95-110 Resolution No. 95-110
RESOLUTION
AUTHORIZING EXECUTION OF AN APARTMENT LEASE
( 313 Kathleen Drive)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard B. Helwig, City Manager, be and is
hereby respectively authorized and directed to execute an
apartment lease with Investors Realty for the premises
commonly known as 313 Kathleen Drive, Unit 3, Elgin, Illinois,
a copy of which is attached hereto and made a part hereof by
reference .
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: May 24 , 1995
Adopted: May 24 , 1995
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
APARTMENT LEASE
UNFURNISHED
DATE OF LEASE TERM OF LEASE MONTHLY RENT SECURITY DEPOSIT
BEGINNING ENDING
May 1, 1995 May 1, 1995 Month to $450.00 $ 0.00
Month
LESSEE LESSOR
Name: City of Elgin, Illinois Name: Investors Realty
a municipal corporation Business
Address of Address: 1070 Larkin Avenue
Premises: 313 Kathleen Drive, Unit 3 Elgin, IL 60123
Elgin, IL 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:
Utilities and telephone to be paid by Lessee.
1. RENT. 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.
2. SECURITY DEPOSIT. Lessee has deposited with Lessor the Security Deposit stated
above for the performance 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.
3. CONDITION OF PREMISES; REDELIVERY TO LESSOR. 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 wear and tear
only excepted, and shall then return all keys to Lessor.
4. LIMITATION OF LIABILITY. Lessor shall maintain the Premises in substantial
compliance with all applicable provisions of the municipal code of the city in which
the building is located.
5. USE AND REPAIR. Lessee shall take reasonable care of the apartment demised and the
fixtures therein, and shall commit and suffer no waste therein. No changes or
alterations of the Premises shall be made, nor partitions erected, nor walls papers,
nor locks on doors installed or changed, without the consent in writing of Lessor;
Lessee shall 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 ordered 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,
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.
6. ACCESS. Lessee shall 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 shall allow Lessor to have placed upon the Premises, at
all times, notice of "For Sale" and "To Rent," and shall not interfere with the same.
7. RESTRICTIONS ON USE. Lessee shall 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
Building; the front front halls and stairways and the back porches shall not be used
for the storage of carriages, furniture or other articles.
8. WATER AND HEAT. Lessor shall supply hot and cold water to the Premises for the use
of Lessee at all faucets and fixtures provided by Lessor therefore. Lessor shall
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 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 heating
systems in the Building or any portion thereof are under repair, except as otherwise
provided herein.
9. STORE ROOM. 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.
10. NO RENT DEDUCTION OR SET OFF RENT AFTER NOTICE OR SUIT. It is further agreed by the
parties hereto that after the service of notice, the commencement of a suit or after
final judgment 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, suit, or judgment.
11. RIGHTS CUMULATIVE. The rights and remedies of the parties hereto under this lease
are cumulative. The exercise or use of any one or more thereof shall not bar the
parties hereto 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 the
parties hereto waive any other right or remedy.
12. FIRE AND CASUALTY. 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. Lessee shall not be
obligated or liable for the payment of rent during the period of such repair. 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.
13. SUBORDINATE. This lease is subordinate to all mortgages which may now or hereafter
affect the real property of which Premise form a part.
14. PLURALS; SUCCESSORS. 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.
15. SEVERABILITY. 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 this 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.
16. COMPLIANCE WITH LAWS, STATUTES AND ORDINANCES. The parties of this lease
acknowledge that the terms of this lease may be inconsistent with the laws,
statutes, or ordinances of the jurisdiction in which 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.
Dated:
LESSOR:
Mel'Schrock-
Investors Realty
1070 Larkin Avenue
Elgin, Illinois 60123
LESSEE:
CITY OF ELGIN, a municipal corporation
By: .
Richard B. Helwig S12-S- q�
City Manager
Attest: y}
5)96/1'w&--
Dolonna Mecum, City Clerk
Elm
n
Agenda Item No . :=)--
_;*,,:L.
- . :,__,_,,-i ,
. ._. , .,,
s„,
:,1,,,,
May 4 , 1995
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Lease Agreement for ROPE Housing at 313 Kathleen
PURPOSE -
The purpose of this agreement is to execute a 12 month lease
renewal for the Resident Officer' s apartment at 313 Kathleen.
BACKGROUND
Officer Swoboda moved in to the residence in September of
1993 . Since that time positive changes have taken place in
his neighborhood. A lease has been negotiated providing a $50
monthly increase in the rent paid for the apartment at 313
Kathleen. Previously, the rent was $400, since the end of
the first year, the lease has been on a month-to-month basis .
Mr. Schrock, the property owner, is requesting a monthly rent
of .,$450 .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Attached is a letter from the Westside Property Owners with
favorable reaction to the program and Officer Swoboda' s fine
work in this area.
FINANCIAL IMPACT
The additional $50 for the remainder of 1995 can be absorbed
under the budgeted housing costs, due to anticipated increas-
es in other resident officer housing costs not occurring .
This increase was anticipated and will be reflected in future
budget requests . These funds are budgeted under account
#010-2304-731 . 43-03 .
Mayor and Members of City Council
May 4, 1995
Page Two
LEGAL IMPACT
None..
RECOMMENDATION
The Police Department recommends that the rent increase be
authorized. This would increase the monthly rent to $450
from $400 .
Respectfully submitted,
dZ-4 -A%41•11-0
Charles A. Gruber
Chief of Police
Richard B. Helwig
City Manager
JB/jb
Attachment
•••
•
•
ROBERT C. SITES
432 Hubbard Ave.
Elgin, Ill.
60123
Feb. 1995
Nr. Charles Gruber
Chief Of Police
City Of Elgin
150 Dexter Court
Elgin, Ill.
60120
Dear Sir:
We have had a resident police officer, Mr. Jeff Swoboda living at 313 Kathleen
Drive, Elgin, Apt #3, since Sept. 1993.
I am very pleased to tell you that he has been very effective in the determent
of crime in our neighborhood. You no doubt have Jeff's records and know the
good work being done in the Mulberry neighborhood. Our neighborhood has been
completely turned around and is now very safe.
We are however stuck with a bad image throughout other areas of the Elgin
Community, a result of the bad press by our local paper. I am wondering if
you could use your influence to get the Courier to print a story telling
the community of the good progress here and that it is a safe crime free
neighborhood. I believe they owe us some good press.
The City Of Elgin Pays Jeff's landlor Mr. Schrock $1100.00 a month rent towards
the apartment. TheWest Side Property Owners are also paying month $150.00.
Because of recent rent increase the property orners are now paying $170.00
monthly. Yr. Schrock tells us this is still $70.00 below market. Would you
please increase the City's contribution to $1150.00.
In reading today's paper I see that the Riverboat is contributing to the
City almost a million dollars monthly. I believe the City can well afford
a small increase for the landlord who has been subsidizing the balance.
Tour effort as Chief Of Police in our city in making the resident officer
program possible is to be commended. We as an organization wish to recognize
your foresight in making this possible. We feel it necessary to keep the
resident officer in our neighborhood on a permanent basis because of the
crimnal activity in Southeast and Southwest of our area.
•
Yours truly
Roe C. Sites
West Side Property Owners
President
1132 Hubbard Ave.
Elgin, I11.
60123
712--9592
ROBERT C. SITES •
L32 H'TBBARD AVE. •
ELGIN, ILL
60123
Below are a number of items that have helped our neighborhood to make the
Resident Officer Program Successful:
1. Organized Property Ownerd
2. Offering advice to newer rental owners.
3.Self help, by surveying the neighborhood for needed improvements, like
getting rid of junk cars.
•
L. Making a check of neighbohood properties for needed maintenance items
such as painting and landscape improvements.
5. Checking shrubs that need trimming or replacing.
6. Alerting our tenants to advise of criminal activity to our resident officer.
7. Mos landlords are using screening resourse for new tenants, probably
one of our most effective actions.
8. Having meetings of our group every few months.
No one persond can do it alone. It takes all parties to copperate with our
Resident Program
•