HomeMy WebLinkAbout00-250 Resolution No. 00-250
RESOLUTION
AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT
PROGRAM AGREEMENT
(158-160 Symphony Way)
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 Peter Franko for the property commonly
known as 158-160 Symphony Way, a copy of which is attached
hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: November 15, 2000
Adopted: November 15, 2000
Omnibus Vote : Yeas 7 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AM
CITY OF ELGIN
FACADE IMPROVEMENT PROGRAM AGREEMENT
THIS AGREEMENT is made and entered into this /-f day of
2000, b and between the City of El
y y gin, Illinois, a
municipal corporation (hereinafter referred to as "City" ) , and Pete
Franco, (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 35% of
the total approved project costs, such costs not to exceed
$60, 295 . 00 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" ) . All parties hereto agree
that all payments from the City provided for herein shall be made
to Pete Franco, 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 .
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 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 .
3
Section 12 . To the fullest extent permitted by law, Owner
agrees to indemnify, defend and hold harmless the City, its
officers, employees, boards and commissions from and against any
and all claims, suits, judgements, costs, attorney' s fees, damages
or other relief arising out of or resulting from or through or
alleged to arise out of any reckless or negligent acts or omissions
of Owner' s officers, employees or agents in the performance of this
agreement . In the event of any action against the City, its
officers, employees, agents, boards or commissions covered by the
foregoing duty to indemnify, defend and hold harmless, such action
shall be defended by legal counsel of the City' s choosing.
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: Pete Franco
Address : 8N074 Falcon Trail
City: St . Charles State : IL Zip Code: 60175
Telephone Number: ( 630) 363-3430
Property Location: 160 Symphony Way
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
4
Owner' s Name :
Address :
City: State: IL Zip Code:
Telephone Number:
Property Location
Ownership Interest :
IN WITNESS WHEREOF, the parties hereto have executed this
A nt on the date first appearing above .
OWNER CITY O ELGIN
By:�,
Pete Franco Joyc arker, City Manager
OWNER ATTEST:
--(--GG6 n--
Dolonna Mecum, City Clerk
OWNER
OWNER
OWNER
6
PROJ No.99034 DATE 08/31/00
BERNA ARCHITECTS AND DESIGN
Pete Franko
160 NORTH STREET
EXTERIOR FACADE IMPROVEMENT
160 SYMMPHONY WAY
EXTERIOR FACADE PROGRAM ESTIMATE
PROJECT COST ESTIMATE
DIV. DESCRIPTION QUAN. I PRICE/UNIT PRICE
DIVISION 2-SITEWORK
SITE IMPROVEMENTS
SITE ELECTRICAL
PARKING LOT LIGHTING 0 EA. $4,000.00 EA. $0.00
DOUBLE LUMEN,250W,M.H.,30'H.
SIDEWALK-LIGHTING 3 EA. $500.00 EA. $1,500.00
(LOW INTENSITY,LOW LEVEL
DIVISION 3-CONCRETE
CONCRETE
CONCRETE COLUMN FOOTINGS ASSEMBLED 16 EA. $125.00 EA. $2,000.00
3'X3'X1'FOOTING REAR
CONCRETE FOOTINGS @REAR 100 L.F. $70.00 L.F. $7,000.00
ASSEMBLED COST
5"CONCRETE SLAB-S.O.G. 170 S.F. $4.50 S.F. $765.00
w/6X6 WWF REINFORCING
DIVISION 4-MASONRY
C.M.U.WALLS
12"BRICK WALL REPAIR AND TUCK PT. 3,000 S.F. $8.75 S.F. $26,250.00
CLEANING AND LOW POWER WASHING 7,000 S.F. 1 $2.75 S.F. $19,250.00
DIVISION 5-METALS
STRUCTURAL STEEL
STEEL LINTELS&SUPPORT ANGLES
STEEL LINTELS SINGLE @ 5-0"OPENING 3 EA. $35.00 EA. $105.00
STEEL LINTELS DOUBLE @ 9'-0"OPENING 2 EA. $50.00 EA. $100.00
RAILING AT BALCONIES&PLATFORMS 10 L.F. $200.00 L.F. $2,000.00
DIVISION 6-WOOD&PLASTIC
ROUGH CARPENTRY
TEMPORARY PROTECTION 2,000 ADD $1.00 ADD $2,000.00
MISC.WOOD BLOCKING&FRONT DOOR 2,000 ADD $1.00 ADD $2,000.00
FIXED WOOD STAIR&LANDING
ALL 3 FLOORS 1 EA. $8,000.00 EA. $8,000.00
DIVISION 7-THERMAL& MOISTURE PROTECTION
WATER PROOFING
CAULK AND SEALANTS
INTERIOR CAULK 1,000 ADD $1.00 ADD $1,000.00
EXTERIOR CAULK 2,000 ADD $1.00 ADD $2,000.00
ROOFING
BUILT UP ROOF SYSTEM 700 S.F. $10.00 S.F. $7,000.00
MECH.FASTENED w/FLASHING&
ACCESSORIES EDGE OF ROOF ONLY
ROOF EDGING ASSEMBLED COS 120 L.F. $14.00 L.F. $1,680.00
INCLUDES COPING,ALUMINUM ROOF EDGE4"HIGH
Page 1
DIVISION 8-DOORS&WINDOWS
EXTERIOR DOORS ASSEMBLED COSTS
DOORS,FRAME AND HARDWARE INSTALLED
-SINGLE 5 EA. $1,200.00 EA. $6,000.00
-FRONT DOOR/LIGHT 1 EA. $2,400.00 EA. $2,400.00
EXTERIOR GLAZING
WINDOWS AT EXTERIOR 1,000 S.F. $40.00 S.F. $40,000.00
BAY WINDOW AT EXTERIOR 200 S.F. $45.00 S.F. $9,000.00
ROUND TOP WINDOWS 60 S.F. $65.00 S.F. $3,900.00
DIVISION 9-FINISHES
PAINTING
GYP.BOARD WALLS w/wienscoat 300 S.F. $0.80 S.F. $240.00
EXPOSED STRUCTURE 200 S.F. $1.30 S.F. $260.00
DOORS AND FRAMES 6 EA. $35.00 EA. $210.00
DIVISION 10-SPECIALITIES
EXTERIOR SIGNAGE 3,000 EA. $1.00 EA. $3,000.00
FRONT DOOR RAILINGS 2 EA. $175.00 EA. $350.00
DIVISION 11 -EQUIPMENT
DIVISION 12-FURNISHINGS
DIVISION 13-SPECIAL CONSTRUCTION
DIVISION 14-CONVEYING SYSTEMS
CONVEYING SYSTEMS
CHAIR LIFT 3 STOPS N.I.C. 0 EA. $0.00 EA. $0.00
DEMO.DOOR OPENING 20 M.H. $70.00 M.H. $1,400.00
ELEC. 600 S.F. $12.00 S.F. $7,200.00
SUB-TOTAL $156,610.00
GENERAL CONDITIONS
CONTINGENCY 0.1 $15,661.00
TOTAL PROJECT COST -$nz,z7l.00
TOTAL $n2.z�l.00
City Fagade Program 35%= $60,294.85
Page 2
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City of Elgin Agenda Item No.
,1
ell
September 1, 2000
TO: Mayor and Member of the City Council ALIVE DOWNTOWN
FROM: Joyce A. Parker, City Manager
SUBJECT: Facade Project for 158/160 Symphony Way
PURPOSE
The purpose of this memorandum is to provide the Mayor and members
of the City Council with information to consider a facade
improvement project for 158/160 Symphony Way.
BACKGROUND
The owner of the property, Pete Franco, wishes to participate in
the Facade Improvement Program.
This turn-of-the-century building, located at 158/160 Symphony Way,
is a good example of the downtown hotel industry. The railroad and
major industry, such as the Borden plant, drew workers and sales
persons from all over the Midwest to Elgin' s downtown. Many hotels
were built at this time with restaurants and taverns for the
guests . This building has a unique front facade with 1/8" face
brick mortar joints and Chicago bay windows .
The architect contacted by the City to draw up the plans for the
project is Berna Architect of Elgin. The architect has provided an
estimate of $14, 800 for services, including design, preparation of
construction documents, bidding and construction administration.
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 is masonry tuck-pointing, brick cleaning, window
replacement, restoration of the rear porch and stairways .
The estimated project cost is $172, 271, 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 $60, 295 .
Facade Project at 158/160 Symphony Way
September 1, 2000
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Elgin Heritage Commission.
FINANCIAL IMPACT
Approval of the comprehensive facade project for 158/160 Symphony
Way at the 35 percent level would equal approximately $60, 295, plus
architectural fees of $14, 800, for a total City participation of
$75, 095 . The total amount budgeted for the Facade Improvement
Program in 2000 is $175, 943 (account numbers 350-0000-795 . 78-99 and
275-0000-791 . 78-03) . $161, 000 has been spent or encumbered.
With the approval of the 158/160 Symphony Way project, there will
be a shortfall in funding of approximately $50, 000 for center city
facade projects in 2000 . Currently, there are four facade projects
in the construction cost development stage and one project under
construction (Steffen at $60, 000) . Greater-than-anticipated
Riverboat Funds could be used to make up the difference.
LEGAL IMPACT
An agreement will be required.
ALTERNATIVES
1 . Approve the request by Pete Franco for participation in the
Facade Improvement Program.
2 . Reject the request to proceed with the project.
RECOMMNDATION
It is recommended that the request to proceed with the facade
improvement project for 158/160 Symphony Way be approved.
Respectfully submitted,/�2�
J �q •
ce Parker
�/�► City Manager
amp
Attachment
PROJ No.99034 DATE: 08/31/00
BERNA ARCHITECTS AND DESIGN
Pete Franko
160 NORTH STREET
EXTERIOR FArADE IMPROVEMENT
160 SYMMPHONY WAY
EXTERIOR FA DE PROGRAM ESTIMATE
PROJECT COST ESTIMATE
�. . ° ^� . ""`�`.-���IESCI�I�T�N•. =��;��: �.-:CYUAt�I::=� =`:PF21GE1113NIT. <. •., -:PRICE ..
DMSION 2-SITEWORK
SITE IMPROVEMENTS
SITE ELECTRICAL
PARKING LOT LIGHTING 0 EA. $4,000.00 EA. $0.00
DOUBLE LUMEN,250W,M.H.,30'H.
SIDEWALK LIGHTING 3 EA. $500.00 EA. $1,500.00
LOW INTENSITY,LOW LEVEL
DIVISION 3-CONCRETE
CONCRETE
CONCRETE COLUMN FOOTINGS ASSEMBLE 16 EA. $125.00 EA. $2,000.00
3'X3'X1'FOOTING REAR
CONCRETE FOOTINGS @REAR 100 L.F. $70.00 L.F. $7,000.00
ASSEMBLED COST
5"CONCRETE SLAB-S.O.G. 170 S.F. 1 $4.50 S.F. $765.00
(w/6X6 WWF REINFORCING
DIVISION 4-MASONRY
C.M.U.WALLS
12"BRICK WALL REPAIR AND TUCK PT. 3,000 S.F. $8.75 S.F. $26,250.00
CLEANING AND LOW POWER WASHING 7,000 S.F. $2.75 S.F. $19,250.00
DIVISION 5-METALS
STRUCTURAL STEEL
STEEL LINTELS&SUPPORT ANGLES
STEEL LINTELS SINGLE @ 6-0'OPENING 3 EA. $35.00 EA. $105.00
STEEL LINTELS(DOUBLE 9'-0"OPENING 2 EA. $50.00 EA. $100.00
RAILING AT BALCONIES&PLATFORMS 10 L.F. $200.00 L.F. $2,000.00
DIVISION 6-WOOD&PLASTIC
ROUGH CARPENTRY
TEMPORARY PROTECTION 2,000 ADD $1.00 ADD $2,000.00
MISC.WOOD BLOCKING&FRONT DOOR 2,000 ADD $1.00 ADD $2,000.00
FIXED WOOD STAIR&LANDING
ALL 3 FLOORS 1 EA. $8,000.00 EA. $8,000.00
DIVISION 7-THERMAL&MOISTURE PROTECTION
WATER PROOFING
CAULK AND SEALANTS
INTERIOR CAULK 1,000 ADD $1.00 ADD $1,000.00
EXTERIOR CAULK 2,000 ADD $1.00 ADD $2,000.00
ROOFING
BUILT UP ROOF SYSTEM 700 S.F. $10.00 S.F. $7,000.00
MECH.FASTENED w/FLASHING&
ACCESSORIES EDGE OF ROOF ONLY
ROOF EDGING ASSEMBLED COS 120 L.F. $14.00 L.F. $1,680.00
INCLUDES COPING,ALUMINUM ROOF EDGE4'HIGH
Page 1
DIVISION 8-DOORS&WINDOWS
EXTERIOR DOORS ASSEMBLED COSTS
DOORS,FRAME AND HARDWARE INSTALLED
-SINGLE 5 EA. $1,200.00 EA. $6,000.00
-FRONT DOOR/LIGHT 1 EA. $2,400.00 EA. $2,400.00
EXTERIOR GLAZING
WINDOWS AT EXTERIOR 1,000 S.F. $40.00 S.F. $40,000.00
BAY WINDOW AT EXTERIOR 200 S.F. $45.00 S.F. $9,000.00
ROUND TOP WINDOWS 60 S.F. $65.00 S.F. $3,900.00
DIVISION 9-FINISHES
PAINTING
GYP.BOARD WALLS w/wienscoat 300 S.F. $0.80 S.F. $240.00
EXPOSED STRUCTURE 200 S.F. $1.30 S.F. $260.00
DOORS AND FRAMES 6 EA. $35.00 EA. $210.00
DIVISION 10-SPECIALITIES
EXTERIOR SIGNAGE 3,000 EA. $1.00 EA. $3,000.00
FRONT DOOR RAILINGS 2 EA. $175.00 EA $350.00
DIVISION 11 -EQUIPMENT
DIVISION 12-FURNISHINGS
DIVISION 13-SPECIAL CONSTRUCTION
DIVISION 14-CONVEYING SYSTEMS
CONVEYING SYSTEMS
CHAIR LIFT 3 STOPS N.I.C. 0 EA. $0.00 EA. $0.00
DEMO.DOOR OPENING 20 M.H. $70.00 M.H. $1,400.00
ELEC. 600 S.F. $12.00 S.F. $7,200.00
SUB-TOTAL 3158-816.00'
GENERAL CONDITIONS
CONTINGENCY 0.1 $15,661.00
TOTAL PROiECfiCOST= $Yrsz .00`
TOTAL =37ist:oo
City Fa4ade Program 35%_ $60,294.85
Page 2
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