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HomeMy WebLinkAbout96-172 Resolution No. 96-172 RESOLUTION AUTHORIZING EXECUTION OF AN APARTMENT LEASE ( 1211 Amanda Circle) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, be and is hereby authorized and directed to execute an apartment lease with Midland Property Management, Inc. for the premises commonly known as 1211 Amanda Circle, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: June 12, 1996 Adopted: June 12, 1996 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk A ,I APARTMENT LEASE Not Furnished 1. PARTIES AND DWELLING UNIT: Show$Amount Tenant Pays to Landlord in Addition to Re The parties to this Agreement are Midland Property Management, Inc. as•agent for the owner, referred to as the Landlord, and C 1 N OF E.Li'YI , Parking $ referred to as the Tenant,' he Landlord leases.to the Tenant unit number Other(Specify) $ located at (la I I 1'r++�P)bA Cl - -LE $ in the project known as E ION tio fl n F'114 W I I i.. $ PJ 1 /� 2.LENGTH OF TIME(TERM): Theinitial term of this Agreement shall 8.SECURITY DEPOSITS:The Tenant has deposited$ ►"/ l with the in be on oC�b I c-• i I"1y R S and end Landlord.The Landlord will hold this security deposit for the pdriod the Tenant occupies the g unit.After the Tenant has moved from the unit,the Landlord will determine whether the Ten- on D l:l D 6i C 1Z, n I, l,1 0 ant is eligible fora refund of any or all of the security deposit. The amount of the refund will be determined in accordance with the following conditions and procedures. After the intial term ends,the Agreement will continue for successive terms of A. The Tenant will be eligible for a refund of the security deposit only if the Tenant was unable to give the notice for reasons beyond his/her control. erne m0. each unless automatically terminated as permitted by paragraph 23 B. After the Tenant has moved from the unit,the Landlord will inspect the unit and com- plete another Unit Inspection Report.The Landlord will permit the Tenant to participate I in the inspection, if the Tenant so requests. 3.RENT:The Tenant agrees to pay$ 10/A- for the partial C •: -:.-:.:•: '. -=•-•• • '. .-: :.••,_• • • .- :.:.. ,: .. . .. .. month ending on__( . After that,Tenant agrees to pay a rent of ..4e--pay-the-east-of N(4 per month. This amount is due on the 1st -day of (1) unpaid rent; (2) damages that are not due to normal wear and tear and are not listed on the Unit Inspection the mon -• Report; (3) charges for the late payment of rent and returned checks,as described in paragraph 5;and ' -• -'- --:-.-. '- -- __• - + - : = ) g . D. Landlord ldescribed C within daysthe Tenant has permanently out of the unit,retumed possession of the unit to the Landlord,and given his/her new address to the Landlord.The Landlord will - - - - -- • •••• - •• - - - also give the Tenant a written list of charges that were subtracted from the deposit. If disagrees Landlord to meet with the Tenant and informally discuss the Tenantwith the Landlord cu amounts deducted and asks to meet _ _ .. . - •• with the Landlord, the agrees rmall :. "•: :. :. , ' . : ,:. .: the disputed charges. E.' If the unit is rented by more than one person,the Tenants agree that they will work out •: :• :: : . the details o f dividing any refund among themselves.The Landlord may pay the refund to any Tenant identified in Paragraph 1 of this Agreement. _ - - - - • -- F. The Tenant understands that the Landlord will not count the Security Deposit towards the last month's rent or towards repair charges owed by the Tenant in accordance with . .. paragraph 11. • 4.CHANGES IN THE TENANT'S SHARE OF THE RENT:The Tenant agrees that 9. KEY AND LOCKS:The Tenant agrees not to install additional or different locks or the e• of rent the Tenant pays and/or the amount of assistance that HUD pays on , half gates on any doors or windows of the unit without the written permission of the Landlord. of the may be changed during the term o this Agreement if: If the Landlord approves the Tenant's request to install such locks,the Tenant agrees to pro- A. HUD • the Contract Administrator(such as Public Housing Agency) ermines, in vide the Landlord with a key for each lock. When this Agreement ends, the Tenant agrees aceo•. ith HUD procedures, i rents is need=., to re nil keys to the dwelling to the Landlord. The Landlord may charge the Tenant B. HUD or the r•.• n Administrator g y •wae for u' 'es or services con- $ ff for each key not returned. sidered in compute :. the Tenant's a 10. ANCE: C. the income,then • • persons in e t ho : + or other factors considered A. The landlord agrees to: in calculating the Tenant's t change and D p ••-•ures provide that the Tenant's (1) regularly clean all common areas of the project; rent or assistance payment be :.•'usted to re ec .e change; (2)(3) arrange and removal common areas and ofand ges in a er condition; D. changes in the Tenant's rent or ass' •- cep nt arerequired byHUD's recertification g and on pa (4) maintain all equipment and appliances in safe working order; or subsidy termination procedures; (5) make necessary repairs with reasonable promptness; E. HUD's procedures for computing • e 's assistance payment or rent change; or (6) maintain exterior lighting in good working order, F. the Tenant fails to provide info ••:tion on hi • income, family composition or other (7) provide extermination services, as necessary; and factors as required by the , ord. (8) maintain grounds and shrubs. The Landlord agrees to impl changes in the Tenant's • or tenant assistance payment B. The Tenant agrees to: only in accordance with time frames and administrative p • -aures set forth in HUD's (I) keep the unit clean; handbooks,' .. .,-and regulations related to administration of tifamily subsidy pro- (2) use all appliances, fixtures and equipment in a safe manner and only for the purposes granas..The :•• .rd agrees to give the Tenant at least 30 days advance •:den notice of any for which they are intended; increase in Tenant's rent except as noted in paragraphs I I, 15 or 17. '•e Notice will (3) not litter the grounds or common areas of the project; state ,- ' , amount the Tenant is required to pay,the date the new amount is e- :•rive,and (4) not destroy,deface, damage or remove any part of the unit,common areas,or project the -_ . for the rent.The Notice will also advise the Tenant that he/she may m.. with grounds; Landlord to discuss the rent change. (5) give the Landlord prompt notice of any defects in the plumbing,fixtures,appliances,heating 5 «. 'GES FOR LATE PAYMENTS AND RETURNED CHECKS: If the Tenant and cooling equipment or any othe rpart of the unit or related facilities;and does notfull amount of the rent shown in paragraph 3 by the end of the • .•y of ') remove garbage and other waste from the unit in a clean and safe manner. the month,the :y collect a fee of$5 on the 6th day of I . Thereafter, 11. DAMAGES:Whenever damage is caused by carelessness, misuse,or neglect on the the Landlord may collect$1 o .: • additional day the rent r unpaid during the month pan of the Tenant, his/her family or visitors, the Tenant agrees to pay: it is due.The Landlord may not • A.• a for failure to pay late charges,but A. the cost'of all repairs and do so within 30 days after receipt of the Landlord's demand for the repair charges; and may terminate this Agreement for no -•- ^ t o , as explained in paragraph 23. The B:- ., • the •-riod the unit is damaged whether or not the unit is habitable.The •• t Landlord may collect a fee• on the •--••• or any additional time a understands a r < e assistance .: n. • - • -- •-. •• in which the check is not ho •,-: '• payment(bounces).The charges disc • .aragraph are in unit is not habitable. For : • -- ••, . '• -• -- to pay the HUD-approved addi:>•. ,• • regular monthly rent payable by the Tenant. „. - :. ' : the Tenant rent shown in paragraph o • - •rent. •. CONDITION OF DWELLING UNIT: By signing this Agreement, the Tenant 12.RESTRICTIONS ON ALTERATIONS:The Tenant agrees not to do any of the follow- acknowledges that the unit is safe,clean and in good condition. The Tenant agrees that all ing without first obtaining the Landlord's written permission: appliances and equipment in the unit are in good working order, except as described on the A. change or remove any part of the appliances, fixtures or equipment in the unit; Unit Inspection Report which is Attachment No.2 to this Agreement.The Tenant also agrees B. paint or install wallpaper or contact paper in the unit; that the Landlord has made no promises to decorate,alter,repair or improve the unit,except C. attach awnings or window guards in the unit; as listed on the Unit Inspection Report. D. attactu or place any fixtures, signs,or fences on the building(s), the common areas, or 7.CHARGES FOR UTQdTIES AND SERVICES:The following charts describe how the project grounds; the cost of utilities and services related to the occupancy of the unit will be paid.The Tenant E. attach any shelves, screen doors, or other permanent improvements in the unit; agrees that these charts accurately describe the utilities and services paidby the Landlord and F. install washing machines, dryers, fans, heaters or air conditioners in the unit;or those paid by the Tenant. G. place any aerials, antennas or other electrical connections on the unit. A. The Tenant must pay for the utilities in column(1). Payments should be made directly 13. GENERAL RESTRICTIONS:The Tenant must live in the unit and the unit must to the utilityThe items column(2)are included in theaTenant's be the Tenant's only place of residence.The Tenant shall use the premises only as a private apple company. dwelling for himself/herself and the individuals listed on the Certification and Recertifica- tion of Tenant Eligibility.The Tenant agrees to permit other individuals to reside in the unit Put"X"by any Utility Type of Utility Put "X" by any Utility only after obtaining the prior written approval of the Landlord.The Tenant agrees not to: Tenant pays directly Included in Tenant Rent A. sublet or assign the unit, or any part of the unit; X Heat B. use the unit for unlawful purposes; X Lights, Electric C. engage in or permit unlawful activities in the unit,in the common areas or on the project X Cooking grounds; Water X D. have pets or animals of any kind in the unit without the prior written permission of the Other(Specify) Landlord; or WASTE DISPOSAL X E. make or permit noises or acts that will disturb the rights or comfort of neighbors.The Tenant agrees to keep the volume of any radio,phonograph,television or musical instru- ment at a level which will not disturb the neighbors. I. •, a: - to pay the Landlord the amount shown in column(3)on •- • - the 14.RULES:The Tenant agrees to obey the House Rules which are Attachment No.3 to rent is due.The : 'lo • ; -• ... - a • : --• • . r o collect the type of this Agreement.The Tenant agrees to obey additional rules established after the affective date charges shown in col n• a • ••• • ' amounts shown in c. • . -e •• •. eed the of this Agreement if: •--.., • : t .razed by HUD. 4 A. the rules are reasonable related to the safety,care and cleanliness of the building and 21.DISCRIMINATION PROHIBITED:The Landlord agrees not to discriminate based the safety, comfort and convenience of the Tenants; and upon race, color, religion, creed, national origin, sex, age,handicap, membership in a B. the Tenant receives written notice of the proposed rule at least 30 days before the class, such as unmarried mothers or recipients of public assistance or because there are rule is enforced, children in the family. 15.REGULARLY SCHEDULED RECERTIFICATION: Every year arou : the 22. CHANGE IN RENTAL AGREEMENT:The Landlord may, with the prior ap- day of , the Landlord will request I. Tenant proval of HUD,change terms and conditions of this Agreement.Any changes will become to report the'• ome and composition of the Tenant's household and to sur: y any other effective only at the end of the initial term of a successive term.The Landlord must notify information req ' • by HUD for the purposes of•determining the nant's rent and the Tenant of any change and must offer the Tenant a new Agreement or an amendment assistance payment, ny.The Tenant agrees to provide accurate : atements of this in- to the existing Agreement. The Tenant must receive the notice at least 60 days before formation and to do sob •e date specified in the Landlord's r: est.The Landlord will the proposed,effective date of change.The Tenant may accept the changed terms and con- verify the information supph-= 'ythe Tenant and use the v= tiled information to recant- ditions by signing the new Agreement or the amendment to the existing Agreement and pure the amount of the Tenant's t and assistance •:,meet, if any. returning it to the Landlord.The Tenant may reject the changed terms and conditions by A. If the Tenant does not submit I - required r rtification information by the date giving the Landlord written notice that he/she intends to terminate the tenancy.The Ten- specified in the Landlord's request,t'• : rd may impose the following penalties, ant must give such notice at least 30 days before the proposed change will go into effect. The Landlord may implement these pe : ' only in accordance with the administra- If the Tenant does not accept the amended agreement,the Landlord may require the Ten- lion procedures and time frames s. tfied in D's regulations,handbooks and in- ant to move from the project, as provided in paragraph 23. structions related to the admin' ration of multi •••ily subsidy programs. 23. TERMINATION OF TENANCY: (1) Require the Tenant to pa e higher, HUD-approv = market rent for the unit. A. To terminate this Agreement,the Tenant must give the Landlord 30-days written notice (2) Implement any incr : in rent resulting from the recerti :.tion processing without before moving from the unit. If the Tenant does not give the full 30-day notice,the providing the 30 •• notice otherwise required by paragraph of this Agreement. Tenant shall'be liable for rent up to the end of the 30 days for which notice was re- B. The Tenant •: request to meet with the Landlord to discuss any -'ange in rent or quired or to the date the unit is re-rented, whichever date comes first. assistant •:ymenl resulting from the recertification processing.If the - •nt requests B. Any termination of this Agreement by the Landlord must be carried out in accord- such : meeting, the Landlord agrees to meet with the Tenant and discuss .w the ance with HUD regulations, State and local law,and the terms of this Agreement. nant's rent and assistance payment, if any, were computed. - The Landlord may terminate this Agreement only for: 16.REPORTING CHANGES BETWEEN REGULARLY SCHEDULED RF CER- (I) the Tenant's material noncompliance with the terms of this Agreement; TIFIC• ION: • (2) the Tenant's material failure to carry out obligations under any State Landlord and A. If an .1 the following changes occur, the Tenant agrees to advise the Lan. ord Tenant Act; or immedi: ly. (3) other good cause, which includes but is not limited to the Tenant's refusal to accept (I) Any house •Id member moves out of the unit. the Landlord's proposed change to this Agreement. Terminations for "other good (2) An adult me • r of the household who was reported as unemploye• in the most cause" may only be effective as of the end of any initial or successive term. recent certifies'•n or recertification obtains employment. Material noncompliance includes, but is not limited to, (3) The household's •come before increases by more than $40/ th after: (a) the .• :: -.. : .' .: • .-.: -.: . • failure to reimburse the Landlord within 30 days Landlord has reduce• the Tenant's rent because of a decree in income reported for repairs made under paragraph I I of this Agreement; pursuant to paragraph •B below;or(b)the Tenant has sub.• tied certification infor- permitting unauthorized persons to live in the unit;serious or repeated damage to the unit mation showing an avera:e monthly household income • less than $ or common areas;creation of physical hazards,serious or repeated interference with the per household member. rights and quiet enjoyment of other tenants; • . •. . •• -- • • B. The tenant may report any d�• ease in income or : y change in other factors con- p • 1- :; • . : ••, • •• .'. - • . • - - - - • • sidered in calculating the tenant ent.Unless the undlord has confirmation that the considered in determining the Tenant's rent. decrease in income or change in oth factors wi ast less than one month,the Landlord C. If the Landlord proposes to terminate this Agreement, the Landlord agrees to give will verify the information and make .e ap. opriate rent reduction.However,if the the Tenant written notice of the proposed termination.If the Landlord is terminating Tenant's income will be partially or fu estored within two months,the Landlord this agreement for"other good cause,"the termination notice must be received by may delay the certification process until e •ew income is known,but the rent reduction the Tenant at least 30 days before the date the Tenant will be required to move from will be retroactive and the Landlord ay no vitt the Tenant for nonpayment of rent the unit. Notices of proposed termination for other reasons must be given in accord- due during the period of the repo• •decrease • d the completion of the certification ance with any time frames set forth in State and local law.Any HUD-required notice process.The Tenant has thi days after recei 'ng written notice of any rent due period may concurrently with any notice period required by State or local law. for the above described time • riod to pay or the • dlord can evict for nonpayment All terminations notices must: . of rent. (I) specify the date this Agreement will be terminated; C. If the Tenant does n' advise the Landlord of these in rim changes, the Landlord (2) state the grounds for termination with enough detail for the Tenant to prepare a defense; may increase the T• :nt's rent to the HUD-approved mar' rent.The Landlord may (3) advise the Tenant that he/she has 10 days within which to discuss the proposed ter- , do so only in ac .rdance with the time frames and administr. 've procedures set forth mination of tenancy with the Landlord.The 10-day period will begin on the earlier in HUD's re;• ations,handbooks and instructions on the admin ation of multifamily of the date the notice was hand-delivered to the unit or the day after the day the notice subsidy p •grams. is mailed.If the Tenant requests the meeting,the Landlord agrees to discuss the pro- D. The T .:nt may request to meet with the Landlord to discuss ho any change in posed termination with the Tenant;and into• or other factors affected his/her rent or assistance payment,if an If the Tenant (4) advise the Tenant of his/her right to defend the action in court. r••uests such a meeting,the Landlord agrees to meet with the Tenant d.e<plain I). If an eviction is intitiated,the Landlord agrees to rely only upon those grounds cited how the Tenant's rent or assistance payment, if any, was computed. in the termination notice required by paragraph (C). 1 -TERMINATION OF ASSISTANCE: 24. HAZARDS: The Tenant shall not undertake, or permit his/her family or guests A. Tenant understands that assistance made available on his/herb alf may be ter- to undertake,any hazardous acts or do anything that will increase the project's insurance mi., • if any of the following events happen.Termination of a'-stance means that premiums. If the unit is damaged by fire, wind or rain to the extent that the unit cannot the La 'lord may make the assistance available to another T •nt and the Tenant's be lived in and the damage is not caused or made worse by the Tenant,the Tenant will rent ' be recomputed.In addition,if the Tenant's assis• ce is terminated because be responsible for rent only up to the date of the destruction.Additional rent will not accrue of criteria(I •r(2)below,the Tenant will be requir • o pay the HUD-approved until the unit has been repaired to a livable condition, market rent for •e unit. . PENALTIES FOR SUBMITTING FALSE INFORMATION: I • enant (I) The Tenant delibe • ely submits false informatio .n any application, certification, delibera - _ • sits false information regarding income,famil •• ton or other data recertification or requ- t for interim adjustment •r the purpose of obtaining a higher on which the Tenan •'bility or rent is dete n'• e Landlord may, with HUD assistance payment or lo er rent and HUD approves the termination. approval, require the Tenant to .: •-.,y: er, HUD-approved market rent for as long (2) The Tenant does not provi.• the Landlor• with the information or reports required us the Tenant remains i , : • ect.In addition, , - :ntcould become subject to penalties by paragraph 15 or 16 within :eaten.• days after receipt of the Landlord's notice available •- 'e•eral law.Those penalties include fines.. • 000 and imprisonment of intent to terminate the Tenant sistance payment. up to two years. (3) The amount the Tenant would be•-• ' ed to pay towards rent and utilities under HUD 26,CONTENTS OF THIS AGREEMENT:This Agreement and its Attachmon make rules and regulations equals t' Fami Gross Rent shown on Attachment No. I. up the entire agreement between the Tenant and the Landlord regarding the unit. If any B. The Landlord agrees to giv- he Tenant itten notice of the proposed termination. Court declares a particular provision of this Agreement to be invalid or illegal,all other The notice will advise t Tenant that, dun •: the ten calendar days following the terms of this Agreement will remain in effect and both the Landlord and the Tenant will date of the notice,he/ e may request to meet •e Landlord to discuss the proposed continue to be bound by them. termination of assi• :nee. If the Tenand requests • discussion of the proposed ter- 27.ATTACHMENTS TO THE AGREEMENT:The Tenant certifies that he/she has mination,the dlord agrees to meet with the Te :nt. received a copy of this Agreement and the following Attachments to this Agreement and C. Termination. assistance shall not affect the Tenant's...er rights under this Agree- understands that these Attachments are part of this Agreement. ment,Inc •ing the right to occupy the unit. If assistance'• terminated pursuant to A. Attachment No. 1 -Form HUD-50059,Certification and Recertification of Tenant parag - I7A(2)or 17A(3),assistance may subsequently be instated if the Tenant Eligibility. sub• the income or other data required by HUD procedures, he Landlord deter- B. Attachment No. 2-Unit Inspection Report. ' es the Tenant is eligible for assistance, and assistance is ava able. C. Attachment No. 3-House Rules (If any). :.TENANT OBLIGATION TO REPAY: If the Tenant submits false infer... ton 28. SIGNATURES: on an- •plication,certification or request for interim adjustment or does • eport in- terim than: in family income or other factors as required by paragra.. .of this Agree- TENANT mens,and,as : ult, is charged a rent less than the amount r =•tred by HUD's rent BY: formulas,the Tenan •tees to reimburse the Landlord fort • •Ifference between the rent he/she should have paid • the rent he/she was char: •.The Tenant is not required to (�/ , I l rb/13/96 reimburse the Landlord for un. charges caused = y by the Landlord's failure to follow n HUD's procedures for computing nt or istance payments. lam— Date Signed 19.SIZE OF DWELLING:The -'t understands that HUD requires the Landlord to assign units according to the ' of the ho'.-hold and the age and sex of the household members.If the Tenant' •r becomes eligible • : different size unit,and the required 2. /Dai Signed size unit becomes . :i able, the Tenant agrees to: A. ,move w' n 30 days after the Landlord notifies hi r that a unit of the required si s availttble within the project;or 3. / / • remain in the same unit and pay the HUD-approved market : . Dau Signed 20.ACCESS BY LANDLORD: The Landlord agrees to enter the nit only during reasonable hours,to provide reasonable advance notice of his/her intent to enter the unit, LANDLORD and to enter the unit only after receiving the Tenant's consent to do so,except when emer- BY: gency situations make such notices impossible or except under paragraph (c) below, A. The Tenant agrees to permit the Landlord, his/her agents or other persons, when / authorized by the Landlord,to enter the unit for the purpose of making reasonable I• b-6A,Lk- 4,,,ecrepairs and periodic inspections. StIPIROPCRTY MANAGEMEPT.INC.AS AGENT OR THE OWNER B. After the Tenant has given a notice of intent to move, the Tenant agrees to permit the Landlord to show the unit to prospective tenants during reasonable hours. • C. If the Tenant moves before this Agreement ends,the Landlord may enter the unit to decorate, remodel, alter or otherwise prepare the unit for re-occupancy. This rider is attached to and made a part of this lease dated October 12, 1995 by and between MIDLAND PROPERTY MGMT, INC. Lessor and City of Elgin for the premises known as The Townhomes of the Mill . Location of Unit: 1211 Amanda Circle, Elgin, IL 60123 RIDER A RULES AND REGULATIONS These rules are of the benefit of all tenants and are a part of the lease. Violations may cause termination of your lease. 1 . No pets are allowed in or around the building under any circum- stances without written consent of the OWNER or OWNER'S AGENT. 2. All personal possessions must be kept in the apartment. Nothing is to be left outside the unit overnight. 3 . Harrassment of other tenants or any activity or behavior which is disruptive to the security or quiet of other tenants is expressly prohibited. 4 . Parking is restricted to marked spaces in the parking lots provided. At no time may any vehicle be parked on the lawn or in marked "No Parking" areas, or blocking throughways or fire exits, or it will be towed at the owners expense. Tenants should park their vehicles in the lot that is directly in front of their buildings. 5 . Maintenance work on any motor driven vehicles: and washing on the premises is prohibited. 6. Window dressings must be installed within 30 days of move in. No sheets, blankets, flags , or tapestries may be used after 30 days of move in. 7 . No noise, music, or other sounds shall be permitted at any time in such a manner as to disturb or annoy other occupants in the building. 8 . Laundry and drying apparatus shall be used in such a manner and at such times as the OWNER or OWNER'S AGENT may direct. Washers and dryers cannot be kept in the apartments. 9 . No sign, illuminations, advertisement, notice or any other lettering, or equipment shall be exhibited, inscribed, painted, affixed, or exposed in or at any window or on any part of the outside or inside of the apartment or the building without prior written consent of the OWNER or OWNER'S AGENT. 10. The tenant shall not alter any lock or install a new lock, or knocker, or peephole, or any other attachment without the written consent of the OWNER or OWNER'S AGENT. A key must be provided to OWNER's AGENT. 11 . No awnings or other projections including air conditioners, television or radio antennas , or wiring shall be attached to or extend from the outside walls of the building. 12 . Running extension cord wiring for electrical appliances or fixtures in violation of the Municipal Code is prohibited. 13 . No spikes, hooks, nails , or two-way tape hangers shall be driven into or affixed onto any woodwork in the apartment without first obtaining the written consent of the OWNER or OWNER'S AGENT. 14 . No furniture filled with liquid or semi-liquid substance shall be brought in or used in the apartment. 15. Children under the age of 13 must be under the supervision of a parent or a responsible individual over the age 14 whether indoors or outdoors. 16. The cost of repairing damage to property which includes non- approved painting and wallpapering, etc. traceable to a member of the leased tenant will be deducted from the damage deposit, or charged at the time of the incident, as is applicable. 17. Guests of the lessee shall not be allowed to reside in the apartment longer than one(1) week ( 7) days without written consent of the OWNER or OWNER'S AGENT. 18 . During winter months, the heat shall not be turned off in the apartment unless an emergency exists were it is necessary. 19. Carpeting shall not be installed over existing carpet or tile, nor shall it be removed or exchanged without written consent of OWNER or OWNER'S AGENT. 20. Garbage must be placed inside the outdoor dumpsters provided in parking lots . It should be wrapped in sealed plastic bags. Littering in or around the buildings: placing refuse in any common areas of the buildings or storage lockers is expressly prohibited. 21 . Appliances furnished with the apartment may only be replaced or exchanged by the OWNER or OWNER'S AGENT. Damage to these appliances caused by misuse or neglect will be charged to tenant. Also, mildew and deterioration caused by turning off refrigerators for substantial length of time could result in replacement of the appliance at the less expense. 22 . Rules and Regulations regarding the swimming pool will be issued prior to the summer season. Failure to comply with set rules and regulations will result in the revocation of privileges to use those amenities. 23 . Lockouts occuring between the hours of 5 :00 p.m. and 8 : 00 a.m. , Monday through Friday, Saturday, Sunday, Holidays, or when the office is closed, will result in a $20. 00 charge to the tenant. Lockouts occuring between the hours of 9 :00 a.m. and 4 : 55 p.m. , will result in a $10 . 00 charge to the tenant. 24. (BARRED)Management has the right to bar individuals from the property. You must inform guest(s) of all The Mill Apartments rules and regulations. If rules and regulations are broken by your guest, they may be barred and/or arrested for criminal trespassing. If the rules and regulations are broken by a resident, it is grounds for termination of tenancy. 25. No trespassing or loitering is allowed on any common areas of the property including (but not limited to) parking lots, streets, hallways and stairway. 26 . The electricity must be on at all times to prevent damage to appliances. 27 . The toilet basins, and other plumbing fixtures shall not be used for any other purpose other than for those which they were designed. No diapers, sweepings , rubbish, rags, or any other improper articles shall be thrown into them. Any damage resulting from misuse of such facilities shall be paid for by the tenant. 28 . Residents are required to allow OWNER or OWNER'S AGENT access to their unit with proper notice, for the purpose of exterminating. Resident's are required to properly prepare their apartments for such exterminations at OWNER OR OWNER'S. AGENT request. 29. Resident's , resident's children, and resident's guest may be required to show identification when on the property. All guests not accompanied by a resident are required to have identification available upon request by OWNER OF OWNER'S AGENT. 30. Open alcoholic beverages are prohibited on any of the common areas of the property including, but not limited to the parking lots, streets, hallways, stairwells and entrances. Lessee: A. \ . �_.�.� Lessor 01111 Lessee: Date c /20 ) 910 Date G, ( 13I9b fay. $% • . LEASE ADDENDUM FOR DRUG-FREE HOUSING In consideration of the execution or renewal of a lease of the dwelling unit identified in the lease, Owner and Tenant agree as follow: 1 . Tenant, any member of the tenant ' s household, or a guest or other person under the tenant ' s control shall not engage in criminal activity, including drug-related criminal activity, on or near project premises . "Drug-related criminal activity" means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use, of a controlled substance (as defined in section 102 of the Controlled Sustances Act(21 U. S .C. 802 ) ) . 2 . Tenant, any member of the tenant ' s household, or a guest or other person under the tenant ' s control shall not engage in any act intended to facilitate criminal activity, including drug- related criminal activity, on or near project premises . 3 . Tenant or members of the tenant' s household will not permit the dwelling unit to be used for, or to facilitate, criminal activity, including drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household or a guest . 4 . Tenant or members of the tent ' s household will not engage in the manufacture, sale, or distribution of illegal drugs at any location, whether on or near project premises or otherwise . 5 . Tenant, any member of the tenant ' s household, or a guest or other persons under the tenant ' s control shall not engage in acts of violence or threats of violence, including, but not limited to, the unlawful discharge of firearms , on or near project premises . 6 . VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF TENANCY. A single violation of any of the provisions of this addendum shall be deemed a serious violation and a material noncompliance with the lease . It is understood and agreed that a single violation shall be good cause for termination of the lease. Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be by a preponderance of the evidence . 7 . In case of conflict between the provisions of this addendum and any other provisions of the lease, the provisions of the addendum shall govern. 8 . This Lease Addendum is incorporated into the lease exe uted or renewed this day between Owner and Tenant . ISPI . . . • • _ OWNER TENANT DATE: (s 1 -2-46 l9 b DATE: ‘ lial9i. 10 O . Metz 1/ This Agreement, entered into this 1 2th day of October - 19 95 by and between TOWNHOMES OF THE MILL ("PROPERTY")and City of Flgin ("RESIDENTS"), concerning the premises known as Apartment # at 1211 Amanda Circle (Street), Elgin (City), IL (State) ("PREMISES"). The PREMISES is equipped with 1 smoke detector(s). RESIDENT agrees to test the smoke alarm weekly by pushing the "TEST" button on the smoke detector for five seconds. The alarm should sound when the button is pushed. If there is no sound, RESIDENT will inform PROPERTY or authorized agent immediately in writing. By initialing as provided, each RESIDENT understands that it is the RESIDENT's responsibility to insure that the smoke detector is in operating condition at all times (which includes replacing the battery as needed, if applicable). If the smoke detector will not operate, RESIDENT will inform PROPERTY or authorized agent immediately. RESIDENT acknowledges by signing this Agreement that they have read and understand this Agreement. X 0111,6 (RESIDENT) (RESIDENT) (RESIDENT) QACQ " Le 1 6/2-e/96 (As Agent for Owner) (Sign e& (Date) . • RESIDENT OFFICER LEASE ADDENDUM This addendum is for the purpose of establishing the use and intent of the City of Elgin, a municipal corporation, and the Elgin Police Department in leasing the premises known as 1211 Amanda Circle. The townhome 1211 Amanda Circle will be a residence for an Elgin Police Officer and his family The Elgin Police Department shall notify management as to the name of the participating officer, prior to establishment of residency. The City of Elgin shall provide lessor with no less than thirty days notice of its intent to terminate this agreement. The City of Elgin hereby holds harmless Midland Property Management, Inc. from any liability for injuries or damage to property arising or occurring during the conducting of police business at 1211 Amanda Circle. The City hereby agrees to hold Midland Property Management, Inc. and The Owners of the Development harmless and indemnify them against any and all liabilities, claims, or causes of action arising from injury or damage to property caused or contributed to/by the City of Elgin, or any persons conducting police business at 1211 Amanda Circle. The City of Elgin hereby released Midland Property Management, Inc. and the Owners of the Development from any liability from injuries caused by persons other than employees of Midland Property Management, Inc. or owners of the Development. c J f SIGNATURE DATE SIGNATURE DATE JCVK-Q. H71-e LESS DATE /9/6 0 '