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HomeMy WebLinkAbout99-211 Resolution No. 99-211 RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT (19 Douglas Avenue) 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 Patricia Keeney for the property commonly known as 19 Douglas Avenue, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: July 28, 1999 Adopted: July 28, 1999 Vote : Yeas 5 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk ?' Agenda Item No. City of Elgin July 14, 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Facade Project for 19 Douglas Avenue 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 19 Douglas Avenue. BACKGROUND The owner of the property, Patricia Keeney, wishes to participate in the Facade Improvement Program. In September of 1998, the City Council approved the property at 19- 21 Douglas Avenue for participation in the Facade Program. The property has the appearance as a single building with two storefronts. Mr. Andersen operates Andersen' s Wedding Service at 21 Douglas Avenue and Patricia Keeney operates Kenney' s Sporting Goods at 19 Douglas Avenue. Staff engaged a single architect to develop design alternatives for the building because of the unique physical layout of the property. The architect contacted by the City to draw up the plans for the project is Miniscalco Architects of St . Charles. The architect has provided an estimate of $2, 800 for services, including design, preparation of construction documents, bidding and construction administration for the project at 19-21 Douglas Avenue. 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 major work for 19 Douglas Avenue involves scraping, patching and painting the second floor area of the front facade. The second floor cornice will also be repaired and painted. The estimated project cost is $3 , 700, 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 $1, 295 . Two quotes were obtained for the proposed repair. Facade Project for 19 Douglas Avenue July 14, 1999 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Elgin Heritage Commission. FINANCIAL IMPACT Approval of the comprehensive facade project for 19 Douglas Avenue at the 35 percent level would equal approximately $1, 295, plus architectural fees of $1, 400, for a total City participation of $2 , 695 . The total amount budgeted for the Facade Improvement Program in 1999 is $40, 200 . Sufficient monies exist from the Downtown Redevelopment Fund, account number 350-0000-795 . 78-99, project number 179541 to fund this project . As of January 2, 1999, Keeney' s Sporting Goods, Inc. owes the City $7,492 . 10 in unpaid principal and interest payments resulting from the Douglas Avenue Streetscape Special Agreement project completed in 1982 . Keeney' s has been billed over the years but has not made any payments on the seven original installments totaling $3, 080 . 00 and the interest accumulated thereon of $4, 412 . 00 . A lien has been /�► filed on the property. LEGAL IMPACT None . ALTERNATIVES 1 . Approve the request by Patricia Keeney for participation 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 19 Douglas Avenue be approved. Res ctfully su`bmitt Joy A. Parker City Manager RHM:amp Attachment CITY OF ELGIN FACADE IMPROVEMENT PROGRAM AGREEMENT IS AGREEMENT is made and entered into this day of 1999, by and between the City of Elgin, Illinois, a munic pal corporation (hereinafter referred to as "City") , and Patr cia 31eeney, (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 35a of the total approved project costs, such costs not to exceed $1, 295 for facade improvements approved pursuant to the provisions of this Agreement based upon the proposal shown in Attachment "A" (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 Patricia Keeney, 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") . 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 . 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 event shall the amount paid to Owner exceed the amount specified in this Agreement- or in the contractor statement . 2 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 wark. 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 . 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 : Patricia Keeney Address : 19 Douglas Avenue City: Elgin State : IL Zip Code : 60120 Telephone Number: (847) 742-4880 Property Location: 19 Douglas Avenue Ownership Interest : Ow er Contact Person: Owner ' s Nape :, Address - City: State : IL p Code : Telep e 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 : 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first appearing above . OWNER CITY ELGIN BY: L-- Joy Parker, City Manager O N ATTEST: na Mecum, ity Clerk OWNER OWNER OWNER 5 . ,: ;.... r! ::;•,:;:•::`,:}::a <:c':p>' �..:GtG.a%v.''.�'• :';y:,,r }}r r r !N//�� .. ..... k O �q�/ /! ® IOR c, s P� A[ • . RE5 • `�83 �iFNG PAINTING • PAPER BANGING 31.465 'EE Sr- ELGIN, IL 60123 847 9 Date: Invoice Number: i BILL TO: WORKED PERFORMED AT: —�.--- . � / y x Phone: r. r DESCRIPTION OF WORK PERFORMED kkQQ" Sub Total Additional: ` ;f Materials: Accepted By: TOTAL. - Larry Oddo: ,? Thank You for your Business r X Sjt ti ll