00-252 Resolution No. 00-252
RESOLUTION
AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH
NEIGHBORHOOD HOUSING SERVICES OF ELGIN
(58 S . Jackson)
BE IT RESOLVED BY THE CITY COUNCIL dF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna
Mecum, City Clerk, be and are hereby respectively authorized
and directed to execute a written lease agreement with
Neighborhood Housing Services of Elgin for the premises
commonly known as 58 S . Jackson, Elgin, Illinois, a copy of
which is attached hereto and made a part hereof by reference.
s/ Ed Sciock
Ed Schock, Mayor
Presented: November 15, 2000
Adopted: November 15, 2000
Omnibus Vote : Yeas 7 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
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OF qcsz
City of Elgin Agenda Item No. a
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October 16, 2000
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TO: Mayor and Members of the City Council N ;
SAFE COMMUNITY
FROM: Joyce A. Parker, City Manager
SUBJECT: Rental Agreement with Neighborhood Housing Services
(NHS) 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 NHS for a house for a Resident Offier.
BACKGROUND
In 1999 the Near West Officer moved to a residence owned by St .
Edward Central Catholic High School . Sine that time, St. Edward' s
has moved forward with plans for expansion which entails the
Resident Officer residence being razed for their expansion. The
Police Department, working with Neighorhood Housing Services,
began looking for a suitable residence fOr the officer in the Near
West boundaries that would work within NHS guidelines of
rehabilitating properties . A residence was located at 58 South
Jackson and the property was acquired lol NHS in September. This
property is currently a two-unit and is in the process of
reconverting to single family. The prop rty was formerly owned by
Jim and Leanne Freedman, 74 South Jacks;n, Elgin. The estimated b
rehabilitation costs are $38, 500, with anticipation of receiving
$20, 000 in return from the City for the ' reconversion to a single
family unit. It is a two story with adeciLate room for office space
and residence, located centrally to the near West Resident Officer
boundaries . The Police Department is satisfied the property will
suit the mission of the Resident Officer Program in the serving
neighborhood. The Police Department determined through an Elgin
realtor, who confirmed that the rent ardount was fair and within
market value for this property, in lEhis neighborhood. The
negotiated lease is for a one-year period of time with allowances
beyond the initial period for continued rent on a month-to-month
basis . Upon termination of the residence use for a ROPE officer,
the property will remain the property of NHS .
Residence Officer Rental Agreement
October 16, 2000
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
With the assistance of NHS the residence was identified to serve
the needs of the program. The Near West Neighbors were contacted
and are in agreement with the location of the ROPE residence.
^��n�„ /n LEGAL IMPACT
I I I�'
None.
016%
FINANCIAL IMPACT
A lease agreement provides for a monthly rent of $1, 200 . 00 .
Sufficient funds were approved in the 2000 Budget plan, with
sufficient funds also being designated in the proposed base budget
plan for 2001 . The projected date to initiate the rental is
November 1, 2000 with the lease to run through October 31, 2001.
Projected rehabilitation work is anticipated to be sufficiently
t completed by November 1, 2000 for the officer to take residence
while work continues until completion. This expenditure will be
made out of account number 010-2308-731 . 43-03, Buildings .
ALTERNATIVES
The City Council could reject the lease for the residence and
require the Police Department to look for another location.
RECOMMENDATION
It is recommended that the City Council authorize the City Manager
to enter into this lease with Neighborhood Housing Services of
Elgin.
Respectfully submitted,
J e A. ?arker
City Manager
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RESIDENCE LEASE
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DATE OF LEASE __. TEnmop LEASE RENT SECURITY DEPOSIT
BEGINNING ENDING
November 1, 2000 November 1, 2000 October 31,2001 $1200 Monthly None
LESSEE LESSOR
CITY OF ELGIN NEIGHBORHOOD HOUSING SERVICES OF ELGIN
58 SOUTH JACKSON 300 DOUGLAS AVENUE
ELGIN, IL 60123 ELGIN, IL 60120
In consideration of the mutual covenants and agreements herein stated, Lessor hereby leases to Lessee and
Lessee hereby leases from Lessor for a private dwelling the house designated above (the "Premises"), together with the
appurtenances thereto, for the above term.
RENT 1. Lessee shall pay Lessor or Lessor's agent as rent for the Premises the sum stated
above in the box designated ^RENT^, monthly in advanoe, until termination of this lease, at
Lessor's address statd aboveorsuchothereddnossmnLnsoornnaydnaignadeinwhdny The
first payment is due or or before November 1, 2008 and subsequent payments on the first day of
each succeeding month.
CONDITION
OF PREMISES 2. Lessee ackiiowledges that the Premises are in good repair, except as herein otherwise
specified, and that no representationsau1o1h000ndihonornapair1heneofhavabeanmadeby1he
Lessor, or Lessor's agent, prior to or at the execution of this lease, that are not herein expressed.
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REPAIR 3. 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 enactod, 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 fixtes b | i 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 ondition 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.
LIMITATION
OF LIABILITY 4. Except as noquired by Illinois statute, the Lessor shall not be liable for any damage
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occasioned by failure tw keep the Premises in repair, and shall not be liable for any damage done
or occasioned by orhorn p/unmbing, gas, water, steonn, or other pipes, oeweragu, or the bursting,
leaking or running from any do\omm, tank, wmahs1ond, water closet or waste pipe in, abovo, upon
or about the Premises, nor for damnuga occasioned by wator, snow or ice, being upon or coming
through the roof, i trap door or otherwise, nor for any da/naga arising from acts of neglect
ofany ownemoroununants ofadjacent o,contiguous property.
RIGHT TO
RELET 5. If Lessee shall abandon or vacate the Pnomisou, the same shall be re-let by the Lessor
for such rent, and upon such terms as Lessor may see fit; and if a sufficient sum shall not be thus
realized, after payinexpenses of such re-letting and collecting, to satisfy the rent hereby
reserve, the Lessee agrees to satisfy and pay all deficiency.
HOLDING
OVER G, If the Les |ai//upossession of the Prennisesurany pu�thereof after the
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termination of the term y lapse of time or otherwise, then such holding over shall constitute the
creation of a month to mon\h tenancy upon the terms of this lease.
FLAMMABLES 7. Naph\u, bonZinu, bonzo|u, gasnUna, baozine'vunnish, gunpowder, fireworks,
ndrog|yoehne, phusphomus, saltpeter, nitrate of soda, camnphone, spiht-gus, or any flammable fluid
or oil, shall not be aIlowd or used on the Premises without the written permission of the Lessor
provided, however, that firearms and ammunition therefore shall be permitted.
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TAXES AND
UTILITIES 8. Lessee h U pay (in ddhi to the \ above specified) all watertaxes and all gas,
electricity and power bills, levied or charged on r in respect of the Premises, for and during the
term of this lease, and in case no water taxes a e levied specifically on or in respect of the
Premises, to pay the part of all water taxes levied or charged on or in 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 snail 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 (hereafter under the lease.
SIGNS 9. 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 a\ any time duhqgthe term u/this lease.
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RENT AFTER
NOTICE OR
SUIT 10. After the service of notice, or the cont of a suit, or after final judgment for
possession of the Premises, the Lessor may receive and collect any rent due, and the payment of
said rent shall not waive or affect said notioe, said suit, or said judgement.
FIRE AND
CASUALTY 11. In case the Premises h U be rende d untenantable by fire or other casualty, Lessor
may at his option terminate this lease, or repaiPremises within thirty days, and failing so to
do, or upon the destruction of the Premises by fi e, the term hereby created shall cease and
determine.
PAYMENT
OF COSTS 12. Except as provided by Illinois law, the lessee further covenants and agrees to pay
and discharge all reasonable costs and expenses that shall be made and incurred by Lessor in
enforcing the covenants and agreements of this lease.
PLURALS;
SUCCESSORS 13. The words "Lessor" and "Lessee" wherever herein occurring and used shall be
construed to mean "Lessors" and "Lessees" in case more than one person constitutes either party
to this |ease, and all such persons shall bejointly and severally liable hereon; and all the
covenants and agreements herein contained ohu I be binding upon, and inure to, their respective
oucoossoru, hoirs, mxeoutom, administrators and ssigns and be exercised by his or their attorney
or agent.
SEVERABILITY 14. If any clause, phrase, provision or poffion of this lease or the application thereof to
any person or circumstance shall be inva|id, or unenforceable under applicable law, such event
ohoUnot uUoct. inopairnrrender invuUdurununfo b| theu/this |easnnu,aoyothe/
clause, phcooe, provision or portion hereof, nor | it affect the application of any clause,
provision orpo�innhereof toother pesonsorcircumstances.
VENUE FOR
RESOLUTION 15. Venue for the resolution of any disputes and the enforcement of any rights arising out
of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois.
WITNESS the hands and seals of the parties horeto, as of the Date of Lease stated above.
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