Loading...
HomeMy WebLinkAbout1991-09-17; City Council; 11345; APPROVE RENTAL AGREEMENT FOR THE HISPANIC COMMUNITY INFORMATION CENTER AT 3430 HARDING STREET.. z o 5 a 2 0 2 3 0 0 1 wmur bAHLS6AD - AGENDbBILL DEPT.' ' M CITY I x -, -. AB# //.345 TITLE: APPROVE RENTAL AGREEMENT FOR THE DEPT. 09/17/91 HISPANIC COMMUNITY INFORMATION MTG. CITY I CENTER AT 3430 EARDING STREET RECOMMENDED ACTION: 1. Approve Resolution No. 9,- 3*3 which: 1, Authorize the Utilities and Maintenance Directo: to execute the rental agreement between the Ci? of Carlsbad and Lexia M.A. Kaspar Ribeiro. ITEM EXPLANATION: The City Council previously approved on May 21, 1991 thi library's application for a second year (1991-92) Partnership, for Change Grant primarily to establish an Hispanic Communit: Information Center or Centro de Informacion in the city. Sinct there is no space available within City facilities to house thi: program, a search for adequate rental space was conducted. Tht property at 3430 Harding Street, which is immediately available and consists of approximately 868 square feet , was determined tc best meet the needs of this program. Because of the granl funding involved, it was determined that the rental agreemenl consist of a month-to-month tenancy to protect the City. This item is being brought to the Council now to facilitate minor tenant improvements and allow sufficient time for staff tc move in and begin the program as early as possible in October. The Conditional Use Permit (CUP) is scheduled to be heard by the Planning Commission on October 2, and Planning staff have indicated they will support granting the CUP. FISCAL IMPACT: The cost to rent this facility is $845 per month. Approval of the recommended action would result in the total expenditure of $7605 during the upcoming fiscal year. Funds have been included in the grant for this purpose. EXHIBITS : 1. Resolution - ~-3o3 , 2. Rental Agreement .. a 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 ren facility at 3430 Harding Street for office space. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carl California, as follows: 1. That the above recitations are true and correct. 2. That the Rental Agreement between the City of Carlsbad and Lexia 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 authoriz sign the Rental Agreement on behalf of the City. ~ /// /// /// /// /// /// /// /// /// /// a 1 2 3 4 5 6 7 8 9 10 Xi- 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council o City of Carlsbad on the 17th day of September , 1991, by the foll vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaa NOES: None ABSENT: None ATTEST: - ALETHA Oh=L L . RAUgNKR!Ni!-\ (SEAL) Page 2 of Resolution No. 91-303 E This Rental Agreement and e complete terms and conditions under which the parties whose signatures appear below ha Lexia M.A. Kaspar Ribeiro , Landlord/Lessor/Agent shall be referred to as "OWNER ' and ----~ Carlsbad -_________. City ~___ LibrarL 3430 -.... -. ._ Harding ...~ ..... ~ street^. ~~ -.... ..__ __._ 1 .__, 198.Lnd continue' (check one) __._____ ~ _-.__...._...... .~ ~~~ .~ - Tenant(s)/Lessee(s) shall be referred to as "RESIDENT " As consideration for this agreement. OWNER agrees to rentilease to FiESlDENT and I agrees to rent/lease from OWNER for use SOLELY AS A PRIVATE RESIDENCE, the premises known as Apartment No _..... , located at i 1. TERMS: RESIDENT agrees to pay in advance ~-84_5L_0Q per month on the. --I. - day of each month This agreement shall commence; ~ .. .-- ____, in the city of Alsbad _...._ ~~ ___- ___ ...-.-.. A. 0 until . .. . . - ~., 198 - as a leasehold Thereafler it shall become a month-to-month tenancy If RESIDENT sh from the premises prior lo the expiration of this time period. he shall be liable for all rent due until such tire !%t the Apartment is occupied by an OWNEF paying RESIDENT and/or expiration of said time period, whichever period is shorter. 6. mon a month-to-month tenancy until either party shall terminate this agreement by giving a written notice of intention to terminate at least m days 1 date of termination 2. PAYMENTS: Rent and/or other charges are !o be paid at the office or apartment of the manager 01 the building or at such other place designated ir OWNER For the safety of the manager. all paymentsare to be made by check or money order and no cash shall be acceptable OWNER acknowledge: theFirst Month'srentolS.845. 0.00 andaSecurityDepositof$..845... 00, fora totalpaymentofS . 1690 a. O~llpaymentsnretobemndei ... ... . .- ~ .. 60 -.--~ - - - - - ... ..-. ~ .. . . . ~ .. . .. .. ..-... ~ .-. . _...._ ~~- __-._... ... .. 3. SECURITY DEPOSITS: The Security Deposit shall not exceed two tilnes the monthly rent for unfurnished apartments nor three times Ihe mont furnished apartments The total of the above deposits shalt secure compliance with the terms and conditions of this agreement and shall be refunded to within 1.1 days after the premises have been completely vacated less any amount necessary to Dav OWNER a) any unpaid rent. b) cleaning co replacement costs. d) costs for repair of damages to apartment and/or common areas above ordinarywear and tear. and e) any other amount legally allow the 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 I and damages. the RESICENT shall immediately pay said additional costs lor damages to OWNER During the term of tenancy. RESIDENT agrees to iri' deposit upon 30 days written notice by an amount equal to any future increases in rent and/or an amour;t necessary to cover the cost of rectityirig any, expense for which RESIDENT IS responsible 4. LATE CHARGE: A late fee of $5.0 . 7 0 , said amount not to exceed 6% of the monthly rent, shall be added to ariy payment of rent not ni, ... -5.. day(s) alter the due date or lor which a deficient (bounced) check shall have been given 5. UTILITIES: RESIDENT agrees to pay for all utilities and/or services based upon occupancy 01 the premtses except Water /Tr a s 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 folio\ individuals and/or animals, AND NO OTHERlshall occupy the subject apartment for more than 15 days unless the expressed written consent of ( obtainedinadvance: thirty days from Owner Lexia b1.A.K. Ribeiro in Writing RESlDENTshall pay additional rent at the rate of $1 00.00 per month or25% of the then current monthly rent, whichever amount is greater, for the per that each additional guest in excess of the above named shall occupy the premises. RESIDENT shall pay the same additional monthly rent for each animal in excess of the above named animal(s) which shall occupy the premises. Acceptance of additional rent or approval of a guest shall not ' requirement of this agreement nor convert the status of any "guest" into a RESIDENT. 7. PETS AND FURNISHINGS: No liquid-filled furniture receptacle contaming more than ten gallons of liquid. highly combustible materials or other ,t may cause a hazard or affect insurance ratfs. nitlsical instrument. itern(sj of unusual weight or dimension. animal, fowl. fish. reptile. and/or pet of any ki keptonorabout thepremises.foranyamountof time. withoutobtaining the priorwrittenconsent andmeetinqthereqliirernentsof theOWNEf'( Said granted. shall be revocable at OWNER'S option upon giving a 30-day written notice In the event laws are passed or perniission IS granted to hav prohibited by lhis acjreeinent or 11 for ariy reason such item exists on the premises. there shall be minimum additional rent of S25 a montli for each s another amount is n3t stated in this agreement RESIDENT also agrees to carry insurance deemed appropriate by OWNER to cover possible losses clSlrl!l said ilerns 111 filii event laws ;KO rxissed or permission is granted to havea 47 shill1 bc, rcqiiiictl :ilong with th(s wlriing 01 OWNER'S "PET AGREEMENT '' 8. PARKING: When and if RESIDENT is assigned i! parking space on OWNERS property. the parking space shall be uscd exclusively I aiitomobiles and/or those approved vehicles listed on RES1DENT'S"Application lo Rent/Leasc"or allached hereto RESIDENT is hereby &?rag %aid space shall not be used lor the washing. painting. or repair of vehicles No other parking space shall bc used by RE RESIDENT is responsible lor oil leaks and other vehlcle discharges for which RESIDENT shall be cti;irged for c:lc?iininq if deerned fit'( 9. NOISE: RESIDENT agrees not to cause or allow any noise or activity on the premises whtch rnight dlsturb the peace and quirt of iiiiottier RESIDENT and/or activity shall be a breach of this Agreemenl 10. LOITERING AND PLAY. L;runging. playlng. or unnecessary loitering in the halls. on the front steps or in the common areas in such ii way as to inlerlf free use and enjoyment. passage or convenlencc of another RESIDENT IS prohibited 11. DESTRUCTION OF PREMISES: If the premises become totally or partially destroyed during the term of this Agreenient so that RESIDENT'S use i Impaired. RESIDENT or OWNER may termiriate this Agreement immediately upon three-day written notice to the other 12. CONDITION OF PREMISES: RESIDENT acknowledgesthat he hasexamined the premises and that said premises. all furnishings. fixtures. luriiituie heating. electrical facilities, all items listed on the attached inventory sheet. if any, and/or all other items provided by OWNER are all clean, and I! satisfactory condition except as may be Indicated elsewhere in this Agreement RESIDENT agrees to keep the premises and all items in good order an' and to immediately pay lor costs to repair and/or replace any portioii of the above damaged by RESIDENT. his guests and/or invilees. except as provide the terminationofthis Agreement. alloftheaboveenumerateditemsin thisprovisionshallbereturnedtoOWNERincieanandgoodconditionexceptforr wear and tear and the premises shall be free 01 all personal properly and trash not belonging to OWNER It is agreed that all dirt, holes, tears. burns. and s size or amount in the carpets, drapes, walls, fixtures and/or any other part 01 the premises. do not constitute reasonable wear and tear 13. MAINTENANCE AND ALTERATIONS: RESIDENT shall not palnt. wallpaper, alter or redecorate. change or install locks, install antenna or olher t screws. fastening devices. excessively large nails. or adhesive malerials. place signs. displays. or other exhibits. on or in ariy portion of the premises written consent of the OWNER excepl as may be provided by law RESIDENT shall deposit all garbage and waste in a clean and sanitary mariner Into receptacles as provided and shall cooperate in keeping the garbage area neat and clean RESIDENT shall be responsible lor disposing of items of s nature as are not normally acceptable by the garbage hauler for the building RESIDENT shall be responsible for keeping the garbage disposal clean bones; toothpicks. match sticks. celery. pits. grease. metalvegetable ties. and all other items that may tend tocause stoppage of the mechanism RES1 pay for the cleaning oul of any plumbing fixture that may need to be cleared of Stoppage and lor the expense or damage caused by the stopping 01 wii: overflow from bathtubs, washbasins, toilels. or sinks 14. HOUSE, POOL. AND LAUNDRY RULES: RESIDENT shall comply with ail house. pool, pet and laundry roles whlch may be chanqed fror time to t rules shall apply to, but are not limited to. noise. odors. disDosaIo1 trash. pets. parking. use of common areas. and storage of loys bicycles '001s. aridoth items (including signs and laundry) which must be kept inside and out 01 view OWNER shall not be liable to RESIDENT lor any violation of such ides b RESIDENTS or persons Rights of usage and maintenance 01 the laundry room and/or pool and pool area are gratuitous and subject to revocation by OW time 15. CHANGEOFTERMS: Thetermsandconditionsofthisagreement are SubJeCI tofuturechange byOWNkRafter theexpirationofthe agrewlleaser 30 days written notice setting forth such change and delivered to RESIDENT Any changes are sublect to laws in existence at the time 01 Ihe Noliccb 01 Terms. nd/or animal q/any kind. an additional deriosil iri tlwiiriiourit ofS No PETS p@Jq I~EXHIBIT 21 AOA FORM NO. 101 0 COPYRIGHT 1986 APARTMENT OWNERS ASSOCIATION 15130 VENTURA BLVD., SUITE 202, SHERMAN OAKS, CA 91403 0 (818) 995-7800 5455 WlLSHlRE BLVD., SUITE 1009, LOS ANGELES, CA 90036 0 (21 3) 937-881 1 16 *TERMINATIONJ/After expiraticn of the leas -month but may be terminated by eit . giving to IheotheraWaywrittennoticeof inten terminate Wherelawsrequire"justcause. suchjust c shall besostatedonsaidnotice The1 shall be considered vacaled only after all areas including storage areas are clear of all RESIDENTS belongings and keys and other property furn RESlDENTSuseare relurned toOWNER Should the RESIDENT holdover beyond theterminationdateorfail tovacateall possessionsonorbeforethetei date RESIDENT shall be liable tor additional rent and damages which may include damages due to OWNERS loss of prospective new RENTERS 17 POSSESSION If OWNER is unable to deliver possession of the Apartment to RESIDENT on the agreed date because of the loss or destructv Apartment or because of the failure of the prior RESIDENT to vacate or for any other reason the RESIDENT and/or OWNER may immediately cancel and t this aqreemenl upon written notice to the other party at their last known address whereupon neither party shall have liability to the other, and any sums p this Agreement shall be refunded in full If neither party cancels this Agreement shall be pro rated and begin on the date of actual possession 18 INSURANCE RESlDENTacknowlPdqes that OWNER Sinsurancedoes not coverpersonalDropertydamaqecaused by fire theft raiii war actsof Gc otlier? and/or my other caiises nor shall OWNER be held liable for such losses RESIDENT IS HEREBYADVISEDTO OBTAIN HIS OWN INSURANCE PC COVER ANY PERSONAL LOSSES This does not waive OWNERS duty lo prevent personal injury or property damage where that duty is imposed t 19 RIGHT OF ENTRY AND INSPECTION OWNER or OWNER S Agent by themselves or with others may enter inspect and/or rtpN thP prPmisPs at ai case of emergency or suspected abandonment OWNER shall give 24 hours advance notice and may enter for the purpose of showing the premises durir biisiness hours to prospective renters buyers lenders for smoke alarm inspections and/or for normal inspection and repairs Normal business hourc 9 00 AM to 6 00 PM Monday through Saturday except holidays and 10 00 AM to 5 00 PM on Sundays Upon 24 hours notice RESIDENT hereby agree OWNER the keys to the premises for the purpose of having a duplicate made tor OWNERS use 20 ASSIGNMENT RESIDENT agrees not to transfer assign or sublet the premises or any part thereof and hereby appoints and authorizes the OWNE iyent and/or by OWNER S own authority to evict any person claiming possess~on by way of any alleged assignment or subletting 21 PARTIAL INVALIDITY Nothing contained in this Agreement shall be construed as waiving any of RESIDENT S or OWNER S rights under the law If ar this Ayreemenl 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 P validity or enforceability of any other provision of this Agreement 22 NO WAIVER 3WNER S acceplance of rent with knowledge of any default by RESIDENT or waiver by OWNER of any breach of any term or coridittc Arjrr.i~mcnt shd not constitute a waiver of subsequent breaches Failure lo require compliance or to exercise any riqht shall not be construed a? n Y OWNER of said term condition and/or right and shall not affect the validity or enforceability of any other provision of this Agreement 23 ATTORNEY'S FEES If any legal action or proceeding be brought by either party to this agreement the prevailing party shall he reimbursed for all re, dtlorney s fees and costs in addition to other damages awarded 24 ABANDONMENT Abandonment shal be governed by California Civil Code Section 1951 2 If any rent has remained unpaid for 14 or more ConSPcu and th? OWNER has a reasonable belief of abandonment of the premises OWNER shall give 18 days written notice to RESIDENT at any place (including It premises) that OWNER has reason to believe RESIDENT may receive said notice of OWNER S intention todeclare the premises abandoned RESIDENT St respond to said notice as required by law shall allow OWNER to reclaim the premises 25 Thp unaersigned RESIDENTS are jointly and severally responsible and liable for all obligations under this agreement and shall indemnify OWNER foi caused by the acfions (omission or commission) of RESIDENTS their guests and invitees 26 ADDITIONS AND/OR EXCEPTIONS ______-_ - - _-_ - __ - C I TY -0ELC A R LS B A D-W I-LL_OG&PVp-g-~~-+~- - Useape will be_ a-LIiBRARY FOR THE S-panis-h C-0-mmunity. THJ?RE WIT,T, BE A SP KCIAL_BIIl1ACHMENT W ITII L E A SE--=A L_-C!2.ED_I_TI_o__N A_I*_IISE-PERMI-TBYHECITYUBL SBA D_ BUILDIJG- g P~~N-N.I-NGDE_PARTME-~__~- - ___ __. CITY OF CARLSBAD_WLUUnSIBLELEaB4REIMESES_BS_TD SXCU OF- ALL-THEIRR~I~~-Dsrrppr.rF.s--~.- _- __ --- 27 NOTICES AllnoticestoRESIDENTshalIbeservedat RESlDENTSapartmentandallnotices toOWNERshall beservedat Manager sapartment orat 28Cl@&&&pqh& A~a~me~t~~nP,s'the~o~~w~ng~m~~~r29%~~~1~~ Home Msg Pager __ ' - ___ (619 )581-226' RESIDENT further acknowledqes that the su$%$ei!els :r; f!r~i~h~~!~he~d~ional trnishings listed on the attached inventory and that s,rid at 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 D: Apartment Keys Pet Agreement iod this agreement is automatically renewed from mo e e __ - __ __ __ - -_----- _---- ~ - ____ - - -_____ ____ -_- _- -Le xi a M * A f KaspaLRibeim On rsrl shnd Vi 11 Rge-Dr_. suite _1088-312 - .... -Stove? .GarhageD.isp ar et L ___ . D __- _I___ ____ 0- __~ __ - ___ 30 VOLUNTARY VACANCY If and when RESIDENT voluntarily vacates the Premises RESIDENT hereby agrees to immediately siqn a statement at no OWNERor RESIDENT that meetstherequirementsnecessary tosubstantiateand prove for any governmental purposes suchasrent controllaws that RE: did in fact voluntarilyvacate If RESlDENTfails tosign therequiredstatementwithin threedaysaftervac NTshallbeliable toOWNERfor them all losses reasonably suffered by OWNER as a result of not being able to claim a voluntary vacancy substantially exceed RESIDENT S S Deposit ents have been entered in SIDENT has read erstandsthis A City of Carlsbad -__-____-____ _____ ___ -Car@qad7-GA-9;1Q88 Owner/ gen Date Resident NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR THE ADEOUACY OF ANY PROVISION IN THIS AGREEMENT IF YOU DESIRE LEGAL AI CONSULT YOUR ATTORNEY )A in n c ,-A <GZ J \ AOA FORM NO 101 0 COPYRIGHT 1986 4 APARTMENT OWNERS ASSOCIATION 15130VENTURA BLVD , SUITE 202, SHERMAN OAKS, CA91403 0 (818) 995-7800 5455 WlLSHlRE BLVD , SUITE 1009, LOS ANGELES, CA 90036 0 (213) 937-8811 ,,nnn TPnrY A,,= CI,ITC .- -.-r.-.l---..