HomeMy WebLinkAbout03-70 Resolution No. 03-70
RESOLUTION
AUTHORIZING EXECUTION OF A NEIGHBORHOOD BUSINESS IMPROVEMENT
PROGRAM AGREEMENT WITH ZANG BROTHERS REAL ESTATE PARTNERSHIP
(187 N. Edison Avenue)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that David M. Dorgan, 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 Zang Brothers Real Estate Partnership for
the property located at 187 N. Edison Avenue, a copy of which is
attached hereto and made a part hereof by reference .
/s Ed Schock
Ed Schock, Mayor
Presented: March 12, 2003
Adopted: March 12 , 2003
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 )1erikday of /y� , 2002,by
and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City"),
and Zang Brothers Real Estate Partnership (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 $11,547.50, 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 Zang Brothers
Real Estate Partnerhsip, 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.
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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.
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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: Zang Brothers Real Estate Partnership
Address: 5N566 Myles Rd.
City: St. Charles
State: IL
Zip Code: 60175
Telephone Number: (630) 377-0191
Property Location of Structures:
187 N. Edison Av.
Elgin, IL 60123
Contact Person: Richard Zang
Ownership Interest: General Partner
Contact Telephone Number: (847) 931-9984
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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 attached hereto as Exhibit A, and Owner
agrees to abide by said guidelines.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first appearing above.
OWN . ang Brothers Deal Estate Partnership CITY OF ELGIN
By: � � c-'` o ,
� By:
U David . Dorgan
Richard Zang, Genertner
ATTEST:
Dolonna Mecum, City Clerk
4
,0OF ECC• J
City of Elgin
g i n
();("N:1,
¢ p Agenda Item No.
E ..
IIED
G
U ,
October 4 , 2002 ECONOMIC GROWTH
TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, City Manager
SUBJECT: Neighborhood Business Improvement Grant Program
Application for Property Located at 187 North Edison
Avenue
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 Zang Brothers Real Estate
Partnership, Richard Zang, General Partner for the property
located at 187 N. Edison Avenue .
BACKGROUND
On March 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 Zang Brothers Real Estate
Partnership, Richard Zang, General Partner. It is located at 187
N. Edison Avenue and is the site of a Domino' s Pizza business.
The property is zoned NB. Three surrounding business properties,
Joseph' s Hair Fashion Salon at 175 N. Edison, Herb' s Bakery at
1020 Larkin Avenue, and the business located at 1032 Larkin
Avenue have received Neighborhood Business Improvement Grant
funds in previous years . The owner proposes the following scope
of work:
1) Remove and replace damaged asphalt .
2) Apply stripes and pavement markings .
3) Create a trash enclosure by pouring concrete around a 4' x
4' and installing a 16' x 16' stockade fence .
4) Cut concrete and remove trash from site .
5) Pour concrete sidewalk, 100' x 4 ' .
•
ruk 187 N. Edison Ave.
October 4, 2002
Page 2
6) Install 6" barrier curb.
Two quotes were obtained for the specified work:
1) Angels Unique Paving Concepts $23 , 095 . 00
2) Northland Blacktop Paving Inc. $29, 980 . 00
The funding provisions of the program provide for 50 percent City
matching funds up to a maximum amount of $15, 000 . 00 . Thus, the
Zang application would qualify for a funding equal to 50% of the
lower bid, or $11, 547 . 50 from the City of Elgin, if approved.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
0 kr---YINANCIAL IMPACT
The total cost of this improvement grant equals $11, 542 . 50 . The
amount of $3 , 925 . 00 is budgeted and available in account number
350-0000-795 . 78-03, project #039538, Economic Development Loans
and Grants . The remaining funding ($7, 622 . 50) would need to be
transferred from another project (s) . There is $1, 600 . 00 remaining
in the Riverboat Lease Fund Economic Development Incentives,
account number 276-0000-791 . 80-27 (budget=$625, 000) and $6, 100 . 00
available in Center City Illumination project number 039531,
account number 275 . 000-791 .45-99 .
Al/ LEGAL IMPACT
An agreement will be required upon approval .
ALTERNATIVES
1) Fund the Neighborhood Business Improvement Grant application
for the improvements at 187 N. Edison Avenue .
2) Deny funding to the project .
3) Approve the request but postpone funding until the 2003
budget is approved.
r
elow 187 N. Edison Ave.
October 4 , 2002
Page 3
RECOMMENDATION
It is recommended that the application for a Neighborhood
Business Improvement Program Grant for 187 N. Edison be
authorized with Zang Brothers Real Estate Partnership in the
amount of $11, 547 . 50 .
Respectfully submitted,
•
Olufemi 'a in
Interi Ci y er
OF/rhm
Attachments
NEIGHBORHOOD BUSINESS IMPROVEMENT PROGRAM
APPLICATION FORM (� �,�
1 . Applicant Pal-An-0 ,7-y)6- Fi 2 Zkv ews fdPrLP lC '/+«rak, 6 ?,
(Name)
Home Address --10U%-(1(0 0A14,ES 12cQ
(Home Address)
i1 .441"-tS =E 6°17 5- G30-377-o(41— eV-01-0141
(City) (State) (Zip) (Phone)
2 . Building or establishment for which the rebate is sought :
I g Va £ Or son) � E
(Street Address)
Applicant is : e�. 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 C4‘
Painting/Tuck Restoration of
Pointing Architectural Feature
Brick Cleaning ApF Landscaping
Exterior ADA Street Furniture
1---"Other
n and Fixtures
/O &
ther (please specify) nog( 04d gd.v 411Cu/1l<
/ 4i;o c_ kof . ems bovii du.
ctgif'p/Or
W/- 'ten Kw ea itas
,
. .
. .
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 .
01111111P Applicant Signature
i/
If the applicant is other tha . , e owner, the following line must
be completed:
I certify that I, the owner of the property at /19S- /44 f "? ti g U o'/
/eji-k- . do authorize the applicant to apply for a rebate
under the Neighborhood Business Improvement Program and undertake
the ap. . ed improvements .
.•MIlliiii Date
4/ ' /0 /
elow 4100e7t ner Sis ur
FOR OFFICE USE ONLY
Date Application Received: (; ' c' .7 1
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
r
(Program Coordinator)
V,.0 va V i f-1 . -,V 1.1IVLLJ uiIl.,+UL I-11v 111v U ( b:i t-U51.� p.
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11111$ "UINI$IIEPAVING CONCEPTS"
P.Q. Box 5092
El itr, IL 60121-5092
Phone: 847/697-0079
Fax: 847/697-0513
October 13,2001
CONTRACTOR OWNER AGREEMENT
Richard Zang / Angels Paving
TOTAL COST: $23,095.00
1.'2 DEPOSIT,BALANCE DUE IN FULL UPON COMPLETION:
All material is guaranteed to be as specified. All work shall be completed in a workman like manor
according to standard practices. Reflective cracking may occur in pavement due to natural forces and
not as a result of improper design or installation. Any alteration or deviation from the above
specifications involving extra costs,will be executed only upon written orders,and will become an extra
charge over and above the estimate. All agreements are contingent upon stokes,accidents or delays
beyond the control of the contractor. Owner/agent to obtain necessarvperrnits. Owner/agent to carry
fire,windstorm and other necessary insurance. The contractor to carry Workman compensation
insurance for contractors employees, General liability and other necessary insurance.
Owner/Agent further understands and agrees that if owner breeches or defaults under this agreement,
owner/agent shall be liable,in addition to the damages set forth above,any other damages or expenses
incurred by the contractor,including but not limited to the payment of all attorneys fees and court cost
incurred by contractor in connection with any action or other legal proceeding one of the subjects of
which includes the contractors right to payment under this agreement
Agreement The prices, specifications and conditions herein are satisfactory and are
hereby agreed to by the owner/agent. The contractor is authorized to do the work as
proposed for which the owner/agent upon completion of said work would make the full
payment. If not paid within 15 days, a 5% Interest will be accrued per month.
Ms.deVille/Contractor Richard Zang
UUL Ji Ui el : 410 • . 1-MULLS UNIQUL PAVING 847 697 -0513 p. 1
MIMS V UNISUEPHN6CANCIPISN
P.O. Box 5092
Elgin, IL 60121-5092
Phone: 847/697-0079
Fax: 847/697-0513
October 31. 2001
Richard Zang
187 N. Edision Ave.
Elgin,I1. 60123
Phone:847/931-9984
Fax:847/931-9986
REMOVE AND REPLACE PROCEDURE
11 Damaged asptalt shall be removed by cutting and/or orindina and hauled away.
Approximately 8,800 sq_ft.
2) Re-grade CA-6 crushed limestone/crushed concrete. if necessary. proof-roll stone
for stability.
31 Apply SS-1 asphalt pruner over said wall areas: applied 0 .025 galisy.
41 Check grades for elevation to assure proper water drainage.
5i Install in two 12)layers. Lay 1-1/2" of bituminous binder mix asphaltic concrete. roll
and compact. Followed by I-1!2" of bituminous surface mix asphaltic concrete, roil
and compact. (Compact each lift using a 16,000-Ib vibratory roller; compaction
being a 97%.
51 Hand-tamp all expose) edges to a 45--degree angle,
STRIPES AND PA VEMEN7'MAR1f/NtiS
11 Stripes per previous layout.
2) All paint material shall meet or exceed Federal Specification TT-19.
Cost: $13,613.00
Trash Enclosure
Pour concrete around 4x4 and install a 16 x16 stockade fence
Cost:$1505.00
Cut concrete wall and remote dirt from site Cost$2.977.00
Concrete Sidewalk 100 x 4 approx. 400 sgIt all specs to meet or exceed Elgin code.
Cost$210000
Install 6-Barrier curb Approx 120 I n Ft. to code Cost-$2.9100.00
69/27/2002 15:54 18479319986 ZANG INSURANCE PAGE 01
_ RAODUCT tta 'O.
Bow. i� CAD�J - g� 7-47V--CCU) .•,. •-
. • proposal Pacitt No. Of PPM
\
rik NORTHLAND BLACKTOP PAVING INC.
P.O. Box 565
ST.CHARLES,ILLINOIS 60174
(630) 5849797 FAX (630) 584.4949
PROPOSAL euDWTTED To PHONE 1 OFTE 1
MR. RICHARD ZANG _•9: - I 9-27-2ri
mut • - - JOB NAME
L185-187 1• EDISON _ PARKINC3 OT REPAI,1R$_._ —
Ct*Y,STATE an0 VP COPE .109 LOCATfON
ELGIN. ILLINOIS 60123 . SAMESL,e,
Aa0Vx
ARCMTSOY 1 Ogre OF PLANS -JOE PHONE
RICHARD ZAN .
We hereby submit spedficatgfl6 and estimates Ior.
8...A..§69..,.JS.,_....,....OF....ASPHALT ...PAVING AREA. _...___.........._..
REMOVE EXISTING ASPHALT ON ENTIRE .LOT ABOVE.,, ROV
EMECQNCItE, E RETPTPIER ,,
'�YYW11-1 ALL,-�PUBLIC-SMDEWALK, SIDEWALK ON SOUTH SIDE OF BUILDING,AND CURB,
FURNISH AND INSTALL 128 LINEAL FEET OF CONCRETE CURB. 100 ,..., . „5..`.,. ,,
r_ ,. , , ,
RU�LrC S 'DEWALK� ND-'3'X 'icii SiDEwi ,tt SOUTH SIDE OF BC7ILDINO,
EXCAVATE AND SLOPE 15.X 35' A_gEAt FURNISH AND INSTALL 16'X...16' . TAMIL__,__,.,....,,,.
ENUM-gin-Mitt,- FURNISH AND INSTALL 2 INCHES OF BINDER COURSE ASPHALT
AND 2 INCHES OF SURFACE COURSE ASPHALT OVER ABOVE 8,_660_.,AQ_• „k"fi.,. ARRNG ..,..,,,.
LOT-
LABOR AND MATERIALS TOTAL X29,-980.00,., •
It provost hereby to furnish matorlai and labor--complete In accordance with above specifications,for the sum Of:
TWENTY NINE. THOVEAND NINE NDRED ET lift M1D. LIDO*******douara(s 29.911O.10 ),
Payment to be made of follows: i
ITE��30 DAYS .
Al malarial h 4vererdead to be ee epecl6ed,All worn o De oomolelad in a wahnuudike Auttrortzed ���
n
maor mine to'tendon!mum.Any alleri ar d!Mettami tVCm*are 1bIS
inrvwa a eats coast WM be oaectMd my uom erihn cedere,and reel beeves en edit Signature 1,
thing Omer and agileagilethe essay**.At agreement*�wwnmen eh MeetMeet*Ceklents GINE SM , PRESIDENT
or delays beycrd our co .Ouster a wary fee.Nowa and ether neoemary Ineefenee. "'NI: fNOpO -',
..
our orkers aro h'at'covered aae,by workmen%Cempenesnem m�eunWhhoraMM by as it nde Neaet,,ted _ 15 dflys
tea., /
Armin= of Proposal -The above Daces.specifications
r21>
Ind eoedibons ate satisfactory and are hereby eeeepted. You are authorized Signature _
to do the Berk as silex ed.Pa lrfleht Wit be made es outlined above,
Data Of ACCeptttnoe: . Slpn?btre . .
•
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