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HomeMy WebLinkAbout97-128 Resolution No. 97-128 RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT ( 158 East Chicago Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert O. Malm, Interim 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 Big Brothers/Big Sisters of the Fox Valley for the property commonly known as 158 E . Chicago Street, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: May 14 , 1997 Adopted: May 14 , 1997 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dol.onna Mecum, City Clerk CITY OF ELGIN FACADE IMPROVEMENT PROGRAM AGREEMENT THIS AGREEMENT is made and entered into this 4 day of April , 19 97 , by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City" ) , and Big Brothers/Big Sisters of the Fox Valley, an Illinois not-for-profit corporation. (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 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 to 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 a sum not to exceed 35 per cent of the total approved project costs, such costs not to exceed $in,quo for facade improvements approved pursuant to the provisions of this agreement (hereinafter referred to as "Eligible Costs" ) for the structure referred to at Section 16 herein (hereinafter referred to as "Structure" ) . All parties hereto agree that all payments from the City provided for herein shall be made to Big Brothers/Big Sisters of the Fox Valley , 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 or other applicable terms of this Agreement, shall be made to conform to the Plans and other applicable terms of this agreement upon written notice of the existence of such non-conforming 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 -2- 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 this Agreement 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. -3- 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 or 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: Big Brothers/Big Sisters of the Fox Valley Address : 158 East Chicago St. City: Elgin_ State: IL Zip Code: 60120 Telephone Number: 847-888-3111 Property Location: 158 East Chicago St. Ownership Interest: Owner Owner' s Name: Address : City: State: Zip Code: Telephone Number: Property Location: Ownership Interest: Owner Owner' s Name: Address : City: Elgin State: IL_ Zip Code: Telephone Number: Property Location: Ownership Interest: tenant Owner' s Name: Address : City: State: Zip Code: Telephone Number: Property Location: Ownership Interest: -4- Owner' s Name: MgS e rox UaIlP H L Execa� l�ireC�z✓ Address : /S SE G C.4 City: �;n State: � Zip Code: 12-o Telephone-Number: - 311 Property Location: Ownership Interest: IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first appearing above . OWNER C Y G N By: Rob t 6. Malm Inte im City Manager OWNER ATTEST: Dolonna Mecum, City Clerk OWNER OWNER OWNER JD4M0634 . 84/NCPFAC.ADE -5- Agenda Item No. City of Elgin February 20, 1997 TO: Mayor and Members of the City Council FROM: Robert 0. Malm, Interim City Manager SUBJECT: Facade Project for 158 East Chicago Street 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 158 East Chicago Street. BACKGROUND The owners of the subject property, Big Brothers/Big Sisters of the Fox Valley, wish to participate in the Facade Improve- ment Program. Staff was contacted by the agency in 1996 with a request to reactivate the application and proceed with a facade project. Work to be accomplished will include storefront renovation, window replacement, brick cleaning, painting and signage. The architect contacted by the City to draw up the plans for the project is Burnidge Cassell Associates of Elgin. The architect has provided an approximate estimate of $9 , 600 for services, including design, preparation of construction documents, bidding and construction administration. Under the Facade Improvement Program, the City pays all architectural fees. The fee is a not-to-exceed amount and will be billed on an actual time basis . The estimated project cost is $30, 000, not including architectural services . Under the provisions of the Facade Improvement Program, the participants would be entitled to a rebate of 35 percent of the construction cost. The rebate, as calculated, would be approximately $10,500 . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Elgin Heritage Commission FINANCIAL IMPACT Approval of the comprehensive facade project for 158 East Chicago Street at the 35 percent level would equal approxi- mately $10,500, plus architectural fees of $9 , 600, for a total City participation of $20, 100 . The total amount WN ,o - as JL a