HomeMy WebLinkAboutAgr 2019-02-05 (Samantha Bonifacio) Town of Tiburon, California
Agreement to Rent or Lease
Town of Tiburon, California
AGREEMENT TO RENT OR LEASE
1. Parties: This agreement is made and entered into on February 5, 2019 between
Samantha Bonafacio ("Tenant") and the Town of Tiburon ("Owner" or "Town"). Tenant is
eligible to rent or lease the Premises, as defined below, as Tenant qualifies as a person or family
of low or moderate income, as defined by the guidelines in California Health and Safety Code, or
a successor statute ("Low or Moderate Income Household").
2. Premises: Subject to the terms and conditions below, Owner rents to Tenant, and
Tenant rents from Owner, for residential purposes only, the prcmises known as 3 Marsh Road,
located in Tiburon, California ("Premises").
3. Month-to-Month Term/Income Certification: The terms of the rental shall
begin on February 5, 2019 and shall continue on a month-to-month basis, the tenancy terminable
by Owner or Tenant by the giving of thirty(30) days written notice to the other. The Town rents
this to Tenant as part of an employee housing program. Therefore, without limiting the Town's
discretion to terminate this tenancy, in the event that Tenant ceases to be employed by a public
agency located on the Tiburon Peninsula (including Library, School Districts, Sanitary Districts,
Fire Districts, the City of Belvedere and the Town of Tiburon.), the Town may elect to terminate
this Agreement by providing thirty (30) days written notice of termination. hl addition, Town
shall annually recertify whether Tenant qualifies as a Low or Moderate hlcome Household in
accordance with this agreement and the Town's policies. In the event Tenant no longer qualifies
as a Low or Moderate Income Household, Town may elect to terminate this tenancy by
providing at least thirty (30) days written notice to Tenant.
4. Rent; Security Deposit: The initial rent for the Premises shall be $1,650 per
month, which is equal to or less than an "affordable rent" as defined in the California Health and
Safety Code, or a successor statute. In addition, Tenant will pay a security deposit for rental of
the Premises of an additional $1,650.
Tenant shall make rental payments on or before the first day of each month. Tenant shall make
all payments required under this Agreement to the Town Department of Administrative Services.
The Owncr may increase the rent upon thirty days' notice to Tenant, provided rent remains equal
to or less than an "affordable rent" as defined in the California Health and Safety Code or a
successor statute. A late fee of$45.00 will be charged for monthly rent paid after the 5"' day of
the month.
5. Returned Cheelc Fees: In the event any check offered by the Tenant to the
Owner in payment of rent or any other amount due under this agreement is returned for lack of
sufficient funds or a closed or nonexistent account, Tenant shall pay to Owner a check-return fee
in the amount of$10.00, in addition to any other fees and charges which may be charged to the
Owner as a result of this action.
6. Utilities: Tenant shall be responsible for payment of all utility and refuse
collection charges.
Town of Tiburon, California
Agreement to Rent or Lease
7. Use and Occupancy: Tenant shall use the Premises as their primary residence.
Tenant shall not use the Premises for any purpose other than that of as a private residence,
without Owner's prior written consent.
8. Condition of Premises: Tenant acknowledges that she has examined the
Premises, including carpets, drapes, and paint, and have found then to be in good condition.
Tenant will: (a) keep the Premises in good order and repair, and upon terinination of tenancy,
return the Premises to Owner in a condition identical to that which existed when Tenant took
occupancy, except for ordinary wear and tear; (b) immediately notify Owner of any defects or
dangerous conditions in and about the Premises of which they become aware; and (c) reimburse
to Owner, on demand by Owner to his or her agent, for the cost of any repairs to the Premises
damaged by Tenant or their invitees.
9. Assignment and Subletting: Tenant shall not sublet any part of the Premises or
assign this agreement without the prior written consent of the Owner.
10. Pets: No pets are allowed without prior written consent from Owner.
11. Non-Smoking Unit. 3 Marsh Road is a non-smoking unit. Tenant will not
smoke while inside the unit nor allow others to do so.
12. Access for Inspection and Emergency: Tenant agrees that Owner or Owner's
agents may enter the Premises in the event of an emergency, or to make repairs or improvements,
supply agreed-upon services, exhibit the Premises to prospective purchasers or tenants, or to
ensure compliance with the terins of this agreement. Except in case of emergency, Owner shall
give Tenant reasonable notice of intent to enter. In order to facilitate Owner's right of access,
Tenant shall not, without Owner's prior written consent, alter or re-key any locks to the
Premises. At all times Owner or Owner's agent shall be provided with a key or keys capable of
unlocking all such locks and gaining entry. Tenant will notify Owner if he installs any burglar
alarm system including instructions on how to disarm it.
13. Quiet Enjoyment: Tenant shall be entitled to quiet enjoyment of the Premises.
Tenant shall not use the Premises in such a way as to violate any law or ordinance, commit waste
or nuisance, or annoy, disturb, inconvenience, or interfere with the quiet enjoyment of anv other
nearby resident.
14. Repairs and Alterations: Except as provided by law or as authorized by the
prior written consent of Owner, Tenant shall not make any repairs or alterations to the Premises.
15. Damage to Premises and Financial Responsibility: In the event the Premises
are damaged by fire or other casualty covered by insurance. Owncr shall have the option either
to: (1) repair such damage and restore the Premises, this Agreement remaining in full force and
effect; or (2) give notice to Tenant at any time within thirty (30) days after such damage
terminating this agreement as of a date to be specified in such notice. In the event of giving such
notice, this agreement shall expire and all rights of Tenant pursuant to this Agreement shall
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Town of Tiburon, California
Agreement to Rent or Lease
terminate. Owner shall not be required to make any repairs or replacements of any property
brought onto the Premises by Tenant. Tenant accepts financial responsibility for any damage to
the Premises from fire or casualty caused by the negligence of either Tenant or of any member of
Tenant's household or any person allowed into the Premises by Tenant. Tenant shall cant' a
standard renter's insurance policy from a recognized insurance firm, or as an alternative,
warrants that he/she will be financially responsible for any losses that would not be covered by a
standard property owner's fire and extended coverage insurance policy. Tenant will pay for
damages or plumbing stoppages caused by Tenant's negligence or misuse.
16. Receipt of Legal Documents: Owner or the person signing this agreement on
Owner's behalf, is authorized to manage said Premises, and is authorized to act for and on behalf
of Owner for the purposes of service of process and for the purpose of receiving all notices and
demands, at the address indicated below Owner/Agent's signature herein. Any and all notices to
and demands of Tenant shall be sent to the address of the Premises
17. Entire Agreement: This document constitutes the entire agreement between the
parties. Neither Owner nor Tenant has made any other-promises or representations, other than
those contained herein and those implied in law.
18. Additional Provisions: Owner shall be responsible for payment of any
Homeowner's Association dues.
This agreement has been signed on the day and year first written herein.
OWNER: Town of Tiburon
Rental Address: 3 Marsh Road, Tiburon, CA 94920
Town Agent: I Director of Administrative Services, or their designee
By: Gr-g nam`s, Town Manager Date
TENANT:
Date ----
Approved as to form:
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Kniarnin L. Sic own Attorney Date