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HomeMy WebLinkAbout07-236 Resolution No. 07-236 RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT WITH KELLENBERGER AUTO SERVICE (217 Symphony Way) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and directed to execute a facade improvement program agreement on behalf of the City of Elgin with Kellenberger Auto Service for the property commonly known as 217 Symphony Way, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: September 26, 2007 Adopted: September 26, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk CITY OF ELGIN FACADE IMPROVEMENT PROGRAM AGREEMENT 217 Symphony Way THIS AGREEMENT is made and entered into thi�day of Y-1,2007,by and between the City of Elgin, Illinois, a municipal corporation(hereinafter eferred to as"City"), and Kellenberger Auto Service,the owner of the property commonly known as 217 Symphony Way, Elgin,Illinois, (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 of facade improvements for the structure referred to at Section 15 herein shall be$34,805.00, 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$12,181.00,being 35%of the total Eligible Costs,for facade improvements to the structure approved pursuant to the provisions of this Agreement. All parties hereto agree that all payments from the City provided for herein shall be made to Kellenberger Auto Service,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 design drawings and/or specifications approved by the Project Review Team pursuant to the provisions of Section 3 herein and prepared by Consultant(hereinafter referred to as "Plans"). 1 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 City's Project Review Team (hereinafter referred to as "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 year 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.Notwithstanding anything to the contrary in any Contract Documents, City shall be entitled to withhold payments pending the submission of partial or full waivers of lien,and/or certifications,verifying the receipt of payment for all work performed by all contractors and/or subcontractors up to the date of the Contractor's application for partial and/or final payment in City's sole discretion. City shall further be entitled to make such payments directly to any contractor and/or subcontractor as may be necessary to obtain such lien waivers and/or certifications. In the event the City makes any such payments directly to the contractor and/or subcontractors, the amount of such payments shall be deducted from the total amount due to the Owner pursuant to this agreement and Contractor shall provide a written release to City in the amount of any such payments pursuant to this agreement. Concurrent with all applications for payment, contractor and/or subcontractors shall provide the City with a written sworn certification of all work performed by all subcontractors and/or contractor and amount paid to all subcontractors and/or contractor as of the date of application for payment. 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 2 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 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 and/or expiration of this agreement. The City may record this agreement with the Kane County recorder of deeds. Section 11. To the fullest extent permitted by law, Owner agrees to and shall indemnify, defend and hold harmless the City,its officers,employees,boards and commissions from and against any and all claims,suits,judgments,costs,attorneys'fees,damages or other relief or liability arising out of or resulting from or through, or alleged to arise out of any acts or acts of negligent or omissions of the Owner,Owner's officers,employees,agents or contractors or subcontractors in the performance of this agreement or arising out of or in connection with litigation based on any mechanics'lien or other claims suit,judgments and/or demands for damages by contractors and/or subcontractors. 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 gold harmless, such action shall be defended by legal counsel of City's choosing. In the event and to the extent that any legal work is performed by the City's in-house legal counsel pursuant to the provisions of this section,City shall be reimbursed by Owner for such legal work at the rate of$200 per hour, which rate Owner hereby agrees and acknowledges to be a reasonable rate for such in-house attorneys' fees. The provisions of this section shall survive any expiration and/or termination of this agreement. Section 12. This Agreement shall not be construed to create a partnership,joint venture or employment relationship between the parties hereto.No entity and/or person shall have any rights or obligations created by this agreement and specifically no entity and/or person shall be in any way construed to be a third party beneficiary under this agreement. Section 13. 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 3 each and either of them to enforce the provisions of this Agreement shall be in the Circuit Court of Kane County, Illinois. Section 14. 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 15. Owner's Name: Kellenberger Auto Service Address: 217 Symphony Way City: Elgin, IL 60120 Telephone Number: 847-741-5457 Property/Structure Location: 217 Symphony Way Ownership Interest: property owner Contact Person: David Kellenberger 217 Symphony Way Elgin, IL 60120 847-741-5457 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: �7 mss./A-L,_ President 144 City Manager Kellenberger Auto Service Property Owner ATTEST: By: Diane Robertson City Clerk 4 Attachment A Kellenber er Auto Service -217 Symphony Way Facade Im rovement Program -eligible costs Scope of work Contractor 1 Cost Estimate Contractor 2 Cost Estimate Replace front window Herb's Glass $385.00 Cardinal Mirror and Glass $695.00 Company Paint entire building Premier painting and $3,475.00 Liberty Painting $3,925.00 renovation Replace overhead JC Harris $15,770.00 Lamp Inc $17,400.00 door with wall windows, carpentry, electric and Uniroyal sign removal Overhead doors ASAP Door inc. $9,905.00 JC Harris $10,270.00 Replace chimney Seyller's Inc $4,750.00 Leonard and Sons $5,475.00 from lower roof up AC Unit for wall Lowe's $520.00 Home Depot $639.00 Total low bid $34,805.00 high bid $38,404.00 Total eligible costs: $34,805.00 (based on lower bids) City's participation: 35% Total Facade $12,181.75 Improvement Grant allocation: 5