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03-318
Resolution No. 03-318 RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT (250 River Bluff Road) 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 Jay W. Goedert for the premises commonly known as 250 River Bluff Road, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: November 19, 2003 Adopted: November 19, 2003 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk Copyright,2002 No. 201 Prepared by American Legal Forms,Inc. APARTMENT LEASE Robert A. Boron Chicago,IL 312-332-1922 Unfurnished 30 N. LaSalle,Chicago Rev. January,2002 312-263-7825 Lead Paint Disclosure Included DATE OF LEASE TERM OF LEASE MONTHLY RENT SECURITY DEPOSIT 1 _BEGINNING T- — —_ ENDING --.---- — - —Zoo3 r/� _ 2003 3 - 31 -2oo4� )Z oo. CO TENANT: LANDLORD: NAME: Ck Q r':- c% V\ t l tNe lS G. NAME: /� W Cir cR ai�irc � T Y 7 o Eli ERT' ►v‘Uft1 P ADDRESS: 1 7 A/GLE'1.A/oob L.A AlE PREMISES Z 5 o R/ "ER, 3LuFF Rb. CITY: ADDRESS: EL /N1 =L,L/n/d/-s CITY: EL C7 /'J� ='LL_ /A/ O !S oD /LO CO/ao In consideration of the mutual agreements and covenants herein contained,Landlord hereby leases to Tenant,and Tenant hereby leases from Landlord,for use as a private apartment,the Premises identified above,together with the fixtures,appliances,facilities and appurtenances belonging thereto,for the Term set forth above. ADDITIONAL COVENANTS AND AGREEMENTS (if any). U riL / 7 /Es /44E G RESPon/s1 3/c_ / 7—y ©F 7-1-71E TE..i4n/T R ENT / 5 buE THE FIR ST- Cr -T7-1 E. Nl0 r17-i4.__ TENA LANDLORD: At IA.- Lead Paint Disclosure (for housing building prior to 1978) 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 managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Lessors must disclosure the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention. Lessor's Disclosure (a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or(ii) below): (i) Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). (ii) X 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 (i) or(ii)below): (i) Lessor 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). (ii) X Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Lessee's Acknowledgement(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 Acknowledgement (initial) (e) Agent has informed the Lessor of the Lessor's obligations under 42 U.S.C.4852(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 information they have provided is true and accurate. 1- 0417:111 \ Lessor Date - Less/ Date Lessee Date Lessee Date Agent Date Agent Date LEASE COVENANTS AND CONDITIONS 1. RENT: Tenant shall pay Landlord, or Landlord's agent, as rent for the 4. CONDITION OF PREMISES: Tenant's taking possession of the Premises in the sum stated above, on the first day of each calendar Premises shall be conclusive evidence of Tenant's receipt of the Premises month, in advance, at Landlord's address stated above or as Landlord in good condition except as otherwise specified, in writing, in the lease.The may designate in writing. All sums due and payable under this lease Tenant agrees that no representations as to condition or repair have been shall be deemed to be rent. made by the Landlord or his agent,nor any promise to decorate,alter, repair 2. LATE CHARGES: A charge in the sum of$ n shall be or improve the Premises unless expressly written in this lease. immediately due and payable by Tenant for each installment of rent not 5. LIMITATION OF LIABILITY: Except as provided by state or local law or paid by the tenth day of the month to which such installment of rent applies. ordinance, Landlord shall not be liable for any damage(a)occasioned by Any dishonored payment shall constitute a late payment retroactive to the failure to keep Premises in repair;(b)for any loss or damage of or to Tenant's date of tender by Tenant, and Tenant shall pay, as additional rent, $50.00 property wherever located in or about the Building or Premises,or(c)acts or for each dishonored payment. neglect of other tenants,occupants or others at the Building. • - • • - 6. USE OF PREMISES: Tenant will not allow Premises to be usecl**for-erty— 7. ASSIGNMENT OF LEASE: Except as provided for under any applicable 19. SURRENDER OF POSSESSION OF PREMISES: The Tenant shall surrender statute or ordinance, the Tenant shall not assign this lease, or sublet the possession,and keys,of said Premises,promptly upon termination of this lease, Premises, voluntarily or by operation of law, excepting that in the event of whether by reason of breach or expiration, with the Premises being in Tenant's death,Tenant's family may continue to occupy saidremises, until substantially the same condition as when Tenant assumed possession thereof,ordinary the expiration or termination of the lease, by breach or by its�erms. wear and tear excepted. 8. NO DISTURBANCE OF OTHER TENANTS: The Tenant agiJees not to play 20. OCCUPANCY REQUIRED: Tenant agrees not to abandon said Premises, nor radios,televisions,stereo equipment,or any musical instruments,or trtake noise that permit the Premises to remain vacant or unoccupied for a period of time which will disturb other Tenants or occupants in the Building. The Tenant shall not cause could he construed as abandonment under state or local law or ordinance. or permit any damage to the Premises or property of Landlord or of any other 21.REMEDIES CUMULATIVE: Landlord's remedies as provided herein are person at the Building. cumulative in nature and shall be in addition to,and not in lieu of,any and all other 9. APPLIANCES: 'tenant shah not install or maintain in the Premises or in any part remedies granted to Landlord by any state or local law or ordinance. of the Building,any air conditioning,hearing or cooling equipment,dishwashers or disposals, 22.IN CASE OF CASUALTY: In case the Premises,Building or any part thereof shall clothes washers, dryers or other appliances or equipment without first obtaining be rendered unienantable by fire,explosion or other casualty,the respective parties Landlord's written consent.Tenant shall use all appliances,only tfor the purposes, hereto shall have all the rights provided by state or local law or ordinance. For the and in the manner,for which said appliances are intended,and shall l:eep all of same purposes of this section, Landlord's good faith efforts to obtain insurance in clean condition. adjustments, settlements or awards to obtain sufficient funds to pert'orm repairs 10. CARE OF PREMISES: 'Tenant agrees to(I)maintain the Premiss in compliance required due to fire,explosion or other casualty shall be deemed diligent efforts to with the applicable municipal code;(2)keep the Premises in a clean and safe condition; repair the Building within a reasonable time. (3)dispose of all rubbish,garbage and waste safely and cleanly;(4,1 keep plumbing 23.SMOKE AND CARBON MONOXIDE DETECTORS: Tenant acknowledges that fixtures in a clean condition:(5)use electrical,plumbing,sanitary,he ting,ventilating, at the time of obtaining possession of the Premises,all smoke detectors and carbon air conditioning,elevators and other facilities provided in the Building reasonably monoxide detectors required to he installed in the Premises have been installed and and for the purposes intended;(6)not deliberately or negligently destroy,deface,damage are in good working order.Tenant agrees to repair and maintain the smoke detector or impair any part of the Premises or common areas of the Building,Ior allow any and carbon monoxide detector device(s)including replacement of the battery when family member, co-occupants, or guests to do so. Failure to maintain care of the necessary. Premises and common areas as set:forth herein shall he deemed a rtjtaterial breach of 24.GATES AND BARS ON DOORS AND WINDOWS: The installation of any metal this lease. i gates or bars on any doors or windows by the Tenant is expressly prohibited. Tenant 11. RIGHT OF ACCESS: The Tenant shall permit Landlord access(at all reasonable shall pay for repair all damage caused by the removal of Tenant's installation and times,and upon such notice as may be required by state of local linv or ordinance, failure to do so shall constitute a breach of this lease,and Landlord shall be entitled to make reasonable inspections, repairs, maintenance, decoratiobs, improvements to terminate the lease or right of possession,and shall be entitled to actual damages, and exhibitions;supply necessary or agreed services;or to determine Tenant's compliance costs and attorneys'fees therefor. with the provisions of this lease. Landlord shall have the right of immediate access 25.MECHANICS' LIENS: Tenant shall not place or allow to he placed on the without notice in case of emergency or where repairs elsewhere in the Building Premises,the building or elsewhere on the real property,any mechanics'lien,or any unexpectedly require access to Tenant's Premises. Tenant's failure to provide such other claim for lien for any repairs, maintenance, alterations or modifications access shall be deemed a breach of this lease. Landlord mays place upon the performed by, or ordered or contracted by. the Tenant, whether or not same were Premises.signs of"For Sale"and"For Rent"and Tenant will not interfere with same. rightfully perforated or ordered by the Tenant.The placement of any such lien shall 12. NO ALTERATIONS,SIGNS OR ADVERTISEMENTS: Tenant shall not alter constitute a breach of this lease and upon ten(10)days'notice to cure said lien or lien nor make any additions to the Premises or the Building.or commit waste except for claim, Landlord may terminate Tenant's tenancy or right of possession. In addition, hanging pictures,without the prior written consent of the Landlord. Ilf such permission Landlord shall have the right to satisfy and remove said lien without regard to the is granted then any alterations or additions to the Premises,such as locks,bolts and merits thereof and Tenant shall he responsible for the damages incurred in remos ing fixtures shall remain as part of the Premises as Landlord's property unless the Landlord said lien, along with all other damages, costs and attorneys' fees incurred by decides otherwise,and Tenant shall surrender keys therefor upon the termination of Landlord in connection therewith. the tenancy.The Tenant shall not permit the display of any sign i>'r advertisement in 26.FALSE INFORMATION: The Tenant warrants all the intonation given by him in or about the Premises or Building without first obtaining the written consent of the applying for this lease to he true, and that the providing of false the information Landlord. shall constitute a material breach of this lease. Occupancy'by more persons as set 13. HOLDING OVER: If the Tenant retains possession of the Prdmtses,or any part forth in this lease,or the lease application,shall constitute a material breach of this thereof, after the termination of the lease by lapse of time or i therwise, then the lease. Landlord may, at Landlord's option, deem such holding ove as constituting a 27.RULES AND REGULATIONS: Tenant agrees to observe the Rules and month-to-month tenancy,upon the terms of this lease except at ouhle the monthly Regulations contained in this lease, and any attachments and inclusions hereto as rental specified under Section I. Tenant shall also pay' to Lan lord all damages well as any further reasonable Rules and Regulations established by the Landlord sustained by Landlord resulting from retention of possession by Tenant. In the during the pendency of this lease, and such Rules and Regulations are hereby event Landlord accepts a payment of rent for a period after thr expiration of the incorporated into and made a part of this lease. Failure to observe said Rules and within lease, as herein provided in the absence of any specific written agreement, Regulations,or any of them.shall be deemed to be a material breach of this lease, continued occupancy shall he deemed a month-to-month tenbncy, on the sante and in event of such breach,Landlord shall be entitled to termination of the tenancy terms and conditions as herein provided,except for the double rOnt provision,to the upon ten(10)days'notice,and shall further be entitled to such rights and remedies extent permitted by state or local law or ordinance. as arc provided by applicable state or local law or ordinance. 14. HEAT AND HOT WATER: The Landlord agrees,if the Built.ing is designed for 28.RECEIPT OF REQUIRED DOCUMENTS: Tenant acknowledges that the the purpose, to furnish such heat and hot water in sufficient q uantities as may be following documents have been received by Tenant,in accordance with federal,state required by law or ordinance during the term of this lease. If the Premises contains or local law or ordinance,and that said disclosures arc in proper form and have been separate heating and/or hot water fixtures,then Landlord's sole]obligation shall be fully made in accordance therewith; and said documents shall be deemed to be to provide Tenant said fixtures in good operating condition at(he inception of the attached to and incorporated into this lease: tenancy,and Tenant shall be responsible for the utility costs for operation thereof. a.Federal lead-paint disclosure notice. 15. STORAGE OUTSIDE THE PREMISES: Landlord shall not ate liable for any loss b.A copy of the summary of the Residential Landlord and Tenant Ordinance if or damage of or to any property placed in any common areas,stor•room or any storage any,as published by the appropriate local governmental authority. place in the Building;such areas for storage,if any.being furnis ed gratuitously and 29.JOINT LIABILI'T'Y: If this lease is executed by only one spouse,both spouses shall be not as part of the obligations of this lease. deemed personally liable therefor,pursuant to the applicable family expense doctrine 16. LIABILITY FOR RENT: The Tenant shall continue paying rent and all other or statute then in effect. charges for said Premises to the end of the term hereof,whether or not the Premises 30.SUBORDINATION OF I.EASE: This lease is subordinate to all mortgages which becomes vacant by reason of abandonment,breach of the lease,wrongful termination may now or hereafter affect the real property of which Premises forms a part. The by Tenant or if the Tenant has been evicted for breach of this lei se,to the extent said recordation of this lease,or any memorandum thereof by Tenant shall constitute a obligation for rent has not been mitigated,abated or discharge in whole or in part, material default of this lease. by any law or ordinance.Notwithstanding any of the provisions co rained in this section, 31.INTERPRETATION: Masculine words shall be applicable to females and the Landlord shall make a good faith effort to relet the said Premises(but not in corporations,and singular words shall be interpreted as plural,as the situation may priority to other vacancies),and if the Premises is relet,Tena ryt shall be responsible require. The words "Landlord" and "Tenant" wherever herein occurring and used for the balance of the rent,costs and expenses(including,but no limited to brokerage shall be construed to mean "Landlords" and "Tenants," in case more than one commissions, decorating costs, advertising costs and ttorneys' fees) in person constitutes either party to this lease; and all the covenants and agreements connection therewith. herein contained shall be jointly and severally binding upon,and inure to,themselves 17. COVENANTS BINDING: It is agreed that a breach of the covenants of this lease their respective successors,heirs.executors,administrators and assigns. by the Tenant shall give the Landlord the right to terminate this lease or the right of 32.SEVERABILITY: If any clause,phrase,provision or portion of this lease,or the possession upon notice as required by law or ordinance,and,that in the event of an application thereof to any person or circumstance,shall be determined to be invalid assignment of this lease, with or without the express or implied consent of the or unenforceable under applicable law or ordinance, such event shall not affect, Landlord,all the covenants therein contained shall be binding Ion the assignee to the impair or render invalid or unenforceable the remainder of this lease nor any other same extent as if he had signed the lease. The consent to one#assignment shall not clause,phrase,provision or portion hereof,nor shall it affect the applicability of any be construed as a consent to any further assignments. I clause,provision or portion hereof to other persons or circumstances,and the lease 18. LEGAL EXPENSES: Tenant shall pay all costs and attorneys'fees incurred by the shall be interpreted in accordance with said ordinance. Landlord due to Tenants'breach,and Landlord's enforcement, of the covenants or agreements of this lease. • THESE RULES ARE FOR THE MUTUAL BENEFIT OF ALL TENANTS. I. No animals without the written consent of Landlord or agent (which may be 8. No waste receptacles,supplies,footwear,umbrellas or other articles shall be placed revoked at any time).No animals without leash in any public area of the Building. in the hallways,or staircase landing. 2. Passages,public halls,stairways, landings,elevators and elevator vestibules shall 9. Running extension cord wiring for electrical appliances or fixtures in violation of not be obstructed or be used for children's play or for any bther purpose than for the Municipal Code is prohibited. ingress to and egress from the Building or Premises, nor shall children be 10. The water closets, basins and other plumbing fixtures shall not he used for permitted to congregate or play in or around the Building. any purpose other than for those for which they were designed: no sweepings, 3. All furniture,supplies,goods, packages of every kind shall) be delivered through rubbish,rags or any other improper articles shall be thrown into them.Any costs the rear or service entrance,stairway or elevator. or damage resulting front misuse of such facilities shall he paid for by the Tenant. 4. Common area laundry and drying apparatus shall he used in such a manner and at as additional rent. such times as the Landlord may direct. 1 I. There shall he no cooking done in or about the Premises except in the kitchen 5. The use of garhage receptacles or incinerators shall be in accordance with posted Cooking on a barbecue or other similar equipment on a porch or balcony r i „t..aarhan�and refuse wrapped in small,tight elastic parcels, may he expressly prohibited. .- .,, . . ,.., ..,..,.,+;,•.,n,, ,.r„h;hiued_ without Landlord's prior written consent