HomeMy WebLinkAboutAgr 2010-09-01 (Schaefer - 4 Marsh Road)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 September 1, 2010
between Jacquelyn Schafer ( "Tenant ") and the Town of Tiburon ( "Owner ").
2. Premises: Subject to the terms and conditions below, Owner rents to
Tenant, and Tenant rent from Owner, for residential purposes only, the premises known
as 4 Marsh Road, located in Tiburon, California ( "Premises ").
3. Month -to -Month Term: The terms of the rental shall begin on
September 1, 2010, 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 days
written notice of termination
4. Rent; Security Deposit: The initial rent for the Premises shall be
$1,275.00 per month. In addition, Tenant has paid a security deposit for rental of the
Premises of an additional $1,275.00. 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 Owner may increase the rent
upon thirty days notice.
5. Returned Check 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.
7. Use and Occupancy: Tenant shall use the Premises as his primary
residence. Tenant shall not use the Premises for any purpose other than that of as a
private residence, and for no other purpose without Owner's prior written consent.
Town of Tiburon, California
Agreement to Rent or Lease
8. Condition of Premises: Tenant acknowledges that he has examined the
Premises, including carpets, drapes, and paint, and have found them to be in good
condition. Tenant will: (a) keep the Premises in good order and repair, and upon
termination 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: Tenant will not keep or allow any animal or other pet to be kept
(except properly trained dogs needed by blind, deaf or physically disabled persons,) on or
about the Premises without the prior written consent of the Owner.
11. Non - Smoking Unit. 4 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, or exhibit the premises to prospective
purchasers or Tenant. 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 any 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.
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Town of Tiburon, California
Agreement to Rent or Lease
15. Damage to Premises and Financial Responsibility: In the event the
premises are damaged by fire or other casualty covered by insurance, Owner 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 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 carry 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 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
Homeowner's Association dues.
This agreement has been signed on the day and year first written herein.
OWNER:
Town of Tiburon
Rental Address:
4 Marsh Road, Tiburon, CA 94920
Town Agent:
Director of Administrative Services
Town of Tiburon, California
Agreement to Rent or Lease
TOWN OF TIBUR/O /N
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By: Margalqt A. Curran, Town Manager Date
TEN
J uelyn D. SchaferDate
Approved as to form:
Ann R. Danforth, Town Attorney Date
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