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HomeMy WebLinkAbout09-7 Resolution No. 09-7 RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT WITH JAMES CANFIELD, OWNER OF THE RED BAR WINERY, INC. (74 S. Grove Avenue) 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 James Canfield,the owner of the Red Bar Winery,Inc., for the property commonly known as 74 S. Grove Avenue, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: January 14, 2009 Adopted: January 14, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk CITY OF ELGIN FACADE IMPROVEMENT PROGRAM AGREEMENT 74 S Grove Avenue THIS AGREEMENT is made and entered into this 16��da y o ,200 by and between the City of Elgin, Illinois, a municipal corporation(herein er refe d to as "City"), and James Canfield, the owner of the property commonly known as 74 S. Grove Avenue, 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 mutually acknowledged,the parties hereto hereby agree as follows: Section 1. The above recitals are incorporated into and made a part of this agreement. The total approved project costs for the facade improvements for the structure referred to at Section 16 herein shall be $16,310.00, as set forth in Attachment A attached hereto made a part hereof(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 $5,708.50.00, 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 Brandon Becker, 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 1 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"). 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 Historic 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 maybe 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 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. 2 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 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. 3 Section 16. Owner's Name: Jim Canfield Address: 1223 Foxpointe Dr City: Sycamore, IL 60178 Telephone Number: 815-501-5134 Property Location: 74 S Grove Avenue Ownership Interest: Property owner Contact Person: Jim Canfield 1223 Foxpointe Dr Sycamore, IL 60178 815-501-5134 Section 17. Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the Owner shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, Owner hereby certifies, represents and warrants to the City that all Owner's employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legal residents of the United States. Owner shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work,and/or the products and/or services to be provided for in this Agreement. The City shall have the right to audit any records in the possession or control of the Owner to determine Owner's compliance with the provisions of this section. In the event the City proceeds with such an audit the Owner shall make available to the City the Owner's relevant records at no cost to the City." Section 18. Time is of the essence of this Agreement. 4 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. By: Olufe ' Polarin mes nfield ity Ma ag trope Owner ATTEST: Diane Robertson City Clerk 5 Attachment A Facade Improvement Program 74 S. Grove Avenue James Canfield December 19, 2008 Proposed scope of work for facade improvements Front Facade (Facing Grove Avenue) Demolition 1. Remove existing glass storefront on first level. 2. Remove wood covering transom area. Rehabilitation 1. Restore bulkheads to match the original along base of storefront windows. 2. New storefront windows to be clear plate glass with anodized aluminum frames. 3. Transoms above storefront windows to be transparent. 4. Create (1) entry door, recessed. Door to be full glazed. 5. Install new fabric awning over storefront entrance. 6. Install one double-sided wood cut sign, projecting, not to exceed 20 sq ft. Red Bar Wine -74 S Grove Street Facade Im rovement Pro ram - Eligible Costs Contractor Cost Cost Scope of work 1 Estimate Contractor 2 Estimate -Awning Thatcher $1,230.00 Evanston $1,500.00 Sign-A New sin Rama $3,200.00 Signs Now $3,400.00 Universal Architectural Windows/Doors Glass $11,880.00 Dynamics $12,600.00 Total low bid $16,310.00 $17,500.00 Total eligible costs: $16,310.00 (based on lower bids -City's participation: 35% Total Facade Improvement Grant allocation: $5,708.50 6 II�iJ November 26, 2008 TO: Mayor and Members of the City Council 1 FROM: Olufemi Folarin, City Manager Jennifer Fritz-Williams: Historic Preservation Specialist SUBJECT: Facade Project for Red Bar Winery Located at 74 South Grove Avenue Owned by Jim Canfield 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 Red Bar Winery located at 74 South Grove Avenue. RECOMMENDATION It is recommended that the City Council approve the facade improvement project proposed for Red Bar Winery located at 74 South Grove Avenue to be funded in the amount of$5,709. BACKGROUND The property at 74 South Grove Avenue is located in downtown Elgin and was built in 1893 as part of the commercial development of Elgin's center city. The building is on the west side of the street near the intersection of South Grove Avenue and Spring Street. The business owner, Mr. Jim Canfield, is requesting funding from the Facade Improvement Program to complete exterior improvements on the building's storefront. The business owner proposes to replace the storefront windows and doors with anodized aluminum frames and insulated glass but retain the original layout. An awning over the recessed entry and a double-sided wood cut projecting sign will be installed. Both features conform to the zoning ordinance. The total eligible cost of the project amounts to $13,140. At 35%, the City's participation on the project would be $5,709. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Downtown Neighborhood Association Red Bar Winery Facade Improvement Grant Application November 26, 2008 Page 2 FINANCIAL IMPACT Previously, the City Council approved a Center City Business Improvement Grant, Resolution 08-250, for this business for $36,469. The proposed Facade Improvement Grant to Red Bar Winery would total $5,709. There are no longer sufficient funds available in the 2008 Downtown Business Facade Improvement Program, Riverboat Fund, account number 275-0000- 791.78-99. However,the program has a proposed budget in FY2009 in the amount of$75,000. LEGALIMPACT If funding is approved, an agreement between the City of Elgin and the business owner of Red Bar Winery at 74 South Grove Avenue would be required. ALTERNATIVES 1. The City Council may choose to approve the Facade Improvement Project proposed for 74 South Grove Avenue to be funded in an amount of$5,709. 2. The City Council may choose to reject the request to fund the Facade Improvement Project. Respectfully Submitted for Council consideration. JF W Attachments Red Bar Wine -74 S Grove Street Facade Improvement Program -eligible costs Scope of work Contractor 1 lCost Estimate Contractor 2 Cost Estimate Awning Thatcher $1,230.00 Evanston $1,500.00 New sin Sign-A Rama $3,200.00 Si ns Now $3,400.00 Windows/Doors Universal Glass I $11,880.00 Architectural Dynamics $12,600.00 Total I low bid $16,310.00 $17,500.00 Total eligible costs: $16310.00(based on lower bids) Ci 's participation: 35% Total Facade Improvement Grant allocation: $5,708.50 City of Elgin Memorandum a Date: January 16, 2009 To: Ray Moller, Economic Development and Business Services Director From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 09-7, Regarding agreement with James Canfield, owner of the Red Bar Winery, Inc. for fagade improvement Enclosed please find the above referenced agreement. Please distribute to the appropriate parties and if needed, retain a copy for your records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you.