LEASE

	This Lease is entered into by and between CHRISTOPHER F. READ, ("Owner"/ "Landlord"), and THOMAS J. O'DONNELL and KRISTEN M. O'DONNELL (collectively referred to as "Tenant").

	Owner's address for payment of rent and for management, and receiving and receipt of any notices and demands is: CHRISTOPHER F. READ, P.O. BOX 5562, BERKELEY, CALIFORNIA, 94507. Telephone: (510) 207-5419. Tenant's address for any notices is 1255 E. Paseo Alegre, Tucson, Arizona 85719.

	Tenant hereby agrees to lease, together with Owner's property located at 1255 E. Paseo Alegre, Tucson, Arizona 85719, to be used exclusively for living quarters as a private residence, for the term of One Year, beginning May 1 2011 and ending on April 30, 2012 under the following terms and conditions:

1. CONSIDERATION; LATE PAYMENT FEE; EVICTION NOTICE; NFS CHECK.
	A. RENT.  Tenant agrees to pay ONE THOUSAND THREE HUNDRED 
EIGHTY ($1,380) DOLLARS per month, beginning May 1, 2010 through April 30, 2011.
	B. LATE FEE. If rent is not paid by the 5th day of the month, a late charge of THIRTY DOLLARS ($30.00), payable immediately, shall be added to the rent. If Rent is not paid by the 6th day of month when due, an additional late fee of $5.00 per day shall be added to the late fee (up to a maximum of 20% of the monthly rent). Postmark on envelope shall be conclusive evidence of lateness of payment. 
	C. EVICTION NOTICE. Legal notice to pay or terminate the tenancy and vacate the premises may be given to Tenant after the 1st day after rent is due and unpaid. 
	D. NFS CHARGE. Tenant agrees to pay to Owner a service charge of THIRTY-FIVE DOLLARS ($35.00) plus any charges assessed by Owner's bank for any check returned unpaid to Owner, and if not sooner paid, such sum shall be added to the next month's rent. Late charges will accrued until the check is made good. Fee shall not apply if it is shown that an error was made by the bank.
	E. PRORATION. For the period from the Tenant’s move-in date of April 16, 2010, through the end of that month, Tenant shall pay to Owner the prorated monthly rent of $ ZERO. This amount shall be paid on or before the date the Tenant moves in.

	2. SECURITY DEPOSITS; NON-REFUNDABLE RE-RENTING/RE-KEYING FEE.
	Tenant shall pay in addition to a first month's rent, in the amount of TWO THOUSAND ($2,000) DOLLARS (a sum that is less than one and a half month's rent) at the signing of the lease as security for the performance of Tenant's obligations under this lease, including but not limited to damages, cleaning, late fees and unpaid rent. Tenant's liability is not limited to the amount of the security deposit. Tenant is not entitled to any interest on the security deposit. The security deposit is refundable if the premises are left in clean, undamaged condition with rent, utilities, late fees and other fees fully paid as of time of vacating the premises, with all keys returned. The security deposit is NOT a last month's rent or pre-paid rent of any kind.
	In addition to the security deposit, Tenant shall pay ONE HUNDRED FIFTY ($150) DOLLARS at the signing of the lease as a NON-REFUNDABLE rekey/re-renting fee.

3. USE OF PREMISES; PETS. 
	A. Tenant will use the premises solely as a private residence and only by the persons who sign this lease as Tenants with Owner. "Tenant" consists of THOMAS J O'DONNELL and KRISTEN M O'DONNELL. Occupancy by guests for more than ten days is prohibited without Owner’s written consent and is considered to be a material breach of this lease.
	B. Tenant shall abide by all deed restrictions, zones, laws of the City, County or State applicable to said area, and not to create any nuisance, or create inappropriate noise, in the use of said premises. 
	C. Tenant will not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises, nor will he allow guests to do so.
 	D. No Pets of any kind (including dogs, cats and birds ) may be kept unless agreed to in writing below by Owner and Tenant. If Owner agrees, in Owner's sole discretion that Tenant may keep a pet, Tenant shall pay Owner THREE HUNDRED FIFTY ($350) DOLLARS as a NON-REFUNDABLE pet cleaning deposit for each pet. Notwithstanding the above, assisted living animals as defined under the American with Disabilities Act are accepted without a pet deposit. The pet deposits are in addition to other deposits required by this lease. 

4.  MAINTENANCE. 
	A. Tenant shall keep the premises in a clean and safe condition, including but not limited to disposing of rubbish and trash in a timely and sanitary manner, using all electrical, plumbing, sanitary, ventilating, heating, air conditioning, and other facilities or appliances in a careful and reasonable manner. Tenant further agrees to take good care of any personal property included with this lease, and not to drive nails or screws in walls or woodwork. Tenant shall obtain at their cost furnace, air conditioning filter and evaporative cooling pads and change them periodically.
	B. The premises have been turned over to them in good repair with exception of any items listed in attached "Move-In Form", with all systems functioning, and in a clean, fit, habitable and safe condition as required by law.
	C. Tenant agrees to give Owner prompt and reasonable notice of any needed repairs for which Owner is responsible, and of any conditions which may interfere with tenant's reasonable enjoyment of the premises. Tenant agrees not to make any additions or improvements without Owner's prior written consent, or to change any locks without first notifying Owner and providing him keys.
	D. The premises have been turned over to Tenant free of roaches or other pest problem. Tenant is responsible for procurement and payment of any pesticide maintenance that Tenant needs or desires.
	E. Tenant agrees to keep all yards (front, back and side) and patio clean, neat, and free of trash or weeds, and shall water, trim and take proper care of all trees, shrubbery and other plants on the premises. Tenant is responsible for proper maintenance of the swimming pool. Swimming pool addendum signed by Tenant is part of this lease.

5. UTILITIES. Tenant is responsible for charges for electricity, telephone, water, refuse, gas or any other utility services to the leased premises, and agree that all such charges will be fully paid at the termination of the tenancy. Tenant shall have all utilities put in Tenant’s name., and if cost of utilities are to be shared between or among themselves, arrangements are to be made by them.

	All utilities shall be placed in Tenant's name by Friday April 16, 2010.

6. ASSIGNMENT. Tenant agrees not to lease, sublet or assign the whole or any part of the premises, or to permit its use by anyone else in the absence of the signers to this agreement without the prior written consent of Owner. Such consent shall not be unreasonably withheld. 

7. RENEWAL OF LEASE. This Lease may be renewed at Owner’s option upon thirty days prior notice to Owner of Tenant's intent to renew the lease under such terms and conditions as the parties shall at that time agree upon, subject to Tenant not being in default. If no new lease terms are entered into and Tenant remain on the premises after this lease expires, this lease will be deemed at Owner’s option renewed as a month to month lease under the same terms and conditions as stated herein.

8.  SURRENDER OF PREMISES; HOLDOVER. 
	Tenant agrees to surrender the premises to Owner at the expiration of this lease with all in good condition and repair than when received, normal wear and tear excepted. Date that keys are received by Owner shall constitute date of surrender of premises by Tenant.
	
9.  RIGHT OF ENTRY. Owner and/or his agents shall have the right of entry to inspect the residence and/or to make necessary repairs or improvements, or to show the Owner's property to prospective tenant upon reasonable notice and at reasonable times as provided by law. In case of emergency Owner and/or his agents may enter the premises without prior notice as provided law.

10. ABANDONMENT. Tenant agrees not to abandon the premises. Any property left by Tenant on the premises after such abandonment may be removed and stored at Tenant's cost and expense. As provided by Arizona law, the Owner may destroy or otherwise dispose of some or all property of Tenant if Owner reasonably determines that the value of the property is so low that the cost of moving, storage and conducting a public sale exceeds the amount that would be realized from the sale. Owner may then pursue any available remedy, including remedies set forth in paragraph 10 above.

11. NOTICES from one party to the other shall be in writing and sent by regular mail or handed in person. Notices attached to Tenant's door constitutes notice given to Tenant.

12. MISCELLANEOUS. 
	A.  Failure of Owner to exercise any of the rights under this agreement or under the law at an earlier time shall not be considered a waiver of any right or condition at a later time. Any payment or receipt of rent after a condition is broken shall not be deemed a waiver of legal rights.
	B. In the event either party retains an attorney and/or files an action in any court to enforce any provisions of this lease, the parties hereto mutually agree that the prevailing party shall be paid reasonable attorney's fees and costs.
	C. All rights given to Owner by this lease shall be cumulative and in addition to any other rights given Owner in law or in equity, and the exercise of any right shall not be deemed a waiver of Owner's right to exercise any other rights.
	D. Time is of the essence of this lease.
	E. Any provision of this lease which may conflict with the Arizona Landlord Tenant Act (a free copy of which can be obtained from the Secretary of State) shall be severable from this lease, and the provisions of the Act shall prevail, but the remaining terms and conditions of this lease shall be valid as herein written.
	F. Owner informs Tenants that a free copy of the Arizona Residential Landlord Tenant Act is available through the Office of the Secretary of State, State of Arizona.  33-1321(B)
	G. Tenant acknowledges that Owner has provided Tenant with a signed copy of this Agreement, Arizona, Crime Free Lease Addendum, swimming pool addendum and a move-in form to specify any existing damages to the Owner's property. Tenant may be present at the move-out inspection. Upon Tenant's request Owner shall provide Tenant written notification of the time and date when the move-out inspection shall occur as required by A.R.S. Section 33-1321. 
	H. If Tenant uses or employs a gardener to maintain the landscaping on the premises, Tenant shall notify Owner in advance of Tenant's intent to use or employ such gardener. Tenant shall not cut down or destroy the vegetation on the property.
	I. Owner has provided Tenant with an appropriate trash receptacle and as part of the consideration for this lease, Tenant agrees that they shall be responsible for the removal of trash from the property.
	J. Tenants are jointly and severally obligated under this Lease.
	K. If Owner appropriately gives notice under this agreement to Tenant, (for example, five-day notice to pay) Tenant shall pay a notice fee to compensate Owner for his actual expenses incurred for the preparation and service of notices.
	L. To minimize delay and to reduce the cost of potential litigation, the parties hereby agree to waive their right to a trial by jury. The parties hereto understand that they are entitled to a jury trial for claims arising out of the lease and/or the Arizona Residential Landlord and Tenant Act, but knowingly and voluntarily waive this right.
	M. Owner is providing the freezer in the garage as an accommodation appliance to the Tenant. Owner shall not be responsible for the repair or maintenance of the freezer or any incidental damages incurred if the freezer malfunctions. Tenant shall be responsible for the maintenance of the freezer

13. INVENTORY OF PROPERTY. Tenant have inspected the premises and accept the same as to item, condition and repair and the INVENTORY is correct and in the condition represented in all particulars.

14. RENTERS INSURANCE. Tenant is advised that Tenant should procure renter's insurance for protection against possible losses in the event of damages, injuries, or acts of persons or nature to persons or property. Tenant agrees that Owner shall not be responsible for any damage to Tenant's property from whatever cause or source.

15. ADDITIONAL PROVISIONS

A.	Upon the payment of the first month's rent and all security deposits Tenant shall have the right to possess and to occupy the premises beginning on Friday, April 16, 2010.

	Tenant acknowledge by signing below on this _______ day of April, 2010, receipt of a copy of this Lease.

1. _____________________________________________

	Name printed: THOMAS J. O'DONNELL
	Tenant

2. _____________________________________________ 

	Name printed: KRISTEN M. O'DONNELL
	Tenant
   ______________________________________________
	CHRISTOPHER F. READ
	Owner

INVENTORY 
1255 E. Paseo Alegre, Tucson, Arizona 85719
                                      
The following is the INVENTORY of the personal property included in this Lease and such property is in good and workable condition:

Refrigerator: Kenmore 25365812509 S/N: BA82419818
Dishwasher Hotpoint HDA900X-72BA S/N TR828594Y
Stove
Microwave
Washer Frigidaire FWS845GCs2 S/N XC54074260
Dryer: Frigidaire FDE847GL50
Freezer: Kenmore 2539284213 S/N BWB01811318 (Accommodation appliance)
Kreepy Krauly S/N 1700213080062V
Kreepy Krauly hose 11 sections Male/Female 1 section Female/Female
Kreepy Krauly leaftrap Snap-Open Leaf Trap R211084
1 Pool Rake with pole
1 Pool Leaf Skimmer Net
1 Pool brush nylon with pole
2 Resin Chaise Lounges
4 Patio table with 2 chairs matching
2 Punched Tin sconces small 1 Punched Tin sconce large
1 Punched Tin Sun sconce
1 Hacienda style cabinet
3 File cabinets

MOVE-IN FORM
1255 E. Paseo Alegre, Tucson, Arizona 85719

 1.	______________________________________________________

 2.	______________________________________________________

 3.	______________________________________________________

 4.	______________________________________________________

 5.	______________________________________________________

 6.	______________________________________________________

 7.	______________________________________________________

 8.	______________________________________________________

 9.	______________________________________________________

10.	______________________________________________________

	__________________________________
	Tenant Signature

	Date: ____________________________

Crime Free Lease Addendum
	Keep Illegal Activity Off Rental Property
	Arizona Version

In consideration of the execution or renewal of a lease of the dwelling unit identified in the lease, Owner and Resident agree as follows: 
Resident, any members of the resident's household or a guest or other persons affiliated with the resident:
1.	Shall not engage in criminal activity, including drug-related criminal activity, on or near the said premises. "Drug related criminal activity" means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use an illegal or controlled substance (as defined in Section 102 of the Controlled Substance Act [21 U.S.C.802])
2.	Shall not engage in any act intended to facilitate criminal activity
3.	Shall not permit the dwelling unit to be used for, or to facilitate criminal activity, regardless or whether the individual engaging in such activity is a member of the household, or a guest
4.	Shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of an illegal or controlled substance as defined in A.R.S. 13-3451, at any locations, whether on or near the dwelling unit premises
5.	Shall not engage in any illegal activity, including prostitution as defined in A.R.S. 13-3211, criminal street gang activity as defined in A.R.S. 13-105 and A.R.S. 13-2308, threatening or intimidating as prohibited in A.R.S.13-1202, assault as prohibited in A.R.S. 13-1203, including but not limited to the unlawful discharge of a weapon, on or near the dwelling unit premises, or any breach of the lease agreement that otherwise jeopardizes the health, safety, and welfare of the landlord, his agent, or other tenant, or involving imminent or actual serious property damage, as defined in A.R.S. 33-1368
6.	VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL AND IRREPARABLE VIOLATION OF THE LEASE AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF TENANCY. A single violation of any of the provisions of this added addendum shall be deemed a serious violation, and a material and irreparable non- compliance. It is understood that a single violation shall be good cause for immediate termination of the lease under A.R.S. 33-1377, as provided in A.R.S. 33-1368. Unless otherwise provided by law, proof of violation shall not require a criminal conviction, but shall be by a preponderance of the evidence
7.	In case of conflict between the provisions of this addendum and any other provisions of the lease, the provisions of this addendum shall govern
8.	This LEASE ADDENDUM is incorporated into the lease executed or renewed this day between Owner and Resident.
____________________________________ Date:_____________ Tenant Signature
____________________________________ Date:_____________ Tenant Signature
____________________________________ Date:_____________ Agent / Owner's Signature
_____________________________________________________ Property Name/Location
POOL/SPA MAINTENANCE ADDENDUM

ADDENDUM TO RESIDENTIAL LEASE CONCERNING THE PROPERTY AT
1255 E. Paseo Alegre Tucson AZ 

A. MAINTENANCE: Tenant, at Tenant’s expense, is responsible for maintenance, including periodic vacuuming, the application of appropriate chemicals, and equipment maintenance. Tenant will: (i) maintain proper water heights in the pool at all times; (ii) empty and clean skimmers and pool sweeps at least once a week and more often if necessary; (iii) properly operate the pool equipment; and (iv) take necessary precautions to prevent the freezing of pipes, pool equipment, and pool water. 

B. ENCLOSURES: Tenant will keep all pool enclosures and yard gates in good operable condition and closed at all times.

C. USE: Tenant must take reasonable action to: (i) prohibit children from using the pool or accessing the pool area without an adult present; (ii) prohibit persons under the influence of drugs or alcohol from using the pool; (iii) prohibit any glass containers or objects in or near the pool; and (iv) prohibit any diving in the pool.

	Addendum to Lease Agreement dated April 13, 2010 between by and between CHRISTOPHER F. READ, ("Owner"/ "Landlord"), and THOMAS J. O'DONNELL and KRISTEN M. O'DONNELL (collectively referred to as "Tenant") concerning premises at 1255 E. Paseo Alegre, Tucson, Arizona 85719

	Owner shall be pay up to a maximum of $20 of the monthly water bill or the calculated amount of the sub metered landscaping usage, whichever amount is less as Owner's allotment for his part of the landscaping expense. Tenant shall maintain an online account with Tucson Water and provide Owner with the password so that Owner has access to Tenant's monthly bill and water usage data. Owner shall pay Tenant the amount of Owner's monthly allotment when Owner receives from Tenant the volume of water used as shown on the sub meters at the time Tenant receives the monthly water bill.

	Tenant acknowledge by signing below on this _______ day of April, 2010, receipt of a copy of this Addendum to Lease.

1. _____________________________________________

	THOMAS J. O'DONNELL
	Tenant

2. _____________________________________________ 

	KRISTEN M. O'DONNELL
	Tenant

   ______________________________________________
	CHRISTOPHER F. READ
	Owner