870 Font Ter

Nestled in the heart of Mid-Town San Jose, this townhome rests on ground with a story to tell the site of the historic 1893 Del Monte Cannery. Subtle echoes of that heritage linger throughout, giving the home a character you simply can't build from scratch. Step inside and let the rich hardwood floors guide you into a great room made for gathering the kind of space where laughter lingers and evenings stretch a little longer. The open kitchen invites you to cook, host, and connect, with gleaming granite counters and stainless appliances ready for everything from quiet weeknight dinners to lively get-togethers. Retreat to generous walk-in closets, and stay comfortable year-round with dual-zone central air. A two-car attached garage adds everyday ease, while easy access to major freeways, major public transport - VTA light rail - Diridon Station, Amtrack, the lively San Pedro Square, SAP Center, and keeps the whole Bay Area within reach! Just outside your door, Los Gatos Creek Trail unfolds perfect for morning runs, evening strolls, or simply breathing in a little green space between the buzz of city life. A highlight for all people alike is the 5.5 acre Del Monte Park and gated dog runs are adjacent for convenient access along. This much sought after community brings it together with all the conveniences of a modern lifestyle in midtown San Jose. RESIDENTIAL LEASE/RENTAL AGREEMENT PARTIES: Manager & Tenants Lessor: Jack Ma, Manager Tenant(s)/ Lessee(s): TBD PROPERTY ADDRESS ("PROPERTY"): 870 Font Terrace, San Jose, CA 95126 1. RENTAL AMOUNT: Commencing TBA - 2026, Tenant(s) agrees to pay Lessor the sum of ~$4,595 per month in advance on the first day of each calendar month. Rent and/or other charges are to be paid at such place or method designated by the Lessor. All payments are to be made by check, money order, electronic transfer, or cash. Rent must be actually received by Lessor, or designated agent, in order to be considered in compliance with the terms of this agreement. 2. TERM: The Property is leased from TBA - 2026, and terminates on TBA - 2027 at 11:59pm. The lease shall thereafter continue on a month-to-month tenancy until either party shall terminate this agreement by giving a written notice of intention to terminate pursuant to paragraph 20. 3. SECURITY DEPOSITS: Tenant(s) shall deposit with Lessor the sums of ~$4,595 as a security deposit to secure Tenant(s)'s faithful performance of the terms of this lease. After all the Tenant(s) have vacated, leaving the premises vacant, the Lessor may use the security deposit for any unusual wear and tear to the premises or common areas, and any rent or other amounts owed pursuant to the lease agreement. If the Tenant(s) have not caused the premises to be cleaned prior to vacating the premises, Lessor may use the security deposit to professionally clean the premises. Tenant(s) may not use said security deposit for rent owed during the term of the lease. Within twenty-one (21) days of the Tenant(s) vacating the premises, Lessor shall furnish Tenant(s) a written statement indicating any amounts deducted from the security deposit and returning the balance to the Tenant(s). If Tenant(s) fails to furnish a forwarding address to Lessor, then Lessor shall send said statement and any security deposit refund to the leased premises. 4. PROHIBITION ON SUBLETTING OR ASSIGNMENT: Tenant(s) will not transfer, such as sublet or assign, any part of the premises or assign the Agreement without prior written consent of Lessor. Lessor can deny consent to sublease or assign for reason whatsoever in her sole discretion. Lessor is entitled to half the rent premium in the event of a transfer. _____ Initial _____ Initial 5. LIMITS ON USE AND OCCUPANCY: The premises are to be used only as a private residence for Tenant(s). Occupancy by guests for more than two (2) weeks in any six (6) month period is prohibited without Landlord's written consent and will be considered a breach of this Agreement. No part of the Premises shall be used at any time during the term of this Agreement by Tenant(s) for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than private dwelling. 6. UTILITIES: Lessor shall pay for garbage and recycling services supplied to the premises. Lessor shall maintain the lawn. Tenant(s) shall pay for electricity, solar energy, gas, and internet supplied to the premises. Tenant (s) shall water the front & back yard and maintain garden, landscaping, trees and shrubs. _____ Initial _____ Initial 7. PARKING: Garage parking is provided as is. 8. CONDITION OF PREMISES: Tenant(s) promise to keep the premises in a neat and sanitary condition and to reimburse Lessor for any sums necessary to repair any item, fixture or appurtenance that needed service due to Tenant(s)'s, or Tenant(s)'s invitee, misuse or negligence. Tenant(s) shall be responsible for the cleaning or repair to any plumbing fixture where a stoppage has occurred due to Tenant(s)'s, or Tenant(s)'s invitee, misuse or negligence. Tenant(s) shall also be responsible for repair or replacement of the garbage disposal where the cause has been a result of bones, grease, pits, or any other item which normally causes blockage of the mechanism. Doc ID: TBA 9. NOISE AND DISRUPTIVE ACTIVITIES: Tenant(s) or their guests and invitees shall not disturb, annoy, endanger or inconvenience other Tenant(s) of the building, neighbors, the Lessor or his agents, or workmen nor violate any law, nor commit or permit waste or nuisance in or about the premises. Further, Tenant(s) shall not do or keep anything in or about the premises that will obstruct the public spaces available to other residents. 10. RULES AND REGULATIONS: Lessor's existing rules and regulations shall be signed by Tenant(s). Lessor may adopt other rules and regulations at a later time provided that he or she have a legitimate purpose, not modify Tenant(s)'s rights substantially and not become effective without notice of at least two (2) weeks. 11. ALTERATIONS: Tenant(s) shall not make any alterations to the premises, including but not limited to installing aerials, lighting fixtures, dishwashers, washing machines, dryers or other items without first obtaining written permission from Lessor. Tenant(s) shall not change or install locks, paint, or wallpaper said premises without Lessor's prior written consent. Tenant(s) shall not place placards, signs, or other exhibits in a window or any other place where they can be viewed by other residents or by the general public. 12. LATE CHARGE/BAD CHECKS: A late charge of 10% shall be incurred if rent is not paid when due. If rent is not paid when due and Lessor issues a 'Notice To Pay Rent Or Quit' after three (3) days past rent is due, Tenant(s) must tender cash or cashier's check only. If Tenant(s) tenders a check, which is dishonored by a banking institution, then Tenant(s) shall only tender cash or cashier's check for all future payments. This shall continue until such time as written consent is obtained from Lessor. In addition, Tenant(s) shall be liable in the sum of $50 for each check that is returned to Lessor because the check has been dishonored. 13. DEFAULT: If Tenant(s) fails to pay rent when due, or perform any provision of this agreement, after not less than three (3) days written notice of such default given in the manner required by law, the Owner, at his/her option, may terminate all rights of Tenant(s), within said time, shall cure such default. If Tenant(s) abandons or vacates the property while in default of the payment of rent, Owner may consider any property left on the promises to be abandoned and may dispose of the same in any manner allowed by law. In the event the Owner reasonably believes that such abandoned property has no value, to the maximum extent allowed by law. In the event of a default by Tenant(s), Owner may elect to (a) continue the lease in effect and enforce all his rights and remedies, including the right to recover the rent as it becomes due, or (b) at any time, terminate all of Tenant(s)'s right and recover from Tenant(s) all damages he/she may incur by reason of the breach of the leases, including the cost of recovering the premises, and including the worth at the time of such termination, or at the time of an award of suit be instituted to enforce this provision, of the amount by which the unpaid rent for the balance of the term exceeds the amount of such rental loss which the Tenant(s) proves could be reasonably avoided. 14. LESSOR'S RIGHT OF ENTRY FOR REPAIRS: Lessor is permitted to make all alterations, repairs and maintenance that in Lessor's judgment is necessary to perform. In addition, Lessor has all right to enter pursuant to Civil Code Section 1954. If the work performed requires that Tenant(s) temporarily vacate the unit, then Tenant(s) shall vacate for this temporary period upon being served a (7) days' notice by Lessor. Tenant(s) agree that in such event that Tenant(s) will be solely compensated by a corresponding reduction in rent for those many days that Tenant(s) was temporarily displaced. If the work to be performed requires the cooperation of Tenant(s) to perform certain tasks, then those tasks shall be performed upon serving twenty-four (24) hours written notice by Lessor. (EXAMPLE - solar system or roof repairing). 15. REPAIRS BY LESSOR: Where a repair is the responsibility of the Lessor, Tenant(s) must notify Lessor with a written notice stating what item needs servicing or repair. Tenants agree to pay the repair company's one time service fee for each appliance. Tenant(s) must give Lessor a reasonable opportunity to service or repair said item. Tenant(s) acknowledges that rent will not be withheld unless a written notice has been served on Lessor giving Lessor a reasonable time to fix said item. Under no circumstances may Tenant(s) withhold rent unless said item constitutes a substantial breach of the warrantee of habitability. Reasonable notice shall in no case be less than thirty (30) days, but in emergency situations, Tenant(s) shall provide notice as soon as possible, 16. PETS: No dog, cat, bird, fish or other domestic pet or animal of any kind may be kept on or about the premises without Lessor's written consent. 17. SMOKING: No smoking is allowed in the premises. A breach of this term will result in retention of the security deposit and additional fees as deemed necessary to remediate the premises. Doc ID: TBA 18. FURNISHINGS: No liquid filled furniture of any kind may be kept on the premises. Tenant(s) shall not install or use any washer, dryer, or dishwasher that was not already furnished with the unit. 19. INSURANCE: Tenant(s) may maintain a personal property insurance policy to cover any losses sustained to Tenant(s)'s personal property and/or vehicle. It is acknowledged that Lessor does not maintain this insurance to cover personal property damage or loss caused by fire, theft, rain, water overflow/leakage, acts of God, and/or any other causes. It is acknowledged that Lessor is not liable for these occurrences. It is acknowledged that Tenant(s)'s insurance policy shall solely indemnify Tenant(s) for any losses sustained. Tenant(s)'s failure to maintain said policy shall be a complete waiver of Tenant(s)'s right to seek damages against Lessor for the above stated losses. The parties acknowledge that the premises are not to be considered a secure building. _____ Initial _____ Initial 20. TERMINATION OF LEASE/RENTAL AGREEMENT: If this lease is based on a fixed term, pursuant to paragraph 2, then at the expiration of said fixed term this lease shall become a month-to-month tenancy at the monthly rent adjusted by inflation pursuant to paragraph 1. Where said term is a month to month tenancy, either party may terminate this tenancy by the serving of a thirty (30) day written notice. The lease shall terminate when the Tenant(s) are no longer physically occupying the premises. 21. EARLY TERMINATION. During the initial term of the Agreement, upon Tenant(s) disability or death, Tenant(s) shall have the option to terminate the remaining responsibility for rent due for the balance of the lease term, by providing Lessor with written notice of not less than thirty (30) days. The Agreement will be considered terminated upon Lessor's receipt of a proper written notice (signed by all Tenant(s)) and payment of all rent and other charges due through the date of the Tenant(s) vacating the Property. If Tenant(s) fails to timely vacate or pay any other charges due through date of vacating, the attempted early termination permitted by this provision shall be deemed void, and the other provisions of this Agreement shall apply. 22. POSSESSION AND SURRENDER: Tenant(s) have surrendered the premises when (a) the fixed term has expired and none of the Tenant(s) are physically occupying the premises; or (b) all premise keys and access devices have been turned in to Lessor whichever comes first. If premises cannot be delivered to Tenant(s) on the agreed date due to loss, total or partial destruction of the premises, or failure of previous Tenant(s) to vacate, either party may terminate this agreement upon written notice to the other party at their last known address. It is acknowledged that either party shall have no liability to each other except that all sums paid to Lessor will be immediately refunded to Tenant(s). 23. ABANDONMENT: It shall be deemed a reasonable belief by the Lessor that an abandonment of the premises has occurred where the where rent has been unpaid for fourteen (14) consecutive days and the Tenant(s) have been absent from unit for fourteen (14) consecutive days. In that event, Lessor may serve written notice to Tenant(s). If Tenant(s) do not comply with the requirements of said notice in eighteen (18) days, the premises shall be deemed abandoned. 24. CHANGE OF TERMS: The terms and conditions of this agreement are subject to amendment, modification, or supplementation in writing and signed by the parties. Any changes are subject to laws in existence at the time of the Notice of Change of Terms. 25. WAIVER: Lessor's failure to require compliance with the conditions of this agreement, or to exercise any right provided herein, shall not be deemed a waiver by Lessor of such condition or right. Lessor's acceptance of rent with knowledge of any default under agreement by Tenant(s) shall not be deemed a waiver of such default, nor shall it limit Lessor's rights with respect to that or any subsequent right. If is further agreed between the parties that the payment of rent at any time shall not be a waiver to any UNLAWFUL DETAINER action unless Lessor in writing specifically acknowledges that this constitutes a waiver to the UNLAWFUL DETAINER action. 26. VALIDITY/SEVERABILITY: If any provision of this agreement is held to be invalid, such invalidity shall not affect the validity or enforceability of any other provision of this agreement. 27. ATTORNEY FEES: In the event action is brought by any party to enforce any terms of this agreement or to recover possession of the premises, the prevailing party shall recover from the other party reasonable attorney fees. It is acknowledged, between the parties that jury trials significantly increase the costs of any litigation between the parties. It is also acknowledged that jury trials require a longer length of time to adjudicate the controversy. On this basis, all parties waive their rights to have any matter settled by jury trial. Doc ID: TBA Page 4 of 4 28. GOVERNING LAW This Agreement shall be governed by the laws of California. 29. JOINTLY AND SEVERALLY: The undersigned Tenant(s) are jointly and severally responsible and liable for all obligations under this agreement. 30. NOTICES: All notices to the Tenant(s) shall be deemed served upon mailing, addressed to the Tenant(s), at the subject premises or upon personal delivery to the premises whether or not Tenant(s) are actually present at the time of said delivery. All notices to the Lessor shall be served by mailing via e-mail, with read receipt confirmation, to: jackkma_at_gmail.com 31. PERSONAL PROPERTY: Once Tenant(s) vacates the premises, all personal property left in the unit shall be stored by the Lessor for eighteen (18) days. If within that time period, Tenant(s) do not claim said property, Lessor may dispose of said items in any manner Lessor chooses. 32. ADDITIONAL RENT: All items owed under this lease shall be deemed additional rent. 33. APPLICATION: All statements in Tenant(s)'s application must be true or this will constitute a material breach of this lease. 34. ENTIRE AGREEMENT: The foregoing agreement constitute the entire agreement between the parties and supersedes any oral or written representations or agreements that may have been made by either party. Further, Tenant(s) represents that Tenant(s) has relied solely on Tenant(s) judgment in entering into this agreement. Tenant(s) acknowledges having been advised to consult with independent legal counsel before entering into this Agreement and has decided to waive such representation and advice. Tenant(s) acknowledges that Tenant(s) has read and understood this agreement and has been furnished a duplicate original. Tenant(s)