HomeMy WebLinkAbout01-78 r
Resolution No . 01-78
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/ John Walters
John Walters, Mayor Pro Tem
Presented: March 28 , 2001
Adopted: March 28 , 2001
Omnibus Vote : Yeas 5 Nays : 0
Attest :
s/ Suellyn Losch
Suellyn Losch, Deputy City Clerk
PURCHASE OF SER- ICE A EEN:N T _="7" E EN
_. 'OHO'O/R 'J'0'_ HOJ:-NG SERVICES OF EL ITa , INC .
000 THE CITY C
THiS ACREEillENT is made and entered this yra day of
/4/a/2/`L.- 2001 , and betweenthe City of Elgin, Illinois ,
s ,
municipal corporation, (hereinafter referred to as "City" )) an_
N- onbo' hood Housing Services of Elgin, .nc . , an Illinois not - for-
profit corporation (here�na f- �r reFe—red 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 _awful nonconforming multifamily residential properties to
single family 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
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 March 31 , 2001 , City shall pay to NHS the sum
of One Hundred Thousand Dollars ($100 , 000 . 00) .
2 . NHS shall directly and solely utilize the aforementioned
$100 , 000 to recapitalize the 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 properties into single-
family residences ;
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 . Doe_ the :it ; capitalization provided for herein to
leverage additional 'pond and other private dollars ;
e . Select projects using reasonable objecti-, cr '.Y a
establshed b7 N
f . Insure that all work performed shall be in
compliance with all applicable city codes and
ordinances , specifically including, but not limited
to, app o . ed final inseec _=:nom .
4 . NHS shall establish a separate fund fOr the funds provided
for herein . The fund is to be accounted for separately in :he
annual NHS audit . NHS shall no: 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 :.is agreement .
6 . This agreement may be terminated by City upon fifteen (15)
days written notice to NHS for any reason.
7 . NHS shall provide two written reoortS detailing the
disbursement of $100 , 000 . These reports shall be provided to the
City Council by May 31 , 2001 , and December 31 , 2001 , and shall
include all program activity. These reports shall be submitted to
the City Manager' s Office, City Hall , 150 Dexter Court , Elgin, iL,
60120 .
8 . NHS shall provide the City with financial statements
relative to the organization' s total operations . These statements
shall be provided on or before July 31 , 2001 and December 31 , 2001 .
9 . 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 .
10 . This agreement shall be subject to and governed by the
laws of the State of Illinois .
11 . 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 .
12 . This agreement shall not be deemed or construed to create
an employment , joint venture, partnership or other agency_
relationship between the parties hereto
13 . In the even_ the program: for wh_ _h the City funds
Jnr. . _'ded herein are to be arn_ ied is i_ co._.___._,ed or NHS ceases _ce
oceraci o ns eriot to December 31 , 2'3(11 , ALJ shall refund
on a prora.a basis the funds bald hereunder for the portion of tne
yar e --e- - n J ater anv such cerm _'_at " n or ic- the rortion of she
rear such o-odram.s or NHS operations `.ve_e not conducted.
CITY OF 711:_N NEIGrB4OR COD ROUSTING SERVICES
Or ELGIN, INC .
B7C--- 61, ::
O ice . Parker JF _ Gook _.
City Manager beard Presidens
Attest :
OV&11.,Y\--C f -CA6•—
Dolonna Mecum, City Clerk