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HomeMy WebLinkAbout10-0303 Grease Trap mar 02 10 01:17p MARCO J. MUSCARELLO 480-837-5820 p.1 - o30 CITY OF ELGIN Center City ELGIN GREASE TRAP INCENTIVE PROGRAM AGREEMENT THIS AGREEMENT is made and entered into this day of Ra,((AA. 2010, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City"), and Gasthaus Zur Linde, Inc., an Illinois Corporation, doing business as the Gasthaus Bar and Grill (hereinafter referred to as"Owner"). WHEREAS, City has established an Elgin Grease Trap Incentive Program (hereinafter referred to as "Program") for applicants within the Center City of City and Non-Center City applicants with buildings that discharge into a combined sewer or into a separate sewer which connects into a combined sewer overflow area;and WHEREAS, Program is administered and funded by the City for the purposes of providing a rebate on the purchase and installation of 1,000 gallon grease traps as required by the Fox River Water Reclamation District;and WHEREAS, pursuant to the Program. City has undertaken to share the cost of the purchase and installation of a 1,000 gallon grease trap with Owner, pursuant to the criteria of the Program and as set forth herein;and WHEREAS, the Owner operates a business open to the public which provides food service as its primary function and for the Center City portion of the program, is located in the identified target area; 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. The owner shall install a grease trap and all necessary and required appurtenances thereto at the property commonly known as Gasthaus Bar and Grill, located at 15 North Grove Avenue, Elgin, Illinois pursuant to the requirements of the Fox River Water Reclamation District and in accordance with all other applicable code and legal requirements (such installation of the grease trap is hereinafter referred to as the"Work"). For the Center City portion of the Grease Trap Incentive Program fifty percent(50%)of the cost of the work (including installation) shall be reimbursed up to a maximum amount of$7,500. Such rebate shall be provided upon reasonable proof acceptable to City in City's sole discretion that a grease trap conforming to the City's required specifications was permitted, purchased, installed and inspected. Payments from the City as provided for herein shall be made to Owner. Owner shall provide the City with a full release and receipt upon receipt of the payment provided for herein. Mar 02 10 01:17p MARCO J. MUSCARELLO 480.837_5820 p.2 Section 2. "Eligible costs"shall include labor, material and equipment costs directly and solely related to the Work. 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 City's Director of Economic Development and Business Services. Such proposals shall include, but not be limited to, a date certain by which the Work shall be completed. All Work relating to the grease trap installation shall be completed within 180 days from the date of the Agreement,unless Owner obtains written consent from the City. Section 4. The City shall be permitted access to the subject property to periodically review the progress of the Work. Such review shall not be in lieu of any other inspections which may otherwise be required by law or by City. Any and all portions of the Work which do not, in the sole discretion of the City, 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 City 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 $7,500 or fifty percent (50%) of the amount set forth in the contractor statement(s),whichever is less. 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. In the event of any such written notice of breach and termination, Owner shall refund any and all funds paid to Owner by City within thirty (30) days. Any such determination of Owner's failure to complete the Work in accordance with the terms of this agreement shall be in City's sole discretion. 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 the City's Director of Economic Development in his/her 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. Mar 02 10 01:18p MARCO J. MUSCARELLO 480-837-5820 p.3 • 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 the subject property with a copy of this Agreement. This Agreement shall run with the land. 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 multi-year lease at the location for which the work is proposed. 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 subject property. 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 provision of Section 8 of this Agreement. Each "Owner" signatory hereto hereby warrants and represents that there are no other entities having a tenancy or other interest in the subject property,which have not executed this Agreement. Section 12. To the fullest extent permitted by law, each Owner and/or Owner agrees to indemnify, defend and hold harmless the City, its officers, employees, agents, boards and commissions from and against any and all causes of action, claims, suits, judgments, costs, attorney's fees, damages or other relief, including but not limited to worker's compensation claims, in any way resulting from or arising out of the performance of this Agreement or the Work described herein. 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. The provisions 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. 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: Marco Muscarello Address: 38W386 Burr Oak Lane City: St. Charles State: IL Zip Code: 60175 Telephone Number: 630-377-0977 Property Location: 15 North Grove Avenue Contact Person: Marco Muscarello Mar 02 10 01:18p MARCO J. MUSCARELLO 480-837-5820 p.4 Section 17. The City of Elgin Grease Trap incentive Program Guidelines dated June 6, 2000,as such guidelines may be amended from time,to time by the City, are hereby incorporated into this Agreement. Section 18. This agreement is the sole agreement between the parties hereto regarding the subject matter hereof. There are no other agreements, either oral or implied between the parties here to regarding the subject matter hereof. This agreementmay not be modified or amended other than by the express written agreement of the parties hereto. Section 19. Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the Owner shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, Owner hereby certifies, represents and warrants to the City that all Owner's employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legal residents of the United States. Owner shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The City shall have the right to audit any records in the possession or control of the Owner to determine Owner's compliance with the provisions of this section. In the event the City proceeds with such an audit the Owner shall make available to the City the Owner's relevant records at no cost to the City. Owner shall pay any and all costs associated with any such audit. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first appearing above. Owner / / CITY O LGIN "ppo • A' Muscare • S,-,Ar R. Stegall,City i / ager ATTEST: Diane Robertson,City C -