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HomeMy WebLinkAbout97-141 Resolution No. 97-141 RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT ( 10-12 Douglas Avenue) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. 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 Grace Richard for the property commonly known as 10-12 Douglas Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: May 28, 1997 Adopted: May 28, 1997 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 28thday of May , 19 97 , by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City" ) , and Grace Richard _ (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 $12,898 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 Grace Richard , 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: Grace Richard Address : 12 Douglas Ave. City: Elgin_ State:_IL Zip Code: 60120 Telephone Number: 847-741-1291 Property Location: 10-12 Douglas Ave. 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: 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. OW Y 0 GI By: Ro 0. Malm In!eijim City Manager OWNER ATTEST: LA AaC-U� Dolonna Mecum, City Clerk OWNER OWNER OWNER JD4M0634 . 84/NCPFAC.ADE -5- FACADE IMPROVEMENT PROGRAM 10-12 Douglas Ave. Grace Richards, Owner DLA Project 9708 Demolition $3,500.00 Labor for Window Removal and Installation of New Windows $1,400.00 1 Dumpster-Rental $500.00 Lift Rental- Two Weeks $1,200.00 Glass and Transoms (1" Insulation,Non-glare) $3,200.00 Paint Entire Facade $5,600.00 Remove Existing Paint, Clean Building $2,500.00 Build Front Step for Residence $1,000.00 Tuckpoint $2,000.00 Canopy $2,500.00 Corridor on First Floor $1,600.00 General Conditions $2,500.00 Windows (4 @ $1,500.00 each) $6,000.00 Subtotal $33,500.00 Contingency 10% $3,350.00 A/E Fees 10% $3,350.00 Total Project Estimate $40,200.00 $1,000 of Contingency dedicated to welding and repairing of original cast iron storefront. 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Malm, Interim City Manager SUBJECT: Facade Project for 10-12 Douglas Avenue PURPOSE The purpose of this memorandum is to provide information to consider a Facade Improvement Program project for 10-12 Douglas Avenue. BACKGROUND The owner of the subject property, Grace Richard, wishes to participate in the Facade Improvement Program for the proper- ty located at 10-12 Douglas Avenue. Work to be accomplished will include storefront renovation, window replacement, brick cleaning, painting and signage, and tuckpointing. The first floor will continue to be used for commercial purposes . At the present time, an antiques and collectibles store occupies the first floor. The second floor will become a private residence (approved previously through a conditional use) . The architect contacted by the City to draw up the plans for the project is Dahlquist and Lutzow of Elgin, since the firm originally drew up the facade restoration drawings for the entire block. The architect has provided an approximate estimate of $3, 350. for services, including design, prepara- tion of construction documents, bidding and construction administration. Under the Facade Improvement Program, the City pays all architectural fees . The fee is not-to-exceed amount and will be billed on an actual time basis . As has been the case from the beginning of the program, architects have been selected from a pool of area profession- als identified as having a strong background in preservation projects and familiarity with the community. Those archi- tects are: Facade Improvement Project/10-12 Douglas Avenue April 16 , 1997 Page 2 Greg Berna, Elgin Burnidge Cassell Associates, Elgin Dahlquist & Lutzow, Elgin Dixon Associates, St. Charles Gilmore Architects, East Dundee Selection of the architects for individual projects has been, from that time when the City amended the program to provide for architectural services, rotated among the pool of archi- tects . In 1992 , Burnidge, Dahlquist and Dixon were approved to prepare drawings of blocks within the program area to establish a "vision" for the properties and to use for market- ing the program. When a project came in which was locatLad in that block, it was assigned to the firm which prepared the drawing. However, if a property owner expresses a preference for one of the architects , efforts are made to honor that request. It is necessary to incur some architectural expenses prior to City Council consideration of the program in order to deter- mine the scope of the project. The architect prepares a conceptual design and project cost estimate for review with the applicant. The applicant uses this information .to decide whether to continue with the project. Architects are asked to provide estimates of fees in the following categories : Design development, construction, bidding and negotiation and construction. The design development stage involves prepara- tion of conceptual drawings and cost estimates and normally does not exceed $2 , 000 for that service. The architect will provide estimates for the remainder of the work which is included in the project information to the City Council . The estimated project cost is $36, 850 . 00, 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 $12 ,898 . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Elgin Heritage Commission FINANCIAL IMPACT Approval of the comprehensive facade project for 10-12 Doug- las Avenue at the 35 percent level would equal approximately $12,898, plus architectural fees of $3, 350, for a total City participation of $16,248 . The total amount budgeted for the Facade Improvement Program in 1997 is $131,650 . Sufficient funds exist from the Downtown Redevelopment Fund, Account Number 350-0000-795 .78-99, Other Rehabilitation Grants ( $81,650) and the River Boat Fund - Account Number 275-0000-795 . 78-99 ( $50,000) to make this expenditure. Facade Improvement Project/10-12 Douglas Avenue April 16 , 1997 Page 3 LEGAL IMPACT None ALTERNATIVES 1 . Approve the request by Ms . Grace Richard for participa- tion in the Facade Improvement Program. 2 . Reject the request to proceed with the project. RECOMMENDATION It is recommended that the request to proceed with the Facade Improvement Project for 10-12 Douglas Avenue. Respectfully submitted, eborah K. ter, Director w Century Partnership F in I Bobby ichardson Rehabilitat 'on Specialist L. Sarosh Saher Historic Preservation S list ert alm Interim City Manager dkm/dkn FACADE IMPROVEMENT PROGRAM 10-12 Douglas Ave. Grace Richards, Owner DLA Project 9708 Demolition $3,500.00 Labor for Window Removal and Installation of New Windows $1,400.00 1 Dumpster-Rental $500.00 Lift Rental-Two Weeks $1,200.00 Glass and Transoms(1" Insulation;Non-glare) $3,200.00 Paint Entire Facade $5,600.00 Remove Existing Paint, Clean Building $2,500.00 Build Front Step for Residence $1,000.00 1 Tuckpoint $2,000.00 Canopy $2,500.00 Corridor on First Floor $1,600.00 General Conditions $2,500.00 Windows(4 @ $1,500.00 each) $6,000.00 Subtotal $33,500.00 Contingency 10% $3,350.00 A/E Fees 101/o $3,350.00 Total Project Estimate $40,200.00 $1,000 of Contingency dedicated to welding and repairing of original cast iron storefront. Prepared by Dahlquist and Lutzow Architects, Ltd. on April 8, 1997. Q❑ ® Ili,1 I I. II I IIIl I II r1II'�I1�1 II I III II i1l1!1i;l'l,i1'l1L. 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