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HomeMy WebLinkAbout02-98 Resolution No. 02-98 RESOLUTION AUTHORIZING EXECUTION OF AN ELGIN GREASE TRAP INCENTIVE PROGRAM AGREEMENT WITH FREDERICK J. STEFFEN (15 Douglas 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 an agreement on behalf of the City of Elgin with Frederick J. Steffen, d/b/a Café Magdalena for the property located at 15 Douglas Avenue, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: March 13 , 2002 Adopted: March 13 , 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 THIS AGREEMENT is made and entered into this !20TH day of March, 2002 , by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") , and Frederick J. Steffen, (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 15 Douglas Ave. , 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" ) . The subject property at which the Work is to be performed is located in the target area for the Center City portion of the Program. For such Center City portion of the Grease Trap Incentive Program the City shall reimburse fifty percent (50%) of the cost of the grease trap installation Work up to a maximum of a $7, 500 reimbursement by the City for this project . All parties hereto agree that all payments from the City provided for herein shall be made to Frederick J. Steffen, 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 Proposal 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. 2 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. 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 exterior 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 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 . To the fullest extent permitted by law, Owner agrees to indemnify, defend and hold harmless the City, its officers, employees and boards and commissions from and against any and all claims, suits, judgments, 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 act or omission of either 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. 3 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 : Frederick J. Steffen Address : 15 Douglas Avenue City: Elgin State : IL Zip Code : 60120 Telephone Number: (847) 741-0503 Property Location of 15 Douglas Avenue Ownership Interest : Owner Contact Person: Owner 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. ER G CITY OF ELGIN 01011140 11.11WITO/r By: Olufemi Folari , Int- im City Manager ATTEST: ST Dolonna Mecum, City Clerk 4