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02-122 Resolution No. 02-122 RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT (275 McClure) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim City Manager, be and is hereby respectively authorized and directed to execute a written lease agreement with Neighborhood Housing Services of Elgin for the premises commonly known as 275 McClure, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ Ed S hock Ed Schoc , Mayor Presented: March 27, 2002 Adopted: March 27, 2002 Omnibus Vote: Yeas : 5 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk . • ^ FESIDENCE LEASE DATE OF LEASE TERM LEASE RENT SECURITY DEPOSIT BEGINNING ENDING February 1,2002 February 1.000u February 1,2003 i $1300 Monthly None LESSEE LESSOR CITY OF ELGIN NEIGHBORHOOD HOUSING SERVICES OF ELGIN 275 McCLURE 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 shallipay Lessor or Lessor's agent as rent for the Premises the sum stated above in the box desigated ~RENT~. mondhlyinadvonoe. unb| banninadonofthio\maoe. at Lessor's address stated above or such other address as Lessor may designate in writing. The first payment is due on or before February 1, 2002 and subsequent payments on the first day of each succeeding month. CONDITION OF PREMISES 2. Lessee acknowledges that the Premises are in good r3pair, except as herein otherwise specified, and that no representations as to the condition or repair thereof have been made by the Lessor, or Lessor's agnt, prior to or at the execution of this lease, that are not herein expressed. REPAIR 3. The Lessee covenants and agees with Lessor to take good cz..re of and keep in clean and healthy condition thePremismsandtheirfintunyo. andt000mnoitornuffernovvostetkerein; 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 al! repairs required to the vva||a, vvindowa, glass, ooi|inga, paint, p|astehng, plumbing work, pipea, and fixtures belonging to the Premises, henev damage or ijury to the same shall have resulted from misuse or neglect; ato pay for any and al repairs that shall be necessary to put the Premises in the sal ndidonasvvhonhaente/-edthenain. reaaoneb|avveorand |oonby5re excepted, and the exOense of such repairs shall be included within the terms of this lease. LIMITATION OF LIABILITY Illinois to the Lessor ha|| notb liable foany damage occasioned by 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 frorn 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 of neglect of any owners or occypants of adjacent or contiguous property. RIGHT TO RELET 5. If Leabandon or vacate the Pnamines, the same shall be re-let by the Lessor for such rent, and u"�nsuch terms aaLessor may see fit; and �asuMicientsum shall not bethus realized, a�erpaying � the expenses of such re-Ic ing and collecting, to satisfy the rent hereby reserve, the Lessee grees to satisfy and pay al deficiency. HOLDING OVER 6. If the Les ee retains possessionQfthePnmmioeao[anypartthenoofmftarthe termination of the te by lapse of time or otherwise, then such holding over shall constitute the creation of a month tb month tenancy upon the terms of this lease. FLAMMABLES 7. Nhta, b nzine benzole, g�so|ine. benzine-varnimh. gunpov�der. �reworks. nitroglycerine,| iurany flammable Uuid nitrateofopd�. camphene, spirit-gas, or oil, shall not be aor used on the Premises without the written permission of the Lessor provided, however, hat firearms and anmunition therefore shall be permitted. . - — . TAXES AND UTILITIES 8. Lessee h U pay (in ddii the electricity and power bills, levied or charged on or in respect of the Premises, for and during the term of this lease, and in case no water taxes are leyied 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 s id water taxes and gas, electricity and power bills shall not be paid when due, Lessor shall ave the right to pay the same, which amount so paid, together with any sums paid by Les or 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 the lease. SIGNS 9. Lessor reserves the right to put up a "To ign sixty days prior to the expiration of this lease and a "For Sale" sign at any trne during tle term of this lease. RENT AFTER NOTICE OR SUIT 10. After the service of notice, or the comm4ncement of a suit, or after final judgment for . possession of the Premises, the Lessor may receiand collect any rent due, and the payment of said rent shall not waive or affect said nodce, said uwi[ or said judgement. FIRE AND CASUALTY 11. In case the Premises shall be rendered ntenantablebyfireorothercasuo|ty. Lennor may at his option terminate this lease, or repair the remisesl,vithin remises',vithin thirty days, and failing so to do, or upon the destruction of the Premises by fire, he term hreby created shall cease and determine. PAYMENT OF COSTS 12. Except as provided by Illinois aw, the lsseeee further covenants and agrees to pay and discharge all reasonable costs and e;:penses that shall be made and ncurred by Lessor in enforcing the covenants and agreements of this leae. PLURALS; SUCCESSORS 13. The words"Lessor" and"Lessee"wherever herein occurring and used shall be construed tomean ^Lassors^ and'Lessees" in than Ut ba either ady to this lease, and all such persons shall be jointly arid severally//ob/ehsveon; ondaUthe covenants and agreementherein contained shall e binding upon, and inure to, their respective successors, heirs, executors, administrators and a signs and be exercised by his or their attorney or agent. SEVERABILITY 14. If any clause, phrooa, provision or portion of this lease or the application thereof to any person or circumstance shall be invalidapplicable such event shall not affect, impair or render invalid or uunenforcable the remainder of ths lease nor any other clause, phrase, provision or portion hereof, nor sha shal it affect the application of any clause, phrase, provision or portion hereof to cther person or circumstances. VENUE FOR RESOLUTION 15. Venue for the resolution of any dispte 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 heretb. as of the Date of Leasstated above. ' — �.��•N� �m��� T���� __ ` _~_� ��~Z*t~-��1� ' ^ Leuae' gnatureDate ' 8 Date l ~=� ii- / / U �� .��-.�� ~/ .' ~ ~~ ^_ ° Lz or Signature Date . ., .(OF 6, H 11 Agenda City of Elgin Item No. 10' ' E March 8 , 2002 GI hili TO: Mayor and Members of the City Council N II[ #1 FROM: Olufemi Folarin, Interim City Manager SAFE COMMUNITY SUBJECT: Lease Agreement with Neighborhood Housing Services for a House for a Resident Officer PURPOSE The purpose of this memorandum is to prol;ide the Mayor and members of the City Council with information to Consider a lease agreement with Neighborhood Housing Services (NHS) tor a house for a Resident Officer. BACKGROUND In the 2001 budget year, a Resident Offic r position was authorized mid-year for the Grant Park Neighborhood. The neighborhood was ridentified by the Police Department as having the greatest need in the City for an officer to reside there to address needs . In late spring of 2001, efforts were initiated to identify a property that would suit the needs of the neighborhoOd, the City, the Police Department and officer, and followed the mission of Neighborhood Housing Services . In the fall, the pr perty at 275 McClure was determined to meet those needs and wa acquired by NHS. The property was converted from a multi-fa ily to a single family building. It now has five bedrooms, and a two-car plus, large garage. The building lends itself suitable to the Resident Officer assignment, with an office area with separate entrance located to the front of the residence . The Police Department is satisfied the property will suit the mission of the Resident Officer Program in serving the neighborhood. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The Grant Park Neighbors were contacted and are in agreement with the location of the ROPE residence. if/A,!INANCIAL IMPACT A lease agreement provides for a monthly rent of $1300 . Sufficient funds were approved in the 2002 budget . The expenditure will be made from the General Fund, Police Department Budget - Buildings, account number 010-2308-731 .43-03 . NHS Lease for Resident Officer March 8, 2002 Page 2 EGAL IMPACT A lease has been reviewed and approved. 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 xecute the one-year lease with NHS for a monthly lease amount of $i, 300 . Respectfully submitted, 411t Olufemi Okari • Interim Ci)y Manager jl/dr