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02-55 Resolution No. 02-55 RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT (313 Kathleen Driv=) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Ma ager, be and is hereby respectively authorized and directed to -xecute a written lease agreement with Grant Schrock for the pre ises commonly known as 313 Kathleen Drive, Apt . 3 , Elgin, Illin.is, a copy of which is attached hereto and made a part hereof by reference . s Ed Shock Ed Schoci , Mayor Presented: February 13 , 2002 Adopted: February 13, 2002 Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk GRANT SCHROCK APARTlyIENTS 1070 Larkin Avenue • Elgin, IL 60123 IF UNHEATED,CHECK HERE (SEE PARAGRAPH 11) APARTMENT LEAS UNFURNISHED DATE OF LEASE TERM OF LEASE MONTHLY RENT SECURITY DEPOSIT Beginning Ending 01/02/02 01/01/02' 12/31/02 $725.00 $0.00 LESSEE LEASE ADDRESS LESSOR City of Elgin • City of Elgin Grant Schrock 151 Dexter Court 313 Kathleen, Apt 3 1070 Larkii Avenue Elgin, IL 60120 Elgin, IL 60123 Elgin, IL 123 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. i 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 iri 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 II forfeited. A charge of$50.00 will be added to lessee's account when windows and dors are found open during months in which heat is being provided. CITY ORDINANCE SPECIFIES NO MORE THAN FOUR RESIDENTS IN THE APARTMENT, OR YOU WILL BE EVICTED IMMEDIATELY. ALL RESIDENTS MUST BE LISTED ON RENTAL APPLICATION. LEASE COVENANTS AND AGREEMENTS 1. RENT. Lessee shall payLessor or Lessors agent as rent for the Premises the sum stated above in the box designated"MONTHLY RENT', monthly in advance,unttermination of this lease,at the Lessor's address stated above or such other address as Lessor may designate in writing. The first payment is due on or before January 1,2002,and subsequent payments on the first day of each succeeding month. 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 essor 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 Lessor utilizes his or her own labor to repair any damage caused by the Lessee,the Lessor 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 be liable to Lessee for all of Lessors 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 a d knows the condition of Premises and has received the same in good order and repair except as herein otherwise specified,and no represent tors as to the condition or repair thereof have been made ty Lessor or his agent prior to,or at the execution of this lease,that are not herein expres ed 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. LIMITATION OF LIABILITY. Except as provided by Illinois statute, Lessor shall not be Iiaole 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 r f,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 I ted 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, r of any owners or occupants of adjacent or contiguous property. 5, USE;SUBLET ASSIGNMENT. 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 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 aw,of the Interest in loremises 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. USE AND REPAIR. Lessee will take good care of the apartment demised and the fixture 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,ceilin s,p int,plastering,plumbing work,pipes and fixtures belonging to Premises,whenever damage or injury to the same shall have resulted f om isuse 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 Less 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 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 orl 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 Buil ingg 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 byLessee,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 pr other exterior appurtenances;Lessee,and those occupying under Lessee shall not interfere with heating apparatus,or with the lights,eledtricity,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 Lessor's agent;Less a and those occupying under Lessee shall comply with and conform to all reasonable rules and regulations that Lessor or Lessor's agent'may make f r 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. 7. 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 theuilding. 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. 8. 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 deficiency. 9. HOLDING OVER. If the Lessee retains possession of the Premises or any part thereoffter 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 et the term serve written notice upon Lessee that such holding over constitutes either (a)renewal of this lease for one year,and from month tenancy,upon the terms of this lease except at double the monthly rental specified under Section 1,or(c)creation of a tenancy at sufferance,at a dental of forty dollars per day for the time the Lessee remains in possession. If no such written notice is served then a tenancy at sufferance with rental as stated at(c)shall have been created,and in such case if specific per diem rental shall not have been inserted herein at(c),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. 10. RESTRICTIONS ON USE. Lessee will not permit anything to be thrown out of the win ows,or dcv.n the courts or light shafts in the Building; nothing shall be hung from the outside of the windows or placed on the outside window ills 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 pack porches shall not be used for the storage of carriages, furniture or other articles. 11. WATER AND HEAT. The provisions or subsection(a)only hereof shall be applicable 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 first page of this lease,in which 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 fa cels and fixtures provided by the Lessor therefor. Lessor will also supply heat,by means of the heating system and fixtures provided by Lessor,i reasonable amounts and at reasonable hours,when necessary from October 1 to April 30,or otherwise as required byapplicable municipal rdinance.Lessor shall not be liable or responsible to Lessee for failure to furnish water or heat when such failure shall result fom causes beyond Le sor's 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 caases 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.(c)Lessor agrees to pay additional amounts for water during any month in which the water used is more than the monthly average. 12. 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 obLga:ions of this lease. 13. DEFAULT BY LESSEE. If default be made in the payment of the above rent,or any pert thereof,cr 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,with or (to the extent permitted by law)without notice or process of law,and remove Lessee orlany persons occupying the same,without prejudice to any remedies which might otherwise be used for arrears of rent,and Lessor shall have at all times the right to distrain for rent due,and shall have a valid and first lien upon allersonal property which Lessee now owns,or may hereafter acquire or have en interest in,which is by law subject to such distraint,as security for payment of me rent herein reserved. 14. NO RENT DEDUCTION OF SET OFF. Lessee's covenant to pay rent is and shall be ndepender cf 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. 15. 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. 16. PAYMENT OF COSTS. Except as provided by Illinois law, Lessee will pay and discharge all reasonable costs,attorney's fees and expenocs that shall be made and incurred by_essor in enforcing the covenants and agreements of this lease 17. RIGHTS CUMULATIVE. The rights and remedies of Lessor under this lease are cumulative. Tne 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 prcr:ded by law,nor shall exercise nor use of any right or remedy by Lessor waive any other right or remedy. 18. FIRE AND CASUALTY. In case the Premises shall be rendered untenantable durinterms of th s 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,tnis lease shall remain in effect provided such repairs are completed within said time. If Lessor shall not have repaired Premides within sa o 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 scecifed rent shall be apportioned and paid to the day ofsuchfire or other casualty. 19. SUBORDINATION. This lease is subordinate to all mortgages which may now or hereafter affect the real property of which Premises form a part. 20. 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. 21. SEVERABILITY. Wherever possible each provision of this lease shall be Interprets 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 ofsuch prohibition or invalidity,without invalidating the remainder of such provision or the remaining provisions of this lease. . . --. 22. COMPLIANCE WITH LAWS,STATUTES AND ORDINANCES. 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 ordinance. 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. With respect to Premises located In the City Of Chicago,the parties agree to refer to,and to the extent provided above,be bound by the provisions of the City of Chicago Residential Landlord arid Tenant Ordinance,Chapter 193.1,Municipal Code of Chicago,as amended from time to time.A summary of such ordinance is attached to this lease. 24. Lead Warning Statement:Housing built before 1978 may contain lead based painti Lead from paint,paint chips,and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to y ung children and pregnant women. Before renting pre-1978 housing,Lessor must disclose the presence of known lead-based paint ndior lead-based paint hazards in the dwelling. *LEAD-BASED PAINT DISCLOSURES* 1. Lessor has no knowledge of lead-based paint or of lead-based paint hazards id 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, LESSEE: LESSOR: . X .. 07.----," ofiore (seal) .. _____` _,---.. . __:,.." (seal) (seal) (seal) . . • . , ' City of Elgin Agenda Item No. -4,,left IL- , E : '. ' -16' ; 1 January 18, 2002 L 46 V G 1 , TO: Mayor and Members of the City Council N - FROM: Joyce A. Parker, City Manager SAF E c(Dm Iv!t..;rs4 rry SUBJECT: Rental Agreement with Grant Schrock Apartments for the Mulberry Court/Country Knolls South Resident Officer PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to co9sider renewing the lease agreement with Grant Schrock Apartments for an apartment for a Resident Officer. BACKGROUND 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 paid $630 . 00 per month fok rent at that location. From December, 2000, through 2001, the rent has been $660 . Beginning January 1, 2002 , the landlord, Grant Schrock Apartments, and the Police Department renegotiated tie rent to $725 . 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 CONTAFTED Mulberry Court/Country Knolls South neigh orhood residents F CIAL IMPACT The proposed lease agreement requires a Monthly rent of $725 . 00 . Sufficient funds ($95, 530 . ) were approved in the 2002 Budget plan for ROPE related expenses . The leas period is January 1, 2002, through December 31, 2002 . This exenditure will be charged esik against the General Fund, account number 010-2308-731 .43-03 , Building Rental . Rental Agreement for Grant Schrock Apartmets January 11 , 2002 Page 2 LEGAL 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 au horize the City Manager to enter into this lease with Grant Schro k Apartments of Elgin. Respectfully submitted, 4...) JoyceNA. Pa -ker City Managei- JL/dr Attachment