Loading...
HomeMy WebLinkAbout13-134 Resolution No. 13-134 RESOLUTION AUTHORIZING EXECUTION OF AN ELGIN GREASE TRAP INCENTIVE PROGRAM AGREEMENT WITH CHOOCH'S, INC. (64 South Grove Avenue) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, 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 Chooch's, Inc. for the property located at 64 South Grove Avenue, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: August 28, 2013 Adopted: August 28, 2013 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk CITY OF ELGIN CENTER CITY ELGIN GREASE TRAP INCENTIVE PROGRAM AGREEMENT THIS AGREEMENT is made and entered into this 28th day of Au st 2013, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City"), and Chooch's ; Inc._. , an Illinois corporation (hereinafter referred to as "Applicant"). WHEREAS, City has established an Elgin Grease Trap Incentive Program (hereinafter referred to as "Program") for applicants within the Center City of City 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 the 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 with Tenant, 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; and WHEREAS, Applicant has applied to the City to participate in the City's Center City Elgin Grease Trap Incentive Program. WHEREAS, the Applicant is the owner of the property commonly known as 64 S. Grove Avenue _, Elgin, Illinois; and 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 Applicant shall install a grease trap and all necessary and required appurtenances thereto at the property commonly known as 64 S. Grove Avenue , Elgin, Illinois (the "Subject Property") 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 Center city portion of the Grease Trap Incentive Program fifty percent (50%) of the cost of the work (including installation) shall be reimbursed up to a maximum amount of $7,500. Such rebate shall be provided upon reasonable proof acceptable to City in City's sole discretion that a grease trap conforming to the City's required specifications was permitted, purchased, installed and inspected. Payments from the City as provided for herein shall be made to Applicant. Applicant shall provide the City with a full release and receipt upon receipt of the payment provided for herein. Section 2. "Eligible Costs" shall include labor, material and equipment costs directly and solely related to the Work. Section 3. No Work shall be undertaken or shall be considered to constitute the basis for all Eligible Cost until the proposal for such Work has been submitted to and approved in writing by the City Manager or his designee. 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 Applicant obtains written consent from the City. Section 4. The City shall be permitted access to the Subject Property 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, Applicant 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 Applicant the sum provided for at Section 1 herein within thirty (30) days of Applicant's compliance with the provisions of Section 5 herein. In no event shall the amount paid to Applicant exceed $7,500 or fifty (50%) percent of the amount set forth in the contractor's statement(s) whichever is less. Section 7. In the event Applicant 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 Applicant, and any and all financial or other obligations on the part of City shall cease and become null and void. In the event of any such written notice of breach and termination, Applicant shall refund any and all funds paid to Applicant by City within thirty (30) days. Any such determination of Applicant failure to complete the Work in accordance with the terms of this Agreement shall be in City's sole discretion. Section 8. Upon completion of the Work, and for a period of five (5) years thereafter, Applicant 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 City in the City's sole discretion. 2 Section 9. Nothing herein is intended to limit, restrict or prohibit the Applicant from undertaking any other work in or about the Subject Property which is unrelated to the grease trap improvement provided for in this Agreement. Section 10. This Agreement shall be binding upon City and its successors, and upon Applicant and the owner(s) of the Subject Property and their successors and assigns for a period of five (5) years from and after the date of completion and approval of the Work. Applicant shall provide subsequent owner(s) of the Subject Property with a copy of this Agreement. This Agreement shall run with the land underlying structure. Section 11. If Applicant does not own the underlying property for which work is being done, Applicant warrants and represents to City that Applicant has a multi-year lease at the Subject Property for which the work is proposed. Applicant further warrants and represents that he has received authorization from all owners of the Subject 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 Subject Property for which work is to be done shall be signatories to this Agreement and hereby acknowledge(s) that he/they are aware of this Agreement, authorized the work which is to be made to the Subject Property. Said owner(s) of the Subject Property for which improvements are to be made further acknowledge that, as owner of the Subject Property, he/they is a party to this Agreement and is bound by the provisions of this Agreement specifically, but not limited to, the provision of Section 8 of this Agreement. Each owner signatory hereto hereby warrants and represents that there are no other entities having an ownership or other interest in the Subject Property, which have not executed this Agreement. Section 12. To the fullest extent permitted by law, each Applicant and owner agrees to indemnify, defend and hold harmless the City, its officers, employees, agents, boards and commissions from and against any and all causes of action, claims, suits, judgments, costs, attorney's fees, damages or other relief, including but not limited to worker's compensation claims, in any way resulting from or arising out of the performance of this Agreement or the Work described herein. 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. The provisions of this paragraph shall survive any expiration and/or termination 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. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with 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. Applicant's Name: Michael F. and Daniel A. Butirro Address: 64 S. Grove Avenue City: Elgin State: IL Zip Code: 60120 Telephone Number: 847-754-0751 Property Location: 64 S. Grove Avenue Interest: Owner Contact Person: Michael and Daniel Butirro 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. Section 18. This Agreement is the sole agreement'between the parties hereto regarding the subject matter hereof. There are no other agreements, either oral or implied between the parties hereto regarding the subject matter hereof. This agreement may not be modified or amended other than by the express written agreement of the parties hereto. Section 19. Notwithstanding anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the City has agreed to pay to the Applicant pursuant to Section 1 hereof, no action shall be commenced by the Applicant or any owner against the City for monetary damages. Applicant and any owner hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 501/1 et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The parties hereto further agree that any action by the Applicant or any owner arising out of this Agreement must be filed within one (1) year of the date the alleged cause of action arose or the same will be time barred. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. Section 20. Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the Applicant 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, Applicant hereby certifies, represents and warrants to the City that all Applicant'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. Applicant 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 Applicant to determine Applicant's compliance with the provisions of this section. In the event the City proceeds with such an audit the Applicant shall make available to the City the Applicant's relevant records at no cost to the City. Applicant shall pay any and all costs associated with any such audit. 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first appearing above. APPLICANT CITY OF ELGIN D Michael F. Butirro J� City Manager OWNER(S) ATTEST: Daniel A. Butirro &1!��/ City Clerk FAA-egal Dept\Agreement\Grease Trap Incentive Program Agreement-FORM-8-21-13.docx 5 ELGIN THE CITY IN THE SUBURBS- DATE: September 5, 2013 TO: Aaron Cosentino, Management Analyst FROM: Jennifer Quinton, Deputy City Clerk SUBJECT: Resolution Nos. 13-134 and 13-135 Adopted at the August 28, 2013, Council Meeting Enclosed you will find the agreement listed below. Please distribute this agreement to the other party and keep a copy for your records if you wish. 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. • Resolution 13-134 Adopted Authorizing Execution of an Elgin Grease Trap Incentive Program Agreement with Chooch's, Inc. (64 South Grove Avenue) • Resolution 13-135 Adopted Authorizing Execution of an Elgin Grease Trap Incentive Program Agreement with 3Lefts, Inc. d/b/a On the Side Restaurant(74 South Grove Avenue)