HomeMy WebLinkAbout06-259 Resolution No. 06-259
RESOLUTION
AUTHORIZING EXECUTION OF A BUSINESS IMPROVEMENT
PROGRAM AGREEMENT WITH FRANK CIACCO
(1116 Larkin Avenue)
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 Business Improvement Program Agreement on behalf of the City of Elgin with
Frank Ciacco for the property located at 1116 Larkin Avenue,a copy of which is attached hereto and
made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: October 11, 2006
Adopted: October 11, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
CITY OF ELGIN
BUSINESS IMPROVEMENT PROGRAM AGREEMENT
THIS AGREEMENT is made and entered into this ° - 10 day of
October , 2006, by and between the City of Elgin, Illinois, a
municipal corporation (hereinafter referred to as "City") , and
Frank Ciacco, (hereinafter referred to as "Owner") .
WHEREAS, City has established a Business Improvement Program
(hereinafter referred to as "Program") for application within all
entry corridors within the 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
Business 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 a Business
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 $13 , 202 . 50, said sum not
exceeding 50% of the total approved project costs; provided,
however that the City shall not be liable for any such cost in
excess of $13, 202 . 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
1
herein (hereinafter referred to as "Structure") .
All parties hereto agree that all payments from the City provided
for herein shall be made to Steven Kraft, 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 Economic
Development and Business Services, the City' s Manager of Property
Maintenance and a City 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)
2
reasonable proof of payment of all costs incurred pursuant to the
Work. Notwithstanding anything to the contrary, the City shall be
entitled to withhold any payments pending the submission of partial
or full waivers of lien and/or certifications verifying the receipt
of payment for all work performed by the contractor and/or all
subcontractors upto the date of application for partial or final
PP
payment in the City' s sole discretion. Concurrent with all
applications for payment, City shall be provided sworn
certification of all work performed by contractor and subcontractor
and amounts paid to all contractors and subcontractors as of the
date of application.
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. If the City terminates the Agreement for a
breach of the Agreement by the Owner, the Owner shall within thirty
(30) days of such termination repay the City all money paid to the
Owner pursuant to this Agreement.
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. The City may record this
3
Agreement with the Kane County Recorder of Deeds .
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 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 . To the fullest extent permitted by law, the Owner
agrees to and shall indemnify, defend and hold harmless the City
and the officers, employees, boards and commissions from and
against any and all claims, suits, judgments, costs, attorneys'
fees, damages or any and all other relief or liability arising out
of or resulting from or through or alleged to arise out of any acts
or negligent acts or omissions of City or City' s officers,
employees, or agents in the performance of this agreement or
arising out of or in connection with litigation based on any
mechanics' lien or other claims, suits, judgments, and or demands
by contractors and/or subcontractors . In the event of any action
against the City, its officers, employees, agents, boards and
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 and cost to the Owner. The provision of this
paragraph shall survive any expiration and/or termination of this
agreement.
Section 13 . This Agreement shall not be construed to create a
partnership, joint venture or employment relationship between the
parties hereto. No entity and/or person shall have any rights or
obligations created by this agreement and specifically no entity
and/or person shall be in any way construed to be a third party
beneficiary under this agreement.
Section 14 . This Agreement shall be subject to and governed
by the laws of the State of Illinois . Venue for the resolution of
4
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 : Frank Ciacco
Address : 40W998 Creekwood Dr.
City: Elgin State : IL Zip Code: 60124
Telephone Number: (847) 464-5756
Property Location of Structure:
1173 Dundee Ave ////� 11v?
Elgin, Illinois .
Ownership Interest: Owner
Contact Person: Frank Ciacco
Owner' s Name:
Address :
City: State: Zip Code :
Telephone Number:
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 Business Improvement Grant
Program Guidelines dated July 13 , 2005, as amended from time to
time by the City, are hereby incorporated by reference into this
Agreement.
5
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date first appearing above.
OWNER CITY OF ELGIN
By: 2 �
Frank Ciacco Olufemi Fo ,-rin, C ty Manager
ATTEST:
gt4i,„1
-A-Gt v►�
Dolonna Mecum, ity Clerk
6
,OF E4c City
of E I I n Agenda Item No. •
9
4n ti.
%TEDv''.
September 8, 2006
NORTHWEST
TO: Mayor and Members of the City Council
F- ,�� o.r• eec
FROM: Olufemi Folarin, City Manager '` `'' ."
Raymond H. Moller, Director t
Economic Development , ,,,,,,,,,,.(,,,,,,;;,
& Business Services r)'i'e''";;.,t ir..z j;,"('
SUBJECT: Business Improvement Grant— 1116 Larkin Avenue
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to approve a business improvement grant with Mr. Frank Ciacco for improvements
to 1116 Larkin Avenue.
RECOMMENDATION
It is recommended that the City Council approve a business improvement grant with Frank
Ciacco in the amount of$13,202.50.
BACKGROUND
On July 27, 2005, the City Council approved changes to the Neighborhood Business
Improvement Grant Program that established guidelines for the implementation of assistance for
certain businesses. The implemented changes are:
1. Change the name of the grant program to Business Improvement Program
2. Amend the target areas to include all businesses within the City's corridors
3. Amend the guidelines to give priority to Route 31, Route 25, and Villa Street from
January 1 — July 1, after which the grant would be available to businesses along any of
the City's corridors.
4. Increase the maximum City contribution from $15,000 to $25,000 in order to encourage
more extensive improvements to the participating properties
The grant application submitted indicates improvements to the parking lot at the site. The owner
has provided the following estimates for the exterior work:
Business Improvement Grant—Frank Ciacco 1116 Larkin Avenue
September 8, 2006
Page 2
Parking Lot Improvements
1. Hildebrandt Paving $29,189
2. Vidal Blacktop $26,405
The grant program provides that the property owner can receive matching funds equal to 50% of
the project cost, up to a total City contribution of$25,000 per location.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
i ,FINANCIAL IMPACT
Al The grant award to Mr. Ciacco would total $13,202.50. There is $95,000 budgeted and $83,800
available in the Riverboat Lease Fund, account number 276-0000-791.80-27, "Economic
Development Incentives,"project number 177112 for the Business Improvement Grant Program.
\Jj\ EGAL IMPACT
None
ALTERNATIVES
1. Authorize a Business Improvement Grant Agreement with Mr. Frank Ciacco in the
amount of$13,202.50
2. Choose not to enter into a Business Improvement Grant Agreement with Mr. Frank
Ciacco.
Respectfully submitted for Council consideration.
RHM/jr
Attachment
•
CITY OF ELGIN
BUSINESS IMPROVEMENT GRANT PROGRAM
Application Form
Applicant information
Name: K C1 lac
Home address: 4-0 UJ cf 8 CReal<Woo(7 02. Ltc ,nu, 1 LL ((O 1 2
Phone: 8 — to q'— 57.56 Fax:
2. Business information (the building or establishment for which the grant is sought)
Name: (A_)CS-r pieP- Lj UNO f.ti(
� 4
Address: Ill 6 Lj g R fC 1 N A V C—• L{ t „4 ILL,
Phone: g t - p qs— ,O 6Q Fax:
Applicant is: Owner Tenant If tenant,term of lease:
Is this location a commercial building or a commercial business? Yes �No
Facade to be improved: Front 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
Windows/doors Exterior lighting
Painting/tuckpointing Restoration of architectural feature
Brick cleaning Landscaping
Exterior ADA accessibility Street furniture and fixtures
L Other(please specify piq K av q 2€p, i M Q 1,-o v E M C N T 5
5. Statement of Understanding:
A. The applicant (undersigned) agrees to comply with the guidelines and procedures of
the Business Improvement Grant(BIG) 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: l"(1e2it,JC Date: ! V G( - 9— O6
If the applicant is other than the owner, the following line must be completed:
I certify that I, the owner of the property
at
Revised July 2005
do authorize the applicant to apply for a rebate under the Neighborhood Business
Improvement Grant Program and to undertake the approved improvements.
Lease beginning date: Lease ending date:
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: $
Program Coordinator:
Raymond H. Moller
Revised July 2005
Hildebrandt
PAVING CO . , LTD
Quality and Service for over 35 Years
P.O. Box 685, Elgin, Illinois 60121-0685
847/695-7710 Fax: 847/695-7716
July 27, 2006
Mr. Frank Ciacco
40 W 998 Creekwood Drive Phone: 847.464.5767
Elgin, IL 60123 Cell Phone: 847.997.0147
Reference: 1100 Larkin Rear Parking Lot Restoration Work
We respectfully submit this proposal to provide all necessary equipment, labor and
materials to perform the following bituminous paving work
Rear West Lot: 1555sy—Prep Lot for Resurface Including the Following:
Remove 6' Strip of Existing Pavement Adjacent to Existing Concrete Sidewalk
And Apron along West Edge of Lot—Re-grade Strip to Receive 1.5" Binder
Cut for Butt Joint at East End in Driveway—Adjust 2 Manholes—Mill Area near
Steps—Remove all Debris from Parking Lot Surface—Pickup Wheel Stops
Resurface Work including Level Course
Tack Coat Parking Lot—Place 1.5" Binder Course Along Sidewalk and Apron. —
Apply Leveling Course Over Lot .5" Average—Install 1.5" Surface Course
Striping& Wheel Stop Work
Reset Existing Wheel Stops Including one New Wheel Stop—Layout and Stripe
Lot as Before
Total Proposal: $ 21,289.00
Alternate: Small Lot: 580sySame Procedure
Proc edu e as Above Including Replacing 8 Wheel
Stops—Add $ 7,900.00 (completed at same time as Large Lot)
Notes: Owner will cut back bushes along N property line so we have a clear work area.
Proposal Based on Current Material Prices Good through August 31, 2006
Sincerely, ro-r0 L. PRO ro S R 1. ;tY �( 1 81, Cro
Hil r d Paving Co., Ltd
o T icke
Sr. Estimator Accepted by Date
SEAL COATING RESIDENTIAL
PARKING LOTS COMMERCIAL
DRIVEWAYS 41 - GRADING STONE
GRAVEL/ DIRT HAULING
BLACKTOP LTD.
Elgin, IL 60123 Phone (847)464-4631 Fax (847) 464-4621
CUSTOMER NAME Mr. Frank Ciacco EST # 5184/86
CONTACT_ same PHONE 1 ( 847) 464-5756
CUSTOMER ADDRESS 1100 Larkin Ave; Elgin, Ill. 60123 DATE 08/06/06
CONTRACT PROPOSAL AND AGREEMENT
We hereby submit specifications and estimates for the following work at the following price:
Ei DIG OUT ❑ OVER STONE XXtC RESURFACE ❑ SEALING COATING
To prepare driveway for paving,by To prepare driveway for paving,by To prepare driveway for resurfac-
excavating approximately 6 to 8 grading down all high areas and fill- ing,drive to be primed with a seal
inches. Area to be refilled with ing in all low areas and compacted primer before asphalt is applied,
stone. Stone to be compacted by by rolling. Entire drive to be then compacted by rolling. Edges
rolling. Entire drive to be sprayed sprayed with a weed killer before to be ramped at a 45° angle
with a weed killer before asphalt is asphalt is applied and compacted Approximately ft.
applied and compacted by rolling. by rolling. Edges to be ramped at
Edges to be ramped at 45°angles. a 45° angle.
Date 3 / 1 kg- C7b
Mr. Ciacco
In Agreement with
It is agreed that contractor will install A Resurface To Existing Blacktop Parking Lot W/ Repairs.
1. Grading needed to prepare job. Yes 1 " to repair and level
2. Gravel needed to prepare job.
Yes 12" to finish Parking Lots .
3. Blacktop to be laid approximately 2i" " thick. Then rolled to finish with power roller.
4 To include with above specifications, contractor will remove blacktop @
both lots, to flush new blacktop. Also adjust manhole, fill in low spots w/
5.
6 hot asphalt, lay blacktop in 2 layers to repair and level and to finish-
7. Stripe lot (car stalls) w/ heavy duty traffic paint ( 4" stripes) as
8 specified in estimate sheets.
•
located at 1100 Larkin Ave. Elgin, Illinois 60123 Phone 1 ( 847) 464-5756
for consideration of $$26, 405.00 to be paid in full upon completion of job.
The sum of $ $1 0, 0 0 0 . 0 0 paid in advance, $ $1 6, 405. 00 _ is the balance due.
This proposal will constitute a contract if signed and accepted by both contracting parties.
°
All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from 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 contingent
upon strikes,accidents or delays beyond our control. Owner to carry fire,tornado and other necessary insurance. Our workers are fully covered
by Workmen's Compensation Insurance. Contractor does not guarantee against grass growing through pavement or minor cracks.
1 year guarantee on all major repairs.
Signed by 14-e1A4L
HUSBAND OR PURCHASER
Signed by /2�J f Signed by
OWNER WIFE OR JOINT PURCHASER
`'S,4 OF E(Ci.1 .
r, ' City of Elgin
Agenda Item No.
, ups
tti- nP ^M
I
September 8, 2006
NORTHWEST
TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, City Manager
Raymond H. Moller, Director Economic Development n,rEorn{r Growth and
& Business Services LM�sficd7ax Base
SUBJECT: Business Improvement Grant— 1116 Larkin Avenue
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to approve a business improvement grant with Mr. Frank Ciacco for improvements
to 1116 Larkin Avenue.
RECOMMENDATION
It is recommended that the City Council approve a business improvement grant with Frank
Ciacco in the amount of$13,202.50.
BACKGROUND
On July 27, 2005, the City Council approved changes to the Neighborhood Business
Improvement Grant Program that established guidelines for the implementation of assistance for
certain businesses. The implemented changes are:
p
1. Change the name of the grant program to Business Improvement Program
2. Amend the target areas to include all businesses within the City's corridors
3. Amend the guidelines to give priority to Route 31, Route 25, and Villa Street from
January 1 — July 1, after which the grant would be available to businesses along any of
the City's corridors.
4. Increase the maximum City contribution from $15,000 to $25,000 in order to encourage
more extensive improvements to the participating properties
The grant application submitted indicates improvements to the parking lot at the site. The owner
has provided the following estimates for the exterior work:
Business Improvement Grant—Frank Ciacco 1116 Larkin Avenue
September 8, 2006
Page 2
Parking Lot Improvements
1. Hildebrandt Paving $29,189
2. Vidal Blacktop $26,405
The grant program provides that the property owner can receive matching funds equal to 50% of
the project cost, up to a total City contribution of$25,000 per location.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
(1,/1FINANCIAL IMPACT
The grant award to Mr. Ciacco would total $13,202.50. There is $95,000 budgeted and $83,800
available in the Riverboat Lease Fund, account number 276-0000-791.80-27, "Economic
Development Incentives,"project number 177112 for the Business Improvement Grant Program.
VEGAL IMPACT
None
ALTERNATIVES
1. Authorize a Business Improvement Grant Agreement with Mr. Frank Ciacco in the
amount of$13,202.50
2. Choose not to enter into a Business Improvement Grant Agreement with Mr. Frank
Ciacco.
Respectfully submitted for Council consideration.
RHM/jr
Attachment