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Home My WebLink About1991-09-17; City Council; Resolution 91-303-% .f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e @ RESOLUTION NO. 91-303 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A RENTAL AGREEMENT WITH LEXIA M.A. KASPAR RIBEIRO FOR THE RESIDENCE AT 3430 HARDING STREET, CARLSBAD, CALIFORNIA WHEREAS, the City of Carlsbad, California has determined the need to pr additional office space to establish the Hispanic Community Information Ce and WHEREAS, after negotiating with Lexia M.A. Kaspar Ribeiro, the owner c property, for additional office space, the City Council has decided to ret facility at 3430 Harding Street for office space. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Car- California, as follows: 1. That the above recitations are true and correct. 2. That the Rental Agreement between the City of Carlsbad and Lexii Kaspar Ribeiro attached hereto as Exhibit A is hereby approved, SI to approval of the Conditional Use Permit. 3. That the Utilities and Maintenance Director is hereby authorii sign the Rental Agreement on behalf of the City. I/ /// /// /// /// /// /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 I.L 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 @ PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council ( City of Carlsbad on the 17th day of September ? 1991, by the foll vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nyga; NOES: None ABSENT: None ATTEST: - ALETHA WR L. RAUiENKR8Z*\ (SEAL) Page 2 of Resolution No. 91-303 .. RENTAFGREEMENT ANB/OQLEASE This Rental Agreement and/or Cease shall evidence the complete terms and conditions under which the parties whose signatures appear below have -1 Lexia M.A. Kaspar Ribeiro , Landlord/Lessor/Agent shall be referred to as "OWNER.' and ~---. Carlsbad Cit-y __ Library ___ Tenant(s)/Lessee(s) shall be referred to as "RESIDENT." As consideration for this agreement, OWNER agrees to rent/lease to RESIDENT and RE agrees to rent/lease from OWNER for use SOLELY AS A PRIVATE RESIDENCE, the premises known as Apartment No __ , located at ..-._. ... Se 1. TERMS: RESIDENT agrees lo pay in advance 5 -8 4 5.,-0_0_ per month on the . ..I. - day of each month This agreement shall conlnlence oil 3430 __._ . - - Harding . . . . ._ . -. - _. street. in thecity of --.Larlsba.L.---- _____, 1 198B_hd continue: [check one) ._-_- _- A. 0 until .__._ - -... ....-. .. ..- .. . .. .______ .. ___._, 198.- as a leasehold. Thereafter it shall become a month-to-month tenancy. If RESIDENT shou from the premises prior lo the expiration of this time period. he shall be liable for all rent due until such tirra !hat the Apartment is occupied by an OWNER ai paying RESIDENT and/or expiration of said time period, whichever period is shorter. B. @on a month-to-month tenancy until either party shall terminate this agreement by giving a written notice of intention to terminate at least3 days prij date of termination. 2. PAYMENTS: Rent and/or other charges are !o be paid at the office or apartment of the manager of the building or at such other place designated in w OWNER. For the safetyof the manager, all payments are to be made by check or money order and no cash shall be acceptable. OWNER acknowledges rf the First Month's rent of $.84.5,.0 0 and a Security Deposit of $83&0 &. for a total payment of $26 9_0-*.0 QIl payments are to be made pa! 60 -.--.--- -.- -..---._...._..... . . . ._._ - ._..___..___.._..-_-_-----.- .-. .. 3. SECURITY DEPOSITS: The Security Deposit shall not exceed two times the monthly rent for unfurnished apartments nor three times the monthly furnished apartments. The total of the above deposits shall secure compliance with the terms and conditions of thisagreement and shall be refunded to RE within 14 days after the premises have been completely vacated less any amount necessary to Dav OWNER a\ any unoaid rent, b) cleaning cost: replacement costs, d) costs for repair of damages to apariment and/orcommon areas above ordinarywear and tear. and e) any otheramount legally allowab Ihe terms of this agreement A written accounting of said charges shall be presented to RESIDENT within 14 days of move-out If deposits do not cover su( and damages, the RESICENT shall immediately pay said additional cosls lor damages 10 OWNER. During the term of tenancy, RESIDENT agrees lo incrf deposit upon 30 days written notice by an amount equal to any luture increases in rent and/or an amouct necessary to cover the cost of reclifying any da expense for which RESIDENT is responsible 4. LATE CHARGE: A late fee of $5 0 . 7 0 . , said amount not lo exceed 6% of the monlhly rent. shall he added to any payment of rent not mads ._..... >... dayls) afler the due date or for which a deficient (bounced) check shall have been given 5. UTILITIES: RESIDENT agrees to pay for all utilities and/or services based upon occupancy of the premises except . Wa t e r /T r a s h 6. OCCUPANTS: Guest(s) staying over 15 da s without the written consent of OWNER shall be considered a breach of this agreement. ONLY the followir individuals and/or animals, AND NO OTHEdshall occupy the subject apartment for more than 15 days unless the expressed written consent of OV obtainedinadvance: thirty days from Owner Lexia M.A.K. Ribeiro in Writing RESIDENTshallpayadditionalrentattherateof$100.00 permonthor25Xofthethencurrentmonthly rent, whicheveramountisgreater, fortheperioc that each additional guest in excess of the above named shall occupy the premises. RESIDENT shall pay the same additional monthly rent for each ad animal in excess of the above named animal($ which shall occupy the premises. Acceptance of additional rent or approval of a guest shall not w6 requirement of this agreement nor convert the status of any "guest" into a RESIDENT. 7. PETS AND FURNISHINGS: No liquid-filled furniture. receptacle containing more than ten gallons of liquid. highly combustible materials or olher iten may cause a hazard or affect insurance rates. musical instrument. itein(s) of unusual weight or dimension. animal. fowl, fish. reptile. and/or pet of any kind keplon or about the premises. for any amount of time. withoutobtaining the priorwrittenconsent andmeeting therequirementsof theOWNER. Saidcc granted. shall be revocable at OWNER'S option upon giving a 30-day written notice. In the event laws are passed or permission is granted to have, prohibited by this agreement or if for any reason such item exists on the premises. there shall be minimum additional rent of $25 a month for each SuC another amoml is not stated in this agreemenl. RESlDENTalso agrees to carry insurance deemed appropriate by OWNER to cover possible IOSSeS Ci usrngsadilems l~~lheevenllawsarepassedorpermiss~onisgrantedtohavea~~ shall be required along with Ihc signing of OWNER'S "PET AGREEMENT." 8. PARKING: When and if RESIDENT is assigned a parking space on OWNER'S property, the parking space shall be used exclusively for parking Of PZ automobiles and/or those approved vehicles listed on RES1DENT'S"Application to RentiLease" or attached hereto RESIDENT is hereby assigned parkii k!.???s $aid space shall not be used for the washing. painting. or repair of vehicles No other parking space shall be used by RESIDENT or his RESIDENT is responsible for oil leaks and other vehicle discharges for which RESIDENT shall be charged for cleaning if deemed necessary by OW and/or activity shall be a breach of this Agreement 10. LOITERING AND PLAY: Lwnging. playing. or unnecessary loitering in the halls, on the front sleps. or in the common areas in such a way as toinlerferr tree use and enjoyment. passage or coiivenience of arother RESIDENT is Drohibited 11. DESTRUCTION OF PREMISES: If the premises become totally or partially destroyed during the term of this Agreement so that RESIDENT'S use is ! impaired. RESIDENT or OWNER may terminate this Agreement immediately upon three-day written notice lo the other 12. CONDITION OF PREMISES: RESIDENT acknowledges that he has examined the premises and that said premises. all furnishings. fixtures, furniture. P heating. electrical facilities. a11 items listed on the attached inventory sheet. if any, and/or all other items provided by OWNER are all Clean, and in c satisfactory condition except as may be indicaled elsewhere in this Agreement RESIDENT agrees to keep the premises and all items in good order and ( and to immediately pay for costs to repair and/or replace any porlioii of the above damaged by RESIDENT, his guests and/or invitees. except as provided I theterminationof this Agreement. all of theabove enumerated items in this provisionshallbe returnedtoOWNERin cleanandgoodconditionexcept for re: wear and tear and the premises shall be free of all person31 property and trash not belonging to OWNER. It is agreed that all dirt. holes, tears. burns. and sta size or amount in the carpets, drapes, walls, lixtures aid/or any other part of the premises. do not constitute reasonable wear and tear 13. MAINTENANCE AND ALTERATIONS: RESIDENT shall no1 paint. wallpaper. alter or redecorate, change or install locks, install antenna or other eci screws, fastening devices, excessively large nails. or adhesive materials. place signs. displays. or other exhibits. on or in any portion of the premises ivi written consent of the OWNER except as may be proviced by law RESIDENT shall deposit all garbage and waste in a clean and sanitary nianner into It receptacles as provided and shall cooperate in keeping the garbage area nea1,and clean. RESIDENT shall be responsible for disposing of items Of Su( nature as are not normally acceptable by the garbage hauler lor the building RESIDENT shall be responsible for keeping the garbage disposal Clean 0 bones, toothpicks. match sticks, celery, pils. grease, metal vegetable ties. and all other items that may tend to cause stoppage of the mechanism RESID pay for the cleaning out of any plumbing fixture that may need IC be cleared of stoppage and for the expense or damage caused by the Stopping of wastc overflow from bathtubs, washbasins, toilets. or sinks 14. HOUSE, POOL, AND LAUNDRY RULES: RESIDENT shall comply with ail house, pool, pet and laundry rules which may be changed from time IO tin rules shall apply to. but are not limited to, noise. odors, disposal of trash, pets. parking. use of common areas, and storageof toys. bicycles. too1s. andolher items (including signs and laundry) which must be kept ixide and out of view OWNER shall not be liable lo RESIDENT for any violation 01 such rules by RESIDENTS or persons Rights of usage and maintenance of the laundry room and/or pool and pool area are gratuitous and subject to revocation by OWN time 30 days written notice setting lorth such change and de ivered to RESIDENT Any changes are sublect to laws in existence at the time of the Notice Of C d/oranimalq/anykind. anadditional deposit intheamount of$ wb PETS 9. NOLSE: RESIDENT agrees not lo cause or allow any noise or activity on the premises which might disturb the peace and quiet 01 another RESIDENT S 15. CHANGEOFTERMS: The termsandconditionsof this agreement are subject tofulurechangeby OWNtRafter theexDirattonof Iheaoreedleasepe Terms. m, "EXHIBIT 2" AOA FORM NO. 101 COPYRIGHT 1986 APARTMENT OWNERS ASSOCIATION 15130 VENTURA BLVD., SUITE 202, SHERMAN OAKS, CA 91403 (818) 995-7800 5455 WlLSHlRE BLVD., SUITE 1009, LOS ANGELES, CA 90036 0 (213) 937-8811 o-month but may be terminated by eithf 16. TERMINATION$After expiraticn of the le giving to the other amay written notice Of int eshall be sostatedonsaid notice. The pr, shall be considered vacated only after all areas including storage areas are clear of all RESIDENT'S belongings, and keys and other Propem fUrnlS date, RESIDENT shall be liable for additional rent and damages which may include damages due to OWNERS loss of prospective new RENTERS. 17. POSSESSION: If OWNER,;s unable to,deliver possession of the Apartment to RESIDENT on the agreed date, because of the loss or deslructior Apartment or because of the failure of the prior RESIDEtJT to vacateor for any other reason. the RESIDENT and/or OWNER may immediately cancel and ter this agreement upon written notice to the other party at lheir last known address, whereupon neither party shall have liability to the other. and any sums pail this Agreement shall be refunded in full If neither part,' cancels, this Agreement shall be pro-rated and begin on the date of actual possession 18. INSURANCE: RESIDENT acknowledqesthat OWNER'S insurance doesnot coverpersonal propertydamagecaused bvfire. theft, rain.war. actsof God. others. and/or any other causes, nor shall OWNER be held liable for such 1osses:RESIDENT IS HEREBY ADVISEDTO OBTAIN HISOWN INSURANCE POL COVER ANY PERSONAL LOSSES. This does not.waive OWNER'S duty to prevent personal injury or property damage where that duty IS imposed by 19. RIGHT OF ENTRY AND INSPECTION: OWNER or OWNER'S Agent by themselves or with others, may enter, inspect and/or repair the premises at any case of emergency or suspected abandonment OWNE9 shall give 24 hoursadvance notice and may enter for the purpose of showing the premises during business hours to prospective renters, buyers, lenders, for smoke alarm inspections. and/or for normal inspection and repairs. Normal business hours 5 9.00 AM to 6.00 PM. Monday through Saturday except holidays and 10.00 AM to 500 PM on Sundays. Upon 24 hours notice. RESIDENT hereby agrees OWNER the keys to the premises for the purpose of having a duplicate made for OWNER'S use. agent and/or by OWNER'S own authority to evict any person claiming possession by way of any alleged assignment or subletting 21. PARTIAL INVALIDITY: Nothing contained in this Agreement shall be construed as waiving any,ot RESIDENTS or OWNER'S rights under the law. If,an\ this Agreement shall be in conflict with the law. that part shall be void to the extent that it is in conflict. but shall not invalidate this Agreement nor shall it at validity or enforceability of any other provision of this Agreement. 22. NO WAIVER: 9WNER'S acceptance of rent with knowledge of any default by RESIDENT or waiver by OWNER of any breach of any term or conditio Agreement shall not constitute a waiver of subsequent breaches. Failure to require compliance or to exercise any right shall not be construed as 2 w OWNER of said term, condition. and/or right. and shall not affect the validity or enforceability of any other provision of this Kgreement. 23. ATTORNEY'S FEES: If any legal action or proceeding be brought by either party to this agreement, the prevailing party shall be reimbursed for all rea attorney's fees and costs in addition to other damages awarded 24. ABANDONMENT: Abandonment Shall be governed by California Civil Code Section 1951.2. If any rent has remained unpaid for 14 or more consecut and the OWNER has a reasonable belief of abandonment01 Ihe premises. OWNER shall give 18days written notice to RESIDENT at any place (including th premises) that OWNER has reason to believe RESIDENT may receivesaid notice of OWNERS intention to declare the premises abandoned RESIDENT'S 1 respond to said notice as required by law shall allow OWNER to reclaim the premises 25. The unaersigned RESIDENTS are jointly and severally responsible and liable for all obligations under this agreement and shall indemnify OWNER fo caused by the actions (omission or commission) of RESIDENTS. their guests and Invitees. 26. ADDITIONS AND/OR EXCEPTIONS: ___- CTTY OF P-E r.?rILL ~CC~py T;U,E PRMES - Useage dl1 be a LIBRARY FOR THE Spanish Community. THERE WTT,T, RE A SPECTAT, ATTACMF,NT WITH LEASE (SPECIAL CONDITIONAL US E PERMIT) RY THE CITY OF WT.SBAD BUILDING & PLANNING DEPARTMENTS, CTTY OF C.ART,SRAT) T.TRRARY WT1.T. RE RESP4NSTRT.E FOR PRETMEsES As TO SW a rn OU *. eriod. this agreement is automatically renewed from toterminate Where 1awsrequire"just cause,"such jus RESIDENTS use arereturned toOWNER. Should the RESIDENT hold overbeyondthe terminationdateorfail tovacateall possessionsonorbeforetheterm - ) 20. ASSIGNMENT: RESIDENT agrees not to transfer. assign or sublet the premises or any part thereof and hereby appoinb and ablhDYi2@StheOWNE\ >.. PLIF_S - - 27. NOTICES: All notices to RESlDENTshall be served at RESIDENT'S apartment and all notices to OWNER shall be sewed at Manager'sapartment orat ,,C,~~~~~cQh~t?WP,k~the~o~~w~~~;~~~~~r~~~~~~,~~: Home "g Pager ' ( 619)581-22' 12 M, sr Ri hpirn. ?no r,arl nharl V111a~p Dr. .Slllt.p 108A - 317 Stove. CarhaoP Dis osal&nihil~s & Carnet. I.... RESIDENT further acknowledtjes that the gbiect Premises are furnished with the additional furnishings listed on the attached inventory and that said, inventory IS hereby made part of this agreement. (Please check) 0 29. RESIDENT acknowledges receipt of the following which shall be deemed a part of this Aqreement: (Please check] 0 House Rules 0 Laundry Rules 0 Mailbox Keys 0 Pool Rules CX Apartment Keys 0 Pet Agreement 0 0 0 30. VOLUNT~RY VACANCY: If and when RESIDENT voluntarily vacates the premises, RESIDENT hereby agrees to immediately sign a statement at r OWNERor RESIDENT. thatmeetstherequirementsnecessarytosubstantiate and prove forany governmental purposes suchasrent controllaws that Ri did in fact. voluntarilyvacate. If RESlDENTfailsto signtherequiredstatement wlthin threedaysaftervacating. RESIDENTshall be IlabletoOWNERiorthe: all losses reasonably suffered by OWNER as a result of not being able to claim a voluntary vacancy. Said loss may substantially exceed RESIDENTS Deposit. Rand RESIDENT. No oral agreements have been enterec reement and hereby acknowledgesreceipt of a copy of th - Date Resident NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR THE ADEQUACY OF ANY PROVISION IN THIS AGREEMENT. IF YOU DESIRE LEGAI CONSULT YOUR ATTORNEY. /Ay!iyZ,, - AOA FORM NO. 101 0 COPYRIGHT 1986 0 APARTMENT OWNERS ASSOCIATION 15130 VEMURA BLVD., SUE 202, SHERMAN OAKS, CA91405 0 (818) 995-7800 5455 WlLSHlRE BLM., SUITE 1009, LOS ANGELES, CA 90036 (21 3) 937-881 1 <.fie0 TDlEY a\tC Ell= IM PlDnCU PDnVC PA me.U? a 17441 G?m