82-007 Lease Agreement 10852 S. Stelling Rd - Nancy Culhane; Resolution No. 5818 and 6215RESOLUTION NO. 6215
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AUTHORIZING EXECUTION OF LEASE
AGREEMENT OF CITY PROPERTY AT 10852 SOUTH
STELLING ROAD
WHEREAS, there has been presented to the City Council a
lease agreanent for City property at 10852 South Stelling
Road by M. L. (Doc) Hawkins; and the tenns and conditions
of said agreanent 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 agreenent
in behalf of the City of CUpertino.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of CUpertino this 5th day of December,
1983 by the following vote:
Vote Me:nbers of the City Council
AYES: Gatto, Johnson, Rogers, Sparkr, Plungy
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
Isl John J. Plungy, Jr.
Mayor, City of Cupertino
ATTEST:
Isl Dorothy Cornelius
City Clerk
' ·~
LEASE AGREEMENT -SINGI.:E FAMTLY COTTAGE
This AGREEMENT made in duplicate on _Noyember 28, , 1983, by and
between the CITY OF CUPERTINO, hereinafter designated as "CITY", and
M. L. (Doc) Hawkins, undersigned, designated as "Tenant", who hereby agrees
to lease property owned by the City of Cupertino as:
One bedroom, cottage, located at 10852 South Stelling, for a period of
one (i) year, commencing on the 28th day of November, 1983, and
ending on the 28th day of ------October 1984 , on a lease basis
of Four Hundred Ninety-Five Dollars ($495.00) per month, payable monthly in
advance on the 28th day of each calendar month beginning December ------
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.
Tenant hereby approves, agrees, and consents to the following terms and
condJtions:
(1) That the lease of the above premises is on a month-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,on
the first day of each month so long as tenancy continues.
(2) To pay promptly when due, all gas, light, water, and other utility
bills applicable to the premises during Tenant's occupation, and to save
CITY harmless therefrom.
(3) CITY will not make any improvements or repairs on said property of any
nature whatsoever, except repairs to the following items ONLY where considered
necessary by CITY: Repairs to roofs, water heaters; replace broken plumbing
fixtures and water service pipes to fixtures. Tenant is reponsible for all
minor repairs including clogged drains, leaky faucets, and broken windows.
CITY will not repair or replace stoves and/or refrigerators except built-in.
Tenant will properly use and operate all electrical, gas and plumbing fixtures
and keep them as clean and sanitary as the condition permits.
( 4) That no credit will be allowed Tenant by CITY for the cost of any
repair work perforrred 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 rrore than five (5) days
without first cbtaining the written consent of CITY. Tenant shall not
assign, sublet or otherwise transfer this lease or any portion thereof and
any atterrpt. to do so shall be voidable and of no ef feet for any pirpose and
shall furnish grounds for irrmediate termination of this lease. ·
'(6) The .Tehant will give the CITY thirty days written notice of intention
to rrove or vacate the property, . and upon such vacation agrees to leave sa.tTE
in as good condition as existed as of the day possession of the property
was taken, allowing, of course, for ordinary and nonnal 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 nonnal 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 rerroved by CITY, and the cost of said reiroval ·will be paid by the
· undersigned Tenant. ·
(7) To occupy the. premises as Tenant's abode, and to utilize portions
thereof for 1i ving, · sleeping, . cooking or dining purposes only which were
respectively designed or intended to be used for such occupancies. To keep
property in a neat, clean, sanitary, and orderly condition at all tirres
during occupancy, including watering of shrubs and lawns, and not to pei:mit
rubbish,. tin cans, garbage, etc., to accumulate at any tirre, 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 comnit, suffer or pennit 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 imroral purposes; and to ccnply with all CITY laws and local ordinances
concerning s.aid property and the use thereof.
( 8) 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 ti ire within thirty ( 30 ) days after
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 rerrove personal property therefrom, and in this event Tenant
waives any and . all claims for damages against CITY, its agents or
errployees. Nothing herein shall be deerred a waiver of any rights of CITY to
demand and cbtain 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
hereof. On the day the property is vacated, the Tenant agrees to deliver
the keys to said property at 10300 Torre Avenue, CUpertino, California, or
mail the keys to 10300 Torre Avenue, CUpertino, California. It is further
agreed that rent shall continue to accrue uhtil the date said keys are
delivered to the CITY.
(10) ··In the event that it is necessary· for· either party to retain .'an '.
Page 2
attorney or to bring sµit to enforce this agreement, the prevailing party
shall. be entitled to all attorney's fees and court costs reasonably
required to enforce this agreerrent~
f (11) Tenant recognizes and understands in accepting this rental agreerrent
that his interest therein may be subject to possible possessory interest
tax that the City· or County may .irrpose on such interest, and that such tax
payrrent 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 roREEMENT 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
sidewqlks adjacent thereto during the term of this l'(;REEMEN'r or any
extension hereof or any occupancy hereunder. Tenant is hereby convenanting
and agreeing to indemnify ahd save harmless the CITY,. its officers, agents
and employees from all liability, loss, cost and c:hligations on account of
or arising out of any stich injuries or: losses however occurring.
( 13) In the event there is any prior existing Lease or Rental Agreement
between Tenant and CITY (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.
(14) A 'J;'~ant who rrnves out of our property in the middle of a rental
period must pay rent for the entire rrnnth. 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 tenporary nature, and that no Relocation PB.yllEnt or. Advisory Assistance
will be sought. or provided in any form as a consequence of this tenancy.
· ..
' ' -
Page 3 .
Tenant:
Hawkins
CITY OF CUPERTINO:
Approved as to form:
, .. ( .
~4.~ STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA)
On this day of ~td _day of ~ 11.~ n1 betf-
in the year of J1f3 before me D e;~-ajiv tlQ.J,e/e ~e/,~..s I
personally appeared /J//.l. Dc1t1-tkw10#\
personally known to me (or proved to m~ on the basis of satisfactory evidence)
to be the person whose name is subsctibed to this instrument, and acknowledged
that he (she or they) executed it;·
WITNESS my hand.and official l~')('.)G:GG)(9 __ -G:G. Gl<9~c;~Gl<SG>(·J."'' '··· ,.,X'.:lb~(;,.._, C OFFICIAL SJiAL ~
DOROTHY MARIE CU1<NELIUS •. ~ NOTARY f'. uti1.JC . (ALlfvRNIA ~ 8 ... SAi"''" -.LAKA COUNTY ~
~ My Commission Expires Feb. 17, 1984 f
t>:\9G><9G>vu"-C•G".:JGl\9<i'0G'-., .. ,, ~-·; u.<.:J<.>X:.J~X:.Jr,X~
seal.
Notary c in and for
of Santa Clara, State of
CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
)
COUNTY OF SANTA CLARA)
On this day of
in the year of
SS.
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument, as president (or secretary)
or on behalf of the corporation therein named and acknowledged to me that the
corporation executed it.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my officia.l
seal in the County of Santa Clara the day and year in this certificate first
above written.
n/29/82
Notary Public in and for the County
of Santa Clara, State of California
".
RESOLUTION NO. 5818
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF LEASE AGREEMENT OF CITY PROPERTY
AT 10852 SOUTH STELLING ROAD
WHEREAS, there has been presented to the City Council a "Lease Agree-
" ment -Single Family Residence of City property located at 10852 South
Stelling Road, by Nancy M. Culhane and Pertti Karjalainen, and the terms
and conditions of said ~greement 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 Cuper-
tino.
PASSED AND ADOPTED at a regular meeting of the City Councl of the
City of Cupertino this 16th day of February , 1982 by the following
vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy, Rogers, Sparks
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
Isl Reed Sparks
Mayor, City of Cupertino
ATTEST:
Isl Dorothy Cornelius
City Clerk
LEASE AGREEMENT -SINGLE FAMILY RESIDENCE
This AGREEMENT made in duplicate on ~-l_6_t_h~o_f~F_e_b_r_u_a_r_y~~~' 19 ~
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, one bath home located at 10852 South Stelling
for a period commencing on the first day of November, 1981 on a lease basis of
Three Hundred Fifty Dollars ($350.00) per month, payable monthly in advance,
on the first day of each calendar month beginning November 1, 1981. There will be
a penalty for late payment of Two Dollars ($2.00) per day.
Tenant hereby approves, agrees, and consents to the following terms and
conditions:
(1) That the lease of the above premises is on a month-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,
on the first day of each month so long as tenancy continues.
(2) To pay promptly when due, all gas, light, water, and other utility
bills applicable to the premises during tenants occupation, and to save City
harmless therefrom.
(3) City will not make any improvements or repairs on said property of
any nature whatsoever, except repairs to the following items only where
considered necessary by City: Repair to roofs, heaters and water heaters;
replace broken plumbing fixtures and water service pipes to fixtures.
Tenant is responsible for all minor repairs· including clogged drains;
leaky faucets, and broken windows. City will not repair or replace stoves
and/or refrigerators except built-in appliances. Tenant will properly
use and operate all electrical, gas and plumbing fixtures and keep them
as clean and sanitary as the condition permits.
-1-
(4) That no credit will be allowed tenant by City for the cost of any
repair work performed or ordered done by the tenant.
(S) .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 move 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
respectively 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 time,
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.
(8) That this tenancy is temporary b:y 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 after
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 our personal property therefrom, and in this event
Tenant waives any and all claims for damages against City, its agents or
employees. Nothing herein shall be deemed a waiver of any rights of City
to demand and obtain 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
hereof, On the day the property is vacated, the Tenant agrees to deliver
the keys to said property at 10300 Torre Avenue, Cupertino, California, or
mail the keys to 10300 Torre Avenue, Cupertino, Califo.rnia. It is further
agreed that rent shall continue to accrue until the date said keys are
delivered to the City.
-2--
(10) In the event that it is necessary for either party
attorney or to bring suit to enforce this agreement, the
shall be entitled to all attorney's fees and court costs
quired to enforce t}lis agreement.
to retain an
prevailing party
reasonable re-
(11) That this agreement is made upon the express condition that the City
of Cupertino, 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 whatso-
ever while in, upon, or in any way connected with the said demised premises
or the sidewalks adjacent thereto during the term of this agreement or
any extension hereof or any occupancy hereunder. Tenant is hereby covenant-
ing 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.
(12) In the event there is any prior existing Lease or Rental Agreement
between Tenant and City (or its predecessor in interest) covering the sub-
ject 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.
(D) A tenant who moves out of our property in the middle of a rental
period must pay rent for the entire month. 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.
(14) 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.
Tenant
CITY OF CUPERTINO 0 --
Approved as
City ciei~