02-390 Resolution No. 02-390
RESOLUTION
AUTHORIZING EXECUTION OF AN APARTMENT LEASE AGREEMENT
(313 Kathleen Drive)
BE IT RESOLVED BY THE CITY COUNCILOF THE CITY OF ELGIN,
ILLINOIS, that Olufemi Folarin, Interim pity Manager, be and is
hereby authorized and directed to execute a written apartment lease
agreement with Grant Schrock for the premises commonly known as
313 Kathleen Drive, Elgin, Illinois, a copy of which is attached
hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: December 18, 2002
Adopted: December 18, 2002
Omnibus Vote: Yeas : 7 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
November 4, 2002 01/0103 12/31/03 $735.80 $0.00
LESSEE LEASE ADDRESS LESSOR
City of Elgin Grant Schrock
151 Dexter Court 313 Kathleen, Apt 3 1O7OLarkinAvenue
Elgin, IL.60123 Elgin, IL 60123 Elgin IL 60123
In consideration of the mutual covenants and agreements hereisor 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 ( th) 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. T
If moving out before the lease ending date, security deposit is automatically forfeited.
A chargof$50.00 will be added to lessee's account when windows and d ors are found open during months in which
heat is being provided
CITY ORDINANCE SPECIFIES NO MORE THAN FOUR RESIDENTS IN THE APARTK4ENT, OR YOU WILL BE
EVICTED IMMEDIATELY. ALL RESIDENTS MUST BE LISTED ON RENTAL APPLICATION.
LEASE COVENANTS AND AGREMENTS
1. RENT. Lessee shall pay Lessor Lessor's gent as rent for the Preisthe tated above in the box designated"MONTHLY RENT',
monthly in advance,until termination of this ease,at the Lessor's addresssmteu above or such other address as Lessor may designate iwriting.
The first payment is due on or before January 1,2003, and subsequent payments on the first day of each succeeding month.
2. CONDITION OPREMISES;.REDELIVERY TO LESSOR. Lessee has examined and knows the condition of Premises and has received the
same in good order and repair except e by
Lessor or his agent prior to,or at the execution of this lease,that are not herein expr ssed or endorsed hereon;and upon the termination of this
lease in any way, Lessee will immediately yield up Premises to Lessor in as good co dition as when the same were entered upon by Lessee,
ordinary wear and tear only excepted,and shall then return all keys to Lessor. Less r shall be responsible and shall pay for and perform all
maintenance and repairs to the Premises except only when the damage to the Prem ses has resulted from the misuse or neglect of lessee.
3. LIMITATION OF LIABILITY. Except
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,
water-closet,or Waste-pipe.in,
upon or about the Building or Premises,
nor for damage snowice throughLessee
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 Buildingl,or of any owners or occupants of adjacentor contiguous
property.
4. USE;
occupied in whole or in part by any other person,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.
5. USE AND REPAIR. 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,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 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 light&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 B;uilding;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.
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 Building. 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 pe 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 ealized,after paying the expenses of such reletting and
collecting.to satisfy the rent hereby reserved.Lessee agrees to satisfy and pay all deficiency.
8. RESTRICTIONS ON USE. Lessee will not permit anything to be thrown out of the windows,or down the courts or light shafts in the Budding;
nothing shall be hung from the outside of the windows or placed on the outside window sills 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 tl)e back porches shall not be used for the storage of carriages,
furniture or other articles.
9. WATER AND HEAT. The provisions or subsection (a)onlyhereof shall be applicabl and shall form a part of this lease unless this lease is made
on an unheated basis and that fact is so indicated on the frst page of this lease, in w ich case 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(faucets and fixtures provided by the 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 byapplicable municipal ordinance.Lessor shall not be liable or responsible to Lessee
for failure to furnish water or heat when such failure shall result fom causes beyond(ILessor's control,nor during periods when the water and
heating systems in the Budding or any portion thereof are under repair. Provided,holwever,that such repair is not of any unreasonable duration and
does not constitute a constructive eviction or otherwise render the Premises uninhatpstable.
(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..
10. 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.
11. NO RENT DEDUCTION OF SET OFF. 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 rentlnor set off against any claim for rent in any action.
12. RENT AFTER NOTICE OR SUIT. 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 the payment of said rent shall not waive or affect
said notice,said suit,or said judgement.
13. RIGHTS CUMULATIVE. The rights and remedies of Lessor under this lease are cu ulative. 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 therwise provided by law, nor shall exercise nor use of any right
or remedy by Lessor waive any other right or remedy.
14. FIRE AND CASUALTY. In case the Premises shall be rendered untenantable during terms 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 Prerr ises 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. Provided, however,that Lessee shall not be liable for the payment of any rrent during any such time as the
Premises are untenantable.
15. SUBORDINATION. This lease is subordinate to all mortgages which may now or hereafter affect the real property of which Premises form a part.
16. PLURALS;SUCCESSORS. The words"Lessor"and"Lessee"wherever herein occurring and used shall be constructed 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.
17. 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,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.
18. COMPLIANCE WITH LAWS,STATUTES AND ORDINANCES. The parties to this ease 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 ordinance. To the extent the(provisions of suclaws,statutes or ordinances supersede the
terms of this lease,such provisions are hereby incorporated into the terms of this lase by this reference,and the parties to this lease agree to refer
to such provisions and to be bound thereby.
19.. Lead Warning Statement: Housing built before 1978 may contain lead based paint. Lead from paint,paint chips,and dust can pose
health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting
pre-1978 housing,Lessor must disclose the presence of known lead-based p int and/or lead-based paint hazards in the dwelling.
Lessees must also receive a federally approved pamphlet on lead poisoning prevention.
*LEAD-BASED PAINT DISCLOSURES*
1. Lessor has no knowledge of lead-based paint or of lead-based paint hazari1s in the housing.
2. Lessor has no reports or records pertaining to lead-based paint nor lead-based paint hazards in the housing.
WITNESS the hands and seals of the parties hereto,as of the Date of Lease stated above.
L ,SEE: LESSOR:
4111D41.--- _ ^ (seal) /{ (seal)
(seal) (seal)
OF E4
City of Elgin Agenda Item No. E
os,
-6-
November 29, 2002
N
E ccDMIMA UNITY
TO: Mayor and Members of the City Coilncil
FROM: Olufemi Folarin, Interim City Manager
SUBJECT: Rental Agreement with Grant Schrock Apartments for the
Mulberry Court/Country Knolls Soilth Resident Officer
PURPOSE
The purpose of this memorandum is to Provide the Mayor and
members of the City Council with information to consider
renewing the lease agreement with Grant Schrock Apartments for
an apartment for a Resident Officer.
rBACKGROUND
Since 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. From
1996 through November, 2000, the City pail $630 . 00 per month for
rent at that location. From December, 000, through 2001, the
rent has been $660 . 00 . Beginning January 1, 2002, the landlord,
Grant Schrock Apartments, raised the ren lt to $725. 00 per month
for 2002 . The proposed rent for 2003 is $735 . 00 per month. The
Police Department and neighborhood group are satisfied with the
location and believe that continuing he 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.
r Rental Agreement with Grant Schrock Apar ments
November 29, 2002
Page 2
41,EINANCIAL IMPACT
A lease agreement provides for a moithly rent of $735.00 .
Sufficient funds are included in the !proposed 2003 Budget to
fund this rental agreement. The lease p-riod is January 1, 2003
through December 31, 2003 . This expend ture will be taken from
account number 010-2308-731 .43-03, Buil.ing Rental . The 2003
proposed budget includes $102, 530 for rental purposes in
conjunction with the Resident Officer Pr.gram.
V\AbevLEGAL IMPACT
None.
ALTERNATIVES
1 . The City Council could reject the lease for the residence
and require the Police Departmen to look for another
location.
2 . The City Council could approve th- rental agreement with
Grant Schrock Apartments.
RECOMMENDATION
It is recommended that the City Council authorize the City
Manager to enter into this lease with irant Schrock Apartments
of Elgin.
Respectful y submitted,
(J-‹---A
Olufemi Fo arin
Interim Ci •y Manager
JL:sp
Attachment