CC Resolution No. 61840 0
RESOLUTION NO. 6184
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AUTHORIZING EXECUTION OF LEASE
AGREMENT OF CITY PROPERTY AT 10852 SOUTH
STELLING ROAD
WHEREAS, there has been presented to the City Council a
lease agreement for City property at 10852 South Stelling
Road by Wally H. Leynse and Anna Theresa Leynse; and the
terms and conditions of said agreement having been approved
by the Director of Public Works and the City Attorney;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the
City Clerk are hereby authorized to execute said agreement
in behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Cupertino this 17th day of October,
1983 by the following vote:
Vote Members of the City Council
AYES: Gatto, Johnson. Rogers, Sparks, Plungy
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
1 ayo , City of C no
ATTEST*
Ci Clerk
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LEASE AGREEMENT - SINGLE FMIILY COTTAGE
This AGREEMENT made in duplicate on , 1983, 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:
One bedroom, cottage, located at 10852 South Stelling, for a period of
six (6) months, commencing on the (2— 1 day of September, 1983, and ending
on the 4-, day of U, ,' e� , on a lease basis of Four
Hundred Ninety -Five Dollars ($495.00) per month, payabLe monthly in advance,
on the A — day of each calendar month beginning �CZy�<,, 1983. The
first and last month's rental is payable in advance. There will be a penalty
for late payment of Two Dollars ($2.00) per day.
Trn.nit hereby approves, agrees, and consents to the following, terms and
. nditIOtls:
(1) That the lease of the above premises is on .r rionth -to -month 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,.nt
the first day of each month so long as tenancy continues.
(2) To pay promptly when doe, all gas, light, water, and other utility
hills applicable to the premises during Tenant's occupation, and to Nave
CITY harmless therefrom.
( 3) CITY will not make any improvements or repairs -m Nticl property of ono
nature• whatsoever, exc•epr repair,; to the following items ONLY where consid red
mceNSary by CITY: Repairs to roofs, •.aotrr heat-•rs: replace broken plumbing
fl4tures :rod water service pipes to fixtures. Tenant is reponsihlc for ;ill
minor repairs including clogged drains, leaky faucets, and broken windo•.N.
CITY will not repair or replace stoves and /or refrigerators except huilt -in.
Tenant will properly use and operate all electrical, gas and plutabin, f{::tares
and keep them in riean and sanitnry as the condition permits.
(4) That no credit will be allowed Tenant by CITY for the cost of any
repair work performed or ordered done by the Tenant.
(5) Tenant shall not permit anyone other than those designated on the
Rental Application to reside on the premises for 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 lease.
(6) The Tenant will give the CITY thirty days written notice of intention
to Trove or vacate the property, and upon such vacation agrees to leave same-
in as good condition as existed as of the day possession of the property
was taken, allowing, of course, for ordinary and normal usage during
occupancy, and to reimburse CITY for any damage done to said property
caused by Tenant's occupation or tenancy other than that due to normal use.
In the event Tenant shall leave or allow to remain on the premises any
garbage or other refuse or debris, said rubbish or garbage will be caused
to be removed by CITY, and the cost of said removal will be paid by the
undersigned Tenant.
(7) To occupy the premises as Tenant's abode, and to utilize portions
thereof for living, sleeping, cooking or dining purposes only which were
resfnctively designed or intended to be used for such occupancies. To keep
property in a neat, clean, sanitary, and orderly condition at all times
during occupancy, including watering of shrubs and lawns, and not to permit
rubbish, tin cans, garbage, etc., to accumulate at any tire, 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 or permit the use of said premises for any illegal
or immoral purposes; and to comply with all CITY laws and local ordinances
concerning said property and the use thereof.
(9) That this tenancy is temporary by reason of the fact that CITY has
acquired the premises for street purposes.
(9) To vacate said premises at any time within thirty (30) days aft -r
receipt of a notice 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 event Tenant
waives any and all claims for damages against CIT`f, its agents or
"Irployees. Nothing herein shall be de",mri a waiver of any rights of CITY to
demand and d)tmin possession of said premises in accordance with law in the
event of a violation on Tenant's part of any of the terms or conditions
horeof. On the day the property is vacated, the Tenant agrees to deliver
the keys to said property at 10300 Torre Avenue, Cupertino, California, or
Trail the preys to 10300 Torr Avenue, Cupertino, California. It is furthir
agreai that rent shall continue to accrue until the date said keys are
delivered to the CITY.
(10) In the event that it is necessary for either party to retain an
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attorney or to bring suit to enforce this agreement, the prevailing party
shall be entitled to all attorney's fees and court costs reasonably
required to enforce this agreement.
',(11) Tenant recognizes and understands in accepting this rental agreement
that his interest therein may be subject to possible possessory interest
tax that the City or County may impose on such interest, and that such tax
payment shall not reduce any rent due the CITY hereunder and any such tax
shall be the liability of and be paid by the Tenant.
(12) That this W.REFMEKP is made upon the express condition that the CITY,
its officers, agents or employees are to be free from all liability, and
claim, 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 adjacent thereto during the term of this AGREU4ENP or any
extension hereof or any occupancy hereunder. Tenant is hereby convenanting
and agreeing to indemnify and save harmless the CITY,. its officers, agents
and employees from all liability, loss, cost and obligations on account of
or arising out of any such injuries or losses however occurring.
(13) In the event there is any prior existing Lease or Rental Aqr —ment
betty, =en Tenant and CITY (or its predecessor in interest) ccn ering the
subject property, it is agreed and understood that this rental agreement
shall cancel and terminate said prior Lease or Rental Agreement as of the
effective date of this Rental Agreement.
(14) A Tn -nant who Troves out of our property in the middle of a r -ntal
period must pay rent_ for the entire rmnth. The keys to the property are to
be brought in or mailed to this office. Rent will be charged through the
date the keys are received. Any unused rent as well as any portion of the
cleaning deposit not retained by the CITY for repairs, etc. will be mailed
to the Tenant.
(15) 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.
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Approved as to form:
Cit^ Attornev:
Tenants:
Wally H. Leyns
Anna Theresa Leynse
CITY OF CUPERTINO:
Mayor:
City Clerk: