HomeMy WebLinkAboutRESOLUTIONS-2011-041-R-1111
6/27/2011
41-R-11
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, 2010; and
• WHEREAS, said lease will expire on July 31, 2011; 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:
part hereof.
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SECTION 1: That the foregoing recitals are found as fact and made a
41-R-11
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, 2011, through
July 31, 2012, 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 41-R-11 shall be in full force and effect
from and after the date of its passage and approval in the manner required by law.
Attest:
Rod* ey Gr ne, City Clerk
Adopted: I
11 , 2011
Elifal*th B. Tisdahl, Mayor
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EXHIBIT A
Lease Between the City of Evanston and
Norma and Nolan Robinson for the
Apartment Located at 1223 Simpson Street
for the Period of August 1, 2011 through July 31, 2012
41-R-11
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CITY OF EVANSTON - MODEL LEASE AGREEMENT
LEASE SUMMARY.
DATE OF LEASE TERM OF LEASE
TOTAL RENT PAYABLE SECURrrY DEGORATING
FOR TERM MONTHLY DEPOSIT' ALLOWANCE'
BEGINNING ENDING
12,01 AM. 12.•01 A.M.
8/�i/111aa 7/31,12
CATE
$15,600.00 $1300.00 $1300..00
-IF NONE, WRITE NONE"
TENANT Nolan Robinson
7/2/69 LANDLORD City of. Fvanston
LIST ALL occuPANTSNorma = Robinson
7/21/74 NAME(S): 7 Facilities Management
awvw AND BIRTHDAYS): Timerra Dunnock 7/12J95 Room 1450
Nora and Nolan Robinson
5/25/99 Ridge AvR
APARTMENT' Boiler Room Apartment
BUSD2100
Evanston, Il 60201
ADDRESSOF i223 Simpson Street
ADDREDDRESS:SS:
A
PREMISES: Evanston, Il 60201
TELEPHONE:
TELEPHoNEofLandlordorAgent (847) A66-2916
'
24 Hoar Telephone Number(s):
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 41—R-11authorizing the City Manager to enter into a lease
with Nolan and Norma Robinson for the Boiler Room Apartment located
at 1223 Simpson Street, Evanston, Il 60201
LEASE AGREEMENTS AND COVENANTS
All sections referred to in this Lease Agreement are regarding sections detailed in the Evanston Residential Landlord and Tenant Ordinance and shall be
referred 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 arc 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. Tie 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. rase 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.
S. 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 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 agteemenk 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 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 5-3-4-1 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 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 5-3-74(A), regarding Landlord's wrongful failure to supply essential
services, the obligations imposed on the Landlord pursuant to SECTION 5-3-5-
1(C), shall be performed within forty-eight (48) hours after the expiration of the
seven (7) day written notice to the Landlord to restore service.
i.I. 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 tenant at the rate equal to the interest rate paid
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 neat 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 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 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.
e. Use in a reasonable manner all electrical, plumbing, 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 any controlled substance;
prostitution; or gambling on the leased premises.
14. ADDITIONAL LANDLORD OBLGATIONS. (SECTION 5-3- 5-3)
I& TENANT'S REMEDIES FOR LANDLORDS NON COM-
PLIANCE (SECTION 5-3 -7-1)
16. TENANT'S REMEDIES: SELF HELP FOR DEFECTS AND RENT
W]THHOLDINGS. (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 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 notratored.
(2) Pay for the provision of these services and deduct the cast from their
next rental payment, or payments, in the event the cost of services procured
exceeds the amount of the next rental payment
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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 rent for the
period of the landlord's noncompliance. The tenant may recover the cost of
reasonable values of the substitute housing up toanamount equal to the monthly
rent and reasonable attorney's fees.
b. If the tenant 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 or by the
liatte or negligent act or omission of the tenant, a member of his family, .cr
on on the premises with his consent
VENTENANT'S REMEDIES 'FOR LANDLORD'S FAILURE TO
VMKVER POSSION OF PREMISES. (SECTION 5-3.7-2)
19. TENANT'S REMEDIES FOR LAND)ORD'S UNLAWFCL
INTERRUPTION OF TENANCY. (SECTON 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 i-andlord written notice of his intention to terminate within three
(3) days of the violation. If the rental agreement is terminated, the Landlord
shall ream all security deposit, prepaid rem and interest to the Tenant in acccrd
with paragmplis)0 and I l of the Lease.
b. If a Tenant in a civil legal proceeding against the Landlord establishes
that a violation of paragraph 33 of this Lease has occurred he shall be entitled to
recover possession his dwelling unit or 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 paragraph 33 of this Lease
regardless of whether a fine has been entered against the Landlord pursuant to
Section5-3-12-1 of the ERLTO.
20. LANDLORD'S NONCOMPLIANCE AS DEFENSE TO ACTION FOR
THE POSSESSION OR RENT.
(SECTION 5-3-7-5)
2L LANDLORD AND TENANT REMEDIES FOR ABUSE
OF ACCESS. (SECTION 5-3-8-2)
22. LANDLORD'S REMEDIES 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 5-34-1 (A)-(G), the Landlord may deliver a written
notice to the tenant 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 the notice, unless the breach is remedied by the tenant prior to
the expiration of the notice, if the breach is not 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 tenant specifying the acts constituting
the breach and that the rental agreement will terminate upon a date not less tiara
thirty (30) days after receipt of the notice, or, in the case of owner -occupied
dwelling units containing two or fewer rooming units, upon a date not less Lian
forty-eight (49) hours after receipt of the notice.
b. If the rent is unpaid when due and the Tenant fails to pay the unpaid rent
within ten (10) days, or, in the ease of owner -occupied dwelling units containing
two or fewer rooming units, within forty-eight (48) hours afterreceipt of written
notice by the Landlord of his(her intention to terminate the rental agreement if
ent isWnot so paid, the Landlord may terminate the rental agreement
Except as provided herein, the landlord may recover damages and
injunctive relief for any noncompliance by the tenant with rental
ent or with Section 5-3-4-1. If the tenant's noncompliance is willful, the
landlord may recover reasonable attorney's feet.
23. LANDLORD'S REIV HIES FOR TENANT'S FAILURE TO
MAINTAIN. (SECTION 5-3-6-2)
If there is material noncompliance by the Tenant with paragraph 13 of this Lcase
and Tenant fails to comply as promptly as conditions permit in case 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 rent on the next day when rent is due, or if the
rental agreement has been terminated, for immediate payment, provided that the
Landlord has fulfilled his affirmative obligations under paragraphs 5-3.5-2(D)
and 5-3-5-3(A) of the ERLTO.
24. SUBLEASES, LANDLORD'S REMEDIES W TENANT ABANDONS
PREMISES. (SECTION5-3-6-3)
25. LANDLORD'S REMIMIES FOR TENANT'S HOLD OVER.
(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 5-3.5.4)
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. However. he remains liable to the Tenant for any
property and money to which the Tenant is entitled under paragraphs 10 and 1 I
of this Lease and all prepaid rent, unless the 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 and prepaid rent.
b. Unless otherwise agreed, the manager of the premises is relieved of
liability under this Lease for events occurring after written notice to the Tenant
of the termination of his management.
2& LEAD DISCLOSURE REQUIREMENTS. (SECTION 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 U.S, Environmental Protection Agency federal pamphlet on lead -
based paint disclosure.
b. Disclose any known lead hazards.
WAIVER OF LANDLORD'S RIGHT TO TERMINATE LEASE .
ON 5-3-6-4)
FIRE OR CASUALTY DAMAGE. (SECTION 5.3.7.6)
W
TICE OF REFUSAL TO RENEW RENTAL AGREEMENT.
ON 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 in writing thirty
(30) days prior to the termination date.
b. If the Landlord fads to give the requited 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. RETALIATORY CONDUCT PROffiBTTED. (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 responsibilityfor the enforcement of sw! codes;
(2) Complained to the Landlord of a violation under paragraphs 14 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 membet 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.
b. If the Landlord acts in violation of subsection (a) the Tenant has a
defense in any retaliatory action against him for possession and is en(ided 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 1 of this Lease and all prepaid rent. In an action by or against the Tenant , if
there is evidence of a previous Tenant complaint withiWone year prior to the
alleged act of.retaiiation,•.it may be presumed that the landlord's conduct was
retaliatory. The presumption dries pot arise'if the Tenant is making a retaliation
complaint regarding a proposed rent incieasc which applies to all tenaitts
renewing their leases around the 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 caused 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, I6 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 TENANCY BY LANDLORD
PROHIBITED. (SECTION 5-3-12-1AND 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 law, by plugging, changing, adding or removing any lock 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 io 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 threat of violence, injury or force to a Tenant's person
or property; or by any other act rendering a dwelling unit or any part thereof or
any personal property located therein inaccessible or uninhabitable.
b. The provision of subparagraph (a) shall not apply where:
(1) The Landlord acts in compliance with laws of Illinois pertaining to
forcible envy and detainer and engages the Sheriff of Cook County to forcibly
evict aTenant or his personal property, or,
(2) The Landlord acts in compliance with the laws of Illinois
pertaining to distress for 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 of the 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 overdue, 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
DELIVERY OF RESIDENTAL LANDLORD AND- TENANT
ORDINANCE.
As of the 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 an acknowledgement of receipt be noted
on the lease.
WITNESS the signatures of the patties hereto, as of the fast date appearing
above.
LANDLO
TENANT a.
NOTE Both dlord 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