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EXHIBIT 10.8
MONTH TO MONTH RENTAL AGREEMENT
Based upon the Santa Monica Rent Control Charter Amendment
(Prepared in accordance with general California Landlord-Tenant Law in effect
as of the revision date. Consult with your attorney about local technicalities
or subsequent changes in the law.)
OWNER: Stan Flinkman
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RENTER: Corpas Investments, Inc.
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PREMISES: 2931 3rd Street Santa Monica, California 90405
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APT. NO. ADDRESS (ST., AVE., PL., BLVD., ETC.) ZIP CODE
Owner and Renter agree that Renter's performance of and compliance with each of
the terms hereof, and with Owner's House or Pool Rules (if any) which are
incorporated herein by reference, constitute a condition on Renter's right to
occupy the Premises. Any failure of compliance or performance by Renter shall
allow Owner to forfeit this agreement and terminate Renter's right to
possession.
A. Rent Start Date January 22, 2000 I. Maximum Occupancy
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B. Rent per Month $4,000 (1) per Agreement 5
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C. Day of Month Rent Due 1st (2) per Building Code
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D. Returned Check Charge $50 J. Named Renter Corpas Investments, Inc.
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E. Security Deposit $4,000 K. Added per Occupant Rent $100
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F. Owner Paid Utilities None L. Owner's Personal Property see additional terms
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G. Parking Space (Lic./Space #) 2 in garage M. Charitable Organization CLARE
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H. Storage Space None N. Pets one dog
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1. RENT/LATE RENT CHARGE: Should the Rent Start Date (Section A) be other
than the first day of the month, Owner may prorate the rent to the first day of
the succeeding month. Renter shall pay owner the rent due for each rental month
in advance, on the date and in the amount set out in Sections B and C. If
Renter's check is returned "NSF," Renter shall pay a Returned Check Charge set
out in Section D and Owner may demand that future rent payments be by cashier's
check or money order. Such Late Charge and/or Returned Check Charge may be
deemed additional rent by inclusion in an eviction notice or may be deducted
from Renter's Security Deposit. Any Security Deposit refund-claim shall be
deemed compensated to the extent of any such deduction. All of Renter's
monetary obligations hereunder are deemed rent.
2. SECURITY DEPOSIT: Renter shall pay to Owner the total Security Deposit
set out in Section E to secure Renter's compliance with all terms of this
Agreement and Owner's Rules and Regulations. (In addition to the first month's
rent, Owner may demand a security deposit not to exceed to two times the
monthly rent for unfurnished apartments and three times the monthly rent for
furnished apartments.) No portion of the Security Deposit shall be deemed rent
for any rental month unless Owner so elects nor shall it constitute a measure
of Owner's damages. No interest is payable on the Security Deposit unless
required by law. Any refund of the Security Deposit to Renter shall be made in
an amount and manner in accordance with the provisions of California Civil Code
Section 1950.5.
3. UTILITIES: Renter shall pay for all utilities supplied to the Premises
except those set out in Section F. If Renter defaults in the payment of rent,
Owner may instruct any utility company to charge any utilities so designated,
henceforth, to Renter and place the same in Renter's name, and Renter is
obligated to pay for the same thereafter. Owner is authorized to get notice
from any utility company of any default in payment by Renter. If Owner is
charged with any such amount, Owner may recover it from Renter or deduct the
same from the Security Deposit as unpaid rent or damages. Renter shall not use
any common area utilities. To the extent allowed by law, the pro-rated amount
of any penalty for utility overuse allowable to the Premises shall be payable
by Renter as additional rent.
4. PARKING/STORAGE RULES: If Renter is assigned a parking space on
Owner's property, set out in Section G, Renter shall use such space only for
the parking of operable, licensed and currently registered passenger
automobiles and not for the washing, painting or repair of such vehicles.
Renter shall not park, or allow anyone else to park, in any other space on
Owner's property. Renter shall not assign or sublet any such parking space and
Owner may have unauthorized vehicles towed away. Upon seven (7) days written
notice to Renter, Owner may terminate Renter's parking privilege or change the
size and/or location of Renter's parking space or storage space described in
Section H.
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5. NAMED RENTER/ASSIGNMENT/SUBLETTING: The Premises shall not be occupied
by more than the maximum number of "Agreement" occupants set out in Section I,
unless required by law, nor by any person other than the Named Renter set out
in Section J without the advance written consent of the Owner and at the
additional rent set out in Section K or prescribed by law. Renter's right to
possession shall not be assigned nor the Premises sublet.
6. GOOD CONDITION RECEIPT: Renter has examined the Premises including,
but not limited to, the furniture, furnishings, fixtures, appliances and
equipment PROVIDED BY OWNER AND SET OUT IN SECTION L, windows, doors, plumbing
and electrical facilities, hot and cold water supply, building grounds and
appurtenances, accepts the same `AS IS' and acknowledges that the same are in
good, clean and sanitary order, condition and repair unless noted to the
contrary on Owner's copy of this Agreement. If an inventory is attached hereto
it shall be deemed incorporated herein by reference. Except as provided by law,
Owner shall not be required to make any improvements, replacements or repairs
to the Premises and, if allowed by law, any such work shall be at Renter's
expense. Upon termination of the tenancy, Renter shall return the Premises to
Owner in as good order, condition and repair as when received, ordinary wear
and tear excepted, and free of Renter's personal property. Trash and debris,
burns, stains, holes or tears, of any size or kind, in the carpeting,
draperies, walls, windows or doors among other conditions, shall not be deemed
ordinary wear and tear. Renter acknowledges that no representation as to the
condition or repair of the Premises, or as to Owner's intention with respect to
any improvement, alteration, decoration or repair thereof, has been made to
Renter unless noted on Owner's copy of this Agreement. Renter's "GOOD FAITH" in
the assertion of any habitability defense to eviction for nonpayment of rent
shall be established. Evidence of Renter's "good faith" shall include, but not
be limited to, written proof of Owner's knowledge and opportunity to repair any
claimed housing deficiency prior to service of an eviction notice, whether by a
copy of a request-for-maintenance-demand delivered to Owner or otherwise, and
lack of Renter-causation of the claimed housing deficiency.
7. MAINTENANCE AND REPAIR/ALTERATIONS: Renter shall: (a) keep the
Premises in a clean and sanitary condition; (b) dispose of all rubbish, garbage
and waste in a clean and sanitary manner; (c) properly use and operate all
electrical, gas and plumbing fixtures and keep the same in a clean condition;
(d) not permit any person, in or about the Premises with Renter's consent, to
deface, damage or remove any part of the structure in which the Premises are
located nor the facilities, equipment or appurtenances thereto or thereon, nor
himself do any such thing; (e) occupy and use the Premises in the manner in
which they are designated and intended to be occupied and used. Renter shall be
liable for the expense of any repair caused by Renter's failure to comply with
these conditions. Renter shall not alter the Premises or paint or wallpaper any
portion thereof. Renter shall not install or use any dishwasher, clothes
washer, clothes dryer or air conditioner in or about the Premises except those
which may be supplied by Owner. Renter is responsible for any telephone hook-up
fee, and shall carry any telephone or wire maintenance insurance offered by the
telephone company.
8. DAMAGE/DESTRUCTION: If the Premises, or structure in which they are
located, are totally or partially destroyed and become unavailable for
occupancy due to fire, earthquake, accident or other casualty beyond the
control of Owner and Renter, for a period of twenty (20) days or more, then,
and only then, any party hereto may terminate this Agreement with written
notice to all other parties. If this tenancy is not so terminated, or if the
period the Premises are unavailable for occupancy is less than twenty (20) days
for any of the above reasons or for reasons of Owner's maintenance, repair,
modification, alteration, remodeling, reconstruction, extermination, or the
like, the sole remedy of Renter shall be an abatement of the rent,
proportionate to the interference with full use and enjoyment, until the
Premises are again available for occupancy.
9. INSPECTION/ENTRY: Owner may enter and inspect the Premises, during
business hours and upon reasonable notice to Renter, without Renter's presence,
for any lawful purpose. Owner may enter the Premises without advance notice to
Renter in case of an emergency. Renter shall not add nor change any lock or
locking device, bolt or latch on the Premises and shall provide Owner with a
key to any such device, forthwith, on demand. Renter acknowledges that Owner is
entitled to a key to the Premises and may use the same for entry as provided
herein or by law.
10. RULES AND REGULATIONS: Renter, and all persons in or about the
Premises with Renter's consent, shall comply with all Rules and Regulations
made by Owner, from time to time, and delivered to Renter, including House and
Pool Rules. Owner shall not be obligated to enforce any such Rules and
Regulations, or the terms of any other Agreement, and Owner shall not be liable
to Renter for any violation of such Rules and Regulations or other Agreements
by any other Renter or person. All visitors to the Premises, forthwith on
Owner's demand, shall produce picture-identification and sign a visitor log
book or be prohibited from entry.
11. INSURANCE: In consideration of this rental, Renter shall obtain and
pay for any insurance coverage necessary to protect Renter from any loss or
expense due to personal injury or property damage, including but not limited to
that caused by any act or omission of any party, including Owner or co-tenants,
criminal act, war, riot, insurrection, fire or act of God. The amount of
monetary damage caused to Owner by Renter's breach of this agreement shall be
deemed to be an amount equal to the amount of any loss sustained by renter by
any such act or event and shall offset any claim by Renter against Owner.
12. COMPLIANCE WITH LAWS: Renter shall not violate any law or commit or
permit any waste, damage to, or nuisance in or about, the Premises, or in any
way annoy any other renter, or operate any business in or about the Premises,
or do or keep anything in or about the Premises that will obstruct the common
areas or usage thereof, or increase Owner's insurance premiums.
13. NOTICE OF TERMINATION/DEATH: Renter shall give Owner 30-days notice of
intent to vacate the Premises and shall be liable for payment of rent through
the date of expiration of the notice or until the Premises are vacated.
Renter's death shall be deemed notice of termination.
14. WAIVER OF DEFAULT: Owner's failure to require strict compliance with
the terms of this Agreement, or to exercise any right provided for herein,
shall not be deemed a waiver of such compliance or right, or waive such
compliance or right in the future, and Owner's acceptance of rent with
knowledge of any default by Renter shall not be deemed a waiver of such
default, nor limit Owner's rights with respect to that or any subsequent
default.
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15. SURRENDER OF PREMISES/PROPERTY: In addition to Renter's liability
under Paragraph 13, if Renter is absent from the Premises for thirty (30)
consecutive days during which rent is unpaid, and if Owner has a reasonable
belief that Renter does not intend to maintain occupancy of the Premises, the
Premises and all of Renter's personal property located therein shall be deemed
surrendered to Owner and Owner may re-enter and retake possession of the
Premises and dispose of Renter's personal property by delivering it to the
Charitable Organization set out in Section M, or to any like organization if
the named organization refuses the property. If neither method of disposal of
the property is effective, Owner may dispose of the property in any other
manner Owner chooses, in Owner's absolute discretion.
16. NON-CURABLE BREACH OF AGREEMENT: The following, by way of illustration
and not limitation, shall constitute a non-curable breach of this Agreement:
(a) Police raid upon the Premises; (b) Arrest of Renter for
possession/sale/storage of any narcotic/controlled substance/chemical or herbal
contraband in or about the Premises; (c) Failure to permit Owner's entry of the
Premises following receipt by Renter of written notice of Owner's intent to
enter the Premises; (d) Failure to cooperate with Owner or any pest
controller/fumigator/exterminator following receipt by Renter of notice that
such services will be performed in or about the Premises; (e) Defaults by
Renter causing Owner to serve more than two notices to pay or quit, or perform
or quit, in any twelve (12) month period, whether or not Renter subsequently
cures such defaults; (f) A misrepresentation on Renter's Rental Application;
(g) Delivery of any security door/gate key to anyone not a party to this
Agreement; or (h) Failure to comply with any demand by Owner concerning
Renter's parking privilege.
17. PEST CONTROL/FUMIGATION/EXTERMINATION: Upon demand by Owner, Renter
shall temporarily vacate the Premises, for a reasonable period required, to
allow cited or needed repairs, pest or vermin control work to be done. Rent
shall be abated during Renter's absence. Renter shall comply forthwith, with
all instructions from the pest controller, fumigator and/or exterminator
regarding the preparation of the Premises for the work, including the proper
bagging and storage of food, perishables and medicine.
18. PETS/WATER BEDS/MUSICAL INSTRUMENTS: Renter shall not bring or keep
any pet (dog, cat, bird, reptile, etc.), liquid-filled furniture or musical
instrument on the Premises, unless noted in Section N of Owner's copy of this
Agreement. Liquid-filled furniture shall be accepted only with proof of
$100,000 insurance.
19. DESIGNATION OF PARTIES: The term "Owner" includes a "manager," "agent
of the owner," "management company," "Trustee" of a Trust, or any other person
or entity acting on behalf of the owner as the Lessor of the premises entitled
to rent the premises, collect the rent for the premises, and prosecute eviction
actions.
20. PARTIAL INVALIDITY: If any portion of this Agreement is held invalid,
it shall not affect the validity of any other portion of this Agreement.
21. ATTORNEYS FEES: If any legal action or proceeding is brought by Owner
or Renter related to this Agreement, the prevailing party shall be entitled to
recover attorneys tees not to exceed $500.00.
22. PRE-TRIAL RENT DEPOSIT: In any action for unlawful detainer, Renter
shall deposit unpaid rent with the Court by cashier's check or money order, if
so required by law.
23. GUARANTOR(S): On demand by Owner, Renter shall obtain the execution of
a Continuing Guarantee Agreement provided by owner, by an agreed upon
Guarantor. Said agreement shall be deemed incorporated herein and subject
hereto.
24. RENT ACCEPTANCE: Rent tendered by a third person for Renter's benefit
may be accepted without creating any new tenancy.
25. CREDIT REPORT: As required by law, you are hereby notified that a
negative credit report reflecting on your credit record may be submitted to a
credit reporting agency and/or your credit may be checked periodically.
26. ENTIRE AGREEMENT: The foregoing constitutes the entire agreement
between the parties and supersedes any oral or written representation or
agreement contrary hereto. Renter represents that he has relied solely on his
own judgment, experience and expertise in entering into this Agreement.
27. ESTOPPEL CERTIFICATE: Within 10 days after written notice, Renter
agrees to execute and deliver an estoppel certificate as submitted by Owner
acknowledging that this Agreement is unmodified and in full force and effect or
in full force and effect as modified and stating the modifications. Failure to
comply shall be deemed Renter's acknowledgement that the certificate as
submitted by Owner is true and correct and may be relied upon by a lender or
purchaser.
28. LEAD DISCLOSURE: If checked, the Premises were built prior to 1978 and
the following must be completed by the Owner, Renter and Real Estate Agent, if
any.
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, owners must disclose the presence of known lead-based paint
and/or lead-based paint hazards in the dwelling. Renters must also receive a
federally approved pamphlet on lead poisoning prevention.
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OWNER'S DISCLOSURE (initial where appropriate)
_____ Owner has no knowledge of lead-based paint and/or lead-based paint
hazards in the Premises. Owner has no reports or records pertaining to
lead-based paint and/or lead-based paint hazards in the Premises,
_____ See Attached. (A separate form is attached disclosing Owner's
information.)
RENTER'S ACKNOWLEDGMENT (initial)
__X__ Renter has received the pamphlet "Protect Your Family from Lead in Your
Home".
10. UNATTENDED PET: No pet shall be left unattended for more than
twenty-four hours. When tenant is on vacation or away from the premises for
more than twenty-four hours, the pet must be taken to a pet care facility.
Strangers to the tenancy shall not be allowed to enter the premises to care for
the pet.
11. ABANDONMENT OF PET: Any pet left at the premises following
either voluntary vacation by the tenant or lockout pursuant to court order
shall be deemed abandoned. The landlord has no responsibility for the care,
feeding, and maintenance of the pet, and may immediately turn the pet over to
any local animal control authority.
12. COMPLETE AGREEMENT: This is the complete agreement between the
parties concerning pet(s).
13. MODIFICATION OF AGREEMENT: This agreement may only be modified
by an agreement in writing signed by both parties.
14. WAIVER: The acceptance of rent by the landlord from the tenant
after a breach or purported breach of this agreement, shall not be considered a
waiver of any covenant herein.
15. INDEMNITY AND HOLD HARMLESS: The tenant shall indemnify the
landlord and hold the landlord harmless from any and all damages,
inconveniences, and nuisance which may be caused by the pet, and will reimburse
landlord for all expenses occasioned thereby.
16. LIABILITY insurance covering injuries or damages caused by
Renter's pet(s), with a minimum limit per incident as specified by Owner,
showing Owner as an additional insured, shall be purchased by Renter and kept
in effect during the tenancy on owner's demand.
17. OTHER:
Date: January 7, 2000 /s/ Ross Love
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Chief Executive Officer,
Corpas Investments, Inc.
Tenant
Executed for Corpas Investments, Inc.
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Date: January __, 2000 Tenant
/s/ Stan Flinkman
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Landlord and/or Agent
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______ Renter agrees to promptly notify Owner in writing of any deteriorated
and/or peeling paint.
REAL ESTATE AGENT'S ACKNOWLEDGMENT (initial, if agent involved)
______ Real Estate Agent has informed the lessor of the lessor's obligations
under 42 U.S.C. 4852d and is aware of his/her responsibility to ensure
compliance.
NOTICE: The California Department of Justice, sheriff's departments, police
departments serving jurisdictions of 200,000 or more and many other local law
enforcement authorities maintain for public access a data base of the locations
of persons required to register pursuant to paragraph (1) of subdivision (a) of
Section 290.4 of the Penal Code. The data base is updated on a quarterly basis
and is a source of information about the presence of these individuals in any
neighborhood. The Department of Justice maintains a Sex Offender Identification
Line through which inquiries about individuals may be made. This is a "900"
telephone service. Callers must have specific information about individuals
they are checking. Information regarding neighborhoods is not available through
the "900" telephone service.
CERTIFICATION OF ACCURACY
The following parties have reviewed the information above and certify, to the
best of their knowledge, that the information they have provided is true and
accurate.
Owner /s/ Stan Flinkman Renter /s/ Ross Love
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Chief Executive Officer,
Corpas Investments, Inc.
Real Estate Agent N/A Executed for Corpas Investments, Inc.
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ADDITIONAL TERMS: ALL APPLIANCES INCLUDING TWO REFRIGERATORS, STOVE,
DISHWASHER, RANGE, WASHER AND DRYER ARE PROPERTY OF OWNER. RENTER WILL BE
PROVIDED TWO PARKING GARAGE REMOTES TO BE RETURNED IN GOOD WORKING ORDER AT END
OF TENANCY. ANY REMOTE NOT RETURNED IN WORKING ORDER WILL INCUR A $50 CHARGE TO
TENANT.
OWNER WILL PUT UTILITIES INCLUDING WATER, ELECTRIC, GAS, CABLE, MODEM FOR
INTERNET, TRASH IN OWNER'S NAME. RENTER WILL PAY AN ADDITIONAL $250 PER MONTH
WITH THE RENT AS THE ESTIMATED COST OF THESE ITEMS. ANY EXCESS ABOVE THE $250
ESTIMATE WILL BE PAYABLE ON DEMAND TO OWNER. OWNER WILL PAY THE COST OF CABLE
T.V. TO INCLUDE HBO, SHOWTIME, MOVIE CHANNEL.
DATED January 7, 2000 DATED January 7, 2000
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OWNER: RENTER:
/s/ Stan Flinkman Corpas Investments, Inc.
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by /s/
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3005 Main Street 3015 Main Street #360
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ADDRESS ADDRESS
Santa Monica Santa Monica
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CITY CITY
California 90405 California 90405
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ZIP CODE ZIP CODE
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PET AGREEMENT
LANDLORD: Stan Flinkman
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TENANT: Corpas Investments, Inc.
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PREMISES: 2931 3rd Street
Santa Monica, California 90405
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PET(S) Kind: Dog
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Breed:
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Name:
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Tenant, in consideration of this agreement which is incorporated into the
rental agreement, shall abide by the following terms, each of which is
material:
1. PET(S) ALLOWED: The only pet(s) which the tenant shall keep
on the premises are described above.
2. REPAIR AND/OR REPLACEMENT: Tenant shall either, at the sole
election of the landlord, repair in a workmanlike manner or reimburse the
landlord for the costs of said repair, upon a demand contained in a three day
notice to perform or quit, any damages to the premises or its furnishings and
improvements, caused by the pet(s).
3. DOGS: Dogs must be neutered. Dogs must be leashed, at all
times, outside the premises. Dogs shall not be allowed to defecate on or about
the premises. Any such defecation must be immediately removed and either
wrapped or bagged. Unwrapped defecation shall not be placed in any trash
container. Dogs must not bark or howl or in any way become a nuisance or threat
to the other tenants of the premises. Dogs shall be kept free of fleas and
tenant is responsible for the costs of any and all flea infestation treatment
which may be required, at the sole discretion of the landlord. Tenant
represents that their dog(s) is/are housebroken.
4. CATS: Cats must be neutered. Cats must be kept inside the
premises at all times unless the premises is a single family dwelling. A litter
box must be maintained inside the premises and it must be kept clean. Litter
must be bagged before being placed into trash.
5. FEEDING: No pet may be fed outside the dwelling unit except
if the unit is a single family dwelling, or fed over any uncovered carpeting.
6. LAWS AND ORDINANCES: Tenant shall obey all pertinent laws and
ordinances.
7. FISH: Aquariums shall not exceed 10 gallons capacity.
8. BIRDS/HAMSTERS/CAVIES/MICE/SNAKES/LIZARDS: Shall be kept
caged at all times.
9. BREACH OF COVENANT. The breach of any covenant of this
agreement, following the service of a three day notice to perform or quit on
the tenant, shall be deemed a material breach of the rental agreement and will
entitle the landlord to restitution of the premises, and such other damages as
may be recoverable pursuant to the terms of the rental agreement.
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