HomeMy WebLinkAboutRESOLUTIONS-1994-003-R-943-R-94 01-05-94
A RESOLUTION
Authorizing the Lease of the Civic
Center Annex Apartment to
Housing Options for the Mentally -Ill in Evanston, Inc.
(HOME)
WHEREAS, the City of Evanston owns certain real
property legally described as follows:
PARCEL 1
Lot 1 (except the South 33 feet thereof) in Subdivision
of a part of Lot 19 in the Assessors Division of
Section 7, Township 41 North, Range 14, East of the
Third Principal Meridian, according to the plat of said
Subdivision recorded June 2, 1897, in Book 72 of plats,
page 36 as document 2546204.
PARCEL 2
Lots 1 to 18 (except the South 33 feet of said Lots 2 and
18) in Academy's Subdivision of part of Lot 19 in the
Assessors Division of fractional Section 7, Township 41
North, Range 14, East of the Third Principal Meridian,
according to the plat of said subdivision recorded June 29,
1900 in Book 78 of plats, page 48 as document 2980315.
PARCEL 3
All of the North and South 20 foot vacated alley lying West
of and adjoining Lot 1 in Academy's Subdivision aforesaid
also all of...._the. East and West 16.9 foot vacated alley lying
between Lots 9 and 10 in Academy's subdivision aforesaid all
in Cook County, Illinois.
WHEREAS, said real estate is improved with a five -story
building known as the Evanston Civic Center and a two-story
building known as the Evanston Civic Center Annex Apartment; and
WHEREAS, the City Council of the City of Evanston has
determined that it is not necessary or in the best interests of
the City that it retain the use of certain second floor within
said two-story building, and that said second floor space is not
required for the use of the City of Evanston; and
WHEREAS, the City Council of the City of Evanston has
determined that the best interest of the City of Evanston would
be served by the leasing of said property to HOME.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the City Manager is hereby authorized
and directed to sign and the City Clerk hereby authorized and
directed to attest on behalf of the City of Evanston a lease by
and between the City of Evanston as Lessor and Housing Options
for the Mentally-1ll in Evanston, Inc. (HOME) as Lessee, for
certain second floor space known as the Civic Center Annex
Apartment at a rental of Eight Hundred Seventy Eight and
47/100ths Dollars ($878.47) per month for the period January 1,
1994 to June 30, 1994.
SECTION 2: The City Manager is hereby authorized is
and directed to negotiate any additional conditions on the lease
of aforesaid Civic Center Annex Apartment as may be determined to
be in the best interests of the City.
SECTION 3: This resolution shall be in full force
and effect from and after its passage, approval, and publication
in the manner provided by law.
ATTES % \ Mayor
City Clerk
Adopted: 1=LGc�Z-c/ �� , 1994
2
LEASE FOR RESIDENTIAL PREMISES
The City of Evanston, an Illinois Municipal
Corporation (hereinafter "Lessor"), hereby agrees to lease to
Housing Options For The Mentally -Ill In Evanston, Inc. a/k/a HOME
(hereinafter "Lessee") certain premises known as the "Civic
Center Annex Apartment" located at 2100 Ridge in Evanston,
Illinois. Said premises are intended for residential use as
described herein by tenants of Lessee in connection with Lessee's
independent living program.
For and in consideration of the mutual agreements and
covenants contained herein, the parties agree to the following
terms and conditions:
I. TERM OF LEASE AND RENTAL,: The term of this lease
shall be from January 1, 1994 through June 30, 1994. The monthly
rental shall be Eight Hundred Seventy Eight and .47/100 Dollars
($878.47). Rent shall be payable to the Lessor at the offices of
its City Manager on the first day of each month.
II. SECURITY DEPOSIT: Lessee shall pay Eight Hundred
Seventy Eight and .47/100 Dollars ($878.47) upon execution of
Lease, as and for security deposit apart from monthly rental.
The security deposit may be used to offset any damages to the
• premises which occur during the lease term or damages resulting
from Lessee's breach of any provisions of this lease agreement,
including court costs associated with enforcement of this lease
by Lessor.
III. UTILITIES: Lessor shall pay for water, heat and
electric utilities except that Lessee shall be liable for costs
of said utilities resulting from any abuses by its tenants as
determined by Lessor. Any interruption of services due to
repairs, improvements, etc., shall not render Lessor liable to
Lessee for damages or allow abatement of rent during such
interruption.
IV. SUBLETS: This lease may not be assigned. Lessee
may sublet subject premises upon written approval of Lessor but
in no event to more than three occupants at any one time for any
single lease term. Lessor shall not unreasonably withhold
approval. Lessee agrees that it shall screen all applicants for
occupancy of premises according to its usual and customary
screening process, and further agrees that it will limit the
total amount of monthly rental imposed upon its tenants
collectively to the monthly rental paid to Lessor hereunder or
less, plus necessary and justifiable overhead costs of Lessee
related to administration of the sublease. Failure of tenant(s)
to pay rent or otherwise comply with its obligations to HOME
shall not relieve Lessee of its liability to Lessor under
paragraph 1 and other provisions of this Lease.
V. INSURANCE: Lessee shall, during the entire term
hereof, keep in full force and effect a Comprehensive General
Liability policy with respect to the leased premises, and the
business operated by the tenant and any subtenants of the tenant
in the leased premises, in which bodily injury limits shall be
not less than Five Hundred Thousand Dollars ($500,000) aggregate
per person and per accident, and in which the property damage
limits shall not be less than One Hundred Thousand Dollars
($100,000). Lessee shall also insure the following indemnity
provisions, and such agreement shall be clearly recited in the
body of the Certificate of Insurance:
Lessee covenants and agrees that it will protect
and save and keep Lessor forever harmless and
indemnified against and from any penalty or
damages or charges imposed for any violation of
the laws or ordinances, or as a result of
accidents or other occurrences, whether
occasioned by neglect of Lessor or those holding
under Lessee.
In the event of any conflict between the language of the
insurance policy(s) and the above -recited indemnity provisions,
the indemnity provision shall govern.
Lessee shall furnish copies of the Certificate of Insurance with .
the Lessor named as an additional insured with an insurance
company acceptable to the Lessor. The Lessee shall furnish,
where requested, a certified copy of the policy(s) to the Lessor.
The policy(s) shall provide, in the event the insurance should be
changed or cancelled, such change or cancellation shall not be
effective until thirty (30) days after the Lessor has received
written notice from the insurance company(s). An insurance
company having less than a B+ Policyholder's Rating by the Alfred
M. Best Company will not be considered acceptable.
VI. FIRE/CASUALTY: In the event of damage caused by
fire or other casualty which renders premises untenantable,
Lessor may at its option terminate this lease or repair premises
within thirty (30) days and failing so to do, or upon the
destruction of premises by fire or other casualty, the term
hereby created shall cease and determine. In such event Lessor
agrees to assist Lessee in its efforts to relocate its tenants.
VII. COMPLIANCE WITH LAWS,: Lessee shall comply with
all federal, state and city laws, rules and regulations, and
City ordinances including all provisions of the City of Evanston
Residential Landlord and Tenant Ordinance in its capacity as
landlord of subject premises, and all provisions of the City of
Evanston Zoning Ordinance.
VIII. CONDITION AND UPKEEP OF PREMISES,: Lessee has
examined and knows the condition of said premises and has
received the same in good order and repair, and acknowledges
that no representations as to the condition of repair thereof
have been made by the Lessor or its agent prior to or at the
execution of this lease that are not herein expressed or
endorsed herein. Lessee will keep said premises, including all
walls, surfaces and appurtenances, in good repair, replacing all
broken glass with glass of the size and quality as that broken,
and replacing all damaged plumbing fixtures with other of equal
quality, and will keep said premises in a clean and healthful
condition, according to the City ordinances and the direction of
the proper public officers during the terms of this lease at
Lessee's expense; and upon the termination of this lease in any
way will yield said premises to Lessor in good condition and
repair (loss by fire and ordinary wear excepted) and deliver the
keys therefor at the place of payment of said rent. Lessee's
obligations under this paragraph are limited to repair,
replacement or damage caused by Lessee's conduct.
IX. LESSEE NOT TO MISUSE: Lessee will not allow said
premises to be used for any other purpose than that herein
specified, nor allow said premises to be occupied in whole or in
part by any other person for reasons not contemplated herein,
and will not permit any transfer by operation of law of the
interest in said premises nor permit the premises to be used for
any purpose that will injure the reputation of the building,
increase the fire hazard of such building, or disturb the
tenants or the neighborhood. Lessee shall not permit any
alteration, renovation, installation, or additions to any part
of said premises except by the prior written consent of the
Lessor. The cost of all alterations and additions to said
premises shall be borne by Lessee and all such alterations and
additions shall remain for the benefit of Lessor.
X. CONDITION AND UPKEEP OF PREMISES,: Lessee has
examined and knows the condition of said premises and has
received the same in good order and repair, and acknowledges
that no representations as to the condition of repair thereof
have been made by the Lessor or its agent prior to or at the
execution of this lease that are not herein expressed or
endorsed herein. Lessee will keep said premises, including all
walls, surfaces and appurtenances, in good repair, replacing all
broken glass with glass of the size and quality as that broken,
and replacing all damaged plumbing fixtures with other of equal
quality, and will keep said premises in a clean and healthful
condition, according to the City ordinances and the direction of
the proper public officers during the terms of this lease at
Lessee's expense; and upon the termination of this lease in any
way will yield said premises to Lessor in good condition and
repair (loss by fire and ordinary wear excepted) and deliver the
keys therefor at the place of payment of said rent.
XII. TERMINATION: It is hereby covenanted and agreed
by and between the parties hereto that any party hereto may
terminate this lease upon the service of written notice to the
other party hereto, said notice to be delivered not less than
sixty (60) days prior to the first day of the month of the
contemplated termination. If either party terminates this lease
pursuant to this paragraph, Lessee shall deliver the vacant
premises to Lessor at the end of the notice period. Any removal
of tenant -occupants from the premises which is required due to
termination of this lease shall be performed by Lessee in
compliance with applicable laws. All notices required shall be
by registered mail. Notices to Lessor shall be addressed to the
attention of the City Manager, 2100 Ridge, Evanston, Illinois.
XIII. MISCELLANEOUS PROVISIONS:
A. APPLIANCES, FURNISHINGS, ETC.: Lessee may, at its own
expense, install a clothes washer and dryer. Lessee
may, at its own expense, furnish window accessories
such as curtains, curtain rods, drapes. Lessee shall
repair or assure the repair of any damage caused by
removal of appliances, accessories or fixtures placed
on the premises by Lessee or Lessee's tenants or
agents. Lessor agrees to furnish for use of Lessee and
its tenants a gas stove and refrigerator which shall
remain the property of Lessor. At the option of
Lessor, any fixtures or furnishings attached by
Lessee, its agent or tenant, to walls, woodwork or
floor shall remain the property of Lessor at the
termination of the lease term.
B. SERVICES: Lessor agrees to furnish outdoor refuse
containers and to provide refuse removal service on a
periodic basis. Extermination service will be provided
by Lessor as required and if requested by Lessee.
C. PARKING: Upon request of Lessee, a maximum of two (2)
parking spaces in the Civic Center Parking Lot may be
provided to Lessee, for use of its tenants.
D. PETS: No pets shall be permitted on the premises.
E. HOUSING OPTIONS WILL:
a. direct the rent to the attention of Carol Wagner;
b. provide the first name and last initial of residents as
they move in and out of the apartment;
c. provide a' primary contact person for repairs: Gail
Brownmiller, 866-6144;
d. provide a current phone number for the apartment:
475-0765;
e. check and monitor with residents regarding the heat
settings;
f. repair glass door on the medicine cabinet;
g. pay the deposit amount due in addition to the amount
transferred by the City of Evanston from the ACORN lease;
h. participate in a January re -inspection of the unit when
the repairs are completed; and
i. provide copy of the current insurance certificate to
Victor De La Cruz, as soon as it is received but not
later than January 24, 1994.
XIV. AMENDMENTS: This lease may be amended only in
writing and by mutual agreement of the parties.
IN WITNESS WHEREOF, the parties have executed this
lease on the day of
ATTEST:
ATTEST:
I
, 1994.
Lessor: CITY OF EVANSTON
By
Lessee: HOME
By
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