96-30 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
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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