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HomeMy WebLinkAboutReso 54-1983 RESOLUTION NO. 54-83 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF A RENTAL AGREEMENT FOR 822 WEST ORANGE AVENUE that: BE IT RESOLVED by the City Council of the City of South San Francisco 1. Execution of Agreement. Execution of an Agreement entitled "Rental Agreement" between the City of South San Francisco and Elsie-Ann Soria on the rental of 822 West Orange Avenue is hereby authorized, and a copy of said Agreement is attached hereto as Exhibit "A." 2. Signatures. The City Manager is authorized to execute said Agreement on behalf of the City, and the City Clerk attest his signature thereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 20th day of April , 1983, by the follow- ing vote' AYES' NOES- ABSENT: Councilmembers Mark N. Addieqo, Emanuele N. Damonte, Gus Nicolopulos; · . and Roberta Cerri Teqiia · None ~Councilmember Ronald G. Acosta ATTEST' ' City Clerk - RENTAL AGREEMENT This Rental Agreement made and entered into this 26th day of April , 19 83 , by and between the City of South San Francisco, a California municipa- lity, hereinafter referred to as LANDLORD, and Elsie-Ann Soria, hereinafter referred to as TENANT, evidences the terms and conditions under which the par- ties agree on the part of the Landlord to rent to the Tenant and on the part of the Tenant to rent from the Landlord, the premises described as 822 West Orange Avenue, South San Francisco, California 94080. W I T N E S S E T'H That LANDLORD and TENANT hereby approve, agree and consent to the following: 1. TERM AND RENTAL: The term of this Rental Agreement shall commence on the 1st day of- July , 19 83 , and shall be a month to month tenancy, at a rental rate of FOUR HUNDRED FIFTY DOLLARS {$450.00) per month, which shall be subject to periodic review for increase, payable monthly on or before the first day of each month to said Landlord, City of South San Francisco, 400 Grand Avenue, South San Francisco, California 94080, Attention- Joseph Fi guei redo, Purchasing Officer/Property Manager; and 2. LATE RENT PENALTY: Rent not paid by the sixth {6th) day of the month shall be considered delinquent and subject to a late charge of fifteen dollars $ 15.00 ; and 3. RETURNED CHECKS' A ten dollar $ 10.00 charge will be made for all --_ checks returned by the bank. In the event of bank error, there will be no such charge provided written acknowledgment of such error is received by Landlord from the bank; and -1- · 4. DEPOSIT: Landlord acknowledges receipt of two hundred dollars $ 200.00 , as security deposit, paid by Tenant to Landlord, and said deposit -~. shall be held by the Landlord as security for the payment by Tenant of all rent provided for herein, and for the performance of all of the obli§ations of tenant provided herein. In the event that there shall be any such default in the payment of rent or the performance, of any term or condition, Landlord shall have the right to apply all or any part of said security deposit in payment of any such rent, or in payment of any damage sustained on account of the default of Tenant hereunder. Provided, however, that so long as Tenant shall remain in possession of the premises, Landlord sh'all not be required to apply such security deposit, and may bring an action against Tenant' on account of any such default. Any remaining balance of the security deposit after such aPplication and payment of rent or other damages, shall be returned to Tenant within two (2) weeks after the termination of said tenancy; and 5. Tenant shall pay and bear the cost of all utilities, including, but not limited to, fuel, water, gas, heat, light power, electricity and telephone utilities, furnished or supplied to the rented premises during the term of this Rental Agreement. Tenant shall provide for, and shall pay and bear all of the costs of, janitorial, disposal and all other services in and upon the rented premises; and 6. Landlord shall not be liable for any loss or damage to the property on said premises from any cause or source whatsoever, including, but not limited to, leakage of water, defective plumbing, defective electrical wiring, defective sewers, etc., unless such loss or. damage is caused by the acts or omissions of Landlord, Landlord's a§ents and employees. In addition, Landlord shall not be liable for any damage or injury to persons or property occurring or arising upon said premises, or upon the sidewalk area surrounding said premises, irrespective of what .may be the cause of such damage or injury unless such damage or injury i~ caused by the acts or omissions of the Landlord, Landlord's agents or employees. In this connection, Tenant agrees to defend Landlord against all expenses, liability, and claims for damage to property, or injury to or death of,. persons, from any cause whatsoever arising out of or during Tenant's obliga- tions or permitted acts hereunder and Tenant shall provide an adequate insurance policy therefor; and 7. SUBLETTING: Tenant shall not assign this Rental Agreement, or any interest therein, and shall not sublet said premises', or any part thereof, or any right or privilege appurtenant thereto, or suffer anY'~other person to occupy or use .~- · said premises, the agents and servants of Tenant excepted, or any portion thereof, without the written consent of Landlord first had and obtained, and a consent to one assignment, subletting, occupational use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by another person. Any such assignment without such consent shall be void, and, in the event thereof, Landlord may, at its option, terminate this Rental Agreement. This Rental Agreement shall not, nor shall any interest therein, be assignable, as to the interest of Tenant, by operation of law, without the written consent of Landlord. In the event of a breach of this con- dition, Landlord shall have the power to immediately declare this Rental Agreement terminated and ~ill thereupon be entitled to immediate possession of the property; and 8. This Agreement is automatically renewed from month to month upon payment and receipt of rent, but may be terminated at any time thereafter by either party giving to the other in writing thirty (30) days prior Notice of Intention to Terminate. No oral notice, or notice given by Tenant under which the termination date is not definite shall be effective. In the event of Tenant's failure to give such Notice of Intention to Terminate, he shall be liable for another full month, During said thirty (30) day period Landlord or - -3- his agent shall have the right of reasonable'inspection. Upon termination, Tenant shall return premises and contents clean and free from trash and in as good condition as when received, ordinary wear and damages by the elements excepted, or pay the cost of all repairs to any damage done to said premises; and 9. MAINTENANCE: - Tenant shall keep and maintain premises in a clean and sanitary con- dition at all times during occupancy including watering of shrubs and lawn, if any, and not permit rubbish, tin cans, garbage, ~and other offensive material to accumulate at any time nor to commit, suffer'°o~"permit any waste of Said premi- ses or 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 Tenant shall not make any alterations to or upon said premises except as contemplated with the consent of the Landlord first having been obtained and the cost of such alterations, rebuilding, or improvements shall be paid by Tenant to Landlord; and 10. Tenant shall, at her own cost and expense, at all times comply with any and all federal and state laws, statutes, and any and all ordinances, rules, regulations, and laws of the City of South San Francisco, or any of its boards, officers, servants, or employees, now or hereafter to be enacted, passed, or adopted with reference to maintenance, use, or occupation of said premises, or, in the conduct of any business therein carried on; and 11. Tenant shall permit Landlord and its agents or employees to enter into and upon said premises at all reasonable times for the purpose, to inspect and/or repair said premises, to show said premises to prospective tenants, purchasers, or other persons having a legitimate interest therein. Tenant agrees not to change any lock, or add any lock or locking device to said premi- ses without the prior written, consent of Landlord; and -- 4- · 12. NOTICE TO VACATE: Tenant shall vacate said premises at any time within thirty (30) days after receipt of said notice to do so from Landlord, and failing to vacate as herein provided, agrees that Landlord or its authorized agent, may enter upon said property and remove personal property therefrom, and in this event Tenant waives any and all claims for damages against Landlord, its agents or employees. On the day the property is vacated, the tenant agrees to deliver or mail the keys to said property to' City of South San Francisco, 400 Grand Avenue, South San Francisco, California 94080, Attention.'.' Joseph N. Figueiredo, Purchasing Officer/Property Manager; and 13. No waiver by Landlord of anything,.covenant, or condition herein con- tained shall be construed as a waiver of future performance thereof. The sub- sequent acceptance of rent hereunder shall not be deemed as a waiver of any pro- ceeding, breach of any covenant or condition by Tenant; and 14. Tenant recognizes and understands in accepting this Rental Agreement that her interest therein may be subject to a possible possessory interest tax that the City and County may impose on such interest, and that such tax payment .. shall not reduce any rent due the Landlord hereunder and any such tax shall be the liability of and be paid by the Tenant; and 15. In the event there is any prior existing lease or Rental Agreement betWeen Tenant and Landlord (or its predecessor in interest) covering 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; and 16. In the event any Suit is brought by either Landlord or Tenant under this lease, the prevailing party therein shall be entitled to the fees of its attorneys in such suit, which fees shall become due and payable at the time of filing suit, and the amount so allowed for fees shall be taxed as part- of the cost of such suit; and -5- · 17. The responsibility of maintaining 'peace and quiet on the property is that of the Tenant. Excess noise by the Tenant or guest in or about the pro- perty may terminate this Rental .Agreement at the sole option of the Landlord; _ and . 18. No guests may remain or live in this rental property for an excess of fifteen 115) days without prior approval of Landlord; and' 19. Those facilities and spaces within and on multi-unit premises which are intended to be used by more than one tenant shall be shared or used equally. Facilities are described as but not limited' to, wash rooms, common walks, dri- · yes, stairs, clotheslines, and picnic areas, parking spaces, and storage areas, · laundry rooms, etc.; and 20. No uncaged pets are to be kept in or on the premises without prior approval by Landlord; and 21. Motor vehicles to be parked on this property are limited to two (2) vehicles, and no motor vehicle shall be stored or worked upon in, on, or about the property; and 22. This property may be shown and inspected at reasonable hours. At least twenty-four (24) hours advance notice will be given Tenant by telephone at (415) 583-8435 at residence 822 West Orange Ave., South San Francisco, CA or South San written notice to Ms. Elsie-Ann Soria, 822 West Orange Ave., Francisco, CA or posting property. Should Tenant not be available to show premises, permission is hereby given by the Tenant to the Landlord to gain entry by whatever means available; and 23. Tenant shall include not more than four 14) members total number; and 24. Landlord and Tenant agree that this tenancy is of a temporary nature -6- and, that no relocation payments or assistance will be paid or claimed in any form as a consequence of this tenancy; and DATED: e-'Ann Sor( a Tenant ATTEST: CITY OF SOUTH SAN FRANCISCO City Manager -7-