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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 - 1 - 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. -2 - 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. - 3 - 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 -4 -