HomeMy WebLinkAboutRESOLUTIONS-2013-017-R-132/22/13
17-R-13
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, 2011; and
WHEREAS, said lease expired July 31, 2012; 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.
17-R-13
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, 2012, through
July 31, 2013, 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 17-R-13 shall be in full force and effect
from and after the date of its passage and approval in the manner required by law. •
Attes
"A y�
Ro ey Gre e, City Clerk
Adopted: `iMOAA,4A l' , 2013
Eli2oeth B. Tisdahl, Mayor
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CITY OF E•VANSTON - MODEL LEASE AGREEMENT
LEASE SUMMARY
I3An OF LE ASP, TERM OP LEASE TOTAL MIT PAYABLE SECURITY
FOR TEI M MONTHLY bEPOSIT
13 G114NING .E"Wo
12,01 A.M.
$11111-3 $N/-'
12:01 &K 15 btu• 1
V31/13..
pATti YEAR
DATE YEAR
TENANT Nolan Robinson
7/2169 LANDLORD
Norma Robinson 7121/74
Timera Dunnci* 7/12195
Nora. and Nolan Robinson
5/25199
Y t/ aC)o
DECDRAT?NG
ALLOWANCE
IV/A-
City of Evanston
Apartment: Boiler Room Apt
13ttsiness: 2100 Ridge Ave
Address of 1223 Simpson
Address: Evanston 1L 60201
Premises: Evanston, IL 60201
Telephone of Landlord: 847-448-8238
Telephone:
24 How' Telophone:
This Agreement is made and entered into on the date first shown by and between Landlord and Tenant. Landlord
and Tenant agreed together:
Additional AGREEMENTS between Landlord and Tenant (if mv), including repairs to be made, parking, storage
facilities, renewal options. 5 i 01 a 6J 1ri � V,
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LEASE .AGREEMENTS AND COVENANTS
Ail sections referred to in this Lease Agreement are regarding sections detailed in the Evanston ltesidential Landlord and Tenant
Ordinance and shall be referred to thereafter as TTERLTO' — (Chapter also means "ERLTO")
1. TIM PREMISES (SECTION 5-3-2 (A))
2. IDENTIFICATION Or, OCCY7PAiNTS. (SECTION 5-3-1(8))
All rental agreements for leases of dwelling units subject to Tide5
Chapter 3 shop contain the full names and birth dates of ell occupants
of the dwelling unit leered 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 oceup ocy and shall in no case exteed the, maxdmum
occupancy permitted elsewhere in the City Code for first size unk.
3. TERM OF LEASE AND PXNT. (SECTION
4. UTIL1TIEs. Lattdiord agrees to Aumish the following services
to Tenant: electricity, gas, water, heat, trash and garbage removal. For
use on the pmolses of the following utilities Tenant will be billed
directly and make payment to rho utility company (specify) telephone.
5. PERSONS AUTHORXZZD TO ACT ON HKHALF OF
LANDLORD (SECTION 5+3-5 2)(A-C)
i 6. CODY VIOLATIONS. (SECTION 5-3-5 2)(D)
7. F:Gc=FS. All cabinets, drapes blinds and shutters, plumbing
factures electrical fixtures, refrigerators, ovens, stoves and all
following Vxtures and fumitum mow on the premises (specify, it any),
are part of the promises and leased 0 no extra charge to Tenant with
. .' the premises:
8. IMATXNG AND HOT WATER. Landlord shalt furnish to
and for the use of Tenant; in fmturw on the promises provided for
such purpose by Landlord and no other fixttues, hot and cold water in
radiators or other fixtures on the promises, and a reasonable amount
of hest at reasonable hours at least as required by the applicable
municipal code.
9. YJSE OF PROPDRTY (SECTION 5 3-")
10. SECURITY DEPOSIT. (SECTION 5.3-5-1(A-G)) .
a ilpon execution of this agreemem, Tenant shall pay
Landlord security deposit equal to shown in the Tease Summary
unless such security deposit is equal to one and one-half (1-M)
mordh`s tent If the Landlord requires a sccurity 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 shalt be paid in no mote than six cquai
installments no later than six months after the effective'date of the
lease. interest on that portion of a security deposit exceeding one
months runt, if paid in 'installments, shall not be computed until all
installments are paid to the Landlord.
b. Upon termination of the Tenancy, property or money hold
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 suffiened by reason of the Tenant's noncompliant with
SECTION 5.3-4-1 of this ell Ater, all as itemized by the Landlord in.a
written notice delivered to the Tenant together with the amount due
twenty-one (21) days attar Tenant has vacated his unit Any security
Landlord initials
Tenant initials
or prepaid rent not so applied, and any interest on such security due to
the tenant shalt be paid to the tenant within twenty-otic (21) days after
tenant has. SECTION 5.3-74(A), regarding Landlord's wrongful
failure to supply essential services, the obligations imposed on the
Landlord's wrongful failure to supply essential services, the
obligations imposed on the Landlord pursuant to SECTION 5-3-5-
i(C), shalt be performed within Forty-cight (48) hours after the
expiration of the seven (7) day written notice to the UWtord to restore
service.
IL INTEM38T ON SECURITY DEPOSITS. (SECTION 5-3-5-1(B-
C) A landlord who receives security or prepaid rent from a tenant shall
pay interest to the tenant at the rate equal to the interest paid on such
security deposits in the City of Chicago. 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 de%uit under terns of the rental
agreemeni. Interest on that portion of the security deposit or prepaid
rent exceeding one montb.'s mat, if paid to installments, shall not be
computed until all iustatiments arc paid to the landlord.
IL 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, mortgages. Tenants
or workmen.
b. The Landlord may enter the dwelling unit without consent of
the Tenant in case of emergency.
c. The Landlord shall not abuse fire right of access or use it to
harass the Tenant, Except in cases of emergency, or unless it is
imptacticat to do so, (ho Landlord shall give the Tenant at toast 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'prem ises permits.
o. 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 end
appliances, including elovators, in the premise.
£ Not deliberately or negligcntiy destroy, deface damage,
impair, or remove any part of the promises or knowingly permit any
person to do so.
S. 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 tho premises.
It Not engage in or permit the unlawful selling, possession,
serving, storage, deliverance, manufacture, cultivation, giving somy, or
use of any controlled substance, prostitution, or gambling on the ?eased
premises.
14. ADDITIONAL LANDLORD OBLIGATIONS. (SECTION 53-
5-3}
15. TENANT'S REMEDIES FOR LANDLORD'S NON
COMPLIANCE. (SECTION 5-3-7-1)
16. TENANT'S REMEDTESr SELF HELP FOR DEFECTS AND
RENT WITHHOLDINGS. (SECTION 5-3-7.3)
17. TENANT'S REMEDIES FOR LANDLORD'S FAMURE 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 plumbing the Tenant
may.
(1) Deliver a written notice to the landlord spec*ing 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
mnia) value.
(4) Procure substitute housing during the period of the
landlard'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
to an amount equal to the monthly rent anti reasonable attorneys' &cs.
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.
o. The tenant may not exerofse his rights under this Section If
the condition was caused by the inability of a utility supplier to
provide seiviae or by the deliberate or negligent act or omission of the
tenant; a member of his family, or other person on the premises with
his consent.
13. TENANT'S REMEDIES FOR LANDLORD'$ F.AILTIRE TO
DELIVER POSSESSION OF PREMISES. (SECTION 5.3-7.2)
19. TENANT'S REMDIES FOR LANDLORD'S UNLAWFUL
TNTERRUPTION ON TENANCY. (SECTION 53-12--5)
a If a Landlord or any person acting at his direction violates
paragraph 32 of this Leaso, 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 in accord with
paragraphs 10 and 1 I of the Lease.
b. If a Tenant in a civil legal proceeding against the Landlord
establishes that a violation of paragraph 32 of this Lease has occurred
he shall be entitled to recover possession of his dwelling unit or
personal property and shall be antitled to an amount equal to not more
than two (2) months' rent or twice the actual damages sustained by
him, whichever is granter and reasonable attorneys fees. A Tenant
may pursue any civil remedy for violation of paragraphs 32 of this
Lease regardless of wh0hor a fine has been entered against the
Landlord pursuant to Section 5-3-12-1 ofthe ERLTO.
20. LANDLORD'S NONCOMPLIANC19 AS DEFENSE TO
ACTION FOR THE POSSESSION OR RENT. (SECTION 5 3-7-5)
21. LANDLORD AND.TENANT REMEDIES FOR ABUSE OF
ACCESS. (SECTION 5-3-8-2)
22. LANDLORD'S REMEDIES FOR TENANT'S
NONCONIPLTANCi3 (SECTION
a. (1) If there Is a material noncompliance by the tenant with the
rental agreement or with Sections 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 tenninato
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 I
(H), the landlord may deliver written notice to the tonantspeo*ing the
aels constituting the breach and that the rental agreemont will
terminate upon a date not ices than 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 chart forty-eight (49) hours
after receipt of notice,
b. If the rant is unpaid when due and the Tenant fails to pay
the unpaid rent within ten (10) days, or, in the case of ocvnar occupied
dwelling units containing two or fewer rooming units, within forty-
eight (48) hours after receipt of written notice by the Landlord of
histber intention to terminate the rental agreement.
e, Except as provided herein, the landlord may recover
damages and obtain injunctive relief for any noncompliance by the
tenant with rental agreement or with Section 5-3.4-1. if the tenant's
noncompliance is willful, the landlord may recover reasonable
attomcye fees.
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2 Landlord initials
T'eaatrt initials
0
23. SUBLEASES, LANDLORD'S 113MEDIES IF TENANT period.
ABANDONS PREMISM (SECTION 5-3-45-2) a. Not withstanding subsections (a) and (b) a Landlord may
24. LANDLORD'S REMEDIES FOR TENANTIS HOLD irring an action for possession ie
OVER. (SECTION 5 3 8-I) (1) The violation of code was caused primarily by lack of
25. LANDLORD'S REMEDIES REGARDING PROPERTY care by the Tenarrk a member of his family or other person on
ABANDONED BY TENANT. (SECTION 5-3-6-5) premiseswith hia consent, or
`• 26, LIMITATION OF LANDLORD'S LIABILITY. (SECTION (2) The Tenant is in default for payment ofrent, other then a
5.3-5.4) purported default under paragraphs 15, 16 and 17 of this Lease and
a Unless otherwise agreed, a Landlord who sells the premises Section 5 3.7-3 (A-C) and Section 5-3.7-4 (A-C) of the L•'f .TO,
Is relieved of liability under the Lease for events occurring subsoWcat 32. UNLAWFUL INTERRUPTION OF nNANCY BY
to written notice to the Tenant of the sale, However, he remains liable LANDLORD PROMBITED (SECTION 5-3-12-1 AND SECTION
to the Tenant for any property and money to which the Tenant is 5-3-122)
entitled under Subsection i and all prepaid rent, unless the Tenant a, 'rho Landlord or any person acting at his discretion shall not
receives written notice that such property, money and prepaid rent movingly oust or dispossess or attempt to dispossess any Tenant from
have been transferred to the buyer, and that the buyer has acoepted a dwelling unit without authority of law, by plugging, charging, aiding
liability for such property, money and prepaid rent or removing any lock or latching device, or by blocking any entrance
b, Unless otherwiso agreed, the manager of the prenises is Into said unit, or by removing any door or window from said unit; or
relieved of liability under this Lease for events occurring after written by interfering with the services to said unit, including, but not limited
notice to the Tenantof the termination of his management, to electricity, gas, hot water, plumbing, heat or telephone service, or by
27. LEAD D'ISCLOSIMM REQUIREMENTS, (SECTION 5-3-5-5) removing a Tenant's personal property from sold unit; or by the use of
Landlords subject to this Ordinance must follow all applicable state force or threat of violence, injury or fniee to a Tenant's person or
and federal regulations regardinglead poisoning and crust specifically. property, or by any other act rendering a dwelling unit or any part
a. Provide all prospective and current lessees wlth a copy of thereof or. any personal property located therein inaccessible or
the current approved U.S. ) rrvironmcntat Protection Agency federal uninhabbbto.
pamphlet on lead -based paint disclosure,. b. The provision of subparagraph (a) shalt not apply when:
b. Disclose. my known lead hazards. (1) The Landlord acts in compliance with laws of Illinois
28. 'WAIVER Olt LANDLORD'S RIGI9T TO TE"INATE pertaining to forcible entry and detainer and engages with Sher riff of
LUSE (SECTION 5-3-6-3) Cook County to forcibly evict a Tenant or his personal property, or
29. A FIRE OR CASUALTY DAMAGE (S)ECIYON 5-3-7-6) (2) The Landlord acts in compliance with the laws of Illinois
30. NOTICE OR REFUSAL TO RENEW RENTAL pertaining to distrem for rent, or,
AGREEMENT. (SECTIONS 3-8-3) (3) The Landlord acts pursuant to court order, or,
a If the rental agreement will not be renewed or if a month to- (4) The Landlord interferes temporarily with possession only
month tenancy will be terminated, the Landlord shall notify the Tenant as necessary to makenecdcd repairs or inspection and only as provided
in writing thirty (30) days prior to the termination date. by law, or,
b. If the Landlord fails to give the required written notice, the (5) The Tesenlhas a right to possession of the dwelling unit
Tenant may remain in his dwelling for two (2) months, commencing but has been absent therefrom for thirty (30) conwoutive days without
on the date that the written notices is received by the Tenant, During advising the Landlord of such absence of his/her intent to return,
such period, the terms and conditions of the tenancy shall be the same current rent is thirty, (30) or more days overdue, and after diligent
as die terms and conditions during the month of tenancy immediately inquiry, the Landlord has reason to betleve that Tenant has abandoned
preceding the notice. the premises and does not intend to return.
31. RETALIATORY CONDUCT PROHIBITED. (SECTION 53- 33. LANDLORD RULES AND REGM ATIONS. (SECnON 5-3-
9-1) 4-2 (A and B).
Q Only written landlord Rules end Regulations are enforceable.
b. The following rules and regulations if attached hereto, shall
be part of this agreement
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a, Except as provided in this paragraph a. Landlord they not
roWlate by increasing rent or decreasing services or by bringing or
threatening to bring action for possession or by refusing to renew a
rental agreement becausetbcTenant has:
(1) Complained In good faith of a code violation to the
govamment agettoy charged with the responsibility for the
enforoemmI.ofsuch codes;
(2) Complained to the Landlord of a vioiation under
paragraphs 14 and 27 of this Lease and Section 5-M-2(D) or Section
5.3.5-3 of tbo ERLTO.
(3) Organized or become a member of a Tenant union or
similar organization or,
(4) Exercised or attempted to exercise any right to enforce any
remedy granted to him under this Least,
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
entitled to the following remedies: he shalt rccovcr possession or
terminate the rental agreement and In either case, recover an amount
equal to and not more than two (2) months rant or twice the damages
sustained by hitn, whichever is greater and reasonable attomey's fees.
If the mattal agreement is terminated, the Landlord shall return all
security deposits and interest recoverable under paragraph 10 and 11 of
this Lease and all prepaid rent In an action by or against the 't errant, 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 teases around the some time
DELIVERY OF RESIDENTIAL LANDLORD AND TENANT
ORDINANCE.
As of the date of printing of this tease form, the tease, when fully
exoouted, shall satisfy Section 5.3-10 of tho City Cade which requires
the Landlord to attach a copy of the City of Evanston P=idedtial
Landlord and Tenant Ordinance to each written rental agreement and
that an acknowledgement of recei pt be noted on the lease.
WTCMESS the signatures of the parties hereto, as of the first date
appearing shove, t LANDLORD
TENANT
NOTE: Both Landlord and Tenant should initial each pogo of any
typed or handwritten attachments to Agreement and each party should
retain an fully executed copy of this Agreement,
Appr ved as to form:
wGrant Farrar
Corporation Counsel
Landlord initials
Tenant initials
C:
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