HomeMy WebLinkAbout97-200 Resolution No. 97-200
RESOLUTION
AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH THE
ILLINOIS DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
( 151 Douglas Avenue)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Robert O. Malm, Interim City Manager, and
Dolonna Mecum, City Clerk, be and are hereby respectively
authorized and directed to execute a written lease agreement
with the Illinois Department of Central Management Services,
for the premises commonly known as 151 Douglas Avenue, Elgin,
Illinois, a copy of which is attached hereto and made a part
hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: July 23, 1997
Adopted: July 23, 1997
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
State of Illinois • Jim Edgar, Governor
MAI w= =w
min�G= DEPARTMENT OF
I W = CENTRAL MANAGEMENT SERVICES
Michael S.Schwartz,Director
October 10, 1997
Mr. James J. Burns
Deputy Chief for Administration
Elgin Police Department
151 Douglas Avenue
Elgin, Illinois 60120-5503
Re: Lease 5536 / Department of Corrections
151 Douglas Avenue, Elgin
Dear Mr. Burns:
Enclosed please find one (1) fully executed copy of the above-
referenced lease between the City of Elgin, Lessor, and the
State of Illinois, Lessee, by the Department of Central
Management Services for the use of the IL Department of
Corrections.
Lessor is advised by this letter that payment of rent is the
responsibility of the using Agency. If rent payment is not
received on time, the Lessor should contact the Agency. This
executed copy is for your file.
Please be advised that the Department of Central Management
Services must be notified in writing of any change in
ownership and/or beneficial interest of a trust, if
applicable, within 30 days of such change.
Very tru - our-;
Robert A. Moser
Manager - Northern Region
Real Estate Division
cc: Pat Bergmann
Secretary of State
Agency-2
enclosure
RAM/cg
100 West Randolph, Suite 4-500, Chicago, Illinois 60601
Printed on Recycled Paper
AR@ OMIINNIIM /MIMI ma
State of Illinois • Jim Edgar, Governor
Mgr"MIMI._ DEPARTMENT OF
--ow m= CENTRAL MANAGEMENT SERVICES
Michael S.Schwartz,Director
May 21, 1997 •
Mr. James J. Burns
Deputy Chief for Administration
Elgin Police Department
151 Douglas Avenue
Elgin, IL 60120-5503
Re: Lease No. 5536 / Department of Corrections
151 Douglas Avenue, Elgin
Dear Mr. Burns:
In response to your May 8, 1997 letter and our subsequent telephone conversation, •
enclosed are six (6) revised copies of the above referenced lease. Please have these .
documents signed and return all of them to my office for further processing. We will mail"
the finance director a fully executed copy for your use.
Please note that we changed the dates for the term in paragraph [10]. If the lease is
executed, furniture is installed and the using agency takes occupancy prior to September
1, 1997, we can change the term by letter agreement according to language contained in
paragraph [10]. Also, we could not provide you with an early termination option, but we
struck the early termination for the State's use in paragraph [12]. Finally, the cost of the
furniture should have been $8,243.91 rather than $8,900.00. We made the change in
the appropriate places in the lease.
I believe we have made all of the revisions put forth in the attachment to your May 8
letter, but if there are any other points of discussion, please contact me at
312-814-4199.
Very truly .. s/
9
Robert A. Moser
Manager, Northern Region
Real Estate Division
enclosures
cc: Pat Bergmann
Russ Garrison
100 West Randolph, Suite 4-400, Chicago, Illinois 60601
Printed on Recycled Paper
STATE OF ILLINOIS
• aw"gilik DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
ammor
—� REAL ESTATE LEASE
Page__,__of 6
LEASE CONTROL NO. . 5536
(11 AGREEMENT: The parties mutually agree to lease the described premises on the following terms and conditions:
121 LESSEE: The State of Illinois,Department of Central Management Services for the use of the Using Agency or any other State
entity.
131 USING AGtNCY(Main Office):
Department of Corrections Facility Liaison: Russ Garrison
1301 Concordia Court Telephone No.: (217) 522-2666 Ext. 4100
Box 19277 Fax No.: (217) 522-0355
Springfield, Illinois 62702
[41 LESSOR:
City of Elgin Telephone No.: (847) •289-2700
c/o Chief Charles Gruber . Emergency No.: (847 '289-2760
151 Douglas Avenue • Fax No.: (847) 289-2750
Elgin, Illinois 60120
•
[51 LESSOR'S AGENT(If Applicable):
Finance Director Title: Finance Director
7R9-7711f1 Telephone No.: (8117) 7Rq-7711
City of Elgin
150 Dexter Ct. Emergency No.: (847) z89-77110
Elgin, Illinois 60120 Fax No.: (8117) 7R9-776n
•
•
[6) THE LEASED PREMISES LOCATED AT:
•
151 Douglas Avenue
in the City of Elgin ,County of Kane ,State of Illinois
•
[7) LOCATION IN BUILDING: 2nd Fl.
•
[81 SQUARE FEET: Lessor certifies that the leased premises are measured according to standards set forth by the
Department of Central Management Services'rules and contain 252 square feet.
19) PERCENTAGE(%)OF NET BUILDING RENTABLE AREA: .29%
[101 TERM: The term of the Lease will be for 60 months from _ 9/01/97
to 8/31/02
jpook Should Lessee not take occupancy on the beginning day of the term, then the beginning and ending dates of this term shall '
adjusted to reflect Lessee's actual date of occupancy. In the event the term of this Lease shall be modified by mutual agreement
the parties, the adjusted term may be memlfrialized in a separate short form letter agreement binding upon the parties if signed
duly authorized representative of each party and subsequently attached hereto.
CMS-715 IL 401-1034 (Rev.2/95)
ate Lease No. 559K PAGE 2 OF 6
•
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;eratedCuj actli Q smut tetra aad)eoKdMo]is[frdfridtd}I<.e]Ssee gives x x x x x x cos X o lcE tit Dtsibr)oftit9C idte is to
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RAW&XEIRIKINATIONt ke9t hXs Siexip1Soli tdctel6nliiale tiiisXLIK3sK by gliiiKg Z20Cd:YysxwifttISn iSotlreefo hdCLicss6r eXf r'�s
iattextio n]a=ache tbiscoptiw.
Paragraph [49]
IMPROVEMENTS: The parties agree that theAgs npy Er.. • • e41}{egmirgmgntjt,Tenant Improvement Work, Scope ev g
>NIA fipcig{c.4ioAsx(stike anyxnot app icabla) contained in tbelitticbcdxExbi]titi shall be the full scope and definition of Work
required to be made by the Lessor at its sale cost and ex• der the terms of this Lease. Work is to be completed by
ate? 9/1/97 . All costs are to • doc •• • • and will be verified by the Department of Central
Management Services. Time is of the essence. Lessee shal have the n iew and approve all design construction, and
related costs expended by the Lessor in relation to the comp! tion of Work •e•.! • • . :. . --, The Construction Documents
(design, drawings, and specifications) necessary for the L ssor to obtain all ap• • •ble building permits and occupancy •
certifications as determined by the local building permits iss ",g authority, prepared by the or pursuant to the Architecture
Practice Act of 1989 [225 ILCS 305] for the Work defined b Exhibit-I, shall become a portion o - -.• • by reference upon
approval of designs and sealed Construction Documents by all parties.
RENTAL: Payments to be made monthly in arrears subject to legislative appropriation. Send payment to: **
Rental for periods less than one full month shall be prorated on a daily basis. **
One time lamp sum payment in
the amount of 8,243.91 to be
BASE RENT: made payable to the City of
* Elgin. Send to:
[1Sa] Total Base Rental for Term of Lease S •
,] Base Rent/Square Foot 5 0 . Finance Director
_ 150 Dexter Court
IMPROVEMENTS: •- : •-Elgin, Illinois 60120
[16] Total $ 0
[17] 0 months amortized [18] $ 0 per sq.ft.
•
TOTALS:
•
[19] TOTAL PER SQ.FT.COST PER YEAR S 0 •
[20] ANNUAL RENTAL PAYABLE TO LESSOR S 0
121] Monthly Payment S 0 •
(Type amount in words on line 22) •
[22] Zero Dollars •
For State of Illinois Use Only: * See Paragraph [49] on page 6
O Annual Sq.FtJBase Rent of this lease.
O Gas
O Electric
0 Water
O Janitor••
•
0 Other Costs
0 Construction Cost
O . Full Service Cost
, Real Estate]tease No, 5536 PAGE, 3 OF 6
CARE AND MAINTENANCE: Lessee accepts the demised premises as presently constituted except for non-compliance by Lessor
vga all applicable building,fire,and life safety codes and latent defects,and further subject to the completion of improvements required
made by Lessor,if any,in strict conformity with the provisions of Article 13 herein.
•
Lessor shall provide and pay all costs related to the following: • •
A. Power as required to supply heating,cooling and ventilation to maintain leased premises at or below 78 degrees Fahrenheit during cooling season
and at or above 68 degrees Fahrenheit during heating season.
•
B. Power as required by Lessee for all necessary fixtures and equipment
C. Necessary fixtures for heating,cooling,water, electricity,and all maintenance and repairs.
•
D. Installation and maintenance of an adequate ventilating system to maintain air exchange levels in conformance with all applicable codes.
•
E. Fluorescent lamps,ballasts and all necessary repair or replacement expenses related to such lighting.
F. Hot and cold potable water and sewer as required by Lessee.
G. Cleaning service and scavenger service to keep premises clean,healthful and sightly as per attached Janitorial Schedule.
H. Comprehensive exterminating service. •
I. Elevator service where applicable.
J. Service and maintenance of fire extinguishers.
•
K. Snow and ice removal from sidewalks and parking area.
€ Maintenance of lawn and shrubs.
M. G1e ri%a h d)p a 1 5t i l i g kfteX X X X X X nncoriihs C
N. Parking for 3 vehicles. General maintenance of parking lot. •
Address of Parking Lot: Nnrthwest corner of North and Rrnnk •
O. Provide for surface mounted raceways or wall cavity conduit which allows Lessee to install computer and telecommunications wiring.
P. All general maintenance and repairs not caused by Lessee's negligence.
Q. C a t o r(Strite3f motxpplicxblet),x x x x x x x x x x x x x x x x x x x x x
• n
•
HOLDOVER: If, after the expiration of the Lease,the Lessee retains possession of the premises,the Lease shall continue in full force
and effect on the same terms and conditions except the Lease shall be on a month-to-month basis until terminated. Rent shall be paid
monthly in arrears on a prorated basis at the rate paid during the last expired Lease term.
ACCESSIBILITY: Lessor acknowledges that compliance with the Environmental Barriers Act and the Illinois Accessibility Code is a
continuing obligation of Lessor requiring any and all elements and space altered improved, or newly constructed to conform to the
applicable technical standard described in the Code and referenced in Exhibit A;Lessor further acknowledges sole responsibility for the
obligations of an owner under the Americans with Disabilities Act of 1990 and all relevant regulations promulgated thereunder.
] ENVIRONMENTAL ASSESSMENT: Lessor acknowledges that compliance with the National Emission Standard for Hazardous Air
Pollutants promulgated by the United States Environmental Protection Agency pursuant to Section 112 of the Clean Air Act is a
continuing obligation of the Lessor requiring any demolition or renovation activity completed on behalf of the State of Illinois to
ly with the standards set forth in 40 CFR 61.145.
1 PREVAILING WAGE: All tenant improvement work completed on behalf or for the use of the Lessee shall be performed at not less
than the prevailing hourly wage rate as determined by the Illinois Department of Labor.
teal Estite 7.ease No. 5536 PAGE 4 OF 6
281 RENTAL: Lessor may only look to the Using Agency for payment of rent or other charges. The Department of Central Management
ervices is not responsible for payment unless it is the Using Agency.
29ISCAL FUNDING: This lease shall be subject to termination and cancellation without penalty in any year for which the
J p ty y y h General Assembly fails to
make an appropriation to pay the rent or other obligations of Using Agency hereunder. Lessor acknowledges that all obligations of the Using Agency
shall also immediately terminate in the event any Federal Funding source, upon which the Using Agency is dependent to pay rent or other charges
under the terms of this Lease,fails to appropriate or otherwise make available the funds required.
30] QUIET ENJOYMENT: Lessor covenants that the Lessee shall peaceably and quietly have, hold, and enjoy the premises for the term herein
mentioned,without interruption by Lessor.
•
31] OCCUPANCY AND SURRENDER: Using Agency will be entitled to occupancy on the date of commencement of the term. If for any reason
occupancy is delayed, neither Lessee nor Using Agency will be liable for rent until it has taken occupancy, and rental will be prorated from date of
occupancy. If occupancy is not given within Sixty(60)days of the commencement of thelease term for reasons other than the delay by causes
beyond the reasonable control of the Lessor,then Lessee,at its own option may terminate this Lease.
Cause for delay beyond the reasonable control of the Lessor shall be the result of strikes, lockouts, or causes that could not have been reasonably
foreseen by Lessor. It is understood and agreed by parties hereto that the inability of Lessor to acquire mortgage or other financing shall not constitute
unforeseeable cause for delay. .
Lessee will return the premises in the same condition as existed on the first day of the term,reasonable wear and tear,repairs and replacements;loss by
fire,casualty and other causes beyond Lessee's control,improvements permitted or required excepted. All state property is subject to provisions of the
Property Control Act and may not be retained by the Lessor for any reason.
,,aa..nnd furniture
Lessee may remove all state-owned copolialle equipment,lgxore., 4odAmp2oxerOton. Lessee will repair damage beyond reasonable wear and tear
caused by such removals.
132] ASSIGNMENT: The Department of Central Management Services may substitute Using Agencies at any time. Such substitute Agency shall be for all
or part of the leased premises. The substitute Agency will be responsible for all future obligations unless otherwise specified by the Department of
Central Management Services.
13 CONDEMNATION: If,during the term of this Lease or any renewal, the whole or part of the premises is condemned so as to make the premises
unusable or a considerable loss of utility results,the Lessee may terminate the Lease by giving at least thirty(30)days written notice. Lessee will be
entitled to a portion of any award to the extent of any unamortized improvement costs paid for directly or indirectly by Lessee.
1343 UNTENANTABILITY: If the premises becomes untenantable because of casualty or Lessor's act or neglect,Lessee may declare the Lease terminated
and may vacate if the problem is not cured by the Lessor within a reasonable time. Lessee may choose to remain in possession after terminating the
Lease,paying at the monthly rate,until suitable substitute premises are available.
[35] INSURANCE: Lessor is solely responsible for maintaining fire and other casualty insurance on the premises in an amount sufficient to repair damage
caused by fire or other casualty. Lessee understands that such insurance will not cover Lessee's equipment or office furnishings. Lessee is self
insuring. A copy of the Lessee's self-insurance policy will be provided on request.
[363 BREACH: Failure of the Lessor to comply with this Lease, including but not limited to the failure to complete improvements in accordance with
specifications or failure to make or complete in a reasonable time necessary repairs is a breach of this Lease. Lessee shall have the option of curing the
breach by having the work done and deducting actual costs plus a reasonable administrative fee from rental payments or terminating the Lease. If the
Lease is terminated,Lessee may remain in possession,making payments at the currently monthly rate until suitable substitute premises are available.
Rental periods less than one full month shall be prorated on a daily basis.
[373 COVENANTS BINDING: All covenants and representations made in this Lease are dependent,and will be binding upon, apply to, and be for the
benefit of any successor in interest to the parties. No provision of this Lease may be modified or additional requirements established without the
express written approval of the Department of Central Management Services.
1381 EXAMINATION OF RECORDS: Lessor agrees to allow Lessee to examine all records pertaining to this Lease,to verify compliance with this Lease
and costs associated with this Lease. .
•
' ' Real Estate Lease No. 5536 PAGE 5 OF F
39] NOTICES: Notices to the Lessor must be mailed to the address shown on page one of this Lease. Notices to Lessee must be mailed to the Department
f Central Management Services at 721 Stratton Office Building, Springfield, Illinois 62706 and to the Using Agency at the address shown on page
ra
e of this Lease. All notices will be effective upon posting in the U.S.Mail.
40] OWNERSHIP: Lessor covenants and warrants that record title to the demised premises is held by the Lessor or that Lessor has lawful authority and
the requisite site control to enter into this lease agreement by virtue of other contractual agreements with the record title owner or subsequent
transferees,assigns or successors in interest(i.e.,Lessee,Sublessee,Contract Purchaser,Optionee,etc.) Failure by the Lessor to fully and accurately
complete the provisions of Exhibit D,the Disclosure Statement, attached hereto and incorporated by reference herein,shill constitute a material breach
of this Lease.
•
It is acknowledged that in the event of such a material breach by the Lessor its assigns, transferees, or other successors in interest, Lessee shall be
entitled to immediately terminate this Lease and vacate the demised premises. In the alternative,Lessee may elect to declare the material breach but
retain possession for the balance of any term remaining,and as liquidated damages and not as a penalty,to reduce rental payments and other charges
due hereunder by twenty-five per cent(25%)for the entire term of this Lease, including any extensions thereto or periods of holdover, or until the
material breach is cured by full and complete disclosure, whichever occurs first. The foregoing reductions represent a reasonable endeavor by the
parties hereto to estimate a fair compensation for the foreseeable losses to Lessee that might result from such breach. •
41] CHANGE OF OWNERSHIP OR BENEFICIAL INTEREST;, The Department of Central Management Services must be notified in writing by
Lessor of any change in ownership and/or beneficial interest of a trust within thirty(30)days of the event. All assigns,transferees,or other successors
in interest to Lessor shall be required to comply with any and all disclosure requirements of applicable Illinois law,'administrative rule or regulation
governing real estate lease transactions. It is understood and agreed by the:parties.that any subsequent assigns, transferees, and other successors in
interest to the Lessor shall be specifically subject to the liquidated damages provisions of the preceding Article for material breach in failing to comply
with disclosure requirements. . .
42] GOVERNING LAW AND JURISDICTION: Illinois law shall be used in interpreting this Lease and in determining the rights of the parties under its
term and conditions.Jurisdiction shall be in the State of Illinois Court of Claims as to any legal action or proceeding filed by Lessor for litigation of
rights or claims against the Lessee or Using Agency.
43] NON-DISCRIMINATION: Vendor, its employees and subcontractors, agree not to commit unlawful discrimination and agree to
comply with applicable provisions of the Illinois Human Rights Act, the U.S. Civil Rights Act and Section 504 of.the Federal
rehabilitation Act,the Americans With Disabilities Act of 1990, and rules applicable to each. The Department of Human Rights Equal
_employment Opportunity clause is incorporated by reference.
•
44] ENTIRE AGREEMENT: This Lease contains the entire agreement of the parties with respect to the matters covered by this Lease,and
no other agreement,statement,or promise made by any party,or to any employee,officer,or agent of any party,which is not contained
in this Lease shall be binding or valid.
45] TIME IS OF THE ESSENCE: Time is of the essence of this Lease, and of each and every covenant, term, condition and provision
hereof.
46] ESTOPPEL CERTIFICATE: Lessee shall upon written request from Lessor, execute, acknowledge, and deliver to Lessor a written
statement certifying that the Lease is unmodified and in full force and effect,or that the Lease is in full force and effect as modified and
listing the instruments of modification;the dates to which the rents and other charges have been paid; and whether or not to the best of
Lessee's knowledge Lessor is in default hereunder and,if so,specifying the nature of the default. •
•
•
•
•
•
Real Estate Lease No.5536 PAGE__6 OF fi
] EXHIBITS: The following Exhibits attached hereto and incorporated by reference herein are made a part of this Lease(if applicable):
X A-Accessibility Requirements X C- Lessor Certifications
x D-Disclosure Statement N/A I- Improvements
x F-Federal Taxpayer Identification Number N/A R-Rental Schedule
N/A J-Janitorial Services N/A 0-Other
3] AUTHORITY TO EXECUTE: Parties signing this Lease on behalf of the Lessor certify that they have authority to execute the Lease
and to commit to all described covenants.
?SSOR /
)� ; / / . DaEe
• •
� - -
TLE - ��(
TTEST C)
SING AGENCY
ao■e,Y Date
TILE Director
TATE OF ILLINOIS,LESSEE,BY DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
36 Date
ITLE Director
•
Negotiated By Robert A. Moser 3/12/97
Leasing Representative Date
[49] Lessee will make a one time lump sum payment in the amount of $8,243.91 for
workstations and chairs within thirty (30) days after review and approval of
said furnishings by DOC and CMS. This payment will be for three (3) task chairs,
three (3) side chairs and upholstered partitions for three (3) workstations
(including delivery and installation).
[50] Lessor will provide janitorial services to the same extent as it is provided
for the Elgin Police.
EXHIBIT A Page 1 of 3
Illinois Accessibility Code (LAC) Specifications
for
State of Illinois Leased Properties
"Construction documents for all Public Facilities and Multi-Story Housing Units
shall include a statement of compliance with the Act (EBA) unless the cost of
the work is less than $50,000. Affixing of a• professional seal by an architect
or engineer in accordance with the Illinois Architecture Act, Illinois
Professional Engineering Act, and/or the Illinois Structural Engineering Act may
be provided in lieu of the statement of compliance. The statement of compliance
shall be filed with the local Building Permit Issuing Authority or, in the
absence of such an authority, with the County Clerk. For publicly-owned work,
it shall be filed with the governmental unit contracting for the work. ". (IAC, •
section-forward.)
This is not an official authorization for the construction or alteration of a
public facility.
•
Section 400.710 of .the IAC provides the standards for governmental leasing,
renting or use of public facilities.
Since the lease will be executed after May 1, 1988, and the original building is
assumed to have been constructed prior to May 1, 1988,. to achieve the minimum
required accessibility, comply with Subsections 400.510 (a) , 400.510(b) and
400.510(c) of the Illinois Accessibility Code referenced in Section 400.710,
Standards For Government Leasing, Renting, or Use of Public Facilities. If the
Lessor is able to submit documentation of prior compliance with the Minimum
Requirements For New Construction, Sections 3 through 16 of the Accessibility
Standards, Illustrated (revised and reprinted March 1, 1985) , no further
compliance may be necessary.
IAC Subsection 400.510(a) Site Improvements and Exterior Facilities.
' 1. If new street curbs are included in this work, they are to have
accessible curb ramps. •
•
2. If new sidewalks are contemplated, install per IAC.Subsections 400.310
(a) and (d) .
3. On-site parking per IAC Subsection 400.310 (c) and (r) (1) , •if parking
is provided. . .
4 . No inaccessible elements (e.g. , steps) should occur along a site access
route within the boundary of the site. Public transportation stops are
to be accessible from public sidewalks.IAC Subsection 400'.510(b)
Miscellaneous Building Requirements.
IAC Subsection 400.510(b) Miscellaneous Building Requirements..
1. The major entrance door will conform to ANSI 4.13.
2. If the hardware, controls, dispensers, receptacles, stairs or other
elements are altered, follow the applicable technical standard of
Section 400.310 unless structurally impractical as determined by an
architect or engineer. (Especially see ANSI 4.13 and 4.25)
Page 2 of 3
IAC Subsection 400.510 (c)
2a. Any element or space being altered must comply with applicable standard
for new construction, Section 400.310. (e.g. toilet rooms)
•
2b. An accessible means of ingress and egress intended for use by the public
shall be provided. A minimum corridor width of 36" must be provided, at
least 18" clearance on pull side of all doors along accessible ingress
and egress route shall be provided, and all doors along route shall have
a minimum clear opening of 32" . Additional corridor clearances may be
required for side access to doors in corridors. See Maneuvering
clearances in ANSI 4.13.6.
2c. All spaces and elements altered shall be accessible from the accessible
ingress and to the accessible egress. 0
It is recommended that all interior partitions and space planning
provide an *accessible route to the public reception area and to the
elevator lobby at each floor.
Minimum requirements for elevators are referenced in IAC Subsection
400.310 (g) . Technical standards are referenced as ANSI Section 4.10.
Provide grab bars per ANSI Section 4.24 . Provide tactile floor • ' .
designations. Controls are to be modified per ANSI 4.10. Minimum
dimensions of elevator cars meeting criteria of structural limitations
may be as noted in IAC Subsection 400.510 (j) .
2d. At least one accessible toilet room for each sex complying with ANSI
Section 4.22 if toilets are provided or required in the facility by the
Illinois Plumbing Code (77 Illinois Administrative Code 890) .
Also refer to ANSI 4.16 through 4.21 referenced by IAC. Section
400.310.
Check the following for compliance:
• 1. Raised symbol or name in contrasting color on toilet door;
2. Minimum of 32" clear door opening;
3. 18" clearance on pull side of doors;
4. If closer is provided, it must be delayed action;
5. Elongated bowl, 17"-19" above floor to seat set 18" to center line
from adjacent wall;
6. Closed front seat with cover;
7.. 1 1/2" diameter grab bars;
8. Tissue dispenser mounting at 19" to center line;
9. Lavatory clear space, 27" below, lavatory height not to exceed 34";
10. Faucets are to be lever, blade, or multi-arm type handles;
•
• Page 3 of 3
11. Hot water on left with 105 degrees maximum temperature;
12. Dispensers, controls (switches, etc.) mounted a maximum of 48" above
floor and do not require grasping or twisting of wrist;
13. At least one toilet stall in every required restroom shall meet ANSI
4.17, figure 30a, standard stall;
14. Provide at least one accessible fixture of each type (excluding
urinals) in restroom for employee convenience when the minimum
required fixtures are in place elsewhere;
• •
15: Provide accessible urinal when more than four urinals are required
• or provided in a restroom;
16. At least one lavatory sink and mirror in each restroom shall comply
with ANSI 4.19;
17. Drinking fountains where required or provided shall' be accessible.
Provided clear area of 30" x 48" in front of drinking fountain
center around fountain. Orifice to be 30-36" above floor with water
• sufficient to allow insertion of a 4" cup. Hand controls are to be
operable without precise grasping and twisting and located. at or
near the front of the unit.
2e. Accessible parking space(s) per IAC subsections 400.310(c) and (r) (1) if
provided.
2f. Accessible route from parking space is required if parking is provided.
If alterations involve structural alterations to a public facility, The Illinois
Architecture Practice Act of 19.89, Section 3, requires an Illinois Licensed
Architect complete the project and seal construction documents.
The Lessor is responsible for complying with all applicable codes, including the
Illinois Accessibility Code, May 1, 1988.
The Lessor is responsible for obtaining and filing a statement of compliance •
with the Illinois Accessibility Code with the governmental unit contracting for .
the work, unless the cost of the work is less than $50,000.00 •or unless the
construction documents bear the seal of an Illinois Licensed Architect or
Engineer as defined by Illinois Law.
This accessibility specification is to determine the feasibility of government
use of a public facility. The accessibility requirements stated herein are for
use as minimum specifications to this lease property. Other specifications may
be required to meet the using agency's space requirements. As such, these
specifications are not construction documents.
The Lessor shall provide all necessary construction documents, permits,
certificates, and other documents as may be required for the purpose of any
construction relating to this property in accordance with all applicable
governing laws and policies of the governmental unit contracting for the work.
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8700K
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Pagel of 2
LEASE CONTROL NO. 5536
EXHIBIT C
CERTIFICATIONS
•
1. Lessor certifies that it is not barred from being awarded a contract or
subcontract under Section 10.1 or 10.3 of the Illinois Purchasing Act.
(See 30 ILCS 505/10.1 & 10.3] -
2. Lessor certifies that it has not been barred from contracting with a unit
of State or local government at a result of violation of Section 33-E3 or
33E-4 of the Illinois Criminal Code of 1961 as amended. (See 720 ILCS
5/33-E3 & E-4] •
•
3. Lessor, if an individual, certifies that he or she is not barred from
contracting with the State by virtue of being in default on an educational
loan, • and further acknowledges that a partnership, as Lessor, shall be
considered so barred in the event any partner is in default on an
educational loan. (See 5 ILCS 385/3]
4. Lessor certifies that it does not pay„ dues or fees on behalf of its
employees or agents, nor subsidizes or otherwise reimburses them. for
payment of their dues or fees, to any club which unlawfully discriminates.
(See 775 ILCS 25/2]
5. Lessor, if an individual, certifies he or she has informed in writing the
Director of the . Department of Central Mana.gement...Services and the Using
Agency under the terms of the lease agreement to which this instrument is
affixed, if.applicable, that he or she was formerly employed by that agency
and has received an early retirement incentive under Section 14-108.3 or
16-133.3 of the Illinois Pension Code. Lessor acknowledges in the event
such early retirement incentive was received, the lease agreement to which
this instrument is attached is not valid unless the individual executing
the lease agreement has made the appropriate' filing with the State of '
Illinois Auditor General prior to such execution. [See 30 ILCS 105/15(a) ]
•
•
6. Lessor certifies that, for a minimum of five years following the completion:
• of the lease agreement, including any extension or renewals thereof,
adequate books, records, and supporting documents sufficient to verify the
amounts, recipients, and uses of all disbursements of funds passing in
conjunction with the lease agreement, shall be maintained and made
available for review by the State of Illinois Auditor General. Lessor
further certifies that it' shall fully cooperate in any audit conducted by
the Auditor General and provide full and complete access to all' relevant
materials within its possession or control. Lessor acknowledges that the
failure to maintain the books, records, and supporting documents described
herein shall create a presumption in favor of the State for the recovery of
any funds paid by the State under the lease agreement for which adequate
books, records, and supporting 'documentation are not available to confirm
such purported disbursement. [See 30 ILCS 505/6 (i))
PAGE 1 OF 2
LEASE CONTROL NO. 5536
EXHIBIT C
CERTIFICATIONS
•
7. Lessor certifies that, as a party to a public contract• within the meaning
of the Illinois Human Rights Act, it has written sexual harassment policies 1
that shall; at a minimum, include the following information: (1) the
illegality of sexual harassment; (2) the definition of sexual harassment
under . State law; (3) a description of sexual 'harassment, utilizing
examples; (4) the Lessor's internal complaint process including penalties;
(5) the legal recourse, investigative and complaint process available
through the State of Illinois Department of Human Rights and the State of
Illinois Human Rights Commission; (6) directions on how to contact the
Department and Commission; and, (7) the protection against retaliation as
provided by Section 6-101 of the Illinois Human Rights Act. Lessor further
acknowledges that a copy of the policies shall be provided to Lessee upon
request. [See 775 ILCS 5/2-101 et seq.]
8. Lessor certifies that neither it nor any substantially-owned affiliated
company is participating or shall participate in an international boycott
in violation of the provisions of the federal Export Administration Act
of 1979 or the regulations promulgated under the authority of that Act by
the United States Department of Commerce. [See Public Act 88-671,
effective December 14, 1994]
The undersigned certifies that he or she is duly authorized to execute the
foregoing instrument on behalf of the Lessor specified on the face of the
lease agreement to which this instrument is affixed as an exhibit thereto, and .
further states affirmatively that the foregoing certifications are made as an
inducement to the State of Illinois, acting by and through its Department of
Central Management Services for the use and benefit of the Using Agency
therein specified, to enter into said lease agreement and still further
acknowledges that the State of Illinois is acting in reliance thereon.
LESSOR
•
•
BY:
TITLE:
•
PAGE -2 OF 2
• - • Page 1 of 2
Lease No. 5536
• EXHIBIT D
REAL ESTATE LEASE FORM
DISCLOSURE STATEMENT
THIS STATEMENT MUST BE COMPLETED BY THE LESSOR AND SIGNED BY
AN OWNER,AUTHORIZED TRUSTEE,CORPORATE OFFICIAL,OR MANAGING AGENT
•
You are required by Illinois Law to complete this form(50 ILCS 105/3.1) The purpose of this form is to determine
all of the name(s)of the owner(s)and beneficiary having any interest in the property real or personal of the leased
premises. Furthermore,you must disclose the names of any shareholders entitled to receive more than 7 1/2%of the
total distributable income of any corporation with an interest in the lease. FAILURE TO ACCURATELY PROVIDE ALL
INFORMATION REQUESTED ON THIS FORM AND TO PROVIDE UPDATED INFORMATION WITHIN 30 DAYS OF ANY
CHANGE OF OWNERSHIP MAY RESULT IN A MATERIAL BREACH OF THE LEASE AND/OR CRIMINAL SANCTIONS.
•
• I A. Address of Premises 151 Douglas _Avenue, Elgin
•
B. Real Estate Tax Index Number
II INDICATE LESSOR'S INTEREST IN PROPERTY BY CHECKING ALL APPLICABLE BOXES AND COMPLETING
PARAGRAPH(S)AS INSTRUCTED. IF ADDITIONAL SPACE IS NEEDED TO PROVIDE THIS INFORMATION,
PLEASE ATTACH A SEPARATE SHEET TO THIS FORM.
❑
FEE SIMPLE(SSLT.F,OWNER.JOINT TENANTS.TENANTS BY THE ENTIRETY,TENANTS IN
COMMON)
INSTRUCTIONS: PLEASE LIST NAMES OF ALL OWNERS.
•
El
LEASE HOLDER OR SUBLESSEE
INSTRUCTIONS: PLEASE LIST THE NAMES OF THE LESSOR(AND LESSEE IF YOU ARE A SUBLESSEE). PLEASE INDICATE THE
BEGINNING AND ENDING DATES OF TERM OF LEASE OR THE SUB-LEASE.
0
LAND TRUST OR OTHER TRUST -
INSTRUCTIONS: PLEASE LIST THE COMPLETE NAME AND NUMBER OF TRUST AND TRUSTEE'S ADDRESS AND NAMES OF ALL
BENEFICIARIES. IF THE PROPERTY IS HELD IN A LAND TRUST,YOU MUST ALSO COMPLETE A LAND TRUST BENEFICIAL
INTEREST DISCLOSURE APPLICATION.
❑ •
OPTION TO PURCHASE.CONTRACT TO PURCHASE ORSIMILAR INTEREST
INSTRUCTIONS: DESCRIBE YOUR INTEREST IN THE PROPERTY FULLY. PLEASE LIST THE PARTIES WHO CURRENTLY OWN THE
REAL ESTATE.
0•
OTHER(PLEASE DESCRIBE)
INSTRUCTIONS: LIST THE NAME OF ALL PARTIES WHO HAVE AN OWNERSHIP INTEREST IN THE PROPERTY.
• - • REAL ESTATE LEASE FORM-DISCLOSURE STATEMENT
Page 2 of 2
III IF CORPORATION OR PARTNERSHIP HAS AN INTERESTIN THE LEASE.PLEASE COMPLETE THE
,�/► APPROPRIATE PARAGRAPH
( CORPORATION-INSTRUCTIONS: PLEASE LIST
I. The names of the president and secretary:
2. The name and address of the registered agent:
. 3. The names of all shareholders entitled to receive more than 7 1/2%of the total distributable income of the
corporation:
4. The name of the person(s)authorized to execute the contracts on behalf of the corporation:
NOTE: IN COMPLETING THIS SECTION,IF THERE IS NO READILY KNOWN INDIVIDUAL HAVING
GREATER THAN 7 1/2%INTEREST IN THE CORPORATION AND THE CORPORATION IS PUBLICLY
TRADED THEN THE REQUIREMENTS OF THE DISCLOSURE MAY BE MET BY SO STATING.
PARTNERSHIP-INSTRUCTIONS: PLEASE LIST
1. The names of all partners (include limited partners if applicable):
2. If limited partnership,the names and addresses of all general partners:
IV THIS PARAGRAPH MUST BE COMPLETED BY ALL PARTIES
ARE ANY OF THE PERSONS LISTED ABOVE ELECTED OR APPOINTED OFFICIALS,EMPLOYEES
OF THE STATE OR THE SPOUSE OR MINOR CHILD OF SAME?
NO YES If"YES",explain employment arid/or relationship.
V THIS PARAGRAPH MUST BE COMPLETED BY ALL PARTIES
I, ,state on oath or affirm that I am(title)
of(firm/name) and that the
disclosure made above is true and correct I will provide any additional documentation requested by the State of
Illinois. I further certify that Lessor has not bribed or attempted to bribe an officer or employee of the State of Illinois.
Signature Date
• Title
NOTARY:.
STATE OF ILLINOIS
COUNTY OF
I, ,certify
on , 19 ,
personally appeared before me and swore or affirmed that he signed this
document as of
and that the information provided was true and correct.
Notary Public Commission Expires
IL.401-1035(Revised 1/95)
• • Page 1 of 1
Exhibit F
LEASE NO. : 5536
•
AGENCY: IL Dept. of Corrections
LOCATION: 151 Douglas Avenue, Elgin
FEDERAL TAXPAYER IDENTIFICATION
NUMBER AND LEGAL STATUS DISCLOSURE CERTIFICATION
' Under penalties of perjury, I certify that the name, taxpayer
identification number, *and legal status listed below are correct:
NAME:
•
Taxpayer Identification Number:
Social Security Number
or
Employer Identification Number
(If you are an individual, enter your name and SSN as it appears on your
Social Security Card. If completing this certification for a sole
proprietorship, enter the owner's name followed by the name of the
business and the owner's SSN. For all other entities, enter the name of
the entity as used to apply for the entity's EIN and the EIN).
LEGAL STATUS (check one)
Individual Government entity
Owner of sole Nonresident alien
proprietorship individual
Partnership Estate or legal
trust
Tax-exempt hospital or Foreign corporation,
extended care facility partnership,
estate, or trust
Corporation providing or Other:
billing medical and/or •
health care services
•
.Corporation NOT providing
or billing medical and/or
health care services
SIGNATURE DATE
•
i°'4 1 Agenda Item No.
City of Elgin
June 16, 1997
TO: Mayor and Members of the City Council
FROM: Robert O. Maim, Interim City Manager
SUBJECT: Interagency Agreement and Lease for Illinois Depart-
ment of Corrections, Parole Division
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider
entering into an interagency agreement and lease with the
Illinois Department of Corrections, Parole Division, for
space at the Law Enforcement Facility.
BACKGROUND
The Illinois Department of Corrections, Parole Division,
wishes to place two parole officers in the Major Investiga-
tions Area of the Police Facility. The Department of Correc-
tions has proposed a lease for space currently not used by
the Elgin Police Department in the reception area of the
Major Investigations Division on the second floor. The Illi-
nois Department of Corrections will assign two officers to
this area and pay the costs of equipment ($8,243 .91) and
telephone usage. The City of Elgin will pay the routine costs
of maintaining the area. No clerical assistance will be
offered the lessee. The parole operation will operate indepen-
dently.
The benefit of having Parole Officers working directly in the
Law Enforcement Facility is difficult to estimate, but clear-
ly will far outweigh any rent that may have been collected.
It is anticipated that a working relationship will develop
between the parole agents and members of the Elgin Police
Department that will enhance their ability to monitor re-
leased prisoners and seek revocation of parole should the
situation warrant. This space is currently vacant and was
designed for expansion. This proposed five year lease will
allow the department to re-evaluate and reclaim this space if
needed in 2002 .
e COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
The Illinois Department of Corrections and the Illinois
Central Management Service have endorsed this plan and they
are ready to begin operation.
Lease for Illinois Department of Corrections
June 16, 1997
Page 2
rt.. FINANCIAL IMPACT
The City will permit the use of this space rent free. The
agents will be given limited access to the department's
photocopier at no charge. The State will pay for all office
furniture ($8,243. 91) that is used by the parole agents and
the furniture will become City property when the lease ex-
pires.
LEGAL IMPACT
4e,( None.
ALTERNATIVES
The City may choose to not approve this lease and the area
will remain empty.
RECOMMENDATION
It is recommended that the City approve this lease with the
Illinois Department of Corrections for use by Parole Offi-
cers.
Respectfully submitted,
akb,, d1.1.41.
Charles A. Gruber
Chief of Police
Ailif///44/40
Robert O. Malm
Interim City Manager
JB/jb