HomeMy WebLinkAbout07-312 •
Resolution No. 07-312
RESOLUTION
AUTHORIZING EXECUTION OF A BUSINESS IMPROVEMENT
PROGRAM AGREEMENT WITH TERRI LYNN, INC.
(1450 Bowes Road)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and
directed to execute a business improvement program agreement on behalf of the City of Elgin with
Terri Lynn,Inc.for improvements to 1450 Bowes Road,a copy of which is attached hereto and made
a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: December 19, 2007
Adopted: December 19, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
CITY OF ELGIN
BUSINESS IMPROVEMENT PROGRAM AGREEMENT
THIS AGREEMENT is made and entered into this N") day of
December 2007, by and between the City of Elgin, Illinois, a
municipal corporation (hereinafter referred to as "City") , and
Terri Lynn, Inc. , an Illinois Corporation (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 $3, 759 . 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 $3, 759 . 50 for exterior improvements approved pursuant to
the provisions of this Agreement (hereinafter referred to as
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"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 Owner, which 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
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submitted, executed or incurred pursuant to the Work; and (3)
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 up to the date of application for partial or final
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 maximum amount specified in this Agreement
or the amount of the applicable aforementioned contractor' s
statement, whichever is less . City shall not be liable for the
payment of any amount in excess of such aforementioned contractor' s
statement without the written agreement of the City, which may be
provided in the City' s sole discretion.
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.
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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 Owner (s) of
Structure with a copy of this Agreement. This Agreement shall run
with the land underlying Structure. The City may record this
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 its 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
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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
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: Terri L. Schuck
Address: 1450 Bowes Rd.
City: Elgin State: IL Zip Code: 60123
Telephone Number: (847) 741-1900
Property Location of Structure:
1450 Bowes Rd.
Elgin, Illinois.
Ownership Interest: Owner
Contact Person: Terri L. Schuck
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:
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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.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date first appearing above.
OWNER CITY OF ELGIN
By tt4 By: �-,
Terri L. Schuck 01 fe i in,
Terri Lynn Inc. City Manager
ATTEST:
Diane Robertson, City Clerk
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November 9,2007 .3 444'1
NORTHWEST.
TO: Mayor and Members of the City Council .
FROM: Olufemi Folarin, City Manager
Raymond H. Moller, Director of Economic Development p mimic Grvzvrh and
&Business Services Diversified lax Base
SUBJECT: Business Improvement Grant—Terri Lynn, Inc. 1450 Bowes Road
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 Terri Lynn, Inc. for signage at 1450
Bowes Road.
RECOMMENDATION
It is recommended that the City Council approve a business improvement grant with Tern Lynn,
Inc. in the.amount of$3,759.50.
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; and
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 sign at the site. The owner has
provided the following estimates for the exterior work:
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Business Improvement Grant— Terry Lynn, Inc. 1450 Bowes Road
November 9, 2007
Page 2
Parking Lot Improvements
1. White Way Sign $7,519
2. All Right Sign $8,150
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
FINANCIAL IMPACT
The grant award to Tern Lynn, Inc. would total $3,759.50. There is $692,995 budgeted and
$668,592 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. Following the approval of this project, $664,833 is available.
LEGAL IMPACT
None
ALTERNATIVES
1. Authorize a Business Improvement Grant Agreement with Tern Lynn, Inc. in the amount
of$3,759.50.
2. Choose not to enter into a Business Improvement Grant Agreement with Tern Lynn, Inc.
Respectfully submitted for Council consideration.
RHM/jr
Attachment
Inc.
October 5, 2007
Raymond H. Moller, Director of
Economic Development and Business Services
The City of Elgin
150 Dexter Court
Elgin, IL 60120
Dear Mr. Moller,
Per our conversation at the village meeting I have filled out the form you
provided me via email. I have also attached two estimates for bringing
our existing sign into conformance. We appreciate the cities offer to help
offset some or all of these costs.
We would like to get this behind us as soon as possible and preferably
before the weather gets bad. If there is something else I should be
doing please do not hesitate to contact me.
Again, thank you for your consideration and generous offer at the last
meeting.
9erely,
Terri L. Sch ck
President
Terri Lynn Inc.
1450 Bowes Road
Elgin,Illinois 60123-5539
Phone: #847-741-1900
Orders: #800-323-0775
Fax: #847-741-1912
Email: sales@terrilynn.com Quality Food Products Since 1936
Web: www.terrilynn.com
CITY OF ELGIN
BUSINESS IMPROVEMENT GRANT PROGRAM
Application Form
Applicant information
Name: 6 R fZ/QrtO YOP 17CJ J ,
Home address: TQ BOX, / / G/ /n 01 a/
Phone: gYV 7'// 000 Fax: fji/'l-7 kMA
2. Business information(the building or establishmentfor which the grant is sought)Ay
Address:/267) - /41 O gOl Je5 -R'ad i -1 t't__ I r /r2-3
Phone: 81'7 74/j/Q0 Fax: g-47- 74117
Applicant is: Owner Tenant X If tenant,term of lease: 40/`7
Is this location a commercial building or a commercial business?Yes X No
Facade to be improved:5j6dFront X. 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 A 'estoration .f architectural feature
Brick cleaning Landscaping
Exterior ADA accessibility Street furniture and fixtures
Other(please specify
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 o the pproved�im rovements.
Applicant's signature: -1��"' ` 1 Date: C/ i !Jo
If the applicant is other than the owner,the following line must be completed:
I certify that I,the owner of the property
at /I/.SZ)—IVIX &Lc)& Road G«JL (/
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: 3/1/0 7 1 Lease ending date: o /c 2 Li 0/7
Owner's signature,,: :4, 7 Date: 9//6 7
3- ph. C. 'Q,zia 1 ,F•
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
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fci istvlJuly 200.5
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N.f„,m4
WHITE WAY SIGN
451 KINEI:STON 00101T MOUrTr PRWECT, snose.eoes• PHONE:847-391-0200
FAX:847-391-0099
pate May
PURCHASE AGREEMENT 14.2007
sketch r40, 83024R Dated 5/4/2007
Terri Lynn Inc. Terri Schuck
Sold To:
Billing Address: 1450 Bowes Road, Ekdri.IL €O1 Prione 741-1900
Same
Location of Work:
1. Deteription&Week—Frithists IOW;material,transportation,and equipment tor
Take down and dispose of existing single faCe display,
Fabricate, Install and electrically connectane(1)8:ix single face Weida illumiraldad display with
metal faces routed out with plaxbackup cow reading TERRI LYNN 04C."1450 BOWES ROAD'
with arrow and graphics'PB(Y with graphics'PACKING BY DEMON'"1460 BDWES ROAD''with
arrow and beveled returns to be installed on existing steel.
7,51900 2.508.00
2. Price of displezt(s) )en*Om balate*On installation.
Remarks:
ABOVE PRICES DOES NOT INCWDE APPLICABLE!SALES TAXES AND PERMIT FEES.
ALL UNPAID BALANCES SHALL BEAR INTEREST AT THE RATE OF 2%(TWO PERCENT)PER MONTH AFTERIIIIMY DAYS.
PARAGRAPHS 3-25,INCLUSIVE ARE SET FORTH ON THE REVERSE SIDE AND ARE AM INTEGRAL PART OF THIS AGREEMENT.
The parties ackhowiectge that they have carefully read the entire agreement and fully undaratand their respective covenants hereunder,
ACCEPTED:
- Tern Lynn Inc. WMITE WAY SIGN AND MAINTENANCE CO.
By: By: ' e/Wt.,C
Title: Tidec Sales Manager
Date:
Contact if:
PLEASE$IGN AND neToHN THE ORIGiNAL OF THIS AGREEMENT
Prices are subject to obanq&ll not accepted Within thirty(3O days 011ie above dale:
3628 Union Avenue
SILL RIDIlI' Ste g}r, 60475
6366
/ - FAX(7o8) 754-6066
July 20,2007 sales a service • installation
Terri Lynn Inc.
1450 Bowes Road
Elgin,IL.60120
Attn: Terri Schuck
Terri,
As per your request, we are submitting our bid to remove your existing d'xl2' internally
illuminated single face sign with routed metal faces for disposal. We will fabricate and
install(1)8'x5' ,single face internally illuminated sign cabinet with beveled faces and.
reveals to match the existing sign cabinet.The faces will be metal routed faced backed up
with plexiglass.We will use the same logos/layout as on the original cabinet,cut change
the style so that"Terri Lynn Inc"will have the top panel and"phd"will have the bottom
panel, We install the new sign cabinet onto the original steel and concrete footing.We
will install and connect to within 6' of sufficient electrical service brought out to the sign
area by others as long as service is present at the time of installation.
TOTAL: $8,150.00,which includes sales tax.
TERMS: Half down with balance due upon completion.
EXTRAS: Permits and fees will be billed as additional if required,such
as license,bond,acquisition,permits,and fed ex and any
other additional fee required for sign.permits.
*Please note any customer who chooses to pay by credit card
will be responsible for paying the processing fee of 3%of the
amount charged.
NOTE: Delivery time does not begin until permits are in hand.
DELIVERY: 6-8 weeks.
Sincerely,
15/211cc-d dio1/44.1A--- Approved
James Bowen date
Vice-President
Our policy is payment in full upon completion;we retain a security interest in ourpphave not been ge")untill full
for a
payment has been received. In the eventful!payment or other acceptablearrangements
fifteen-day period alter installation,we reserve the right to repossess the product and to levy interest at a Hate of 1-112%
per month on any unpaid balance. Your signature on the
quotation indicatesa contract c ion cost,nd ptance of reasonablethse terms.mey
In the event collection efforts shtxild become necessary, pay any
fees and court cost
Ed WdSO:EO LOGE e7 'In"' 9909t7SLO01.: 'ON Xt3d -3u1 'u6 is a-tii6T?J—I ild: WO'd
2' '
I I i BOWE3 ROAD
Z.
�} `� Aso : PUd . .
r PACKAGING BY 6IGN
1450 BORES ROAD.► I s 1460 BOW SO,u ' •
•o 7,......._,,...„,,_.1460
,� ••
'"y '-' *t . 1 . ',i '- .ar-a
BY �„1( ` .'-`� ? S '4' T "i•s•. 4 ; r
I "�„� .,Y 3'�l• ', .. �,- 35 :'.1:3 aS1,Y
I
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OPTION 83
S/F DISPLAY
X'=1'0•
REMOVE AND DISPOSE OF EXISTING S/F SIGN PREEXISTING SIGN
FAB&INST S/F H.O.INT ILLUM DISPLAY USING EXISTING STEEL,FOUNDATION AND ELECTRIC "• '*' ' -r• • - 42 -.-^•� ..:;
METAL CABINET AND FACES ENAMELED TO MATCH PREEXISTING SIGN � �J{ «'S L.--,tt ✓E
WI BEVELED EDGES&ROUTED&BAI COPY € •
REVEALS ENAMELED TO MATCH PREEXISTING SIGN _ s3
LOGO READING:^TERRI LYNN INC' _ .-
BWU WITH 3M TRANS GREEN VINYL(TO MATCH 507-0 GP ACRYLITE) P d - J 7/t
I
�
LOGO READING:'pbd PACKAGING BY DESIGN- _}, '�' s"" •
B/U WITH 3M TRANS COBALT BLUE VINYL(TO MATCH 606-0 GP ACRYLITE)
ADDRESS COPY&'ARRORI"GRAPHICS ON BOTH FACES 3M DAY/NIGHT VINYL APPLIED TO 1ST SURFACE OF BAI
6run- 3q35 e PAS _� L>t g
y , n2... .e
�,tl� Y'. r 1 8 ^
.4. <. - _ .
PHOTO RENDERINGS MAY NOT RREQUIREDED
I CAMERA REAIX ARE
REFLECT SCALEACCURATELY. 'Iw
REFER TO SPECIFIED DIMENSIONS AL FIELD SURVEY A CHANGED HEIGHT IL WIDTH OF SIGN 54L7 MR
FOR CORRECT SIZES- AL -
REQUIRED IETIEI REVISION DATE APPROVAL
• 06. NOTE:n. s,.gyp.• i "°mob"TERRI LYNN.INC. r __.
''''v..+.sa wm....+r.m.a.4 m X"•1•-0^ °ice" RACZYLA
�'''„,m'"' WH.TEWAY SIGN COMPANY
lames mem .A.s ..w...a is 1317 N.CLYBOIRW CHI,IL 60610 312/812E580 BOWES RD. wr 1.23-07 r� CROWE,M.
�,.b.v.�.M.n..�ia.mua FAX 3121842-0272 >. ELGIN '� 11 63028