95-130 Resolution No. 95-130
RESOLUTION
AUTHORIZING EXECUTION OF AN APARTMENT LEASE
( 161 Franklin)
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 Neighborhood Housing Services of Elgin, Inc. , for the
premises commonly known as 161 Franklin, Elgin, Illinois, a
copy of which is attached hereto and made a part hereof by
reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: June 14 , 1995
Adopted: June 14 , 1995
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
APARTMENT LEASE—uNFURNIsHEo
;For Use In Illinois) NO. L-17
GEORGE E.COLE• APRIL 1980 IF UNHEATED. CHECK HERE:
LEGAL FORMS CAUTION: Consult a lawyer before using or acting under this form. (SEE PARAGRAPH 11)
All warranties,Including merchantability and fitness,are excluded.
APARTMENT LEASE
UNFURNISHED
DATE OF LEASE TERM OF LEASE MONTHLY RENT SECURITY DEPOSIT•
BEGINNING ENDING
June 1 , 1995 ; Month-to-Month S610.00 N/A
• IF NONE, WRITE"NONE". Paragraph 2 of this Lease then INAPPLICABLE.
LESSEE LESSOR
NAM . City of Elgin, an Illinois NAME • Neighborhood Housing Services of
ANO, • municipal corporation Elgin, Inc.
BUSINESS •
161 Franklin ADDRESS 205 North Gifford Street
ADDRESS of • Elgin, Illinois 60120
PREMISES 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(if any)
HOLDING OVER: If the Lesee retains possession of the premises or any part thereof after
the termination of the term of this lease by lapse of time or otherwise, then, at Lessor's
option, such holding over shall constitute a renewal of this lease for one month, and from
month to month thereafter for the same rental specified under Section 1 for such period.
Lessor may terminate any such tenancy so created by 30 days notice in writing pursuant to
735 ILCS 5/9-207. Nothing herein shall waive Lessor's right to recover double the rent or
sum which would otherwise be due for Lessee's willfully holding over or holding over after
notice as provided in 735 ILCS 5/9-202 and 735 ILCS 5/9-203.
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 essee as :ep•sI •. I •S • IA •• ...•• • - •• • • • ovena Pr:`•
DEPOSIT agreemen essee hereunder.Lessor may apply all or any portion thereof in payment of any amounts . • •ssor from
Lessee, and upon • 's demand Lessee shall in such case during the term of the lease pro •• • •eposit with Lessor
such additional amounts as m.• •• be required to bring the Security Deposit up to •• • amount stated above. Upon
termination of the lease and full per • • • e of all matters and payment • . .mounts due by Lessee,so much of the
Security Deposit as remains unapplied shall be r- . ••d to Lesser eposit does not bear interest unless and except
as required by law.Where all or a portion of the Securit Ir.-•• is applied by Lessor as compensation for property dam-
age, Lessor when and as required by law sha • •'i.e to Lessee a ' ,..'zed statement of such damage and of the esti-
mated or actual cost of repairing sail.•. the building in which Premises ar• ' ._ed (the "Building") is sold or other-
wise transferred, Lessor m. . sfer or assign the Security Deposit to the purchaser o . feree of the Building,who
shall thereupon .- '. e to Lessee for all of Lessor's obligations hereunder, and Lessee shall .. •ereafter solely to
such pu •. -r or transferee for return of the Security Deposit and for other matters (including any intere • •ccount-
elating thereto
CONDITION 3. Lessee has examined and knows the condition of Premises and has received the same in good order and repair
OF except as herein otherwise specified, and no representations as to the condition or repair thereof have been made by
PREMISES; Lessor or his agent prior to,or at the execution of this lease,that are not herein expressed or endorsed hereon;and upon
REDELIVERY the termination of this lease in any way,Lessee will immediately yield up Premises to Lessor in as good condition as when
TO LESSOR the same were entered upon by Lessee,ordinary wear and tear 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
LIMITATION Premises in repair, and shall not be liable for any damage done or occasioned by or from plumbing,gas,water,steam or
OF other pipes,or sewerage,or the bursting,leaking or running of any cistern,tank,wash-stand,water-closet,or waste-pipe,
LIABILITY in, above,upon or about the Building or Premises,nor for damage occasioned by water,snow or ice being upon or com-
ing through the roof, skylight, trap-door or otherwise,nor for damages to Lessee or others 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 con-
tiguous property.
USE; . - ••will not allow Premises to be used for any purpose that will increase the rate of insu •. - -• ,nor
SUBLET; for any purpose other • . •• •'I.-fore specified, nor to be occupied in .• • - ' .art .y any other persons,
ASSIGNMENT and will not sublet the same,nor any part t er•. , - • •' . •,wit out in each case the written consent of the
Lessor first had, and will not perm' •• • • , .y operation o •• '. -rest in Premises acquired through
this lease,and ' •• =- 'remises to be used for any unlawful purpose or purpose t a ' '- • •• e•utation of
USE AND 6. Lessee will take good care of the apartment demised and the fixtures therein,and will commit and suffer no
REPAIR 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 direct-
ly or indirectly, in any newspaper or otherwise, nor shall any signs be exhibited on or at any windows or exterior por-
tions 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 others persons connected with the occupancy of Premises;no
• provisions, milk, 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 kit-
, chen 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 agent 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 and occupancy thereof.
-,r----------- - — — — —- — — — _ --
Amiss • 7. Lessee will allow Lessor free access to the Premises at all reasonable hours for the purpose of examining or ex-
the same or to make any needful repairs which Lessor may deem fit to make for the benefit of or related to any
'' ' ` :cpart,of'the Building;also Lessee will allow Lessor to have placed upon the Premises,at all times,notice of"For Sale"
piit�l,'"To gent,"and will not interfere with the same.
RIGHT TO . . . - •- ' ..•.•r or vacate the Premises,the same may be re-le • • - - . upon such
RELET :semis as Lessor may see fit;and if . : --m+ •• . - .. in. the expenses of such reletting
HOLDING - - - - - .. . - . - • - • •. ..
OVER lapse o • • •therwise, then the Lessor may at Lessor's option within thirty days after the term'. • • the term
serve written notice u• - that such holding over constitutes either (a) renewal of • or one year,and from
year to year thereafter,at double • . s•:cified under Section 1 f• •eriod, or (b) creation of a month to
month tenancy, upon the terms of this lease exc:• •• • • ant ly rental specified under Section 1,or(c)crea-
tion of a tenancy at sufferance,at a rental of • .rs per day for the time Lessee remains in posses-
, sion. If no such written notice is -• en a tenancy at sufferance with re ..ted at(c)shall have been created,
and in such case if s•.:• ' ' ••:r diem rental shall not have been inserted herein at(c),su •• •' m rental shall be one-
fifteentr • . : monthly rental specified under Section 1 of this lease. Lessee shall also pay to Less. - •-• a.es sus-
L, L...,. .....It;.al,1.."..../►..t;e..„t,.,,,..,,s..:.,,.-ler- a,s ce•
RESTRICTIONS • -10. Lessee will not permit anything to be thrown out of the windows, or down the courts or light shafts in the
ON USE . Building;nothing shall be ttung,fsom 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.
WATER AND 11. The provisions of subsection (a) only hereof shall be applicable and shall form a part of this lease unless this
HEAT lease js made on an unheated,basis and that fact is so indicated on the first page of this lease,in which case the provi-
sions of subsection(b)only hereof shall be applicable and form a part of this lease.
(a) Lessor will supply hot and cold water to the Premises for the use of Lessee at all faucets and fixtures provi-
ded by Lessor therefor. 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 heating
systems in the Building or any portion thereof are under repair.
�'-• • supp y co . wa er o e 'remises or e use o essee a a auce s an. . -.- • •
Lessor therefor. Lessors a •- - - • _ ..n i• • t• .-• for .i r• • • - r w en such failure shall re-
sultfrom causes beyond Lessor's control,nor duri • •:
Y '-� � • -r s stem in the Building or any portion there-
of isunder repair. All - •.. ' . . a eating of the Premises shall be a - • • • • • essee.Any equip-
STORE ROOM r' 12. Lessor shall not be liable for any loss or damage of or to any property placed in any store room or any stor-
apa.place in the Building;such store room or storage place being furnished gratuitously and not as part of the obliga•
• tion of this lease.
DEFAULT --make; au t •- ma.e in t e paymen o e a•.ve rent,or any part t ereo ,or in any o e co -• - In •
BY contained to be kep •• - •- Lessor may at any time thereafter at his election de • - . - ended and reenter
LESSEE - the Premises or any part thereof,wit o • •• - :nt permitted b - • - •r notice or process of law,and remove
Lessee or any persons occupying the same,without • _ - :r edies which might otherwise be used for arrears
of rent,and Lessor shall have at - • right to distrain for rent due, : • •: e a valid and first lien upon all
personal proper• • :ssee now owns, or may hereafter acquire or have an interest in,w ' - subject to
- ._.:.,.f. • - -M '. . I. is . • . . . - . . •.
NO RENT 14. Lessee's covenant to pay rent is and shall be independent of each and every other covenant of this lease.
DEDUCTION Lessee agrees that any claim by Lessee against Lessor shall not be deducted from rent nor set off against any claim for
OR SET OFF rent in any action.
RENT AFTER 15. It is further agreed, by the parties hereto,that after the service of notice or the commencement of a suit or
NOTICE OR SUIT after final judgment for possession of the Premises, Lessor may receive and collect any rent due,and the payment of said
rent shall not waive or affect said notice,said suit,or said judgment.
PAYMENT OF 16. Lessee will pay and discharge all reasonable costs,attorney's fees and expenses that shall be made and incur-
COSTS red by Lessor in enforcing the covenants and agreements of this lease.
RIGHTS 17. The rights and remedies of Lessor under this lease are cumulative. The exercise or use of any one or more
CUMULATIVE 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.
FIRE AND 18. In case the Premises shall be rendered untenantable during the term of this lease by fire or other casualty,
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 ter-
minated by reason of fire or casualty as herein specified, rent shall be apportioned and paid to the day of such fire or
other casualty.
SUBORDINATION '19. This lease is subordinate to all mortgages which may now or hereafter affect the real property of which Pre-
mises form a part.
PLURALS; 20. The words "Lessor" and "Lessee" wherever herein occurring and used shall be construed to mean"Lessors"
SUCCESSORS 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.
SEVERABILITY 21. 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 pro-
vision 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.
•
WITNESS the hands and seals of the parties heret- as of the Date of• ease stated above.
LESSEE: ; /,x•:
(seal) (seal)
j' `� "✓ (seal) . /..:e . -AA" �.L:.�� •
ASSIONME 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)
• GUARANTEE (seal)
On this , 19 ,in consideration of Ten Dollars($10.00)and other good and valuable considera-
tion.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 agrements of the above lease.
(seal)
(seal)
•
Agenda Item No.
May 15, 1995
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Lease for ROPE Site at 161 Franklin Boulevard
PURPOSE
The purpose of this memorandum is to provide information to
enter into a lease for a seventh resident officer program
site.
BACKGROUND
Elgin has renewed its commitment to the near northeast neigh-
elk boyhood through the program of work outlined in one of the
City' s four program strategies for 1995 . The revitalization
effort begins this year with the establishment of a new tar-
get area for Neighborhood Housing Services . The City Council
provided the jump start to the new target area with support
for a NHS headquarters at 300-302 Douglas Avenue, south of
the Salvation Army facility. In February, the City Council
took another step towards supporting the neighborhood by
agreeing to adding a resident officer, Tracy Kaminski , in the
800 block of North Spring Street.
The 1990 census area, closely paralleling the NHS new target
area of the near northeast, shows 5,687 residents . Only 57%
of the housing units are owner-occupied. The Police Depart-
ment has planned on adding a second resident officer to work
with Officer Kaminski , pending identification of a suitable
residence.
NHS acquired a residence at 161 Franklin in April for
$40,000 . Approximately $32,000 in rehabilitation work is now
underway by NHS. Upgrading this property would act as a
catalyst on a block where many opportunities exist for renew-
al . The additional ROPE site will anchor the southwestern
portion of the target area. Officer Jeff Schultz, a veteran
of the Police Department's gang unit, has volunteered to take
the ROPE assignment. Officer Schultz has visited the site
with NHS Executive Director Stuart Wasilowski to be briefed
on the rehab and to provide direction on security measures to
be installed during the rehab, now underway.
. •
Lease for ROPE Site at 161 Franklin
May 15, 1995
Page 2
rft COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Officer Kaminski appraised the Northeast Neighbors of the
scheduled additional ROPE officer.
FINANCIAL IMPACT
Costs associated with the additional inner-ring police pres-
ence will be charged to the Riverboat Fund
(275-0000-791-92 . 46 , Project 237001 ) . Total rent for six
months in 1995 will be $3 ,690 . Rent in 1996 totalling $7 , 380
will be budgeted.
LEGAL IMPACT
The lease document is in the process of being reviewed.
RECOMMENDATION
It is recommended that the City Council authorize entering
into a lease for 161 Franklin Boulevard for $615/month.
Respectfully submitted,
.
Jteic6JAIL4Lia:
Charles A Gruber
Chief of Police
Cla J. Pearson
Budget Officer
•
Richard B. Helwig
City Manager
amp
rft
....74.t.ti. .:__F.0,..:11:--, . . .7. :Ii.:-..--I' rE;";.
•MAI ELSON CT —4 --/i ego - -
);-.-- ' . - W
) /19‘ • ,li-----'---.-.k.e• '''' =47.
I X) CaN% -
cif • ......
k_lie,. . ' ‘\ •• ------
.•,---. ..
. •
-- c k •4.41": : ' •••••••
,'' • V*4 .. . ,"'. .:.. .::.. 4CC a tti 11 ....A. .:-:''" 1..44'.."-:-.414 . Itai c
PA ,,,f " . :-- ' ..:::: 11.1 I • -.4.1it.:i::. . :::i:..::.. .
1 '^ '"'
.. ..... 10 -
. .
45 Ir.:
;,,,,e," ir off A , MOIR• M 103 ' fl- . ..' . -
,% t a • .. ' ' - -' 10 VO.' .TM .R
# :.;:.. .:. 'a . . _ _ c3-300 • i ' ' .. .-- c_
: •• . . to . - - cn - c - 4:.: .V ---
3:0
‘
GROVE r--5.7
AV < i rn
.._
,.............. ti, •
V 'N
P.T.1 .
BR Ili a I , Ill c.z. • . . .4
' I l'.i ST
F
t 1111 t
1 •
1111 dial ill ;:2 Wil iill z AV
Ill ....4 ,•.1
11 , .....
• 1'.
•1, ..- - ••• --
WOMB i IN -• hood" •- ' --- - — ". • M Alai
. •
cn 1 —____ . . .
""ti TER 311E3 3154 , 0
Jk 7
4 ' ' . ' : Si
LJ ± P 1 (I I 1 i
a, PRy . PE I T 6IPx-:' 1 300E1 -.1;1';:k
*14-:.''. BLVD
i .CA I. M
z mi
0/ 11
01%4/ ST.1110 i ELT; ,:i. ic2, ix, 1 Ii____):._
s
rice
f- , • .;,.,:..I rNN PL czji, E-1 m
viiir•
• . di ' UG STA
,e.r .,
-ill LO AN ram I 400C. A
, [......-.--Tk
/ 21M J.
0 7C m
rTI br>„,, E> ip. [ CEDAR If it=
0
-, -,- (F.iiti iNr. f.
- 03:15 PM P02
From : ggZiOo
NHS
Memoraidum
To: Sgt. Robert Nelson
From: Stuart Wasilowaki
Date: April 27, 1995
Subject: Resident Officer • 161 Franklin
I want to thank you for meeting with me and visiting the above c'ptioncd property as a
possible site for the new Resident Officer. NHS has been and c ntinucs to support the
efforts of the ROPE program. We will do all that we can to mak the Officers feel safe and
welcome. We look forward to working with the Officers to bring about long lasting,positive
change in the neighborhood.
•
To be sure we arc working in the same direction with respect to t e rehabilitation of the
property, I have prepared a list of items that were discussed to a •modate the Resident
Officer's needs. Please review the list and make sure I did not mi s anything. If you have
any questions please contact me.
Exterior
Maximum height privacy fence on the south and west si•c of the property.
Four foot,picket style fence across the north side of the •roperty with gate
gate across the driveway
Interior
Washer/dryer hook-up in basement
• All exit doors to be steel doors with peep hole no windo% s(5)
Dining room window to be divided into two double hung windows
French doors to separate front(north)living room
First upper bedroom to eliminate door and add closet
Refinish hardwood in Master bedroom
Install shower stall only in upper bath •
Install alarm system •
flub' c C.Pearson