HomeMy WebLinkAboutRESOLUTIONS-2009-054-R-0954-R-09 6/22/2009
A RESOLUTION
Authorizing the Interim City Manager to
Enter into a Lease with Norma and Nolan Robinson
for the Apartment located at 1223 Simpson Street
WHEREAS, the City of Evanston owns certain real property commonly known
as 1223 Simpson Street, in Evanston, Illinois; and
WHEREAS, the 1223 Simpson Street property is improved with a structure
containing a residential apartment unit; and
WHEREAS, Norma and Nolan Robinson had been leasing said apartment
pursuant to a lease dating from August 1, 2008, through July 31, 2009; and
• WHEREAS, said lease will expire on July 31, 2009; and
WHEREAS, Norma and Nolan Robinson have proposed to execute a new
lease for said apartment; and
WHEREAS, Norma and Nolan Robinson are current in their present lease
payments; and
WHEREAS, the City Council has determined that said apartment is not
required for the use of the City, and that the best interest of the citizens of the City would
be served by the leasing of said apartment to Norma and Nolan Robinson.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
• SECTION 1: That the foregoing recitals are found as fact and made a part
hereof; and
I
54-R-09
•
SECTION 2: That the Interim 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 Norma
and Nolan Robinson, as Lessees, for the apartment located at 1223 Simpson Street,
Evanston, Illinois. The lease shall be for the period from August 1, 2009, through July 31,
2010, at a monthly rental of one thousand three hundred and no/100 dollars ($1,300.00).
Such lease shall be in substantial conformity with the lease marked as Exhibit A attached
hereto and incorporated herein by reference.
SECTION 3: That the Interim City Manager is hereby authorized and
directed to negotiate any additional terms and conditions of the lease as may be
determined to be in the best interests of the City. •
SECTION 4: That this Resolution 54-R-09 shall be in full force and effect
from and after the date of its passage and approval in the manner required by law.
Attest.
-Rodney Grete, City Clerk
Adopted: `� , i ,ice/� ►._._ 2009
Eliz eth B. Tisdahl, Mayor
•
-2-
•
54-R-09
EXHIBIT A
Proposed Lease of the Apartment located at 1223 Simpson Street to
Norma and Nolan Robinson
August 1, 2009, through July 31, 2010
-3-
CITY OF EVANSTON - MODEL LEASE AGREEMENT
LEASE SUMMARY
DTOTAL REM' PAYABLE SECURITY
ATE OF LEASE TERM OF LEASE
FOR TERM MONTHLY DEPOSIT*
BEGINNING ENDING
12:01 A.M. 12:01 A.M.
�. 8 1 09 7/31/10 $15,600.00 $1,300.00 $1,300.00
DATE YEAR DATE ' YEAR
"iF NONE, WRITE "NONE"
TENANT Nolan Robinson 7 / 2 / 6 9
LIST ALLoccuPANTSNorma ,.Robinson 7/21/74
(NAMES AND BIRTHDAYS): Darian Austin 4/30/90
Timerra Dunnock 7/12/95
APARTMENT: Nora and Nolan Robinson 5/25/99
ADDRESSOF Boiler Room Apartment
PREMISES: 1223 Simpson Street
TELEPHONE: Evanson, IL 60201
DECORATING
ALLOWANCE`
LANDLORD City of Evanston
NAME(S): Facilities Management
BUSINESS: Room 1450
ADDRESS: 2100 Ridge Avenue
Evanston, IL 60201
TELEPHONE of Landlord or Agent: ( 8 4 7 ) 866-2916
24 Hour Telephone Number(s): (847) 966-2916
This Agreement is made and entered into on the date first shown above by and between Landlord and Tenant. Landlord and Tenant agreed together:
Additional AGREEMENTS between Landlord and Tenant (if any), including repairs to be made, parking, storage facilities, renewal
options.
Resolution 54-R-09 Authorizing the Interim City Manager to Enter into
a Lease with Norma and Nolan Robinson for the Apartment located at
1223 Simpson Street, Evanston, IL 60201
LEASE AGREEMENTS AND COVENANTS
ections referred to in this Lease Agreement are regarding sections detailed in the Evanston Residential Landlord and Tenant Ordinance and shall be
d to thereafter as "ERLTO" - (Chapter also means "ERLTO").
1. THE PREMISES. (SECTION 5-3-2 (A))
2. IDENTIFICATION OF OCCUPANTS. (SECTION 5-3-1(B). All rental
agreements for leases of dwelling units subject to this Chapter which are newly
executed and/or renewed on or after August 1, 1994, shall contain the full names
and birth dates of all occupants of the dwelling unit leased or to be leased under
the rental agreement. The individual occupancy of the dwelling unit may not be
changed without nn amendment to the existing rental agreement reflecting the
change in occupancy and shall in no. case exceed the maximum occupancy
permitted elsewhere in the City Code for that size unit.
3. TERM OF LEASE AND RENT. (SECTION 5-3-3-1)
4. UTILITIES. Landlord agrees to furnish the following services to Tenant:
electricity, gas, water, heat, trash and garbage removal. For use on the premises
of the following utilities Tenant will be billed directly and make payment to the
utility company (specify) telephone.
5. PERSONS AUTHORIZED TO ACT ON BEHALF OF LANDLORD.
(SECTION 5-3-5-2) (A-C)
6. CODE VIOLATIONS. (SECTION 5-3-5-2) (D)
7. FIXTURES. All cabinets, drapes, blinds and shutters, plumbing fixtures,
electrical fixtures, refrigerators, ovens, stoves and all following fixtures and
furniture now on the premises (specify, if any), are part of the premises and
leased at no extra charge to Tenant with the premises:
8. HEATING AND HOT WATER. Landlord shall t'urnish to and for the use
of Tenant, in fixtures on the premises provided for such purpose by Landlord
and no other fixtures, hot and cold water in radiators or other fixtures on the
pre s, and a reasonable amount of heat at reasonable hours at least as
reby the applicable municipal code.
9... OF PROPERTY. (SECTION 5-3-4-4)
10. SECURITY DEPOSIT. (SECTION 5-3-5-1(A-G)
a. Upon execution of this agreement, Tenant shall pay Landlord security
deposit equal to shown in the Lease Summary unless such security deposit is
equal to one and one-half (1-1l2) month's rent. If the Landlord requires a
security deposit in excess of one month's rent, that portion in excess of one
month's rent at the election of the Tenant, shall be paid either at the time the
Tenant pays the initial security deposit, or shall be paid in no more than six
equal installments rto later than six months after the effective date of.the lease.
interest on that portion of a security deposit exceeding one month's rent, if paid
in installments, shall not be computed until all installments are paid to the
Landlord.
c. Upon termination of the Tenancy, property or money held by the Landlord
as security or pre -paid rent may be applied to the payment of accrued rent and
the amount of damages which the Landlord has suffered by reason of the
Tenant's noncompliance with SECTION 5-34-1 of this chapter, all as itemized
by the Landlord in a written notice delivered, to the Tenant together with the
amount due twenty-one (21) days after Tenant has vacated his unit Any
security or prepaid rent not so applied, and any interest on such security due to
the tenant shall be paid to the tenant within twenty-one (2 1) days after tenant has
vacated his unit. In the event the rental agreement terminates pursuant to
SECTION 5-3-7-4(A), regarding Landlord's wrongful failure to supply essential
se the obligations imposed on the Landlord pursuant to SECTION 5-3-5-
1( I be performed within forty-eight (48) hours after the expiration of the
seven' ) day written notice to the Landlord to restore service.
11. INTEREST ON SECURITY DEPOSITS. (SECTION 5-3-5-1 (B-C)
Effective October i, 2002, a landlord who receives security or prepaid rent from
a tenant shall pay interest to the tenant at the rate equal to the interest rate paid
on such security deposits in the City of Chicago. Interest on security deposits on
leases commencing prior to October 1, 2002, shall be paid at the rate of five
percent (5%) per year through December 31, 1975, and five percent per year
from (January 1, 1976 through September 30, 2002). A landlord shall pay to the
tenant interest on all deposits within thirty (30) days after the end of each twelve
(12) Month rental period, by cash or credit to be applied to the rent due, except
when tenant is in default under terms of the rental agreement. Interest on that
portion of the security deposit or prepaid rent exceeding one month's rent, if
paid in installments, shall not be computed until all installments are paid to the
landlord. (SECTION 5-3-5-1)
12. ENTRY BY LANDLORD. (SECTION 5-34-3)
a. The Tenant shall not unreasonably withhold consent to the Landlord to
enter the dwelling unit in order to inspect the premises, make necessary or
agreed repairs, decorations, alterations or improvements, supply necessary or
agreed services or show the dwelling unit to prospective or actual purchasers,
mortgagees, Tenants or workmen.
b. The Landlord may enter the dwelling unit without consent of the Tenant
in case of emergency. The Landlord shall not abuse the right of access or use it
to harass the Tenant. Except in cases of emergency, or unless it is impractical to
do sD, the Landlord shall give the Tenant at least two (2) days notice of his
intent to enter and may enter only at reasonable times.
13. ADDITIONAL TENANT OBLIGATIONS. (SECTION 5-3-4-1)
Tenant shall:
a. Comply with all obligations imposed upon Tenant by provision of the
codes applicable to the dwelling unit.
b. Keep that part of the premises that he occupies and uses as safe as the
condition of the premises permits.
c. Dispose from his dwelling all ashes, rubbish, garbage and other waste in
a clean and safe manner.
d. Keep all plumbing fixtures in the dwelling unit or used by the Tenant as
clean as their condition permits.
c. Use in a reasonable manner all electrical, piumbing, sanitary, heating,
ventilation, air conditioning and other facilities and appliances, including
elevators, in the premise.
f. Not deliberately or negligently destroy, deface, damage,
impair , or remove any part of the premises or knowingly permit any person to
do so.
g. Conduct himself and require other persons on the premises with his
consent to conduct themselves in a manner that will not disturb his neighbor's
peaceful enjoyment of premises. h. Not engage in or -
permit the unlawful selling, possession, serving, storage, deliverance,
manufacture, cultivation, giving away or use of Eny controlled substance;
prostitution; or gambling on the leased premises.
14. ADDITIONAL LANDLORD OBLGATIONS. (SECTION 5-3- 5-3)
15. TENANT'S REMEDIES FOR LANDLORD'S NON COM-
PLIANCE (SECTION 5-3 -7-1)
16. TENANT'S REMEDIES: SELF HELP FOR DEFECTS AND RENT
WITHHOLDINGS. (SECTIONS 5-3-7-3)
17. TENANT'S REMEDIES FOR LANDLORD'S FAILURE TO SUPPLY
ESSENTIAL SERVICES. (SECTION 5-3-74)
a. If contrary to the rental agreement, the Landlord, fails to supply heat,
running water, hot water, electricity, gas, or pluming the Tenant may:
(1) Deliver a written notice to the landlord specifying the service to be
restored, that the service must be restored within seven (7) days of delivery of
the notice, and that the rental agreement will terminate automatically at the
expiration of the seven (7) days if the specified service is not restored.
(2) Pay for the provision of these services and deduct the cost from their
next rental payment, or payments, in the event the cost of services procured
exceeds the amount of the next rental payment.
(3) Recover damages based upon the diminution in the fair rental value
of the dwelling unit and reasonable attorney's fees; or
` (4) Procure substitute housing during the period of the landlord's
noncompliance, in which case the tenant is excused from paying rent for the
period of:Ihe landlord's noncompliance. The tenant may recover the cost of
VeW)labevalues of the substitute housing up to an amount equal to tine monthly
rent and reasonable attorney's fees.
b. if the tenant proceeds under this Section, he may not proceed uncles
'•ections 5-3-7-1 of 5-3-7-3 for that breach.
c. The tenant may not exercise his rights under this Section if the condition
as caused by the inability of ❑ ul,ility supplier to provide service or by the
deliberate or negligent act or emission of the tenant, a member of his family, or
other persrnn on the premises with his consent.
111. TENANT'.`'.* RENIEDIES FOR LANDLORD'S FAILURE TO
DELI VEIL. POSSION OF, PREMISES. (SEC%TION 5-3-7-2)
11'). TENANT'S REMEDiES FOR LANDLORD'S UNLAWFUL
INTERRUPTION OF TENANCY, ( SECTION 5-3-12- 5 )
a. if a Landlord of any person acting at his direction violates paragraph 43
or this Lease, the Tenant shall have Ih�- right to terminate the rental agreement
by sending the i_and]or(1 written notice of his intention to terminate within three
(3) clays of the violation. if the renla( agreement is terminated, the Landlord
shall return all security deposit, prepaid rent and interest to the Tenant in accord
with paragraphs 10 and 1 1 of the Lea,4e.
b. If a Tenant in a civil legal phvrceding agains'. the. Landlord establishes
that a violation of paragraph 33 of this I -ease has occurred he shall be entitled to
recover possession his dwelling unit of personal property and shall recover an
amount equal to not more than two (2) Months' rent or twice the actual damages
.sustained by him, whichever is greater and reasonable attorney's fees. A Tenant
may pursue any civil remedy for violation of parrgraph 33 of this Lease
regardless of whether a fine: has been entered against the Landlord pursuant to
Section 5-3-12-1 of the ERLTO.
20. LANDLORD'S NONCOMPLIANCE AS DEFENSE TO ACTION FOR
THE POSSESSION OR .RENT.
(SECTION 5-3-7-5)
21. LANDLORD AND TENANT REMEDIES FOR ABUSE
OF ACCESS. (SECTION 5-3-3-2)
22. LANDLORD'S REMI DIES FOR TENANT'S
NONCOMPLIANCE. (SECTION 5-3.6-1 )
a. (1) If there is a material noncompliance by the tenant with the rental
agreement or with Sections 5-3-4-1 (A)-(G), the Landlord may deliver a written
notice to thedenant specifying the acts and omissions constituting the breach and
that the rental agreement will terminate upon a date not less than thirty (30) days
after receipt of [Ire notice, unless the breach is remedied by the tenant prior to
e expiration of the notice. if the breach is not remedied poor to the expiration
he notice, the rental agreement shall lerminate as provided in the notice.
t o_) .lf there is noncompliance by the tenant' with Section 5-3-4-1 (H). the
landlord may deliver written notice to the tenant specil:ving the acts constituting
the ])reach and that the rental agreement will terminate upon a (-late not less than
thirty (304 days after receipt of tilt: notice, or, in the case of owner -occupied
dwelling units containing Iwo or fewer rooming units, upon a date not ess than
forty-eight (43) hour's after receipt of the notice.
b. If the rent is unpaid when due and the Tenant fails to pay t4Ye unpaid rent
within ten (10) days, or. in the case of owner -occupied dwelling units cantainini_�
r R',t or Iewer rooming units, within forty-eight.(4S) hours after receipt of written
notice by the Landlord of his/her inRe!uion to terminate the rental agreement if
l'hc rent is not so paid. the Landlord may terminate the rental agreement.
-. E�.cepl as provided herein, rh landlord may recover damages all([
iglunctic'e relief for any noncompliance by the tenant wish rental
agreement or with Section ti-3-4-I. (I`the tenant's noncongtlrmce is willful, the
landlord may recover reasonable auonney's ties.
:" 1',4N1)I.,()RP%' R ENIEDIES FAILURE 1O
A3Ai1WT-hIN. (;=ECTfO4J ,`i-;-t,-')
tf thert- is ntatr.rral noncooptiance by the Tenant with paragraph 13 of this Lease
and 'Tenrutl tails to contpiv as prolliptd} as Conditions permit in rase of
cmergeocp or r.virhin fourteen 11-4) dtrvs of receipt of wrntcn notice by the
Landlord specifying the hrcach and ritquesting that the Tenant remedy is within
thar period of sine,. the; t_andlurd ma) enter the dwelling unit and have the v, ork
1i01oe is a worl;tnwmdike roantter and submit a rcceiptcd bill from an appropriate
tradesman for thtt Los! thereofas nnl ern the next day when rent is due, or if the
equal agt_enww has bean terminated, ;?,; immediate payrnent, provided that the
Landlord has fuiiilled his affirmaii»e obligations under paragraphs 5-3-5-2,(D)
and 5-3-:,-3iA) of lhd ERLT0.
214. SUBLEASES. LANDLr0RD'h RENiEDIE'S IF TENANT ABANDONS
1`ItI✓h4ISE•S, tSECTTCnt•I <;..}_t;_;1
2,-"i. LANI)LORLYS IREM'DIES FOR YE,NANT'S HOLP OVER,
ION-3-2-1) �T
LANDLORD'S REMEDIES REGARDING PROPERTIV
ABANDONED BYTENANT. (SECTION 5-3-6-6)
27. MMITATION OF LANPLOIR.D'S LIABILITY.
(SECTION 5-3-5-4)
a. Unless otherwise agreed, a Landlord who sells the premises is relieved
of liability under the Lease for events occurring subsequent to written notice to
the Tenant of the sale. Howevev, he remains liable to tine Tenant for any
property and money to which the Tenant is entitled under paragraphs 10 and 11
of this Lease and all prepaid rent, unless [he Tenant receives written notice that
such property, money and prepaid rent have been transferred to the buyer, and
that the buyer has accepted liability for such property, money .Lind prepaid rent.
b. Unless otherwise agreed, the manager of the premises is relieved of
liability tinder this Lease for events occurring after written notice to the Tenant
of the termination of his management.
23. LEAD DISCLOSURE REQUIREMENTS, (SECTION 5-3-5-5)
Landlords subject to this Ordinance roust follow all applicable state and federal
regulations regarding dead poisoning and must specifically:
a. Provide all prospective and current lessees with a copy of the current,
approved U.S. Environmental Protection Agency federal pamphlet on lead -
based paint disclosure.
b. Disclose any known lead hazards.
29, WAIVER OF LANDLORD'S RIGHT TO TERMINATE LEASE .
(SECTION 5-3-6-4)
�3 FIRE OR CASUALTY DAMAGE. (SECTION 5-3-7-6)
TICE OF REFUSAL TO RENEW RENTAL AGREEMENT.
( ION 5-3-9-3)
a. if the rental agreement will not be renewed or if a month -to -month
tenancv will be terminated, the Landlord shall notify the Tenant in writing thirty
(30) days poor to the termination date.
b. if the Landlord fails to give the required written notice, the Tenant may
remain in his dwelling for two (2) months, commencing on the date that the
written notice is received by the Tenant. During such period, the terms and
conditions of the tenancy shall be the same as the terms and conditions during
the month of tenancy immediately preceding the notice.
32. RETA.LIA'rOR7' CONDIJCT PROIIiBITED. (SECTION 5-3-9-1)
a. Except as provided in this paragraph, a Landlord may not retaliate by
increasing rent or decreasing services or by bringing or threatening to bring
action for possession or by refusing to renew a rental agreement because the
Tenant has:
(1) Complained in good faith of a code violation to the government
agency charged with the responsibility for the enforcement of such codes;
(2) Complained to the Landlord of a violation under paragraphs J4 and
28 of this Lease and Section 5-3-5-2(D) or Section 5-3-5-3 of the ERLTO.
(3) Organized or become a member of a Tenant union or similar
organization or,
(4) Exercised or attempted to exercise any right or enforce any remedy
granted to him under this Lease.
h. If the Landlord acts in violation of suhseclion (a) the Tenant has a
defense in Lilly retaliatory action against him for possession and is entitled to the
Following remedies: he shall recover possession or terminate the rental
agreement and in either case, recover an amount equal to and not more than two
(2) months rent or twice the damages sustained by him, whichever is greater and
reasonable attorney's fees. If the rental agreement is terminated, the Landlord
shall return all security deposits and interest recoverable under paragraph 10 and
i l of this Lease and all prepaid rent. In an action by or against the Tenant , if
there is evidence of a previous Tenant complaint within one year prior to the
alleged act of retaliation, it may be presumed that the Landlord's conduct was
retaliatory. The presumption does not arise if the Tenant is making a retaliation
complaint regarding a proposed rent increase which applies to all tenants
renewing their leases around tine same time period.
c. Not withstanding subsections (a) and (b) a Landlord may bring an action
for possession if:
(1) The violation of code was causer) primarily by lack of care by the
Tenant, a member of his family or other person on premises with his consent, or
(2) The Tenant is in default for payment of rent, other than a
purported default under paragraphs 15, 16 and 17 of this Lease and Section 5-3-
7-3 (A-C) and Section 5-3-7-4 (A-C) of the ERLTO.
33. UNLAWFUL INTERRUPTION OF TENIANCY BY LANDLORD
PROWBITED. (SECTION 5-3-12-1 AND SECTION
5-3-12-2)
a. The Landlord or any person acting at his discretion shall not knowingly
oust or dispossess or attempt to dispossess any Tenant from a dwelling unit
without authority of lacy, by plugging, changing, adding or removing any loci: or
latching device. or by blocking any entrance into said unit, or by removing any
door or window From said unit., or by interfering with the services to said unit,
including, but not limited to electricity, gas hot water, plumbing, heat or
telephone service, or by removing a Tenant's personal property from said unit;
or by the use of force or []treat of violence, injury or force to a Tenant's person
of property; or by any otheract rendering a dwelling unit or any part thereof or
any personal property located therein inaccessible or uninhabitable.
h. The provision of subparagraph (a) shall not apply where:
(1) The Landlord acts in compliance with laws of Illinois pertaining to
forcible entry and detainer and engages the Sheriff of Cool: County to forcibly
evict a Tenant or his personal property. or,
(•1) The .Landlord acts in compliance with the laws of Illinois
pertaining to distress for rent, or,
(3) Tile Landlord acts pursuant to court order, or,
(d) The Landlord interferes temporarily with possession only as
necessary to make needed repairs or inspection and oil]), as provided by law, or,
(5) Tile Tenant has a right to possession of (he dwelling unit but has
been absent therefrom for thirty (30) consecutive days without advising the
Landlord of such absence of his/her intent to return, current rent is thirty (30) or
more days overclue, and after diligent inquiry, the Landlord has reason to believe.
that Tenant has abandoned the premises and does not intend to return.
34. LANDLORD RULES AND REGULATIONS. (SECTION 5-3-4-2 (A
and B ).
a. Only written Landlord Rules and Regulations are enforceable.
b. The following rules and regulations if attached hereto, shall be part of
this agreement:
DELIVER)' OF RE- SIDENTAL LAIVI)LORD AND TENANT
ORDINANCE.
As of Ilse date of printing of this lease form, the lease, when fully executed, shall
satisfy Section 5-3-10 of the City Code which requires the Landlord to attach a
copy of the City of Evanston Residential Landlord and Tenant Ordinance to
each written rental agreement and that all acknowledgement of receipt be noted
on the lease.
WITNESS the signatur of the parties hereto, of the first date appearing
above. /1
LANDLORD
TEN A �4
NOTE: Botl andlord and Tenant should initial each page of any typed or
handwritten attachments to Agreement and each party should retain one fully
executed initialed copy of this Agreement.