HomeMy WebLinkAboutRESOLUTIONS-2010-043-R-10• 43-R-10 6/17/2010
A RESOLUTION
Authorizing the Lease of the One -Bedroom Apartment on the
Second Floor of the Service Center, 2020 Asbury Avenue,
to Sabina Mora,. from June 21, 201:0 through August.31, 2010
WHEREAS, the City of Evanston owns certain real property, located at
2020 Asbury Avenue, Evanston, Illinois., which is improved, with a four (4)-story building
known as the Evanston Service Center; and..
WHEREAS, the City Council of the City of Evanston has determined that it
is neither necessary nor appropriate- nor in the best interests: of the City that a. one (1)-
bedroom apartment, located: on the. second floor within said' Service Center, remain
vacant; and
• WHEREAS, the City Council of the City. of Evanston has determined that it
is necessary, appropriate, and in the best interests of the City to rent said apartment to
a full-time employee of. the City of Evanston; and
WHEREAS, that,im addition to being a full-time employee of the City of
Evanston, the tenant of said apartment shall provide watchman service for the Service
Center. This watchman service shall consist of reporting all unusual circumstances
immediately by calling 911 for the Evanston Police Department, contacting the
Superintendent of Streets & Sanitation, and filling out an Incident Report as well as any
necessary follow-up to the incident; and
WHEREAS, the City Council of the City of Evanston has determined that
rthe best interests of the City of Evanston would be served by leasing said property to,
and executing of a lease with, Sabina. Mora,
43-R-10
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 is 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 Sabina Mora
as Lessee, for a certain one (1)-bedroom apartment on the second floor in said Service
Center at a rental of eight hundred dollars ($800.00) per month for the term of June
21, 2010, through August 31, 2010, in substantial conformity with that Lease attached
hereto as Exhibit A and made a part hereof.
SECTION 2: The City Manager is hereby authorized and directed to
negotiate any additional terms and conditions on the Lease of aforesaid room space as
may be determined to be in the best interest of the City. •
SECTION 3: That this Resolution 43-R-10 shall be in full force and effect
from and after the date of its passage and approval in the manner provided by law.
Ro� ney GreXne, City Clerk
1
Eli6l6eth B. Tisdahl, Mayor
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43-R-10
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EXHIBIT A
Lease between the City of Evanston and -
Sabina Mora for the One -Bedroom Apartment on the
Second Floor of the Service Center, 2020 Asbury Avenue,
for the period from June 21, 201:0 through: August 31, 2010
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CITY OF EVANSTON - MODEL LEASE AGREEMENT
LEASE SUMMARY
DATE OF LEASE TERM OF LEASE TOTALRENT PAYABLE SECURITY DECOnATIN(}
FOR TERM MONTHLY DEPOSIT ALLOWANCE'
BMINNING ENDING June prorate SEE
t=AAL t A.M. 26.67 per DENDUM N/A
6/21/2010 8 31 2010 $i,867.00 y: July ten
June 10, 201( — — —qm1— -t
7F NONE, WRITE `NONE'
TENANT
LIST ALL OCCUPANTS
(NAM AND BIR77IDAYS): Garrett Henke
Sabina Mora 3128/83
APARTMENT. 2020 Asbury
ADDRESS OF East Unit 1
PREMISES: Evanston, IL 60201
TELEPHONE:
LANDLORD
NAME(S)' City of Evanston
3/5/85 2100 Ridge
BUSINESfvanston, IL 60201
ADDRESS:
TELEPHONE of landlord cc Agent
24 Hoar Telephone Nmmbar(s): (847) 866-2916
Thia Agreement is made and entered Into on the data fast shown above by andbetween Landlord and Tenant. Landlord and Tenant agreed together:
Additional AGREEMENTS between Landlord and Tenant (if any), including repairs to be made, parldng, storage facilities, renewal
options.
See attached addendum
LEASE AGREEMENTS AND COVENANTS
All sections referred to in this Lease Agreement am regarding sections detailed in the Evanston Residential Landlord and Tenant Ordinance and shall be
referred to thereafter as "ERLTO" - (Chapter also means "ERLTO'7.
1. THE PREMISES. (SECTION 5-3.2 (A))
2. IDENTIFICATION OF OCCUPANTS. (SECTION 5-3-1(5). All rental
agreements for leases of dwelling units subject to this Chapter which are newly
executed andfor renewed on or alter August 1, 1994, shall contain tha fbll 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 an 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, been, trash and garbage removal. For use on the premise
of the following utilities Tenant will be billed directly and make payment to the
utility company (specify) telephone.
S. PERSONS AUTHORIZED TO ACT ON BEHALF OF LANDLORD.
(SECTION 5.3-5-2) (A-q
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 suit
furniture now on the premises (specify, if arty), arc part of the premises and
leased at no extra charge to Tenant with the premises:
9. HEATING AND HOT WATER. Landlord shall furnish 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
premises, and a reasonable amount of heat at reasonable hours at least as
required by the applicable municipal code.
9. USE OF PROPERTY. (SECTION 5-34-4)
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 (1-1/2) 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 no later than six months after the effective date of the lease,
Interest on that portion of a security deposit exceeding one month's re% Upaid
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 tho landlord
as security or pm -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 5-3-4-1 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 duo to
the tenant shall be paid to the tcrmnt within twenty-one (21) days after tenant has
vacated his unit. In the event the rental agreement terminates pursuant to
SECTION 5-3-74(A), regarding Landlord's wrongful failure to supply essantial
services, the obligation imposed on the landlord pursuant to SECTION 5.3.5-
I(C), shall be performed within forty-eight (49) hours after the expiration of the
seven (7) day written notice to the Landlord to restore service.
11. INTEREST ON SECURITY DEPOSITS. (SECTION 5-3-5-1 (B-P
Effective October 1, 2002. a landlord who receives security or prepaid rent from
a tenant shall pay interest to the tenant at the rare equal to the interest rate paid
on such security deposits in the City of Chiewo. Interest on security deposits an
leases commencing prior to October 1, 2002, shall be paid at the ram of five
percent (SV.) per year through December 31. 1975, and five percent per year
from (January 1,1976 through September30, 2002). A landlord shall pay to the
tenant interest on all deposits within thirty (30) days after the cad 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 secudry deposit or prepaid rant exceeding one month's teat, if
paid in installments, shall not be computed until all inatalhnents no paid to the
landlord. (SECTION 5-34-1)
11. ENTRY BY LANDLORD. (SECTION 5-3-4-3)
a. The Tenant shell not unreasonably withhold consent to the Landlord to
enter the dwelling unit in order to inspect the prcmhea, make numary or
agreed repairs, decorationtt, alteration 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 tight of access or use it
to harass the Tenant. Except in cases of emergency, or ankiss it is impractical to
do so, 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 Tempt 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 nod other waste in
e clean and sure manner,
d. Keep all plumbing fixtures in the dwelling unit or and by the Tenant as
clean as their condition permits.
it. Use in a reasonable manner all electrical, plumbing, sanitary, heating,
ventilation, air conditioning and other facilities and appliances; including
elevators, in the premise.
r. Not deliberately or negligently destroy, deface, damage,
impair, or remove any part of the premises or knowingly permit any person to
do an.
g, Conduct himself and require other pers%ns on the premises with his
consent to conduct themselves in a manner that will not disturb his neighbor's
peaceful enjoyment of premises. b. Not engage in or
permit the unlawful selling, possession, serving, storage, deliverance,
manufacture, cultivation, giving away or use of any controlled subslsnoe;
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 S-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 5-3-7-4)
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 most 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 speed service is not restored.
(2) Pay for the provision of these services and deduct the cost from thew
next rental payment, or payments, in the event the cost of services procured
"coeds 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
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(4) Procure substitute housing during the period of the landlord's
noncompliance, in which case the tenant is excused from paying nett for the
period of the landlord's noncomplisaa. The tenant may over the cost of
• reasonable values of the substitute'bcusmg up to an amount equal to the monthly
rent and reasonable attorney s fees.
b. If the reran proceeds under this Section, he may not proceed under
Sections 5.3-7-1 or 5-3-7-3 for that breach.
c. The tenant may not exercise his rights under this Section if the condition
was caused by the inability of a utility supplier to provide service o., by the
deliberate or negligent act or omission of the tenant, a member of his family. or
other person on the premises with his common.
18. TENANTS REMEDIES FOR LANDLORD'S FAILURE TO
DELIVER POSSION OF PREMISES. (SECTION 5-3.7-2)
19. TENANT'S REMEDIES FOR LANDLORD'S UNLAWFUL
INTERRUPTION OF TENANCY. (SECTION 5.3.12.5 )
a. If a Landlord or any person acting at his direction violates paragraph 33
of this Lease, the Tenant shall have the right to terminate the rental agreement
by sending the Landlord written notice of his intention to terminate within three.
(3) days of the violation. If the rental agreement is terminated, the Landlord
shall return all security deposit, prepaid rent and interest to the Tenant is accord
with paragraphs 10 and I I of the Lean.
b. If a Tenn[ in a civil legal proceeding against the Landlord esublishes
that a violation of paragraph 33 of this Lease has occurred he shall be entitled ro
recover possession his dwelling unit or personal property and shall recover: an
amount equal to not more than two (2) months' rem or twice the actual damages
sustained by him, whichever is greeter and reasonable attorney's fees. A Tenant -
may pursue any civil remedy rot violation of paragraph 33 of this lease
regardless of whether a fare hasboost entered against the Landlord pursuentto
Section 5-3-12.1 of the ERLTO.
20. LANDLORD'S NONCOMPLIANCE AS DEFENSE TO ACTION FOR
THE POSSES.STON OR RENT.
(SECTION 5-3.7-5)
21. LANDLORD AND TENANT REMEDIES FOR'ABUSE
OF ACCESS (SECTION 5-3-8-2)
2L LANDLORD'S REMEDIES.FORTENANT'S
NONCOMPLIANCE. (SECTION 5-34-1 )
a (1) it them is a rnaterial-noncompliance by the tenant with the rental
agreement or with Sections 5.3.4-1 (A)-(G), the Lmdlad.may.delivers written
notice to the tenant specifying the acts and omissions constlwting-the breach and
that the rental agreement will terminate upon a date not less than thirty (30) days
after receipt of the notice, unless the breach is readied. by the tenant prior to
the expiration of the notices If the breech isnot remedied prior.to the'expiration
of the notice, the rental agreement shall terminate as provided in the notice.
(2) If there is noncompliance by the tenant with Section 5-3.4-1 (H), the
landlord may deliver written notice to the leant specifying the octs constituting
the breach and that Ibe rental ageeoiew will terminate upon a date no less dean
thirty (30) days after receipt of the notim or, in the rase of ownertmrpied
dwelling units containing two or fewer rooming units. upon a date,not lea than
forty-eight (48) hours after receipt or the notice.
b. If the rent is unpaid when due and the Tenant faits to pay the unpaid rent
Ad&within ten (10) days, or, in the case of owner -occupied dwellIng units containing
two or fewer rooming units, within forty-cight (48) hosts after receipt of wriuen
notice by the Landlord of His/her intention to [emanate the rental agreement if
the rent is no so paid. the Landlord may terminate the rental agreement..
c. Except as provided herein, the landlord may recover damages and
Obtain injunctive relief for any noncompliance by the tenant with rend,
agreement or with Section 5-3-4-L If the tenant's noncompliance is willful..1he
landlord may recover reasonable attonxy's fees.
23: LANDLORD'S, REMEDIES FOR TENANT'S FAILURE TO
MAINTAIN. (SECTION 5-3-&2)
it there is material noncompliance by the.Tmout with paragraph 13 of this Lease
and Tenant fails to eompiy as promptly as conditions permit in core of
emergency or within fourteen (14) days of receipt of written^ notice' by the
Landlord specifying the. breach and:requesting that the Tenant remedy is within
that period of time, the Landlord may enter the dwelling unit and have the work
done in a workmanlike manner and submit a receipted bill from an appropriate
tradesman for the cost thereof as rant on the next day when rent is due, or if the
rental agreement has been terminated;. for immediate paymcm, provided that the
Landlord has fulfilled his alFrmazive obligations under pamgrophs 5.3-5.2(D)
and 5-3-5-3(A) of the ERLTO.
24. SUBLEASES, LANDLORD'S REMEDIES IF TENANT ABANDONS
PREMISES. (SECTION 5-3-6-3)
25. LANDLORD'S REMEDIES FOR TENANT'S HOLDOVER.
(SECTION 5-3.8.1)
26. LANDLORD'S REMEDIES REGARDING PROPERTY
ABANDONED BY TENANT. (SECTION 5-3-6-6)
27. LIMITATION OF LANDLORD'S LIABILITY.
(SECTION 5-3-SA)
a. Unless otherwise agreed, a Landlord who sells the premises is relieved
or liability under the Lease for events occurring subsequent to written notice to
the Tenant of the sale. However, he retrains liable to the Tenant for any
property and money to which the Tenant is emided under paragraphs 10 and I 1
of this Leese and all prepaid rem, unless the Tenant receives written n lim that
such property, money and prepaid rent hove been transferred to the buyer, and
that the buyer has accepted liability for such property, money and prepaid rent
b. Unless otherwise agreed the manager of the promises is relieved of
liability under this Lease For events occurring after written notice to the Tenant
of the termination of his management
28. LEAD DISCLOSURE REQUIREMENTS. (Sf cnolsl 5.3-5-5)
Landlords subject to this Ordinance must follow all applicable state and federal
regulations regarding lead poisoning and must specifically.
a. Provide all prospective and current lessees with a copy of the current.
approved US. Environmental Protection Agency federal pamphlet on lead.
edpaint disclosure.
b. Disclose any known lad harm*.
. WAIVER OF LANDLORD'S RIGHT TO TERMINATE LEASE .
(SECTION 5-3-6.4)
30. A FIRE OR CASUALTY DAMAGE. (SECTION 5-3-7-6)
31. NOTICE OF REFUSAL TO RENEW RENTAL AGREE1,1ENT.
(SECTION 5-3-8-3)
a. If the rental agreement will not be renewed or if a month -to -month
tenancy will be terminated, the Landlord shall notify the Tenant it, writing thirty
(30) days prior to the ten nination date.
b. If the Landlord fails to give the required written notice, the Tarrant may
retain in his dwelling for two (2) months. commencing on the date that the
written notice is morived by the Tenant During such period, the terms and
conditions of the latency shall be the same as the terms and conditions during
the month of tenancy immediately preceding the notice-
32. RETALIATORY CONDUCT PROHIBITED. (SECTION 5.3-9.1)
a. Except as provided in this paragraph, a Landlord- may not retaliate -by
increasing rent or decreasing services orby bringing or threatening to bring
action for possession or by refusing to renew a rental' agreement because the
Tenant has:
(1) Complained in good forth of a code violation to the government
agency charged with the responsibility for theenfotcement.of such codes;
(2) Complained to the Landlord of a violation under paragraphs 14 and
28 of this Lease and Section 5-'i-5-2(D) or Section 5-3.5=3 of the ERLTO.
(3) Organized or, become a. member of a Tenant union or similar,
organiiation•or.
(4) Exemised'or attempted. to exemito- any right or enforce any, remedy
grunted to him under this Lease.
b. if the Landlord acts in violation of subsection (a) the Tenaor has a
defense in any retaliatory action against him fa possession and is entitled to the
following remedies: he sho(1 recover posseWon or terminate. the rental
agreement and in either case, recover an amount equal taand'notmore than two
(2) months rent or twice the damages sustained.by him, whichever is gredtar and
reasonable nuottey's fees. If the mnatl•agrcemenl is terminated, the Landlord
shall n wen all sectriry,deposits and intenst recoverable under paragraph 10 and
I I of this Leese and all prepaid' mm. In an action by or against the Tenent , if
there is evidence of a previous Tenant.eomplaint within one year prior to the
alleged act of retaliation, it may be presumed, "I the Landlord's conduct was
retaliatory. The presumption does no arise If the•Tenentis making a,retaiistion
complaint regarding a proposed rent• increeae which applies to all tenents
renewing their leases around the same.dme period.
e. Not withstanding subsections (a) and (6) a Landlord�may bring an action
for prsssession, if:
(1) The.violation of code wasaused:primaily by lack of care by the
Tenant, a member of his family orothec (arson on premises with his.cons=4 or
(2) The Tenant is in default, for, payment of teat. other than. a
putrportecidefault under paragtnphs IS.' M and [Tor this Lease and Section 5.3.
7-3 (A-C) and Section , 54-7.4 (A-C) of the.ERLTO.
33. UNLAWFUL INTERRUPTION' OF TENANCY BY LANDLORD
PROHIBITED. (SECTION 5-3-12-1 AND SECTION
5-3-12-2)
a The Landlord ar any person acting at his discretion shall not knowingly
ourst or dispoues or attempt to dispotters any. Tenant from a dwelling unit
without authority of law. by plugging, changing, adding or removing any lock or
Inching devnce,.or,by blocking tiny entrarnee into said unit. or by removing any
door ar window from aid.unit. or by interfering with the services'to said unit,
including, but rat limited to electricity, gas hot watt,, plumbing• heat or
teephons service, or by removing a Tenant's personal property from said unit;
or by the use of force or treat of violence, injury or farce to a Tenant's person
or property; or by any other act rendering a dwelling unit or any part thereof or
anpPasonal property located.therein inaccessible or uninhabitable.
b. The provision of subparagraph (a) shell not apply where:
(1) The Landlord ants in compliance with laws of Illinois pemainingio,
forcible entry end detainer and engages the Sheriff of Cook County to forcibly
evict a Team or his personal property, or.
(2) The landlord sets in compliance with the laws of Illinois
pertaining to distrea.fdr rent•, or;
(3) The Landlord acts.pursuant to court order, or.
(4) The Landlord interferes temporarily with possession only as
necessary to make needed repairs or inspection and only as provided by law, or,
(5) The Tenant has a right to possession ofthe dwelling unit but has
beenabsent therefrom for thirty (30) consecutive, days without advising the
Landlord of such absence of his/her intent to return, curent.mnt-is thirty (30) or
mote days overdue, and afar diligent inquiry, the Landlord has reason to believe
that Tenant has abandoned the ptemises'and. does not intend to return.
34. LANDLORD RULES AND REGULATIONS. (SECTION 5-34-2 (A
and B).
a. Only written Landlord Rules and Regulations ate enforceable.
b. The following ales and regulations if macbed hereto, shall be part of
this agreement:
DELIVERY OF RESIDENTAL LANDLORD AND TENANT
ORDINANCE.
As of the date of printing of this lease form, the lease, when fully executed, shall
satisfy Secdon 5-)-10 of the City Code which requires the Landlord to attach a
copy of the City of Evanston Residential Landlord 11ad Tenant Ordinance to
each -written rental agreement and that an acknowledgement of receipt be noted
an the lease.
WITNESS the signatures of the parties bemm, as of the first date appearing
above.
LANDLORD
TENANT
NOTE: Both Landlord 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
CITY OF EVANSTON - MODEL LEASE AGREEMENT ADDENDUM
Total Rent
Security
Date of Lease
Term of Lease
From Term
Payable Monthly
Deposit Decorating Allowance
June prorated $26.67 per
June 21, 2010 -
day: July rent $800; Aug
10-Jun-10
August 31, 2010
$1,867
rent $800
See below N/A
Tenant name
Sabina Mora
3/28183
and DOB:
Garrett Honke
3/5185
Apartment:
2020 Asbury Ave
Business:
2100 Ridge Ave
Address of:
Ease Unit 1
Address:
Evanston IL 60201
Premises:
Evanston, IL 60201
Telephone of Landlord:
847-448-8478
Telephone:
Additional AGREEMENTS between Landlord and Tenant Including repairs to be made, parking arrangements,
storage facilities, renewal options:
1. If during the term of the lease, the employment of the Tenant with the City of Evanston is terminated for any reason, the
lease term shall terminate 30 days from the tenant's last day of said employment.
2. The Evanston Housing Code restricts occupancy of the Unit to Two (2) individuals.
3. One dedicated off street parking space on the 2nd floor above the 2020 Asbury Building, is provided for this rental unit.
4. The tenant shall provide Watchman Service for the 2020 Asbury property (known as the Municipal Service Center). This
Watchman Service shall consist of reporting all unusual circumstances immediately and calling 911 Evanston Police
Department and filling out an Incident Report as well as any necessary follow-up to the incident.
5. Water electricity and natural gas for heat and hot water are included in the rent.
6. Telephone and cable TV monthly fees are not included.
7. The building is a non-smoking building and there is no smoking within the building including the apartment or within 25 feet
of any building entrance
8. Security Deposit - In lieu of security deposit, payment for all damages, if any, will be deducted from the tenant's last City
of Evanston pay roll check.
LANDLORD: Date:
TENANT Date:
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