04-152 .. •
Resolution No. 04-152
RESOLUTION
AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH
NEIGHBORHOOD HOUSING SERVICES OF ELGIN, INC.
(58 S. Jackson Street)
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 Neighborhood Housing Services of Elgin,Inc.for the premises commonly known as
58 S. Jackson 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 9, 2004
Adopted: June 9, 2004
Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
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Neighborhood Housing Services of I Igin, Inc.
Fixed-Term Residential Lease
58 South Jackson
Neighborhood Housing Services of Engin,Inc.
300 Douglas Avenue Elgin,IL 0120
847.695.0399 phone 847.695.70111 fait
Clause 1.Identification of Landlord and Tenant
This Agreement is entered into between The City of Elgin ("City" or"Tenant")and
Neighborhood Housing Services of Elgin, Inc. an Illinois not-fir-profit("NHS") ("Landlord").
Clause 2.Identification of Premises
Subject to the terms and conditions in this Agreement, Landlord rents to Tenant, and Tenant
rents from Landlord, for residential purposes only,the premise located at 58 South Jackson,
Elgin, IL 60120("the Premises"),together with the furnishings and appliances presently located
therein.
Clause 3.Limits on Use and Occupancy
The premises are to be used only as a private residence for a City of Elgin ROPE officer and his
immediate family.
Clause 4. Term of the Tenancy
The term of the rental will begin on January 1, 2004,and end on December 31, 2004. If Tenant
vacate before the term ends, Tenant will be liable for the balance of the rent for the remainder of
the term.
Clause S.Payment of Rent
Regular monthly rent
Tenant City of Elgin will pay to Landlord a monthly rent of 31,650.00,payable in advance on the
first day of each month, except when that day falls on a weekend or legal holiday,in which case
rent is due on the next business day. Rent shall be paid to Neighborhood Housing Services of
Elgin, Inc. at 300 Douglas Avenue, Elgin, IL 60120 or at such other place as Landlord
designates.
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Neighborhood Housing Services of Elgin, Inc.
Fixed-Term Residential Lear#e
58 South Jackson
On signing this Agreement, Tenant will pay to Landlord the suns of$1,650.00 as a security ti
k;
deposit. Tenant may not,without Landlord's prior written consent,.apply thus security deposit to
the last month's rent or to any other sum due under this Agreenient. Within thirty days after
Tenant have vacated the premises, all keys and provided Landlord with a forwarding
address,Landlord will . . an itemized written statement of the reasons for, and the
dollar a • - , o the security deposit retained by the Landlord, along with a check for any
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Clause 9. Utilities
Tenant will pay all utility charges.
Clause 10.Assignment and Subletting
Tenant will not sublet any part of the premises or assign this Agreement without the prior written
consent of Landlord.
Clause 11. Tenant' Maintenance Responsibilities
Tenant will: (1)keep the premises clean, sanitary and in good;condition and repair at all times,
and upon termination of the tenancy,return the premises to Lrindlord in a condition identical to
that which existed when Tenant took occupancy, except for ordinary wear and tear; (2)
immediately notify Landlord of any defects or dangerous conditions in and about the premises of
which any Tenant becomes aware; and(3)reimburse Landlord, on demand by Landlord,for the
cost of any repairs to the premises due hereunder or due to damage by Tenant or Tenant'guests
or business invitees or through misuse or neglect.
Tenant acknowledge and agree that all necessary clearing, rePairs and maintenance, including
without limitation, lawn care, gutter cleaning, rubbish removal, plumbing, heating, air
conditioning and any other necessary repairs, shall be done by Tenant at Tenant' expense. Only
extraordinary repairs, such as structural repairs, shall be excl ided.
Clause 12.Alterations by Tenant
a. Except as provided by law, or as authorized by the prior written consent of Landlord,
Tenant will not make any alterations to the premises.
b. Tenant will not, without Landlord's prior written consent,alter, re-key or install any locks
to the premises or install or alter any burglar alums'stem. Tenant will provide Landlord ,
with a key or keys capable of unlocking all such re- eyed or new locks,as well as
instructions on how to disarm any altered or new burglar alarm system.
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Neighborhood Housing Services of Igin, Inc.
Fixed-Term Residential Lease
58 South Jackson
Clause 13.Violating Laws and Causing Disturbances
Tenant is entitled to quiet enjoyment of the premises. Tenant and guests or invitees will not use
the premises or adjacent areas in such a way as to: (1)violatelaw or ordinance or City code,
including laws prohibiting the use,possession or sale of illegal rigs;(2)commit waste(severe
property damage);(3)create a nuisance by annoying, disturbing, inconveniencing or interfering
with the quiet enjoyment and peace and quiet of any other Tenant or nearby resident.
Clause 14.Pets
No animal, bird or other pet will be kept on the premises,excej,t one(1)dog owned by the
occupants and any properly trained dogs needed by blind, deaf or disabled persons.
Clause 15.Landlord's Right to Access
Landlord or Landlord's agents may enter the premises in the event of an emergency,to make
repairs or improvements or to show the premises to prospective buyers or Tenant. Landlord may
also enter the premises to conduct a quarterly inspection to check for safety or maintenance
problems. Except in cases of emergency, Tenant'abandonment of the premises,court order, or
where it is impracticable to do so, Landlord shall give the IndiVidual Tenant twenty-four hour's
advance notice before entering.
Clause 16.Extended Absences by Tenant
The Individual Tenant will notify Landlord in advance if the Individual Tenant will be away
from the premises for seven or more consecutive days. During such absence,Landlord may but
shall not be required to, enter the premises at times reasonably necessary to maintain the property
and inspect for needed repairs.
Clause 17.Possession of the Premises
a. Teaant'failure to take possession.
after signing this Agreement, Tenant fail to take possession of the premises, Tenant shall still
be responsible for paying rent and complying with all of the other terms of this Agreement.
b. Landlord's failure to deliver possession.
If Landlord is unable to deliver possession of the premises to Tenant for any reason not within
Landlord's control,including,but not limited to, partial or epmplete destruction of the premises,
Tenant will have the right to terminate this Agreement upon proper notice as required by law. In
such event,Landlord's liability to Tenant will be limited to the return of all sums previously paid
by Tenant to Landlord,
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Neighborhood Housing Services of Elgin, Inc.
Fixed-Term Residential Lease
58 South Jackson
Clause 18. Choice of Law
This agreement shall be subject to and governed by the laws of State of Illinois. Venue for
the resolution of any disputes or the enforcement of any rights 'sing out of or in connection
with this agreement shall be in the Circuit Court of Kane Cou , Illinois.
Clause 19. Authority to Receive Legal Papers
Service of process and other notices and demands, may be delit►ered to:
The Landlord, at the following address: 300 Douglas Avenue,Agin,IL 60120.
The Tenant, at the following address: 150 Dexter Court,E1gid, IL 60120.
Clause 20.Validity of Each Part
If any portion of this Agreement is held to be invalid,its invalidity will not affect the validity or
enforceability of any other provision of this Agreement.
Clause 21. Grounds for Termination of Tenancy
The fhilure of Tenant or Tenant' guests or invitees to comply with any term of this Agreement,
are grounds for termination of the tenancy, with appropriate,notice to Tenant and procedures as
required by law.
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Neighborhood Housing Services of Elgin, inc.
Fixed-Term Residential Lease
58 South Jackson
Clause 23. Entire Agreement
This document constitutes the entire Agreement between therties, and no promises or
representations, other than those contained here and those impll ed by law,have been made by
Landlord or Tenant. Any modifications to this Agreement must be in writing signed by Landlord
and Tenant. t
Dated: MAq
Neighborhood Housing Services of Elgin, Inc.
300 Douglas Avenue,Elgin, IL 60120, 547.695.0399
C;(4By: C' )
Rich L. Jacobs
It's Executive Director
The City of Elgin
150 Dexter Court,Elgin, IL 60120
By: a,
'
am�
It's r" '7,4 —(Title)
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OF
City of Elgin Agenda Item Na.
,
Ob.
1,47F D
G
May 21, 2004
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TO: Mayor and Members of the City Council rsA IVI hi ITV
FROM: David M. Dorgan, City Manager ,4(
RuthAnne K. Hall, Management Analyst
SUBJECT: Rental Agreement with Neighborhood Housin Services (NHS) for the ROPE
House located at 58 Jackson Street
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to enter into a lease agreement with NHS for the property at 58 Jackson Street, the
current residence of a ROPE officer.
RECOMMENDATION
It is recommended that the City enter into a lease agreement with Neighborhood Housing
Services for the property at 58 Jackson Street at a cost of$1,650 per month.
BACKGROUND
The property located at 58 Jackson Street is currently owned by NHS and has been utilized as a
ROPE officer residence since November of 2000. The City has paid a rental fee for the property
to Neighborhood Housing Services, at a cost of $1,200 per month, from November of 2000
through December of 2003.
In the recent restructuring of the ROPE Program to provide City owned residences for the
officers, the City purchased six homes in 2003. To date, the City has successfully completed the
rehab of five of the six homes. The remaining home located at 110 Union Street is still in need
of additional repairs before it can be utilized as the final City owned ROPE officer residence.
Therefore, it is necessary for the City to maintain the rental of 58 Jackson Street while the repairs
are being completed.
To date, no formal lease agreement had been in place between the City and Neighborhood
Housing Services. Therefore, the City entered into negotiations in January 2004 with
rik Neighborhood Housing Services to create a lease agreement for the property(Attachment A).
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rft, Rental Agreement for 58 Jackson Street
May 21, 2004
Page 2
The finalized lease agreement stipulates that the City will pay $1,650 per month in rent for a
period of one year plus a one month security deposit.
As stated earlier, the City had stopped rental payments in December of 2003 although the officer
continued to occupy the residence. This was due to the fact that there were several outstanding
issues concerning the lease. These issues have now been res91ved; therefore, to honor the lease
agreement, the City must reimburse the Neighborhood Houling Services for the rental of the
property from January 2004 through May of 2004 for a total c9st of$8,250.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Neighborhood Housing Services
0-74(__FINANCIAL IMPACT
The cost for reimbursement for rental of the property from January through May 2004 and the
cost for rental of the property from June through December 2004 totals $21,450 (12 months at
$1,650 plus one month's security deposit). Sufficient funds are budgeted ($102,530) and
ravailable ($79,204) in the General Fund, account number 019-2308-731.43-03 to enter into this
lease agreement.
,t\ EGAL IMPACT
None.
ALTERNATIVES
1. Deny the recommendation as presented.
2. Approve the recommendation and enter into a formal lease agreement with
Neighborhood Housing Services for 58 Jackson Streei.
Respectfully submitted for Council consideration.
RICH
Attachment
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