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CC Resolution No. 7992 -jf:·Ioa"'i!l·II'-···,·............JJl1Im<......,,!"'''S-=O....''' . t) RESOI11l'ICN NO. 7992 A RESOWl'ICN OF 'DIE CI'1Y CØJNCIL OF 'DIE CI'1Y OF CIJPERl'INO AIJIH:IŒZ~ EXEXUl'ICN OF IEASE J\GREEJŒNT OF CI'1Y ~ M 19810 EœrAJ:. PIAZA WHERElIS, there has been presented to the City O:a.mcil a lease a;j:tee\II2I/t for city property at 19810 Portal Plaza by ~ Siavœhy am Naani castill~IJ._; and the teXUB am c:x:n:iitia1S of said agreement havin; been a¡:praved by the Direct= of Fublic WOrlœ am the City Attorney; NCM, 'n1u<t;tut<J:i, BE IT RESOLVED that the Mayor am the city Clerk are hereby auf"JIorized to exø::ut:e said Agreement in behalf of the City of 0Jpertin0. PASSED AND AOOPl'ED at a City of 0Jpertin0 this 4th follCMi.n:] vote: YQt§ þft.u.beJ:s of the citv cnmcil regular meet.in; of the City cnmcil of the day of December , 1989, by the AYES: Goldamn, Sorensen, Szabo, Koppel NOES: None ABSEtI': Rogers ABSTAIN: None ATl'EST: APP1<OVED: :t~/", t 0 /,)#- c't:'j ClerK, Deputy . ~ ~~ Pro Tempore . . LEA~E AGREEMENT - TOWNHOUSE This AGREEMENT made in duplicate on , by and between the CITY OF CUPERTINO hereinafter designated as "CITY", and the undersigned designated as "Tenant", who hereby agree to lease property owned by the City of Cupertino described as: Two Bedroom, Townhouse located at 1ge10 Purtal Plaza commencing on the day 1st of December , 1989 on a six (6) month lease basis for the first six (6) months thereafter on a month-to-month lease basis NINE HUNDRED AND SEVENTY FIVE DOLLARS ($975.00) per month, payable monthly in advance, on the first day of each calendar month. The first and lalit month's rental and a deposit of THREE HUNDRED DOLLARS ($300.00) is payable in advance. This deposit shall be uaed to repair damages to the premises caused by the tenant, exclusive of ordinary wear and tear and to clean the prem" 'es if necessary upon termination of the tenancy. Tenant hereby approves, agrees, and consents to the fOllowing terms and conclitions: (1) That the lease of the above premises is on a six (6) month basis for the first six (6) months thereafter on a month-to-month lease basis, and tenant agrees to pay said rent to the City of Cupertino at 10300 Torre Avenue, Cupertino, California, Room 101 (Finance Director), in advance, on the first day of each month so long as tenancy continues. Rent is deemed late and delinquent if not recei"ed by the City on or before the fifth day of each month. If the rent is not paid by the fifth day of each month, a late charge of $20.00 will be assessed. In addition, a charge of $20.00 will be assessed for anl' check returned by the bank because of insufficient funds or for any other reason. (2) To pay promptly when due, all gas, light and ether utility bills applicable to the premises during Tenant's occupation, and to save CITY harmless therefrom. (3) CITY will not make any improvements or repairs on said property of any nature whatsoever, except repairs to the following items ONLY where considered necessary by CITY: Repairs to roofs, water heaters, stoves, diHhwasher, replace broken plumbing fixtures and water service pipes to fixtures. Tenant is responsible for' all minor repairs including, but not J.imited to, clogged drains, leaky taucetl'J, and broken windows. Tenant will properly use and operate all electrical, gas and plumbL"'Ig fixtures and keep them clean and sanitary. If repairs are required by the city call (408)253-8950. (4) Thltt no credit will be allowed Tenant by CITY for the cost of any repair work performed or ordered done by the Tenant. í5) Tenant shall not permit anyone other than those designated on the Rental Application to reside on the premises tor more than five (5) days without first obtaining the written' consent of CITY. Tenant shall not assign, sublet or otherwise transfer this lease or any portion thereof and any attempt to do so shall be voidable and of no effect for any purpose and shall furnish grounds for immediate termination of this least!. Page 1 . . (6) The Tenant ¡¡hall '1ive the CITY at leaet thirty days writtlln notice of intention to move or vacate the property, with rent due and ¡:¡al.-ablfll to ami includin'1 the date of vacation. Upon sucn vacation, Tenant a'1re!38 to leave same in '1ood condition II. existed as of the day p".aeaaion of the property waa takun, aUowin'1, of courae, tor ordinary and norlr.al usa'1e durin'1 occupancy, and to reimburse CITY for any dama'1e done to said property caused by Tenant'. occupation or tenancy other than that due to normal use. In the event Tenant shall leave or aUo\l to remain on the premises any '1arba'1e or other refuse or debris, said rubbish or '1arba'1e wLU be caused to be removed by CITY, and tho cost of øaid removal wLU be paid by the undersi'1ned Tenant. (7) To occupy the premises as Tenant's abode, end to utilize portions thereof for living, sleeping, cooking or dining purposes only which were respectively designed or intended to be usad tor such occupancies:. To keep property in a neat, clean, sanitary, and orderly con<lition at aU times during occupancy, includin'1 watering of shrubs and not to permit rubbish, tin cans, garbage, etc., to accuMulate at any time, nor to make or suffer any alterations to be made in or on said property without. first obtaining the written consent of CITY. Not to commit, suffer or permit any waste of said premises, nor any acts to be done in violation of any laws or ordinances, nor to use to permit the use of said premises for any LUegal or immoral purposes; and to comply with aU CITY laws and l.,cal ordinances concerning said proper::y and the ;lse thereof. (8) No pets, or dl1ngerous items shaU be kept or allowed in or about the premises without owner's written permission. (9) Waterbeds will be allowed only where the tenant provides, prior to its installation, a valid waterbed insurance policy or certificate of insurance for prcperty damage in the amount of $100,000.00. In addition, Tenant shall pay an additional deposit of $500.00 and shall comply with all requirements of California Civil Code Section 1940.5. (10) To vacate said premises at any tillle within thirty (30) days after receipt of a notico to do so from CITY, and failing to vacate as herein provided, agrees that CITY, or its authorized agents, may enter upon said property and remove personal property therefrom and in this everot Tenant waives any and all claims to damages a'1itinst CITY, its agents or employees. Nothing herein shall be deemed a ...aiver of any rights of CITY to demand and obtain possesaion of said premises in accordance with law in the event of a '"iolation en Tenant's part of any of the terms or conditions hereof. On the day the property is vacated, the Tenant agrees to deliver the keys to said property at 10300 Torre Avenue, Cupertino, California, or mail the kElYs to 10300 Torre Avenue, Cuper.:ino, California. It is further agreed that rent shall continue to accrue until tne date said keys are delivered 'to the CI'l'Y. (11) In the event that it is necessary for either party to retain an attorney or to bring suit to enforce !:his agreement, the prevailing ,tarty shi!l1 be entitled to aU attorney's tees and court costs reasonably required to enforce thir agreement. Page 2 . . (12) The city will pay any possessnry interest tax that may arise from tenancy . (13) That this AGREEMENT is made upon" tile express condition that the CITY, its officers, agents or employees are to be free from all liability, and clailD, for damage by reason of any injury to any person or persons, including Tenant, or property of any kind whatsoever and to whomsoever belonging, including Tenant, from any cause or causes whatsoever while in, upon, or in any way connected with the said demised premises or the sidewalks adjacElnt thereto during the term of this AGREEMENT or any extension hereof "r any occupancy hereunder. Tenant is hereby convenient and agreeing to indemnity and save harmless the CITY, its officers, agents and employees from all liability, loss, cost and obligations cn account of or a.rising out of any such injuries or losses howev&r occurring. (14) In the event there is any prior existing Lease of Rental Agreement between Tenant and CITY (or its predecessor in interest) covering the subject property, it is agreed and understood that this rental agreement shall cancel a~d terminate said prior LeaS4 or Rental Agreement as of the effective date of the Rental Agreement. (15) Upon termination of this tenancy, the keys to the property are to be brought in or mailed to the Cupertino Department of Finance, 10300 Torre Avenue, Cupertino, California, 95014. Any portion of the deposit not retainp.d by the CITY for repairs, etc. will be 1I1<,iled to the Tenan ;. (16) It is agreed by and 'between the 'parties hereto that this tenancy is of temporary nature, and that no Relocation Payment or Advisory Assistance will be sought or provided in any form as a consequence of this tenancy. (17) The Tenant acknowledges receipt of and agrees to abide by all Covenants, Conditions and Restrictions (CC&R's) and bylaws Portal Pl~za Hom~owners Association issue. (18) This agreement is the final and exclusive expression of all the terms of this AGREEMENT and cannot be lLodified without written agreemen~ be~ween the parties hereto. Paqu 3 . . , . CITY OF CUPERTINO Mayor: city Clerk: Approved as to Form: City Attorney: