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83-038 Wally and Ann Leynse, Lease Agreement of Single Family Cottage 10852 South Stelling, Resolution No. 6184 LEASE AGREEMENT - SINGLE FAMILY COTTAGE This AGREEMENT made in duplicate on August , 1983, 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, cottage, located at 10852 South Stelling, for a period of six (6) months, commencing on the 21 114 day of September, 1983, and ending on the 2r7T day of ma )('.h , /�,glfjy , on a leasebasis of Four Hundred Ninety-Five Dollars ($495.00) per month, payable monthly in advance, on the 2.7 day of each calendar month beginning Cdr) ' , 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 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 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 performed 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 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 by 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 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, California. It is further agreed that rent shall continue to accrue until 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 suit to enforce this agreement, the prevailing party shall be entitled to all attorney's fees and court costs reasonably required to enforce this agreement. ",(11) Tenant recognizes and understands in accepting this rental agreement that his interest therein may be subject to possible possessory interest tax that the City or County may impose on such interest, and that such tax payment 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 AGREEMENT 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 sidewalks adjacent thereto during the term of this AGREEMENT or any extension hereof or any occupancy hereunder. Tenant is hereby convenanting 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. (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 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. (15) 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. Page 3 Tenants: ) Wally H. Leynse O.nna ihvi i& cd' Jnze_. Anna Theresa Leynse CITY OF CUPERTINO: 4 Maj : f City Clerk: Approved as to form: City Attorney: