HomeMy WebLinkAbout00-253 Resolution No. 00-253
RESOLUTION
AUTHORIZING EXECUTION OF A NEIGHBORHOOD BUSINESS IMPROVEMENT
PROGRAM AGREEMENT WITH LYNN G. SCHWARTZ
(164 N. Edison Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed
to execute a Neighborhood Business Improvement Program
Agreement on behalf of the City of Elgin with Lynn G. Schwartz
for the property located at 164 N. Edison Street, a copy of
which is attached hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: November 15 , 2000
Adopted: November 15, 2000
Omnibus Vote: Yeas 7 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
CITY OF ELGIN
NEIGHBORHOOD BUSINESS IMPROVEMENT PROGRAM AGREEMENT
THIS AGREEMENT is made and entered into thisIa day of
November, 2000, by and between the City of Elgin, Illinois, a
municipal corporation (hereinafter referred to as "City" ) , and
Lynn G. Schwartz, (hereinafter referred to as "Owner" ) .
WHEREAS, City has established a Neighborhood Business
Improvement Program (hereinafter referred to as " Program" ) for
application within Neighborhood Business (NB) and Residence
Business (RB) Zoning districts of the corporate limits of City
designated by City as appropriate for such application
(hereinafter referred to as "Business Areas" ) : and
WHEREAS, Program is administered and funded by the City for
purposes of the control and prevention of blight, dilapidation
and deterioration of Business Areas; and
WHEREAS, pursuant to the Program, City has undertaken to
share the cost of certain exterior improvements to structures
within the RB and NB Areas, pursuant to the criteria of the
Program and as set forth herein; and
WHEREAS, Owner owns at least 50% of a building (s) , or is the
tenant of a business related building (s) located within an RB or
NB area, and owner desires 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 . City shall pay to Owner a sum not to exceed 50%
of the total approved project costs, the City' s share of such
costs not to exceed $15, 000 for exterior improvements approved
pursuant to the provisions of this Agreement (hereinafter
referred to as "Eligible Costs" ) for the Structure referred to at
Section 16 herein (hereinafter referred to as " Structure" ) .
All parties hereto agree that all payments from the City provided
for herein shall be made to Lynn G. Schwartz, 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 exterior
Improvements to the structure hereby provided for (hereinafter
referred to as the "Work" ) , as designated from the proposal
approved by the City pursuant to the provisions of Section 3
herein, as identified in Exhibit A, attached to and made part of
this Agreement .
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 Project Review Team, consisting of the City' s
Director of Business Services and Properties, Manager of Property
Maintenance and a Code Enforcement Officer. Such proposals shall
include, but not be limited to, a date certain by which the Work
shall be completed. All work relating to the exterior
Improvements to the Structure shall be completed within 180 days
from the date of the Agreement, unless Owner obtains 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 by 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.
2
Section 6. City shall pay to Owner in accordance with 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 nor shall
the City pay the Owner an amount greater than the cost specified
in an invoice submitted by a contractor for any approved work set
forth in Exhibit A.
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.
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 this 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 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 lease at the location for which the work is
proposed for a term of at least five (5) 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 .
3
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 . Each Owner and Tenant 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 in connection with Owner' s or Owner' s agents,
employees and assigns' negligent performance of any of the terms
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 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: Lynn G. Schwartz
Address : 10N939 S . Hawthorne Street
City: Elgin State: IL Zip Code: 60123
Telephone Number: (847 ) 741-0249
Property Location of Structure :
164 North Edison Street
Elgin, Illinois .
Ownership Interest : Owner
Contact Person: Lynn G. Schwartz
Owner' s Name :
Address :
City: State : Zip Code :
Telephone Number:
Property Location:
Ownership Interest : Owner:
Owner' s Name:
Address :
City: State: Zip Code:
Telephone Number:
Property Location:
Ownership Interest: Tenant :
4
Owner' s Name :
Address :
City: State : Zip Code :
Telephone Number:
Property Location:
Ownership Interest :
Section 17 . The City of Elgin Neighborhood Business
Improvement Grant Program Guidelines dated February 4 , 1999, 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.
OWNER CITY OF\ELGIN /`
l OT)
L
AAA. �. �: By:
L 1� n G. Schwartz Jtdyc 1. Parker, City Manager
OWNER ATTEST :
Dolonna Mecum, City Clerk
OWNER
OWNER
OWNER
5
100)<0 OF E40
City of Elgin Agenda Item No.
tiv,/ — •-. -
L ri
October 19, 2000 zit ''
44,
N •
TO: Mayor and Members of the City Council NEIGHBORHOOD VITALITY
FROM: Joyce A. Parker, City Manager
SUBJECT: Neighborhood Business Improvement
Program Application for Property
Located at 164 North Edison Street
PURPOSE
The purpose of this memorandum is to present to the Mayor and
members of the City Council an application for the Neighborhood
Business Improvement Program from Lynn G. Schwartz for property
located at 164 North Edison Street (parking lot adjacent to Herb' s
Bakery) .
BACKGROUND
On March 10, 1999 the City Council adopted guidelines for the
implementation of the Neighborhood Business Improvement Program.
The purpose of the program is to provide an incentive program for
improvement to neighborhood business districts located outside of
the Central Business District.
The property in question is owned by Lynn G. Schwartz. It is
located at 164 North Edison Street. The property is zoned NB. The
owner plans improvements to the parking lot on the property that
serves Herb' s Bakery.
Two quotes were obtained for each element of the proposed work.
Scope of Work Low Bid High Bid
1 . Parking Lot $ 28, 650 $ 36, 275
The funding provisions of the program provide for a 50% City match
up to a maximum amount of $15, 000 . Thus, the Schwartz application
would qualify for a funding level of $14, 325 from the City of
Elgin.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
•
r Neighborhood Business Improvement Program Application
October 19, 2000
. Page 2
9k—
FINANCIAL IMPACT
In the 1999 and 2000 budgets, a total of $200, 000 was budgeted for
this grant program. To date, only five other applications totaling
$62, 000 have been submitted for approval. Therefore, adequate
funding is available in account number 270-0000-791. 78-99, project
number 299504, Neighborhood Business Improvement Grant, for this
project.
otory/LEGAL IMPACT
None.
ALTERNATIVES
1 . Fund the project
2 . Deny funding to the project.
RECOMMENDATION
Staff recommends that a Neighborhood Business Improvement Program
agreement be authorized with Lynn G. Schwartz in the amount of
$14, 325.
Respectfully submitted,
4111F , /Q-4-...____,•
J•i'ce . Parker
City Manager
RHM: sp
Attachment
.
NEIGHBORHOOD BUSINESS IMPROVEMENT PROGRAM
APPLICATION FORM
1 . Applicant Gkwa�' b_(Name)
Home Address /OA) 3 9 So . Hatt (kor&uQ,
L.---:L6-1 1
(HomeAddresha
(City) (State) (Zip) (Phone)�m-Q
2 . Building or establishment for which the rebate is sought :
1/ `1 4?-4soN T- lv%
(Street Address)
Applicant is : ✓ Owner Tenant
If tenant, what is term of lease?
3 . Facade to be improve : Front Side Rear
4 . Proposed use of program:
Canopy/Awning Signage
Windows/Doors Exterior Lighting
Painting/Tuck Restoration of
Pointing Architectural Feature
Brick Cleaning ✓ Landscaping
Exterior ADA Street Furniture
Accessibility and Fixtures
✓ Other (please specify) S (ArTQe.R-
fLXi SI t j�j�
('GV IA) rA t b k c 1LTh p .
5 . Statement of Understanding.
A. The applicant (undersigned) agrees to comply with the
guidelines and procedures of the Neighborhood Business
, Improvement Program and the conceptual design and outline
specifications as agreed to by the applicant and the
application review team.
B. The applicant understands that the applicant must submit
detailed cost documentation, copies of building permits,
bids, contracts and invoices and contractor' s final
waivers of lien upon completion of the approved
improvements .
i°
Applicant Signature ` 4 ,
If the applicant is otter than the owner, the following line must
be completed:
I certify that I , the owner of the property at
do authorize the applicant to apply for a rebate
under the Neighborhood Business Improvement Program and undertake
the approved improvements .
Date
(Owner Signature)
FOR OFFICE USE ONLY
Date Application Received:
Application Fee Paid: Yes No
If yes, Check Cash
Application I .D. Number:
Rebate Approved: Date
Total Estimated Project Cost
Percent Applied for Rebate
Total Amount of Rebate
Rebate Denied: Date
Reason
(Program Coordinator)
A. B. BLACKTOP & SON INC.
33W800 GILBERT STREET SOUTH ELGIN, IL 60177
847) 742-9328 FAX 742-9371
ASPHALT PAVING and SEALING SINCE 1947
Date: 10-05-2000
Proposal Submitted To: Work To Be Performed At:
Name: HERB'S BAKERY Name of Job: SAME
Street: 1020 LARKIN AVE. Street:
City: ELGIN State: IL 60123 City: State: IL
Phone: 847-741-0249 Date of Plans:
We hereby propose to furnish the materials and perform the labor necessary for the completion of:
EXISTING GRAVEL PARKING LOT OFF EDISON AVE.
INSTALL 1 NEW DRYWELL PER PLAN
REMOVEAND REPLACE 31 LIN FT OF B6.18 WITH DEPRESSED CURB & GUTTER
„ALL 464 SF OF 6" THICK CONCRETE APPROACH OFF EDISON AVE.
INSTALL 15' by 15' 6" THICK CONCRETE DUMPSTER PAD
REMOVE AND REPLACE 125 SF OF EXISTING SIDEWALK
INSTALL 300 LIN FT OF TYPE "B" CURB (6" by 18")
FINE GRADE THE EXISTING BASE FOR PROPER DRAINAGE ADDING ADDITIONAL GRAVEL
INSTALL 1.5" COMPACTED BITUMINOUS CONCRETE BINDER COURSE
INSTALL 1.5" COMPACTED BITUMINOUS CONCRETE SURFACE COURSE, CLASS I
LAYOUT AND STRIPE 16 PARKING STALLS
INSTALL 24 YEWS, 1-3" DIAM LOCUST, 1-3" DIAM ASH, AND 1-3" DIAM RED MAPLE TREE
PRICE: $28,650.00
10-06-20L0 1 :216PM FROM P. 1
• I
MAIN OFFICE ligat '
SOUTH ELGIN DIVISION
62.01 S. EAST AVENUE •.P.O. BOX 2094u��� f Tf[' sOU NORTH ELGIN,LAFOX N018 80177-8017
LAGRANGE, ILLINOIS 60525-8180 `�
708482986O :
r_ _.N 047.742-4600
•
PROPOSAL
PLEASE RETURN ALL PROPOSALS TO OUR MAIN OFFICE Page 1 of 1
PROPOSAL SUBMITTED TO: PHONE: 847-741-0249
HERB'S BAKERY FAX: DATE: OCT 6, 2000
ADDRESS: _ JOB NAME,
1020 LARKIN AVE SAME
CITY.STATE AND ZIP CODE: JOB LOCATION:
ELGIN, IL 60177 SAME
AmV; DATE OF PLANS: NA
WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR:
PARKING LOT PAVING
CONSTRUCT PCC CURB TY B-400 LF, PCC APPROACH PAVEMENT 6 INCH-465 SF,
PCC DUMPSTER PAVEMENT 6 INCH-225 SF, PCC SIDEWALK 5 INCH--125 SF (REMOVAL OF
125 SF OF EXISTING SIDEWALK INCLD) PCC CURB AND GUTTER B6.18---31 LF ( REMOVAL
OF 31 LF OF EXISTING CURB AND GUTTER INCLD).
CONSTRUCT 1 NEW DRYWELL.
REGRADE AND COMPACT EXISTING STONE BASE.
PLACE 1 % INCHES COMPACTED THICKNESS BITUMINOUS BINDER COURSE.
FOLLOWED BY THE PLACEMENT OF 1 'A INCHES COMPACTED THICKNESS BITUMINOUS
SURFACE COURSE.
RESTRIPE. •
PLANT 24 YEWS, 1 RED MAPLE-3", 1 LOCUST-3"AND 1 ASH-3",
LUMP SUM PRICE 536.275.00
•
CONTINyED...
£ r•u A I ti- r►s111.1"1"CTE 15 A /Mil"
10-06-2000 1 :06PM FROM 7. 2
MAIN OFFICE SOUTH ELGIN DIVISION
6301 S.EAST AVENUE • P.O.BOX 2080 BLACK f OP 1900 NORTH N, ILLINOIS 801774017
LAGRANGE, ILLINOIS 605254180 �+
788-482-11680 .___. 847-742-4600
PAGE2OF2 --
CLARIFICATIONS AND EXCLUSIONS:
1. No permits, bonds, special insurance, testing or signage included.
2. Work to be done in the 2000 construction season.
3. No unsuitable sub-grade, base removal or replacement included.
4. 1 mobilization included.
We propose hereby to furnish material and labor-complete in accordance with above specifications,
for the sum of: SEE ABOVE PRICE
Payment to be made as follows: Payment is due upon receipt of invoice. A charge of 1 1/2% per
month will be added to all unpaid invoices. This amounts to 18% per year.
Central Blacktop Co., Inc.'s Authorized Signature:
Date\ 7
Diane Forbus, Chief Estimator
This proposal may be withdrawn by us if not accepted within _30_day(s).
Acceptance of Proposal-The above prices, specifications and conditions are satisfactory and are
hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined
above.
Authorized Signature Date of Acceptance
A F LJAI I' r►nwirucrw CPAUIMil