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HomeMy WebLinkAbout00-49 • Resolution No. 00-49 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES OF ELGIN, INC. (Home Improvement Fund) 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 purchase of service agreement on behalf of the City of Elgin with Neighborhood Housing Services of Elgin, Inc . , to capitalize a home improvement fund to buy, rehabilitate and reduce the number of dwelling units in lawful nonconforming residential conversion properties located within the city, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: February 23 , 2000 Adopted: February 23 , 2000 Omnibus Vote : Yeas 6 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk PURCHASE OF SERVICE AGREEMENT BETWEEN NEIGHBORHOOD HOUSING SERVICES OF ELGIN, INC. AND THE CITY OF ELGIN THIS AGREEMENT is made and entered into this 9M day of Izt , 2000, by and between the City of Elgin, Illinois, a muni= corporation, (hereinafter referred to as "City" ) and Neighborhood Housing Services of Elgin, Inc. , an Illinois not- for-profit corporation (hereinafter referred to as "NHS" ) . WHEREAS, City has determined that it is in the best interests of City and its citizens to promote and facilitate the conversion of lawful nonconforming multifamily residential properties to original use; and WHEREAS, NHS has successfully provided redevelopment services and administration in the Elgin, Illinois area and is familiar with an otherwise experienced in the historical, geographic and architectural attributes of the City of Elgin and surrounding area; and WHEREAS, the City provided capitalization funds in 1996 that resulted in the rehabilitation of 15 properties and a total investment in Elgin neighborhoods of $1. 9 million. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1 . On or before February 25, 2000, City shall pay to NHS the sum of Two Hundred Thousand Dollars ($200, 000 . 00) . 2. NHS shall directly and solely utilize the aforementioned $200, 000 to recapitalize a Home Improvement Fund (HIF) to buy, rehabilitate and reduce the number of dwelling units in lawful nonconforming residential conversion properties located within the corporate boundaries of the City of Elgin, Illinois, pursuant to the terms and conditions provided herein. 3 . NHS shall follow the following program objectives and guidelines : a. Focus on distressed properties; b. Encourage reconversion of multi-family properties back to their original use pursuant to the City' s Multiple Family Conversion Program, as amended; c. Allow the funds provided herein to be used in conjunction with other local funds such as the multi-family conversion program and the historic architectural rehabilitation grant; d. Use the city capitalization provided for herein to leverage additional bond and other private dollars; e. Select projects using reasonable objective criteria established by NHS; f. Insure that all work performed shall be in compliance with all applicable city codes and ordinances, specifically including, but not limited to, approved final inspections. 4 . NHS shall establish a separate fund for the funds provided for herein. The fund is to be accounted for separately in the annual NHS audit. NHS shall not borrow from such fund for operations or otherwise obligate the fund for purposes other than for project completion. 5. NHS shall hold harmless and indemnify City from and against any and all claims for damages, lawsuits, causes of action or any and all other liability which may arise out of or in connection with NHS' negligent performance of the terms of this agreement, specifically including, but not limited to, failure to adhere to the provisions of this agreement . 6. This agreement may be terminated by City upon fifteen (15) days written notice to NHS for any reason. 7 . NHS shall provide a detailed written report of all expenditures of funds made pursuant to this agreement to City after July 1, 2000, and before July 15, 2000, which report shall include but not be limited to properties purchased, amounts paid and selection criteria used. 8 . The terms and provisions of this agreement shall be severable. In the event that any portion of this agreement is deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. 9. This agreement shall be subject to and governed by the laws of the State of Illinois. 10 . This agreement represents the entire agreement between the parties hereto. No other oral or written agreements currently exist which shall modify or supersede the terms of this agreement. -2- 11 . This agreement shall not be deemed or construed to create an employment, joint venture, partnership or other agency relationship between the parties hereto. 12 . In the event the program for which the City funds provided herein are to be applied is discontinued or NHS ceases its operations prior to December 31, 2000, NHS shall refund to the City on a prorata basis the funds paid hereunder for the portion of the year remaining after any such termination or for the portion of the year such programs or NHS operations were not conducted. CITY OF ELGIN NEIGHBORHOOD HOUSING SERVICES OF ELT, INC. 4 A 0 By - I t By - Jo , e - . Parker Denise Harding-Ho ins City Manager Board President Attest : Do 1 onna Mecum, City Clerk -3- • Resolution No. 99-300 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR ENCROACHMENT WITHIN A PUBLIC RIGHT-OF-WAY WITH NEIGHBORHOOD HOUSING SERVICES OF ELGIN 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 an Agreement for Encroachment Within a Public Right-of-Way on behalf of the City of Elgin with Neighborhood Housing Services of Elgin for an entrance sign on city-owned property at 212 Michigan Street, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: December 1 , 1999 Adopted: December 1 , 1999 Omnibus Vote : Yeas 6 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT FOR ENCROACHMENT WITHIN A PUBLIC RIGHT-OF-WAY THIS AGREEMENT made and entered into this clifje day of S2.-4.12,4,44- , 1999 by and between the City of Elgin, a municipal corporation, organized and existing under the laws of the State of Illinois (hereinafter referred to as "Licensor") and Neighborhood Housing Services of Elgin an Illinois not for profit corporation (hereinafter referred to as "Licensee") . WITNESSETH WHEREAS, Licensee desires to erect a subdivision entrance sign ("Sign") on City-owned property located at 212 Michigan Street . The sign shall be constructed as detailed in Exhibit A, attached hereto and incorporated herein for all purposes incident to this agreement . NOW, THEREFORE, the parties agree as follows : 1 . Licensor hereby grants unto Licensee the right to erect the Sign upon the location outlined in Exhibit B, attached hereto and incorporated herein for all purposes incident to this agreement . 2 . In consideration for this agreement Licensee agrees to pay to Licensor a fee of Ten 0/0 Dollars ($10 . 00) due and payable when this agreement is executed. 1 3 . This agreement may be terminated by either party for any reason upon giving sixty (60) days written notice . In addition, this agreement may be terminated by Licensor upon five (5) days written notice to Licensee of a breach of any term or condition of this agreement . 4 . Licensee agrees to erect the Sign only with the specific written authorization of the City ' s Engineer and at such site as shown in Exhibit B and in such a manner as is designated by the City Engineer. The written authorization for the erection of said Sign shall, among other items, provide for the minimum distances between the Sign and any sidewalks, streets fire hydrants, drainage facility, and for restrictions on the placement of any and all shrubs or bushes along said signage . 5 . Licensee agrees that the Sign shall be erected and maintained at all times in a safe, neat, sightly and good physical condition and in accordance with all requirements of the Elgin Municipal Code, 1976, as amended. Licensor shall be the sole judge of the quality of the construction and maintenance, and upon written notice by Licensor, through its City Engineer stating in general terms how and in what manner maintenance is required, Licensee shall be required to perform such required maintenance . If Licensee fails to do so, then Licensor shall have the right to remove said Sign, the cost of which shall be borne by Licensee . 2 Such Sign shall be removed from the premises immediately upon receipt of instructions from the City Engineer for the removal of same . Licensee shall at its own responsibility and expense obtain and keep in effect all licenses, bonds and permits necessary for the installation and existence of the Sign. 6 . Licensee shall immediately remove, at his own expense, said Sign in the event Licensor determines such removal necessary or convenient for the installation, repair or replacement of any utilities or any other public improvements on the subject right-of- way. Any replacement or repair of the Sign under any circumstances, shall be at the sole expense of the Licensee . 7 . Upon termination of this agreement , Licensee agrees to immediately remove the Sign from the right-of-way and to restore the site to its original condition. If Licensee fails to exercise its duties under this paragraph, Licensor shall have the right to remove the Sign and restore the premises at no cost or liability to the City. Licensee covenants and agrees to reimburse Licensor for such removal and/or restoration. 8 . Licensor shall in no way be responsible for loss of or damage to the Sign or for any property belonging to or rented by Licensee, its officers, servants, agents or employees which may be stolen, destroyed or in any way damaged during the erection or maintenance of the Sign and Licensee hereby indemnifies and holds harmless Licensor, its officers, agents, servants and employees from and against any and all such claims . 3 9 . Licensee to the fullest extent permitted by law agrees to and does hereby indemnify, hold harmless and shall defend licensor, its officers, employees, agents and all related persons and entities from' and against any and all claims, damages, costs and expenses whatsoever relating to any property loss, damages and/or personal injury, including but not limited to death, to any and all persons, of whatever kind or character, whether real or asserted, arising out of or in connection with the existence; maintenance, use, or location of the sign whether or not caused in whole or in part, by the alleged negligence of the Licensor or its officers and agents, servants, employees, contractors, subcontractors and all other related persons, entities or invitees of Licensor. Licensee hereby assumes all liability and responsibility of Licensor, its officers, agents, employees, and all other related persons or entities for any such suits or claims . Licensee shall likewise and does hereby indemnify and hold harmless Licensor for any and all injury or damage to the premises, whether arising out of or in connection with any and all acts or omissions of Licensee, its officers, agents, employees, contractors, Licensee ' s invitees, or trespassers, or caused in whole or in part by alleged negligence of the Licensor, its officers, agents, employees, servants, contractors, subcontractors, licensees, invitees and all other related persons or entities . 4 10 . Licensee covenants and agrees to furnish Licensor with a certificate of insurance naming the City as additionally insured for a Sign on City property as proof that it has secured and paid for a policy of public liability insurance annually covering all public risks related to the use, maintenance, existence or location of the Sign. The amounts of such insurance shall be as follows : Comprehensive General Liability for Bodily Injury, Personal Injury and Property Damage : $100 , 000 per occurrence; $500, 000 annual aggregate; with the understanding of an agreement by-Licensee that such insurance amounts shall be revised upward at Licensor' s option and Licensee will so revise such amounts within thirty (30) days following notice to Licensee of such requirements . 11 . This license is personal to Licensee . It is non- assignable and any attempt to assign this License will terminate the license privileges granted to Licensee hereunder. 12 . Licensee agrees that should any action, whether real or asserted, at law or in equity, rise out of the terms of this agreement , or by Licensee ' s operations on the premises, venue for said action shall lie in Kane County, Illinois . 13 . In any action brought by Licensor for the enforcement of the obligations of Licensee, Licensor shall be entitled to recover interest and reasonable attorney' s fees . 5 14 . Licensee agrees to provide for recordation of this agreement at his own expense and to provide proof of such recordations to Licensor. IN WITNESS WHEREOF the parties have caused this agreement to be executed by the City Manager and City Clerk of the City of Elgin and Neighborhood Housing Services of Elgin. 6 CITY OF ELGIN By G R/Q4 FIT MAN Attest : Lit7474-?1,4/ CITY CIE K NEIGHBORHOOD HOUSING SERVICES OF ELGIN IVE DIRECTOR 7 , • ,. � .- :,. „,. ,r�,. _ ,,.r ...' .�r3".:j,,.> �_�„ r'_ '. �:a:%.;;•'�4.stiir�:r"r !' f..�,Y:'dt;'p ' � � ._ '•r., •• -' w'r J'�` 5- .,fi n • '�11• ,-0.-~",,,,. : loot ..- .,_.,,,,,,,,,,,,, .....„. ,,,,_. e.:._!. .,,,,,3,,,,,,,..,...,:i.,.,....,,,.,....., „:. •vii, :,,,,..,,,::,,..;: .,::::.i..::::::,,,,,,4„. —:-..„..., ,... ,,,... , _ , ...i„,..,...„-,. . : :..7..1: :.., ,..\. •,\.... 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V' ``a WPI ' ; 1 / i k / \ ai.. $ j SOS '2, I / / 4 t0 /L / T • \ $. / I/ ,,,..,c:© :ttyEt \50 9940 `4,y. o<"Cy��w�� $t � 5?774/4, / 114C r\ , �� ' • Aggl -..,, "44°4 to." i "4.1 . •-...,,, i ql'''4.1 '' 14 CO. . ..'. :.// --...,,,,, 404. j Op ',,e.0 r poo 3s t' l /C1U0Fo 4 !OQ si , cb 400 44,0 R4 �` NE�FsrFi ` forrO� /7Q4/9FQ�0gN 4COyp " o /))S9y � No OCo4j` Eyt 4* g / \\\• J - ' OF E AA tc, City of Elgin Agenda Item No. 1,11,00' ' November 17 , 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: License Agreement for a Neighborhood Sign on City Property PURPOSE The purpose of this memorandum is to present a request from Neighborhood Housing Services (NHS) to enter into a license agreement with the City of Elgin which would allow NHS to place a neighborhood entryway sign on City property at 212 Michigan Street . BACKGROUND em. The placement of the sign at one of the entryways into the Michigan Street neighborhood is one of a number of efforts being pursued by NHS to enhance the quality of life within the Michigan Street neighborhood. NHS received a grant from the Grand Victoria Foundation to implement a model block program on Michigan Street . The grant included funds for the purchase and rehabilitation of homes, a low- interest loan fund, streetscape improvements and neighborhood organizing efforts . The sign placement is an element of the streetscape improvements. The lot at 212 Michigan Street was purchased by the City in 1991 . Due to the residential density in this neighborhood, City staff has never felt the need to pursue redevelopment of the vacant lot . COMMUNITY GROUPS/INTEREST D PER ON ONTA TED Michigan Street residents support the efforts of NHS . FINANCIAL IMPACT g/4L None . ?Al/LEGAL IMPACT None . License Agreement for a Neighborhood Sign November 17 , 1999 Page 2 ALTERNATIVES 1 . Authorize license agreement and permit placement of the proposed sign. 2 . Deny the request for placement of a sign on City property. RECOMMENDATION Staff recommends that the license agreement with Neighborhood Housing Services be approved to allow for an entryway sign at 212 Michigan Avenue . R= - zectfully submittj / Jo ce A. Parker City Manager RHM:amp Attachments