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HomeMy WebLinkAbout04-152 .. • Resolution No. 04-152 RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES OF ELGIN, INC. (58 S. Jackson Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that David M.Dorgan,City Manager,be and is hereby authorized and directed to execute a written lease agreement with Neighborhood Housing Services of Elgin,Inc.for the premises commonly known as 58 S. Jackson Street, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 9, 2004 Adopted: June 9, 2004 Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk N "04/27/2804 15:00 8477416973 STEFFEN,KELLY&STEFFE PAGE 03 Neighborhood Housing Services of I Igin, Inc. Fixed-Term Residential Lease 58 South Jackson Neighborhood Housing Services of Engin,Inc. 300 Douglas Avenue Elgin,IL 0120 847.695.0399 phone 847.695.70111 fait Clause 1.Identification of Landlord and Tenant This Agreement is entered into between The City of Elgin ("City" or"Tenant")and Neighborhood Housing Services of Elgin, Inc. an Illinois not-fir-profit("NHS") ("Landlord"). Clause 2.Identification of Premises Subject to the terms and conditions in this Agreement, Landlord rents to Tenant, and Tenant rents from Landlord, for residential purposes only,the premise located at 58 South Jackson, Elgin, IL 60120("the Premises"),together with the furnishings and appliances presently located therein. Clause 3.Limits on Use and Occupancy The premises are to be used only as a private residence for a City of Elgin ROPE officer and his immediate family. Clause 4. Term of the Tenancy The term of the rental will begin on January 1, 2004,and end on December 31, 2004. If Tenant vacate before the term ends, Tenant will be liable for the balance of the rent for the remainder of the term. Clause S.Payment of Rent Regular monthly rent Tenant City of Elgin will pay to Landlord a monthly rent of 31,650.00,payable in advance on the first day of each month, except when that day falls on a weekend or legal holiday,in which case rent is due on the next business day. Rent shall be paid to Neighborhood Housing Services of Elgin, Inc. at 300 Douglas Avenue, Elgin, IL 60120 or at such other place as Landlord designates. 5 04/27/2904 15:00 8477416973 STEFFEN,KELY&STEFFE PAGE 04 Neighborhood Housing Services of Elgin, Inc. Fixed-Term Residential Lear#e 58 South Jackson On signing this Agreement, Tenant will pay to Landlord the suns of$1,650.00 as a security ti k; deposit. Tenant may not,without Landlord's prior written consent,.apply thus security deposit to the last month's rent or to any other sum due under this Agreenient. Within thirty days after Tenant have vacated the premises, all keys and provided Landlord with a forwarding address,Landlord will . . an itemized written statement of the reasons for, and the dollar a • - , o the security deposit retained by the Landlord, along with a check for any r lr` Clause 9. Utilities Tenant will pay all utility charges. Clause 10.Assignment and Subletting Tenant will not sublet any part of the premises or assign this Agreement without the prior written consent of Landlord. Clause 11. Tenant' Maintenance Responsibilities Tenant will: (1)keep the premises clean, sanitary and in good;condition and repair at all times, and upon termination of the tenancy,return the premises to Lrindlord in a condition identical to that which existed when Tenant took occupancy, except for ordinary wear and tear; (2) immediately notify Landlord of any defects or dangerous conditions in and about the premises of which any Tenant becomes aware; and(3)reimburse Landlord, on demand by Landlord,for the cost of any repairs to the premises due hereunder or due to damage by Tenant or Tenant'guests or business invitees or through misuse or neglect. Tenant acknowledge and agree that all necessary clearing, rePairs and maintenance, including without limitation, lawn care, gutter cleaning, rubbish removal, plumbing, heating, air conditioning and any other necessary repairs, shall be done by Tenant at Tenant' expense. Only extraordinary repairs, such as structural repairs, shall be excl ided. Clause 12.Alterations by Tenant a. Except as provided by law, or as authorized by the prior written consent of Landlord, Tenant will not make any alterations to the premises. b. Tenant will not, without Landlord's prior written consent,alter, re-key or install any locks to the premises or install or alter any burglar alums'stem. Tenant will provide Landlord , with a key or keys capable of unlocking all such re- eyed or new locks,as well as instructions on how to disarm any altered or new burglar alarm system. 5 • 04/27/2904 15:00 8477416973 STEFFEN,KELLY&STEFFE PAGE 05 Neighborhood Housing Services of Igin, Inc. Fixed-Term Residential Lease 58 South Jackson Clause 13.Violating Laws and Causing Disturbances Tenant is entitled to quiet enjoyment of the premises. Tenant and guests or invitees will not use the premises or adjacent areas in such a way as to: (1)violatelaw or ordinance or City code, including laws prohibiting the use,possession or sale of illegal rigs;(2)commit waste(severe property damage);(3)create a nuisance by annoying, disturbing, inconveniencing or interfering with the quiet enjoyment and peace and quiet of any other Tenant or nearby resident. Clause 14.Pets No animal, bird or other pet will be kept on the premises,excej,t one(1)dog owned by the occupants and any properly trained dogs needed by blind, deaf or disabled persons. Clause 15.Landlord's Right to Access Landlord or Landlord's agents may enter the premises in the event of an emergency,to make repairs or improvements or to show the premises to prospective buyers or Tenant. Landlord may also enter the premises to conduct a quarterly inspection to check for safety or maintenance problems. Except in cases of emergency, Tenant'abandonment of the premises,court order, or where it is impracticable to do so, Landlord shall give the IndiVidual Tenant twenty-four hour's advance notice before entering. Clause 16.Extended Absences by Tenant The Individual Tenant will notify Landlord in advance if the Individual Tenant will be away from the premises for seven or more consecutive days. During such absence,Landlord may but shall not be required to, enter the premises at times reasonably necessary to maintain the property and inspect for needed repairs. Clause 17.Possession of the Premises a. Teaant'failure to take possession. after signing this Agreement, Tenant fail to take possession of the premises, Tenant shall still be responsible for paying rent and complying with all of the other terms of this Agreement. b. Landlord's failure to deliver possession. If Landlord is unable to deliver possession of the premises to Tenant for any reason not within Landlord's control,including,but not limited to, partial or epmplete destruction of the premises, Tenant will have the right to terminate this Agreement upon proper notice as required by law. In such event,Landlord's liability to Tenant will be limited to the return of all sums previously paid by Tenant to Landlord, 5 ' 04/27/2904 15:00 8477416973 STEFFEN,KELY&STEFFE PAGE 06 Neighborhood Housing Services of Elgin, Inc. Fixed-Term Residential Lease 58 South Jackson Clause 18. Choice of Law This agreement shall be subject to and governed by the laws of State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights 'sing out of or in connection with this agreement shall be in the Circuit Court of Kane Cou , Illinois. Clause 19. Authority to Receive Legal Papers Service of process and other notices and demands, may be delit►ered to: The Landlord, at the following address: 300 Douglas Avenue,Agin,IL 60120. The Tenant, at the following address: 150 Dexter Court,E1gid, IL 60120. Clause 20.Validity of Each Part If any portion of this Agreement is held to be invalid,its invalidity will not affect the validity or enforceability of any other provision of this Agreement. Clause 21. Grounds for Termination of Tenancy The fhilure of Tenant or Tenant' guests or invitees to comply with any term of this Agreement, are grounds for termination of the tenancy, with appropriate,notice to Tenant and procedures as required by law. 5 .04/27/2004 15:00 8477416973 STEFFEN,KELLY&STEFFE PAGE 07 Neighborhood Housing Services of Elgin, inc. Fixed-Term Residential Lease 58 South Jackson Clause 23. Entire Agreement This document constitutes the entire Agreement between therties, and no promises or representations, other than those contained here and those impll ed by law,have been made by Landlord or Tenant. Any modifications to this Agreement must be in writing signed by Landlord and Tenant. t Dated: MAq Neighborhood Housing Services of Elgin, Inc. 300 Douglas Avenue,Elgin, IL 60120, 547.695.0399 C;(4By: C' ) Rich L. Jacobs It's Executive Director The City of Elgin 150 Dexter Court,Elgin, IL 60120 By: a, ' am� It's r" '7,4 —(Title) 5 • OF City of Elgin Agenda Item Na. , Ob. 1,47F D G May 21, 2004 N TO: Mayor and Members of the City Council rsA IVI hi ITV FROM: David M. Dorgan, City Manager ,4( RuthAnne K. Hall, Management Analyst SUBJECT: Rental Agreement with Neighborhood Housin Services (NHS) for the ROPE House located at 58 Jackson Street PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to enter into a lease agreement with NHS for the property at 58 Jackson Street, the current residence of a ROPE officer. RECOMMENDATION It is recommended that the City enter into a lease agreement with Neighborhood Housing Services for the property at 58 Jackson Street at a cost of$1,650 per month. BACKGROUND The property located at 58 Jackson Street is currently owned by NHS and has been utilized as a ROPE officer residence since November of 2000. The City has paid a rental fee for the property to Neighborhood Housing Services, at a cost of $1,200 per month, from November of 2000 through December of 2003. In the recent restructuring of the ROPE Program to provide City owned residences for the officers, the City purchased six homes in 2003. To date, the City has successfully completed the rehab of five of the six homes. The remaining home located at 110 Union Street is still in need of additional repairs before it can be utilized as the final City owned ROPE officer residence. Therefore, it is necessary for the City to maintain the rental of 58 Jackson Street while the repairs are being completed. To date, no formal lease agreement had been in place between the City and Neighborhood Housing Services. Therefore, the City entered into negotiations in January 2004 with rik Neighborhood Housing Services to create a lease agreement for the property(Attachment A). . , • . • rft, Rental Agreement for 58 Jackson Street May 21, 2004 Page 2 The finalized lease agreement stipulates that the City will pay $1,650 per month in rent for a period of one year plus a one month security deposit. As stated earlier, the City had stopped rental payments in December of 2003 although the officer continued to occupy the residence. This was due to the fact that there were several outstanding issues concerning the lease. These issues have now been res91ved; therefore, to honor the lease agreement, the City must reimburse the Neighborhood Houling Services for the rental of the property from January 2004 through May of 2004 for a total c9st of$8,250. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Neighborhood Housing Services 0-74(__FINANCIAL IMPACT The cost for reimbursement for rental of the property from January through May 2004 and the cost for rental of the property from June through December 2004 totals $21,450 (12 months at $1,650 plus one month's security deposit). Sufficient funds are budgeted ($102,530) and ravailable ($79,204) in the General Fund, account number 019-2308-731.43-03 to enter into this lease agreement. ,t\ EGAL IMPACT None. ALTERNATIVES 1. Deny the recommendation as presented. 2. Approve the recommendation and enter into a formal lease agreement with Neighborhood Housing Services for 58 Jackson Streei. Respectfully submitted for Council consideration. RICH Attachment r