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HomeMy WebLinkAbout02-265 Resolution No. 02-265 RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT WITH JERRY L. GOLDSTEIN (107 E. Highland Avenue) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim 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 Jerry L. Golstein for the property commonly known as 107 E. Highland Avenue, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: July 10, 2002 Adopted: July 10, 2002 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk Y CITY OF ELGIN FACADE IMPROVEMENT PROGRAM AGREEMENT 107 E. HIGHLAND AVENUE THIS AGREEMENT is made and entered into this Nd day of :r-QLV , 2002, by and between the City of Elgin, Illinois, a municip&l corporation (hereinafter referred to as "City") , and Jerry L. Goldstein, the property owner, (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 Areas, pursuant to the criteria set forth herein; and WHEREAS, Owner owns at least 50% of subject commercial building (s) , or is the tenant of commercial buildings) located within one of these Rehabilitation Areas, with owner having provided the owner's consent and authority 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 . The total approved project costs for facade improvements for the structure referred to at Section 16 herein shall be $4, 355 . 00, as set forth in Attachment A attached hereto (such total approved project costs for facade improvements are hereinafter referred to as "Eligible Costs" and such structure is hereinafter referred to as the "Structure") . The City shall pay the Owner a sum not to exceed $1, 524 .25, being 35% of the total Eligible Costs, for facade improvements to the structure approved pursuant to the provisions of this Agreement . The project shall be confined to approved improvements made to that part of the Structure visible from any public right-of-way. All parties hereto agree that all payments from the City provided for herein shall be made to Jerry L. Goldstein, who shall provide the City with a full release upon receipt . 1 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 specifications approved by the Project Review Team pursuant to the provisions of Section 3 herein (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 Urban Design and Preservation Specialist and City's Principal Planner, and any other member designated on the Project Review Team. 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 Project 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 be 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, which ever is less . 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 2 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 . 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. 3 L 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 the Circuit Court of 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 : Jerry L. Goldstein Address : 928 Oakcrest Lane City: St . Charles, IL 60175 Telephone Number: (847) 888-8500 Property Location: 107 E. Highland Avenue Ownership Interest : property owner Contact Person: Jerry L. Goldstein, property owner IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first appearing above. As to CITY OF ELGIN As to OWNER: r r' By: �•.�,. By:_ Olufemi Fola ' Jerry L. ldstein Interim C' t a Prope wner ATTEST: Dolonna Mecum, City Clerk 4 h 1I_li'_bh2 13:":'i _jj'Eti34yb1 RICHTER _"WNING CO P:;GE 01 847/683-4900 Richter Arming Co., Inc. Fax 847/683-4901 P.O. Box 832 Hampshire, Il. 60140 147 Mill St. PROPOSAL `USTOMER JOB LOCATION Jame: J R Properties 25 N. Grove, Elgin Adress: 107 E. Highland Elgin, I1. 60120 hone: 888-8500 ittn: Jerry Goldstein Date: August 30. 2001 Not so he lone Provide and install 13 fabric awning recovers for existing rigid frame awnings.Upper and lower levels of corner building-Choice of acrylic fabric - $4,355.00. �dditiooal ork: d t It ti 'lit' .� ..L.�_ - $R"f c7Z 00— _ � ... _ •icvi�` W 1 VOTE - All material is quaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for the above work and completed in a workmanlike manner. Price does» include any city permit fees or charges. Total Price: Above Terms: 50% deposit, Balance upon completion. Respectfully Submitted, Richter Awning Co_, Inc. Note:This proposal may be withdrawn if not accepted within 30 days. ACCEPTANCE OF PROPOSAL Zoe ai,)ove prices, st.e-if�_-o^•s Pnd conditions are satisfactory and are. here-by accepre.d.Payment will be made ac outlined above. In the event the terms are not met as described. Richter Awning Co_ has the op-u:on Zo .- mc—i_ ^_:! hold the furnished goods until balance is paid_A reinstallation fee will be charged_Interest on late payment is 1 1/2%per month. Today's Date: Signed: • Agenda Item No. City of Elgin n E � . '"' io ; , 0 l June 21, 2002 TO: Mayor and Members of the City Council ALIVE DOWNTOWN FROM: Olufemi Folarin, Interim City Manager SUBJECT: Facade Project for 107 E. Highland Avenue Owned by Jerry L. Goldstein 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 the property located at 107 E. Highland Avenue. BACKGROUND The owner of the property, Jerry L. Goldstein, wishes to participate in the Facade Improvement Program. The property at 107 E. Highland Avenue, is located in downtown Elgin and was built at the turn of the last century. The property was one of the earliest recipients of Facade Improvement Funds, having participated in the program in 1991 . The property owner is currently requesting funding for replacement of the awnings. This work is eligible for funding since it was not a part of the project funded in 1991 . The Facade Improvement Program states that "Each eligible improvement will funded by the program only once. " The estimated project cost for the proposed work is $4, 355. 00 . The City' s participation at 35 percent would amount to $1, 524 .25 . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The funding for replacing the awnings at 107 E. Highland Avenue under account number 350-0000-795 . 78-99, Riverboat Rehabilitation Grant, project number 079819 is $1, 524 .25. The total budget in the Center City Facade Improvement Program is $130, 500 . 00. To date, $41, 378 . 00 has been encumbered in this account . There are sufficient funds in this account to fund the project. Facade - 107 E. Highland Avenue June 21, 2002 Page 2 WWIZ-L EGAL IMPACT n agreement between the City of Elgin and property owner at 107 E. Highland Avenue will be required. ALTERNATIVES 1 . Approve the Facade Improvement project proposed for 107 E. Highland Avenue in an amount of $1, 524 .25. 2 . Reject the Facade Improvement project proposed for 107 E. Highland Avenue. RECOMMENDATION It is recommended that the City Council approve the Facade Improvement project proposed for 107 E. Highland Avenue in the amount of $1, 524 .25 . Respectfully submitted, O emi F dr�ana n Interim Cit r SBS/sm Attachments t-)4760349e1 RICHTER AWNING CO PAIGE 01 847/683-4900 Riicliter Awning Co., Inc. Fax 847/683-4901 P.O. Box 832 Hampshire., U. 60140 147 Mill St. OPOSAL - C'r1tTnM�R JOB LOCATION Name: J R Properties 25 N. Grove, Elgin . Address: 107 E. Highland Elgin, I1. 60120 Phone: 888-8500 Ann: Jerry Goldstein Date: August 30, 2001 Work to be done: Provide and install 13 fabric awning recovers for existing rigid frame awnings.Upper and lower levels of comer building.Choice of acrylic fabric - $4,355.00. �ddirionai Work: ' Option # 2. - Take down all 13 awnings, bring back for storage, clean and _.r; '.1 ter. �_�id!^_g after painting. $1.672.00 NOTE - All material is quaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for the above work and completed in a workmanlike manner.Price does IIQS include any city permit fees or charges. Total Price: Above Terms: 50°x6 deposit, Balance upon completion. Respectfully Submitted, Richter Awning Co., Inc. Note:This proposal may be withdrawn if not accepted within 30 days. ACCEPTANCE OF PROPOSAL ,rile above pe.ces, st-e=fig`--'ons and cond"+rions are satisfactory and are hereby accepted.Payment will be made ac outlined above. In the event the terms are not met as described. Richter Awning Co.has the option:o.en a=a hold the furnished goods until balance is paid.A reinstallation fee will be charged.Interest on late payment is 1 1/2%per month. Today's Date: Signed: _ .44 • • Page No. of Pages NUYEN AWNING COMPANY, INC. _�' - 1 ,, �Z . RESIDENTIAL AND COMMERCIAL AWNINGS E� 850 RIDGEWAY AVE., SUITE C i :. F.-r'- `�4 •. AURORA, IL 60506 PH (630) 892-3995 FAX (630) 892-2808 -: _ PHONE DATE STREET(/- JOB NAME CRY. 23P cooE ., JOB LOCATION „ . Qj-t) JCWQFjDNE ARCHITECT F DATE OF PLANS We re ubmit specifications and estimates for: / f �S�lyh 6L_4_' Jk111k? o t + _ wr �Q We Pf0 OS@ hereby to furnish material and labor—complete in a rdance with above specifications, for the sum of: Payment to be made as follows dollars($ ). (Ifn ti c e NI material is guaranteed to be as specified. All work to be compUd in a workmanlike _ manner according to standard practices. Any alteration or deviation from above specifications Authorized involving extra costs will be executed.only upon written orders, and will become an extra Signature charge over and above the estimate. AN agreements contingent upon strikes, accidents or Mays beyond our control.owner to carry fire, tomedo and other necessary insurarwe. Our Note:This proposal may be rkers are fully ooversd by Worlow s Compensation Inexan e. withdrawn by us'tf not accepted within C . days, Acceptance of Proposal —,he above prices,specifications and conditions ale satisfactory and are hereby accepted.You are authorized to do the Signature work as specified.Payment will be made as outlined above. Date of Acceptance: Signature