HomeMy WebLinkAbout03-316 Resolution No. 03-316
RESOLUTION
AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT
WITH JOSEPH J. LAURIE
(117-125% S . Grove Avenue)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that David M. Dorgan, 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 Joseph J. Laurie for the property commonly known as 117, 119,
121, 123 , 123%, 125 and 125% S . Grove Avenue, a copy of which is
attached hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: November 19, 2003
Adopted: November 19, 2003
Omnibus Vote : Yeas : 6 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
CITY OF ELGIN
7ADE IMPROVEMENT PROGRAM AGREEMENT
117 to 1251/ South Grove Avenue
tri15 AGREEMENT is made and entered into this L?TI.A day of
NOVEm 6E12 , 2003, by and between the City of Elgin, Illinois, a
municipal corporation (hereinafter referred to as "City") , and Joseph J.
Laurie, 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 Area,
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 building (s) located within Rehabilitation
Area, 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 the facade
improvements for the structure referred to at Section 16 herein shall be
$3, 800 .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
$1,330.00, 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 Joseph J. Laurie, 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
1
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" ) .
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 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. Additionally, Owner shall refund to City, all money paid to Owner
by City pursuant to this agreement upon thirty (30) days written demand.
This provision shall not constitute a restriction on City to pursue any
and all other rights to which it may be entitled by law.
Section 8 . Upon completion of the Work, and for a period of five
(5) years thereafter, Owner shall properly maintain the Work in its
2
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. Notwithstanding the aforementioned five (5) year
period, the provisions of Sections 7 and 12 herein shall survive the
termination of this agreement.
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. In the event the indemnification
provisions of this Agreement are invoked so as to require legal defense
of City, counsel for such defense shall be of City' s choosing. The
provisions of this section shall survive any termination and/or
expiration of this agreement .
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
3
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: Joseph J. Laurie
Address : 1931 Southmeadow Lane
City: Lake Forest, IL 60045
Telephone Number: (847) 482-9257
Property Location: 117, 119, 121, 123, 123M, 125, 125M South Grove Ave
Ownership Interest : property owner
Contact Person: Joseph J. Laurie
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the date first appearing above.
As to CITY OF ELGIN As to OWNER:
BY' y: -�
David Dorgan Jo eph Laurie
City Manager Proper Owner
ATTEST:
Dolonna Mecum, City Clerk
4
t y Elgin
n Agenda Item No.
City of E l
` _
��IY•�
4 1 10 fill
October 31, 2003 z
TO: Mayor and Members of the City Council ALIVE DOWNTOWN
FROM: David Dorgan, City Manager `�'
Sarosh Saher, Urban Design Preservation Specialist
SUBJECT: Facade Project for 117-125 S. Grove Avenue
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 117-125'
S. Grove Avenue.
BACKGROUND
The property at 117-125' S . Grove Avenue is located in downtown
Elgin and is of a more recent vintage than the majority of
downtown buildings . The owner, Mr. Joseph Laurie, who recently
purchased the property, proposes to clean and tuckpoint the
exterior masonry of the building. Since no design changes are
proposed, there is no need for architectural services at this
time.
The applicant has provided three estimates for the work. They
are as follows :
Singles Roofing Co, Inc. $4 , 200 . 00
Prestia Tuckpointing $3, 950 . 00
Galewood Roofing and Tuckpointing Co. $3, 800 . 00
The estimated project cost for the proposed work will be based
on the lowest submitted bid at $3, 800 . 00 . The City' s
participation at 35 percent would amount to $1, 330 . 00 .
COMI-lUNITY GROUPS/INTERESTED PERSONS CONTACTED
Downtown Neighborhood Association, DNA
Facade - 117-125'-� S. Grove Avenue
October 31, 2003
Page 2
FINANCIAL IMPACT
Currently a balance of $778 . 00 remains in the Downtown/Center
City Fund, account number 350-0000-795 . 78-99 . The termination of
the fagade agreement between the City of Elgin and David Vargas,
property owner at 65 South Grove Avenue, (project number 179553)
will cover the remaining $552 . 00 necessary to fund the project
at the requested $1;330 . 00 . The 2003 budget for this account
number is $104, 014 .
OA�/7An GA IMPACT
agreement between the City of Elgin and property owner at
117-125' S. Grove Avenue will be required.
ALTERNATIVES
1 . Approve the Facade Improvement project proposed for 117-
125'-1 S . Grove Avenue to be funded in an amount of
$1, 330 . 00 .
2 . Reject the Facade Improvement project proposed for 117-125
S. Grove Avenue.
RECOMMENDATION
It is recommended that the City Council approve the Facade
Improvement project proposed for 117-125' S. Grove Avenue to be
funded in an amount of $1, 330 . 00 .
Respectfully Submitted for Council consideration.
SBS/sr
Attachments
SINGLE PLY TUCKPOINTING
HOTASPHALT GALEWOOD SANDBLASTING
TAR&GRAVEL HYDRO CLEANING
TEAR-OFF MASONRYREPAIRS
RE-ROOFING r] WATERPROOFING
MAINTENANCE zmrw
CAULKING
2641-45 Davisson St. • River Grove, Illinois 60171
708-452-7900 Phone • 708-452-8098 Fax
Mr. Joseph J. Laurie August 27, 2003
Laurie Property
1931 Southmeadow Lake 847-482-9257 Phone
Lake Forest, IL 60045
Job Address: 117-125 1/2 S. Grove • Elgin, Illinois
.............................................................................................................................
IN REFERENCE TO: WEST FACE BRICK AND LIMESTONE ELEVATION OF ONE (1) STORY BUILDING
WE PROPOSE TO PERFORM THE FOLLOWING WORK:
1. CLEAN THE AFOREMENTIONED 100 9%, USING DIEDRICH 101 CHEMICAL AND OOR HIGH PRESSURE WATER
SYSTEM. PRESSURE NOT TO EXCEED 3,500 POUNDS, PSI.
NOTE:
1. DUE TO THE USAGE OF CHEMICALS, CONTRACTOR SHALL NOT BE LIABLE FOR DAMAGE TO WINDOWS, METAL,
LANDSCAPING, ETC. HOWEVER, ALL NECESSARY PRECAUTIONS WILL BE TAKEN.
IN REFERENCE TO: LIMESTONE PANELS ON WEST ELEVATION
1. GRIND OUT EXISTING MORTAR JOINTS 100%, DOWN TO A DEPTH OF APPROXIMATELY ONE HALF (112) INCH AND
CLEAN PRIOR TO TUCKPOINTING.
2. TUCKPOINT ALL VERTICAL AND HORIZONTAL MORTAR JOINTS 100% FULL, FLUSH AND SOLID.
3. IN PREPARATION FOR RE-SURFACING, LIMESTONE SPALLINGS WILL BE COMPLETELY CUT OUT AND CLEANED
DOWN TO A SOLID FOUNDATION.
4. RE-SURFACE LIMESTONE SPALLINGS, APPLYING ONE (1) PART MASONRY CEMENT, ONE (1) PART PORTLAND
CEMENT, FOUR (4) PARTS SAND AND ACRYLIC SIXTY (60) BONDING MATERIAL.
5. CAULK LIMESTONE COPING MORTAR JOINTS 100%, APPLYING VULKEM #116, ONE (1) PART POLYURETHANE
RUBBER SEALANT, GRAY.
IN REFERENCE TO: FACE BRICK ON WEST ELEVATION
1. GRIND OUT DEFECTIVE MORTAR JOINTS, WHERE NECESSARY.
2. TUCKPOINT VERTICAL AND HORIZONTAL MORTAR JOINTS, DEEP PERFORATED HOLES AND WASHOUTS, WHERE
NECESSARY.
• MORTAR COMPOSITION - ONE (1) PART TYPE N MASONRY CEMENT, ONE (1) PART TYPE I PORTLAND
CEMENT AND FOUR (4) PARTS FINE SIFTED BANK SAND.
• ALL DEBRIS SHALL BE REMOVED FROM JOB SITE AND LEFT IN A CLEAN BROOM SWEPT CONDITION.
• TERMS: PAYABLE IN FULL WITHIN TEN (10) DAYS OF INVOICE. A 2% PER MONTH SERVICE CHARGE WILL
BE ADDED TO PAST DUE ACCOUNTS.
• YOUR ASSURANCE OF QUALITY IS OUR ESTABLISHED REPUTATION. WE LOOK FORWARD TO BEING OF
SERVICE TO YOU.
...............................................................................................................0090*009900too*
The prices quoted are with the understanding that we are to furnish all labor, material and equipment necessary. We carry full
insurance including workman's compensation & public liability. Your acceptance of this proposal will constitute a contract between us.
Accepted by: _ Date: Amount: $ 3,800.00
By: 944—
Deposit: $ 0.00
•••N••'• Galewood Rooting and Tuckpointing Co., Inc. - State of Illinois License # 104-000946
•N•NNNNN•NNN••NNN
!;,C- LTD F�� NG, . 847951-4715E Sep, 03 2003 02:13P`1 Pi
PRF.STIA ;U'CKPOINIING August 21,2(X)3
2091 Tunbridge rr.
Algonquin. IL, 60102
Phone/fay, (847) R54-7156
Ile: 117 thru 125 South Grove St.
Elgin,IL
Joe Lawie
N 708 705-8644 F# 847 482-9259
Will provide all W10r, material.equipment mid insane needed for the iffi9al2ation and
delivery of the s-ope of work at: 117 thin 125 South Grave St.,in Elgin IL as outlined
below.
Grind out and tuckpoint the limestone on the binding
Patch the existing limestone with"Dogans Limestone Patch,
All repaired areas uiu be Power washed,to remove all the dust and debris imm
the limestone
Total:Three Thousand Nine Hundred Fifty Dollars(53,950.00)
Terms: Payment due upon oompletion
Client accepted by;
Dated:
Pete Prestis,Owner
Dated:
Paste Fax Kota, 7671 owe t2 " es'
•a� CO- t k
\` ax 47 - ex r S A►l tK.
(M7)695-0250
• FAX(847 695-2202 17807
S
EZ41 REFERENCES
ROOFING GO. INC. Elgin Mental Health Center Hoffer Plastics
• 345 WILLARD AVENUE Elgin Sanitary District Seigle Home&Building Center
P.O. BOX 31 City of East Dundee City of Elgin
Since�1958 461/0114 ELGIN, ILLINOIS 60121-0031 Elgin Community College Ron Heider Properties
CONTRACT
Buyer Date of Contract Proposal: 8/ 19/03
Mr. Joe Laurie Job Location: 117 - 125-12 So. Grove
1931 So. Meadow Lane Elgin , I1 . 60120
Lake Forest , I1 . 60045
Phone:
Buyer is:
_Owner _Agent —General Contractor
Individual _ Partnership _Corporation Job Location Property owned by:
Other
Address
Singles Roofing Co., Inc. ("SINGLES") will furnish all labor, material and equipment needed to do the following work at the
Job Location subject to the terms.and conditions which are set forth herein and on the other side hereof and which are
incorporated into and made a part hereof:
Singles proposes to do the following masonry work :
1 . Clean top lime stone panels and cornice stone 100% with detergent
and high pressure water .
2 . Clean all roman brick (same ) .
3. Remove broken lime stone fascade pieces from the exterior parapet
wall panels (marked by ✓) , patch pieces as required.
4. Grind out vertical and horizontal joints on the lime stone panels
tuckpoint 100% flush and solid , top coping stone grind , tuckpoint
and install a one part polyurethane caulk between head joints .
5. Brick joints look ok for now, will recheck after cleaning .
Check as Applicable: _Roofing _ Sheetmetal X Tuckpointing —Other
?SIDE ARE INCORPORATED INTO AND ARE A PART OF THIS CONTRACT."
345 S. Box AVENUE $4 , 200 . 00
P.O.O.Box 31
ELGIN,IL 60121-31 WS
ROOFING C0.,11y
V A-LL,i�y Since 1958 fi i
SINGLES and Buyer only if it is accepted in writing by Buyer and returned
Irv. Durchsla (847)695-0250 a of Contract Proposal.
g FAX(847)695-2202 Date of Acceptance
�" ------- - - --_ - Buyer
by by
Duly Authorized.Agent _Contracting Party _Duly Authorized Agent
LICENSE 104-000013 3101/5M
OFFICE COPY