·-___ ::l)~~~~r:~~~s~n-~~~~~:d~=~=:~.-: : Cable TV Section 1.5.9 Tenant pays --------~---------------··-····-·--··---------··•······-----·-··---···- __________ _J Tenant pays j -··-·· ····-· ---· ............... ····--·-·-· ...... ····-·•··· --··-··1 l Internet Sectjon 1.5.1 o !------· -·----~ ---·--.. --•·-------... ----·~·--·•·· ·-·--•------ j Homeowner/Condominium Assessment Section 1.5 11 Included in Base re~t ·1· I . ···-·•-·-•--·--.. ··-----·--·-··•··-···-------..... ···•· ..... _._. ---·-·-········----·· ., .. _____ ..... •---·•··---···-·•----···~------··-·-···--! TOTAL $2,900.00 I 1 ................ ------·--···--·--· ................ _... .. ...... -............ -·-·····--·· .............. _.... • ..................... -.~--_ .. ____ ...................... •. • .1 a_ Lease Agreement Page 5 of 32 Item 5 - Page 47 1.5. UTILITIES AND SERVICES Landlord and Tenant agree that utilities and other services will be provided and paid for as outlined below: 1.5.1. ELECTRICITY Landlord will pay the cost of electrical service and the cost is included in Base Rent. 1.5.2. NATURAL GAS Landlord will provide natural gas to the Property and the cost is included in Base Rent. 1.5.3. HEAT Heat is not provided separately from other utilities. The cost of heat is included in the utility costs (natural gas, electricity, or heating, oil, as provided) necessary to run the heating system, and will be paid by the party responsible for the applicable utility. 1.5.4. WATER/SEWER Water/Sewer is the responsibility of Landlord and the cost is included in Base R~nt. 1.5.5. TRASH REMOVAL Regular trash removal services will be provided by Landlord and the cost Is included in Base Rent. Receptacle(s) for · collecting trash are provided by Landlord. Tenant Is responsible for depositing trash in the receptacles provided. 1.5~6. s·NoW REMOVAL Snow removal· js not normally required for the Property and will be reasonably handled by the parties in the event snowfall occurs. 1.5.7. LANDSCAPING Landlord does not provide any landscaping services. Tenant is responsible for reasonable upkeep and maintenance of landscaping, including lawn mowing and leaf raking, as applicable. 1.5.8. TELEPHONE Tenant will arrange and pay for the cost of telephone services. 1 ~5.9. CABLE TELEVISION Tenant will arrange and pay for the cost of cable or other premium television services. 1.5.10. INTERNET Tenant will arrange and pay for the cost of Internet service. 1.5.11. HOMEOWNER OR CONDOMINIUM ASSOCIATION The Property is located within a homeowner association or condominium association. Any assessments imposed by the association related to the Property are included in the Base Rent. 1.6. SECURITY DEPOSIT Tenant is required to pay a security deposit to Landlord when the Lease is signed. The security deposit is $2,900.00 (Security Deposit). Sectjon 2,4 of this Lease contains terms relating to the Security Deposit. a. Lease Agreement Page 6 of 32 Item 5 - Page 48 1.7. TENANT INSURANCE Tenant is required to obtain and maintain at all times during the Term insurance covering Tenant's personal property and damage to property with per c;,ccurrence limits of not less than $10,000.00. Landlord (and Managing Agent, ff any) will tie named as an additional insured. Tenant will provide Landlord with evidence of any required renters insurance prior to moving in and upon request during the Term. 1.8. PARKING. Landlord does not offer vehicle parking to Tenants of the Building. 1.9. STORAGE SPACE No storage roo~/storage locker (including any common areas) or other area exterior to the Property Is provided for in this Lease. 1.10. PETS Tenant is only permitted to keep pet(s) on the Property that are identified in the addendum (Pet Addendum) attached to this Lease, and will comply with all terms of the Pet Addendum. Tenant is not required to carry renter's insurance which includes coverage for pet ownership. 1."11. ADDITIONAL RULES ·' f •• -. ·.' ,, Tenant's use and occupancy of the Property is subject to all policies, rules, regulations, covenants, restrictions and other matters of record, attached to this Lease, specifically. The Declaration of Condominium. The rules and regulations of the homeowners association or condominium applicable to the Property. Any Landlord specified rules governing use of the Property (Rules Addendum). 1.12. SMOKING POLICY Smoking means: (i) inhaling, exhaling, breathing, carrying, or possessing any lighted cigar, cigarette, pipe, or any other lighted or heated tobacco or plant (including marijuana) product intended for inhalation including hookahs or any similar product, whether natural or synthetic, in any manner or in any form; or (ii) use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form. Smoking is not allowed in the Property and, if applicable, all common areas of the Building and on Building grounds. Landlord may charge Tenant a fee of up to $250 for a second and subsequent violations if Tenant smokes in a clearly designated nonsmoking Property or area of the Building or Building grounds. a. Lease Agreement Page 7 of 32 Item 5 - Page 49 2. Additional Terms 2.1. PROPERTY CONDITION Tenant has examined the Property, either in person or virtually, prior to signing this Lease and, as of the date of this Lease, . is satisfied with its condition and appearance (Existing Condition). Landlord will deliver possession of the Property to Tenant on the Start Date in the same or better condition as the Existing Condition, except for ordinary wear an,d tear. 2.2. POSSESSION In the event Landlord cannot deliver possession of the Property to Tenant by the Start Date, through no fault of Landlord, · this Lease will continue in full force but Tenant, as Tenant's sole remedy, will not be obligated to pay the Monthly Rent (prorated based upon a 30-day month) for the period that Tenant is unable to take possession. If Landlord fails to deliver possession of the Property by the 30th day following the Start Date, Tenant may terminate this Lease by written notice delivered to Landlord at any point before actual possession of the Property is delivered to Tenant, in which event all amounts paid to Landlord by Tenant will be returned and Landlord will be released from all obligations and.liability under this Lease. 2.3. RENT PAYMENT 2.3.1. PAYMENT Tena·nt wilf pay the Monthly Rent for the first month of the Lease Term as described in the Basic Terms:· provktea thiiif the Start Date is not the Monthly Rent Due Date or the Rent is not to be paid on the first Monthiy Rent Due bate:aftt?r1fi,~ S'tart Date, then the amount will be prorated based upon the number of days from the Start Date to the next Monthly-R~nt o·ue Date. After the first month, Tenant will pay the Monthly Rent to Landlord, (or Landlord's Managing Agent, if sp~cffied· above), in advance, on the Monthly Rent Due Date of each month during the Term according to the payment details specified in the Basic Terms. Variable Charges, if any, will be payable according to the timeframe specified in the Basic Terms. Rent will be payable in the method specified in the Basic Terms. 2.3.2. LATE PAYMENT If Tenant fails to pay the Monthly Rent or any other Rent in full by the end of the day 5 days after it is due, a fee (Late Fee) in the amount specified in the Basic Terms to this Lease will be immediately assessed. The Late Fee is due by the end of the day after It is assessed. Acceptance of late payment does not waive Landlord's right to require payment of Monthly Rent in full on the date it is due. 2.3.3. RETURNED CHECKS / DISHONORED PAYMENTS If any payment of any Rent or other charges under this Lease is returned for insufficient funds or otherwise fails, Tenant will pay Landlord a fee in the amount specified in the Basic Terms. Landlord will also have the right to require the dishonored payment be replaced by a cashier's check, certified check, or money order. Should more than two of Tenant's payments to Landlord during the Term be returned for insufficient funds, Landlord may require that all future payments of Monthly Rent and other obligations be paid by cashier's check, certified check, or money order. 2.3.4. LAST MONTH'S RENT Tenant is required to pay Last Month's Rent upon execution of this Lease and Landlord will apply that payment to the Monthly Rent for the last month of the Term when due or Tenant's last month residing in the Property. The amount of Last Month's Rent paid by Tenant will not be used for any other purpose, including as a Security Deposit. a. Lease Agreement Page 8 of 32 Item 5 - Page 50 2.3.5. ACKNOWLEDGMENT OF DAMAGES Tenant acknowledges that late payment of Monthly Rent or any other Rent or issuance of a returned check will cause Landlord to incur costs and expenses, the exact amounts of which are extremely difficult and impracticable to determine. These costs may include, but are not limited to, processing. enforcement, and accounting expenses, and late charges Imposed on Landlord. Landlord and Tenant agree that the Late Fee and Insufficient Funds Fee represent a fair and· reasonable estimate of the costs Landlord may incur by reason of Tenant's late or dishonored payment. Landlord'5: acceptance of any Late Fee or Insufficient Funds Fee shall not constitute a waiver as to any default of Tenant.'Landlord's right to collect a Late Fee or Insufficient Funds Fee shall not be deemed an extension of the date Monthly Rent is due or prevent Landl~rd -from exercising any other rights and remedies under this Lease and as provided by law. 2.4. SECURITY DEPOSIT 2.4.1. USE OF SECURITY DEPOSIT I RESERVED FUNDS Landlord will hold the Security Deposit in a segregated account if required by applicable law. Interest on the Security Deposit will be retained by Landlord, unless required to be paid to Tenant under applicable law. Subject to applicable law, Landlord may use the Security Deposit to: (i) remedy Tenant Defaults (as defined in Section 2 9.1 below) under this Lease, including past due Rent; (ii) pay for costs incurred by Landlord to repair damages to the Property caused by Tenant, any Occupants, or any guests of Tenant or any Occupants, beyond ordinary wear and tear; and/or (iii) pay cleaning costs incurred by Landlord to return the Property to the same level of cleanliness it was in at the Start Date (collectively, Deposit Claims). The Security Deposit will not relieve Tenant of any obligation to pay any Rent due under this Lease prior lo termination. If a Pet Damage Deposit is required, it will be considered a Security Deposit and subject ~o the terms of thi~. Sectidn. · · · · · · \;. ··!r :/~: .. · _.~. • "~:r 2.4.2. RETURN OF SECURITY DEPOSIT The Sec~'rity-Deposit and any accrued interest (if required under applicable law), less any Deposit Claims, will be returned to Tenant withi~ 21 days (or shorter period as required by local ordinance) after Tenant vacates the Property upon expiration or earlier termination of this Lease. The returned portion of the deposit will be sent as a single check payable to Tenant(s) listed in the Basic Terms, or as otherwise agreed to by Landlord and Tenant. Any Deposit Claims wilfbe descriosd in an itemized statement provided with the returned portion of the deposit. If the Deposit Claims exceed $125, Landlord will provide to Tenant copies of documents showing the charges incurred and deducted by Landlord to repair or clean the Property. Tenant will provide a forwarding address to Landlord where the Security Deposit, less Deposit Claims, and the itemized statement will be mailed. In the event Tenant fails to provide a forwarding address, the Security Deposit and statement-will be sent to Tenant's last known address, which may be the Property, and Landlord will not be liable for Tenant's delayed receipt of, or failure to receive, the Security Deposit and itemized statement. 2.4.3. CREDIT REPORTING NOTICE Landlord may submit a negative credit report on Tenant's credit record to a credit reporting agency if Tenant fails to fulfill the terms of Tenant's credit obligations, including the financial obligations under this Lease. 2.5. TENANT'S OBLIGATIONS 2.5.1. RESIDENTIAL USE ONLY Tenant will use and occupy the Property for residential purposes only. Tenant will not use or permit the use of the Property for any non-residential, illegal, or otherwise inappropriate purpose, including for any commercial purpose. 2.5.2. PERMITTED OCCUPANTS a. Lease Agreement Page 9 of 32 Item 5 - Page 51 Except as prohibited by applicable law, the Property will not be occupied by anyone other than the following: (i) Tenants; (ii) Occupants identified in the Basic Terms; and (iii) children under the age of majority of any Tenant (and Tenant will notify Landlord promptly after any such children take occupancy). 2.5.3. NO DISTURBANCE OR NUISANCE PERMITTED Tenant will not, and will not permit any Occupants or any guests to: (i) make any unreasonably loud or otherwise cirfreasonable use of the· Property; (ii) allow any condition on the Property or, if applicable, common areas cif th~ Building that poses threat of injury to persons or property; or (iii) otherwise interfere with the rights, comf~rt. safety, or erij_oym~nt of the other tenants or occupants of the Building (if applicable) or neighboring properties. . ,;· ' '-' 2.5.4. UTILITIES Prior to the Start Date, Tenant will open accounts (including making any required deposits for service) in Tenant's··name for all utilities specified as Tenant's responsibility under the Basic Terms. Tenant will maintain and/or pay for all utilities without interruption during the Term. Tenant will provide Landlord with evidence that any applicable utilities, assessments, or charges have been paid by Tenant, upon request. 2.5.5. MAINTENANCE ~enant will: (i) keep and malntai~ ttle Property in a clean, safe, and sanitary condition; (ii) regularly dispose of all garbage and other waste in a clean and safe manner, not overload any trash receptacles, and separate and dispose of ~ecyclable and compostable materials in any provided separate receptacles; (iii) use all appliances, fixtures, and equipment located in .. the Prop_erty io a safe and re~sonabfe manner in keeping with their intended function and, if provided to Tenant, the applicable operating instructions; (iv) not obstruct access to doors and windows; and (v) maintain the Property in the same conditi~n as it was delivered to Tenant, except for ordinary wear and tear. Landlord has i~stalled one or mor~·oper~tional smoke detectors and carbon monoxide detectors. If the Property has a gas heater or appliance, fireplace.cir ar{~tfadhed garage, Tenant will regularly (not less often than once per month) test the detectors and notify Landlora'~f ariy deficien~i~~ for Lan.dlord to correct. Tenant will pay to repair any damage to the Property caused by Occupants or ~fly guest of . Occupants, except for ordinary wear and tear. I 2.5.6. NO TRANSFER Tenant will not sublease or assign all or any portion or the Property without the prior written consent Of Landlord,· in Landlord's sole discretion. Any attempted sublease or assignment of the Property or this Lease without the prior written consent of Landlord will be void and cause for termination by Landlord. No sublease of the Property will release Tenant from any obligation under this Lease, and Tenant will be liable for any violations of this Lease caused by a subtenant. Tenant will not rent the Property, or any portion of the Property, including any rental program such as "Alrbnb," ''VRBO," or similar program, and Tenant's entry into any short-term rental agreement will be cause for termination of this Lease by Landlord. 2.5.7. NO ALTERATIONS Tenant will not perform any alterations or improvements to the Property without the prior written consent of Landlord, in Landlord's sole discretion. Alterations and improvements include adding, changing, or removing appliances, fixtures, shelving, wallpaper, or wall paint. In addition, except as required by applicable law, Tenant is not allowed to arrange, and will not permit, the installation of new or additional wiring, cabling, or equipment without Landlord's prior written consent, in Landlord's sole discretion. If Tenant violates this provision, Tenant will return the property to its original condition at Tenant's sole cost and expense. If Landlord approves of any alterations, Tenant understands that any applicable alterations will remain as part of the Property at the end of the Term. Tenant will not subject the Property to any liens in connection with making any alteration or improvement and will indemnify Landlord from all costs and expenses related to alterations, a_ Lease Agreement Page 10 of 32 Item 5 - Page 52 improvements, or liens. 2.5.8. JOINT LIABILITY All Individuals executing this Lease as Tenants will be jointly and severally liable for the performance of all. agreem~ms, covenants, and obligations of a Tenant contained in this Lease. 2.6. LANDLORD'S OBLIGATIONS 2.6.1. SERVICES AND UTILITIES Landlord will only provide the services and utillties to the Property as specified in the Basic Terms in the 'amounts ·specified in the Basic Terms as currently provided to the Property and as otherwise required under applicable law. Tenant waives all liability of Landlord for any interruption or insufficiency of any service or utility resulting from causes beyond the reasonable control of Landlord. 2.6.2. MAINTENANCE AND REPAIRS Subject to Tenant's duties under Section 2 5 above, Landlord will maintain the Building (Including its structural elements, roof, and systems) in good order and repair and, if applicable, will maintain the Building common areas, in a clean, safe, and sanitary condition. Landlord will be responsible for, and will pay for, repairing (and restoring to working conditio~j the appliances, fixtures, or equipment located in the Property, except if any repairs are necessary as a result of improper use by Occupants, or the guest of any Occupant. Tenant will notify Landlord promptly in writing upon becoming·aware of any. condition within the Property or, if applicable, in the Building, that requires repair or maintenance· by landlord~ L~ndloh:1 will ··•:. und~rtake any required repairs reasonably promptly, based on the condition, following receipt of notice. Delay by Landlord in performing or completing any repair will not permit Tenant to complete the repair or incur related expenses or to terminate this Lease, except as permitted by applicable law. In the event some or all of Landlord's maintenance obligations are provided by a condominium or other owners association. then Landlord's obligation hereunder will be solely to enforce. the obligation of the association or authority to perform such maintenance (in lieu of Landlord being obligated to perform such maintenance directly). 2.6.3. QUIET ENJOYMENT Landlord covenants and agrees that, provided Tenant is not in default under this Lease, and provided that Tenant keeps, observes, and performs all obligations contained in this Lease, Tenant will have quiet possession of the Prpperty and such possession will not be disturbed by or interfered with by Landlord. Landlord will under no circumstances be held responsible for restriction or disruption of use, enjoyment, or access to the Property from public streets caused by construction work or other actions taken by governmental authoriti.es or other parties, or any entry or work by Landlord in or around the Property authorized by this Lease, or any other cause not entirely within Landlord's direct control, and such circumstances will not constitute a constructive eviction of Tenant nor give rise to any right of Tenant against Landlord. 2.7 .. LANDLORD'S ACCESS Landlord, its agents and contractors, will have the right of reasonable access to the Property during normal business hours to perform its obligations of maintenance and repair of the Property or, if applicable, any other portion of the Building, as long as Tenant is provided (in writing, by telephone, or other means designed in good faith to provide notice) 24 hours' notice (or six days if the notice is mailed) prior to entry, except that in the case of an emergency or, if applicable, if repairs or a. lease Agreement Page 11 of 32 Item 5 - Page 53 maintenance elsewhere in the Building unexpectedly require access, Landlord may immediately access the Property and · will give Tenant notice of the entry within two days after. Landlord and its agents will have the right to access the Property during normal business hours for the purpose of showing the Property to prospective tenants and purchasers. Landlord will provide 24 hours (or six days if the notice is mailed) prior notice given to Tenant (in writing, by telephone, or by other mear.is designed in good faith to provide notice) before any showing. Tenant will not prevent Landlord from accessing the Property in order to conduct showings for which Tenant was provided notice. 2.8. SURRENDER 2.8.1. End ofTerm Tenant will surrender possession of the Property and return the keys to Landlord immediately upon the Expiration Date or earlier termination of this Lease. At the time of surrender, the Property will be in the same condition as the Start Date, except for ordinary wear and tear, and otherwise in clean condition and free of all personal property of the Occupants. To the extent permitted by applicable law, any personal property left on the Property after Tenant vacates the Property will be deemed abandoned by the Occupants and may be disposed of by Landlord at Tenant's cost (and may be deducted from Tenant's Security Deposit by Landlord). Neither Landlord nor Tenant is obligated (and neither has any right) to unilaterally renew or extend the Term of this Lease. If all Occupants do not vacate the Property by the Expiration Date or earlier termination of this Lease, Landlord may commence legal proceedings allowed by applicable law to remove·and evict Tenant from the Property and will be entitled to recover from Tenant double the Mont~ly Rent prorated based on a 30-day mont~ (or the maximum rent allow~d for holdover under applicable law, if less) for the period until Landlord regains possession of the Property. Alternatively, if Landlord accepts Tenant's payment of the Monthly Rent otherwise due under this Lease for the month after the end of the Term, then this Lease will be deemed to continue on a month-to-month basis at the applicable Monthly Rent ~s identified above and otherwise on the same terms and conditions a~ contained in this Lease. Either Landlord_ or Tenant may terminate the month-to-month tenancy as of the date specified in a written notice of termination given to the other party, as provided in Section 1 3. 2.8.2. ABANDONMENT If Tenant moves out of the Property (abandonment) before the Expiration Date without notice and without the intention to return Landlord may deem the Property abandoned and terminate the Lease. The intention may be evidenced by (i) Tenant's removal of substantially all its personal property and (ii) either (A) nonpayment of rent for more than two'{2) months or (B) an express statement that the Tenant is vacating the Property by a specified date. If Tenant abandons the Property, Landlord may send notice containing certain statements to each Tenant's last-known address, and if the notice is returned as undeliverable or Tenant fails to contact Landlord within ten (10) days after receipt of the notice, Landlord may take possession of the Property and the Lease will be deemed terminated. Landlord may remove Tenant's possessions; however, Landlord must hold them for not less than thirty (30) days, at the expiration of which Landlord may dispose of them as the Landlord deems appropriate. 2.9. DEFAULT 2.9.1. DEFAULT BY TENANT Tenant will be in default (Default) if: (a) Tenant fails to pay any Monthly Rent by 7 days after Monthly Rent is due and does not cure the failure within three days of receiving written notice from Landlord; (b) Tenant fails to pay any Additional Rent by 7 days after the Additional Rent is due and does not cure the failure within three days of receiving written notice from Landlord or; (c) Tenant fails to comply with any other obligation or restriction in this Lease and does not cure the failure within three days of receiving written notice from Landlord. If Tenant Defaults under this Lease, Landlord may exercise all rights and remedies available under applicable law, including the right to: (a) terminate this Lease; (b) regain possession of the Property through an eviction or similar process; (c) recover from Tenant all unpaid Rent, including unpaid Monthly Rent, a. Lease Agreement Page 12 of 32 Item 5 - Page 54 Additional Rent, Late Charges and, if applicable, holdover Rent for the period prior to Tenant's delivery of possession of the Property to Landlord; (d) recover all Rent payable under this Lease for the period from the date of termination for Tenant Default through the stated Expiration Date, less the amount Landlord Is able to collect from any replacement tenants for that period; and (e) recover all reasonable costs and expenses incurred by Landlord in repairing any damage to the Property, caused by the improper use by any Occupant or any guests of an Occupant, less any amounts obtained from the Security Deposit. Additionally, to the extent permitted under applicable law, Landlord may recover from· Tenant Landlord's court costs and reasonable attorneys' fees and expenses incurred in connection with any legal proceedings against Tenant. To the extent required by applicable law, Landlord will use reasonable efforts to mitigate any damages resulting tr9m Tenant Default. Landlord and Tenant agree that as a condition for granting relief from forfeiture, Tenant shall pay all back .rent, pay Landlord's attorneys' fees and costs, and pay any other damages sustained by Landlord, as a conqition for relief from forfeiture. 2.10. NOTICES Any notice of termination of this Lease, notice of Default by Tenant under this Lease, notice of eviction by Landlord, or any other notice required to be given in writing under applicable law (Material Notices) will be in writing and sent to Tenant and Landlord at the applicable address set forth in Sectjon 2, 18 below. Except for Material Notices, all other written notices under this Lease may be delivered to the other party at the e-mail address or physical address of the party specified in Section 2.1 B. or by other electronic means agreed to by the parties. Either party can update its email or physical address by sending written notice to the other party. 2.11. CASUAL TY DAMAGE If the Property is rendered uninhabitable by a fire, storm, or other casualty, then this Lease will terminate· as. of th·e date of the casµalty_and Tenant ·will pay to Landlord only the Rent for the period prior to the casualty and Landlord· ~Hf re~~r~ to. Tenant any Rent paid for the period after the casualty. However, if a portion of the Property rem_ains habitable, ~hen thi~ Lease will continue but Monthly Rent will be adjusted proportionally based on the proportion of the Property still habitable by Tenant. until the damaged portion of the Property has been restored to a habitable condition. Nonessential elements (including decks and porches) of the Property will not be counted in determining the habitable portions of the Property. If the Property is part of a larger Building and any other part of that Building is materially damaged by casualty, Landlord will have the right to terminate this Lease upon 30 days' written notice to Tenant. If the Property, or another portion of the Building of w~lch the Property is a part, is damaged or destroyed by fire or other casualty resulting from ~ny negligent act py Tenant or any Occupant or the guest of Tenant or an Occupant, Tenant will be liable to Landlord for the costs of repairing the damage. 2.12. GOVERNMENT TAKING If all or a substantial part of the Property is taken by right of eminent domain, or by purchase in lieu of condemnation, and the taking would render the Property uninhabitable, this Lease will terminate, and the Rent will cease as of the date that the physical taking of the Property occurs. If part of the Property is taken the Tenant may choose to terminate the Lease as provided in the preceding sentence, or remain in the Property for the duration of the Term but the Monthly Rent will be adjusted proportionally based on the portion of the Property still habitable by Tenant, and Landlord will restore the Property to a condition suitable for Tenant's use, as near to the condition immediately prior to the taking as Is reasonable under the circumstances. 2.13. TENANT'S PROPERTY Tenant acknowledges that Landlord's insurance does not cover loss or damage to any of Tenant's personal property located on the Property and that Landlord will not be liable for any damage to Tenant's personal property. If required by the Basic a. Lease Agreement Page 13 of 32 Item 5 - Page 55 Terms, Tenant will obtain and maintain (during the Term) renter's Insurance of at least the level stated in the Basic Terms. Upon landlord's request, Tenant will provide Landlord a certificate of insurance as evidence of.the policy. Even if no policy of renter's insurance is required, Landlord recommends that Tenant obtain renter's insurance. 2.14. SUBORDINATION/ ESTOPPEL This Lease and Tenant's rights under this Lease are subject and subordinate to any current and future i:nortgage$/deeds of trust (and any related amendments) on the Property (or the land where the Property resides). Upon Lanqlo(d's writte_A request, Tenant will sign any documents required by any applicable lender or purchaser to affirm the terms and.status of this Lease. 2.15. GENERAL This Lease will be governed by the laws of the State of California, and any additional laws of the city or county .in which the Property Is located. This Lease will be binding on and inure to the benefit of all permitted heirs, legal representatives, and assigns of the parties. This Lease, along with the attached Addenda and legal disclosures, contains the entire agreement .between Landlord and Tenant and may not be changed except in writing signed by all parties. If any provision of this Lease is found to be invalid or unenforceable, all other provisions contained in this Lease will remain binding and enforceable to the maximum extent permitted by applicable law. 2.16. DISCLOSURES/ ADDENDA Tenant acknowledges that the legal disclosures and addenda (Addenda) attached to this Lease are part of the legal agreement between the parties. Tenant will comply with all applicable rules and regulations set out in the attached addenda. The terms of this Lease will control in the event of any conflict between the terms of any Addenda and the terms of the Lease. 2.17. EXECUTION All individuals indicated in the Basic Terms as comprising Tenant will sign this Lease and related attached Addenda where indicated. Each of Landlord and Tenant consents to the other party's execution of this Lease by electronic signature. Delivery of this Lease containing the electronic signature of a party or otherwise by facsimile through electronic means or as a digital copy will have the same full force and effect as a manually executed original version. a. Lease Agreement Page 14 of 32 Item 5 - Page 56 2.18. CONTACT INFORMATION 2.18.1. TENANT Tenant's address is required for notice prior to the Start Date. Notices after the Start Date will be made to the Property. t~~~~~~n~:=~~;-1 .. ' .. -~~~-r~-~~~~o!~~~~j~~~~:~'.~r t~-· ~~~-~-D-~~~-1. _____ P~-~.~~~~~~[~_·-.=:·~ :-Email - Inc . ; ----·-·--·~---- 2.18.2. LANDLORD & MANAGING AGENT Landlord Name I Address for Notice . j . Phone . · .....c--......c....-------1 -----· -·---··--·· ·------------··-······· --~·------·-·•--·-··- Email GARY MITCHELL _J _______ ····--··-·-······-·· ~-Lease Agreement Page 15 of 32 Item 5 - Page 57 IN WITNESS WHEREOF, Tenant and Landlord have executed this Lease as of the date of the last signature below. TENANT SIGNATURE Maddys Management Inc Mo.a4,t.M~I~ O!WOUID:\l:11PMNJt•2-1 LANDLORD SIGNATURE GARY MITCHELL GA.'KY MHCHW (l),IWCWWC;JS,11,or.w a. Lease Agreement Page 16 of 32 Item 5 - Page 58 Pet Addendum This Pet Addendum is attached to and made a part of the lease between Landlord and Tenant for the Property dated as of the date hereof (Lease). All capitalized terms us!d in this Addendum have the meanings given such terms in the Lease. A. PERMISSIONS TO HAVE PET(S)/IDENTIFICATION Subject to Tenant's compliance with this Addendum, Tenant is granted permission to keep only the following pet(s) at the Property during the Term of the Lease (each, a Pet): r. .e-: ... -~~t_N_am~ ______ . _)_ ...... --~~-=~~~~=-=·=·--o~scripti~~---········-~-•., _ ~ l __ ····-------·-·········-····~·· .. ······; .~y~~'..~~g;-~~~~.~~~-~~-~~-~-,--····----·-·······-····-··--············---·---~---I B. RULES,_REGULATIONS, AND AGREEMENTS The following pet rules apply: 1. Tenant represents that each Pet is properly licensed and vaccinated as required by applicable law, and Tenant awees to keep all licensureand vaccinations current. Tenant further agrees to provide proof of licensing and vaccination upon . Landlord's request. 2. Tenant represents to Landlord that each Pet is hou·sebroken, has no vicious tendencies or history of threatening or causing harm to persons. 3. Pets must be kept on a leash (or otherwise under the direct physical control of Tenant or another p,erson),a.t all time when, if applicable,-·io the Common Areas or other portions of the Building or ground.s. , ·-~-~ .,. ,::;· --~ 4.-Tenant will clean up after each Pet and properly dispose of all waste. 5. Tenant will maintain the Property free of odor and stain from any Pet. Tenant will use prompt and diligent efforts.to prevent and eliminate any infestation of pests (e.g. fleas) associated with any Pet. 6. Tenant will not groom or wash any Pet in a Common Area. 7. Tenant is responsible for controlling and minimizing noise caused by any Pet. Unreasonable levels of.noise w~ich Interfere with the quiet enjoyment of any other tenants is prohibited. 8. Tenant is responsible for and will be charged for any damage to the Property or Building caused by any Pet. Oar'nage· includes, but are not limited to, damage to floors, carpets, drapes, screens, landscaping, and fencing, including any odors due to the presence of a Pet. 9. Tenant will indemnify and hold Landlord harmless from all liability, claims, demands, damages, and costs for injuries to persons or property in connection with Tenant's Pet(s). 1 O_. If Landlord receives a complaint or otherwise has reasonable belief that the conduct or condition of a pet constitutes a nuisance under state or local law or otherwise poses a threat to the safety or health of others, Landlord may inspect the Property and if Landlord determines that the Pet constitutes a nuisance or threat to others, Landlord may revoke the permission granted under this Addendum and order Tenant to remove the subject Pet from the property. Tenant will comply with such order and permanently remove the subject Pet from the Property within 48 hours. 11. Landlord may (but is not obligated to) enter the Residence and remove (or, if applicable, permit any local authority to remove) any Pet from the resident's apartment and take such other action as permitted by law, including placing the Pet in a shelter at Tenant's expense if: (a) the Pet becomes vicious, displays symptoms of severe illness, or demonstrates other behavior that indicates a threat to the health or safety of others, or (b) Tenant dies, becomes incapacitated, or otherwise unable to care for the Pet and (b) Landlord. or Managing Agent believe in good faith the Pet is being abused or neglected or a. Lease Agreement Page 17 of 32 Item 5 - Page 59 is in distress. 12. Any rights of Landlord may be exercised by Landlord's Managing Agent, if applicable. The violation of any provision ofthis Pet Addendum will constitute a Default under the Lease. a. Lease Agreement Page 18 of 32 Item 5 - Page 60 TENANT SIGNATURE LANDLORD .SIGNATURE GARY MITCHELL Glll(y MUCHW ~,wcn~,1.1Xl1'->-11 a. Lease Agreement Page 19 of 32 Item 5 - Page 61 Rules Addendum This Rules Addendum is attached to and made a part of the lease between Landlord and Tenant for the Property dated as of the date hereof (Lease). All capitalized terms used in this Addendum have the meanings given such terms in the Lease. ACTIONS OF RESIDENTS N/A .KEYS N/A USEOFPREM~ESANDCOMMONAREAS N/A OTHERS 1. Landlord and Tenant agree to 10% discount on rent if 1 year rent Is paid up front -up front amount = $31,320.00 2. Hot tub/dipping pool is cleaned twice weekly at Landlord's cost • pool guy has access via the garage. 3. Garage is excluded from the lease as the homeowner's vehicle and personal belongings will be stored there, however tenant has access and room for small items such as ·bikes, etc. Tenant Is free to use owner's bikes too·. 4. Landlord pays utilities (except fot Tv/Cable, lnternetJWiFI) however there is a monthly cap of$100/month for Electric & Gas, anything over will be charged to tenant. 5. Tenant Is allowed to paint walls • color(s) to be blessed by Owner beforehand 6. Should owner decide to sell the property, the tenant will be offered first rights to buy. a_ Lease Agreement Page 20 of 32 Item 5 - Page 62 IN WITNESS WHEREOF, Tenant and Landlord hereby agree to this Rules Addendum. TENANT SIGNATURE Maddys Management Inc M~M~In.(, GJ.IIWOU03.-11:2$PUPOT•Z•1J LANDLORD SIGNATURE GARY MITCHELL Gtl'KY !tfITCHW OJ.IWOUO~,U,MPIIT•:WI a. Lease Agreement Page 21 of 32 Item 5 - Page 63 Lead Based Paint Hazard Disclosure 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. LANDLORD'S DISCLOSURES Landl_ord has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. Landlord has no records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing. TENANT'S ACKNOWLEDGEMENTS By signing below, Tenant acknowledges receipt of copies of all information listed above. In addition. by signing below, Tenant acknowledges receipt of the pamphlet Protect Your Family from Lead in Your Home, a copy of which is attached to this Lease. CERTIFICATE OF ACCURACY IN WITNESS WHEREOF, 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. TENANT SIGNATURE Maddys Management Inc Maddy,1. Mfll'IIJ9&11ent J,,o ll).1.,ZIJ1JIIJ:11::Cl'M,0f,:Z.ZJ LANDLORD SIGNATURE GARY MITCHELL GA.KY MllCHet..t CJ.IWOU 0120:ZS FM ,or •:W• a_ Lease Agreement Page 22 of 32 Item 5 - Page 64 Megan's Law Disclosure Notice: Pursuant to Section 290.46 of the California 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 the offender resides. IN WITNESS WHEREOF, Tenant and Landlord hereby acknowledge this disclosure TENANT SIGNATURE Maddys Management Inc Madt/,;6-M~ J,v, m.1wm111:11:a,.,,cn.i-n LANDLORD SIGNATURE GARY MITCHELL GttKY 'MrrCHW m.1a.=JG1:Z2ZS,..PDT•).ll a. Lease Agreement Page 23 of 32 Item 5 - Page 65 Asbestos Report Asbestos is a common building material that may be present in many buildings constructed prior to 1981. The United States Environmental Protection Agency {EPA) has determined the mere presence of asbestos materials does not pose a health risk to residents and that such materials are safe as long as they are nofdisturbed or dislodged in a manner that causes the asbestos fibers to be released. Sanding, scraping, pounding and other remodeling techniques that release dust may cause asbestos particles to become airborne. EPA rules do not require the material to be removed. Federal law requires that reasonable precautions are taken to minimize the chance of damage or disturbance of asbestos containing materials. Tenant(s) acknowledge this is a WARNING that the Leased Premises may contain asbestos and may expose him/her to a chemical known to cause cancer. Landlord has no knowledge of asbestos and/or asbestos hazards located in or around the leased Premises. a. Lease Agreement Page 24 of 32 Item 5 - Page 66 TENANT SIGNATURE LANDLORD ·s1GNATURE GARY MITCHELL Glf,'f?Y MrrCHttt Ql.l .. lOUOJ:J01lSP!.IP1>T,~ a. Lease Agreement Page 25 of 32 Item 5 - Page 67 Flood Hazard Disclosure Landlord has no knowledge that the Property is located in a special flood hazard area or an area of potential flooding. Tenant may obtain information about hazards, including flood hazards, that may affect the property from the California Governor's Office of Emergency Services at http://www.myhazards.caloes.ca.gov. Landlord is not required to provide any additional information concerning flood hazards to the property. TENANT SIGNATURE Maddys Management Inc M~Milnll9emene]rt<; ID-la.llWCJ<ll:HNP01°J-IS LANDLORD SIGNATURE GARY MITCHELL G,U?Y NrrC'HW. CJ,!a.zonu10,a,,,.,11T•J.5J a. Lease Agreement Page 26 of 32 Item 5 - Page 68 Methamphetamine Laboratory Contamination Notice California law (Health and Safety Code Section 25400.28) requires property owners to provide written notice to all prospective tenants that have completed an application to rent an affected dwelling unit or other property of any methamphetamine remediation order, and shall provide the prospective tenant with a copy of such order. Methamphetamine contamination can be dangerous to Tenant in high concentrations, presenting health concerns through absorption of the materials in the air. This Property has no suspicion of contamination. TENANT SIGNATURE Maddys Management Inc LANDLORD SIGNATURE GARY MITCHELL GllKY !tf.ITCHW OJ.IWOUGJ:»lSPMPOT•Hl ~-Lease Agreement Page 27 of 32 Item 5 - Page 69 Death In The Property Notice Tenant has a right to have questions answered pertaining to death in the rental unit to the best of the Landlord's knowledge upon request. At the time of this Lease agreement, Landlord certifies the following information pertaining to the history of death in the rental property: No death reported. TENANT SIGNATURE Maddys Management Inc M~M~Ino cu-11-1111,c,1:21, .. ,or.z.a LANDLORD SIGNATURE GARY MITCHELL GAKY Mrrc11w. 03-IW02l a.\:2:t25 PM PDT• 3-73 a. Lease Agreement Page 28 of 32 . Item 5 - Page 70 Tenant Protection Act Disclosure This property is not subject to the rent limits imposed by Section 194 7 .12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation. ACKNOWLEDGMENT IN WITNESS WHEREOF, the following parties have reviewed the information above. TENANT SIGNATURE Maddys Management Inc M~Mtll1Jl9~In(} QJ.tWCZIOJ:.11:MNPCI •NS LANDLORD SIGNATURE GARY MITCHELL Gtl'KY MITC'Htll. CJ.l~CUDJ:20.HPM'OT•:MJ a. Lease Agreement Page 29 of 32 • Item 5 - Page 71 Military Facilities Disclosure The Property is not located within one mile of an abandoned or closed military base where ammunitlon_or military explosives were used. TENANT SIGNATURE LANDLORD SIGNATURE GARY MITCHELL G1f-'KY MHCHW C3-l&,2W~45P1.1Pllf•Ml a. Lease Agreement Page 30 of 32 Item 5 - Page 72 Information about Bed Bugs BED BUG APPEARANCE Bed bugs have six legs. Adult bed bugs have flat bodies about 1/4 of an inch in length. Their color can vary from red and brown to copper colored. Young bed bugs are very small. Their bodies are about 1/16 of an inch in length.-They l:lave almost no color. When a bed bug feeds, its body swells, may lengthen, and becomes bright red, so·metimes making it appear to be a different insect. Bed bugs do not fly. They can either crawl or be carried from place to place on objects, people, or animals. Bed bugs can be hard to find and identify because they are tiny and try to stay hidden. LIFE CYCLE AND REPRODUCTION An average bed bug lives for about 1 O months. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days. Bed bugs can survive for months without feeding. BED BUG BITES Because bed bugs usually feed at night, most people are bitten in their sleep and do not realize they were bitten. A person's reaction to insect bites Is an immune response and so varies from person to person. Sometimes the red welts caused by the bites will not be noticed until many days after a person was bitten, if at all. Common signs and sy·mptoms of a possible bed bug infestation: • Small red to reddish brown fecal spots on mattresses, box springs, bed frames, mattresses, linens, upholstery, or walls. • Molted bed bug skins, white, sticky eggs, or empty eggshells. • Very heavily infested areas may have a characteristically sweet odor. • Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping. However, some people do not show bed bug lesions on their bodies even though bed bugs may have fed on them. For more information, see the Internet Web sites of the United States Environmental Protection Agency and the National Pest Management Association. CERTIFICATE OF ACCURACY IN WITNESS WHEREOF, Tenant and Landlord have executed this Notice as of the date of the last signature below. TENANT SIGNATURE Maddys Management Inc Madd~M~~l!l1tl~ 0:).lt-JOZJC0:11:76,,_,,ot.!o,S a. Lease Agreement Page 31 of 32 Item 5 - Page 73 LANDLORD SIGNATURE GAR"/' MITCHELL G;tf?Y JlfITCHe:et C,.IWO?J~PMfCt••loi a. Lease Agreement Page 32 of 32 Item 5 - Page 74