1. Community Policies or Rules. You and all Guests and all other invitees of any Members (the “Member Related Parties”) must comply with any written apartment rules and community policies, including instructions for care of our property. Our rules are considered part of the Member Agreement. We may make reasonable changes to written rules, effective immediately, as allowed by the applicable federal, state and local laws in effect in the location in which the Unit is located. Any terms used but not defined in this Exhibit C-1 shall have the meaning set forth in the Member Agreement.
2. Limitations on Conduct. The Unit and other areas reserved for your private use must be kept clean and free of trash, garbage, and other debris. Trash must be disposed of at least weekly in appropriate receptacles in accordance with local ordinances and the Rules and Regulations for the Building (a copy of which is attached as Exhibit C-1 to the Member Agreement for the Unit, as the same may be amended from time to time in accordance with the terms of the Unit Lease) (the “Building Rules”). Passageways may be used for entry or exit. You agree to keep all passageways and common areas free of obstructions such as trash, storage items, and all forms of personal property. No person shall ride or allow bikes, skateboards, or other similar objects in the passageways. Any swimming pools, saunas, spas, tanning beds, exercise rooms, storerooms, laundry rooms, and similar areas must be used with care in accordance with the Building Rules, applicable laws and any posted signs. Glass containers are prohibited in all common areas. You and your guests may not anywhere in the Unit or other Building common areas: use candles or kerosene lamps or kerosene heaters without our prior written approval; cook on balconies or outside; or solicit business or contributions. Conducting any kind of business (including child care services) in the Unit, the Building or the common areas is prohibited – except that any lawful business conducted “at home” by computer, mail, or telephone is permissible if customers, clients, patients, or other business associates do not come to your apartment for business purposes. We may regulate: (1) the use of patios, balconies, and porches; (2) the conduct of furniture movers and delivery person; and (3) recreational activities in common areas. You’ll be liable to us for damage caused by you or any other Guests or Member Related Parties.
We may exclude from the Unit, the Building and any common areas any Members or Member Related Parties who, in our judgement, have been violating the law, violating this Member Agreement or any Building Rules, or disturbing other residents, neighbors, visitors, or owner representatives. We may also exclude from any outside area or common areas any person who refuses to show photo identification or refuses to identify himself or herself as a resident, occupant, or guest of a specific resident in the Building.
You agree to notify us if you or any Guests are convicted of any felony, or misdemeanor involving a controlled substance, violence to another person or destruction of property. You also agree to notify us if you or any Guest registers as a sex offender in any state. Informing us of criminal convictions or sex offender registry does not waive our right to evict you.
3. Prohibited Conduct. You, your Guests, or the guests of any Member, may not engage in the following activities: behaving in a loud or obnoxious manner; disturbing or threatening the rights, comfort, health, safety, or convenience of others (including our agents and employees) in or near the apartment community; disrupting our business operations; manufacturing, delivering, possessing with the inter to deliver, or otherwise possessing a controlled substance or drug paraphernalia; engaging in or threatening violence; possessing a weapon prohibited by state law; discharging a firearm in the Building or in the common areas; displaying or possessing a gun, knife or other weapon in the common area in a way that may alarm others; storing anything in closets having gas appliances; tampering with utilities or telecommunications; bringing hazardous materials into the apartment community; or injuring our reputation by making bad faith allegations against us to others.
Members and Member Related Parties shall not smoke anywhere in the Unit or in the common areas of the Building or the Property. You shall inform your Guests and Member Related Parties of this no-smoking policy. A breach of this no smoking policy will be a material breach of the Member Agreement and grounds for immediate termination of the Member Agreement and your license to occupy the Unit. Upon expiration or earlier termination of the Member Agreement, if it is reasonably determined that smoking has occurred at the Unit, you shall pay a fine of $1,000.00 and you may be required you to have the Unit professionally cleaned and sanitized by a cleaning company experienced in removing smoke odors at your sole cost and expense. We reserve the right to change or eliminate our smoke-free policy in the future. You acknowledge that other residents or occupants of the Building may not be under the same smoke-free restrictions. For purposes hereof, "Smoking" means inhaling, exhaling, breathing, or carrying any lighted cigar, cigarette, e-cigarette, or other similar lighted product (whether tobacco, marijuana, or any other substance) in any manner or in any form, including vaping.
Member and Member Related Parties shall not (1) engage in criminal activity on or near the Unit, the Building or the Property or permit the Unit or any common areas to be used to facilitate criminal activity, regardless of whether the individual engaging in such activity is a member of your household, or a guest; or (2) engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled substance as defined in Health & Safety Code §11350, et seq., at any locations, whether on or near the Unit, the Property or otherwise. For purposes hereof, "criminal activity" is any activity in violation of laws, ordinances and requirements of city, county, state and federal authorities, including: prostitution (defined in Penal Code §647(b)); criminal street gang activity, (defined in Penal Code §186.20 et seq).; assault and battery, (prohibited in Penal Code §240); burglary, (prohibited in Penal Code §459); the unlawful use and discharge of firearms, (prohibited in Penal Code §245); sexual offenses, (prohibited in Penal Code §269 and 288), drug-related criminal activity, and the manufacture, sale, distribution, use or possession of a controlled substance, as defined by federal law, or defined by any other law, and also includes the manufacture, sale, distribution, use or possession of marijuana, marijuana concentrate, cocaine or any other illegal drug regardless of amount, and regardless of whether or not manufacture, sale, distribution, use, or possession of said drug is a misdemeanor or a felony; or (3) engage in any activity that otherwise jeopardizes the health, safety and welfare of us, other residents or occupants of the Property or neighbors or involving imminent or actual serious property damage. "Drug-related criminal activity" means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use of a controlled substance (as defined in Section 102 of the Controlled Substance Act [21 U.S.C. 802]). A single violation of any of the provisions above will be a material and non-curable breach of the Member Agreement and good cause for immediate termination of your tenancy.
4. Parking. If parking rights are included as part of the Accommodation, Member shall be required to execute a parking Addendum or Rider to the Member Agreement. We may regulate the time, manner, and place of parking cars, trucks, motorcycles, bicycles, boats, trailers, and recreational vehicles by anyone. We may have unauthorized or illegally vehicles towed under an appropriate statue. A vehicle is unauthorized or illegally parked at the
Building or the Property if it:
1. Has a flat tire or other condition rendering it inoperable; or
2. Is on jacks, blocks or has wheel(s) missing; or
3. Has no current license plate or no current registration and/or inspection sticker; or
4. Takes up more than one parking space; or
5. Belongs to a resident or occupant who has surrendered or abandoned the apartment;
6. Is parked in a marked handicap space without the legally required handicap insignia;
7. Is parked in space marked for manager, staff, or guest at the office; or
8. Blocks another vehicle from exiting; or
9. Is parked in a fire lane or designated “no parking” area; or
10. Is parked in a space marked for other resident(s) or unit(s); or
11. Is parked on the grass, sidewalk, or patio; or
12. Blocks garbage trucks from access to a dumpster; or
13. Belongs to a resident and is parked in a visitor or retail parking space.
5. Military Personnel Clause. You may terminate your occupancy rights under the Member Agreement if you enlist or are drafted or commissioned and on active duty in the U.S. Armed Forces. You also may terminate your occupancy rights under the Member Agreement if:
1. You are (i) a member of the U.S. Armed Forces or reserves on active duty or (ii) a member of the National Guard called to active duty for more than 30 days in response to a national emergency declared by the President; and
2. You (i) receive order for permanent change-of-station, (ii) receive orders to deploy with a military unit or as an individual in support of a military operation for 90 days or more, or (iii) are relieved or released from active duty. After you deliver to us your written termination notice, your tenancy will be terminated under this military clause 30 days after the date on which your next rental payment is due. You must furnish us a copy of your military orders, such as permanent change-of- station orders, call-up orders, or deployment orders or written notification from your commanding officer. Military permission for base housing does not constitute change-of- station order. After you move out, we’ll return you any prepaid rental amounts, less lawful deductions. For the purposes of this Member Agreement, order described in (2) above will only release the resident who qualifies under (1) and (2) above and receives the orders during the Member Agreement term and such resident’s spouse or legal dependents living in the resident’s household. A co-resident who is not your spouse or dependent cannot terminate their licensed tenancy under this military clause. Unless you state otherwise in [paragraph 10] (special provisions), you represent when signing this Member Agreement that: (1) you do not already have deployment or change-of-station orders; (2) you will not be retiring from the military during the Member Agreement term; and (3) the term of your enlistment or obligation will not end before the Member Agreement term ends. Even if you are entitled to terminate your license tenancy under this paragraph, liquidated damages for making a false representation of the above will be the amount of unpaid rent for the remainder of the Member Agreement term when and if you move out, less rents from others received in mitigation under [Section 16] of the Terms of Service. You must immediately notify us if you are called to active duty or receive deployment or permanent change-of-station orders.
6. Resident Safety and Property Loss. You and all other Guests and Member Related Parties must exercise due care for your own and others' safety and security, especially in the use of smoke detectors and carbon monoxide, keyed deadbolt locks, keyless bolting devices, window latches, and access control devices.
Smoke and Carbon Monoxide Detectors. We'll furnish smoke detectors and carbon monoxide detectors only if required by statute, and we'll test them and provide working batteries when you first take possession. After that, you must test the smoke detectors and the carbon monoxide detectors on a regular basis, you must pay for and replace batteries as needed, unless the law provides otherwise. We may replace dead or missing batteries at your expense, without prior notice to you. You must immediately report smoke detector and carbon monoxide detector malfunctions to us. Neither you nor others may disable neither the smoke detectors nor the carbon monoxide detectors. If you damage or disable the smoke detector or carbon monoxide detector or remove a battery without replacing it with a working battery, you may be liable to us for actual damages. If you disable or damage the smoke detector or carbon monoxide or fail to replace a dead battery or report malfunctions to us, you will be liable to us and others for any loss, damage, or fines from fire, smoke, or water.
Inclement Weather. We have no duty to remove any ice, sleet, or snow but may remove any amount with or without notice. During freezing weather, you must ensure that the temperature in the Unit is sufficient to make sure that the pipes do not freeze (we suggest at least 50 degrees). If the pipes freeze or any other damage is caused by your failure to properly maintain the heat in the Unit, you'll be liable for damage to our and other's property.
Crime or Emergency. Dial 911 or immediately call local medical emergency, fire, or police personnel in case of accident, fire, smoke, or suspected criminal activity, or other emergency involving imminent harm. You should then contact our representative. We're not obliged to furnish security personnel, security lighting, security gates or fences, or other forms of security. If we provide any access control devices or security measures upon the property, they are not a guarantee to prevent crime or to reduce the risk of crime on the property. You agree that no access control or security measures can eliminate all crime and that you will not rely upon any provided access control or security measures as a warranty or guarantee of any kind. We're not responsible for obtaining criminal-history checks on any residents, occupants, guests, or contractors in the Building. If you or any other Guest or Member Related Party is affected by a crime, you must make a written report to our representative and to the appropriate local law-enforcement agency. You also must furnish us with the law-enforcement agency's incident report number upon request.
7. Condition of the Unit and Alterations. You'll be given an Inventory and Condition form on or before move-in. You must sign and note on the form all defects or damage and return it to our representative not later than three (3) business days following the commencement of your occupancy of the Unit. Otherwise, everything will be considered to be in a clean, safe, and good working condition.
All Units are delivered with our standard housekeeping service performed on or prior to the possession date. Beds are freshly made with clean bed linens. We supply two (2) towel sets (bath tower, hand towel and wash cloth) per bedroom. Each bathroom provides a bath-mat and start-up supply of bath soap, shampoo, conditioner and toilet tissue. Kitchens are furnished with a start-up supply of paper towels, dishwasher detergent, dishwashing liquid, and kitchen towels. All kitchens are supplied with basic appliances more particularly identified on the Inventory and Condition form.
All Units are equipped with and provide basic cable TV service and basic wireless internet service. It is illegal and unlawful and you shall not use this internet service to download unauthorized copies of copyrighted materials (e.g. movies, music, or software) as specified by the Digital Millennium Copyright Act.
You must use customary diligence in maintaining the Unit and not damaging or littering the common areas of the Building. Unless authorized by statute or by us in writing, you must not perform any repairs, painting, wallpapering, carpeting, electrical changes, or otherwise alter the Unit. No holes or stickers are allowed inside or outside the Unit. But we'll permit a reasonable number of small nail holes for hanging pictures on sheetrock walls and in grooves of wood-paneled walls, unless our rules state otherwise. No water furniture, washing machines, additional phone or TV-cable outlets, alarm systems, or lock changes, additions, or rekeying is permitted unless statutorily allowed or we've consented in writing. You shall not install a satellite dish or antenna or other equipment outside of the Unit. You agree not to alter, damage, or remove our property or the FF&E, including alarm systems, smoke and carbon monoxide detectors, furniture, telephone and cable TV wiring, screens, and access control devices. When you move in, we'll supply light bulbs for fixtures we furnish, including exterior fixtures operated from inside the Unit; after that, you'll replace them at your expense with bulbs of the same type and wattage. Your improvements to the Unit (whether or not we consent) become ours unless we agree otherwise in writing.
8. Requests, Repairs, and Malfunctions. IF YOU OR ANY GUEST NEEDS TO SEND A NOTICE OR REQUEST-FOR EXAMPLE, FOR REPAIRS, INSTALLATIONS, SERVICES, OR SECURITY-RELATED MATTERS-IT MUST BE SUBMITTED THROUGH EITHER THE ONLINE TENANT/MAINTENANCE PORTAL, OR SIGNED AND IN WRITING AND DELIVERED TO LANDING OR LANDING’S DESIGNATED REPRESENTATIVE (except in case of fire, smoke, gas, explosion, overflowing sewage, uncontrollable running water, electrical shorts, or crime in progress). In no event shall you or any Guest make direct contact with or make any request or sent any notice to the Building property management office or personnel. Our complying with or responding to any oral request regarding security or non-security matters doesn't waive the strict requirement for written notices under this Member Agreement. You must promptly notify us in writing of water leaks; electrical problems; malfunctioning lights; broken or missing locks or latches; and other conditions that pose a hazard to property, health, or safety. We may change or install utility lines or equipment serving the apartment if the work is done reasonably without substantially increasing your utility costs. We may turn off equipment and interrupt utilities as needed to avoid property damage or to perform work. If utilities malfunction or are damaged by fire, water, or similar cause, you must notify our representative immediately. Air conditioning problems are not emergencies. If air conditioning or other equipment malfunctions, you must notify our representative as soon as possible on a business day. We'll act with customary diligence to make repairs and reconnections. License fees and any other charges will not abate in whole or in part.
9. Joint and Several Responsibility. Each Guest of the Unit is jointly and severally liable for all rental and other obligations. Violation of these Member Rules and Regulations or the applicable Member Agreement by any Guest or any Member Related Parties is deemed a violation by all occupants. Any occupant who has permanently moved out according to another occupant may, at our option and discretion, no longer be entitled to occupancy of or keys to the Unit. However, the termination of that person's right of occupancy will not release that person from any and all obligations under this Agreement or any renewal, unless otherwise agreed to in writing.