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Home My WebLink About96-30 Resolution No. 96-30 RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT ( 1 Times Square, #213) 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 a written Apartment Lease agreement with Times Square Apartments for the premises commonly known as 1 Times Square, #213, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: February 14, 1996 Adopted: February 14, 1996 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk IEll I Agenda Item No. /fit I1.4l January 18, 1996 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Lease Amendment for ROPE Officer at Times Square PURPOSE The purpose of this memorandum is to seek approval for an additional lease for 1 Times Square, Apartment #213 for use by Resident Officer Darin Hood for February, 1996 through Janu- ary, 1997 . BACKGROUND Officer Darin Hood has been the Resident Officer assigned to the Times Square apartment complex since October of 1995 . The City currently rents an apartment for Officer Hood at 1 Times Square, #201, at a cost of $10 per month. This lease would allow the expansion of Officer Darin Hood's work area to an adjoining efficiency apartment at an additional cost of $331 per month, bringing the total monthly rent to $341 per month. Officer Hood has been very active in his area and has found a need for a meeting and office space within his resident area. No space is available in Officer Hood's current apartment to adequately address the need for a meeting room. This apart- ment would serve that need as well as give Officer Hood some level of privacy when off duty. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The additional rental payments, $331 per month, are budgeted within the Police Department's 1996 budget under account number 010-2304-731.43-03. Additional Lease - Times Square January 18, 1996 Page 2 LEGAL IMPACT None. RECOMMENDATION It is recommended that this additional lease be accepted as proposed. Respectfully submitted, thAA16, Y141°4'4' Charles A. Gruber Chief of Police Richard B. Helwig City Manager JB/jb r . - . (16' D€ : 'rt Tc! Deputy Ch ' ief rf0:7 Lt. "IcCurtain , St7 - , t. ini: Frc..cri 5./P Hobbs," ror; Re? Ft Ir tc.:b i:_xpaneiirn t1 the 1in,7-Fi t;:iva-e R. f.D, f-. !- . Location Tbe rewoEt for the: adClt:! -:, of atiTe, lam : EqL. re, 4,.- be added to the est . r .: 1:-... L. 1: JE based on th- folloKino ndsr. niq-e, ol -ice etorag space, inc.reaeed p-ofeseid -,RI irac , in:r-eaeed .1'4 priYab.,,, 1- oo“. cer , and :: :--, 1 :e F-, 1E1- ,' o- cer ant.: area reside: te. Of ,-ice crront E,!:,. —tment ie ffl. le:,d :.q.:- (-) cry. ,:kcJ .,; with c,-D C.' Itig7. . r"f0 Etpred off F=.7.to (2—, e,.. bicycle, left CV- : '( F. cm F,V;iit Liti::c-ne and ae. .Dc. ates m,J,.;t. wal !< lhrou.g1 the ..L .vir, and !:!.inino ar4-:as t reecthe m4f3ce, =.pace r,Rdcinc ;. E: or,alism iv d pr3vacy. Theri,. is no incoor qie;i: ' : •---, tc in the ar ,,A. If frsre ia a ne2d fo' tic r -ticnalE tr, hi-.- deeL7br:- iepth , I may be ccntactpd at t 599c. . lhank Y(,u, (Pk APARTMENT LEASE UNEURNISHED DATE OF LEASE TERM OF LEASE MONTHLY RENT SECURITY DEPOSIT* BEGINNING ENDING 02-01-96 02-01-96 01-31-97 $331.00 $0 * IF NONE, WRITE "NONE". Paragraph 2 of this Lease then INAPPLICABLE. LESSEE LESSOR NAME City of Elgin/A Municipal Corporation NAME Times Square Apartments APT. NO. #213 BUSINESS 3 Times Square ADDRESS OF 1 Times Square ADDRESS Elgin, Illinois 60120 PREMISES Elgin, Illinois 60120 In consideration of the mutual covenants and agreements herein stated, Lessor hereby leases to Lessee and Lessee hereby leases from Lessor for a private dwelling the apartment designated above (the "Premises"), together with the appurtenances thereto, for the above Term. ADDITIONAL COVENANTS AND AGREEMENTS (if any) 1) Lessor furnishes heat, water and gas/Lessee pays own electric and telephone in "apartment 213." LEASE COVENANTS AND AGREEMENTS RENT 1. Lessee shall pay Lessor or Lessor's agent as rent for the Premises the sum stated above, monthly in advance, until termination of this lease, at Lessor's address stated above or such other address as Lessor may designate in writing. SECURITY 2. Lessee has deposited with Lessor the Security Deposit stated above for theperformance of all covenants and agreements of Lessee hereunder. Lessor may apply all or any portion thereof in payment of any amounts due Lessor from Lessee, and upon Lessor's demand Lessee shall in such case during the term of the lease promptly deposit with Lessor such additional amounts as may then be required to bring the Security Deposit up to the full amount stated above. Upon termination of the lease and full performance of all matters and payment of all amounts due by Lessee, so much of the Security Deposit as remains unapplied shall be returned to Lessee. This deposit does not bear interest unless and except as required by law. Where all or a portion of the Security Deposit is applied by Lessor as compensation for property damage, Lessor when and as required by law shall provide to Lessee an itemized statement of such damage and of the estimated or actual cost of repairing same. If the building in which Premises are located (the "Building) is sold or otherwise transferred, Lessor may transfer or assign the Security Deposit to the purchaser or transferee of the Building, who shall thereupon be liable to Lessee for all of Lessor's obligations hereunder, and Lessee shall look thereafter solely to such purchaser or transferee for return of the Security Deposit and for other matters (including any interest or accounting) relating thereto, except as otherwise required by law. The Security Deposit shall be held in an interest bearing account maintained for the purpose of holding such deposits. If the building is located in Chicago, Illinois and the Security Deposit is held for more than six (6) moths, Lessor shall pay Lessee within thirty (30) days after the end of each twelve (12) month period, interest earned during such twelve (12) month period in cash or as a credit against rent due. 3. Lessee has examined and knows the condition of Premises and has received the same in good order and repair except as herein otherwise specified, and no representations as to the condition or repair thereof have been made by Lessor or his agent prior to, or at the execution of this lease, that are not herein expressed or endorsed hereon; and upon the termination of this lease in any way, Lessee will immediately yield up Premises to Lessor in as good condition as when the same were entered upon by Lessee, ordinary ear and ear only excepted, and shall then return all keys to Lessor. 4. Except as provided by Illinois statute, Lessor shall not be liable for any damage occasioned by failure to keep Premises in repair, and shall not be liable for any damage done or occasioned by or from plumbing, gas, water, steam or other pipes, or sewerage, or the bursting, leaking or running of any cistern, tank, wash-stand, water-closet, or waste-pipe, in, above, upon or about the Building or Premises, nor for damage occasioned by water, snow or ice being upon or coming through the roof, skylight, trap-door or otherwise, nor for damages to Lessee or other claiming through Lessee for any loss or damage of or to property wherever located in or about the Building or Premises, nor for any damage arising from acts or neglect of co-tenants or other occupants of the Building, or of any owners or occupants of adjacent or contiguous property. Lessor shall maintain the Premises in substantial com- pliance with all applicable provisions of the municipal code of the city in which the building is located. 5. Lessee will not allow Premises to be used for any purpose that will increase the rate of insurance thereon, nor for any purpose other than that hereinbefore specified, nor to be occupied in whole or in party by any other persons, and will not sublet the same, nor any part thereof, nor assign this lease, without in each case the written consent of the Lessor first had, and will not permit any transfer, by operation of law, of the interest in Premises acquired through this lease, and will not permit Premises to be used for any unlawful purpose or purpose that will injure the reputation of the same or of the Building or disturb the tenants of the Building or the neighborhood. 6. Lessee will take good care of the apartment demised and the fixtures therein, and will commit and suffer no waste therein; no changes or alterations of the Premises shall be made, nor partitions erected, nor walls papered, nor locks on doors installed or changed, without the consent in writing of Lessor; Lessee will make all repairs required to the walls, ceilings, paint, plastering, plumbing work, pipes and fixtures belonging to Premises, whenever damage or injury to the same shall have resulted from misuse or neglect; no furniture filled or to be filled wholly or partially with liquids shall be placed in the Premises without the consent in writing of Lessor; the Premises shall not be used as a "boarding" or "lodging" house, nor for a school, nor to give instructions in music, dancing or singing, and none of the rooms shall be offered for lease by placing notices on any door, window or wall of the Building, nor by advertising the same directly or indirectly, in any newspaper or otherwise, nor shall any signs be exhibited on or at any windows or exterior portions of the Premises or of the Building without the consent in writing of Lessor; there shall be no lounging, sitting upon, or unnecessary tarrying in or upon the front steps, the sidewalk, railing, stairways, halls, landing or other public places of the Building by Lessee, members of the family or other persons connected with the occupancy of Premises; no provisions, mile, ice, marketing, groceries, furniture, packages or merchandise shall be taken into the Premises through the front door of the Building except where there is no rear or service entrance; cooking shall be done only in the kitchen and in no event on porches or other exterior appurtenances; Lessee, and those occupying under Lessee, shall not interfere with the heating apparatus, or with the lights, electricity, gas, water or other utilities of the Building which are not within the apartment hereby demised, nor with the control of any of the public portions of the Building; use of any master television antenna hookup shall be strictly in accordance with regulations of Lessor or Lessor's agent; Lessee and those occupying under Lessee shall comply with and conform to all reasonable rules and regulations that Lessor or Lessor's agency may make for the protection of the Building or the general welfare and the comfort of the occupants thereof, and shall also comply with and conform to all applicable laws and governmental rules and regulations affecting the Premises and the use of occupancy thereof. 7. Lessee will allow Lessor free access to the Premises at all reasonable hours for the purpose of examining or exhibiting the same or to make any needful repairs which Lessor may deem fit to make for the benefit of or related to any part of the Building; also Lessee will allow Lessor to have placed upon the Premises, at all times, notice of "For Sale" and "To Rent," and will not interfere with the same. 8. If the Lessee retains possession of the Premises or any part thereof after the termination of the term by lapse of time or otherwise, then the Lessor may at Lessor's option within thirty days after the termination of the term serve written notice upon Lessee that such holding over constitutes either renewal of this lease for one year, and from year to year thereafter, at double the rental specified under Section 1 for such period or creation of a month to month tenancy, upon the terms of this lease except at double the monthly rental specified under Section 1, or (a) creation of a tenancy at sufferance, at a rental of 13.33 dollars per day for the time Lessee remains in possession. If no such written notice is served then a tenancy at sufferance with rental as stated at (a) shall have been created, and in such case if specific per diem rental shall not have been inserted herein at (a) , such per diem rental shall be one-fifteenth of the monthly rental specified under Section 1 of this lease. Lessee shall also pay to Lessor all damages sustained by Lessor resulting from retention of possession by Lessee. 9. Lessee will not permit anything to be thrown out of the windows, or down the courts or light shafts in the Building; nothing shall be hung from the outside of the windows or placed on the outside window sills of any window in the Building; no parrot, dog or other animal shall be kept within or about the Premises; the front halls and stairways and the back porches shall not be used for the storage of carriages, furniture or other articles. 10. The provisions of subsection (a) only hereof shall be applicable and shall form a part of this lease unless this lease is made on an unheated bases and that fact is so indicated on the first page of this lease, in which case the provisions of subsection (b) only hereof shall be applicable and form a part of this lease. (a) Lessor will supply hot hot and cold water to the Premises for the use of Lessee at all faucets and fixtures provided by Lessor therefore. Lessor will also supply heat, by means of the heating system and fixtures provided by Lessor, in reasonable amounts and at reasonable hours, when necessary, from October 1 to April 30, or otherwise as required by applicable municipal ordinance. Lessor shall not be liable or responsible to Lessee for failure to furnish water or heat when such failure shall result from causes beyond Lessor's control, nor during periods when the water and hating systems in the Building or any portion thereof are under repair. 11. Except as provided by law, Lessor shall not be liable for any loss or damage of or to any property placed in any store room or any storage place in the Building, such store room or storage place being furnished gratuitously and not as part of the obligations of this lease. 12. Lessee's covenant to pay rent is and shall be independent of each and every other covenant of this lease. Lessee agrees that any claim by Lessee against Lessor shall not be deducted from rent nor set off against any claim for rent in any action, except as permitted by law. 13. It is further agreed, by the parties hereto, that after the service of notice or the commencement of a suit or after final judgement for possession of the Premises, Lessor may receive and collect any rent due, and except as otherwise required by law, the payment of said rent shall not waive or affect said notice, said suit, or said judgement. 14. The rights and remedies of Lessor under this lease are cumulative. The exercise or use of any one or more thereof shall not bar Lessor from exercise or use of any other right or remedy provided herein or otherwise provided by law, nor shall exercise nor use of any right or remedy by Lessor waive any other right or remedy. 15. In case the Premises shall be rendered untenantable during the term of this lease by fire or other casualty, Lessor at his option may terminate the lease or repair the Premises within 60 days thereafter. If Lessor elects to repair, this lease shall remain in effect provided such repairs are completed within said time. If Lessor shall not have repaired the Premises within said time, then at the end of such time the term hereby created shall terminate. If this lease is terminated by Premises within said time, then at the end of such time the term hereby created shall terminate. If this lease is terminated by reason of fire or casualty as herein specified, rent shall be apportioned and paid to the day of such fire or other casualty. 16. This lease is subordinate to all mortgages which may now or hereafter affect the real property of which Premise form a part. 17. The words "Lessor" and "Lessee" wherever herein occurring and used shall be construed to mean "Lessors" and "Lessees" in case more than one person constitutes either party to this lease; and all the covenants and agreements herein contained shall be binding upon, and inure to, their respective successors, heirs, executors, administrators and assigns and be exercised by his or their attorney or agent. 18. Wherever possible each provision of this lease shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of his lease shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this lease. 19. The parties to this lease acknowledge that the terms of this lease may be inconsistent with the laws, statutes or ordinances of the jurisdiction in which the Premises are located, and where inconsistent, those terms may be superseded by the provisions of such laws, statutes or ordinances. To the extent the provisions of such laws, statutes or ' ordinances supersede the terms of this lease, such provisions are hereby incorporated into the terms of this lease by this reference, and the parties to this lease agree to refer to such provisions and to be bound thereby. WITNESS the hands and seals of the parties hereto, as of the Date of Lease stated above. LESSEE: ��LyyESSO• �.� 1 1-- (seal) , .L6L!/. )(seal) G ( rtY /121�N G Fi (seal) ; yr�x� �cc�.r,� #44.7--reed � �%�u c/(seal) ASSIC NT BY LESSOR On this , 19 , for value received, Lessor hereby transfers, assigns and sets over to , all right, title and interest in and to the above lease and the rent thereby reserved, except rent due and payable prior to , 19 (seal) (seal) GUARANTEE On this , 19 , in consideration of Ten Dollars ($10.00) and other goods and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned Guarantor hereby guarantees the payment of rent and performance by Lessee, Lessee's heirs, executors, administrators, successors or assigns of all covenants and agreements of the above lease. (seal) (seal) . - . } . 40 TIMES SQUARE APARTMENTS RECEIPT • Apartment #: 1-213 For The Month Of: March TOTAL PAYMENT Tenant Name: Elgin Police Department Charge Charge Balance Apply Date Type Description Due Payment 2/15/96 A/C A/C CHARGE 10.00 2/15/96 RENT APARTMENT RENT 160.50 3/01/96 A/C A/C CHARGE 10.00 3/01/96 RENT APARTMENT RENT 321 .00 Total Amount Due 501 . 50 List Checks & Amount CHECK OR CASH Date: CHECK OR CASH _ 4 : ' / 40 TIMES SQUARE APARTMENTS RECEIPT Apartment #: 1-201 For The Month Of: March TOTAL PAYMENT Tenant flame: Elgin Police Department Charge Charge Balance Apply Date Type Description Due Payment 1/01/96 A/C A/C CHARGE 10.00 2/01/96 A/C A/C CHARGE 10.00 --------------- 3/O1/96 A/C A/C CHARGE 10.00 3/01/96 FREE FREE RENT 387.00- 3/O1/96 RENT APARTMENT RENT 387.00 Total Amount Due 30.00 List Checks & Amount Taken : CHECK OR CASH Date:_ CHECK OR CASH