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96-173 Resolution No. 96-173 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, and Dolonna Mecum, City Clerk, be and are 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: June 12 , 1996 Adopted: June 12, 1996 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 March 1 , 1996 March 1 , 1996 Month to $630 .00 $ 0.00 Month LESSEE LESSOR Name: City of Elgin, Illinois Name: Grant Schrock 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 . 0 • 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 tbereio, 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 "boardiug" 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. • s 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 beineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this lease. .6. 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: y(44'4 LESSOR: Grant Schl-ock investors Realty 1070 Larkin Avenue Elgin, Illinois 60123 LESSEE: CITY OF ELGIN, a municipal corporation By: I Richard B. Helwig City Manager Attest: M.Ler.,4-401'w- Dolonna Mecum, City Clerk Agenda Item No. May 15, 1996 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Leases For Resident Officer (ROPE) Locations in the Townhomes of the Mill and 313 Kathleen Drive PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider renewing two leases for Resident Officer locations . BACKGROUND The Resident Officer Program of Elgin (R.O. P.E . ) is a proactive community policing program which has been in effect in our City since 1991 . In the past five years, there have been many success stories involving the Program. It has made a positive change in each of the neighborhoods when it has operated, united the citizens , and has brought the officer and the residents closer together to work on crime prevention and quality of life issues that affect the community in which they live. The West Side Property Owners Association in the area of Mulberry and Kathleen Drive has been paying for part of the monthly rent for the ROPE Program. A recent letter from the Westside Property Owners indicated they felt the City was in better financial shape to take over the entire monthly pay- ment. The group has been paying $180 . 00 per month, with the City paying $450 .00 per month . The West Side Property Owners Association would like the City to begin paying the entire rental amount of $630 . 00 per month. The second ROPE location, with the need for a lease up-date, is at the Townhomes of the Mill . The management at that location will continue to pay the monthly rent for Resident /11 Officer Robert O'Quinn. Midland Property Management has allowed Officer O'Quinn to move into a larger townhouse locat- ed at 1211 Amanda Circle. Leases for Resident Officers May 15, 1996 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED 1` - Mr. Grant Schrock of 1070 Larkin Ave, Elgin, is the owner of the present ROPE location at 313 Kathleen Drive, Apartment #3, occupied by Officer Jeff Swoboda . The letter from the West Side Property Owners was sent by Mr. Robert Site and Mr. Wally Naaf . Midland Property Management is responsible for managing the Mill complex. FINANCIAL IMPACT The increased cost to the City for the 313 Kathleen Drive apartment is $180 . 00 per month, or $2, 160 . 00 per year. The increased rent at 313 Kathleen was anticipated during budget preparation and sufficient funds exist in account 010-2304-731 . 43-03 . LEGAL IMPACT None . ALTERNATIVES The City may choose to seek different housing for the Resi- dent officers . d'Imb RECOMMENDATION It is recommended that both leases be authorized as proposed. Respectfully submitted, LL - Charles A. Gruber Chief of Police Richard B. Helwig City Manager PM/jb )1111