HomeMy WebLinkAbout02-331 Resolution No. 02-331
RESOLUTION
AUTHORIZING EXECUTION OF AN ELGIN GREASE TRAP
INCENTIVE PROGRAM AGREEMENT
(314 S . McLean Boulevard)
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 an Elgin Grease Trap Incentive Program Agreement on behalf
of the City of Elgin with Louie Gjata, d/b/a Angelo' s Gyros, for
the property located at 314 S . McLean Boulevard, a copy of which is
attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: October 9, 2002
Adopted: October 9, 2002
Omnibus Vote : Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
CITY OF ELGIN
NON-CENTER CITY
ELGIN GREASE TRAP INCENTIVE PROGRAM AGREEMENT
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THIS AGREEMENT is made and entered into this 1 y7'W-day of 002, by
and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as
"City"), and LOUIE GJATA , (hereinafter referred to as "Owner").
WHEREAS, City has established an Elgin Grease Trap Incentive Program (hereinafter
referred to as "Program") for applicants within the Center City of Elgin and Non-Center
City applicants with buildings that discharge into a combined sewer or into a separate
sewer which connects into a combined sewer overflow area; and
WHEREAS, Program is administered and funded by the City for purposes of providing a
rebate on the purchase and installation of 1,000 gallon grease traps as required by the
Fox River Water Reclamation District; and
WHEREAS, pursuant to the Program, City has undertaken to share the cost of the
purchase and installation of a 1,000 gallon grease trap, pursuant to the criteria of the
Program and as set forth herein; and
WHEREAS, the applicant operates a business open to the public which provides food
service as its primary function and for the Center City portion of the program, is located
in the identified target area;
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 Owner shall install a grease trap and all necessary and required
appurtenances thereto at the property commonly known as 314 S. MCLEAN BLVD. ,
Elgin, Illinois pursuant to the requirements of the Fox River Water Reclamation District
and in accordance with all other applicable code and legal requirements (such
installation of the grease trap is hereinafter referred to as the "Work").
For the Non-Center City portion of the Grease Trap Incentive Program thirty-three
percent (33%) of the cost of the grease trap (including installation) shall be reimbursed
up to a maximum amount of $5,000 per project. Such rebate shall be provided upon
reasonable proof that a grease trap conforming to the City's required specifications was
permitted, purchased, installed and inspected.
All parties hereto agree that all payments from the City provided for herein shall be
made to LOUIE GJATA , who shall provide the City with a full release upon receipt.
Section 2. Eligible costs shall include labor, material and equipment costs (hereinafter
referred to as the "Work").
Section 3. No Work shall be undertaken or shall be considered to constitute the basis
for an eligible cost until the 3 bids for such Work has been submitted to and approved in
writing by the Director of Economic Development and Business Services. Such
proposals shall include, but not be limited to, a date certain by which the Work shall be
completed. All work relating to the grease trap installation shall be completed within
180 days from the date of the Agreement, unless Owner obtains the written consent
from the City.
Section 4. The City shall be permitted access to the 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 City, 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 City 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.
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 without prior written approval from the Director of Economic
Development in his/her sole discretion.
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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
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 multi-year lease at the
location for which the work is proposed. 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 8
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. Each Owner and Tenant 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 in connection with Owner's or Owner's agents,
employees and assigns' negligent performance of any of the terms of this Agreement or
any work contemplated by this Agreement.
Section 13. This Agreement is not intended 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.
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Section 16.
Owner's Name: Mr. Louie Gjata
Address: 314 S. McLean Blvd.
City: Elgin State: IL Zip Code: 60123
Telephone Number: (847) 888-8388
Property Location of 314 S. McLean Blvd.
Ownership Interest: Owner
Contact Person:Mr. Louie Gjata
Owner's Name:
Address:
City: State: Zip Code:
Telephone Number:
Property Location:
Ownership Interest: Owner:
Owner's Name:
Address:
City: State: Zip Code:
Telephone Number:
Property Location:
Ownership Interest: Tenant:
Owner's Name:
Address:
City: State: Zip Code:
Telephone Number:
Property Location:
Ownership Interest:
Section 17. The City of Elgin Grease Trap Incentive Program Guidelines dated June 6,
2000, as such guidelines may be amended from time to time by the City, are hereby
incorporated into this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first appearing above.
O ER CITY OF ELGIN
Mho vur`
By: `�M
Olufemi Fol4;'ri, Inte f5 City Manager
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OWNER ATTEST:
Dolonna Mecum, City Clerk
OWNER
OWNER
OWNER
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