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HomeMy WebLinkAbout96-16 Resolution No. 96-16 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES (Home Improvement Fund) 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 authorized and directed to execute a purchase of service agreement on behalf of the City of Elgin with Neighborhood Housing Services to capitalize a Home Improvement Fund to buy, rehabilitate and redeuce the number of dwelling units in lawful nonconforming residential conversion properties located within the city limits, 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 Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk PURCHASE OF SERVICE AGREEMENT BETWEEN NEIGHBORHOOD HOUSING SERVICES OF ELGIN, INC. AND THE CITY OF ELGIN THIS AGREEMENT is made and entered into this f ` 7`eday of f6' ' . , 1996, by and between the City of Elgin, Illinois, a municipal corporation, (hereinafter referred to as "City" ) and Neighborhood Housing Services of Elgin, Inc. , an Illinois not-for-profit corporation (hereinafter referred to as "NHS" ) . WHEREAS, City has determined that it is in the best interests of City and its citizens to promote and facilitate the conversion of lawful nonconforming multifamily residential properties to single family use; and WHEREAS, NHS has successfully provided redevelopment services and administration in the Elgin, Illinois area and is familiar with and otherwise experienced in the historical, geographic and architectural attributes of the City of Elgin and surrounding area. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows : 1 . On or before February 28, 1996, City shall pay to NHS the sum of Three Hundred Thousand Dollars ($300,000 . 00) . 2 . NHS shall directly and solely utilize the aforementioned $300, 000 to capitalize a Home Improvement Fund (HIF) to buy, rehabilitate and reduce the number of dwelling units in lawful nonconforming residential conversion properties located within the corporate boundaries of the City of Elgin, Illinois, pursuant to the terms and conditions provided herein. 3 . NHS shall follow the following program objectives and guidelines : a. Focus on distressed properties; b. Encourage reconversion of properties into single-family residences; c. Allow the funds provided herein to be used in conjunction with other local funds such as the multi-family conversion program and the historic architectural rehabilitation grant; d. Use the city capitalization provided for herein to leverage additional bond and other private dollars; e. Select projects using reasonable objective criteria established by NHS; f. Insure that all work performed shall be in compliance with all applicable city codes and ordinances, specifically including, but not limited to, approved final inspections. 4 . NHS shall establish a separate fund for the funds provided for herein. The fund is to be accounted for separately in the annual NHS audit. NHS shall not borrow from such fund for operations or otherwise obligate the fund for purposes other than for project completion. 5. NHS shall hold harmless and indemnify City from and against any and all claims for damages, lawsuits, causes of action or any and all other liability which may arise out of or in connection with NHS ' negligent performance of the terms of this agreement, specifically including, but not limited to, failure to adhere to the provisions of this agreement. 6 . This agreement may be terminated by City upon fifteen ( 15) days written notice to NHS for any reason. 7 . NHS shall provide a detailed written report of all expenditures of funds made pursuant to this agreement to City after July 1, 1996 , and before July 15, 1996, which report shall include but not be limited to properties converted, amounts paid and selection criteria used. 8. The terms and provisions of this agreement shall be severable. In the event that any portion of this agreement is deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. 9 . This agreement shall be subject to and governed by the laws of the State of Illinois . 10. This agreement represents the entire agreement between the parties hereto. No other oral or written agreements currently exist which shall modify or supersede the terms of this agreement. CITY OF ELGIN NEIGHBORHOOD HOUSI ,SERVICES OF 141 N, ; NC. By Y Richard B. Helwig An• -1 ent al City Manager Board President Attest: ' i D onna Mecum, City Clerk -2-