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HomeMy WebLinkAbout05-127 • r • Resolution No. 05-127 RESOLUTION AUTHORIZING EXECUTION OF A NEIGHBORHOOD BUSINESS IMPROVEMENT PROGRAM AGREEMENT WITH RAJEH ASSAD (455 Bluff City Boulevard) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,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 Raj eh Assad for the property located at 455 Bluff City Boulevard, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: April 13, 2005 Adopted: April 13, 2005 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 f377,11 day of April _, 2005, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") , and Rajeh Assad, (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 RB and NB Areas, pursuant to the criteria of the Program and as set forth herein; and WHEREAS, Owner owns at least 50% of a building(s) , or is the tenant of a business related building(s) located within an RB or 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 mutually acknowledged, the parties hereto hereby agree as follows: Section 1. City shall pay to Owner a sum not to exceed 50% of the total approved project costs; provided, however that the City shall not be liable for any such cost in excess of $15, 000 for exterior improvements approved pursuant to the provisions of 1 • 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 Rajeh Assad, 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. 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 Business Services and Properties, Manager of Property Maintenance 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 2 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 or in the contractor statement. Section 7 . In the event Owner fails to complete the Work in accordance with the terms of this Agreement, or otherwise breaches the terms of this Agreement, 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 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. 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 Owner(s) of Structure with a copy of this Agreement. This Agreement shall run with the land underlying Structure. Section 11. If Owner does not own the underlying property for which work is being done, Owner warrants and represents to City that Owner has a lease at the location for which the work is proposed for a term of at least five (5) years . Owner further warrants and represents that he has received authorization from all owners of the property for which work is to be done to accept funds under this program and to undertake the work. Further, such owner(s) of the property for which work is to be done hereby acknowledges that he is aware of this Agreement and authorized 3 • the work which is to be made to the Structure. Said owner(s) of the property for which improvements are to be made further acknowledge that, as owner of the property, he is a party to this Agreement and is bound by the provisions of this Agreement specifically, but not limited to, the provisions of Section 6 of this Agreement. Each "Owner" 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 . Each Owner and Tenant hereby holds harmless and indemnifies City 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' s or Owner' s agents, employees and assigns' negligent performance of any of the terms of this Agreement. 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. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be in the Circuit Court of 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: Rajeh Assad Address: 3424 W. Brenwick Dr. City: Peoria State: IL Zip Code: 60145 Telephone Number: (309) 253-4800 Property Location of Structure: 455 Bluff City Blvd. Elgin, Illinois. Ownership Interest: Owner Contact Person: Mohamad Assad Owner' s Name: Address: City: State: Zip Code: Telephone Number: 4 Property Location: Ownership Interest: Owner: Owner' s Name: Address : City: State: Zip Code: Telephone Number: Property Location: Ownership Interest: Tenant: Owner' s Name: Address: City: State: Zip Code: Telephone Number: Property Location: Ownership Interest: Section 17 . The City of Elgin Neighborhood Business Improvement Grant Program Guidelines dated February 4, 1999, as such guidelines may be amended from time to time by the City, are hereby incorporated into this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first appearing above. OWNER CITY OF ELGI. i/ ,r By: `► \`' C .1Z2 Olufemi •larin, City Manager ATTEST: Dolonna Mecum, City Clerk 5 CITY OF ELGIN o , o ; ¢ NEIGHBORHOOD BUSINESS IMPROVEMENT 0, ` -C,,' GRANT PROGRAM oc- GUIDELINES I. INTRODUCTION II. TARGET AREA III. TYPE OF ASSISTANCE IV. OWNERSHIP V. ELIGIBLE IMPROVEMENTS VI. INELIGIBLE IMPROVEMENTS VII. APPLICATION PROCESS AND ADMINISTRATIVE PROCEDURES VIII. CORRESPONDENCE IX. APPLICATION I. INTRODUCTION The City of Elgin has committed to assisting businesses and neighborhoods by assisting neighborhood business areas.In 1998,the City authorized the Neighborhood Business Improvement Grant Program (NBIGP), a partnership grant program for building and grounds improvements. The NBIGP offers reimbursement for eligible improvements to businesses enrolled in the program.Under the program, owners of property or owners of businesses located within the designated target areas are eligible to apply for grant funds equal to 50 percent of the cost of improving their storefronts,building facades or grounds. II. TARGET AREA Buildings and properties must be zoned either NB (Neighborhood Business) or RB (Residence Business) to be eligible. NB business districts offer convenience commodities and services to a neighborhood. RB business districts allow both residences and businesses built at a residential scale along arterial streets.NOTE:The Elgin downtown area is not eligible for participation in the NBIGP. However,the City of Elgin offers several assistance programs specifically for businesses located in the downtown.For more information,contact Ray Moller,Director of Economic Development&Business Services at(847) 931-6749. III. TYPE OF ASSISTANCE After approval in the program,property owners can receive matching funds equal to 50 percent of the project cost, up to a total City of Elgin contribution of$15,000.00 per location. IV. OWNERSHIP An eligible applicant may be the owner of a commercial building or the owner of a commercial business located in the target area. A business owner who is a tenant in a building for which NBIGP funds are . sought must provide written consent from the building owner for all proposed improvements. The tenant-applicant must have at least a five-year lease at the location in order to apply under the program. V. ELIGIBLE IMPROVEMENTS The NBIGP is intended to fund improvements ranging from signs compliance and landscape enhancements to complete facade restorations. Eligible improvements include: X Upgrading non-conforming signage to code compliance X Landscaping X Exterior lighting X Street furniture(must be approved and licensed by the City of Elgin) X Parking area improvements X Storefront/facade enhancements X ADA Handicap accessibility- ramps, doors, etc. Architectural and other design work are eligible costs under the program.Architectural drawings are not required. Potential enhancements visible from a public right-of-way are eligible for funding in the NBIGP. • All work funded under the NBIGP must conform to all applicable code and ordinances. VI. INELIGIBLE IMPROVEMENTS It is not the purpose of the program to finance ongoing improvements which could be considered part of a building=s routine maintenance. Building additions shall not be funded. Each eligible improvement shall be funded by the program only once. The program is not intended to assist in funding improvements not readily visible from the public right-of-way. Ineligible improvements include improvements to the building interior(remodeling floor, office, or display spaces)or exterior maintenance work such as roof repairs/replacements. VII. APPLICATION PROCESS AND ADMINISTRATIVE PROCEDURES 1. Applicants shall receive a copy of the program guidelines and application form.The completed application should be submitted to the Program Coordinator. 2. Applications will be reviewed by staff for compliance with all program guidelines. A site inspection will be completed by the City of Elgin=s Code Administration staff for an inventory of any violations of the property maintenance, building, or zoning codes. Applicants do not have to be in complete code compliance at the time of application for the program but must be compliant on the building exterior before reimbursement can be made to the business. 3. If an application meets the program guidelines, and sufficient funding is available for the proposed project, the completed application and a recommendation for grant award will be made to the City Council. The City Council shall authorize execution of a grant agreement.An appeal of any application denial by staff may be made to the City Council.The applicant shall notify the Program Coordinator in writing (by return receipt mail) with a request to appeal within ten working days of receiving notice of the disapproved application. The City Council will hear the appeal and review the facts and may vote to uphold or reverse the staff decision. • 4. No reimbursement shall be made for work initiated or completed prior to the execution of a grant agreement. 5. All required work shall be completed within one year of execution of the grant agreement. 6. Following the approval of a completed application,and after the applicant has received at least two cost estimates for each of the approved proposed work items, the applicant shall notify the Program Coordinator as to the contractor(s) selected, the contract amount(s), and the anticipated date of project completion. Copies of all bids and proposals shall be submitted promptly to the Program Coordinator.The program shall fund an amount based on the lowest reasonable bid for each work item.This determination does not affect the applicant's selection of contractor. The applicant may not serve as his/her own contractor. 7. When applicable,building permits shall be obtained by the applicant before the work begins. ALL PROJECTS MUST APPLY FOR A CERTIFICATE OF OCCUPANCY, if none exists for current uses in the building. Questions regarding permit requirements should be directed to the City=s Department of Code Administration at 847 931-5910. 8. All exterior work funded by the NBIGP for properties that are located within designated local historic districts or that are located in areas officially designated as Elgin landmarks, must comply with the requirements of the Elgin Design Guideline Manual for historic districts. Proposed work is subject to review and approval by the City of Elgin Planning and Preservation Coordinator and/or the Elgin Heritage Commission. For more information, or to obtain a copy of the Historic District Design Guidelines,contact RuthAnne Hall at 847 931-6104. 9. After the agreement has been executed and all necessary permits have been issued,work may proceed. All change orders must be approved by the program coordinator in writing. 10. After completion of the project, copies of all bids, contracts, invoices, lien waivers, and cancelled checks must be submitted to the Program Coordinator. City staff will inspect the •work for compliance with City codes and conformance with the design plans approved for the project. Payment shall be made to the applicant within 30 days of final project closeout by the City. VIII. CORRESPONDENCE Questions and comments regarding this program may be directed to: Raymond H. Moller,Director Economic Development and Business Services City of Elgin 150 Dexter Court Elgin, IL 60120 (847)931-6794 " PROPOSAL J. B. Harris & Company, Inc. 514 Van St. Elgin, IL 60123 847-741-8875 Contractors' Copy Date: September 6, 2004 Submitted to: Mike Stop and Shop 455 Bluff City Blvd. Elgin, IL 60120 Proposal hereby submitted for the following: - Demolition and disposal of front wooden façade. Façade is attached to brick front on building. - Scaffold exterior of building to work on overhang. - Shore up building on the inside to accommodate demolition of brick front - Cut openings in brick front to accommodate new storefront windows. While open install steel lintels above all openings. Finish brick openings to allow for 8-foot wide and 6-foot tall storefront windows. Finished openings shall consist of limestone sills and returned brick sides. - Windows to be '/4 inch clear tempered glass set with head receptors and sub sills - Window frames shall be aluminum framing TF450. Frames shall be set in accordance with manufacturer specifications. - Tuckpointing of front of building where needed. - Pressure wash front of building. - Installation of 6 recessed light fixtures in soffit in front of the store. - Rebuild soffit and front parapet. Trim out and finish. - Paint all wooden surfaces on front of building. - Removal of all scaffolding and temporary shoring structures. - Clean up of all debris and cart off. - Removal of existing parking lot. New gravel base and two layers of asphalt. Install parking bumpers where necessary. Handicap spaces per Elgin City code. - Removal of fencing in parking lot to allow for an extra parking space. - Reinstallation of fencing for a dumpsite at the end of the lot. - Repair interior wall where damaged under new windows. Trim out accordingly. . - Board up openings overnight while waiting for windows. Total Bid: $51,800.00 This is not a bearing contract. Prices are good for 30 days after date printed on proposal and the costs for materials have not increased. Upon receipt of signed proposal and prior to start of job a contract will be presented and deposit collected. Please call if you have any questions. Acceptance of Proposal: Date: Page 1 of 2 • ANDERSON PROPERTIES COMMERCIAL& RESIDENTIAL REHABILITATION 384 DIVISION STREET ELGIN, IL 60120 (847)742-0539 Proposal PREPARED FOR: DATE: 9/04/04 Name: Stop-N-Shop Attn: Mike Address: 455 Bluff City Blvd. Elgin,IL 60120 Phone: 847-931-2337 FOR WORK AT: Same Description of Work Removal and disposal of existing wood facade to expose original brick face. Secure existing soffit to newly exposed brick.Remove all fasteners.Supply dumpster and clean up of all debris. Cut 3 openings approximately 6'x 8'in existing brick front.Install steel lentil as necessary.Install limestone sills.Temporary support as necessary to conduct work.Finish brick work to match existing.Openings ready for windows. Install 3 windows approximately 6'x 8'.Windows to be commercial grade store front windows with mill finish to match existing door. Install 6 incandescent can light fixtures in existing soffit using existing power.Removal of existing fixtures and repair damage where removed. Chemical cleaning of brick face of building. All carpentry to tie old soffit into brick.Necessary carpentry in brick openings to accommodate window installation. Caulk,paint,and touch up of all wood surfaces. Tuck-point as necessary entire face of building to match existing brick. Removal of existing fence and reinstall in new location as designated by owner • Remove existing parking lot.Blacktop original footprint.Mark parking spots per code.Install car bumpers as necessary. Board-up openings created for windows until installation. Repair interior front wall damage created by necessary exterior wrok. All work to be completed for the sum of: $ 54,750.00 * Permits by owner * Does not include any architectural fees * Any damage to exposed brick front not created by attachment of wood facade will be additional charge * Terms: 50%to start,balance upon completion * Proposal may be withdrawn if not accepted within 30 days 9/7/& J Anderson Date Acceptance Date l°Fe/. 'ti Agenda Item No. City of Elgin , max. March 4, 2005 G - N ECONOMIC GROWTH TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager Raymond H. Moller, Economic evelopment & Business Services Director SUBJECT: Neighborhood Business Improvement Grant Program Application for Property Located at 455 Bluff City Blvd. 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 Rajeh Assad, owner of 455 Bluff City Blvd, Stop and Go Food Mart). RECOMMENDATION It is recommended that the City Council approve the application for a Neighborhood Business Improvement Program Grant with Rajeh Assad for 455 Bluff City Blvd. in the amount of $15,000. 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 Rajeh Assad. It is located at 455 Bluff City Blvd. and is the site of the Stop and Go Food Mart. The property is zoned NB. The owner proposes the following scope of work: 1) Parking lot improvements 2) Exterior lighting 3) Brick cleaning 4) Painting and tuck pointing 5) Window and door replacement Neighborhood Business Improvement Grant Program March 4, 2005 Page 2 Two quotes were obtained for the specified work: 1) J.B. Harris & Company $51,800 2) Anderson Properties $54,750 The funding provisions of the program provide for 50% City matching funds, up to a maximum amount of $15,000.00. Thus, the Assad application would qualify for a funding equal to $15,000.00 from the City of Elgin, if approved. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None 7FINANCIAL IMPACT The total cost of this improvement grant equals $15,000. There is currently $733,460 budgeted and $150,000 available in the Riverboat Lease Fund, Economic Development Incentives, account number 276-0000-791.80-27 to enter into this contract with Mr. Assad. ji ,--pvt EGAL IMPACT An agreement will be required. ALTERNATIVES 1) Fund the Neighborhood Business Improvement Grant application for the improvements at 455 Bluff City Blvd. 2) Deny funding to the project. Respectfully submitted for Council consideration. OF/rhm Attachments /7-:7.)dyroieb ,4 5 gt • t‘i(Xtg ( en cif 31 - .2 3'-;!:'7 IX. CITY OF ELGIN NEIGHBORHOOD BUSINESS IMPROVEMENT GRANT PROGRAM Application Form j , /�f `�/?4•� ,,,...71. 1. Applicant information ty Name: ki9 1-/ /51.C.5/10 Home address: s`/d-Y CO 3,12-Ernw%t=k ,712- Pr'O if /z- Phone: 369- Fax: 2. Business information (the building or establishment for which the(grant is so ght) t";;' Name: Sivp N ,c//nc' Fodp / ��% Address: if-CS 84o f l' C, ry Phone: 82.- 7- 6 1.5'- 7`// Fax: Applicant is: Owner / Tenant If tenant, term of lease: Is this location a commercial building or a commercial business? Yes I/ No Facade to be improved: Front V Side Rear 3. Addresses of additional storefronts,if any: Total number of storefronts: Total number of stories: 4. Proposed use of program: Canopy/awning Signage 1� Windows/doors V Exterior lighting cf Painting/tuckpointing Restoration of architectural feature Brick cleaning Landscaping Exterior ADA accessibility Street furniture and fixtures Other(please specify) 2,K JAIL G o7' 5. Statement of Understanding: A. The applicant(undersigned) agrees to comply with the guidelines and procedures of the Neighborhood Business Improvement Grant 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. 'Applicant's signature: A.-}-a— Date: 9- 8--© Y If the applicant is other than the owner, the following line must be completed: I certify that I, the owner of the property at do authorize the applicantto apply for a rebate under the Neighborhood Business Improvement Grant Program and to undertake the approved improvements. Lease beginning date: Lease ending date: evs66 Owner's signature: Date: Return completed application form to: Raymond H.Moller,Director Economic Development and Business Services City of Elgin 150 Dexter Court Elgin,IL 60120 FOR OFFICE USE ONLY Date application received: Zoning: Minimum of two cost estimates obtained for each work item: Yes No Ineligible improvements, if any: Grant Approved Date: Grant Denied Date: Total estimated project cost: $ Reason: Percent applied for grant : Total amount of grant: $ r Program Coordinator: Raymond H. Moller FINAL r SERVICE AGREEMENT THIS AGREEMENT is made and entered into on this of , 200_, by and between the ELGIN AREA CHAMBER OF COMMERCE, an Illinois not- for-profit organization, (hereinafter referred to as the "Chamber") and the CITY OF ELGIN, ILLINOIS, a municipal corporation, (hereinafter referred to as the "CITY") . WHEREAS, the City of Elgin, Illinois has determined it to serve a beneficial public purpose to foster economic growth within the community through the expansion and redevelopment of existing business and industry; and WHEREAS, the City of Elgin has further determined it to serve a beneficial public purpose to foster economic growth through the attraction of new business and industry; and WHEREAS, the Chamber has developed an economic development program to be implemented by the Economic Development staff (hereafter referred to as the "ED") ; and NOW, THEREFORE, in consideration of the mutual promises and rik covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1. The City shall pay to Chamber the sum of$130,076 to be made in four equal payments. The first payment will be made following the execution of this agreement. The second payment shall be made by April 1, 2005. The third payment shall be made by July 1, 2005. The fourth payment shall be made by October 1, 2005. 2. Chamber shall address all inquiries and requests made pursuant to this agreement to City's Director of Economic Development and Business Services. 3. Chamber shall apply the$130,076 contribution to operating expenses such as staff salary and benefits, rent, meeting expenses, and expenses associated with sponsorship of community events. See Attachment A for a line-item budget. 4. The City of Elgin will commit $76,000 in additional funding for the Enhancing Elgin Marketing Program, matching $38,000 in Chamber and private contributions. 5. The Chamber shall follow its Years 2005-2008 prioritized four-year strategy focusing on five priorities: Workforce Development,Business Retention&Expansion,Enhancing the Elgin Area, Business Recruitment and Transportation & Development. rbb - 1 - • FINAL 6. Workforce Development Initiatives proposed for Year 2005. The Chamber shall: a) Continue as an active participant of the River Valley Investment Development Board (hereinafter referred to as the "Workforce Investment Board (WIB)"), the primary workforce oversight agency of the State of Illinois. b) Continue collecting labor market information;wage,benefit and salary data;and other pertinent data from existing sources. c) Coordinate on Elgin's behalf with county, state and federal workforce agencies. d) In coordination with the WIB Marketing Committee, continue the marketing of the Elgin Area workforce and training partners of the "One-Stop" partnership and its "Business Solutions Strategy,"providing coordinated services to employers. e) Continue to facilitate the workforce and training requests made by new and existing Elgin employers. f) Use the Workforce Development Committee,established in 2000,to assist in items a) through e). 7. Business Retention& Expansion Initiatives proposed for Year 2005. The Chamber shall: a) Visit a minimum of 30 specific businesses and industries where retention efforts will likely be most productive. b) Conduct no less than three round tables with Elgin employers,to be coordinated with the City. c) Prepare an annual report for 2004 to the City of Elgin in the first quarter of 2005. 8. Enhancing Elgin Initiatives proposed for Year 2005. The Chamber shall: a) Raise $38,000, matching the City's commitment of$76,000. (See Item 4 above.) b) Provide staff support, as necessary,to steer the process. c) Extend the Enhancing Elgin Campaign. A proposed Project Schedule for the Enhancing Elgin Campaign is attached hereto as Exhibit B. The tasks for the fourth year of the Enhancing Elgin Campaign shall consist of those tasks in Exhibit B listed in the Months of January 2005 through December 2005. The Chamber shall provide the City a written report regarding the completion of the Enhancing Elgin Campaign on or before January 31, 2006. The Chamber shall also make a presentation to the City Council regarding the Enhancing Elgin Campaign at a time as requested by the r' City. For the services related to fourth year of the Enhancing Elgin Campaign the - 2 - • • FINAL City shall pay to the Chamber the lump sum of $76,000 for all fees, costs and expenses related thereto. Such payment shall be made by the City to the Chamber within thirty(30) days of the execution of this agreement. 9. For the Year 2005, The Transportation& Development Committee of the Chamber shall: a) Budget $1,000 for the committee. b) Develop, in conjunction with City staff, a program of work for 2005. 10. Business Recruitment Initiatives proposed for Year 2005. The Chamber shall: a) Attend three trade shows: The Spring and Fall Chicago shows of International Council of Shopping Centers (ICSC), and the Association of Industrial Real Estate Brokers (AIRE). b) Continue to write and distribute quarterly press releases highlighting Elgin. c) With the Business Recruitment Committee, continue to identify available retail, commercial and industrial properties not currently on the market. d) The Business Recruitment Committee will continue to set appointments with targeted retail site selectors. 11. In order to complete items six through ten, Chamber volunteers will contribute more than 2,000 hours of time, based upon actual hours logged in the years 2002, 2003 and 2004. 12. Other Economic Development (ED) activities and reports not specified under the above mentioned committees. The Chamber shall: a) Continue to collaborate with the City of Elgin to develop a strategy for attracting desirable retail businesses to the Randall Road Corridor. This includes, but not limited to,reviewing current marketing data,actively marketing the Randall Corridor to various corporate retail representatives. b) Continue to respond to prospective and existing business inquiries on a daily basis, providing data, information and technical advice regarding business growth and development. Typically, 300 such inquiries are made annually with many requiring follow up. c) Continue the maintenance of an Elgin employer database. This database provides the information to produce industrial reports, including a manufacturing list, on any of the eight SIC/NAIC sectors. d) Maintain the building and sites databases for Chamber members and Challenge 21 - 3 - • FINAL rik investors. Continue distributing building and site information for other Elgin properties through a license agreement with Loopnet.com. e) Maintain customized data of the Elgin market not provided above to address prospect requests. Information is maintained on demographics, wage, salary and benefit information, labor information and other data gathering as required. f) Provide technical support to DNA, as requested by Ray Moller, City Economic Development Director. g) Provide additional support to the City staff, including attendance at Development Review Team meetings. h) Continue to provide monthly and quarterly ED reports to City representatives and an annual report to the City Council. i) Maintain formal relationship with the Kane County Economic Development Advisory Commission and staff j) Maintain formal relationship with the WIB and seat on the Executive Committee. (Monthly meetings and related committee work fulfills many of the workforce committee requirements). k) Represent the City at required DCEO functions. (In 2004, these activities ranged from participating in The Governor's Regional Economic Development Planning Meeting to attending prospecting meetings). I) Prepare and conduct the annual economic .development session of the Elgin Leadership Academy. m) Other duties as circumstances require. 13 The Chamber shall facilitate the activities and meetings of the Economic Development Council (EDC) and the Economic Development Advisory Council (EDAC). The ED staff shall function consistent with the budget provided as Attachment A. 14. The Chamber shall provide two written reports detailing the disbursement of$206,076. These reports shall be provided to the City Council by July 31, 2005 and January 31,2006, and shall be submitted to the City Manager's Office, City Hall, 150 Dexter Court,Elgin,IL 60120. 15. The City shall have the right to review all accounting records related to the use of the $206,076, given 72 hours notice, and at a time agreed upon by both parties. 16. Failure to perform the above services to the satisfaction of the City Council shall result in a termination of this agreement. 17. The Chamber shall to the fullest extent permitted by law indemnify, defend 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,damages or other relief arising out of or in any way connected with the existence of or the performance of this agreement including but not limited to as a result of any negligent or unlawful actions by the Chamber, its officers, employees or agents in the performance of this agreement. Nothing herein -4 - • FINAL affects the Chamber's duty to defend the City. In the event of any action against the City,its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the City's choosing. 18. In the event this agreement is terminated or in the event the program for which City funds provided hereunder to be applied is discontinued or the Chamber ceases operations prior to December 31, 2005, the Chamber shall refund to the City on a prorated basis funds paid hereunder for the portion of the year remaining after any such termination or for the portion of the year such programs or the Chamber operations were not conducted. 19. This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 20. This agreement shall be in full force and in effect from the date of its execution through December 31, 2005. 21. The City shall be recognized as a sponsor of Chamber and shall receive the benefits of sponsorship consistent with the level of support provided.At a minimum,the City's support shall be acknowledged in the Chamber's Annual Report and Web page information. Samples of this acknowledgement shall be provided to the City for its prior approval. 22. The terms of this agreement shall be severable. In the event 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. 23. 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 shall be in the Circuit Court of Kane County, Illinois. 24. This agreement represents the entirety of the agreement between the parties hereto.There are no other oral or implied agreements between the parties hereto. No amendments to this agreement shall be effective unless made in writing between the parties hereto. - 5 - • FINAL ri* IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year written above. CITY OF ELGIN A municipal corporation BY Ed Schock Attest: City Clerk ELGIN AREA CHAMBER OF COMMERCE A not-for-profit corporation By Leo Nelson President - 6 - r FINAL ATTACHMENT A r r - 7 - FINAL ATTACHMENT B Enhancing Elgin Campaign Media Plan for 2005 - 8 -