Loading...
HomeMy WebLinkAbout96-217 Resolution No. 96-217 RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT ( 32-36 and 38 South Grove Avenue) 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 facade improvement program agreement on behalf of the City of Elgin with Promac, Inc . for the property commonly known as 32-26 and 38 South Grove Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: July 10 , 1996 Adopted: July 10 , 1996 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN FACADE IMPROVEMENT PROGRAM AGREEMENT THIS AGREEMENT is made and entered into this o day of June, 1996, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City" ) , and PROMAC, Inc. (hereinafter referred to as "Owner" ) . WHEREAS, City has established a facade improvement program (hereinafter referred to as "Program" ) for application within certain areas of the corporate limits of City designated by City as appropriate for such application (hereinafter referred to as "Rehabilitation Areas" ) ; and WHEREAS, Program is administered and funded solely by City for purposes of the control and prevention of blight, dilapidation and deterioration of Rehabilitation Areas; and WHEREAS, pursuant to Program, City has undertaken to share the cost of facade improvements to certain structures within Rehabilitation Areas, pursuant to the criteria set forth herein; and WHEREAS, City has retained or shall retain the services of an architectural consultant (hereinafter referred to as "Consultant" ) to provide participants in Program with certain conceptual design work regarding proposed improvements, including, but not necessarily limited to, a color rendering of draft improvement designs and an outline of work specifications at no cost of Program participants; and WHEREAS, Owner owns at least 50% of a commercial building(s) , or is the tenant of a commercial building(s) located within a Rehabilitation Area, and Owner desires to participate in Program pursuant to the terms and provisions of this agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows : Section 1 . City shall pay to Owner the sum equal to thirty-five (35%) of the total p oject costs, such costs not to exceed v , for facade improvements approved pursu nt to the provisions of this agreement (hereinafter referred to as "Eligible Costs" ) for the structure(s) referred to as Section 16 herein (hereinafter referred to as "Structure" ) . The project shall be confined to approved improvements made to that part of the Structure fronting on Douglas Avenue. All parties hereto agree that all payments from the City provided herein shall be made to PROMAC. Inc. who shall provide the City with a full release upon receipt. Section 2 . Eligible costs shall include labor, material and equipment costs, and such other costs as may be reasonably necessary for the execution and completion of the facade improvement hereby provided for (hereinafter referred to as "Work" ) as designated from the design drawings and specifications approved by the Project review Team pursuant to the provisions of Section 3 herein and prepared by Consultant (hereinafter referred to as "Plans" ) , which design Plans are attached hereto and made a part hereof as Attachment "A" . Section 3 . No Work shall be undertaken or shall be considered to constitute the basis for an Eligible Cost until the design for such Work has been submitted to and approved in writing by the Project Review Team, consisting of the Director of the New Century Partnership for Elgin, an Illinois not-for-profit corporation, City' s Historic Preservation Specialist, and City' s Rehabilitation Specialist. Such design shall include, but not be limited to, a date certain by which the Work shall be completed. In no event shall such work be completed more than one hundred eighty ( 180) days from the date of this agreement, without the written consent of the Application Review Team. Section 4 . The Project Review Team shall be permitted access to Structure to periodically review the progress of the Work. Such review shall not be in lieu of any other inspections which may otherwise be required by law or by City. Any and all portions of the Work which do not, in the sole discretion of the Project Review Team, conform to the Plans and other applicable terms of this agreement upon written notice of the existence of such nonconforming portions . Section 5 . Upon completion of the Work, and upon final inspection and written approval by the Project Review Team and such other final inspections and approvals as may be required by law, Owner shall submit to City: ( 1) an executed, notarized itemized contractor statement reflecting the total cost of the Work and each portion thereof, including, but not limited to, the cost of labor (whether provided by any contractor or subcontractor) , materials and equipment; (2) copies of all bids, contracts and invoices submitted, executed or incurred pursuant to the Work; and ( 3) reasonable proof of payment of all costs incurred pursuant to the Work. Section 6 . City shall pay to Owner the sum provided for at Section 1 herein within thirty (30) days of Owner' s compliance with the provisions of Section 5 herein. In no event shall the amount paid to Owner exceed the amount specified in this agreement or in the contractor statement. Section 7 . In the event Owner fails to complete the Work in accordance with the terms of this Agreement, or otherwise breaches the terms of this Agreement, City may terminate this Agreement upon written notice of breach and termination to Owner, and any and all financial or other obligations on the part of City shall cease and become null and void. Section 8 . Upon completion of the Work, and for a period of five (5) years thereafter, Owner shall properly maintain the Work in its finished form, without alteration or change thereto, and shall not enter into any agreement, or take any other steps to alter, change or remove such Work, or to create or undertake any other work which may constitute a deviation from the Plans, without prior written approval from the Project Review Team in its sole discretion. Section 9 . Nothing herein is intended to limit, restrict or prohibit the Owner from undertaking any other work in or about the subject premises which is unrelated to the facade improvement provided for in this Agreement. Section 10 . This Agreement shall be binding upon City and its successors, and upon Owner, Owner' s successors and assigns for a period of five (5) years from and after the date of completion and approval of the work. Owner shall provide subsequent Owner(s) of structure with a copy of this Agreement. This Agreement shall run with the land underlying structure. Section 11 . If Owner does not own the underlying property for which work is being done, Owner warrants and represents to City that Owner has a lease at the location for which the work is proposed for a term of at least six ( 6) years . Owner further warrants and represents that he has received authorization from all owners of the property for which work is to be done to accept funds under this program and to undertake the work. Further, such owner(s) of the property for which work is to be done hereby acknowledges that he is aware of this Agreement and authorizes the work which is to be . made to the structure. Said owner(s) of the property for which improvements are to be made further acknowledge, that, as owner of the property, he is a party to this Agreement and is bound by the provisions of specifically, but not limited to, the provisions of Section 6 of this Agreement. Each "Owner" signature hereto hereby warrants and represents that there are no other entities having an ownership interest in the structure, which have not executed this agreement. Section 12 . Owner hereby holds harmless and indemnifies City from and against any and all causes of action, suits, claims for damages, and any and all other liability which may arise out of or in connection with Owner' s or Owner' s agents, employees and assigns ' negligent performance of any of the terms of this Agreement. Section 13 . This agreement shall not be construed to create a partnership, joint venture or employment relationship between the parties hereto. Section 14 . This agreement shall be subject to and governed by the laws of the State of Illinois . The parties hereto hereby agree that venue for any and all actions which may be brought by each and either of them to enforce the provisions of this agreement shall be in Kane County, Illinois . Section 15. The terms of this Agreement shall be severable. In the event that any of the terms of provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. Section 16 . Owner' s Name: Vicki#( Trump vg,< Address : 129 Karyn Ct. Sleepy Hollow City: State: IL Zip Code 60118 Telephone Number: 695-8181 Property Location: 32 , 36-38 South Grove Ave. Ownership Interest: owner Owner' s Name: Michael Trump Address : 1294 Karyn Ct. Sleepy Hollow City: State: IL Zip Code: 60118 Telephone Number: 695-8181 Property Location: 32 , 36-38 South Grove Ave. Ownership Interest: owner vZ4, Owner' s Name: Elizabeth ErotQ,s-Rouzer Address : 14N917 Lac dtL Beatrice �c' City: W.Dundee State: IL Zip Code: 60118 Telephone Number: 695-8181 Property Location: 32 , 36-38 South Grove Ave. Ownership Interest: owner Owner's Name: James Rouzer Address : 14N917 Lac dEL Beatrice City: W.Dundee State: IL Zip Code: 6011g Telephone Number: 695-8181 Property Location: 32 , 36-38 South Trove Ave. Ownership Interest: owner Owner' s Name: Address : City: State: Zip Code: Telephone Number: Property Location: Ownership Interest: IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first appearing above. OWNER , CITY OF ELGIN By: Richard B. Helwig City Manager A OWNER ATTEST: J Dolonna Mecum, City Clerk OWNER I NE OWNE r • AEl Agenda Item No. --N June 21, 1996 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Facade Project for 32-36 and 38 South Grove Avenue PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a Facade Improvement Program project for 32-36 , and 38 South Grove Avenue. BACKGROUND The owners of the above properties, Jim and Elizabeth Rouzer and Michael and Vicki Trump, wish to participate in the Facade Improvement Program. The building is currently in the process of being rehabilitated on the interior for office space that will be occupied by PROMAC and the Elgin Area Chamber of Commerce. As part of the Facade Program, the existing deteriorated steel sash windows will be replaced on the front and rear elevations with compatible new aluminum energy efficient windows . In addition, two currently blocked up windows will be reopened and new operable window sashes installed. The exterior stone and concrete will be repaired and tuckpointed, where necessary, and cleaned. The front canopy that is currently deteriorated due to water damage will be repaired and new roofing and flashing will be installed to prevent further water damage. The architect contracted by the City to draw up plans for the project is Rick Gilmore of Gilmore Architects in Dundee, Illinois . The architect has provided an approximate estimate on the cost of replacing the windows on the building, together with an approximate estimate of the total cost of the project. The estimated total project cost is $77,233 . Under the provisions of the Facade Improvement Program, the participants would be entitled to a rebate of 35 percent of the total project cost. The rebate, as calculated, would be approximately $27 , 032 . COMMUNITY GROUPS/INTERESTED PARTIES CONTACTED None. Facade Project for 32-36 abd 38 South Grove June 21, 1996 Page 2 FINANCIAL IMPACT Approval of the comprehensive facade project for 32-36, and 38 South Grove Avenue at the 35 percent level would total approximately $27,032 . The total amount budgeted for the Facade Improvement Program is $150, 000 ( $50, 000 from the Downtown Redevelopment Fund and $100,000 from the Riverboat Fund - Fund 275) . Sufficient funds exist from both funds for the project. LEGAL IMPACT None. ALTERNATIVES 1 . Consideration of the request to proceed with the replacement of the windows on the building as part of the comprehensive project to rehabilitate the exterior facades of the building contingent upon the submission of a complete set of drawings and a detailed itemized cost estimate of the work. 2 . Reject the request to proceed with the project . RECOMMENDATION It is recommended that the request to proceed with the replacement of the windows on the building as part of the comprehensive Facade Improvement Project for 32-36 , and 38 South Grove Avenue be approved. Respectfully submitted, Deborah K. Nier New Century Partnership for Elgin Bobb i hardson Rehabilitation Specialist /Sarosh Saher Historic Preservation Specialist Richard B. Helwig City Manager • Memorandum June 19 , 1996 TO: Richard B. Helwig, City Manager FROM: Deborah K. Nier, Director New Century Partnership for Elgin SUBJECT: Request from Promac, Inc. for Assistance on Facade On Thursday, June 13, representatives of Promac, Inc . , includ- ing Vickie Trump, Michael Trump and Elizabeth Erotas-Rouzer, met with City staff to discuss whether the City might provide assistance for facade improvements on the building which will house their business ( 38 South Grove Avenue) . Last week, an application was submitted for participation in the Facade Improvement Program. Among the items asked to be addressed are window replacement, repair of the front awning, and the addition of awnings to the rear of the building. The priori- ty item is replacement of second story windows . Promac is planning to occupy the building in July. The win- dow replacement desired would need to proceed as soon as possible since it is tied to interior improvements on the second floor. Therefore, it would be necessary for a deci- sion to be made on this request at the June 26 City Council meeting in order to meet their construction deadlines . Currently, the Facade Program is committed to two projects : 100 East Chicago Street - $60, 750 plus architectural fees 18-20 Douglas Avenue - $23,000 plus architectural fees Another applicant, John Haight, is in line on projects on his properties at 166 North Street, 231 Douglas Avenue and 165 Kimball Street. Staff asked architect Rick Gilmore to submit a proposal for work on the Promac building. Mr. Gilmore has estimated $1, 640 for design work and project cost estimates . Project costs are now being developed by the architect. A 1�014 _1�' � I In Deborah K. Nier, Directo New Century Partnership for Elgin °J�C 4 P A&'""r%pNAI- y2,1o92 . dkm 1-40,�pNF7"kiE­fT C__A ��.TG•`� T�-F� ECOKO�.tC Fi4�Cr►�t � c`v�LA P►�.r N T 1 N C ��1 T�.�E S ACCt�V*1 T, .��teal • Uilnnr Anlit.rt. iI ) 1\Icict tilrcrl IhntJcc, Illirnw,00i IN I•nX M7-428-MI's h17.41t;-2455 June 19, 1996 Ms. Deborah Neir Director New Century Partnership for Elgin 31 S. Grove Street Elgin,IL 60120 RE: Promac Facade project Dear Deborah, Thank you for the opportunity to work on this project. Today, Sarosh Saher asked me to give you an estimate on the construction cost for this project based on the preliminary scope that was discussed at our meeting last week. Since this is such short notice, I have not been able to get any contractor prices and some items are not really covered in the Means estimating guide. Please take these estimates as very approximate. Replacement of existing steel sash in four story building with V insulating glass with tint or"low a", using narrow profile aluminum framing: 1225 sq. ft. G$15.00/s.f.=$18,375.00 Replacing with steel sash,to match (but with insulating glass): 1225 s.f. @$10.70/s.f. =$13,107.00 Cleaning masonry four story building: 2860 sq. ft. @$1.00/sf=$2860.00 two story building: 1060 sq.ft. @$1.00 = $1060.00 Mniore Repair damaged stone front facade: eight locations, plus staging,allowance= $1,000.00 Restoring windows to rear facade 2 windows @ $1500.00= $3,000.00 t Promac cost estimate I►Ht;c 2 Rear entry improvements: curb, bollards, awning, lights: allowance _ $6,000.0() Front canopy repair, roofing, flashing, cement plaster soffit restoration: 744 sq.ft. roofing, 93 l.f. flashing= $2500.00 Soflit repair allowance (patch & paint) $1500.00 Add drains or scupper and downspout and leader to storm sewer-cut and patch sidewalk & street. allowance = $4,000.00 Parapet repair/tuckpointing: allowance= $3,000.00 Bronze/brass plaque (sign) 30"x48" (c,$2.30/s.i. _ $3300.00 Contractor's markup $4659.00 04-i-nore Subtotal $64,361.00 miscellaneous and discovered items 20% =- $12,872.00 Total $77,233.00 Yours truly, Rick Gilmore, A.K.A. Architect