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Home My WebLink AboutMINUTES - 07251995 - C62 TO: BOARD OF SUPERVISORSC ----sE =°� ontra 1 � FROM: Barton J. Gilbert, Director of General Services f Costa, nl o: rdmllp,-" ounty DATE: July 25, 1995 SUBJECT: RENTAL AGREEMENT - 1411 LIVORNA ROAD, ALAMO, CALIFORNIA SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION APPROVE a Rental Agreement, commencing July 1, 1995, with Jeff and Theresa Needs for the premises at 1411 Livorna Road, Alamo, California, under the terms and conditions more particularly set forth in said Rental Agreement, and AUTHORIZE the Director of General Services to EXECUTE said Rental Agreement on behalf of the County. II. FINANCIAL IMPACT Revenues received shall be credited to the Flood Control District, Zone 3B-7520. III. REASONS FOR RECOMMENDATIONS / BACKGROUND Requested by the Public Works Department. CONTINUED ON ATTACHMENT: YES SIGNATURE: &It` k4^&& RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 1019,5 APPROVED AS RECOMMENDED OTHER VOT F SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN MEDIA CONTACT: BARTON J.GILBERT(313-7100) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. CC: Clerk of the Board County Administrator(via UM) ATTESTED L-L4 General Services Accounting(via UM) PHIL ATC LOR,CLEAK OF THE BOARD OF Tenant(via UM) SUPERVISORS AND COUNTY ADMINISTRATOR Orig: General Services Dept.-UM . BY ,DEPUTY SBV:dp 1411LBdo.813 M382 (10/88) RENTAL AGREEMENT 1411 Livorna Road,Alamo This Agreement is hereby executed in duplicate on JULY 1, 1995, by and between CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, hereinafter designated as "DISTRICT," and the undersigned, designated as TENANT, who hereby agrees to rent property owned by DISTRICT, described as follows: A 2,600 square foot house with 4 bedrooms, 3 baths, I fire place, and a 2 car parking stall , commonly known as 1411 Livorna Road, Alamo, California. TENANTS use of the backyard shall not extend past the top bank of the creek. TENANT hereby approves, agrees, and consents to the following terms and conditions: 1. TERM: The term of this tenancy shall be month to month, commencing July 1, 1995 and continuing until termination. 2. RENT: Commencing July 1, 1995, the rent for the use of the above premises shall be ONE THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($1,400.00) per month and TENANT agrees to pay said rent in advance on or before the 1 st day of each calendar month so long as tenancy continues. DISTRICT shall have the right to adjust the rent from time to time by giving TENANT thirty (30) days written notice. Notice shall be from County Lease Management, General Services Department, to TENANT and shall be deemed served if deposited in the United States mail, postage prepaid, and addressed to TENANT at the rental premises. All checks and money orders should be made payable to CONTRA COSTA COUNTY and mailed to: CONTRA COSTA COUNTY General Services Department Attention: Accounting 1220 Morello Avenue, Suite 200 Martinez, CA 94553-4711 If any rental is not paid to the DISTRICT within five (5) days after due date, a late charge of FIFTY AND NO/100 DOLLARS ($50.00) shall be added to the payment and the total sum shall become immediately due and payable to DISTRICT. 3. DELINQUENT RENT: In the event that TENANT shall become delinquent in paying the DISTRICT any payment due under Section 2 (RENT) herein, for a period of thirty(30) "days or more, TENANT shall pay to DISTRICT interest on said unpaid balance at a rate of one and one-half percent (I%2%) per month, from the date said payment was due and payable until paid. 4. UTILITIES: TENANT shall pay promptly when due all gas, electric, water, and other utility bills applicable to the premises during TENANT's occupation and TENANT shall save DISTRICT harmless therefrom. 5. USE OF PREMISES: Number of persons to reside on the premises under this Agreement is (2) adults. TENANT agrees to subscribe to an authorized garbage disposal service on a weekly basis. TENANT will keep and maintain property and all landscaping in a neat, clean, and orderly condition at all times during occupancy, and not permit rubbish, garbage, weeds, etc., to accumulate at any time; nor commit, suffer or permit any waste of said premises or any acts to be done in violation of any laws or ordinances; nor use or permit the use of said premises for any illegal or immoral purposes, including but not limited to illegal use or sale of drugs. TENANT shall comply with all State laws and local ordinances concerning said property and the use thereof. 6. REPAIRS: TENANT shall maintain the interior and exterior of the rented premises, including glass, wiring, plumbing, and weed abatement, during TENANT's occupancy, except for those "Standard Characteristics Necessary for Habitation as a Dwelling," as defined in Section 1941.1 of the California Civil Code, which characteristics DISTRICT agrees to maintain,but not including damages or dilapidation caused by TENANT. The premises are rented on an AS IS basis and no credit will be allowed TENANT by DISTRICT for the cost of any repair work performed or ordered done by TENANT (unless said work is done with express approval of DISTRICT). 7. ALTERATIONS: TENANT agrees not to make or suffer any alterations to be made in or on said property without first obtaining the written consent of DISTRICT. 8. PETS: DISTRICT agrees to allow (2) dogs to be kept on the premises. Permission may be withdrawn if such creature causes complaints, creates a nuisance or causes damage in the opinion of the DISTRICT. -1- 9. LIQUID FILLED FURNITURE: No liquid filled furniture shall be kept on the premises without express written permission of the DISTRICT through execution of a Waterbed Agreement signed by TENANT and DISTRICT. DISTRICT reserves the right to deny this permission. 10. HOLD HARMLESS: DISTRICT shall not be liable for any injury to TENANT or TENANT's property or to persons or property of third persons in or about these premises during said term. TENANT will defend, indemnify, and save DISTRICT harmless from all such liability. 11. INSURANCE: DISTRICT will not keep TENANT's personal property insured against fire, or any other insurable risk, and TENANT waives the right to claim damages from the DISTRICT for any damage resulting to said property in the event it is damaged or destroyed by fire or any other cause. 12. POSSESSORY INTEREST TAX: DISTRICT shall be responsible to pay for possessory interest tax. 13. WASTE, QUIET CONDUCT: TENANT shall not commit, or suffer to be committed, any waste upon said premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of other residents in the neighborhood. 14. INSPECTION OF PREMISES: DISTRICT reserves and shall have the right by its agents or employees to enter on said premises at any and all reasonable times to inspect said premises, and for the purpose of performing various tests and inspections related to the Flood Control project, after notifying TENANT at least twenty-four (24) hours in advance of the inspection. TENANT further agrees that DISTRICT or its agent may show the premises to prospective tenants during the thirty (30) day period prior to termination or to prospective purchasers at any time after giving TENANT at least twenty-four(24) hours notice. TENANT agrees that DISTRICT shall reserve and have the right to enter into the creek and surrounding areas of the property at any time, without giving TENANT prior notice. DISTRICT's entry shall be through a County access road, for the purpose of conducting tests and various functions related to the project. In an emergency, DISTRICT may enter the premises at any time without securing prior permission from TENANT for the purpose of making corrections or repairs to alleviate such emergency. 15. DISTRICT'S RIGHT OF ENTRY: TENANT shall not vacate or abandon the premises at any time during the term of this Agreement. If DISTRICT's right of reentry is exercised following abandonment of the premises by TENANT, then DISTRICT may consider any personal property belonging to TENANT and left on the premises to have been abandoned, in which case DISTRICT may dispose of all such personal property in any manner it shall deem proper and is hereby expressly relieved of all liability for doing so. 16. TERMINATION BY TENANT: TENANT will give the DISTRICT thirty (30) days written notice of intention to move or vacate the property and, upon vacating, agrees to leave same in a neat, clean, and orderly condition, allowing, of course, for ordinary and normal usage during occupancy; and to reimburse DISTRICT for any damage done to said property caused by TENANT's occupancy or tenancy, other than that due to normal use. Upon vacating property, TENANT agrees to restore property to the same or better condition. 17. TERMINATION BY DISTRICT: DISTRICT may terminate this Agreement at any time in the event of a violation on TENANT's part of any of the terms or conditions herein by giving written notice to TENANT to surrender possession of the premises. 18. NOTICE TO VACATE: TENANT agrees to vacate said premises at any time within thirty (30) days after receipt of a notice to do so from DISTRICT; and failing to vacate as herein provided, agrees that DISTRICT, or its authorized agents, may enter upon said property and remove TENANT's personal property therefrom and, in this event, TENANT expressly waives any and all claims for damages against DISTRICT, its agents or employees. 19. RELOCATION BENEFITS: TENANT waives the right to make any claim against Contra Costa County for relocation benefits in the event DISTRICT elects to terminate this agreement for any reason. -2- 20. SUBLETTING: TENANT shall not assign this tenancy or any interest therein and shall not sublet said premises or any part thereof without the prior written consent of DISTRICT, and a consent to one assignment or subletting by another person shall not be deemed to be a consent to any subsequent assignment or subletting by another person. Any such assignment or subletting without the DISTRICT's consent shall be void and shall, at DISTRICT's option, terminate this tenancy. 21. ATTORNEY'S FEES: If either party commences an-action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover from the losing party reasonable attorney's fees and costs of suit. 22. WRITTEN AGREEMENT: Neither party has relied on any promise or representation not contained in this Agreement. All previous conversations, negotiations, and understandings are of no further force or effect. This Agreement may be modified only by a writing signed by both parties. The headings of the paragraphs are for convenience only and are not a part of this Agreement; nor shall they be considered in construing the intent of this Agreement. 23. SECURITY DEPOSIT: DISTRICT will hold a deposit in the amount of$2,500.00, as security for the full and faithful performance by TENANT of the terms, conditions, and covenants of this Agreement. Upon termination of this Agreement, the DISTRICT may use any portion of the security deposit as may be reasonably necessary to remedy TENANT's defaults of the provisions of this.Agreement, including, but not limited to: payment of unpaid rent due under paragraph 2 of this Agreement, cleaning of the premises, repair of damage, or for storage of personal property which has been abandoned by TENANT. The property shall be sprayed for fleas and the cost for spraying shall be deducted from the security deposit. Any remaining portion of the security deposit, after such deduction, shall be mailed to TENANT at last known address. Receipt of payment in the amount of $3,900.00 is hereby acknowledged from TENANT, which is allocated as follows: $1,400.00 Initial rent payment from July 1, to July 31, 1995. $ 500.00 Pet deposit $1000.00 Security, cleaning, and damage deposit. $3,900.00 TOTAL DISTRICT TENANT COUNTY OF CONTRA COSTA, a political - subdivision of the State of California By JEFF NEEDS By Barton J. Gilbert By Director of General Services THERESA NEEDS RECOMMENDED FOR APPROVAL: By Deputy General Services Director By Lease Manager LKE:1452pn.Agr F/C zone 3B-7520/Org. 7520 -3- GENERAL SERVICES DEPARTM T LEASE MANAGEMENT DIVI 1220 Morello Avenue, Suite 1 Martinez, California 94553-47 Extension 313-7250 FAX 3-7108 DATE: July 12, 1995 TO: Phil Batchelor, Co ty dm' i t or FROM: Barton J. Gilbert, Director o General Services SUBJECT: Agenda: Rental Agreement - 1411 Livorna Road, Alamo, California (7/25/95) (Flood Control, Zone 311-7520) Org. #7520 A new Rental Agreement has been negotiated as follows: OCCUPANT: Jeff and Theresa Needs RENTAL: $1,400.00 per month TERM: Month to month COMMENCING: July 1, 1995 CANCELLATION: 30 days by either party SQUARE FEET: 2,600 SPACE TYPE: Residential COUNTY RESPONSIBILITY: Major repairs ADDRESS: 1411 Livorna Road, Alamo, California WORK AUTHORIZATION OR BUILDING NUMBER: U00813 AGENDA ITEM: Authorize the Director of General Services to execute a Rental Agreement with Jeff and Theresa Needs for the premises at 1411 Livorna Road, Alamo, California. BJG:SBV:dp 1411lagn.813 cc: Donna Dawkins, Public Works Department Kathy Brown