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HomeMy WebLinkAbout98-300 Resolution No. 98-300 RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT ( 17-19 North State Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, 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 James Pace for the property commonly known as 17-19 North State Street, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: December 16 , 1998 Adopted: December 16, 1998 Omnibus Vote: Yeas 6 Nays 0 Attest: S/ Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN FACADE IMPROVEMENT PROGRAM AGREEMENT STATE STREET FACADE PROGRAM THIS AGREEMENT is made and entered into this day of C-, 19 q by and between the City of Elgin, Illinois, a un cipal corporation (hereinafter referred to as "City" ) , and JAMES PACE , (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, 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 $1.206 - 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" ) . The project shall be confined to approved improvements made to that part of the Structure fronting on State Street. All parties hereto agree that all payments from the City provided for herein shall be made to JAMES PACE. � , 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 . , 13vg i�QSs ��t r�S Section 3 . No Work shall �eurndertaken or shall be considered to constitute the asis for an Eligible Cost until the design for such Work s been submitted to and approved in writing by the Proje Review Team, consisting of the Director of the €ar , "IL fii±neis -gEefit _cape=_}__^, 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 . Citv 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. -2- 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. 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 witch 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. -3- - 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: JAMES PACE Address : _ . 2-1 5 WAT,TF.R CT City: ELGIN State: IL _Zip Code: - 60123 Telephone Number: _ (847)695-3590 Property Location: 17-19 N STATE ST Ownership Interest: 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., JAMES R PACE Address : 235 WALTER CT City: ELGIN State : IL Zip—Code : Telephone Number: (847)-TM-3590 Property Location: t7-19 N STATF ST Ownership Interest: PARTNER IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first appearing above. OWN _ � � CIT LOIN X By. J` c ' ar r City anager OWNER ATTEST: Dolonna Mecum, City Clerk OWNER OWNER OWNER STATEST. 698/NCPFAC.ADE -5- EXHIBIT "A" WORK TO BE COMPLETED UNDER STATE STREET FACADE PROGRAM The project scope of work shall be limited to: - Repair of north and west mansard - Painting (wood trim and brick) City of Elgin Agenda Item No. November 20, 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: State Street Facade Application 17-19 North State Street PURPOSE The purpose of this memorandum is to present a request from Mr. James Pace, owner of 17-19 North State Street, to partici- pate in the State Street Facade Improvement Program. BACKGROUND The Mayor and City Council approved the State Street Facade Improvement Program in 1996 and amended the program in May of 1998 . Property owners or business owners in the targeted area on State Street who make improvements under this program will receive a grant which will match their private investment dollar for dollar. Each eligible improvement will be funded by the program only once. However, the applicant may present the project in phases with completion scheduled within two years . Each phase shall involve facade improvements not included in any other phase of the project . Rebates may then be approved for each phase, with the total of public funds not to exceed $25, 000 . Applications submitted between May 26 and August 24 , 1998 were eligible to receive the first $3 , 000 of any approved project without the aforementioned matching payment requirement . Projects which complete approved improvements may receive a rebate for an amount equal to the cost of improvements up to a maximum of $3 , 000 . Approved improvements exceeding $3 , 000 receive an additional dollar-for-dollar match. The scope of work for the project includes painting and repairs of the mansard roof . The total project cost is estimated to be $3, 400 . Mr. Pace applied for participation in the program prior to August 24, 1998 and is eligible for the initial $3 , 000 grant, plus a dollar-for-dollar match for the remaining portion ($200/$200) . State Street Facade Application November 20, 1998 Page 2 Staff has met with all the applicants . The business owners are finalizing their improvement plans and soliciting esti- mates of the proposed repairs . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Downtown Neighborhood Association and New Century Partnership are aware of the various applications . FINANCIAL IMPACT There was $120, 000 budgeted for this program. To date, $3 , 000 has been spent . Therefore, adequate dollars are available in account number 275-0000-791 . 78-99, project number 079505, to cover the costs associated with this improvement . LEGAL IMPACT None . ALTERNATIVES 1 . Approve the request for $3 , 200 . 2 . Reject the request . RECOMMENDATION It is recommended that the request for participation in the State Street Facade Program be approved and a rebate of $3 , 200 be authorized. Respectfully submitted, A. Joyce A. Parker City Manager amp