Loading...
HomeMy WebLinkAbout02-262 Resolution No. 02-262 RESOLUTION AUTHORIZING EXECUTION OF A NEIGHBORHOOD BUSINESS IMPROVEMENT PROGRAM AGREEMENT WITH PAUL W. HURLEY (452 Bluff City Boulevard) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim 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 Paul W. Hurley for the property located at 452 Bluff City Boulevard, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: July 10, 2002 Adopted: July 10 , 2002 Omnibus Vote : Yeas : 6 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 this AA,V0 day of 'S cL , 2002,by and between the City of Elgin, Illinois, a municipal corporation(hereinafter refe ed to as "City"), and Paul W. Hurley(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 NB Area,pursuant to the criteria of the Program and as set forth herein; and WHEREAS, Owner owns a building, located within an 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 or tenant a sum not to exceed 50%of the total approved project costs, the City's share of such costs not to exceed $6,242.50, 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 Paul W. Hurley, 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 Project Review Team pursuant to the provisions of Section 3 herein. 1 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 Economic Development and Business Services,Property Maintenance Manager 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. Section 6. City shall pay to Owner the sum provided for at 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. Section 7. In the event Owner fails to comply with the terms of this agreement, said failure to be determined in the sole discretion of the City, the 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 the 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. 2 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 Purchaser(s) of Structure with a copy of this Agreement and any real estate contract for the sale of the underlying real estate shall be contingent upon the Purchaser's acceptance of the assignment of this agreement if said sale is within five(5)years from the signing hereof. This Agreement shall run with the land underlying Structure. Section 11. Owner's 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. Owner hereby holds harmless and indemnifies City, its officers, agents, employees, boards and commissions 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 or Owner's agents, employees and assigns' negligent performance of any of the terms of this Agreement. In the event of any action against the City of Elgin, such action shall be defended by legal counsel of the City's choosing. 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: Paul W. Hurley Address: 900 Gerald Av. City: South Elgin State: IL Zip Code: 60177 Telephone Number: (847) 695-9412 Property Location of Structures: 452 Bluff City Blvd. Elgin, IL 60120 Ownership Interest: Owner Contact Person: Paul W. Hurley 3 Section 17. The City of Elgin Neighborhood Business Improvement Grant Program Guidelines dated June 17, 1999, as such guidelines may be amended from time to time by the City, are hereby incorporated into this Agreement., and Owner agrees to abide by said guidelines. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first appearing above. OWNER CITY OF ELGIN F a U By: % ... Y Paul W. Hurley r Interim City er ATTEST: 90-146.4"--424A.4.444.--. Dolonna Mecum, City Clerk 4 • /,OFEt ti Agenda Item No. V3 City of Elgin L G June 21, 2002 N �' ECONOMIC GROWTH TO: Mayor and Members of the City Council FROM: Olufemi Folarin, Interim City Manager SUBJECT: Neighborhood Business Improvement Grant Program Application for Property Located at 452 Bluff City Boulevard, Elgin, Illinois PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information regarding an application for the Neighborhood Business Improvement Grant Program from Paul W. Hurley for property located at 452 Bluff City Boulevard. BACKGROUND On March 1999, the City Council adopted guidelines for the implementation of the Neighborhood Business Improvement Grant 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 . Properties must be zoned either NB (Neighborhood Business) or RB (Residential Business) to be eligible for grant funds through the program. The property in question is owned by Paul W. Hurley. It is located at 452 Bluff City Boulevard. The property is zoned NB. The owner proposes the following scope of work: 1) Masonry repair to concrete block building, all sides, including a one-story addition at rear elevation, to match existing mortar as close as possible, and sealing all open concrete coping joints. Two cost estimates were obtained for the specified work: 1) Arrow Masonry and Exteriors $3, 860 . 00 2) Seyller' s Inc. $3, 900 . 00 r ellb. 452 Bluff City Boulevard June 21, 2002 Page 2 2) Window replacement, to consist of 17 windows, double-hung, with thermal pane glass and screens and new interior wood casing. Exterior wood trim to be encased with aluminum and sealed with caulk. Cost estimates from two firms were obtained for the specified work: 1) Homestead Remodeling Company Inc. $8, 625 . 00 2) Mega Window Magic Least quality $9, 734 . 88 Medium quality $10, 026. 87 Best quality $11, 026 . 17 The funding provisions of the program provide for a 50 percent City match up to a maximum amount of $15, 000 . Thus, the Hurley application would qualify for a funding level of $6, 242 . 50 from the City of Elgin. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED elik None. 064— • FINANCIAL IMPACT The total cost for the rehabilitation will equal $12, 485. 00 with the City' s share totaling $6, 242 . 50 (50% of $12, 485. 00) . Sufficient funds ($50, 000) are available in account number 270- 0000-791 . 78-99, Rehabilitation Grants, project number 299504, to cover this expense . LEGAL IMPACT None. ALTERNATIVES 1) Fund the project . 2) Deny funding to the project. r - 452 Bluff City Boulevard June 21, 2002 Page 3 RECOMMENDATION It is recommended that the City Council approve the application from Paul W. Hurley for Neighborhood Business Improvement Grant funds, and that a Neighborhood Business Improvement Grant Program agreement be authorized with Paul W. Hurley in the amount of $6, 242 .50 . Respectfully submitted, Olufemi F grin Interi Ci ger OF/bi Attachment emk r