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HomeMy WebLinkAbout98-308 Resolution No. 98-308 RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT (8-10 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 Ed Dohring for the property commonly known as 8-10 North State Street, a copy of which is attached hereto and made a part hereof by reference. sl Kevin Kelly Kevin Kelly, Mayor Presented: December 16 , 1998 Adopted: December 16 , 1998 Omnibus Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN FACADE IMPROVEMENT PROGRAM AGREEMENT THIS AGREEMENT is made and entered into this 17th day of December, 1998 , by and between the City of Elgin,- i-L-Linois, a municipa corporation (hereinafter referred to as "City" ) , and Edward A. Dohring, (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 50a 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 $4 , 707—. 57--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" ) . T h e pro ec_ff 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 Edward A. Dohring, who shall provide the City with a full release upon receip . Section 2 . Eligible costs shall include labor, material and equipmen 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 . Section 3 . No Work shall be undertaken or shall be cons i ere o 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 City' s Director of Business Services and Properties, 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 Project Review Team. Section 4 . The Project Review Team shall be permitted access—to strU-cture 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 ncu red pursuant to the Work; and (3) reasonable proof of payment all costs incurred pursuant to the Work. Section 6 . City shall pay to Owner the sum provided for at Section herein within thirty (30) days of Owner ' s compliance with the provisions of Section 5 herein. In no event shall the amount paid to uwner exceed the amount specified in this agreement or in the contractor statement . Section 7 . In the event Owner fails to complete the Work in accor ance 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 -2- 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 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 pro i i e 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 w is wort 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 for undertake the work. Further, such owner (s) of the property 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 here—ay--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 fron 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 par nership, joint venture or employment relationship between the parties hereto . -3- Section 14 . This agreement shall be subject to and governed y e 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 severa e . n e 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 : Edward A. Dohring Address : 706 Rose a e Road City: Glenview_ a e : 1p Code : 60025_ Telephone 1VumTer: (847T-724-2188 Property Location: 8-IU Nort=fate Street Ownership Interest :Owner Contact Person: 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- IN WITNESS WHERECF, the parties hereto have executed this agrasmcr.t on the date first appearing above . GtiNER CITy r ELGIN Joy rice r City Manager priPv'ER A.-TEST : Jo'_cnna Mecam� - City C'-er. OS,,-NFR OWNRR FAClMP. DC /CGWMZMQ. 98/DEC2 -5- EXHIBIT "A" WORK TO BE COMPLETED UNDER STATE STREET FACADE PROGRAM The project scope of work shall be limited to: Second story window replacement -6- Agenda Item No. City of Elgin November 20, 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: State Street Facade Program - 8-10 North State Street PURPOSE The purpose of this memorandum is to present a request from Mr. Ed Dohring, owner of 8-10 North State Street, to partici- pate in the amended State Street Facade Improvement Program. BACKGROUND In October, 1996 , Mr. Dohring submitted an application to the State Street Facade Program for upgrades to the windows and P for the property located at 8-10 North State Street .he On November 24 , 1997 , City staff f informed Mr. Dohring t that project would be eligible for a rebate of $3 , 209 . 50 on a p 7 costing $6 , 419 . 00 . The construction, shipment and installa- tion of Mr. Dohring ' s windows was delayed until the summer of 1998 . In May of 1998 , the Mayor and City Council authorized an amendment to the State Street Facade Program. The amendment P for a grant of $3 , 000 and an equal sharing of costs between the City and the property owner up to an amount of $25, 000 . Mr. Dohring inquired about the possibility of transferring his application for facade assistance to the amended program. The guidelines for the revised State Street Facade Program clearly state that in order to be eligible for the $3 , 000 grant payment, an application must be submitted between May 26 and August 24 , 1998 . Mr. Dohring did not submit a revised application. The City' s Legal Department has advised that a program amendment would be necessary in order for previously submitted applications to be eligible for the $3 , 000 benefit . Due to the fact that Mr. Dohring had verbally expressed interest in participating in the amended facade program, staff is requesting that the Mayor and City Council authorize a reimbursement to Mr. Dohring for the window improvement to his -- property at 8-10 North State Street in the amount t of $4 , 709 . 50 , which represents a rebate of $S (500 of the remaining $3 , 419 . 00) . State Street Facade Improvement Program November 20 , 1998 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . FINANCIAL IMPACT There was $120, 000 budgeted for this program. To date, $3 , 000 has been spent . Therefore, adequatfu number 0 in available to account number 275-0000-791 . 78-99, project cover the costs associated with this improvement . LEGAL IMPACT None . ALTERNATIVES 1) Authorize payment of the original reimbursement amount of $3 , 209 . 50 . 2) . Authorize payment of the amended reimbursement amount of $4 , 709 . 50 . RECOMMENDATION It is recommended that a payment in the amount of $4 , 709 . 50 be authorized for improvements to 8-10 North State Street . Respectfully submitted, ),t,ca— A. 1' /E55 Joyce A. Parker City Manager amp