00-264 "esolution No. 00-264
RESOLUTION
AUTHORIZING EXECUTION OF AN APARTM: NT LEASE WITH
GRANT SCHROCK APARTMEN S
(313 Kathleen Drive)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Mana•er, be and is hereby
authorized and directed to execute an .,partment lease with
Grant Schrock Apartments for the premis=s commonly known as
313 Kathleen Drive, Apt . 3 , Elgin, Illinois, a copy of which
is attached hereto and made a part hereof sy reference .
s Ed Sc ock
Ed Schock Mayor
Presented: November 29, 2000
Adopted: November 29, 2000
Omnibus Vote : Yeas 6 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
GRANT SCHROCK APARTMENTS
1070 Larkin Avenue • Elgin, IL 60123
IF UNHEATED, CHECK HERE
(SEE PARAGRAPH 11)
APARTMENT LEASE
UNFURNISHED
DATE OF LEASE TERM OF LEASE MONTHLY RENT SECURITY DEPOSIT
Beginning Ending
October 23, 2000 12/01/00 11/30/01 _ .$660.00 $0.00
LESSEE LESSOR
City of Elgin Grant SchroCk Apartments
150 Dexter Court 1070 Larkin(Avenue
Elgin, IL 60120 Elgin, IL 60123
Lease Address: City of Elgin, 313 Kathleen Drive, Apt 3, Elgin Illinois 60123.
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)
Rent is due the first day of the every month. For every day after the sixth (6th) of every month that rent is not paid in full,
Lessee agrees to a $2.00 per day late charge until rent is paid in full.
If moving out before the lease ending date, security deposit is automatically forfeited.
LEASE COVENANTS AND AGREEMENTS
1. RENT. Lessee shall pay Lessor or Lessor's agent as rent for the Premises the sum statabove in the box designated"MONTHLY RENT",
monthly in advance,until termination of this lease,at the Lessor's address stated above o such other address as Lessor may designate in writing.
The first payment is due on or before December 1,2000,and subsequent payments on t e first day of each succeeding month.
2. SECURITY DEPOSIT. Lessee has deposited with Lessor the Security Deposit stated abpve 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 retumed t0 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 an of the estimated or actual cost of repainng same. If
Lessor utilizes his or her own labor to repair any damage caused by the Lessee,the L r may include the reasonable cost of his or her labor to
repair such damage. 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 by 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.
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 representatiois 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. MAINTENANCE OF PREMISES; Lessor shall maintain the premises in substantial corripliance with all applicable provisions of the Municipal Code
of the City of Elgin and the laws of the State of Illinois.
5. USE AND REPAIR. 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 wallspered,nor locks on doors installed or changed,without the
consent in writing of Lessor:Lessee will make all repairs required to the walls,ceilings, int,plastering plumbing work,pipes and fixturesbelonging to Premises,whenever damage or injury to the same shall have resulted from isuse or neglect;no furniture filed or to be filled wholly or
Partially with liquids shall be placed in the Premises without the consent in writing of L r,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,a d 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 qr indirectty,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 Buildingwithot the consent in writing of Lessor;there shall be
no lounging,sitting upon,or unnecessary tarrying in or upon the front steps,the sidewal ,railing,stairways,halls,landing or other public places of
the Building by Lessee, members of the family or other persons connected with the occu ncy of Premises;no provisions,milk,ice,marketing,
groceries,furniture,packages or merchandise shall be aken into the Premises through t e 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 heating apparatus,or with the lights,elncity,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 portion of the Building;use of any master television antenna
hookup shall be strictly in accordance with regulations of Lessor or Lessors agent;Les and those occupying under Lessee shall comply with and
conform to all reasonable rules and regulations that Lessor or Lessor's agent may make(or 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.
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6. ACCESS. Lessee grants Lessor free access to the Premises at all reasonable hours for the purpose of examining 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 B.rilding. Lessee also hereby grants permission to Lessor
to show,and to new rental applicants to inspect,the apartment at reasonable hours of the day,within thirty(30)days of the expiration of the term of
this lease. 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.
7. RIGHT TO RELET. If Lessee shall abandon or vacate the Premises,the same may be re-let by Lessor for such rent and upon such terms as
Lessor may see fit,subject to Illinois statute,and if a sufficient sum shall not thus be realized,after paying the expenses of such reletting and
collecting,to satisfy the rent hereby reserved, Lessee agrees to satisfy and pay all deficiercy.
8. "If the Lessee retains possession of the Premises or any part thereof after the term by lapse of time or otherwise,then such holding over shall
constitute the creation of a month-to-month tenancy upon the terms of this lease."
9. RESTRICTIONS ON USE. 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 sil s of any window of the building;no parrot,dog or other
animal shall be kept within or about the Premises;the front halls and stairways and the baok porches shall not be used for the storage of carriages,
furniture or other articles.
10. WATER AND HEAT. The provisions or subsection(a)only hereof shall be applicable and shall forma part of this lease unless this lease is made
on an unheated basis and that fact is so indicated on the first page of this lease,in which base the provisions of subsection(b) only thereof 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 fau is and fixtures provided by the Lessor therefor. Lessor
will also supply heat,by means of the heating system and fixtures provided by Lessor,in asonable amounts and at reasonable hours,when
necessary from October 1 to April 30,or otherwise as required by applicable municipal or inance.Lessor shall not be liable or responsible to Lessee
for failure to furnish water or heat when such failure shall result from causes beyond Le is control,nor during periods when the water and
heating systems in the Building or any portion thereof are under repair.
(b) Lessor will supply cold water to the premises for the use of Lessee at all faucets and fixtures provided therefor. Lessor shall not be liable or
responsible to Lessee for failure to furnish water when such failure shall result from causes beyond the Lessor's control,nor during periods when
the water system in the Building or any portion thereof is under repair. All water and heating of the Premises shall be at the sole expense of the
Lessee. Any equipment provided by the Lessee therefor shall comply with applicable municipal ordinances.
11. STORE ROOM. 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. DEFAULT BY LESSEE. If default be made in the payment of the above rent,or any part thereof,or in any of the covenants herein contained to be
kept by the Lessee,Lessor may at any time thereafter at his election declare said term ended and reenter the Premises or any part thereof,"as
provided under Illinois Law."
13, RIGHTS CUMULATIVE. The rights and remedies of Lessor under this lease are cumulaative. 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 othervOse provided by law,nor shall exercise nor use of any right
or remedy by Lessor waive any other right or remedy.
14. SUBORDINATION. This lease is subordinate to all mortgages which may now or hereafter affect the real property of which Premises form a part.
15. PLURALS;SUCCESSORS. The words"Lessor"and"Lessee"wherever herein occurring and used shall be constructed to mean"Lessors" la
"Lessees"in case more than one person constitutes either party to this lease;and all the venants 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.
16. SEVERABILITY. Wherever possible each provision of this lease shall be interpreted in Such a 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,I such provision shall be ineffective to the extent of such
prohibition or invalidity,without invalidating the remainder of such provision or the remainithg provisions of this lease.
17. "Venue"for the resolution of any disputes and the enforcement of any rights arising out of or in connection with this agreement shall be in the Circuit
Court of Kane County, Illinois."
WITNESS the hands and seals of the parties hereto,as of the Date of Lease Stated above.
LESS E: LESOR:
it'df-4-- . (seal) (seal)
(seal) (seal)
ASSIGNMENT BY LESSOR
On this , 20 , 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 , 20_
(seal)
(seal)
,,FQ
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, 0,
City of Elgin Agenda Item No.
mp _J
L 4
November 8, 2000 _ r •
I
fit ,
TO: Mayor and Members of the City Council N t4V-
E.;AFE Cr.D NANA UNIFTV
FROM: Joyce A. Parker, City Manager
SUBJECT: Rental Agreement with Grant Schrock Apartments for the
Mulberry Court/Country Knolls South Resident Officer
PURPOSE
The purpose of this memorandum is to prow de the Mayor and members
of the City Council with information to co sider renewing the lease
agreement with Grant Schrock Apartments for an apartment for a
Resident Officer.
BACKGROUND
rSince 1993 the Police Department has had a Resident Officer Program
in the Mulberry Court/Country Knolls SoUth neighborhood. Since
that time the Resident Officer has made his home and office in an
apartment located at 313 Kathleen #3 . This apartment has 2
bedrooms and rights to a garage space. Since 1996 the City has
been paying $630 . 00 per month for rent at that location. Beginning
December 1, 2000, the landlord, Grantj Schrock Apartments, is
raising the rent to $660 . 00 per month. The Police Department and
neighborhood group are satisfied with the location and believe that
continuing the program from that apartment is in line with the
mission of the program.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Mulberry Court/Country Knolls South neighborhood residents
DIPL/FINANCIAL IMPACT
A lease agreement provides for a m8nthly rent of $660 . 00 .
Sufficient funds were approved in the 2000 Budget plan, with
sufficient funds also being designated in the proposed budget for
2001 . The projected date to initiate tlhe rental is December 1,
2000 with the lease to run through November 30, 2001 . This
ew expenditure will be taken from account number 010-2308-731 . 43-03,
Building Rental .
( •
rRental Agreement for Grant Schrock Apartments
November 8, 2000
Page 2
ki\JVWLIEGAL IMPACT
None .
ALTERNATIVES
The City Council could reject the lease for the residence and
require the Police Department to look for another location.
RECOMMENDATION
It is recommended that the City Council ai thorize the City Manager
to enter into this lease with Grant Schr ck Apartments of Elgin.
Respectfully submitted,
4,
Jo #ce -/
. Parker
rCity Manager
r