HomeMy WebLinkAboutMINUTES - 11071995 - C84 _ _ I CRY
TO: BOARD OF SUPERVISORS
sE L Contra
FROM: Barton J. Gilbert, Director of General Services +�` oSta
y
Sra cotiN`t't�
DATE: November 7, 1995
SUBJECT: RENTAL AGREEMENT - 1900 SAND CREEK ROAD, BRENTWOOD
SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION
APPROVE a Rental Agreement, commencing October 16, 1995, with Greg and Lisa
Suender for the premises at 1900 Sand Creek Road, Brentwood, for occupancy 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 Contra Costa County Flood Control and Water Conservation District.
II. FINANCIAL IMPACT
Revenue from this Agreement will be credited to the Contra Costa County Flood Control
and Water Conservation District Account No. 6D8319, Org. 7589.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND
This Agreement was requested by the Public Works Department.
CONTINUED ON ATTACHMENT:_YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
1
VOTE OF SUPERVISORS
✓ UNANIMOUS(ABSENT 1
AYES: NOES:
ABSENT: ABSTAIN: I 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 USHOWN. p
CC: County Administrator(via M) ATTESTED { 1 �IaF� /�y /
County Auditor-Controller(via UM)
County Counsel(via UM) PHIL 9ATCHELOR,CLERK OF T141E BOARD OF
Risk Management(via UM) SUPERVISORS AND COUNTY ADMINISTRATOR
Greg and Lisa Suender(via UM)
Orig:General Services-UM BY DEPUTY
CGB:dp SandCrk.BO M382 (10/88)
RENTAL AGREEMENT
1900 Sand Creek Road, Brentwood
This Agreement is hereby executed in duplicate on NOV 2 01"5 , 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 single story private residence containing two bedrooms, two bathrooms and a detached two
car garage.
TENANT hereby approves, agrees, and consents to the following terms and condi-
tions:
1. TERM: The term of this tenancy shall be month to month, commencing on October
15, 1995, and continuing until termination.
2. RENT: The rent for the use of the above premises shall be SIX HUNDRED
SEVENTY FIVE AND NO/100 DOLLARS ($675.00) 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
Contra Costa County Lease Management Division, 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 Accounting Division
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 TWENTY-FIVE AND NO/100 DOLLARS ($25.00) 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 (1'/2%) per month, from the date said
payment was due and payable until paid.
4. UTILITIES: TENANT shall pay promptly when due all gas and electric 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 two (2) adults and one (1) child. 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
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drugs. TENANT shall comply with all State laws and local ordinances concerning
said property and the use thereof.
TENANT agrees to park any non-operational vehicles within the enclosed
garage area. TENANT agrees to water the landscaping in a satisfactory manner to
insure survival of all plant materials. Failure to comply with the provisions of this
Paragraph S shall be grounds for termination of this Agreement.
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 dilapi-
dations 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 written 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: No birds, cats, dogs or other pets or animals shall be kept on the premises
without the express written permission of the DISTRICT, and such permission may
be withdrawn if such creature causes complaints, creates a nuisance or causes damage
in the opinion of the DISTRICT.
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: the County Assessor of Contra Costa County
has invoked a possessory interest tax on all rentals of DISTRICT and other publicly-
owned properties. This tax is mandatory by law and is levied on the TENANT and
not the property. The occupant of the property on the lien date, March 1 of the
current year, is liable for full payment, even if TENANT subsequently vacates the
premises. TENANT, therefore, must recognize and understand, in accepting this
Agreement, that his interest therein may be subject to a possible possessory interest
tax that the County Assessor may legally impose on such possessory interest held by
the TENANT, and that such tax payment shall not reduce any rent due the DISTRICT
hereunder and such tax shall be the liability of and be paid promptly by the TENANT
when due.
13. WASTED 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.
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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, 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.
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 such
vacation, 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. PUBLIC USE: TENANT understands and agrees that this property has been
acquired for a future public use and will be available as rental property only in the
interim between the time of acquisition and its development for public use. While it
is expected that this property will be available for one (1)year, development for such
public use may result in termination of the rental at an earlier date.
20. RELOCATION BENEFITS: TENANT waives the right to make any claim against
DISTRICT for relocation benefits in the event DISTRICT elects to terminate this
agreement for any reason.
21. 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.
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i
22. 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.
23. WRITTEN AGREEMENT: Neither party has relied on any promise or represen-
tation 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.
24. SECURITY DEPOSIT: DISTRICT will hold a deposit in the amount of$800.00
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.
If TENANT has a pet, the property shall be sprayed for fleas upon vacancy 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.
1g75S1''
Receipt of payment in the amount of $ 00 is hereby acknowledged from
TENANT, which is allocated as follows:
$ 675.00 Initial rent payment from October 15, 1995 through November 14, 1995
$ 800.00 Security, cleaning, and damage deposit.
$ - 30.00 Credit toward initial cleaning of the premises.
$ - 0 - Last month's rent. This sum is nonrefundable.
$1,445.00 TOTAL 4EA
DISTRICT
CONTRA COSTA COUNTY FLOOD By W� '
CONTROL AND WATER CONSER- Greg Su der
VATION DISTRICT, a political subdi-
vision of the State of California
By
By Lisa Suender
Director of General Services
RECOMMENDED FOR APPROVAL:
By- ",/, 3--,ie� —
Deputy ounty AdmyuWator
By
Lease Manager SandCrk.RA
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