HomeMy WebLinkAbout95-260 NO. L-17
GEORGE E.COLE. APRIL 1980 IF UNHEATED. CHECK HERE:
LEGAL FORMS CAUTION: Consult a lawyer before using or acting under this form. (SEE PARAGRAPH l t)
All warranties,including merchantability and fitness,are excluded.
APARTMENT LEASE
UNFURNISHED
DATE OF LEASE TERM OF LEASE MONTHLY RENT SECURITY DEPOSIT.'
BEGINNING` ENDING •
. 02/01/96 Month-to-Month I $800.00 N/A
IF NONE, WRITE"NONE". Paragraph 2 of this Lease then INAPPLICABLE.
LESSEE LESSOR
NAME • City of Elgin, an Illinois NAME
• Neighborhood Housing Services of
APT municipal corporation Elgin, Inc.
BUSINESS • 205 North Gifford Street
ADDRESS OF • 311 Summit ADDRESS
PREMISES Elgin, IL 60120 Elgin, Illinois 60120
In consideration of the mutual covenants and agreements herein stated, Lessor hereby leases to Lessee and
Lessee hereby leases from Lessor for a private dwelling the apartment designated above (the "Premises"), together
with the appurtenances thereto,for the above Term.
ADDITIONAL COVENANTS AND AGREEMENTS(if any)
HOLDING OVER: If the Lesee retains possession of the premises or any part thereof after
the termination of the term of this lease by lapse of time or otherwise, then, at Lessor's
option, such holding over shall constitute a renewal of this lease for one month, and from
month to month thereafter for the same rental specified under Section 1 for such period.
Lessor may terminate any such tenancy so created by 30 days notice in writing pursuant to
735 ILCS 5/9-207. Nothing herein shall waive Lessor's right to recover double the rent or
sum which would otherwise be due for Lessee's willfully holding over or holding over after
! notice as provided in 735 ILCS 5/9-202 and 735 ILCS 5/9-203.
LEASE COVENANTS AND AGREEMENTS
RENT 1. Lessee shall pay Lessor or Lessor's agent as rent for the Premises the sum stated above,monthly in advance,
until termination of this lease,at Lessor's address stated above or such other address as Lessor may designate in writing.
SECURITY 2. Lessee has deposited with Lessor the Security Deposit stated above for the performance of all covenants and
DEPOSIT agreements of Lessee hereunder.Lessor may apply all or any portion thereof in payment of any amounts due Lessor from
Lessee, and upon Lessor's demand Lessee shall in such case during the term of the lease promptly deposit with Lessor
such additional amounts as may then be required to bring the Security Deposit up to the full amount stated above.Upon
termination of the lease and full performance of all matters and payment of all amounts due by Lessee,so much of the
Security Deposit as remains unapplied shall be returned to Lessee.This deposit does not bear interest unless and except
as required by law.Where all or a portion of the Security Deposit is applied by Lessor as compensation for property dam-
age, Lessor when and as required by law shall provide to Lessee an itemized statement of such damage and of the esti-
mated or actual cost of repairing same. If the building in which Premises are located(the"Building") is sold or other-
` wise transferred, Lessor may transfer or assign the Security Deposit to the purchaser or transferee of the Building,who
shall thereupon be liable to Lessee for all of Lessor's obligations hereunder, and Lessee shall look thereafter solely to
• I such purchaser or transferee for return of the Security Deposit and for other matters(including any interest or account-
ing)relating thereto.
CONDITION 3. Lessee has examined and knows the condition of Premises and has received the same in good order and repair
OF except as herein otherwise specified, and no representations as to the condition or repair thereof have been made by
PREMISES; Lessor or his agent prior to,or at the execution of this lease,that are not herein expressed or endorsed hereon;and upon
REDELIVERY the termination of this lease in any way,Lessee will immediately yield up Premises to Lessor in as good condition as when
TO LESSOR the same were entered upon by Lessee, ordinary wear and tear only excepted,and shall then return all keys to Lessor.
4. Except as provided by Illinois statute, Lessor shall not be liable for any damage occasioned by failure to keep
LIMITATION Premises in repair, and shall not be liable for any damage done or occasioned by or from plumbing,gas,water,steam or
OF other pipes,or sewerage,or the bursting,leaking or running of any cistern,tank,wash-stand,water-closet,or waste-pipe,
LIABILITY in, above,upon or about the Building or Premises,nor for damage occasioned by water,snow or ice being upon or com-
ing through the roof, skylight, trap-door or otherwise,nor for damages to Lessee or others claiming through Lessee for
any loss or damage of or to property wherever located in or about the Building or Premises,nor for any damage arising
from acts or neglect of co-tenants or other occupants of the Building,or of any owners or occupants of adjacent or con-
tiguous property.
USE; 5. Lessee will not allow Premises to be used for any purpose that will increase the rate of insurance thereon,nor
SUBLET; for any purpose other than that hereinbefore specified, nor to be occupied in whole or in part by'any other persons,
ASSIGNMENT and will not sublet the same,nor any part thereof,nor assign this lease,without in each case the written consent of the
Lessor first had, and will not permit any transfer, by operation of law, of the interest in Premises acquired through
this lease,and will not permit Premises to be used for any unlawful purpose or purpose that will injure the reputation of
the same or of the Building or disturb the tenants of the Building or the neighborhood.
USE AND 6. Lessee will take good care of the apartment demised and the fixtures therein,and will commit and suffer no
REPAIR waste therein;no changes or alterations of the Premises shall be made, nor partitions erected, nor walls papered, nor
locks on doors installed or changed,without the consent in writing of Lessor; Lessee will make all repairs required to the
walls,ceilings,paint,plastering,plumbing work,pipes and fixtures belonging to Premises,whenever damage or injury to
the same shall have resulted from misuse or neglect;no furniture filled or to be filled wholly or partially with liquids
shall be placed in the Premises without the consent in writing of Lessor;the Premises shall not be used as a"boarding"
or "lodging"house, nor for a school, nor to give instructions in music,dancing or singing,and none of the rooms shall
be offered for lease by placing notices on any door,window or wall of the Building,nor by advertising the same direct-
ly or indirectly, in any newspaper or otherwise, nor shall any signs be exhibited on or at any windows or exterior por-
tions of the Premises or of the Building without the consent in writing of Lessor;there shall be no lounging, sitting
upon, or unnecessary tarrying in or upon the front steps, the sidewalk, railing, stairways,halls,landing or other public
places of the Building by Lessee,members of the family or others persons connected with the occupancy of Premises;no
provisions, milk, ice, marketing,groceries, furniture, packages or merchandise shall be taken into the Premises through
the front door of the Building except where there is no rear or service entrance;cooking shall be done only in the kit-
chen and in no event on porches or other exterior appurtenances; Lessee,and those occupying under Lessee,shall not
interfere with the heating apparatus,or with the lights,electricity,gas,water or other utilities of the Building which are
not within the apartment hereby demised,nor with the control of any of the public portions of the Building;use of any
master television antenna hookup shall be strictly in accordance with regulations of Lessor or Lessor's agent;Lessee and
those occupying under Lessee shall comply with and conform to all reasonable rules and regulations that Lessor or
Lessor's agent may make for the protection of the Building or the general welfare and the comfort of the occupants
thereof,and shall also comply with and conform to all applicable laws and governmental rules and regulations affecting
the Premises and the use and occupancy thereof.
ACCESS 7. Lessee will allow Lessor free access to the Premises at all reasonable hours for the purpose of examining or ex-
hibitingthe same or to make any needful repairs which Lessor may deem fit to make for the benefit of or related to any
part of the Building;also Lessee will allow Lessor to have placed upon the Premises,at all times,notice of"For Sale"
and"To Rent,"and will not interfere with the same.
RIGHT TO 8. If Lessee shall abandon or vacate the Premises,the same may be re-let by Lessor for such rent and upon such
RELET terms as Lessor may see fit;and if a sufficient sum shall not thus be realized,after paying the expenses of such reletting
and collecting,to satisfy the rent hereby reserved,Lessee agrees to satisfy and pay all deficiency.
HOLDING .
OVER lapse o - • •therwise,then the Lessor may at Lessor's option within thirty days after the ter . . the term
serve written notice u•• :•that such holding over constitutes either(a)renewal of •• - - or one year,and from
year to year thereafter,at double - . s•ecified under Section 1 f. •-riod,or (b) creation of a month to
month tenancy,upon the terms of this lease exc-• - •• . - - •nthly rental specified under Section 1,or(c)crea-
tion of a tenancy at sufferance,at a rental of .rs per day for the time Lessee remains in posses-
,
. sion. If no such written notice is -• en a tenancy at sufferance with re . -ted at(c)shall have been created,
and in such case if s..• ' • •-r diem rental shall not have been inserted herein at(c),su •. •m rental shall be one-
fifteent • - monthly rental specified under Section 1 of this lease. Lessee shall also pay to Less. . •.. a•es sus-
. .. -f-E...,..,n.,....lt:..g fw n.e&..t:eir,,f-pes.,eesie..by Lcasec.
RESTRICTIONS 10. Lessee will not permit anything to be thrown out of the windows,or down the courts or light shafts in the
ON USE Building;nothing shall be hung from the outside of the windows or placed on the outside window sills of any window
in the Building;no parrot,dog or other animal shall be kept within or about the Premises;the front halls and stairways
and the back porches shall not be used for the storage of carriages,furniture or other articles.
tWATER AND 11. The provisions of subsection (a) only hereof shall be applicable and shall form a part of this lease unless this
1. HEAT lease is made on an unheated basis and that fact is so indicated on the first page of this lease,in which case the provi-
J of subsection(b)only hereof shall be applicable and form a part of this lease.
(a) Lessor will supply hot and cold water to the Premises for the use of Lessee at all faucets and fixtures provi-
ded by Lessor therefor.Lessor will also supply heat,by means of the heating system and fixtures provided by Lessor,in
reasonable amounts and at reasonable hours,when necessary,from October 1 to April 30,or otherwise as required by
' applicable municipal ordinance. Lessor shall not be liable or responsible to Lessee for failure to furnish water or heat
when such failure shall result from causes beyond Lessor's control, nor during periods when the water and heating
/ .
systems in the Building or any portion thereof are under repair.
(b) Lessor will supply cold water to the Premises for the use of Lessee at all faucets and fixtures provided by
Lessor therefor. Lessor shall not be liable or responsible to Lessee for failure to furnish water when such failure shall re-
sult from causes beyond Lessor's control,nor during periods when the water system in the Building or any portion there-
? of is under repair. All water heating and all heating of the Premises shall be at the sole expense of Lessee.Any equip-
ment provided by Lessee therefor shall comply with applicable municipal ordinances.
STORE ROOM 12. Lessor shall not be liable for any loss or damage of or to any property placed in any store room or any stor-
age place in the Building,such store room or storage place being furnished gratuitously and not as part of the obliga-
5- lions of this lease.
DEFAULT 13. If default be made in the payment of the above rent,or any part thereof,or in any of the covenants herein
BY contained to be kept by the Lessee,Lessor may at any time thereafter at his election declare said term ended and reenter
LESSEE the Premises or any part thereof,with or(to the extent permitted by law)without notice or process of law,and remove
Lessee or any persons occupying the same,without prejudice to any remedies which might otherwise be used for arrears
of rent,and Lessor shall have at all times the right to distrain for rent due,and shall have a valid and first lien upon all
personal property which Lessee now owns,or may hereafter acquire or have an interest in,which is by law subject to
such distraint,as security for payment of the rent herein reserved.
NO RENT 14. Lessee's covenant to pay rent is and shall be independent of each and every other covenant of this lease.
DEDUCTION Lessee agrees that any claim by Lessee against Lessor shall not be deducted from rent nor set off against any claim for
OR SET OFF rent in any action.
RENT AFTER 15. It is further agreed, by the parties hereto,that after the service of notice or the commencement of a suit or
NOTICE OR SUIT after final judgment for possession of the Premises,Lessor may receive and collect any rent due,and the payment of said
rent shall not waive or affect said notice,said suit,or said judgment.
PAYMENT OF 16. Lessee will pay and discharge all reasonable costs,attorney's fees and expenses that shall be made and incur-
COSTS red by Lessor in enforcing the covenants and agreements of this lease.
RIGHTS 17. The rights and remedies of Lessor under this lease are cumulative.The exercise or use of any one or more
CUMULATIVE thereof shall not bar Lessor from exercise or use of any other right or remedy provided herein or otherwise provided by
law,nor shall exercise nor use of any right or remedy by Lessor waive any other right or remedy.
FIRE AND 18. In case the Premises shall be rendered untenantable during the term of this lease by fire or other casualty,
CASUALTY Lessor at his option may terminate the lease or repair the Premises within 60 days thereafter. If Lessor elects to repair,
this lease shall remain in effect provided such repairs are completed within said time. If Lessor shall not have repaired
the Premises within said time,then at the end of such time the term hereby created shall terminate. If this lease is ter-
- minated by reason of fire or casualty as herein specified, rent shall be apportioned and paid to the day of such fire or
other casualty.
SUBORDINATION 19. This lease is subordinate to all mortgages which may now or hereafter affect the real property of which Pre-
mises form a part.
PLURALS; 20. The words "Lessor"and "Lessee"wherever herein occurring and used shall be construed to mean"Lessors"
SUCCESSORS and "Lessees" in case more than one person constitutes either party to this lease;and all the covenants and agreements
herein contained shall be binding upon,and inure to,their respective successors, heirs,executors, administrators and
assigns and be exercised by his or their attorney or agent.
SEVERABILITY 21. Wherever possible each provision of this lease shall be interpreted in such manner as to be effective and valid
under applicable law, but if any provision of this lease shall be prohibited by or invalid under applicable law,such pro-
vision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such
provision or the remaining provisions of this lease.
WITNESS the hands and seals of the parties hereto,as of the Date of Lease stated above.
LESSEE: CITY OF ELGIN , LESSOR: NEIGHBORHOOD HOUSING SERVICES OF
„�:, 1 LGIN ,
\
(seal) i (seal)
BY: 1 !........,..,12 I S- tCla . .....4 (seal) BY: •IWIP -, P (6 PAP (seal)
Richard B. Helwig, City Manager
ASSIGNMENT BY LESSOR 41•
On this ,19--.for value received,Lessor hereby transfers.assigns and sets over to
all right,title and interest in and to the above lease and the rent thereby reserved,
except rent due acid payable prior to , 19 .
. (seal)
GUARANTEE (seal)
On this 19 in consideration of Ten Dollars($10.00)and other good and valuable considera-
tion,the receipt and sufficiency of which is hereby acknowledged.the undersigned Guarantor hereby guarantees the payment of rent and performance
by Lessee.Lessee's heirs,executors,administrators.successors or assigns of all covenants and agrements of the above lease.
(seal)
(seal)
1
Iv v. L-I
GEORGE E.COLE* APRIL 1980 IF UNHEATED.CHECK HERE:
LEGAL FORMS CAUTION:Consult a lawyer before using or acting under this tom. (SEE PARAGRAPH 11)
All warranties,including merchantability and fitness,ere excluded.
APARTMENT LEASE
UNFURNISHED
DATE OF LEASE TERM OF LEASE MONTHLY RENT SECURITY DEPOSIT•
{ BEGINNING` ENDING
02/01/96 , Month-to-Month $800.00 N/A
IF NONE, WRITE"NONE".Paragraph 2 of this Lease then INAPPLICABLE.
LESSEE City LESSOR
NAME • City of Elgin, an Illinois NAME
• Neighborhood Housing Services of
APT NO municipal corporation eUSINESS • Elgin, Inc.
311 Summit ADDRESS 205 North Gifford Street
ADDRESS OF • Elgin, Illinois 60120
PREMISES Elgin, IL 60120
In consideration of the mutual covenants and agreements herein stated, Lessor hereby leases to Lessee and
Lessee hereby leases from Lessor for a private dwelling the apartment designated above (the "Premises"), together
with the appurtenances thereto,for the above Term.
ADDITIONAL COVENANTS AND AGREEMENTS(if any)
HOLDING OVER: If the Lesee retains possession of the premises or any part thereof after
the termination of the term of this lease by lapse of time or otherwise, then, at Lessor's
option, such holding over shall constitute a renewal of this lease for one month, and from
month to month thereafter for the same rental specified under Section 1 for such period.
Lessor may terminate any such tenancy so created by 30 days notice in writing pursuant to
735 ILCS 5/9-207. Nothing herein shall waive Lessor's right to recover double the rent or
; stun which would otherwise be due for Lessee's willfully holding over or holding over after
; notice as provided in 735 ILCS 5/9-202 and 735 ILCS 5/9-203.
LEASE COVENANTS AND AGREEMENTS
RENT 1. Lessee shall pay Lessor or Lessor's agent as rent for the Premises the sum stated above,monthly in advance,
until termination of this lease,at Lessor's address stated above or such other address as Lessor may designate in writing.
SECURITY 2. Lessee has deposited with Lessor the Security Deposit stated above for the performance of all covenants and
DEPOSIT agreements of Lessee hereunder.Lessor may apply all or any portion thereof in payment of any amounts due Lessor from
Lessee, and upon Lessor's demand Lessee shall in such case during the term of the lease promptly deposit with Lessor
I such additional amounts as may then be required to bring the Security Deposit up to the full amount stated above.Upon
termination of the lease and full performance of all matters and payment of all amounts due by Lessee,so much of the
Security Deposit as remains unapplied shall be returned to Lessee.This deposit does not bear interest unless and except
as required by law.Where all or a portion of the Security Deposit is applied by Lessor as compensation for property dam-
age, Lessor when and as required by law shall provide to Lessee an itemized statement of such damage and of the esti-
mated or actual cost of repairing same. If the building in which Premises are located(the"Building") is sold or other-
wise transferred, Lessor may transfer or assign the Security Deposit to the purchaser or transferee of the Building,who
shall thereupon be liable to Lessee for all of Lessor's obligations hereunder, and Lessee shall look thereafter solely to
such purchaser or transferee for return of the Security Deposit and for other matters(including any interest or account-
ing)relating thereto.
CONDITION 3. Lessee has examined and knows the condition of Premises and has received the same in good order and repair
OF except as herein otherwise specified, and no representations as to the condition or repair thereof have been made by
PREMISES; Lessor or his agent prior to,or at the execution of this lease,that are not herein expressed or endorsed hereon;and upon
REDELIVERY f the termination of this lease in any way,Lessee will immediately yield up Premises to Lessor in as good condition as when
TO LESSOR I the same were entered upon by Lessee,ordinary wear and tear only excepted,and shall then return all keys to Lessor.
4. Except as provided by Illinois statute, Lessor shall not be liable for any damage occasioned by failure to keep
LIMITATION Premises in repair, and shall not be liable for any damage done or occasioned by or from plumbing,gas,water,steam or
OF other pipes,or sewerage,or the bursting,leaking or running of any cistern,tank,wash-stand,water-closet,or waste-pipe,
LIABILITY in, above,upon or about the Building or Premises,nor for damage occasioned by water,snow or ice being upon or com-
ing through the roof, skylight, trap-door or otherwise,nor for damages to Lessee or others claiming through Lessee for
any loss or damage of or to property wherever located in or about the Building or Premises,nor for any damage arising
from acts or neglect of co-tenants or other occupants of the Building,or of any owners or occupants of adjacent or con-
tiguous property.
USE; 5. Lessee will not allow Premises to be used for any purpose that will increase the rate of insurance thereon,nor
SUBLET; for any purpose other than that hereinbefore specified, nor to be occupied in whole or in part by'any other persons,
ASSIGNMENT and will not sublet the same,nor any part thereof,nor assign this lease,without in each case the written consent of the
Lessor first had, and will not permit any transfer, by operation of law, of the interest in Premises acquired through
this lease,and will not permit Premises to be used for any unlawful purpose or purpose that will injure the reputation of
the same or of the Building or disturb the tenants of the Building or the neighborhood.
USE AND 6. Lessee will take good care of the apartment demised and the fixtures therein,and will commit and suffer no
REPAIR waste therein;no changes or alterations of the Premises shall be made, nor partitions erected, nor walls papered, nor
locks on doors installed or changed,without the consent in writing of Lessor;Lessee will make all repairs required to the
walls,ceilings,paint,plastering,plumbing work,pipes and fixtures belonging to Premises,whenever damage or injury to
the same shall have resulted from misuse or neglect;no furniture filled or to be filled wholly or partially with liquids
shall be placed in the Premises without the consent in writing of Lessor;the Premises shall not be used as a"boarding"
or "lodging" house, nor for a school, nor to give instructions in music,dancing or singing,and none of the rooms shall
be offered for lease by placing notices on any door,window or wall of the Building,nor by advertising the same direct-
ly or indirectly, in any newspaper or otherwise, nor shall any signs be exhibited on or at any windows or exterior por-
tions of the Premises or of the Building without the consent in writing of Lessor;there shall be no lounging, sitting
upon, or unnecessary tarrying in or upon the front steps, the sidewalk, railing,stairways,halls,landing or other public
places of the Building by Lessee,members of the family or others persons connected with the occupancy of Premises;no
provisions, milk, ice, marketing,groceries,furniture, packages or merchandise shall be taken into the Premises through
the front door of the Building except where there is no rear or service entrance;cooking shall be done only in the kit-
chen and in no event on porches or other exterior appurtenances; Lessee,and those occupying under Lessee,shall not
interfere with the heating apparatus,or with the lights,electricity,gas,water or other utilities of the Building which are
not within the apartment hereby demised,nor with the control of any of the public portions of the Building;use of any
master television antenna hookup shall be strictly in accordance with regulations of Lessor or Lessor's agent;Lessee and
those occupying under Lessee shall comply with and conform to all reasonable rules and regulations that Lessor or
Lessor's agent may make for the protection of the Building or the general welfare and the comfort of the occupants
thereof,and shall also comply with and conform to all applicable laws and governmental rules and regulations affecting
the Premises and the use and occupancy thereof.
1
ACCESS 7. Lessee will allow Lessor free access to the Premises at all reasonable hours for the purpose of examining or ex-
hibiting the same or to make any needful repairs which Lessor may deem fit to make for the benefit of or related to any
part of the Building;also Lessee will allow Lessor to have placed upon the Premises,at all times,notice of"For Sale"
and"To Rent,"and will not interfere with the same.
RIGHT TO 8. If Lessee shall abandon or vacate the Premises,the same may be re-let by Lessor for such rent and upon such
RELET terms as Lessor may see fit;and if a sufficient sum shall not thus be realized,after paying the expenses of such reletting
and collecting,to satisfy the rent hereby reserved,Lessee agrees to satisfy and pay all deficiency.
HOLDING . - -. _
OVER lapse o - • otherwise, then the Lessor may at Lessor's option within thirty days after the ter . the term
serve written notice u•• :•that such holding over constitutes either(a)renewal of • . • or one year,and from
year to year thereafter,at doub e • -• • s•-cified under Section 1 f. . •-riod, or (b) creation of a month to
month tenancy,upon the terms of this lease ex •• . •. b • - onthly rental specified under Section 1,or(c)crea-
tion of a tenancy at sufferance,at a rental of • .rs per day for the time Lessee remains in posses-
.
sion. If no such written notice is -• en a tenancy at sufferance with re . ated at(c)shall have been created,
- -
and in such case if s.• •-•diem rental shall not have been inserted herein at(c),su ••-m rental shall be one-
fifteent • • monthly rental specified under Section 1 of this lease. Lessee shall also pay to Less* . a•es sus-
RESTRICTIONS 10. Lessee will not permit anything to be thrown out of the windows,or down the courts or light shafts in the
ON USE Building;nothing shall be hung from the outside of the windows or placed on the outside window sills of any window
in the Building;no parrot,dog or other animal shall be kept within or about the Premises;the front halls and stairways
and the back porches shall not be used for the storage of carriages,furniture or other articles.
q WATER AND 11• The provisions of subsection (a) only hereof shall be applicable and shall form a part of this lease unless this
HEAT lease is made on an unheated basis and that fact is so indicated on the first page of this lease,in which case the provi-
sions of subsection(b)only hereof shall be applicable and form a part of this lease.
(a) Lessor will supply hot and cold water to the Premises for the use of Lessee at all faucets and fixtures provi-
ded by Lessor therefor.Lessor will also supply heat,by means of the heating system and fixtures provided by Lessor,in
- reasonable amounts and at reasonable hours,when necessary,from October 1 to April 30,or otherwise as required by
• applicable municipal ordinance. Lessor shall not be liable or responsible to Lessee for failure to furnish water or heat
when such failure shall result,from causes beyond Lessor's control, nor during periods when the water and heating
systems in the Building or any portion thereof are under repair.
(b) Lessor will supply cold water to the Premises for the use of Lessee at all faucets and fixtures provided by
Lessor therefor. Lessor shall not be liable or responsible to Lessee for failure to furnish water when such failure shall re-
sult from causes beyond Lessor's control,nor during periods when the water system in the Building or any portion there-
of is under repair. All water heating and all heating of the Premises shall be at the sole expense of Lessee.Any equip-
ment provided by Lessee therefor shall comply with applicable municipal ordinances.
STORE ROOM 12. Lessor shall not be liable for any loss or damage of or to any property placed in any store room or any stor-
age place in the Building,such store room or storage place being furnished gratuitously and not as part of the obliga-
tions of this lease.
DEFAULT 13. If default be made in the payment of the above rent,or any part thereof,or in any of the covenants herein
BY contained to be kept by the Lessee,Lessor may at any time thereafter at his election declare said term ended and reenter
LESSEE the Premises or any part thereof,with or(to the extent permitted by law)without notice or process of law,and remove
Lessee or any persons occupying the same,without prejudice to any remedies which might otherwise be used for arrears
of rent,and Lessor shall have at all times the right to distrain for rent due,and shall have a valid and first lien upon all
personal property which Lessee now owns,or may hereafter acquire or have an interest in,which is by law subject to
such distraint,as security for payment of the rent herein reserved.
NO RENT 14. Lessee's covenant to pay rent is and shall be independent of each and every other covenant of this lease.
DEDUCTION Lessee agrees that any claim by Lessee against Lessor shall not be deducted from rent nor set off against any claim for
OR SET OFF rent in any action.
RENT AFTER 15. It is further agreed, by the parties hereto,that after the service of notice or the commencement of a suit or
NOTICE OR SUIT after final judgment for possession of the Premises,Lessor may receive and collect any rent due,and the payment of said
rent shall not waive or affect said notice,said suit,or said judgment.
PAYMENT OF 16. Lessee will pay and discharge all reasonable costs,attorney's fees and expenses that shall be made and incur-
COSTS red by Lessor in enforcing the covenants and agreements of this lease.
RIGHTS 17. The rights and remedies of Lessor under this lease are cumulative.The exercise or use of any one or more
CUMULATIVE thereof shall not bar Lessor from exercise or use of any other right or remedy provided herein or otherwise provided by
law,nor shall exercise nor use of any right or remedy by Lessor waive any other right or remedy.
FIRE AND 18. In case the Premises shall be rendered untenantable during the term of this lease by fire or other casualty,
CASUALTY Lessor at his option may terminate the lease or repair the Premises within 60 days thereafter. If Lessor elects to repair,
this lease shall remain in effect provided such repairs are completed within said time. If Lessor shall not have repaired
the Premises within said time,then at the end of such time the term hereby created shall terminate. If this lease is ter-
minated by reason of fire or casualty as herein specified,rent shall be apportioned and paid to the day of such fire or
other casualty.
SUBORDINATION 19. This lease is subordinate to all mortgages which may now or hereafter affect the real property of which Pre-
mises form a part.
PLURALS; 20. The words "Lessor"and "Lessee"wherever herein occurring and used shall be construed to mean"Lessors"
SUCCESSORS and "Lessees" in case more than one person constitutes either party to this lease;and all the covenants and agreements
herein contained shall be binding upon,and inure to,their respective successors, heirs,executors, administrators and
assigns and be exercised by his or their attorney or agent.
SEVERABILITY 21. Wherever possible each provision of this lease shall be interpreted in such manner as to be effective and valid
under applicable law, but if any provision of this lease shall be prohibited by or invalid under applicable law,such pro-
vision shall be ineffective to the extent of such prohibition or invalidity,without invalidating the remainder of such
provision or the remaining provisions of this lease.
WITNESS the hands and seals of the parties hereto,as of the Date of Lease stated above.
LESSEE: CITY OF ELGIN , LESSOR: NEIGHBORHOOD HOUSING SERVICES OF
r„ , I LGIN ,
(seal) 'i A (seal)
BY: y\ - (seal) BY: •Iririlir ., NF i{„S f iv (seal)
Richard B. Heiwig, City Manger M
A ENT BY LESSOR A
On this - ,19—_.for value received,Lessor hereby transfers,assigns and sets over to
all right,title and interest in and to the above lease and the rent thereby reserved,
except rent due and payable prior to , 19
(seal)
GUARANTEE (seal)
On this ,19 ,in consideration of Ten Dollars($10.00)and other good and valuable considera-
tion the receipt and sufficiency of which is hereby acknowledged,the undersigned Guarantor hereby guarantees the payment of rent and performance
by Lessee.Lessee's heirs,executors.administrators.successors or assigns of all covenants and agrements of the above lease.
. (seal)
(seal)
1
i
r I
,,,,,
re!E •
in
if Agenda Item No.
December 1, 1995 -
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Lease for ROPE Site at 311 Summit Street
PURPOSE
The purpose of this memorandum is to present to Mayor and
members of the City Council a lease with Neighborhood Housing
services of Elgin for 311 Summit Street to be used for a
Resident Officer location.
BACKGROUND
In January, 1995, the City instituted a Resident Officer
location in the 800 block of North Spring Street. The officer
is no longer in the ROPE program, and his former residence has
been privately leased.
The lease at 311 Summit Street will be with Neighborhood
Housing Services of Elgin which has a new target area of the
near northeast neighborhood. The NHS presence is enhanced
with the opening of the new office in late November at 300/302
N. Spring Street.
A new officer has been selected for this ROPE area. Several
housing alternatives were explored. The most promising hous-
ing alternative currently on the market is 311 Summit
Street. Occupancy is expected in January. , The ROPE officer,
Richard Ciganek, and his family have found the house to be
suitable. Given City Council authorization, Neighborhood
Housing Services is willing to acquire the house. NHS is
proposing a month lease payment of $800 plus utilities. The
standard lease is similar to that used with NHS at 161 Frank-
lin.
The lease payment is sufficient for NHS to make principal,
interest, and . taxes on the property. NHS is intending on
applying for tax exemption for the ROPE site as has success-
fully been done at 161 Franklin. Upon exemption, the next
year's lease payment for the City would be reduced. Acquisi-
tion cost for NHS is anticipated to be $82,000 and no more
than $8,000. in rehabilitation.
•
• ; e
311 Summit Street Lease
December 1, 1995
Page 2
FINANCIAL IMPACT
Rent payments would be done by the Police Department budget
(010-2304-731-43 . 03) where sufficient funds exist.
LEGAL IMPACT
None.
RECOMMENDATION
It is recommended the City Council authorize execution of a
lease agreement with NHS for a ROPE site at 311 Summit Street.
Respectfully submitted,
Charles A. Gruber
Chief of Police
Clay J. Pearson, Director
Code Administration and
Neighborhood Affairs
•
Richard B. Helwig
City Manager
CJP/sl
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