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HomeMy WebLinkAbout00-275 Resolution No. 00-275 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO FACADE IMPROVEMENT AGREEMENT BETWEEN CITY OF ELGIN AND FREDERICK J. STEFFEN 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 an amendment to the facade improvement agreement between City of Elgin and Frederick J. Steffen for facade improvements at 11-15 Douglas Avenue, Elgin, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: December 13 , 2000 Adopted: December 13 , 2000 Omnibus Vote : Yeas 6 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk 1 AMENDMENT TO FACADE IMPROVEMENT AGREEMENT BETWEEN CITY OF ELGIN AND FREDERICK J. STEFFEN THIS AMENDMENT is made and entered into this 61 day of 2000 , by and between the City of Elgin, Illinois, an Illinois municipal corporation (hereinafter referred to as "City" ) , and FREDERICK J. STEFFEN, (hereinafter referred to as "Owner" ) and hereby amend the prior agreement of December 18 , 1998 (hereinafter "Prior Agreement" ) . WHEREAS, the City and Owner entered into the Prior Agreement for Facade Improvement for the building located at 11-15 Douglas Avenue, Elgin, Illinois 60120 ; and WHEREAS, the Prior Agreement in Section 7 thereof provided for the payment of Fifty-Six Thousand Four Hundred Ninety-Seven Dollars and no/100ths ($56 , 497 . 00) to Owner upon completion of all work; and WHEREAS, the Owner has requested the City to release the payment of Fifty-Six Thousand Four Hundred Ninety-Seven Dollars and no/100ths ($56 , 497 . 00) before completion of all work so that he may pursue additional improvements on the subject building not specified in the Prior 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 : 1 . The Prior Agreement is hereby modified to the following extent only to-wit : The City shall release Fifty-Six Thousand Four Hundred Ninety-Seven and no/100ths ($56 , 497 . 00) to Owner upon execution of this Amendment . 2 . The remainder of the Prior Agreement is in full force and effect , and it is the intention of both parties hereto to comply fully with the remainder of the Prior Agreement . IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first appearing above . VFrederitcjj. t_jejf CITY OF ELGIN BY J ce . Parker City Manager ATTEST : lZ Dolonna Mecum-, ity Clerk -2- — City ty of Elgin Agenda Item No.g November 16, 2000 TO: Mayor and Members of the City Council ALIVE DOWNTOWN FROM: Joyce A. Parker, City Manager SUBJECT: Contract Amendment for Facade Improvement Program Agreement for 11-15 Douglas Avenue PURPOSE The purpose of this memorandum is to present to the Mayor and the members of the City Council a request from Frederick J. Steffen to amend the Facade Improvement Program Agreement for 11-15 Douglas Avenue. BACKGROUND On December 16, 1998, the City Council authorized an agreement with Frederick J. Steffen for his participation in the Facade Improvement Program. The estimated cost of the improvements to 11- 15 Douglas Avenue was $161, 420 . The approved level of funding to Mr. Steffen was $56, 497 . To date, a total of $256, 485 has been spent on the exterior of the building. Assuming all costs are eligible for funding under the facade program, Mr. Steffen would qualify for a reimbursement of $89, 769. 75 . The approved level of work included the following tasks : removal of veneer, masonry cleaning, repairs and staining, window repairs and replacement, doors, street-level window lighting, painting and hand rails . Masonry work, windows and general construction costs exceeded the original cost estimates once the artificial brick veneer was removed from the west elevation of the building. Mr. Steffen anticipates that the project will be completed by the end of this year. The cost of the remaining work is estimated to be an additional $50, 000 . Mr. Steffen is requesting that the existing contract be amended in order to allow for the payout of $56, 497 and staff be directed to review the remaining expenditures to determine eligibility for consideration under the facade program. Amendment to 11-15 Douglas Avenue November 16, 2000 Page 2 It should be noted that the current contract contains language that allows the building owners to amend its original application for further improvements if the initial exploratory demolition disclosed the need for additional work: "Section 4 . Notwithstanding anything to the contrary provided in this agreement, it is understood by the parties that the phase one project activities include exploratory demolition on the west elevation which may disclose required facade improvements in addition to the work contemplated in this agreement . In such an event it is understood that the owner may pursue an amended application to the City for further improvements to be included within the facade improvement program for the subject property and further participation by the City. Any such further participation by the City shall be at the sole and exclusive discretion of the City and shall require a written amendment to this agreement executed by the parties." COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The original agreement approving $56, 497 is encumbered in Fund 350- 0000-795. 78-99, project number 179546. The availability of future funds for this project is subject to adoption of the 2001 budget and previously approved projects that are awaiting funding. LEGAL IMPACT A contract amendment will need to be prepared. ALTERNATIVES 1 . Authorize the contract amendment and review the unfunded construction work for additional funding eligibility. 2 . Deny the request for partial payment and apply the existing contract . Amendment to 11-15 Douglas Avenue November 16, 2000 Page 3 RECOMMENDATION It is recommended that the City Council approve the proposed contract amendment, partial payout of $56, 497 and the review of additional work for eligibility under the Facade program. Respectfully submitted, g ce Parker City Manager RHM: sp