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89-151 Lease agreement at 19810 Portal Plaza Cit,4 of CNperti"o P.O. Box 580 10300 Torre Avenue Cupertino,California 95014 Cupertino,California 95015 Telephone: (408) 252-4505 DEPARTMENT OF THE CITY CLERK December 18, 1989 Mohamad Siavoshy Naomi Castillo- Llamas 19810 Portal plaza Cupertino, CA 95014 LEASE AGREEDIT AT 19810 PORTAL, PIM We are enclosing to you for your files one (1) copy of the Agreement by and between the City of Cupertino and Mohannad Siavoshy and Nacmi Castillo-Llamas, which has been fully executed by City Officials, along with' one (1) copy of Resolution No. 7992, which was enacted by the City Council of the City of Cupertino, at their regular meeting of Monday, December 4, 1989. Sincerely, DOROTHY S B CITIY C= CITY OF CUPERTINO DC/so encl. RESOLUTION NO. 7992 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUI=ZING EXECUTION OF LEASE AGRJMMENT OF CITY PROPERTY AT 19810 PORTAL PLUA WHEREAS, there has been presented to the City Council a lease agreement for City property at 19810 Portal Plaza by Mahwmnad Siavoshy and NacM3- Castillo-Llamas; and the terms and conditions of said agreement haves 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 . Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day of December , 1989.1 by the following vote: Vote Menbers of the City Council AYES: Goldamn, Sorensen, Szabo, Koppel NOES: None ABSENT: Rogers ABSTAIN: None ATTEST: APPROVED /s/ Roberta A. Wolfe /s/ Barbara Koppel City Clerk, 'Deputy Mayor, City of Cupertino Pro Tempore LEASE AGREEMENT - TOWNHOUSE This AGREEMENT made in duplicate on December 4, 1989 , 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: Two Bedroom, Townhouse located at 19810 Portal Plaza commencing on the day 1st of December , 1989 on a six (6) month lease basis for the first six (6) months thereafter on a month-to-month lease basis NINE HUNDRED AND SEVENTY FIVE DOLLARS ($975.00) per month, payable monthly in advance, , on . the first day of each calendar month. The first and last month's rental and a deposit of .THREE HUNDRED DOLLARS ($300.00) is payable in advance. This deposit shall be used to repair damages to the premises caused by the tenant, exclusive of ordinary wear and tear and to clean the premises if necessary upon termination of the tenancy. Tenant hereby approves, agrees, and consents to the following terms and conditions: (1) That the lease of the above premises is on a six (6) month basis for the first six (6) months thereafter on a month-to-month lease 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. Rent is deemed late and .delinquent if not received by the City on or before the fifth day of each month. If the rent is not paid by the fifth day of each month, a late charge of $20.00 will be assessed. In addition, a charge of $20.00 will be assessed for any check returnedby the bank because of insufficient funds or for any other reason. (2) To pay promptly when due, all gas, light 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, stoves, dishwasher, replace broken plumbing fixtures and water service pipes to fixtures. Tenant is responsible for all minor repairs including, but not limited to, clogged drains, leaky faucets, and broken windows. Tenant will properly use and operate all electrical, gas and plumbing fixtures and keep them clean and sanitary. If repairs are required by the city call (408)253-8950. (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. Page 1 (6) The -Tenant shall give the CITY at least thirty days written notice of intention to move or vacate the property, with rent due and payable to and including the date of vacation. Upon such vacation, Tenant agrees to leave same in 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 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 to 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) No pets, or dangerous items shall be kept or allowed in or about the premises without owner's written permission. (9) Waterbeds will be allowed only where the tenant provides, prior to its installation, a valid waterbed insurance policy or certificate of insurance for property damage in the _amount of $100,000.00. In addition, Tenant shall pay an additional deposit of $500.00 and shall comply with all requirements of California Civil Code Section 1940.5. (10) 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 to 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. (11) In the event that it is necessary for either party to retain an 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. Page 2 V • (12) The City will pay any possessory interest tax that may arise from tenancy. • (13) 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 convenient 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. (14) In the event there is any prior existing Lease of 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 the Rental Agreement. (15) Upon termination of this tenancy, the keys to the property are to be brought in or mailed to the Cupertino Department of Finance, 10300 Torre Avenue, Cupertino, California, 95014. Any portion of the deposit not retained by the CITY for repairs, etc. will be mailed to the Tenant. (16) 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. (17) The Tenant acknowledges receipt of and agrees to abide by all Covenants, Conditions and Restrictions (CC&R's) and bylaws Portal Plaza Homeowners Association issue. (18) This agreement is the final and exclusive expression of all the terms of this AGREEMENT and cannot be modified without written agreement between the parties hereto. Page 3 f Tenants: Mohammad Siavosh • Na mi asti lo-Llamas CITY OF CUP ERTINO ayor: City C1 k: Approved as to Form: /wa City Attorney: CITY OF CUPERTINO INTERDEPARTMENTAL Date Dec. 6, 1989 To CITY CLERK From PUBLIC WORKS--SUMI a CI Information MESSAGE: LEASE AGREEMENT--TOWNHOUSE CI Implement Transmitted for processing are three sets of agreement. CI Investigate CI Discuss i See me 1^1 Reply Mohammad Siavoshy Naomi Castillo-Llamas B810 Portcaiipiazu Cupertino, CA 95014 i sm attach. Reply: SIGNED: DATE Send parts 1 and 2; retain part 3 for follow-up; part 2. to be returned with reply