HomeMy WebLinkAboutRESOLUTIONS-2010-044-R-10.7
6/18/2010
44-R-10
A RESOLUTION
Authorizing the City Manager to Execute a Lease
between the City and 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 currently lease said apartment
pursuant to a lease dating from August 1, 2009; and
• WHEREAS, said lease will expire on July 31, 2010; and
WHEREAS, the Robinsons have proposed to execute a new lease for
said apartment; and
WHEREAS, the Robinsons are up-to-date in their rent 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 the Robinsons,
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.
44-R-1.0 -
SECTION 2: 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 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, 2010, through
July 31, 2011, 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 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 44-R-10 shall be in full force and effect
from and after the date of its passage and approval in the manner required by law.
odney reene, City Clerk
Adopted: ( , 2010
EliZ2lheth B. Tisdahl, Mayor
n
U
•
:7
-2-
CITY OF EVANSTON - MODEL LEASE AGREEMENT
LEASE SUMMARY
TOTAL11E14T A�AFL—E Srcu- try DE RATING
DATE OF LEASE--- _-TERM OF LEASE FOR TERM MONTHLY DEPOSIT' ALLOWANCE'
1
I � BEGINNING ENDING
•t I MW A.M. 1201 A.M.
i 7/12%10 (tf:%L,Q 7 37.f1_ `�15,bQQ.00 ',1300.00 131300.U0 i
IF NON!~ WRITE "NONE"
TENANT Nolan Robinson 7/2/69
LIST ALL OCCUPANTS `+orrice Robinson 7/21/74
(NAMES AND BumwxYS):Timerra 17Unnock 7/12/95
Nora and Nolan Robinson S/25/99
APARTMENT- Boiler Room Apartment
ADDRESSOF 1223 Sinoson Street
PREM1sPs: Evanston, IL 60201
TELEPHONE:
LANDLORD City o1 Evanson
NAME(S): Faciliti Fps Muanag,?m2nt
BUSINESS: Room 1450
ADDRESS: 2106 Ridge Avg-nue
Evanston, 11 6020,
TELEPHONE of Landlord or Agent:(847) 866-2916
24 HourTalephone Numbrx(s), (847) 366_2916
This Agreement is made and entered into on the date first shown above by and bevxeen 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
Option.
Resolution 44-R-10 authorizinF the City Manager to enter into a lease
with Nolan and Norma Robinson '.'or the Boiler. Roma Apartment located
at 1223 Simpson Street, Evanston, 11 60201.
LEASE AGREEMENTS AND COVENANTS
All sections referred to in this Least Agreement are regarding sections derailed in die Evanston Residential Landlord and Tenant Ordinance and shall be
referred to thereafter as "ERLTO" - (Chapter also means "ERLTO"}.
I. 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 eonmin the full names
and birth dates of all occupants of the dwelling unit leased or to be seated 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
�jMe in occupancy and shall in no. case exceed the maximum occupancy
ed elsewhere in the City Code for Mat sin: unit.
RM OF LEASE AND RENT. (SECTION 5-3-3-11
4. UTILITIES. Landlord agrees to famish 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 fixtuTcs,
electrical fixtures, refrigerators, ovens, stoves and all following fixtures and
furniture now on the premises (specify, if any), are pan of the premises and
leased a no extra charge to Tenant with the premises:
B. HEATING AND HOT WATER. Landlord shall furnish to and for the use
of Tenant, in fixtures on the premise provided for such purpose by Landlord
and no other fixturm hot and cold water in radiators or other fixtures on the
premises, and a reasonable amount of heat at reasonable hours at [cast as
required by the applicable municipal code.
9. USE OF PROPERTY. (SECTION 5-3-44)
10. SECURITY DEPOSIT. (SECTION 5-3-5-1(A-0)
a. Upon execution of this agreement, Tenant shalt pay Landlord security
deposit equal to shown in the Lease Summary unless such security deposit is
equal to one and otrc-half (1-1/2) month's rem. If the Landlord requites a
security deposit in excess of one month's rent, that portion in excess of one
month's rent at the election of the TeoanL 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 an 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 termitmtion of tlx Tenancy, property or money held by the Landlord
as security or pre -paid rent may be applied to the payment of occmed 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, a0 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 er prepaid rent not so applied, and any interest on such security dux to
nt shall be paid to the tenant within twenty-one (2 1) days after tenant has
his unit. [a the event the rental agreement terminates pan( to
ON 5-3-7-4(A), regarding Lmrdlod's wrongful failure to supply essential
services, the obligations imposed on the Landlord pursuant to SECTION 5-3.5-
I(C), shall be perforincrt 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-C)
Effective October 1, 2002, a Landlord who receives security or prepaid rent from
a tenant shall pay interest to the tend at the rate equal to the interest raze 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 (Jamtary I, 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
whco tenant is in default under tetras of the rental agreemenL Interest m that
portion of the security deposit or prepuid rem exceeding one month's rent, if
paid in installments, shall not be computed until all installments ate paid to the
landlord (SECTION 5-3.5-1)
12. ENTRY BY LANDLORD. (SECTION 5-34-3)
a. The Tenant shall not unrersomably 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, Teams or workmen.
b. The Landlord may enter the dwelling unit without consent of the Tenant
in case of ernergency. The Land rd shall not abase the right of access or use it
to harass the Tenant. Except is cases of emergcacy, or unless it is impractical to
do so, the Landlord shall give the Tenant at lama 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 [fie 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 cmulition permits.
a Use in a reasonable manner all electrical, plumbing, sanitary, heating,
ventilation, air conditioning and other facilities and appliances, including
elevators, in the promise.
F. Not deliberately or negligently destroy, deface, damage,
impair , or remove any part of the premises or lmowingly 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 any controlled substance;
prostitution; or gambling on the leased premises.
14. ADDITIONAL LANDLORD OBLIGATIONS, (SECTION 5-3- 5-3)
IS. TENANT'S REMEDIES FOR LANDLORD'S NON COM-
PLIANCE (SECTION 5-3 -7-11
16. TENANT'S REMEDIES: SELF HELP FOR DEFECTS AND RENT
WITHHOLDINGS. (SECTIONS 5-3-7-3)
17. TENANT'S REMEDIES FOR LANDLORDS FAILURE TO SUPPLY
ESSENTIAL SERVICES. (SECTON 5-3-74)
L if contrary to the rental agreement, the Landlord, fails to supply heat
running water, hot water, electricity, gas, or phoning the Tenant may;
(l) 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 Mc specified service is not restored.
(2) Pay for the provision of these services and deduct the cost them their
next rental payment or payments, in the event the cost of services procured
exceeds the amount of the next rental payment.
(3) Rccover damages based upon the diminution in the fair rental value
of tht dwelling unit and reasonable amomcy's fees; or
141 It"'wo, dnrine Ihr !',nio,i 0 :, tindlord,.,
it, which last tt,L wnaoi i., .%icust(I from ryirg neat rur the
period of ilat landlard's nonzonillhanCe. Thu tC]Nlol may TeC.01-11 I? I' Cos.' of
Up 1,i_a umo,mit'riull I. II,. T.,riiilh
lt,nk 'tild licasti,:W-
h.
Tint. wn,o: ni.lt not M., ri-_-hrs tr,. secn:w I. ill,
:a—C 1". Qlz ivalvilit, ot. u7ifi!..•I:, maid:
ill,
J.,liberait o- -glig-t a.." , . " w.is " X !IIT. . 1
pers.,va •-I, (liv prevli.,V.: "il, 1%1. .
rs TrM.-Jt7':RElifMIE" POP LA M%t �CIPD'.' .I.:.
DEUVER POSMON OF pRFft,,SE,,.
RYJ,".PU.._ Ff.,T! P ,, .0 1 t 1)
�jv
rr-r—MRRIT—L.' ->j --)F TFN.;,W' -SE,7101j', I
I.. i'.i L-01 lei or ar, ,, Ifl, iolL,,,. :%,",omph
x !It:.% eras. Ii, 7(tiwill Ah..Il r., ... IS, ighl io wt :tima- Ih.-- -crtcd t.lit-Mlly
by selid;-il; thr %:wdl,.rl; wmwit no- tac -4 h:.-, irzt-winit if. (conni tie within ftev
:3`1, day: o: in- violntinn. li Ill. . :wIrerrunt i:: ton 7--cli,ml
.4half iennij •ill . oirity doxisit. prriiii: .1,1 111 Ill, in
-ell rangandr, 11) ;,tic' I I oe the Le,:tsz-
h If a Tenant in . 661 legal "or,eding acai,ea, the LaoIJIL111i ellPhlittl1i':
:Ija! ;I j,)IjIjioa e.r paragraph 13 .1 :.6;... L,%ti:;, 1,.,. 1,:, 1 he shall 1, 1.-
co, a pos,vsmon his dvelfing imil UL pMowl li.olpem sl,l kill lvLxi al'
amount equal are not more than 1%4, ! 2! rlonrV rent or rwicv the wivId (kinlwgt:
Itusta-rie(i by him whichever is grc-io,I :iCd UVOWIMIlL 111001t,`5 1 A Truant
may pursue an,' mil remedy fill' Violation of jlloagrAl)h 3.3 Ill' 1161 Lease
regardless of whether a firic has I- entered thr L.rallon, ot,irs"arl to
Section 5-3.12-1 of the EPLTO.
30. LANDLOlUk'S NONCOMMIANCE AS DEFENSE TO ACT14 PN FOR
THE POSSESSION OR PENT.
(SECTION
21. LANI)LORD AND TENANT REMEDIES FM ABUSE
OF ACCESS_ I SECTION
12. LANDLORD'S REMEDIES FOR TENANT'S
NONCOMPLIANCE. (SECTION 5-36-1 1
a, (I i If therc is a =[trial noncompliance by the telauns with the rental
aSn,eTn=ir/with Sections 5-3-4-t
notice In the tenant specifying the acts and urnissions constituting the breach and
Thu( the rental agreement will terrininatu, upon a date not less than thirty (-W days
after receipt of the notice, unless the breach is remedlell by the Icnani prior to
!hr expiration of the notice. If the breach is not vernedied poor to the c%piratiliti
Of The notice, the I ental agreement shall terminate as priwidt] in the notice.
12) If IN" is noncompliance by the tenant with Section " �-34-1 i H), die
landlord Trial, deliver written notice, to the tentau. specifying I[W acts constituting
the breach and t6 the rental agre"leni will terminate upon a ddfe ran less than
thirty (30) days after receipt or the notice. or. in (lie case (if owner -occupied
dwelling units containing two or (elver rrtomijl, � uniLI,. upon a dare not less than
folly -eight 148) Violin, after receipt of the notice.
h. if the rmt is unpaid when duc, and the Tcnatnt fads LD pay ific unpaid rent
within ten ON days, or. in the case orowner-oLvullied dwelling witis comairime
twtt of fewer toilming unim within forry-eight i4ti! hours after receipt of written
notice by the Landlord of hisfact- intention tc• terminate the itilla: agivernical if
the rant is not so livid. the Landlord Ina, Terminate (lie rental ago: nattnl.
v. Except a,, provided hetI itit, landlord may reco— d._,nwpc,, and
nNain hijurar,iv, rrijer inif an) a(,ov,,rIjplja,,C I, S. The, Itnaril with rL"141
agreement or with Section 5-?4-1. II' lhr.ten,.i,n'5 rice"crtivii.muri: 11e
landlord may IYcnvtr feasonahl.:fret..
23. LANDLOPIL".1 TO
:r them is material I_., the Tcran- ivt
roc' Tenant Nil.- r, oomph u., ,rom,qj, i: iI. z;-,, or
fourleM - ;-I r (1,I1N of :-.ecjrt ill 9•rin.11 I— it, -
110 r"t—Miny Lll,l, 01. T,fll j.o,!, ithii
;,.,i Illc row n, r thee tmil 'n.: it • ...r;
mml I, it - I -
It,! thereo`;" flwt-.: ll;t; I J."t cel; or I: a.
.,nl:i J,rwicv. -1 5 p.fta
._'Lodl,nd lea.. fvlI5!I,.I his ulfmn;".
It,
V!
:.II,1!ih nod,, Ili, 1:.I I,—
v'.v. it inm�,, Io "Nell II?.'t.-tt, J,rft�. w.T., t,w
!-J - L,�s, nrid Ill I,,wpjid .. ".• - "I.:. ;' "Lli- -
..0. twi-u.. and irr,;ta. r- :1; lj.....,
Ii:,h;jhy it.: rM,
hol.il It jildr Ill, _,.c for
ierminaii(iji oiln.-, Twtitnit-in,ni
mj... of
F;t P ;-1 f-r-lommi;', :,j,;, t.::, '11, :It.
:%,rr! ("iri'di. J, Ili_
it. Ulowr.
-o-
h. 11 ill, !�mdlord fads tt,,,i,r the required i, no.-:,
:'main in his dwflihiv r rev C) months. cmroo-'- 0�ri,: ",e"
wrirtenTiNki. i-eceived h'. thcTenntil. Duna; 11 •' ".
t0lWni0n`e of the leninvi shall in: li-f same a:. fit,
the month oI woun.) iramedialt,11, pietvd,rg Ill- titan.
ti as pro"t6ci it ilki, istr.,,at,plt. :: Lao.1k,;d IT.,: I."
i,Ic1cj.;iqlj rein fq, llevrYou .;%-,i,,:s l,I, by ;,;rI w I -v
u,rion fo., c, M ki rcw-
Tenant has
11% CIIII.Phlilled ill gla III faith of ;I 1:01le ii,119'en I.; Llli ZN.
aitvov, ch.p:O with Tile Y,er- the
(2) 17%,nipIchied I:, tfic Land!,,rd or; vi—likii
21,ofiiii, Lents, and Sri emit 5-.i1IDI or Szoh-,, 4--',-.', of the
or tn:-mlct tioio; ri
[A! Exerci.,eti or allorul'I'l w C cl- it' calm,- 1'!,c,:,-
grmtrJ w his, Under this L.,35,
b. V the Liindlonl nc I, in I o,tim aI - v!,, v, :t, I.*
dMens, ;n an) rewtiauir,, vi-ti,tj ("M (o. '!I, 4KI I- oliv :%a '..
folk-i"'e lvmit,Idiita: he shall .ro,x - ivimiww: II, Itw..
agreement and in either case. rkrover :in annual ctLnI.1l I- and not int— that, I
(1) months tell: or Ivice the davvqm^: st,staht-d h., him. hiclie-vT I-. Ve.:i:cr P-i
reasonable aniamey's f", tr the rental agreement is imunate(L til, :-andkind
shall icturn all aecuriry depitsito and interest Tm%,Y.d,I: under pal-isr.1111, Iffand
I I of this Leaso and all prepaid real. In an acticii ky of against ilie Tnanl if
them is evidence of a previous Timant complaint within one year rritr, to the
alleged act of Tetialialint it ma) he presumed that the Lmcllo�d-s CLd);J=1 wit,
retaliatory. The presumption does nor wise if flie Tenant is making u ro-taliatimi
complaint regarding a proposed rent increase which applie., it, :W ttInanis
renewing their leases around the same time period.
c. Not wiffistandinfisubsections (a) and IN -, �1- ndlind may linoy an acritm
I'm possession if!
r I) The violation or code wa,, caused Trinnani-, by jact, of care IT ' v the
Tenant. a member of his family or other rerson on premises with Ilk conscill, OF
(2) The Tenant it. in detnult for feavrincol of Tell!. otls lion a
purported ddauli untler paragraphs 15. 16 and 17 of ihir Le-,;c and
M (A-0 and Section 5-1-7-4 (A-C)of the EPLT0.
3A. UNLAWFUL MERRM101J. OF TrNANn' BV LANDLORD
PROMIRTTED. FSECTION. i-3- 12-1 AND SECMON
S-1-
a, The Landlord ot-tini, person acting at his discretion shall not knowingly
oust or dispossess of attempt to dispossess in) Tenant from li dwelling uni,
without aulthoruy or law. by PILIgging, clianging. addling of retri ill ' , lock 'A
latching device, or by blocking tiny antravicc into said lsnk. of by wrift.1"Jug any
door or window, from said unit. or In interfering with r1tv services TO said Mir.
including. bal Title limited To Citc1liCiL), gas 110L water, plumbing. heal in
telephone, service, o>r by renno"n, a Tenant's personal prollerty hnn- said uriv..
or by the use of force ur ih—i or NlolellLd, iniur% or form to a 7,tivan('. perrildilk
o, proper)': of by any other av, rend.,hie a rl,dliot unit a, any inn 'ht-o'
any perional rmincrly iNairdl Ittentin joltv,ce.,ihi, ur uninhabnuble.
b. The rlo,isiono, ,thp:grnj%, --) 'Itt'll ],,,( aPP11 'her'.
i I I The Landlord ale:; in c,.Topliance,,ijh in,;. .! Illini, 1,
1 iiih, entry and driahlor, oral the ^hv,-fl ".0: !, ruoo I -
lorrvni .
re";
.t., dr.y C pt"'t,
J,
.1.15":.
r. o,
.1; t!v -i:,It I I
o': I, ll:- `_
4