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Home My WebLink About99-102 nl- C �(�� '�' �-�, Resolution No. 99-102 - U e,j RESOLUTION ING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT ( 168-172 East Chicago Street) BE IT REbuLJED 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 Marlene Shales for the property commonly known as 168-172 East Chicago Street, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: March 24 , 1999 Adopted: March 24 , 1999 Omnibus Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk t CITY OF ELGIN FACADE IMPROVEMENT PROGRAM AGREEMENT THIS AGREEMENT is made and entered into this day of 19_" by and between the City of Elgin, Illinois, a muni ipal corporation (hereinafter referred to as "City" ) , and Marlene Shales, (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 Area, 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 500 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 350 of the total approved project costs, such costs not to exceed $29, 889 . 11 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 herein5 (hereinafter referred to as "Structure" ) . 'jib r ¢ e t e g;cep#jR. —eij 86a4e &6:Fee4-,- All parties hereto agree that all payments from the City provided for herein shall be made to Marlene Shales, 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 the "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 photos and cost estimates 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 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 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 by 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 . 2 Section S . 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 . 3 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 authorized 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, 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 . 4 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 : Marlene Shales Address : 1910 Jamestown Lane City: Elgin State : IL Zip Code : 60123 Telephone Number: (847) 742-8904 Property Location: 168/172 E . Chicago St . Ownership Interest : Owner Contact Person: Owner' s Name : Address : City: State : IL Zip Code : Telephone Number: Property Location Ownership Interest : Owner : Owner' s Name : Address : City: State : IL Zip Code : Telephone Number: Property Location Ownership Interest : Tenant : Owner' s Name : Address : City: State : IL 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 0 ELGIN t �• By Joyce A. Parker, City Manager 5 OWNER ATTEST: Dolonna Mecum, City Clerk OWNER OWNER OWNER 6 GREG BERNA ARCHITECTS & DESIGN 221 DuPage Street Elgin,Illinois 60120 (847) 697-0260 Fedruary 8, 1999 Mr. Ray Moller Director, Business Services & Property- City of Elgin 150 Dexter Court Elgin, IL. 60120-5555 168-172 E. Chicago Street Scope of work: South Elevation/ 168-172 E. Chicago Street: 100% Power wash front of building Rework parapet all above roof Reroof at corners and rework parapet cap Repair top cornice and metal enclosure of wall Paint upper cornice and existing details with multi colors scheme. Remove dark metal siding above V4 floor storefront Remove front low masonry wall and replace with storefront panels (metal,wood, masonry) Replace storefront windows 100% to top of removed metal siding. 100% Caulk storefront windows Tuck point 5% of brick wall Replace three front doors and frames Replace awnings Replace ceiling as required for new storefront. Paint frames ,doors and trim Install lights and replace fixtures as required Provide new address and business signage East Elevation / 168-172 E Chicago Street: 100% Power wash building Replace two 2nd floor windows Rework parapet wall all above roof Reroof at corners and rework parapet cap Remove and replace gutter and downspout Caulk new doors and windows. Rework window supports for 1't floor a/c.units Replace brick 15% Tuck point 75% of brick wall Install lights and rework electrical as required Replace one I"floor window and paint all window panels and trim Replace two doors, frames and screen doors Repair steps as required and paint Y PROJ No. DATE: 02/07/99 98168 BERNA ARCHITECTS AND DESIGN Mrs. Marlene Shales 168-172 E.CHICAGO STREET FA(ADE PROGRAM 16 8-172 E.CHICAGO STREET FACADE EXTERIOR REMODEL ESTIMATE PROJECT COST ESTIMATE DIVISION 2-SITEWORK SITE IMPROVEMENTS PAVING AND SURFACING SITE UTILITIES SITE ELECTRICAL EXTERIOR LIGHTING 7 EA. $200.00 EA. $1,400.00 LOW INTENSITY,LOW LEVEL LANDSCAPING DIVISION 2A-SUBSTRUCTURE BUILDING SUB-STRUCTURE BULK BUILDING EXCAVATION 0 C.Y.1 $8.00 IC.y. $0.00 DISPOSAL OUMPSTERS OFFSITE 1 EA. $500.00 JEA. $500.00 DIVISION 3 -CONCRETE CONCRETE 5'HOUSEKEEPING PADS FOR FRONT STEP 100 S.F. $4.75 S.F. $475.00 REINFORCED CONCRETE CONCRETE FOR THICKENED SLABS 0 C.Y. $2.20 C.Y. $0.00 DIVISION 4-MASONRY TUCK PT. 2,000 S.F. $7.00 S.F. 514,000.00 CLEAN BRICKWORK 2,000 S.F. $2.25 IS.F. 1 $4,500.00 DIVISIONS-METALS STRUCTURAL STEEL DIVISION 6-WOOD 3 PLASTIC ROUGH CARPENTRY TEMPORARY PROTECTION 1,000 ADD $1.00 ADD $1,000.00 MISC.WOOD BLOCKING 1,000 ADD $1.00 ADD $1,000.00 FIXED WOOD RISERS •SMALL 18 EA. $40.00 EA. $720.00 MILLWORK DIVISION 7-THERMAL& MOISTURE PROTECTION WATER PROOFING BASEMENT WALL WATERPROOFING 0 S.F. $2.00 S.F. $0.00 INSULATION PERIMETER FOUND.WALL INSULATION 2"EX 0 S.F. $1.30 S.F. $0.00 FIREPROOFING SOUND INSULATION CAULK AND SEALANTS INTERIOR CAULK 1,000 ADD $1.00 ADD $1,000.00 EXTERIOR CAULK 1,000 ADD 51.00 JADD $1,000.00 Page 1 A - ROOFING BUILT UP ROOF SYSTEM 400 S.F. $10.00 S.F. $4,000.00 MECH.FASTENED w/FLASHING& ACCESSORIES ROOF EDGING ASSEMBLED COST 78 L.F. $14.00 L.F. $1,092.00 INCLUDES BLOCKING,ALUMINUM ROOF EDGE DIVISION 8-DOORS&WINDOWS EXTERIOR DOORS ASSEMBLED COSTS DOORS,FRAME AND HARDWARE INSTALLED SINGLE 5 EA. $1,200.00 EA. $6,000.00 •PAIR 0 EA. $2,400.00 EA- $0.00 OVERHEAD DOORS EXTERIOR GLAZING WINDOWS AT EXTERIOR 40 S.F. $40.00 IS.F. I $1,600.00 STOREFRONT AT EXTERIOR 560 S.F. $38.00 IS.F. I $21,280.00 DIVISION 9-FINISHES CARPET PAINTING EXPOSED SURFACES 432 S.F. $1.53 S.F. $660-� DOORS AND FRAMES 5 EA. $35.00 EA. 5175.00 ACOUSTIC CEILING TILE 2'X 4'BASE ACOUSTIC TILE SYSTEM (WI EXPOSED GRID SUSPENSION •LARGE ROOMS 288 S.F. $1.95 S.F. $561.60 SMALL ROOMS 0 S.F. $0.00 S.F. $0.00 ACOUSTIC CEILING SYSTEM 0 S.F. $0.00 S.F. $0.00 HARDISOFT PATTERN FOR MUSIC RMS. VINYL CLAD SCRUBABLE TILE iM KITCHENS 0 S.F. $0.00 S.F. $0.00 DIVISION 10-SPECIALITIES TOILET ACCESSORIES MISC. EXTERIOR SIGNAGE 3,000 ADD $1.00 ADD $3,000.00 DIVISION 11 -EQUIPMENT DIVISION 12-FURNISHINGS DIVISION 13 -SPECIAL CONSTRUCTION DIVISION 14-CONVEYING SYSTEMS CONVEYING SYSTEMS DEMO. 60 M.H. $70.00 M.H. $4,200.00 M,P S F.P. 0 S.F. $0.00 S.F. $0.00 ELEC. 250 S.F. $12.00 S.F. $3,000.00 SUfl-TOTAL= `�;:- ."I GENERAL CONDITIONS CONTINGENCY 0.1 $7,116.46 0 0 $0.00 0 0 $0.00 CONTRACTORS OVER H EAMPROFIT 0.1 $7,116.46 Tl TQTA =.; ��a< :.ry°=�1: <�ti,>:�.,.• ;,;'. • r �-_.• a��sria7 Page 2