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HomeMy WebLinkAboutAgr 2015-06-30 (Kyra O'Malley)Town of Tiburon, California Agreement to Rent or Lease — 6 ?✓7(;" Town of Tiburon, California AGREEMENT TO RENT OR LEASE 1. Parties: This agreement is made and entered into on June 30, 2015 between Kyra O'Malley ("Tenant") and the Town of Tiburon ("Owner"). a CnVg i1UL '4U. TOWN CLERK TOWN OF TIBURON 2. Premises: Subject to the terms and conditions below, Owner rents to Tenant, and Tenant rents from Owner, for residential purposes only, the premises known as 6 Marsh Road, located in Tiburon, California ("Premises"). 3. Month -to -Month Term: The terms of the rental shall begin on June 30, 2015, 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 (specifically the Library, School District, 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 $1375.00 per month. In addition, Tenant will pay a security deposit for rental of the Premises of an additional $1,375.00. 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 to Tenant. A late fee of $45.00 will be charged for monthly rent paid after the 7th`h day of the month. 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 their 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. 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 Town of Tiburon, California Agreement to Rent or Lease 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. 6 Marsh Road is a non-smoking unit. Tenant will not smoke while inside the unit, including the deck, 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. 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. Town of Tiburon, California Agreement to Rent or Lease 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: 6 Marsh Road, Tiburon, CA 94920 Town Agent: Director of Administrative Services By: Margarii A. Curran, Town Manager Date Approved as to form: 1 11,1/1 Date 7-1 z-fS Benjamin L. Stock, Town Attorney Date