97-143 Resolution No. 97-143
RESOLUTION
AUTHORIZING EXECUTION OF A LEASE AGREEMENT
( 152 Elm Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Robert 0. Maim, Interim City Manager, be and is
hereby authorized and directed to execute a written Residence
Lease with St. Edward Central Catholic High School for the
premises commonly known as 152 Elm Street, Elgin, Illinois, a
copy of which is attached hereto and made a part hereof by
reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: May 28, 1997
Adopted: May 28, 1997
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
`-S OF E,C'
City of Elgin Agenda Item No.
May 5, 1997
TO: Mayor and Members of the City Council
FROM: Robert 0. Malm, Interim City Manager
SUBJECT: Lease Agreement for the Near West Resident Officer
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider a
lease agreement with St. Edward Central Catholic High School
to provide a house for a Resident Officer.
BACKGROUND
In the 1997 budget, the City Council approved a seventh
i Resident Officer position. The neighborhood for this program
e"^ was for the Near West Side. The officer, Robert Hartman, has
been selected and a search for an appropriate home was under-
taken.
The new R.O.P.E. area is bounded by Highland Avenue, State
Street, Walnut Avenue, and Union Street. Consideration for a
home site included it be centrally located in the area,
preferably close to the main target areas (222 Locust, 85
South Crystal and St. Edward High School) . The home should
also have adequate space for both living quarters and an
office area, while providing both security and visibility.
With the help of the Neighborhood Housing Services (NHS) , five
possible locations were found and viewed. It was then deter-
mined that the 152 Elm Street owned by St. Edward's High
School would best serve the needs of the Resident Officer
Program.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
With the assistance of NHS, and the Near West Neighborhood
Association, the Police Department was able to identify five
possible locations for the new residence. NHS then assisted
by performing a preliminary evaluation of the sites . The Near
West neighborhoods were instrumental in helping to form
guidelines for the new Resident Officer, as well as having a
eft. member become a part of the interview team for the new offi-
cer.
Lease Agreement for Newest Resident Officer
May 5, 1997
Page 2
(0)0bL_ FINANCIAL IMPACT
A lease agreement provides for a monthly rent of $800 . 00 .
Sufficient funds were approved by the City Council as part of
the 1997 Budget plan. This expenditure will be made out of
account No. 010-2304-731 . 43-03, Rental/Buildings .
ATLEGAL IMPACT
j None.
ALTERNATIVES
The City Council could reject the lease for the residence and
the Police Department could begin looking for another loca-
tion.
RECOMMENDATION
It is recommended that the City Council authorize the City
Manager to enter into this lease with St. Edward's Central
Catholic High School .
Respectfully submitted,
NAAA1 it0A44/
Charles A. Gruber
Chie of Police
4 lit/
Ro•ert 0. Maim
Interim City Manager
RN/jb
tow
• RESIDENCE LEASE No. 14 GEORGE E.COLE'
(REPLACES OLD FORMS 14 AND 14B) FEBRUARY,1986 LEGAL FORMS
1 •
RESIDENCE LEASE
CAUTION:Consult a lawyer before using or acting under this form Neither the publisher nor the seller of this form
makes any warranty with respect thereto,including any warranty of merchantability or fitness for a particular purpose.
DATE OF LEASE i TERM OF LEASE RENT 1 SECURITY DEPOSIT*
BEGINNING I ENDING $800.00 per
March 21, 1997 May 15, 1997 May 14, 1999 ; month None
*1F NONE, WRITE "NONE"; Paragraph 2 of this Lease then INAPPLICABLE.
LESSEE LESSOR
NAME • City of Elgin NAME •
St. Edward Central Catholic
ADDRESS OF • 160 Dexter Court, Elgin, IL 60120 ADDRESS • High School
PREMISES • 152 Elm St. 100 Perry St.
cITY Elgin, IL 60123
CITY Elgin, IL 60123
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 house designated above (the "Premises"), together with the appurtenances
thereto, for the above term.
RENT 1. Lessee shall pay Lessor 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. Time of each such payment is of the essence of this agreement.
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CONDITION 3. Lessee acknowledges that the Premises are in good repair, except as herein otherwise specified, and
OF PREMISES that no representations as to the condition or repair thereof have been made by the Lessor, or Lessor's
agent, prior to or at the execution of this lease, that are not herein expressed.
REPAIR 4. The Lessee covenants and agrees with Lessor to take good care of and keep in clean and healthy
condition the Premises and their fixtures, and to commit or suffer no waste therein; that no changes or
alterations of the Premises shall be made or partitions erected, nor walls papered without the consent in
writing of Lessor; that Lessee will make all repairs required to the walls, windows, glass, ceilings, paint,
plastering, plumbing work, pipes, and fixtures belonging to the Premises, whenever damage or injury to the
same shall have resulted from misuse or neglect; and Lessee agrees to pay for any and all repairs that shall
be necessary to put the Premises in the same condition as when he entered therein, reasonable wear and
loss by fire excepted, and the expense of such repairs shall be included within the terms of this lease and
any judgment by confession entered therefor.
LIMITATION 5. Except as required by Illinois statute, the Lessor shall not be liable for any damage occasioned by
OF LIABILITY failure to keep the Premises in repair, and shall not he liable for any damage done or occasioned by or from
plumbing, gas, water, steam, or other pipes, sewerage, or the bursting, leaking or running from any cistern,
tank,washstand,water closet or waste pipe in,above, upon or about the Premises,nor for damage occasioned
by water, snow or ice, being upon or coming through the roof, skylight, trap door or otherwise, nor for any
damage arising from acts or neglect of any owners or occupants of adjacent or contiguous property.
USE; 6. Lessee will not allow the Premises to he used for any purpose that will increase the rate of
SUBLET; insurance thereon, nor for any purpose other than that hereinbefore specified, nor to be occupied, in whole
ASSIGNMENT or in part, by any other person, and will not sublet the same, or any part thereof, nor assign this lease,
without in each case the Lessor's written consent had, and will not permit and transfer, by operation of
law, of the interest in the Premises acquired through this lease; and will not permit the Premises to he used
for unlawful purpose or purposes that will injure the reputation of the same or of the neighborhood; will
keep no dogs, cats or other animals or pets in or about the Premises; will not permit the Premises to
remain vacant or unoccupied for more than ten consecutive days; and will not permit any alteration of or
upon any part of the Premises, nor allow any signs or placards posted or placed thereon, except by written
consent of the Lessor; all alterations and additions to the Premises shall remain for the benefit of the
Lessor unless otherwise provided in said consent.
RIGHT TO 7. If Lessee shall abandon or vacate the Premises, the same shall be re-let by the Lessor for such
RELET rent, and upon such terms as Lessor may see fit; and if a sufficient sum shall not be thus realized, after
paying the expenses of such re-letting and collecting, to satisfy the rent hereby reserved, the Lessee agrees
to satisfy and pay all deficiency.
HOLDING 8. If the Lessee retains possession of the Premises or any part thereof after the termination of the
OVER term by lapse of time or otherwise, then the Lessor may at Lessor's option within thirty days after the ter-
mination of the term serve written notice upon Lessee that such holding over constitutes either (a) renewal
of this lease for one year, and from year to year thereafter, at double the rental specified under Section 1
for such period, or (b) creation of a month to month tenancy, upon the terms of this lease except at double
t the monthly rental specified under Section 1, or (c) creation ot a tenancy at sufferance, at a rental ot
$40.00 dollars per day for the time Lessee remains in possession. If no such written notice
is served then a tenancy at sufferance with rental as stated at (c) shall have been created. Lessee shall also
pay to Lessor all damages sustained by Lessor resulting from retention of possession by Lessee.
FLAMMABLES 9. Naphtha, benzine, benzoic, gasoline, benzine-varnish, gunpowder, fireworks, nitroglycerine, phos-
phorus, saltpeter, nitrate of soda, camphene, spirit-gas, or any flammable fluid or oil, shall not be allowed
or used on the Premises without the written permission of the Lessor.
TAXES AND 10. Lessee shall pay (in addition to the rent above specified) all water taxes and all gas, electricity
UTILITIES and power bills, levied or charged on or in respect of the Premises, for and during the term of this lease,
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xl cand in case said water taxes and gas, electricity and power bills shall not be paid when due, Lessor
shall have the right to pay the same, which amount so paid, together with any sums paid by Lessor to keep
the Premises and their appurtenances in good condition as hereinbefore specified, shall be due and payable
with the next installment of rent due thereafter under this lease.
• .
SIGNS 11. Lessor reserves the right to put up a "To Rent" sign sixty days prior to the expiration; of this,
lease and a "For Sale" sign at any time during the term of this lease.
COMPLIANCE 12. Lessee will in every respect comply with the ordinances of the municipality aforesaid, with the
rules and orders of the health officers thereof, with the orders and requirements of the police department,
with the requirements of any underwriters' association so as not to increase the rates of insurance upon the
building and contents thereof, and with the rules and orders of the fire department in respect to any matters
coming within their jurisdiction.
DEFAULT 13. If default be made in the payment of the above rent, or any part thereof, or in any of the
covenants herein contained to be kept by Lessee, it shall be lawful for Lessor at any time, at his election,
without notice, to declare said term ended and to re-enter the Premises, or any part thereof, with or with-
out process of law, and to 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 owns
or may hereafter acquire or have an interest in, whether exempt by law or not, as security for payment of
the rent herein reserved.
CONFESSION 14. The Lessee hereby irrevocably constitutes any attorney of any court of record in this state, at-
torney for Lessee in Lessee's name, on default by Lessee of any of the covenants herein, and upon complaint
made by Lessor, his agent or assigns, and filed in any such court to enter Lessee's appearance in any such court
of record, waive process and service thereof, and confess judgment, from time to time, for any rent which
may be due to Lessor, or the Lessor's assignees, by the terms of this lease, with costs and a reasonable sum
for attorney's fees, and to waive all errors and all right of appeal from said judgment, and to consent in writ-
RENT ing that a writ of execution may be issued immediately.
AFTER 15. After the service of notice, or the commencement of a suit, or after final judgment for possession
NOTICE of the'Premises, the Lessor may receive and collect any rent due, and the payment of said rent shall not waive
OR SUIT or affect said notice, said suit, or said judgment.
FIRE AND 16. In case the Premises shall be rendered untenantable by fire or other casualty, Lessor may at his
CASUALTY option terminate this lease, or repair the Premises within thirty days, and failing so to do, or upon the de-
struction of the Premises by fire, the term hereby created shall cease and determine.
PAYMENT 17. The Lessee further covenants and agrees to pay and discharge all reasonable costs, attorney's
OF COSTS fees and expenses that shall be made and incurred by Lessor in enforcing the covenants and agreements of
this lease.
PLURALS; 18. The words "Lessor" and "Lessee" wherever herein occurring and used shall be construed to mean
SUCCESSORS ' "Lessors" and "Lessees" in case more than one person constitutes either party to this lease, and all such
persons shall be jointly and severally liable hereon; 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.
SEVER- 19. If any clause, phrase, provision or portion of this lease or the application thereof to any person
ABILITY or circumstance shall be invalid, or unenforceable under applicable law, such event shall not affect, impair
or render invalid or unenforceable the remainder of this lease nor any other clause, phrase, provision or
portion hereof, nor shall it affect the application of any clause, phrase, provision or portion hereof to other
persons or circumstances.
Attached hereto is a Rider to this Lease consisting of 3 pages.
WITNESS the hands and seals of the parties hereto, as of the Date of Lease stated above.
E C OF ELGIN ST. EDWARD CENTRAL CATHOLIC HIGH SCHOOL
3By• �i V i i_�.4 By. (SEAL)
Its is/ CC
.Th� mas N7ra..)4r!s.dent
Attest$yj�—
• (SEAL)
harles W. McNamee, Secretary
GUARANTEE
For value received hereby guarantee the payment of the rent and the performance of the covenants by the Lessee
in the within lease covenanted and agreed, in manner and form as in said lease provided.
WITNESS hand and seal this day of , 19
(SEAL)
(SEAL)
ASSIGNMENT BY LESSOR
In consideration of One Dollar, to the Lessor in hand paid, the Lessor hereby transfers, assigns and sets over to
and
Successors and assigns Lessor's interest in the within lease, and the rent thereby secured
WITNESS hand and seal this day of 19
(SEAL)
(SEAL)
NOTE: Use Form Number 12-1 for assignment by Tenant.
• RIDER ATTACHED TO AND MADE A PART OF A RESIDENTIAL LEASE DATED
MARCH 21, 1997 , BETWEEN ST. EDWARD CENTRAL CATHOLIC HIGH SCHOOL,
LESSOR, AND THE CITY OF ELGIN, LESSEE.
INSURANCE:
20 . Lessee shall procure and maintain during the term
of this Lease, at Lessee's cost and expense, a policy or policies
of insurance insuring the Lessor and Lessee as their interests
may appear against personal liability (bodily injury and property
damage) , with liability limits of not less than One Million and
No/100ths ($1,000,000 . 00) Dollars per occurrence and Two Million
and No/100ths ( $2,000, 000 . 00) Dollars in the aggregate for each
year. Any insurance required to be procured by Purchaser under
the provisions of this Agreement shall not be subject to
cancellation except after thirty (30) days prior written notice
to Lessor. All policies of insurance required to be furnished
hereunder, together with receipts or other documents satisfactory
to Lessor showing payment of the premium thereon, shall be
deposited with Lessor on or before the transfer of possession
hereunder (and at least one year's annual premium paid thereon)
and renewals thereof not less than thirty ( 30) days prior to the
expiration of the term of such coverage.
SNOW REMOVAL AND LAWN CARE:
21. -Lco3cc shall be responsible for all snow removal
and lawn care required to keep the Premises and adjoining
sidewalks, driveways anlAiveway approaches in a neat and
orderly condition. C
6/z/r 7
ENVIRONMENTAL INDEMNITY:
22 . Lessee agrees to protect, indemnify, defend,
reimburse and hold harmless: (i) Lessor; (ii) any other person
who acquires an interest in this Lease whether by an assignment
of Lessor's interest in this Lease or otherwise; (iii) any other
person who acquires all or a portion of the Premises at a
foreclosure sale or by a conveyance in lieu of foreclosure or
otherwise through the exercise of the rights and remedies of
Lessor under this Lease; and (iv) the principals, directors,
officers, shareholders, partners, employees, successors, assigns,
agents, contractors, subcontractors, experts, licensees and
invitees of such persons listed in (i) through (iii) above (any
or all of which are referred to herein as an "Indemnitee" ) from
and against any and all loss, costs, penalty, fine, liability,
1
•
damage or expense (including, without limitation, attorney's fees
and costs) arising or resulting from or in any way connected
with:
(a) the presence of any hazardous materials in,
at, on, under or about the Premises;
(b) any environmental activity conducted or
permitted by Lessee or any other party on the Premises during the
Lease term;
(c) any violation of any laws pertaining to the
condition of the Premises or any environmental activity thereon
to the extent caused by Lessee at any time or caused by anyone
else during the Lease term;
(d) the breach of any warranty or covenant or the
inaccuracy of any representation of Lessee contained in this
Lease; or
(e) any claim, demand or cause of action, or any
action or other proceeding, whether meritorious or not, brought
or asserted against any Indemnitee which directly or indirectly
relates to, arises from or is based upon any of the matters
described in this Paragraph 35 . This obligation shall survive
the expiration or earlier termination of this Lease, the
discharge of all other obligations owed by the parties to each
other, and any transfer of title to the Premises (whether by
sale, foreclosure, deed in lieu of foreclosure or otherwise) .
SUCCESSORS AND ASSIGNS:
23 . The provisions of this Lease shall be binding upon
and inure to the benefit of the parties hereto and their
respective successors and assigns .
NOTICES:
24 . Any notice which any party hereto may be required
or may desire to give hereunder shall be deemed to have been
given when delivered personally to the addressee specified below,
or when deposited in the United States mails, postage prepaid, by
United States registered or certified mail, return receipt
requested, addressed, in the case of Lessee to:
THE CITY OF ELGIN
160 Dexter Court
Elgin, Illinois 60120
Attention:
2
•
and in the case of the Lessor, to: ST. EDWARD CENTRAL
CATHOLIC HIGH SCHOOL
100 Perry Street
Elgin, Illinois 60123
Attention: Superintendent
or to such other address or addresses the party to be served with
notice may have furnished in writing to the party desiring to
serve notice as a place for the service of notice, provided that
no change in address shall be effective until ten ( 10) days after
mailed in the manner provided above to the other party.
INCONSISTENCIES:
25 . To the extent that the provisions of the Rider are
inconsistent with the printed provisions of this Lease, the
provisions of the Rider shall prevail.
LESSEE: LESSOR:
CITY OF ELGIN ST. EDWARD CENTRAL
CATHOLIC HIGH SCHOOL
BY: . � r B.-4444
0
4 I,
11 ' Thomas G. Doran, President`'
//' Attest
By:
arles . McNamee,
Secretary
3
Sample Disclosure Format for Target Housing Rentals and Leases
Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards
Lead Warning Statement
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can
pose health hazards if not taken care of properly. Lead exposure is especially harmful to young
children and pregnant women. Before renting pre-1978 housing, landlords must disclose the
presence of known lead-based paint and lead-based paint hazards in the dwelling. Tenants must
also receive a Federally approved pamphlet on lead poisoning prevention.
•is Disclosure (initial)
. ,(a) Presence of lead-based paint or lead-based paint hazards (check one below):
00.114" El Known lead-based paint and/or lead-based paint hazards are present in the housing
(explain).
Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the
housing.
(b) Records and reports available to the lessor (check one below):
nLessor has provided the lessee with all available records and reports pertaining to lead-
based paint and/or lead-based paint hazards in the housing (list documents below).
n Lessor has no reports or records pertaining to lead-based paint and/or lead-based
paint hazards in the housing.
Lessee's Acknowledgment (initial)
(c) Lessee has received copies of all information listed above.
(d) Lessee has received the pamphlet Protect Your Family from Lead in Your Home.
Agent's Acknowledgment (initial)
(e) Agent has informed the lessor of the lessor's obligations under 42 U.S.C. 4582(d) and
is aware of his/her responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their
knowledge, that the inform tion rovided by the signatory is true and accurate.
/ 1� it
- .o / / 4/a7 ate Lessor Date
L•s e Date Lessee Date
Agent Date Agent Date