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HomeMy WebLinkAbout99-46 Resolution No. 99-46 RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT ( 12 N. 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 Juan Thorne for the property commonly known as 12 North State Street, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: February 10, 1999 Adopted: February 10, 1999 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 9'P-- day of f;eIbiwenn , 1919 , by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City" ) , and Juan Thorne, (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, Owner owns at least 501 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 $2 , 751 for facade improvements approved pursuant to the provisions of this Agreement (hereinafter referred to as "Eligible Costs" ) for the Structure referred to at Section 15 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 Juan Thorne, 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 . 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 2 Section 1 herein within thirty (30) days of owner' s compliance with the provisions of Section 4 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 . 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 3 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 5 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 . 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 : Juan Thorne Address : 12 North State Street City: Elgin State : IL Zip Code : 60123 Telephone Number: 741-0001 - I`fi-G223 Property Location: R Ownership Interest : 00 Contact Person: 6,tJ 4 Owner' s Name : 0 ) -A• T-t o(N E Address : IZ u . S;Anc- S;_ (_)PPE-t- city: State : IL Zip Code : (00123 Telephone Number: ( - '7'11—At-2-3 Property Location: fZ N . S7-4T%C- 17. 11 Ownership Interest : Owner: Io O 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 CIT O LGIN By J ce 61. Parker, City Manager OWNER ATTE T: � A�- Dolonna Mecum, City Clerk OWNER OWNER OWNER 5 EXHIBIT "A" WORK TO BE COMPLETED UNDER STATE STREET FACADE PROGRAM The project scope of work shall be limited to : 1 . Replacement of three second floor windows . 6 City of Elgin Agenda Item No. February 10, 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Request for Funding Under State Street Facade Improvement Program, 12 North State Street PURPOSE The purpose of this memorandum is to present to the Mayor and members of the City Council a request for funding a project at 12 North State Street under the State Street Facade Program. BACKGROUND The owner of 12 North State Street, Juan Thorne, has submitted an application for participation under the State Street Facade Program (attached) . The project proposed by Mr. Thorne /�► involves second floor window replacement . E COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED New Century Partnership and Downtown Neighborhood Association are familiar with the proposed project . 0 '�FINANCIAL IMPACT Approval of the proposed work would result in a rebate to Mr. Thorne of $2 , 751 . The total budget in the Facade Program is $120, 000, and all expenses would be charged to account number 275-0000-791 . 78-99 . To date, $19, 000 has been committed toward three State Street facade projects. Wro LEGAL IMPACT None . ALTERNATIVES 1) Approve the request from Mr. Thorne for $2, 751 to pay for costs associated with a project at 12 North State Street . 2) Reject the request to fund the facade project . Facade Improvement Program - 12 North State Street February 3 , 1999 Page 2 RECOMMENDATION It is recommended that the request for participation in the State Street Facade Program be approved and a rebate of $2, 751 be obligated for payment upon approved completion of the facade improvement . ectfully sub ted, L J ce Parker City Manager dw Attachment . Ct 3 I-�''6 ► n ' PAY � w STATE STREET BUILDING IMPROVEMENT PROGRAM APPLICATION FORM E 1 . Applicant JU.A(j A - I ffop4ie' (Name) _ Home Address Z /J STA re �T (Street) Q � t'L& tj �� (a LO (2 U P/-�! era. 7 Ll I--g Z�3 (City) (State) (Zip) (Phone) 2 . Building or establishment for which the rebate is sought: 1Z N STATe- Si ^ E-L6 1N IL (001L3 (Street Address) Applicant is : _Owner Tenant If tenant, what is term of lease? 3 . Facade to be improved: Front Side Rear 4 . Proposed use of program: Canopy/Awning Signage ✓/ Windows/Doors Exterior Lighting Painting/Tuck Restoration of Architectural Features Brick Cleaning Landscaping Other (please specify) 5 . Statement of Understanding. A. The applicant (undersigned) agrees to comply with the guidelines and' procedures of the State Street Building Improvement Program and the conceptual design and outline specifications as agreed to by the applicant and the application review team. B. The applicant understands that the applicant must submit detailed cost documentation, copies of building permits, bids, contracts and. invoices and contractor' s final waivers of lien upon completion of the approved improvements . Applicant Signature