80-011 Mark Small (Caretaker) Tenant @ Monta Vista Elementary Admin. Office Reso 5226CITY OF CUPERTINO
MONTA VISTA SCHOOL RENTAL AGREEMENT
THIS AGREEMENT, entered into this 19th day of February , 1980,
between the City of Cupertino, hereinafter referred to as "Management" and
Mark Small, hereinafter referred to as "Tenant."
Management does hereby rent to Tenant the Administrative Office located at
22601 Voss Avenue, Cupertino,Ca-lif.orhia,_ on a month-to-month tenancy basis and
under the following terms and conditions:
1. It is agreed that the monthly rental shall commence on the 5th day
of February . 1980.
2. Tenant agrees to pay Management for each month, in advance, on the first
day of each month, during the full term of this rental agreement the sum of:
$ 50.00 for the room as hereinabove described
(gas, electricity or telephone are included).
3. Tenant shall not sublet nor assign this room and said premises are to
be occupied soley as housing accomodations by 1 adult and 0
children only, and for no other purpose whatsoever.
4. Tenant shall keep said premises in a good state of preservation.
5. Tenant releases Management from any liability for loss or damage to
Tenant's property while stored on the said premises. No property shall be so
stored without prior written consent of Management. Any property so stored shall
be removed from the premises immediately on termination of tenancy. In the event
such property is not so removed, Management may dispose of same without any liability
to Tenant whatsoever.
6. 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 the agree-
ment.
7. Tenant and Management agree that the primary purpose in making the above
facility available for rent is security. Such security will be the re-
sponsibility of the Tenant. In carrying out those security responsibilities, the
Tenant agrees to not employ the use of any firearms or other weapons that could
produce bodily harm.. The Tenant agrees not to engage in any physical encounter
with any intruders, unless it is for the purpose of self-defense.
8. The Tenant agrees to conduct him/her 'self in a manner that will be
acceptable to the adjacent community and Management. Unacceptable behavior
will result in termination of this agreement.
9. Tenant agrees that at the commencement of this rental agreement that
the room is in good condition and repair is clean. Tenant agrees to leave the
room clean when vacating. Tenant agrees to pay for all articles missing, burnt,
chipped, broken or torn, and damages by Tenant to building, including but not
limited to its furniture, carpets, drapes, walls and fixtures. Management will
inspect the premises upon the termination of tenancy to -determine the extent of
the damage, if any. The room shall be restored to the same condition by Tenant
in which it was received by the Tenant at the commencement of the tenancy without
exception for reasonable wear and tear. The Tenant shall pay any monies necessary
to restore said room to said condition.
10. Tenant agrees not to keep any animal, bird, fowl, pet, piano or waterbed
in the room without written permission of Management.
11. Tenant acknowledges that Tenant has examined and read the "School Site
Room Rules".
12. Violation by Tenant of any applicable ordinance or statute shall be
deemed sufficient cause for termination of tenancy. Tenant representations made
in the rental application shall be considered inducement to Management to execute
this agreement. Misrepresentations in the application shall be considered as
cause to terminate this agreement. Each and every term, covenant and agreement
herein contained shall be deemed a condition hereof. Management would not have
entered into this agreement except sole reliance that Tenant shall fully perform
each and every condition. No oral agreements have been entered into, and this
agreement shall not be modified unless such modification is reduced to writing.
Waiver by Management of any breach of any term or condition of this agreement,
shall not constitute a waiver of subsequent breaches. Time shall be of the essence
of this agreement. The invalidity or partial invalidity of any provision of this
agreement shall not render the remainder of the agreement valid or unenforceable.
13. TENANT AGREES TO GIVE MANAGEMENT NOTICE OF INTENTION TO VACATE THIRTY (30)
DAYS PRIOR TO THE EXPIRATION OF HIS CURRENT MONTH'S TENANCY.
14. Tenant agrees to give access to Management to maintain, inspect, repair
and show room at reasonable hours.
15. Any items attached to the walls or woodwork, including shelving, brackets,
hooks, chain locks, but excluding pictures and art objects, are to remain as the
property of the building.
-2-
16. Thirty (30) days prior to the expiration of this agreement, or in the
event that Tenant terminates his tenancy as herein provided, Management shall
have the right to immediately show said premises to prospective tenants.
17. Tenant agrees not to make any alteration, installations, repairs or
redecorations of any kind whether permitted by law or otherwise, to the premises
without written permission by Management.
18. Tenant agrees to use designated parking space exclusively for the park-
ing of motor vehicles, including automobiles, motorcycles, and pickup.trucks, but
excluding trailers of any kind, boats, campers, buses or trucks larger than a one
ton pickup.
19. Each of the parties hereto acknowledges receipt of an executed duplicate
copy of this rental agreement. All tenants shall sign this agreement and shall be
jointly and severally liable thereunder, and any subtenant or guest, whether or
not considered by Management, by taking occupancy, shall be deemed to have know-
ledge of and to have consented to the terms of this agreement.
APPROVED AS TO FORM:
/ llul'4 /�/
City Attorne
ATTEST:
Zoe, �__ e��
City Clerk(/
CITY OF CUPERTINO, A municipal corporation
of the State of California, herein referred
called the City
Mayor, City of Cupertino
Tenant
RESOLUTION NO. 5226
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING AGREEMENT WITH CARETAKER ON MONTA VISTA ELEMEN-
TARY SCHOOL SITE
WHEREAS, there has been presented to the City Council an agreement
for rental of premises on the Monta Vista Elementary School site for occupancy
by a caretaker for the site, and said agreement having been approved by the
City Attorney;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are
hereby authorized to execute the agreement herein referred to in behalf of
the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this i q fib day of FahriiarT_1980 by the following vote:
Vote Members of the City Council
AYES: Jackson, O'Keefe, Rogers, Sparks, Meyers
NOES: None
ABSENT: None
ABSTAI14: None
APPROVED:
/s/ Robert W. Meyers
Mayor, City of Cupertino
ATTEST:
0
Isl Dorothy Cornelius
City Clerk