HomeMy WebLinkAbout01-61 Resolution No. 01-61
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
PIONEER MEMORIAL FOUNDATION OF ILLINOIS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be
and are hereby authorized and directed to execute an agreement on
behalf of the City of Elgin with the Pioneer Memorial Foundation of
Illinois for financial assistance for the construction, purchase
and placement of the Pioneer Family Memorial Statue, a copy of
which is attached hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: March 14 , 2001
Adopted: March 14 , 2001
Omnibus Vote : Yeas : 6 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
DRAFT 2/28/01
RAGREE/PIONEER.MFA
AGREEMENT
THIS AGREEMENT is made and entered into this st1\
day of Mc*,-ck , 2001 , by and between the CITY OF ELGIN,
a municipal corporation (hereinafter referred to as the
"City" ) and the PIONEER MEMORIAL FOUNDATION OF ILLINOIS, an
Illinois not-for-profit corporation (hereinafter referred to
as the "Pioneer Memorial Foundation" ) .
WHEREAS, the Pioneer Memorial Foundation has
presented a proposal to the City of Elgin whereby the Pioneer
Memorial Foundation would provide for the construction,
purchase, locating and conveyance to the City a Pioneer Family
Memorial Statue (hereinafter referred to as the "Statue
Project" ) ; and
WHEREAS, to assist in the financing of the Statue
Project the Pioneer Memorial Foundation has requested that the
City provide to the Pioneer Memorial Foundation a grant in the
amount of Seventy-Five Thousand Dollars ($75 , 000) and loans in
a total amount not to exceed One Hundred and Fifty Thousand
Dollars ($150 , 000) .
NOW, THEREFORE, for and in consideration of the
mutual promises and undertakings contained herein, and other
good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties hereto agree as
follows :
1 . That the foregoing recitals are incorporated
into this agreement in their entirety.
2 . That on or before April 30 , 2002 , the Pioneer
Memorial Foundation shall provide for the construction,
purchase and placement of the Pioneer Family Memorial Statue
pursuant to drawings for such statue attached hereto as
Exhibit A (such Pioneer Family Memorial Statue is hereinafter
referred to as the "Pioneer Family Memorial Statue" ) . The
Pioneer Family Memorial Statue shall be permanently placed and
located as on the parcel of property as depicted on the
drawings prepared by Hitchcock Design Group from the Elgin
Riverfront Project dated January 22 , 2001 , pages 1 , 11 and 23
of 94 , attached hereto as Exhibit B, or at such other location
as determined by the City.
3 . That upon the placement and location of the
Pioneer Family Memorial Statue as provided herein the Pioneer
Memorial Foundation shall convey all right , title and interest
to such Pioneer Family Memorial Statue to the City of Elgin by
an appropriate bill of sale and at no additional cost or
expense to the City.
4 . That within thirty (30) days of the execution of
this agreement the City agrees to contribute to the Pioneer
Memorial Foundation the sum of Seventy-Five Thousand Dollars
($75 , 000) to be used by the Pioneer Memorial Foundation solely
and only for costs associated with the Statue Project .
5 . That the City further agrees to provide loans to
the Pioneer Memorial Foundation in a total amount not to
exceed One Hundred and Fifty Thousand Dollars ($150 , 000) with
such loan proceeds to be used by the Pioneer Memorial
Foundation solely and only to pay expenses related to the
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. .
Statue Project . The Pioneer Memorial Foundation agrees to
execute any and all loan documents as required by the City
evidencing and documenting any loans provided by the City
pursuant to this paragraph . Such loans shall be made by the
City without interest charges . Such loans by the City of
Elgin shall be made only in the event the Pioneer Memorial
Foundation needs such loan funds to meet cash flow needs prior
to the receipt of other funds to be obtained by the Pioneer
Memorial Foundation for the Statue Project .
6 . That the Pioneer Memorial Foundation represents
that the total estimated cost of the Statue Project is
$413 , 000 . The Pioneer Memorial Foundation further represents
that including the $75 , 000 contribution by the City as
provided for in this agreement that it has to date received
commitments for donations from organizations for the statue
project totalling approximately $460 , 000 . The Pioneer
Memorial Foundation' s agrees to use all such funds solely and
only for the Statue Project . Any monies loaned by the City to
the Pioneer Memorial Foundation pursuant to this agreement
shall be repaid by the Pioneer Memorial Foundation to the City
upon receipt of funds from other sources . Any funds remaining
with the Pioneer Memorial Foundation after the Statue Project
is completed and the Pioneer Memorial Foundation is dissolved
shall be paid over to the City for use by the City for
maintenance of the Pioneer Family Memorial Statue or for any
other riverfront development project as determined by the
City.
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. .
7 . That on or before October 31 , 2001 the Pioneer
Memorial Foundation shall provide written reports to the City
detailing its fund-raising efforts for the Statue Project
including the names of all contributors , the amount of each
contribution and the date of each contribution.
8 . That the Pioneer Memorial Foundation shall
permit the City to inspect and audit all data and records of
the Pioneer Memorial Foundation relating to the Statue
Project , including but not limited to, all documents , data and
records relating to fund-raising efforts, contracts, expenses ,
payments and bank account records relating to the Statue
Project . The Pioneer Memorial Foundation shall make these
records available to the City at reasonable times as requested
by the City.
9 . That the parties understand and agree that the
funding assistance being provided by the City to the Pioneer
Memorial Foundation as provided in the preceding paragraphs 4
and 5 hereof is expressly contingent upon the Pioneer Memorial
Foundation completing the Statue Project and conveyance of the
statue to the City on or before April 30 , 2002 . In the event
that Pioneer Memorial Foundation fails to complete the Statue
Project and conveyance of the statue to the City on or before
April 30 , 2002 , the parties understand and agree that the
Pioneer Memorial Foundation shall reimburse to the City in
full any funds distributed by the City pursuant to the
preceding paragraphs 4 and 5 of this agreement and the City' s
obligation to make any payments to the Pioneer Memorial
Foundation pursuant to this agreement or otherwise shall be
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null and void . In the event che Pioneer Memorial Foundation
does not have the funds on hand to provide such reimbursement
to the City then the Pioneer Memorial Foundation shall turn
over to the City portions of the Pioneer Family Memorial
Statute cast in bronze, any rubber molds , wax positives and
any other by-products of the bronze casting project that may
be completed, excluding the plaster of paris model of the
Pioneer Memorial Statute that is the property of Annie
Rovelstad Lucky.
10 . That to the fullest extent permitted by law, the
Pioneer Memorial Foundation shall indemnify and hold harmless
the City, its officers , employees , agents , boards and
commissions from and against any and all claims, suits,
judgments, costs , attorney ' s fees, damage or other relief, in
any way resulting from or arising out of negligent actions or
omissions of the Pioneer Memorial Foundation in connection
herewith, including negligence or omissions of employees or
agents of the Pioneer Memorial Foundation arising out of the
performance of this agreement .
11 . That this agreement shall not be deemed or
construed to create an employment , joint venture, partnership
or other agency relationship between the parties hereto .
12 . That 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 or its
performance shall be in the Circuit Court of Kane County,
Illinois .
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IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the date and year first written above .
CITY OF ELGIN, a municipal PIONEER MEMORIAL FOUNDATION,
corporation an Illinois not-for-profit
corporation
BySc - r/4rZ By
Ed ock, Mayor its Presiden
Attest : Attest :
v. a.
City
City Clerk Its Secr-M1 y
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City of Elgin Agenda Item No.
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November 1, 2000
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RIVERASARES9URCE
TO: Mayor and Member of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Pioneer Family Memorial Funding Assistance
PURPOSE
The purpose of this memorandum is to Present a request to the Mayr
and members of the City Council from the Pioneer Memoriall
Foundation for funding assistance related to the Pioneer Family
Memorial project .
BACKGROUND
rThe Pioneer Memorial Foundation is in the process of raising funds
for the purchase, casting and location of the Pioneer Fami y
Memorial statue. It is anticipated that the statue will be locat d
adjacent to the Fox River just south of Kimball Street . The
location of the statue has been incorporated within the first phae
of the Phase I Riverfront/Center City Master Plan project .
The Pioneer Memorial Foundation is actively seeking funds from sudh
organizations as: The Elgin Cultural Arts Commission, Kane Count ,
New Century Partnership and the State of Illinois . A number Of
financial commitments have been received to date (Department Of
Commerce and Community Affairs - $150, 000, Kane County ForeSt
Preserve - $75, 000) . Please see the attached correspondence.
The attached correspondence from the Pioneer Memorial Foundation
requests the following assistance from the City of Elgin:
1 . $75, 000 contribution.
2 . $150, 000 as a loan or advance to meet cash flow needs prior to
receipt of other funds .
rft
1
Pioneer Memorial Foundation
November 1, 2000
Page 2
Over the period of September 2000 through September 2001, the
foundation will be required to make installment payments on the
following items :
1 . Purchase and copyright costs .
2 . Casting costs .
3 . Plaque design and development costs .
The Foundation would like the City' s assistance through cash
advances in order to meet the above-mentioned cash flow needs
Advances from the City would be repaid upon receipt of funds froM
other sources . It is the intention of the Pioneer Memorial
Foundation to donate the statue to the City of Elgin following itp
installation along the riverfront. Any funds remaining after the
project is completed would be placed in a maintenance fund that
would be available to the City. Some questions remain as to whp
owns the property where the statue would be located, the City, the
rft. County or the Gail Borden Library. Since the City received the
letter dated August 30, 2000, the Foundation has been able to
adjust its cash flow needs so that assistance from the City will
not be required until January of 2001 .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
(J Funds
IMPACT
Funds for this project are not currently budgeted or available .
The $75, 000 request could be reviewed as part of the 2001 budget
process . All greater-than-anticipated Riverboat dollars have been
reprogrammed into the proposed 2001 budget . The $150, 000 loan
could be programmed in the 2001 budget with the guarantee that
matching state funds are available for repayment . An account and
project number will need to be established as well .
opl/LEGAL IMPACT
An agreement with the Pioneer Memorial Foundation of Illinois will
be required.
eft- Pioneer Memorial Foundation
November 1, 2000
Page 3
ALTERNATIVES
1 . Approve the assistance as requested by the Pioneer Memorial
Foundation.
2 . Approve some level of assistance at a level below th
requested amount .
3 . Approve the level of assistance as requested as part of the
2001 budget .
4 . Deny the request for assistance.
RECOMMENDATION
It is recommended that the Mayor and members of the City Council
enter into an agreement with the Pioneer Memorial Foundation tp
provide $75, 000 in budget year 2001 for the purchase and location
of the Pioneer Family Memorial statue in the location identified in
eimb. the Riverfront/Center City Master Plan and that $150, 000 be
considered in the 2001 budget for cash flow assistance related to
the project .
Respectfully submitted,
Ael
Joirce 4I Parker
City Manager
amp
Attachment
10/25/2000 12:21 6303777045 THE ST CHARLES GROUP PAGE 0
•- A4ii1-1910 11:22 Frac-000A IL F:PST 211-55T-0913 T-014 P.301/002 F-010
1 Illinois Denartment of Commerce and Community Affairs
11e0 !i lytA ?Mr Slledl su{ts
Gromyr/ •
Anwar
To; Elizabeth Believer
FROM Carla Needham, I:linois First Grant Management Unit
• DATE: August 30, 2000
RE: FY 2001 Grant Appropriation • Updated Purpose
Project No.: HR0317
Appropriation Section No.: 36
Amount: $100,000
Purpose: Pioneer Memorial Foundation • to case, install
And pay for the "release of rights"(to
purchase the work and secure the
copyrights from the owner)the Pioneer
Family Memorial sculpture.
Legislative Sponsor: Hoeft
Please be advised that the Department of Commerce and Community Affairs hat
befn given the responsibility of administering the above mentioned grant. In order for us to
begin the p:ocess, you are being asked to complete the enclosed survey form. The
information supplied on this form w;11 allow us to develop a formal grant agreement(legal
document).
Once the grant agreement process is completed and all documents are in order, we
will begin the payment process. Be aware that there is no sat timeline fer grant recipients
to receive their funds; however, processing time Is largely determined by the accuracy of
the information contained in the survey.
Please note that the first page of the survey provides some important points to keep
in mind while filling out the survey. If you have questions, feel free to contact me at
217/557.5067.
Completed surveys may be mailed to: RCCA
Carle Needham
620 East Adams, Mezzanine
Springfield, Illinois 62701
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11/07/2000 11:00 6303777045 THE ST CHARLES GROUP PAGE 02
Illino s Denartment of Commerce and Community AffsWW
pmumpommo
'Gionie a,RYal SIO•
Cvetmar
TO: Guy Believer
Homs for the Pioneer Family
FROM% Stecey Meyer. Illinois FIRST Grant Management Unit
DA'T*: November 2, 2000
RE: Grant Appropriation
Project No.: SR0568
Appropriation Section No.: 1260
Amount: $50,000
Purpose: all costs associated cul casting &
Installation of the "Home for the Pioneer Family"
sculpture by Trygve Rovelstad"
Legislative Sponsor. Rauschenbsrger
Please be advised that the Department of Commerce and Community Affairs
has been given the responsibility of administering the above mentioned grant. In order for us to
._: begirt the process, you are being asked to complete the enclosed survey form. The Information
supplied on this form will allow us to develop a formal Grant Agreement (legal document).
Once the Grant Agreement process is completed and all documents are in order,
we will begin the payment process, Be aware that there is no set timeline for grant
recipients to receive their funds; however, processing time is largely determined by the
accuracy of the information contained In the survey response. Also, please be aware that
If the Grantee has failed to comply with the requirements of any prior grant issued to it by the
Mite,the Department may require that the Grantee cure such deficiencies before the current
grunt rgquest may be finalized.
Please note that the first page of the survey provides some important points to
keep in mind while fi$Nng out the survey. if you have questions, feel free to contact me at
217-78$4154.
Corrpleled surveys may be mailed to: DCCA
Stacey Rieger
620 East Adams
Springfield, Illinois 62701
Fax: 217/557-9B03
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10/25/2000 12:21 6303777045
THE ST CHARLES GROUP PAGE 03
•
`kst F���_� O
LJ
KANE COUNTY
Building G•719 Batavia Avenue•Geneva, Illinois 60134
COOK
)MSC B. 630-2324930
President 630.232-1242
Fax:630.2334924
630-208-2006
08/09/2000
The Pioneer Memorial Foundation of Illinois, Inc .
P. 0. Box 135
Elgin, IL 40121
Re: Pox River Trust
Participation
Gentlemen:
Please accept this letter as formal notification that the Forest Preserve
District of Kane County has, by Commission Resolution FP-R-08-00-1206,
el* committed the sum of 175,000.00 in Fox River Trust Funds to the Pioneer
` Memorial Foundation of Illinois, Inc. for the construction of the
Pioneer family Memorial Sculpture, in the City of Elgin, Illinois. As
Treasurer of the District, I have set these funds aside for this purpose,
and will forward them to your organization, upon successful completion
of the proposed project.
Once the Piodeer Family Memorial Sculpture is completed, please notify
this office. This notification should be in writing, and should have with
it several pictures of the project. President Cook will then assign
Director of field Storvices Duerr to review the completed project, and
forward a recommendation to my office regarding the payment of the funds.
should you wish additional information concerning this matter, please
contact this office.
Very trul . ours,
obsrt i". Quinlan
RJQ/r Business Manager and
Enclosure Secretary-Treasurer
cc; J. Cook
vfcc : E. Believer
- TheSt, Charles Qroup
August 30, 2000
Joyce Parker
City Manager
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Dear Joyce,
We have had recent conversations with Mayor Schock and Ray Moller about the Pioneer Family
Memorial—pledges we have received from the county and the state, and how to generate the
necessary cash to have the piece sent to the foundry and cast in time for the dedication of the Fox
River Dam Overlook.
We have asked the city to match the county's pledge of$75,000, and advance us funds which are
guaranteed by the state's pledge, while we wait for the state to work through its rather lengthy
implementation process. Mayor Schock indicated that he felt that Elgin could support those
requests, and Ray Moller has asked us to outline our cash requirements in a letter to you.
rThe Foundation has about $45,000 in cash right now. The Elgin Cultural Arts Commission has
pledged another$20,000, which goes to the City Council for approval in September, with cash
being available sometime in September or October. We would like to request cash from the city
as follows:
Approximate
Month Cash Requirements Cash From City
September '00 $100,000 $75,000(matching donation)
October '00 $ 3,000 $0
November '00 $ 3,000 $0
December '00 $ 3,000 $0
January '01 $115,000 $96,000(advance/state funds)
February '01 $ 3,000 $0
March '01 $ 3,000 $0
April '01 $ 3,000 $0
May '01 $ 3,000 $0
June '01 $ 3,000 $0
July '01 $ 3,000 $0
August '01 $115,000 $54,000(advance/state funds
September '01 $ 3,000 - if needed)
eibk
6 Aintree Road • St. Charles, Illinois 60174-1415 • 630-377-6548 • FAX 630-377-7045 • 800-790-8080
Please let us know if you need any further information. I'll follow up with you shortly to
determine how to implement this request.
Very truly yours,
Guy . : -I'aver
Representati - of The Pioneer Memorial Foundation
Cc: Mayor Ed Schock
Ray Moller
Steve Youngren, President, Pioneer Memorial Foundation of Illinois