00-154 Resolution No. 00-154
RESOLUTION
AUTHORIZING EXECUTION OF A LEASE AGREEMENT
(128 Perry Street)
'
BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Mana er, 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 128 Perry 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 14, 2000
Adopted: June 14, 2000
Omnibus Vote : Yeas 7 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
Resolution No. 99-136
RESOLUTION
AUTHORIZING EXECUTION OF A LEASE AGREEMENT
( 128 Perry Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby
authorized and directed to execute a written lease agreement
with St. Edward Central Catholic High School for the premises
commonly known as 128 Perry Street, Elgin, Illinois, a copy of
which is attached hereto and made a part h reof by reference.
s/ Ed Schock
Ed Schock Mayor
Presented: April 28, 1999
Adopted: April 28, 1999
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
(
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City of Elgin Agenda Item No.
"7, Or, 1111 :7
April 7, 1999
TO: Mayor and Members of the City Coincil
FROM: Joyce A. Parker, City Manager
SUBJECT: ROPE Lease Agreement, 128 Perry treet
PURPOSE
The purpose of this memorandum is to proi'ide information for
the Mayor and City Council to consider entering into a lease
agreement with St . Edward High School for a ROPE site at 128
Perry Street .
BACKGROUND
The Police Department will maintain a reidence at 128 Perry
Street for a Resident Officer for the near westside neighbor-
hood. Recently, the Resident Officer moved from 152 Elm Street
rft. to 128 Perry Street . Both properties are owned by St . Edward
High School . The administration of St . Edward High School has
offered the new lease at $900 per month, a $100 increase over
the previous housing at 152 Elm. Staff ha S been unable to find
similar housing in this ROPE area without an increase in rent
of $200 to $300 per month. The house at 128 Perry is available
until the year 2001, at which time St . Edward High School
plans to expand. The Elgin Board of Realtors, was contacted
and concurs that the rent of $900 per mcnth is a good value
for this piece of property.
GROUPS/INTERESTED PERSONS CONTACTED
The near west neighbors concur with the new location of the
ROPE house at 128 Perry Street .
FINANCIAL IMPACT
Approval of this lease will increase pr sent budget by $800
this fiscal year (budget line item - 010- 304-731 . 43-03) . This
represents an increase of $100 per month from May 15 through
December 15, 1999 . The new rent amount will be used in
developing future years ' budgets .
4/'LEGAL IMPACT
erone .
ROPE Lease Agreement
April 7, 1999
Page 2
ALTERNATIVES
Staff may be directed to find alternate housing at a lower
cost, which does not seem likely at this time .
RECOMMENDATION
It is recommended that the City Council approve the lease
agreement between the City of Elgin and St . Edward High
School .
a .
'ice
sub ' tted,
'ice Parker
City Manager
JAP/mf
•
rft
AESIDE' LEASE No. 14 - -
DIEPt 4CF. OLCI FORMS 14 AND 140) FEBRUARY,1904 LEGAL FORMS
l . .
RESIDENCE LEASE
CAUTION:Corin•lawyer beton wino a idi n urrla Ihh lam,NOW M.Pvbllthit not INr i 01 inti kmmaws any warranty with nspact tram°,ihca,dwr
;np any wanty ormarcha&abiIIy orlitnass la a particular purpose,
DATE OF LEASE TERM OF LEASE I RENT SECURITY DEPOSIT•
BEGINNING ENDING $.343r r
3
May 15, 1999 May 15, 2000 $9900(5o.2000 tQ None
*IF NONE, WRITE "NONE"; Paragraph 2 of this Lease then INAPPLICABLE. 1
LESSEE LESSOR
ME . City of Elgin NAME • . St. Edward Central
150 Dexter Court, Elgin, IL 50120 Catholic High School
DRESS OF • ADDRESS ' : 335: Locust St.
EMISES •
128 Petry Street CITY Elgin, IC 60123
TY . 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.
on the 15th
RENT 1. Lessee shall pay Lesser 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.
SECURITY 2. � .M.6li .-Fit'fidc ZiWf(ri 57t0t13LrSRUrr1tY,D'e`P 3i`F4faffdrrltASC IS c`ClitRi ffv"F l'r` e'lli.itii3'uM IST-
DEPOSIT
iTDEPOSIT )•stKrouctt2tncs>`at 1wcHHtiiscesmI X xs`c;2i�ifCY.t�ltittiaxts %�StSKtftajr TIsHy=YtitocaKiitits 11yitli461F�a Kff€'1I
xhumoffrx r mt3otnricxlntttsu Szit'6fzsnnfranctrs�serootiport smtlnfatitsr�tsktit )taus sxtidfliilf t tft-tlistaititc
){>A11 ,f t 4i>�f6xdbSig/Sti�ff,xlib'fi%., Ft'clt; retiU01c6 ISNS2 all-lty176 nclf a iliA fs`tlithy4Slic* ih'fiPb -.6t11fn&d:
)t ogxazr;Q1>lxr3taar-O: of inctr2.1 iC KUIXWAYXrscgasrxitticasExnd:xxatp1CXSC MitiffiVIWCHIfr:3t3xffitIlti.
CONDITION 3. Lessee acknowledges that the Premises arc 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 least, that arc not herein expressed.
REPAIR 4. The Lessee covenants 4nd agrees with Lessor to take good care of and keep in clean and healthy
condition the Premises and the'r fixtures, and to commit or suffer no waste therein; that no changes or
alterations of the Premises shat be made or partitions erected, nor walls papered without the consent in
writing of Lessor; that Lessee ill make all repairs required to the walls, windows, glass, ceilings, paint,
plastering, plumbing work, pipe, and fixtures belonging to the Premises, whenever damage or injury to the
same shall have resulted from isuse or neglect; and Lessee agrees to pay for any and all repairs that shall
be necessary to put the Premiss 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.
I
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 be 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 corning 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.
LEssarZ S///ILL N"1 ase rife- rgi'/U'JCS
USE; 6. - •• c rate of
u
SUBLET; i+- - 'hare^^ - for any purpose other than that hereinbefore specified, nor to be occupied, in whole
ASSIGNMENT . or in part, by any other perso , and will not sublet the same, or any part thereof, nor assign this lease,
without in leach case the Less is written consent had, and will not permit and transfer, by, operation of
law, of the interest in the Pre ises acquired through this lease; and will not permit the Premises to be 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 nimals or pets in or about the Premises; will not permit the Premises to
remain vacant or unoccupied or more than ten consecutive days; and will not permit any alteration of or
upon any part of the Premises,Il 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 ssor may sec fit; and if a sufficient sum shall not be thus realized, after
paying the expenses of such r -letting and collecting, to satisfy the rent hereby reserved, the Lessee agrees
to satisfy and pay all deficient ,
HOLDING 8. If the-lett retAinsl-possassion-of--tits-P-poetises-of-any.-pari-thereof-after-the-termination-of-th
OVER term by lapse of time. or other{vise, then the Lessor may at Lessor's option within thirty days 1 er-
mination of the term serve written notice upon Lessee that such holding over con ' • cr (a) renewal
of this lease for one year, and from year to year thereafter, at doubt 1 al specified under Section l
for such period, cr (b) crcatn of a month to month to , on the terms of this lease except at,double
the monthly rental specified under Secti , c) creation of a tenancy at suffera ce, at a rental of
$40.00 .Ila cr day for the time Lessee remains in possession. If no such written notice
is serve - enancy at su trance with rental as stated at (c)• shall have been created. Lessee shall also
p� �sor--all--damages-suitained-by-Lessor regulon$--fgom-r-atention-of-posbtission-by-Lassa!':
FLAMMABLES 9. Naphtha, benzine, mole, gasoline, benzine-varnish, Nunn fireworks, nitroglycerine, phos-:
phorus, saltpeter, nitrate of s a, camphene, spirit-gas, or any flammable fluid or oil, shall not be allowed
or used on the Premises with ut the written permission of the Lessor.
TAXES AND 10. Lessee shall pay (jri 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,
Iand in case no water taxes arc levied specifically on or in respect of the Premises, to pay the
part of all water taxes levied or charged on orin respect of the building of which the Premises constitutes
a part; and 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.
2OMPLIANCE . 12. Lessee will in every pest comply with the ordinances of the municipality aforesaid, with the
rules and orders of the health offI cars 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 dsf tlt-bo--made-i o--p yment•-o •: . -- - • e .r-t--thcr-cof-or-41-any-o he
covenants herein contained to be kept by Lessee, it shall be lawful for Lessor at any ti • ' c cction,
without notice, to declare said term ended and to re-enter the Premises • t ereof, with or with-
out process of law, and to remo''c Lessee or any persons a. • • t e same, without prejudice to any
remedies which might otherwise be used fo • - o rent, and Lessor shall have at all times the right
to distrain for rent due and sh valid and first lien upon all personal property which Lessee owns
or may hcrcafte acqu' or hay. an interest in, whether exempt by law or not, as security for payment of
CONFESSION 14 Tbr• T rccre lu•reby irrrvncably constitutrc :in • .. • . • • . •
torncy for Lessee in Lessee's nan e, on default by Lessee of any of the covenants herein • •mplaint
made by Lessor, his agent or assigns, and filed in any such court to enterearance in any such court
of record, waive process and service thereof, and cop '..: ant, from time to time, for any rent which
may be due to Lessor, or the Lesio ' • - , sy the terms of this lease, with costs and a reasonable sum
for attorney's fees •• • ye all errors and all right of appeal from said judgment, and to consent in writ-
• RENT
A14-1. 15. After the service of ncticc, 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, dr said judgment.
FIRE AND 16. In case the Premises hall be rendered untenantable by fire or other casualty, Lessor may at his
CASUALTY option terminate this lease, or re air the Premises within thirty days, and failing so to do, or upon the de-
struction of the Premises by fire, e term hereby created shall cease and determine.
PAYMENT
OF COSTS .. ... .. .•-- - - - . . .• ; . _ - • f
this lcsse.
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 sev�rally 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 Residence Lease.
WITNESS the hands and seals of the parties hereto, as of the Date of Lease stated above.
•
CITY . ELGIN Catholic Diocese of Rockford for St. Edward
Central Cath.lic High ` hool
B • By P• .e 0 S (SEAL)
I Ci 1 Manager - +- —_•••. 0;7 _ _ _n, President
Attest: (SEAL)
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_—khlc 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 Kase, and the rent thereby secured
IC •
WITNESS hand and seal this... day of I , 19
(SEAL)
_..— lsrncl
NOTE: Use Form Number 12-1 for assignment by Tens
. % •
RIDER ATTACHED TO AND MADE A PART OF RES DENCE LEASE DATED
ilkAi 15— 2000 , BETWEEN ST. EDWARD CENT L CATHOLIC HIGH
SCHOOL, LESSOR, AND THE CITY OF ELGIN, LESSEE .
SNOW REMOVAL AND LAWN CARE :
20 . Lessee shall be responsible for all snow removal and
lawn care required to keep the Premles and adjoining
sidewalks, driveways and driveway approac es in a neat and
orderly condition. *
SUCCESSORS AND ASSIGNS :
21 . The provisions of this Lease sh .11 be binding upon
and inure to the benefit of the partie6 hereto and their
respective successors and assigns .
NOTICES :
22 . 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 Sates mails, postage
prepaid, by United States registered or cetified mail , return
receipt requested, addressed, in the case of Lessee to:
THE CITY OF ELGIN
150 Dexter Court
Elgin, Illinois 60120
Attention: Legal Department
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 wr . ting to the party
desiring to serve notice as a place for t e service of notice,
provided that no change in address shal be effective until
ten (10) days after mailed in the manner provided above to the
other party.
* 0
HOLDING OVER
23 . If Lessee retains possession of t'ie Premises or any
part thereof after the termination of thell term by lapse of
time or otherwise, then such holding over shall constitute
creation of a tenancy at sufferance, at a rental 4A—milema.o per 114:Z1701-frvvi
rfor the time that Lessee remains in possessi
Ckav,06.(c (k--)1 p.1 ft'Ateln ti".°9" feL4 -1315-114-11 onovir.
INDEMNIFICATION
24 . The City of Elgin hereby holds harmless St . Edward
Central High School from any liability for ll injuries or damage
to property occurring as a direct result of any negligent act
or omission of the ROPE officer residing at the subject
prefftises during the conduct of official police business by
such ROPE officer inside the rental preises at 128 Perry
Street . This agreement shall not be Construed so as to
constitute a special duty to provide police services to lessor
or any other third party, nor a requirement that the City of
Elgin shall pay any attorney' s fees .
TERMINATION:
25 . Either party hereto may terminate this lease for any
reason upon ninety (90) days written notice without penalty.
INCONSISTENCIES :
26 . To the extent that the provisions of the Rider are
inconsistent with the printed provisions 1 of this Lease, the
provisions of the Rider shall prevail .
PRIOR LEASES :
27 . This lease agreement shall supersede and terminate
all prior leases between the parties hereto for the property
which is the subject of this agreement or the property
commonly known as 152 Elm Street, Elgin, Illinois .
LESSEE : LESSOR:
CITY OF ELGIN CATHOLIC DiOCESE OR ROCKFORD
FOR ST. EDSARD CENTRAL
CATHOLIC HIGH SCHOOL
BY _ By
It ici t 1 Manager
. t
Attest : Attest :
By By
City Clerk Secretary
. a
•
RIDER
TO RESIDENCE LEASE D LTED
111 `1 I S-2000, BETWEEN
ST. EDWARD CENTRAL CATHOLIC HIGH SCHOOL,LESSOR,
AND THE CITY OF ELGIN, IESSEE.
f
The terms of the lease shall be extended on a month to month basis, beginning
on May 16, 2000, and each party shall have the right to terminate the lease by
giving at least one months prior written notice to the other party.
All terms remain in,force including rent payment in the amount of$900.00 ,
per month.
•
Lessee: Lesson:
City of Elgin St. Edward Central
Cathoic High School
By By � � . � ,� COI
Its City Manager Dr Geo ge . . ,Superinteudapt.,,q.-
CFEOIAL SEAL
jU )T;I :.i SPIES
NOTARY FjK:C, STATE E OF ILLINOIS'S
MY COAT:.;;;S;ON EXF!7iES.03/03/03 t
Attest: Attest:
•
By B _ '.
City Clerk 1 Secretary