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R-16-12VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS RESOLUTION NO. R -16 -tat A RESOLUTION AUTHORIZINIG A RESIDENTIAL LEASE AGREEMENT BETWEEN THE VILLAGE OF DEERFIELD AND ANDREW LICHTERMAN FOR PREMISES AT 1219 CARLISLE PLACE WHEREAS, the Village of Deerfield is a home rule unit of local government pursuant to the provisions of Article VII, Section 6 of the Illinois Constitution: and WHEREAS, as a home rule unit of local government, the Village may exercise any power and perform any function pertaining to its government and affairs except as limited by Article VII, Section 6; and WHEREAS, the Village of Deerfield is the owner of the property commonly known as 1219 Carlisle Place, Deerfield, Illinois (the "Subject Property "); and WHEREAS, the Village of Deerfield desires to lease Subject Property for a period of 3 - 5 years; and WHEREAS, the Village of Deerfield the "Landlord ") and Andrew Lichterman (the "Tenant") have negotiated the terms ofa Residential Lease Agreement, a copy of which is attached hereto and made a part hereof as Exhibit A (the "Lease "); and WHEREAS, the Village of Deerfield desires to keep and maintain the Subject Property in good, clean and inhabitable condition during the term of the Lease; and WHEREAS, the Landlord and Tenant have negotiated the terms of a Resident Manager Agreement, conditioned upon and subject to the execution and continuing validity of that certain Residential Lease, a copy of which is attached hereto and made a part hereof as Exhibit B (the "Resident Manager Agreement "); and WHEREAS, the corporate authorities of the Village of Deerfield have reviewed the Lease and Resident Manager Agreement and find that it is in the best interests of the Village of Deerfield that the Lease and Resident Manager Agreement be authorized and approved as provided therein; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That the above and foregoing recitals are hereby incorporated and made a part of this Resolution as if fully set forth herein. SECTION 2: That the Residential Lease between the Village of Deerfield and Andrew Lichterman, a copy of which is attached hereto as Exhibit A (the "Lease "), be and the same is hereby approved and authorized. SECTION 3: That the Resident Manager Agreement between the Village of Deerfield and Andrew Lichterman, a copy of which is attached hereto as Exhibit B (the "Resident Manager Agreement'), be and the same is hereby approved and authorized. SECTION 4: That the President and Village Clerk of the Village of Deerfield are hereby authorized and directed to execute and attest said Lease and Resident Manager Agreement for and on behalf of the Village of Deerfield. SECTION 4: That this Resolution, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Resolution should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate -2- in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Resolution should be inconsistent with any non - preemptive state law, this Resolution shall supersede state law in that regard within its jurisdiction. SECTION 5: That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. PASSED this 20th day of June _'2016. AYES: Farkas, Jester, Nadler, Seiden, Shapiro, Struthers NAYS: None ABSENT: None ABSTAIN: None APPROVED this 20th day of June _'2016. ATTEST: V Ilage Clerk -3- Village Pr sident NORTH SHORE- BARRINGTON ASSOCIATION OF REALTORS® arntroa RESIDENTIAL LEASE 0110[IYHnY Not to be used for rental property in the City of Chicago. DATE OF LEASE June 20 , 202016 LEASE TERM MONTHLY RENT $ 2200 SECURITY DEPOSIT $1400 PET DEPOSIT $ 700 BEGINNING 08/01 2016 ENDING 07/31 2019 1 1. PARTIES: LANDLORD and TENANT are hereinafter referred to as the "Parties ". 2 LANDLORD (Please Print) VILLAGE OF DEERFIELD 3 TENANT (Please Print) ANDREW LICHTERMAN 4 NAMES OF OCCUPANTS (Please Print) 1)ANDREW LICHTERMAN 2) MEGAN LICHTERMAN 5 6 TENANT warrants that all information given by TENANT in the Application for Lease attached to and made a part of 7 this Lease is true, accurate and complete. 8 9 0 Dual Agency applies. Complete Paragraph 39. 10 1 1 Pursuant to Illinois law, notice is hereby given that•. 12 0 LANDLORD is an Illinois Real Estate Licensee. Dual Agency is not permitted 13 0 TENANT is an Illinois Real Estate Licensee. 14 15 SMOKING 0 is ■ is NOT permitted. 16 17 2. PREMISES: LANDLORD agrees to lease to TENANT and TENANT agrees to lease from LANDLORD the Property known as: 18 1219 CARLISLE PLACE 19 Address Unit# (if applicable) 20 DEERFIELD IL 60015 LAKE 22 city State Zip County 23 PARKING ■ is 0 is NOT included with the Lease. # of spaces 1 Space # XXXX # Door Openers 1 24 (check type) 0 Unassigned 0 Assigned 0 Attached Garage 0 Detached Garage 0 Carport 0 Covered Parking 25 MONTHLY PARKING FEE $ 00.00 shall be paid by 0 LANDLORD 0 TENANT. 26 STORAGE 0 is B is NOT included with the Lease. If included, Space # XXXX Location XXXXX 27 MONTHLY STORAGE FEE $ 00.000 shall be paid by 0 LANDLORD 0 TENANT. 28 29 3. LEASE TERM: This Lease shall begin at 12:00 AM on August 1 2016 and end at 11:59 PM on 30 July 31 2019 . Any renewal or extension of this Lease must be mutually agreed upon in 31 writing by LANDLORD and TENANT not less than 90 days prior to the termination date of this Lease. 32 33 4. RENT. TENANT shall pay to LANDLORD monthly without notice or demand as rent for the Premises, the sum of 34 $ 2,200 . All monthly rent payments are due on or before the 05 day of each calendar month of the Lease Term; 35 provided, however that the rent for the first month, or part thereof, in the amount of $ 2,200 shall be due on or before 36 August 1 2016 , All payments shall be made to LANDLORD at the address noted on Page 8 of this Lease, 37 or by direct deposit as agreed, or at such other address as LANDLORD may designate by written Notice to TENANT. 38 39 5. LATE CHARGES AND FEES: All rent shall be due as of the 05 day of each month and shall be considered to be 40 late if not received by LANDLORD within five days of the date due. Rental payments received by LANDLORD later 41 than the fifth day after the due date shall bear a Late Charge of $ 40.00 If payment is made by check that is TENANT Initial TENANT Initial LANDLORD Initial AT LANDLORD Initial Address NSBAR_ResidentialLease_040813 Page 1 of 9 42 dishonored by TENANT's bank, TENANT shall be assessed any bank fees incurred by LANDLORD as a result of such 43 dishonored check in addition to the rent and Late Charges due hereunder. 44 45 6. SECURITY DEPOSIT. Upon the execution of this Lease by TENANT and LANDLORD, TENANT shall deposit with 46 LANDLORD a Security Deposit for the Premises in the amount of $ 1.400 to be held by LANDLORD in 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 accordance with the laws of the State of Illinois to secure the faithful performance by TENANT of all provisions of this Lease. If TENANT performs all obligations as provided in this Lease and pays all sums due LANDLORD when due, then LANDLORD shall refund to TENANT within 30 days after possession and keys have been delivered to LANDLORD, the Security Deposit, including interest if required by law. If TENANT has failed to perform or comply with any of the provisions of this Lease, then LANDLORD may apply all or any part of the Security Deposit as payment of any sums due from TENANT to LANDLORD, or to pay for repair of any damages caused by TENANT or TENANT's co- occupants or guests. The Security Deposit may not be treated as advance payment of rent and TENANT shall not apply the Security Deposit as rent during the Term of this Lease unless TENANT obtains written permission from LANDLORD to do so. If the Premises shall be sold, the Security Deposit will be transferred to the new owner. Unless otherwise provided by State law or local ordinance, LANDLORD shall notify TENANT of the amount of any portion of the Security Deposit that LANDLORD will retain to cover damages by TENANT, including receipts for the repair of said damages within 30 days of the expiration of this Lease or the date that TENANT has vacated the Premises and redelivered possession to LANDLORD whichever is later. 7. PERSONAL PROPERTY. The following items of Personal Property belonging to LANDLORD are made a part of this Lease and shall remain in the Premises during the Lease Term: ■ Refrigerator O Oven/Range 0 Microwave O Dishwasher 8 Washer O Dryer O Window Treatments & Hardware ❑ Window/Wall A/C Units li CO Detectors 0 Smoke Detectors O Garage Door Transmitter(s) O Other (specify]: SUMP PUMP 1 aivruv i snan not remove or alter any of the items without written permission from LANDLORD and the items shall be in the same condition at the end of this Lease as they were when possession was delivered to TENANT as provided in the Rental Property Inventory and Condition Report referred to in Paragraph 10 of this Lease, normal wear and tear excepted. 8. PETS: [Check One] ❑ No animals or pets shall be allowed without prior written consent of LANDLORD unless otherwise provided by law. 0 The following pet(s) shall be allowed provided that the Pet Deposit, if required, has been paid. Pet Name: OREO /RUBY Breed: HOLLAND LOP RABBITS Age: 3/1 Gender: M/F Weight: 414lbs Pet Name: KERMIT /OZZY /GONZO Breed: WHITE'S TREE FROGS Age: ? Gender: F /M/M Weight: <1 Ibs No other pets shall be kept on the Premises without the further written consent of LANDLORD and no replacement or additional pets are allowed without prior written consent of LANDLORD. TENANT agrees to keep Pets from becoming a nuisance to neighbors and other tenants including, but not be limited to, removal of animal waste on or about the Premises and controlling noise. TENANT agrees to keep any and all areas where Pets are housed clean, safe and free of parasites, including fleas. TENANT agrees that the refundability of the Pet Deposit shall be based upon damage to the Premises by the Pets, and further understands that any and all costs for repairs resulting from damage to the Premises by Pets shall be the responsibility of TENANT. In the event it is discovered that the terms of this Paragraph 8 have been violated, then LANDLORD may revoke the permission granted to TENANT herein and may consider such violation to be a breach of the Lease that may result in the termination of the Lease according to Illinois law. 85 9. UTILITIES and SERVICES: TENANT shall be responsible for payment of the following utilities: 86 0 Gas 0 Electric 0 Water 0 Sewer 0 Scavenger O Heating Fuel Telephone ■ Other CABLE (if installed) 87 If TENANT fails to pay such utilities and services, LANDLORD may pay them on TENANT's behalf. In such event, 88 TENANT shall promptly reimburse LANDLORD for all such payments made, plus any penalties paid by LANDLORD, 89 upon demand by LANDLORD to TENANT. TENANT Initial —J W. TENANT Initial LANDLORD Initial Address LANDLORD Initial NSBAR_ResidentialLease_040813 Pape 2 Of 9 90 Lawn Care services shall be paid by [check One] M TENANT ❑ LANDLORD. 91 Snow Removal services shall be paid by [check one] 2 TENANT ❑ LANDLORD. 92 93 10. PRE - INSPECTION & POSSESSION: Prior to delivery of possession LANDLORD and TENANT, or their authorized 94 representative(s), shall jointly inspect the Premises and shall complete, sign and date a Rental Property Inventory & 95 Condition Report, a copy of which shall become a part of this Lease, or LANDLORD and TENANT shall prepare a 96 photographic record of the Premises with copies being retained by both TENANT and LANDLORD which shall become a 97 part of this Lease. LANDLORD shall deliver possession of Premises to TENANT on 08/01 2016 . 98 Possession shall be deemed to have been delivered to TENANT when LANDLORD delivers or makes available to 99 TENANT the keys to the Premises. If LANDLORD is unable to deliver Possession of the Premises on such date, payment 100 of rent shall be postponed until the Premises are available for occupancy by TENANT or, at TENANT's option, TENANT 101 may terminate this Lease upon written notice to LANDLORD and shall receive a refund of all monies paid to 102 LANDLORD for the lease of the Premises. LANDLORD shall not be liable to TENANT for any damages to TENANT 103 arising as a result of LANDLORD's failure to deliver Possession of the Premises to TENANT at the commencement of the 104 Lease Term and the Lease Term identified in Paragraph 3 shall not be extended due to the delay in delivery of possession. 105 106 11. RE- KEYING OF LOCKS. If the Premises is located in Cook County, LANDLORD shall, prior to delivery of 107 possession to TENANT, comply with the terms of the Illinois Landlord and Tenant Act by changing or rekeying the locks 108 of the dwelling unit or by allowing TENANT to change or rekey the locks of the dwelling unit at LANDLORD's expense. 109 This provision shall not apply to an apartment rental in an owner - occupied building with four units or less or to the 110 rental of a room in a private home that is owner - occupied. If TENANT will be responsible for rekeying the locks, a full I I I set of keys shall be immediately delivered to LANDLORD or LANDLORD's representative. 112 The locks shall be changed or rekeyed by IS LANDLORD ❑ TENANT. 113 114 12. RESIDENTIAL DISCLOSURES and NOTICES: If applicable prior to signing this Lease TENANT: 115 [check one]: ■ has ❑ has not received the EPA Pamphlet "Protect Your Family from Lead in Your Home' 116 ■ has ❑ has not received a completed Lead -Based Paint Disclosure 117 S has ❑ has not received the 1EMA Pamphlet "Radon Guide for Tenants" 118 d has ❑ has not received the Radon Disclosure for Lease /Rental 119 TENANT has received the following additional Disclosures or Notices required by Federal, State or Local Law or 120 Ordinance: (1) M01 n PAMPHLET (2) MCI D DISCI QSIIRF 121 122 13. USE OF PREMISES: The Premises shall be used by TENANT exclusively as a private single - family residence and 123 occupied solely by the persons disclosed in this Lease and on the Application for Lease submitted by TENANT unless 124 prior written consent is received from LANDLORD for additional occupants. TENANT shall not (a) engage in any illegal 125 or unlawful activity or any other activity that will increase the rate of insurance on the Premises; (b) allow trash to 126 accumulate in the common areas of the Premises or allow objects to be thrown from windows or balconies; (c) hang 127 objects out of windows or place objects on windowsills or ledges or balconies (if any) which may fall and injure persons 128 below; (d) use porches, decks, or balconies for sleeping or storage of furniture, bicycles or other items of personal 129 property; (e) allow porches, decks or balconies to be overloaded or occupied by more people than would be reasonably 130 safe based on the condition of such porch, deck or balcony; (f) install a waterbed or any other unusually heavy item of 131 furniture without prior written consent of LANDLORD; (f) place any signs or advertisements in the windows or building 132 where the Premises is located; (g) use the Premises for the purpose of carrying on any business, profession or trade of any 133 kind, or (h) keep or have on the Premises any article or item of a dangerous, inflammable or explosive character that 134 might unreasonably increase the danger of fire on the Premises or that might be considered hazardous or extra hazardous 135 by any responsible insurance company. Cooking 19 is ❑ is not allowed on the deck, porch or balcony. Please refer to the 136 Rules and Regulations of the association or LANDLORD regarding any further restrictions. 137 TENANT Initial fV!f� TENANT Initial LANDLORD Initial Address LANDLORD Initial NSBAR_ResidentialLease_040813 Page 3 of 9 138 Pursuant to the Illinois Code of Civil Procedure (7351LCS 519 -120) if any TENANT or occupant on one or more occasions 139 uses or permits the use of the Premises for the commission of a felony or Class A misdemeanor under the laws of the 140 State of Illinois, this Residential Lease shall, at the option of LANDLORD or LANDLORD's assignee, become void and 141 LANDLORD shall have the right to recover the Premises. 142 143 14. DISTURBANCE: TENANT agrees not to play televisions, radios, musical instruments or musical playback 144 equipment in a manner that disturbs other tenants or neighbors and shall maintain the volume of such equipment at 145 reasonable levels. In addition, TENANT agrees to limit playing of such equipment between the hours of 10:00 PM and 146 7:00 AM to a volume that cannot be heard by persons outside of the Premises. 147 148 15. CONTINUOUS OCCUPANCY: TENANT shall maintain continuous occupancy of the Premises and not allow the 149 Premises to remain vacant for any period in excess of 15 days without notifying LANDLORD of such vacancy. 150 TENANT shall not allow persons other than those named in Paragraph 1 of this Lease to occupy the Premises as guests 151 for periods exceeding 15 consecutive days during the Lease Term without prior written notification to and consent 152 of LANDLORD. 153 154 16. RENTER INSURANCE: LANDLORD shall not be liable to TENANT for any damage to TENANT's person or 155 property or agents, employees, guests or other invitees other than for LANDLORD's negligence. TENANT shall hold 156 LANDLORD harmless from all claims of any such nature. TENANT shall obtain and maintain throughout the Lease 157 Term renters insurance, which coverage shall be primary to any coverage of LANDLORD, and shall name Landlord as an 158 additional insured. TENANT shall provide LANDLORD with a certificate of such insurance in a form reasonably 159 acceptable to LANDLORD, which certificate shall obligate the issuer to notify LANDLORD of cancellation of or material 160 changes to such insurance upon no less than 30 days' prior written notice. 161 162 17. RULES AND REGULATIONS: In addition to the terms of this Lease, TENANT acknowledges receipt of and agrees 163 to abide by any declaration & amendments, by -laws, rules & regulations of any association of which the premises is a 164 part, and any additional reasonable rules established by the LANDLORD and communicated in writing to the TENANT. 165 TENANT shall be obligated to notify TENANT's guests and other occupants of the Premises of the need for compliance 166 with such rules. Failure to comply with the rules shall be deemed to be a material breach of this Lease and in the event of 167 such breach LANDLORD shall be entitled to terminate TENANT's right to possession under the Lease upon ten (10) 168 days' notice to TENANT, and shall further be entitled to such rights and remedies as provided by applicable state or local 169 law or ordinance. 170 171 18. MUNICIPAL ORDINANCES: If the Premises is located in a municipality that is subject to certain Landlord -Tenant 172 ordinances that require certain addenda or riders be attached to this Lease, then this Lease shall not be effective unless 173 such documentation is attached to and made a part hereof. 174 175 19. ACCESS AND RIGHT OF ENTRY: TENANT agrees that LANDLORD, its agents, employees or any person 176 authorized by LANDLORD enter the Premises for the purpose of inspecting the condition of the Premises and all 177 buildings and improvements thereon and to perform preventive maintenance as needed, or to make such repairs, 178 additions, improvements, changes or alterations to the Premises as LANDLORD may elect to make. LANDLORD shall 179 give reasonable notice to TENANT prior to LANDLORD or LANDLORD's agent(s) entering the Premises, except in cases 180 of emergency in which case immediate entry is permitted. 181 182 20. REPAIRS AND MAINTENANCE: TENANT shall keep the Premises and the Personal Property therein in a clean 183 and healthy condition, in good working order and in accordance with any and all ordinances applicable to the tenancy at 184 TENANT's own expense. TENANT shall make all necessary repairs to the Premises, at TENANT'S expense, whenever 185 damage has occurred or repairs are required due to TENANT's conduct or neglect. TENANT agrees that no work shall 186 be done on or about the Premises without prior written consent of LANDLORD. TENANT shall replace all broken 187 glass and fixtures and shall maintain all smoke and carbon monoxide detectors in good condition at all times, including TENANT Initial JAk__ TENANT Initial LANDLORD Initial Address LANDLORD Initial NSBAR_ResidentialLease_040813 Paae 4 of 9 188 replacing spent batteries as necessary, and shall replace furnace filters, if applicable, on a regular basis. TENANT shall be 189 responsible for ensuring that all repairs are performed according to local codes. Tradesmen making the repairs must be 190 properly licensed and insured. TENANT agrees that no signs shall be placed on the Premises by anyone contracted to do 191 work. Major maintenance and repair of the Premises, not due to TENANT's misuse, waste or neglect, shall be the 192 responsibility of LANDLORD. TENANT shall not cause or permit any waste, misuse or neglect to occur to any portion 193 of the Premises, inside or out, including but not limited to utility lines and equipment, building systems or structural 194 elements, or the lawn and landscaping. 195 196 21. ALTERATIONS TO PREMISES: TENANT shall not make alterations to the Premises, including decorating, without 197 the prior written consent of LANDLORD. The installation by TENANT of any metal gate or bars on doors or windows is 198 strictly prohibited. TENANT shall not install additional locks or other similar devices nor may locks be changed or re- 199 keyed without prior written consent of LANDLORD, except as provided in Paragraph 11 of this Lease. All alterations, 200 changes and improvements built, constructed or placed on the Premises by TENANT, with the exception of fixtures 201 removable without damage to the Premises and movable personal property belonging to TENANT, shall unless 202 otherwise provided by written agreement between LANDLORD and TENANT, be the property of LANDLORD and 203 remain on the Premises at the expiration or sooner termination of this Lease. 204 205 TENANT shall not install any air conditioning, heating or cooling equipment, dishwashers, clothes washers or dryers or 206 other appliances in any portion of the building or Premises occupied by TENANT without first obtaining LANDLORD's 207 written consent. All such appliances installed by TENANT shall be maintained in working order by TENANT and 208 removed by TENANT prior to the expiration of the Lease Term. Any damage caused by appliances installed by TENANT 209 shall be the responsibility of TENANT and TENANT shall reimburse LANDLORD for the cost of repair of any damage 210 caused by such appliances, their installation or their removal. 211 212 22. LIENS and CLAIMS. TENANT shall not place or cause to be placed on any part of the Premises any mechanics lien 213 or any other claim or lien for any repairs, maintenance, alterations or modifications performed by or ordered or 214 contracted by TENANT whether or not same were rightfully performed, ordered or contracted by TENANT. 215 216 23. ADVERTISEMENT FOR SALE OR FOR RENT: At any time 60 days prior to the termination of this Lease or any 217 extension thereof, LANDLORD or his agent shall have the right to market the Premises "For Sale' or "For Rent" and to 218 show the Property to prospective purchasers or tenants between the hours of 10:00 AM and 7:00 PM with at 219 least 02 hours notice to TENANT, or as mutually agreed. LANDLORD shall be allowed to place a "For Sale" or "For 220 Rent" sign on the Premises, if allowed by applicable rules, laws or ordinances, during this period and LANDLORD or 221 LANDLORD's agent shall have the right to take photos of the Premises for the purpose of marketing the Premises to 222 prospective tenants or buyers. TENANT hereby agrees to cooperate with LANDLORD and LANDLORD's agent in the 223 marketing of the Premises to potential tenants or buyers. 224 225 24. SURRENDER OF PREMISES. At the expiration of the Lease Term, TENANT shall vacate and surrender the Premises 226 in the same condition as reflected in the Rental Property and Condition Report, reasonable use and wear excepted. 227 TENANT shall return all keys, garage door openers, mailbox keys, and other items that are pertinent to the Premises to 228 LANDLORD or LANDLORD's representative at the time the Premises is surrendered. Any personal property left in the 229 Premises without written permission from LANDLORD may be deemed to be abandoned, in which case LANDLORD 230 may dispose of all such personal property and shall be relieved of all liability for such disposition. 231 232 When TENANT vacates, if the Premises are not in the same condition as when Possession was delivered, reasonable use 233 and wear excepted, LANDLORD may cause the Premises to be brought to the same condition as existed at the beginning 234 of the Lease Term and TENANT agrees to pay LANDLORD for all expenses incurred in returning the Premises to the 235 same condition within seven (7) business days after LANDLORD has advised TENANT of the costs of same in 236 accordance with Paragraph 6 of this Lease. 237 TENANT Initial lil/ TENANT Initial LANDLORD Initial IL!�s LANDLORD Initial Address NSBAR_ResidentialLease_040813 Paqe 5 of 9 238 TENANT is responsible for keys and other means of access to the Premises including but not limited to keys to the 239 building, keys to the unit, mailbox keys, amenity access keys /cards and garage door transmitters. TENANT shall 240 reimburse LANDLORD for the cost of replacing any such keys or other means of access. 241 242 25. DAMAGE BY FIRE OR CASUALTY: If the Premises, building or any part thereof shall become uninhabitable as a 243 result of fire, explosion or other casualty which is not due to TENANT's negligence or misuse, LANDLORD and 244 TENANT shall have all of the rights provided by State or local law or ordinance. For purposes of this Paragraph, 245 LANDLORD's good faith effort to obtain insurance adjustments, settlements or awards to obtain sufficient funds to 246 perform repairs made necessary due to fire, explosion or other casualty shall be deemed diligent efforts to repair the 247 Premises within a reasonable time. 248 249 26. CONDEMNATION OR EMINENT DOMAIN. In the event that the Premises or any part thereof (other than 250 common elements, the taking of which does not prevent continued occupancy of the Premises) is taken by any authority 251 exercising the power of eminent domain, this Lease shall terminate as of the date possession shall be taken by the 252 condemnor. TENANT waives all claims against LANDLORD or any condemning authority by reason of the complete or 253 partial taking of the Premises, and shall not be entitled to receive any part of any award which LANDLORD may receive, 254 hereby quit claiming all interest therein to LANDLORD. 255 256 27. ASSIGNMENT AND SUBLETTING: TENANT shall not assign this Lease or sublet or grant any concession or 257 license to use the Premises or any part thereof without prior written consent of LANDLORD. Consent by LANDLORD to 258 one assignment, sublet, concession or license shall not be deemed to be consent to any subsequent assignment, sublet, 259 concession or license. Any assignment, sublet, concession or license made without the prior written consent of 260 LANDLORD shall be void and in such event LANDLORD may, at LANDLORD's option and upon appropriate notice to 261 TENANT, terminate this Lease with forfeiture of any deposits made by TENANT. If TENANT assigns this Lease, 262 whether with or without LANDLORD's permission as required herein, the covenants and conditions contained in the 263 Lease shall nonetheless be binding on the assignee as if assignee had signed the Lease. Nothing contained in this 264 Paragraph shall preclude LANDLORD from commencing legal proceedings against any assignee of this Lease who 265 obtained possession from the party named as TENANT in this Lease without LANDLORD's written permission as 266 required in this Paragraph. 267 268 28. ABANDONMENT OF THE PREMISES. If at any time during the Lease Term TENANT abandons the Premises, 269 LANDLORD may, at its option, enter the Premises pursuant to process of law, and without becoming liable to TENANT 270 for damages or for any payment of any kind whatever and may, at LANDLORD's discretion, as agent for TENANT, re -let 271 the Premises for the whole or any part of the then unexpired Lease Term. LANDLORD may receive and collect all rent 272 payable by virtue of such re- letting. At LANDLORD's option, LANDLORD may hold TENANT liable for any difference 273 between the Rent that would have been payable under this Lease during the balance of the unexpired Lease Term if this 274 Lease had continued in force, and the net rent for such period realized by LANDLORD by means of such re- letting. If 275 LANDLORD's right of re -entry is exercised following abandonment of the Premises by TENANT, then LANDLORD may 276 consider any personal property belonging to TENANT and left on the Premises to also have been abandoned, in which 277 case LANDLORD may dispose of all such personal property in any manner LANDLORD shall deem proper and is hereby 278 relieved of all liability for doing so. 279 280 29. HOLDING OVER: If TENANT remains in possession of the Premises or any part thereof after the termination of the 281 Lease by lapse of time or otherwise, then LANDLORD may, at LANDLORD's option, consider such holding over as 282 constituting a month -to -month tenancy upon the terms of this Lease except at double the monthly rental specified above. 283 TENANT shall also pay to LANDLORD all damages sustained by LANDLORD resulting from TENANT's retaining 284 possession of the Premises. In the event LANDLORD accepts a payment of rent for a period after the expiration of this 285 Lease in the absence of any specific written agreement, continued occupancy shall be deemed a month -to -month tenancy, TENANT Initial -AV— TENANT Initial LANDLORD Initial Address LANDLORD Initial NSBAR_ResidentialLease_040813 Page 6 286 on the same terms and conditions as herein provided, except for the double rent provision, to the extent permitted by 287 state or local law or ordinance. 288 289 30. DEFAULT: If TENANT defaults in the payment of rent or any part thereof or if TENANT defaults in the 290 performance of any of the covenants or agreements herein contained, LANDLORD or his agents, at LANDLORD's option 291 in addition to any and all other remedies available to LANDLORD at law or in equity, may terminate this Lease and, if 292 abandoned or vacated, may re -enter the Premises. Non - performance of any of TENANT's obligations shall constitute a 293 default and forfeiture of this Lease, and LANDLORD's failure to take action on account of TENANT's default shall not 294 constitute a waiver of said default. 295 296 31. LIABILITY FOR RENT: TENANT shall continue paying rent and all other charges for the Premises to the end of the 297 Lease Term whether or not the Premises becomes vacant by reason of abandonment, breach of the Lease by TENANT or 298 wrongful termination by TENANT, or if TENANT has been evicted for breach of this Lease, then to the extent said 299 obligation for rent has not been mitigated, abated or discharged by any law, ordinance or otherwise. Notwithstanding 300 any of the provisions contained in this Paragraph, LANDLORD shall make a good faith effort to re -let the Premises (but 301 LANDLORD need not give priority to the Premises over other vacancies) and if the Premises are re -let, TENANT shall be 302 responsible for the balance of the rent, costs, advertising costs and attorney fees in connection with such re -let. 303 304 32. BINDING EFFECT: The covenants and conditions contained in this Lease shall apply to and bind the heirs, legal 305 representatives and assigns of the Parties hereto, and all covenants are to be construed as conditions of this Lease. 306 307 33. ATTORNEY FEES: If LANDLORD commences legal proceedings to enforce the covenants of this Lease due to 308 TENANT's breach of the terms of this Lease, TENANT shall pay LANDLORD's reasonable attorney fees incurred to 309 enforce TENANT's compliance with the terms of this Lease 310 311 34. REMEDIES CUMULATIVE: LANDLORD's remedies contained in this Lease are cumulative and are in addition to 312 and not in lieu of any other remedies granted to LANDLORD pursuant to this Lease or applicable Federal, State or Local 313 Law or Ordinance. 314 315 35. SUBORDINATION OF LEASE: This Lease and TENANT's interest hereunder are and shall be subject, subordinate 316 and inferior to any liens or encumbrances now or hereafter placed on the Premises by LANDLORD. LANDLORD 317 represents to TENANT that payments for all such liens and encumbrances are current and shall remain so throughout 318 the term of this Lease. 319 320 36. SEVERABILITY: If any clause, phrase, provision or portion of this Lease, or the application thereof to any person or 321 circumstance, shall be determined to be invalid or unenforceable under applicable law or ordinance, such event shall not 322 affect, impair or render invalid or unenforceable the remainder of this Lease or any other clause, phrase, provision or 323 portion hereof, nor shall it affect the applicability of any clause, provision or portion hereof to other persons or 324 circumstances, and the Lease shall be interpreted in accordance with said law or ordinance. 325 326 37. NOTICES: All Notices shall be in writing and shall be served by one Party to the other Party. Notice to any one of a 327 multiple person Party shall be sufficient Notice to all and shall be given in the following manner: 328 (a) By personal delivery of such Notice; or 329 (b) By mailing of such Notice to the addresses recited herein by regular mail and by certified mail, return receipt 330 requested. Except as otherwise provided herein, Notice served by certified mail shall be effective on the date of 331 mailing; or 332 (c) By sending e-mail transmission, provided that an email address has been included in this Lease. Notice shall be 333 effective as of date and time of e-mail transmission; or 334 (d) By sending facsimile transmission, provided that a fax number is included in this Lease. Notice shall be effective as of 335 date and time of facsimile transmission; or TENANT Initial AZ TENANT Initial Address LANDLORD Initial A•7 • LANDLORD Initial NSBAR_ResidentialLease_040813 Page 7 of 9 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 (e) By commercial overnight delivery (e.g., FeclEx). Such Notice shall be effective on the next Business Day following deposit with the overnight delivery company. 38. ADDENDA: The following Addenda are attached to and made a part of this Lease: ❑ Municipal Crime Free Addendum ❑ Municipal Landlord- Tenant Ordinance 3 Landlord Special Addendum ❑ Receipt of Association Documents O Other: Ispecify] RESIDENT MANAGER AGREEMENT ❑ Application for Lease ❑ Other: [specifi ❑ Other:Ispecify] 39. CONFIRMATION OF DUAL AGENCY: The Parties to this Lease confirm that they have previously consented to XXXXXXXX acting as a Dual Agent in providing brokerage services on their behalf, and specifically consent to Licensee acting as a Dual Agent with regard to the transaction referred to in this Lease. This document is provided as a courtesy by the North Shore - Barrington Association of Realtors® and no guarantee of the sufficiency of this document is made. Once signed, this document will become a legally binding document. If you have questions or concerns, please consult an attorney. Date Ae— ZO 20_6 Date 20 (lD TENANT � LANDL RD Signatur TENANT Signature ANDREW LICHTERMAN Print TENANT(s) Name(s) [Required] 4405 BOBOLINK TERRACE Yroperty Address SKOKIE IL 60076 City State Zip 847.650 0075 ANDREW@DEERFIELD IL US Phone E -mail TENANT Initial Address TENANT Initial LANDLORD Signature VILLAGE OF DEERFIELD Print LANDLORD(s) Names) [Required] 850 WAUKEGAN ROAD Address DEERFIELD IL 60015 City State Zip 847.719.7401 KSTREETna DEERFIELD IL US Phone E -mail LANDLORD Initial LANDLORD Initial NSBAR_Residentia[Lease_040813 Page ADDENDUM TO RESIDENTIAL LEASE BETWEEN THE VILLAGE OF DEERFIELD AND ANDREW LICHTERMAN FOR PREMISES AT 1219 CARLISLE PLACE Notwithstanding any other provisions of the Residential Lease between the Village of Deerfield (Landlord) and Andrew Lichterman (Tenant) dated SpAe_ 20 , 2016 (the "Lease ") for a lease term beginning August 1, 2016 and ending July 31, 2019 for premises at 1219 Carlisle Place, Deerfield, Illinois, or any of its terms and conditions to the contrary, Landlord and Tenant hereby agree that the Lease terms shall be modified as provided in this Addendum as follows: Paragraph 3 of the Lease is amended in its entirety to read as follows: 3. Lease Term: This Lease shall begin at 12:00 o -clock a.m. on August 1, 2016 and end at 11:59 p.m. on July 31, 2019. This Lease is subject to the following two (2) automatic one -year Lease extension terms (each, an "Extension Term "): (i) This Lease shall automatically renew for a one -year Extension Tenn commencing August 1, 2019 and ending at 11:59 p.m. on July 31, 2020 unless either Party has, not later than May 1, 2019, given written notice terminating this lease to the other Party. (ii) Provided that this Lease has been extended for an additional Extension Term as provided in 3(i), this Lease shall automatically renew for a one -year Extension Term commencing August 1, 2020 and ending at 11:59 p.m. on July 31, 2021 unless either Party has, not later than May 1, 2020, given prior written notice terminating this Lease to the other Party. 2. Paragraph 4 of the Lease is amended to add the following: Annually on each anniversary date of the lease, rent prices charged by Landlord to Tenant shall be increased based on the increase in the Consumer Price Index (CPI -U) for Chicago- Kenosha -Gary — All Items, for the previous twelve (12) month period, however the adjustment made pursuant to this section shall not be greater than 3.5 %. The June CPI will be used annually for this determination. For notification and verification purposes, the Landlord shall notify the Tenant in writing by July 15 of the annual increase and revised rates, as calculated pursuant to this section. 3. Paragraph 25 of the Lease is amended to add the following: In the event the Premises, building or any part thereof shall become uninhabitable as a result of fire, explosion or other casualty which is Page 1 of 2 not due to Tenant's negligence or misuse, Landlord and Tenant shall each have the right to terminate this Lease on ten (10) days written notice to the other Party. 4. Paragraph 33 of the Lease is amended its entirety to read as follows: 33. ATTORNEY FEES: In the event LANDLORD is the prevailing party in a legal proceeding to enforce the covenants of this Lease, TENANT shall pay LANDLORD's reasonable attorney's fees and costs incurred in such an action. This Addendum is part of the Lease dated :juY%r- ?.O , 2016 between the Village of Deerfield and Andrew Lichterman. Andrew Lichterman Village of Deerfield By: A O^j _t By: Andrew Lichterman Kent S. Street, Vill ge Manag Page 2 of 2 RESIDENTIAL RENTAL PROPERTY MANAGER AGREEMENT THIS RESIDENTIAL RENTAL PROPERTY MANAGER AGREEMENT ( "Agreement') is made as of the 29it ay of 7TuY%e, , 2016, by and between the VILLAGE OF DEERFIELD, an Illinois home rule municipal corporation ( "Landlord "), and Andrew S. Lichterman, an individual ( "Manager "). Parties This Agreement is between the Village of Deerfield, Landlord of residential real property at 1219 Carlisle Place, Deerfield, IL 60015 (the "Property"), and Andrew S. Lichterman, Tenant of the Property and residential Manager of the property. 2. Condition Precedent to Agreement. This Agreement is conditioned upon and subject to the execution of and continuing validity of that certain Residential Lease by and between Landlord and Manager for the Property for a term commencing August 1, 2016 and ending July 31, 2019 (the "Lease "), including any extension of the Lease. 3. Beginning Date Manager will assume his responsibilities under this Agreement and begin work on August 1, 2016, provided that the Lease is in effect on that date. 4. Responsibilities. Independent Contractor. A. Manager shall manage, keep and maintain the Property in good, clean and inhabitable condition during the term of this Agreement, including but not limited to the following inspection, maintenance, and repair duties: Routine Maintenance and Repair • Clean gutters • Rake leaves • Lawn care • Snow removal • Trim bushes • Replace lightbulbs • Replace air filter in HVAC system at least every 3 months • Clean humidifier filter at least every 3 months • Maintain exterior appearance including cleaning entryways, and clearing any garbage or debris on grounds • Plumbing stoppages • Garbage disposal stoppages • Faucet leaks and washer replacement • Toilet tank repairs • Toilet seat replacement • Painting touch -up and repair (interior /exterior) • Inform Landlord of maintenance and repair needs Seasonal Maintenance Checklist (spring & fall) Interior • Check ceiling and surfaces around windows for evidence of moisture • Check caulking around showers, bathtubs, sinks and toilet base • Check ceiling areas beneath bathrooms for leakage • Check all stairs and railings for any loose members • Check fire and safety systems regularly • Test all smoke and carbon monoxide detectors regularly • Know location of all gas and water shut -off valves Heating & Cooling ■ Clean or change furnace filters every three months of operation Doors & Windows • Check for loose or missing glazing putty • Check caulking for deterioration at the openings and joints • Check weather stripping • Check for broken glass and damaged or missing screens • Check all window and door hardware Plumbing • Check all faucets, hose bibbs, and supply valves for leakage • Check for adequate grout and evidence of leaks around sinks, showers, toilets and tubs • Check the main water shut -off valve for operation and leakage • Winterize /De- Winterize exterior spigots Foundation & Exterior • Check foundation walls and floors for cracking, heaving, spalling deterioration or efflorescence • Check chimney for loose, deteriorated, or missing mortar or bricks • Check grading for proper slope away from the foundation • Check basement for moisture or leaks -2- • Check all wood surfaces for weathering and paint failure • Check all patios, porches, and stairs for deterioration • Cut back and trim all vegetation from structures Roof • Check for any missing, loose or damaged shingles • Check for open seams, blisters, or bald areas on flat roof • Clean gutters, strainers and downspouts. Make sure downspouts divert water away from foundation • Check the attic for any evidence of leaks • Check flashing around all surface projections, sidewalls, and protrusions • Check fascia and soffits for deterioration and damage B. Manager shall have no responsibility for extraordinary repair or replacement work, other than to inform Landlord when the need for such work has been ascertained. C. It is understood and agreed that Manager is an independent contractor under this Agreement, that Landlord has no right to direct or control the manner in which Manager performs these ordinary inspection, maintenance and repair duties under this Agreement, and that Manager shall be solely responsible for his services under this Agreement, including his debts, obligations, liabilities, provision of insurance coverage, payments under the Workers Compensation Act, and all other obligations which an employer may have to an employee under local, state and federal laws. It is the intent of the parties that the Village of Deerfield shall have no liability or responsibility with respect to the Manager's services under this Agreement, and the Manager agrees to defend, indemnify and hold harmless the Village of Deerfield and its agents, officers, and employees from and against all claims, judgments, damages, losses, and reasonable attorney's fees, costs, and expenses which result directly or indirectly from the negligence, reckless, or intentional conduct of the Manager and his agents, employees, and servants, including all accidental injuries sustained by the -3- Manager and his agents, employees, and servants while engaged in the performance of the Manager's services under this Agreement. 5. Hours and Schedule Manager will conduct maintenance Monday — Friday (holidays excluded), outside the hours of 8:00 a.m. - 4:30 p.m., and between the hours of 8:00 a.m. — 8:00 p.m. on weekends. Manager acknowledges his duty to comply with Section 6 -9 of the Village of Deerfield Municipal Code governing permitted hours of construction work when applicable. If the Manager reasonably expects that the time required to carry out the Manager's duties will exceed 80 hours in a month, Manager will notify Landlord and obtain Landlord's consent before working such extra hours, except in the event of an emergency. Extra hours worked due to an emergency must be reported to Landlord within 24 hours. 6. Manager's Compensation. The Manager will be compensated for his services under this Agreement by a $500 per month reduction in the Manager's rent under the Lease. Annually on each anniversary date of the Agreement, the Manager's compensation for services under this Agreement shall be increased based on the increase in the Consumer Price Index (CPI -U) for Chicago-Kenosha- Gary — All Items, for the previous twelve (12) month period, however the adjustment made pursuant to this section shall not be greater than 3.5 %. The June CPI will be used annually for this determination. For notification and verification purposes, Resident Manager shall notify the Village in writing by July 15 of the annual increase and revised rates, as calculated pursuant to this section, which increase and rates shall not take effect until the Village approves of the proposed adjustment. This rent abatement shall terminate if either party terminates this Agreement, or if the Lease is terminated. ME 7. Ending the Manager's Duties under this Agreement. Landlord may terminate this Agreement and Manager's services hereunder at any time, for any reason, with or without notice. Manager may terminate this Agreement and his services hereunder at any time, for any reason, with or without notice. 8. Amendments All agreements between Landlord and Manager relating to the work specified in this Agreement are incorporated in this Agreement. No modifications to the Agreement shall be valid unless made in writing and signed by both parties. IN WITNESS WHEREOF, this Residential Rental Property Manager Agreement is executed and delivered as of the date first above written. VILLAGE OF DEERFIELD RESIDENT MANAGER ma Nam Title -5- By: A A&A Name: Andrew S. Lichterman Title: Resident Manager