This Lease and Agreement, made and entered into, in duplicate, this 16th day of August, A. D. 1905, by and between Allen H. Avery, the party of the first part, and Thomas B. Longstreet, the party of the second part, each of said parties being a resident of the City of Los Angeles, County of Los Angeles, State of California, Witnesseth : That for and in consideration of the payments of the rents, and the performance of the covenants contained herein on the part of the said party of the second part, and in the manner hereinafter stated, said party of the first part does hereby lease, demise and let unto the said party of the second part, that certain premises and building, and its appurtenances situated at No. 1076 Santee Street, in the City of Los Angeles, County of Los Angeles, State of California, and being Lot No. 235, in Block "L" of the Avery Tract, to be used as a rooming house, for the term of two years, commencing on the First day of September, 1905, and ending on the Thirty-first day of August, 1905, at the monthlv rent or sum of Fifty (50) Dollars, payable monthly in advance on the 15th day of each and every month of said term.
The party of the second part agrees that he has thoroughly examined said leased premises, and knows the condition thereof in every particular, and accepts the same in their present condition, waiving any claim or right on account of such condition, and the party of the first part shall not be liable to the party of the second part, or to his successors or assigns, or to any other person, for any injury or damages that may result to persons or property by reason of any defect in the construction or condition of said premises, whether such defect be known or unknown to either of the parties hereto, nor for any loss or damages that may be occasioned by storms, rains or leakage in the roofs or other portions of said premises, or by over-flowing of bath tubs, explosions of gas heaters, or gas, or gasoline stoves, or by other injury to said premises, or to persons or property therein, or by reason of any negligence of any other tenant, or of any employee, of the party of the first part.
The party of the second part, shall not do, or permit to be done, in or upon the said demised premises, anything which will in any way conflict with the conditions in any insurance policy, upon the building or any part thereof; or in any way increase the rate of fire insurance upon said building, or conflict in any way with the laws or ordinances, of the City of Los Angeles, or of the various departments thereof, and shall not allow said premises to be used for any improper, immoral or unlawful or objectionable purpose, or for the keeping, storing, selling, or otherwise disposing of intoxicating liquors.
The party of the first part, and his agents, and representatives, shall have the right to enter the demised premises, to examine the same, and to make such repairs and alterations as he may deem necessary for the safety, care or preservation thereof, and, upon the expiration of this lease, to show said demised premises to any person wishing to lease the same, and shall have the right to place in the windows, or otherwise in said premises, a notice to rent, for one month prior to any termination of this lease.
And it is Agreed, that if any rent shall be due and unpaid, or if default shall be made in any of the covenants herein contained, then it shall be lawful for the said party of the first part, to re-enter said premises, and remove all persons therefrom. And at his option to terminate this lease, but such re-entry shall not be deemed a termination of the liability of the party of the second part, unless notice of his election to terminate the lease be given by the party of the first part.
And the said party of the second part, does hereby promise and agree to pay to the said party of the first part the said monthly rent herein reserved, in the manner herein specified. And not to let or underlet the whole, or any part of said premises, or make or suffer any alteration to be made therein, without the written consent of the said party of the first part; and not to assign this lease without the written consent of the said party of the first part. And it is further agreed that the said party of the first part shall not be called upon to make any improvements or repairs whatsoever, upon the said demised premises, or any part thereof, but the said party of the second part agrees to keep the same in good order and condition at his own expense. And at the expiration of said term or any sooner determination of this lease, the said party of the second part, will quit and surrender the premises hereby demised in as good order and condition as reasonable use and wear thereof will permit, damages by the elements excepted. And if the party of the second part shall hold over the said term, with the consent, express or implied, of the party of the first part, such holding over shall be construed to be a tenancy from month to month, and said second party will pay the rent as above stated, for such further time as he may hold the same. The party of the second part agrees to pay all rents for water, electric light and gas, which may be consumed in, or properly be charged against, said premises during the term of this lease.
It is expressly understood and agreed by the parties hereto, that if the rent herein reserved, or any part thereof, shall be unpaid on any day of payment whereon the same ought to have been paid, and remains unpaid for ten (10) days thereafter, or if default shall have been made in any of the covenants, or agreements herein contained, on the part of the said party of the second part, to be kept and performed, then it shall and may be lawful for said party of the first part, his agents, attorneys or assigns, to declare the term of said lease ended, and into said demised premises, and every part thereof, to re-enter, either with or without process of law, and to expel, remove or put out, any person or persons occupying the same, together with the goods and chattels found therein, using such force as may be found necessary in so doing, and the said premises to repossess and enjoy as in his first and former estate.
The covenants and conditions herein contained shall inure to the benefit of, and be binding upon, the heirs, successors and assigns of the respective parties hereto; provided, that this lease shall not be capable of assignment except by the written consent of said party of the first part, as aforesaid.
In Witness Whereof, the said parties of these presents have hereunto set their hands and seals, the day and year first above written.
Allen H. Avery. (Seal)
Thomas B. Longstreet. (Seal)
In consideration of the foregoing lease or agreement, and One Dollar to me paid, the receipt whereof is hereby acknowledged, I do hereby covenant, promise and agree to and with the said Allen H. Avery that the said Thomas B. Longstreet shall well and truly pay all rents and perform and execute all the covenants therein contained on his part and that on his failure so to do in any particular, I will forthwith pay unto said Allen H. Avery all rents or damages that may happen or accrue by reason of such failure not exceeding the sum of Two hundred (200) Dollars. Dated and signed on this 16th day of August, 1905.
C. G. Remick. (Seal) Signed, Sealed and Delivered in the Presence of W. F. Thayer, Solon Abbott.