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HomeMy WebLinkAbout10-13 R Resolution No. 10-13 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH BRANDON BECKER (14-16 Douglas Avenue) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Sean R. Stegall, City Manager,and Diane Robertson, City Clerk,be and are hereby authorized and directed to execute a First Amendment Agreement on behalf of the City of Elgin with Brandon Becker for the facade project for 14-16 Douglas Avenue, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: January 13, 2010 Adopted: January 13, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk T ` � r • FIRST AMENDMENT AGREEMENT CITY OF ELGIN FACADE IMPROVEMENT PROGRAM AGREEMENT 14-16 Douglas Avenue THIS FIRST AMENDMENT AGREEMENT is hereby made and entered into this 1 t day of bete M b e , 2009, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as"City"),and Brandon Becker,the owner of the property commonly known as 14-16 Douglas Avenue, Elgin, Illinois (hereinafter referred to as"Owner"). WHEREAS, City has established a facade improvement program(hereinafter referred to as "Program")for application within certain areas of the corporate limits of City designated by City as appropriate for such application (hereinafter referred to as"Rehabilitation Areas"); and WHEREAS,Program is administered and funded solely by City for purposes of the control and prevention of blight, dilapidation and deterioration of Rehabilitation Areas; and WHEREAS, pursuant to Program, City has undertaken to share the cost of facade improvements to certain structures within Rehabilitation Area, pursuant to the criteria set forth herein; and WHEREAS,Owner owns at least 50%of subject commercial building(s),or is the tenant of said commercial building(s) located within Rehabilitation Area, with Owner having provided the Owner's consent and authority to participate in Program pursuant to the terms and provisions of this First Amendment Agreement; and WHEREAS, the parties hereto have previously entered into an agreement pursuant to the Program, dated April 2, 2008, a copy of which is attached hereto and made a part hereof as Attachment"C" (hereinafter referred to as "Original Agreement"); and WHEREAS,the parties hereto have each determined it to be in their best interests to amend Original Agreement to provide for an increased payment and scope of work as provided for herein; and WHEREAS,the circumstance in necessitating the changes in performance contemplated by this amendment agreement were not reasonably foreseeable at the time the Original Agreement was signed; the changes contemplated by this amendment agreement are germane to the Original Agreement as signed; and this amendment agreement is in the best interests of the City and is authorized by law. 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: A. The aforementioned recitals are incorporated herein and made a part hereof as if fully recited herein. B. The parties hereto hereby agree to amend Original Agreement in its entirety to read as follows: Section 1. The total approved project costs for Phase 1 of the facade improvements for the structure referred to at Section 16 herein shall be$117,128,as set forth in Attachment"A"attached hereto and made a part hereof (such total approved project costs for facade improvements are hereinafter referred to as "Eligible Costs" and such structure is hereinafter referred to as the "Structure"). The City shall pay the Owner a sum not to exceed$40,994.80,being 35%of the total Eligible Costs,for facade improvements to the structure approved pursuant to the provisions of this Agreement. The project shall be confined to approved improvements made to that part of the Structure visible from any public right-of-way. All parties hereto agree that all payments from the City provided for herein shall be made to Brandon Becker, who shall provide the City with a full release upon receipt. Owner acknowledges and agrees that Owner has previously been paid and has received the sum of$21,919.80 as reflected in Attachment `B", attached hereto and made a part hereof. 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 facade improvement hereby provided for(hereinafter referred to as the"Work"),as designated from the design drawings and/or specifications approved by the Project Review Team pursuant to the provisions of Section 3 herein and prepared by Consultant (hereinafter referred to as "Plans"). Section 3. No Work shall be undertaken or shall be considered to constitute the basis for an Eligible Cost until the design for such Work has been submitted to and approved in writing by the City's Project Review Team (hereinafter referred to as "Project Review Team") consisting of the City's Urban Design and Preservation Specialist and City's Principal Planner,and any other member designated on the Project Review Team. Such design shall include, but not be limited to, a date certain by which the Work shall be completed. In no event shall such Work be completed more than one hundred eighty(180) days from the date of this Agreement,without 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 be 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 2 • (whether provided by any contractor or subcontractor), materials and equipment; (2) copies of all bids, contracts and invoices submitted, executed or incurred pursuant to the Work; and (3) reasonable proof of payment of all costs incurred pursuant to the Work. Section 6. City shall pay to Owner the sum provided for at Section 1 herein within thirty(30) days of owner's compliance with the provisions of Section 5 herein. In no event shall the amount paid to Owner exceed the amount specified in this Agreement or in the contractor statement, 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.Additionally,Owner shall refund to City, all money paid to Owner by City pursuant to this agreement upon thirty(30) days written demand. This provision shall not constitute a restriction on City to pursue any and all other rights to which it may be entitled by law. 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, or to create or undertake any other Work which may constitute a deviation from the Plans,without prior written approval from the 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 facade 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. Notwithstanding the aforementioned five (5) year period, the provisions of Sections 7 and 12 herein shall survive the termination of this agreement. 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 six (6) 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. 3 Section 12. Owner 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 or in connection with Owner's or Owner's agents', employees' and assigns' negligent performance of any of the terms of this Agreement.In the event the indemnification provisions of this Agreement are invoked so as to require legal defense of City,counsel for such defense shall be of City's choosing. The provisions of this section shall survive any termination and/or expiration of this agreement. Section 13. Notwithstanding any other provision of this First Amendment Agreement it is expressly agreed and understood that in connection with the performance of this First Amendment 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 First Amendment Agreement shall be legal residents of the United States. Owner shall also at his 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 First Amendment 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. Section 14. This Agreement shall not be construed to create a partnership,joint venture or employment relationship between the parties hereto. Section 15. This Agreement shall be subject to and governed by the laws of the State of Illinois. The parties hereto hereby agree that venue for any and all actions which maybe brought by each and either of them to enforce the provisions of this Agreement shall be in the Circuit Court of Kane County, Illinois. Section 16. 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 17. Owner's Name: Brandon Becker Address: 3356 Blackhawk City: Long Grove, IL 60047 Telephone Number: 708-369-1016 Property Location: 14-16 Douglas Avenue Ownership Interest: Property owner 4 Contact Person: Brandon Becker 3356 Blackhawk Long Grove, IL 60047 708-369-1016 C. This First Amendment Agreement shall supersede and replace Original Agreement in its entirety in all respects. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment Agreement on the date first appearing above. As to CITY OF ELGIN As to OWNER: By: 4(eisef A- By: Sr#4 Or' Sean R.Stegall Brandon Becker City Manager Property Owner ATTEST: Diane Robertson City Clerk F:\Legal Dept\Agreement\Facade Improvement-14-16 Douglas(TongueNChic)-2009.doc 5 Attachment"A" Facade Improvement Program 14-16 Douglas Avenue Brandon Becker October 22, 2009 Final scope of work for facade improvements Front Facade (Facing Douglas Avenue) Demolition 1. Remove existing glass storefront, plywood and E.I.F.S. on first floor east elevation. 1st Floor facade Rehabilitation 1. If bulkheads under existing plywood is missing, or too deteriorated to repair, new bulkheads may be constructed to match the original along base of storefront windows. 2. Install limestone sills along bulkhead. 3. New storefronts to be clear plate glass, low-E with anodized aluminum frames. 4. Transoms above storefronts to be transparent and match adjacent transoms on building to the south. 5. Install new structural framework to support façade. 6. Create (2) entry doors (one for each storefront). Remove portion of bulkhead as required to accommodate entrance. Doors to be full-glazed. 7. Install handicap ramp. 8. One sign above each transom to be internally illuminated cabinet sign not to exceed 35 sq. ft. 2°`' floor façade 1. Clean brick masonry on exterior using masonry cleaner in a 10 % solution of water. Water pressure to be applied should not exceed 600 p.s.i. to prevent abrasive effect of high pressure wash. 2. Repair masonry where necessary. If brick is deteriorated and needs to be replaced, new brick to match the size and color of the existing brick should be used. (Note: to achieve the exact color match,brick stains may be used). 3. Paint brick, fascia, stone trim, lintels, and cornice. 6 Attachment "B" Tongue-N-Chic 14-16 Douglas Ave Facade Improvement Program - Original costs Cost Scope of work Estimate Awning Thatcher Oaks $3,610.00 Signs and New sign Stripes $1,975.00 Exterior Lighting RWB Design $3,300.00 Storefront demo, rebuild and painting JP Salemi $53,743.00 Total $62,628.00 Total eligible costs: $62,628.00 City's participation: 35% Original Façade Improvement Grant allocation: $21,919.80 Tongue-N-Chic 14-16 Douglas Ave Facade Improvement Program -Cost Increase RWB Construction Additional Scope of work Cost Signage/Lighting $7,000.00 Ramp $4,800.00 Glass Upgrade $12,000.00 Storefront frame Upgrade $3,000.00 Additional glass $4,000.00 Boom rental $3,300.00 Limestone sills $4,000.00 Storefront columns $7,400.00 Electrical $5,800.00 Additional Stucco repairs $3,200.00 Total $54,500.00 Total eligible costs: $54,500.00 City's participation: 35% Additional Facade Improvement Grant allocation: $19,075.00 7 CI OFE4 c4ti Agenda Item No. City of Elgin 1 VIpt °?trEot���r rig December 10, 2009 1fREa -ffeamm .�/I�X'l/!)I( lXtf)lk7lt TO: Mayor and Members of the City Council FROM: Sean R. Stegall, City Manager V.P — CAI',Downtown Jennifer Fritz-Williams, Historic Preservation Specialist SUBJECT: Amendment to Agreement for the Facade Project for 14-16 Douglas Avenue, Owned by Brandon Becker PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an amendment to the agreement for a facade improvement project for the property located at 14-16 Douglas Avenue. RECOMMENDATION It is recommended that the City Council approve the amendment to the agreement to allow for additional work on the facade for the property at 14-16 Douglas Avenue at a cost of$19,075. BACKGROUND The property at 14-16 Douglas Avenue is located in downtown Elgin and was built in the 1890s as part of the commercial development of Elgin's center city. The primary facade of the building faces Douglas Avenue. The owner applied for and received a facade improvement grant in the spring of 2008. When construction began at the end of the summer, the contractor, RWB Design & Construction, discovered severe structural problems on the facade. At that time, staff visited the jobsite and inspected the existing conditions. Staff confirmed that the facade's structural problems needed to be corrected in conjunction with the facade improvement in order to properly restore the facade. Substantial changes were made to the scope of work based on staff s recommendation. The owner submitted three revised bids that took into consideration all the changes that needed to be made. Some of the changes included additional structural columns to stabilize the facade, relocated entry, handicap ramp, signage, electrical chase ways, adding more glass transoms,repairing the ceiling along the facade and additional stucco repairs. The total revised bid came to $135,000. Originally, eligible costs approved by the city amounted to $62,628 with the city providing $21,920, or 35%, in assistance. This amount has already been paid. The additional costs associated with the increased scope of work amount to $54,500. At 35%,the City's participation on the revised scope is $19,075. I Facade Improvement Grant Agreement Amendment— 14-16 Douglas Avenue December 10,2009 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. lk FINANCIAL IMPACT The revised grant amount requested for the facade project at 14-16 Douglas Avenue totals $19,075. There are sufficient funds budgeted($19,291) and available ($19,291) in the Riverboat Fund, 2009 Downtown Business Facade Improvement Program, account number 275-0000- 791.78-99,project number 079894 to pay for the additional improvements. I ,GAL IMPACT one. ALTERNATIVES 1. The City Council may choose to approve the amendment to the agreement to fund additional work on the facade for the property at 14-16 Douglas Avenue in the amount of $19,075. 2. The City Council may choose not to approve the requested amendment to the agreement. Respectfully Submitted for Council consideration. JFW Attachments Tongue-N-Chic 14-16 Douglas Ave Facade Improvement Program -Original costs Scope of work Cost Estimate Awning Thatcher Oaks $3,610.00 New sign Signs and Stripes $1,975.00 Exterior Lighting RWB Design $3,300.00 Storefront demo, rebuild and painting JP Salemi $53,743.00 Total $62,628.00 Total eligible costs: $62,628.00 City's participation: 35% Original Facade Improvement Grant allocation: $21,919.80 Tongue-N-Chic 14-16 Douglas Ave Facade Improvement Program -Cost Increase RWB Construction Scope of work Additional Cost Signage/Lighting $7,000.00 Ramp $4,800.00 Glass Upgrade $12,000.00 Storefront frame Upgrade $3,000.00 Additional glass $4,000.00 Boom rental $3,300.00 Limestone sills $4,000.00 Storefront columns $7,400.00 Electrical $5,800.00 Stucco $3,200.00 Total $54,500.00 Total eligible costs: $54,500.00 City's participation: 35% Additional Façade Improvement Grant allocation: $19,075.00 FIRST AMENDMENT AGREEMENT CITY OF ELGIN FACADE IMPROVEMENT PROGRAM AGREEMENT 14-16 Douglas Avenue THIS FIRST AMENDMENT AGREEMENT is hereby made and entered into this day of , 2009, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as"City"),and Brandon Becker,the owner of the property commonly known as 14-16 Douglas Avenue, Elgin, Illinois (hereinafter referred to as"Owner"). WHEREAS,City has established a facade improvement program(hereinafter referred to as "Program")for application within certain areas of the corporate limits of City designated by City as appropriate for such application (hereinafter referred to as"Rehabilitation Areas"); and WHEREAS,Program is administered and funded solely by City for purposes of the control and prevention of blight, dilapidation and deterioration of Rehabilitation Areas; and WHEREAS, pursuant to Program, City has undertaken to share the cost of facade improvements to certain structures within Rehabilitation Area, pursuant to the criteria set forth herein; and WHEREAS,Owner owns at least 50%of subject commercial building(s),or is the tenant of said commercial building(s) located within Rehabilitation Area, with Owner having provided the Owner's consent and authority to participate in Program pursuant to the terms and provisions of this First Amendment Agreement;and WHEREAS, the parties hereto have previously entered into an agreement pursuant to the Program, dated April 2, 2008, a copy of which is attached hereto and made a part hereof as Attachment"C"(hereinafter referred to as"Original Agreement"); and WHEREAS,the parties hereto have each determined it to be in their best interests to amend Original Agreement to provide for an increased payment and scope of work as provided for herein; and WHEREAS,the circumstance in necessitating the changes in performance contemplated by this amendment agreement were not reasonably foreseeable at the time the Original Agreement was signed; the changes contemplated by this amendment agreement are germane to the Original Agreement as signed; and this amendment agreement is in the best interests of the City and is authorized by law. 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: A. The aforementioned recitals are incorporated herein and made a part hereof as if fully recited herein. B. The parties hereto hereby agree to amend Original Agreement in its entirety to read as follows: Section 1. The total approved project costs for Phase 1 of the facade improvements for the structure referred to at Section 16 herein shall be$117,128,as set forth in Attachment"A"attached hereto and made a part hereof (such total approved project costs for facade improvements are hereinafter referred to as "Eligible Costs" and such structure is hereinafter referred to as the "Structure").The City shall pay the Owner a sum not to exceed$40,994.80,being 35%of the total Eligible Costs,for facade improvements to the structure approved pursuant to the provisions of this Agreement. The project shall be confined to approved improvements made to that part of the Structure visible from any public right-of-way. All parties hereto agree that all payments from the City provided for herein shall be made to Brandon Becker, who shall provide the City with a full release upon receipt. Owner acknowledges and agrees that Owner has previously been paid and has received the sum of$21,919.80 as reflected in Attachment `B", attached hereto and made a part hereof. 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 facade improvement hereby provided for(hereinafter referred to as the"Work"),as designated from the design drawings and/or specifications approved by the Project Review Team pursuant to the provisions of Section 3 herein and prepared by Consultant(hereinafter referred to as"Plans"). Section 3. No Work shall be undertaken or shall be considered to constitute the basis for an Eligible Cost until the design for such Work has been submitted to and approved in writing by the City's Project Review Team (hereinafter referred to as"Project Review Team") consisting of the City's Urban Design and Preservation Specialist and City's Principal Planner,and any other member designated on the Project Review Team. Such design shall include, but not be limited to, a date certain by which the Work shall be completed. In no event shall such Work be completed more than one hundred eighty(180)days from the date of this Agreement,without 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 be 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 2 (whether provided by any contractor or subcontractor), materials and equipment; (2) copies of all bids, contracts and invoices submitted, executed or incurred pursuant to the Work; and (3) reasonable proof of payment of all costs incurred pursuant to the Work. Section 6. City shall pay to Owner the sum provided for at Section 1 herein within thirty(30) days of owner's compliance with the provisions of Section 5 herein. In no event shall the amount paid to Owner exceed the amount specified in this Agreement or in the contractor statement, 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.Additionally,Owner shall refund to City, all money paid to Owner by City pursuant to this agreement upon thirty(30) days written demand.This provision shall not constitute a restriction on City to pursue any and all other rights to which it may be entitled by law. 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, or to create or undertake any other Work which may constitute a deviation from the Plans,without prior written approval from the 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 facade 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. Notwithstanding the aforementioned five (5) year period, the provisions of Sections 7 and 12 herein shall survive the termination of this agreement. 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 six (6) 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. 3 Section 12. Owner 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 or in connection with Owner's or Owner's agents',employees' and assigns'negligent performance of any of the terms of this Agreement.In the event the indemnification provisions of this Agreement are invoked so as to require legal defense of City,counsel for such defense shall be of City's choosing. The provisions of this section shall survive any termination and/or expiration of this agreement. Section 13. Notwithstanding any other provision of this First Amendment Agreement it is expressly agreed and understood that in connection with the performance of this First Amendment 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 First Amendment Agreement shall be legal residents of the United States. Owner shall also at his 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 First Amendment 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. Section 14. This Agreement shall not be construed to create a partnership,joint venture or employment relationship between the parties hereto. Section 15. This Agreement shall be subject to and governed by the laws of the State of Illinois. The parties hereto hereby agree that venue for any and all actions which may be brought by each and either of them to enforce the provisions of this Agreement shall be in the Circuit Court of Kane County, Illinois. Section 16. 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 17. Owner's Name: Brandon Becker Address: 3356 Blackhawk City: Long Grove, IL 60047 Telephone Number: 708-369-1016 Property Location: 14-16 Douglas Avenue Ownership Interest: Property owner 4 Contact Person: Brandon Becker 3356 Blackhawk Long Grove,IL 60047 708-369-1016 C. This First Amendment Agreement shall supersede and replace Original Agreement in its entirety in all respects. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment Agreement on the date first appearing above. As to CITY OF ELGIN As to OWNER: By: By: Sean R Stegall Brandon Becker City Manager Property Owner A 1-1'EST: Diane Robertson City Clerk F:\Legal DeptVtgreement\Facade Improvement-14-16 Douglas(TongueNChic)-2009.doc 5 Attachment cc " A Facade Improvement Program 14-16 Douglas Avenue Brandon Becker October 22, 2009 Final scope of work for facade improvements Front Facade(Facing Douglas Avenue) Demolition 1. Remove existing glass storefront,plywood and E.I.F.S. on first floor east elevation. 1st Floor façade Rehabilitation 1. If bulkheads under existing plywood is missing, or too deteriorated to repair,new bulkheads may be constructed to match the original along base of storefront windows. 2. Install limestone sills along bulkhead. 3. New storefronts to be clear plate glass, low-E with anodized aluminum frames. 4. Transoms above storefronts to be transparent and match adjacent transoms on building to the south. 5. Install new structural framework to support façade. 6. Create (2)entry doors(one for each storefront). Remove portion of bulkhead as required to accommodate entrance. Doors to be full-glazed. 7. Install handicap ramp. 8. One sign above each transom to be internally illuminated cabinet sign not to exceed 35 sq. ft. 2"d floor façade 1. Clean brick masonry on exterior using masonry cleaner in a 10 %solution of water. Water pressure to be applied should not exceed 600 p.s.i. to prevent abrasive effect of high pressure wash. 2. Repair masonry where necessary. If brick is deteriorated and needs to be replaced, new brick to match the size and color of the existing brick should be used. (Note: to achieve the exact color match, brick stains may be used). 3. Paint brick, fascia, stone trim, lintels,and cornice. 6 Attachment "B" Tongue-N-Chic 14-16 Douglas Ave Facade Improvement Program -Original costs Cost Scope of work Estimate Awning Thatcher Oaks $3,610.00 Signs and New sign Stripes $1,975.00 Exterior Lighting RWB Design $3,300.00 Storefront demo, rebuild and painting JP Salemi $53,743.00 Total $62,628.00 Total eligible costs: $62,628.00 City's participation: 35% Original Façade Improvement Grant allocation: $21,919.80 Tongue-N-Chic 14-16 Douglas Ave Facade Improvement Program -Cost Increase RWB Construction Additional Scope of work Cost Signage/Lighting $7,000.00 Ramp $4,800.00 Glass Upgrade $12,000.00 Storefront frame Upgrade $3,000.00 Additional glass $4,000.00 Boom rental $3,300.00 Limestone sills $4,000.00 Storefront columns $7,400.00 Electrical $5,800.00 Additional Stucco repairs $3,200.00 Total $54,500.00 's.4, r� �t R.,,L�>r-...' �i. .M�,�,_. >cL...K,«o-. ,.,ra,:�sr x. at_'';�i$c`, •- �S s�uv � � �,��.°,;3t '.,'' ,. Total eligible costs: $54,500.00 City's participation: 35% Additional Facade Improvement Grant allocation: $19,075.00 7 CITY OF ELGIN FACADE IMPROVEMENT PROGRAM AGREEMENT 14-16 Douglas Avenue 0 THIS AGREEMENT is made and entered into this day of 41 ,2008,by and between the City of Elgin,Illinois, a municipal corporation(hereinafter referred to as"City"), and Brandon Becker,the owner of the property commonly known as 14-16 Douglas Avenue,Elgin, Illinois, (hereinafter referred to as"Owner"). WHEREAS,City has established a facade improvement program(hereinafter referred to as "Program")for application within certain areas of the corporate limits of City designated by City as appropriate for such application(hereinafter referred to as"Rehabilitation Areas"); and WHEREAS,Program is administered and funded solely by City for purposes of the control and prevention of blight, dilapidation and deterioration of Rehabilitation Areas; and WHEREAS, pursuant to Program, City has undertaken to share the cost of facade improvements to certain structures within Rehabilitation Area, pursuant to the criteria set forth herein; and WHEREAS,Owner owns at least 50%of subject commercial building(s),or is the tenant of commercial building(s)located within Rehabilitation Area,with owner having provided the owner's consent and authority to participate in Program pursuant to the terms and provisions of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,the sufficiency of which is hereby acknowledged,the parties hereto hereby agree as follows: Section 1. The total approved project costs for Phase 1 of the facade improvements for the structure referred to at Section 16 herein shall be$62,628.00,as set forth in Attachment A attached hereto (such total approved project costs for facade improvements are hereinafter referred to as "Eligible Costs"and such structure is hereinafter referred to as the"Structure").The City shall pay the Owner .a sum not to exceed $21,920.00, being 35% of the total Eligible Costs, for facade improvements to the structure approved pursuant to the provisions of this Agreement. The project shall be confined to approved improvements made to that part of the Structure visible from any public right-of-way. All parties hereto agree that all payments from the City provided for herein shall be made to Brandon Becker,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 facade improvement hereby provided for(hereinafter referred to as the"Work"),as designated from the design drawings and/or specifications approved by the Project Review Team pursuant to the provisions of Section 3 herein and prepared by Consultant (hereinafter referred to as"Plans"). 1 Attachment "C" Section 3. No Work shall be undertaken or shall be considered to constitute the basis for an Eligible Cost until the design for such Work has been submitted to and approved in writing by the City's Project Review Team (hereinafter referred to as"Project Review Team") consisting of the City's Urban Design and Preservation Specialist and City's Principal Planner,and any other member designated on the Project Review Team. Such design shall include, but not be limited to, a date certain by which the Work shall be completed. In no event shall such Work be completed more than one hundred eighty(180) days from the date of this Agreement,without 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 be 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 maybe required by law, Owner shall submit to City: (1) an executed,notarized itemized contractor statement reflecting the total cost of the Work and each portion thereof, including, but not limited to, the cost of labor (whether provided by any contractor or subcontractor), materials and equipment; (2) copies of all bids, contracts and invoices submitted, executed or incurred pursuant to the Work; and (3) reasonable proof of payment of all costs incurred pursuant to the Work. Section 6. City shall pay to Owner the sum provided for at Section 1 herein within thirty(30) days of owner's compliance with the provisions of Section 5 herein. In no event shall the amount paid to Owner exceed the amount specified in this Agreement 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.Additionally,Owner shall refund to City, all money paid to Owner by City pursuant to this agreement upon thirty (30) days written demand. This provision shall not constitute a restriction on City to pursue any and all other rights to which it may be entitled by law. 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, or to create or undertake any other Work which may constitute a deviation from the Plans,without prior written approval from the Project Review Team in its sole discretion. Section 9. Nothing herein is intended to limit, restrict or prohibit the Owner from 2 undertaking any other Work in or about the subject premises which is unrelated to the facade 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. Notwithstanding the aforementioned five (5) year period, the provisions of Sections 7 and 12 herein shall survive the termination of this agreement. 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 six (6) 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. Owner 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 or in connection with Owner's or Owner's agents',employees' and assigns'negligent performance of any of the terms of this Agreement.In the event the indemnification provisions of this Agreement are invoked so as to require legal defense of City,counsel for such defense shall be of City's choosing. The provisions of this section shall survive any termination and/or expiration 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. The parties hereto hereby agree that venue for any and all actions which may be brought by each and either of them to enforce the provisions of this Agreement shall be in 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: Brandon Becker 3 Address: 3356 Blackhawk City: Long Grove,IL 60047 Telephone Number: 708-369-1016 Property Location: 14-16 Douglas Avenue Ownership Interest: Property owner Contact Person: Brandon Becker 3356 Blackhawk Long Grove, IL 60047 708-369-1016 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date first appearing above. As to CITY OF ELGIN As to OWNER: By: 'j % f By: Olufe 'Folarin Brandon Becker City Manager Property Owner ATTEST: Diane Robertson City Clerk 4 • • Attachment A Facade Improvement Program 14-16 Douglas Avenue Brandon Becker April 2,2008 Proposed scope of work for facade improvements Front Facade(Facing Douglas Avenue) Demolition 1. Remove existing glass storefront,plywood and E.I.F.S. on first floor east elevation. Storefront windows Rehabilitation 1. If bulkheads under existing plywood is missing, or too deteriorated to repair, new bulkheads may be constructed to match the original along base of storefront windows. 2. New storefronts to be clear plate glass with anodized aluminum frames. 3. Transoms above storefronts to be transparent and match adjacent transoms on building to the south. 4. Create(2) entry doors (one for each storefront). Remove portion of bulkhead as required to accommodate entrance. Doors to be full glazed 5. New fabric awnings over storefront windows. One awning to be installed per storefront window bay. 6. One sign above each transom to be internally illuminated cabinet sign not to exceed 35 sq ft. 2nd floor facade 1. Clean brick masonry on exterior using masonry cleaner in a 10% solution of water. Water pressure to be applied should not exceed 600p.s.i. to prevent abrasive effect of high pressure wash. 2. Repair masonry where necessary. If brick is deteriorated and needs to be replaced, new brick to match the size and color of the existing brick should be used. (Note: to achieve the exact color match,brick stains may be used) 3. Paint brick, fascia, stone trim, lintels,and cornice. 5 Tongue-N-Chic 14-16 Douglas Ave Facade Improvement Program - eligible costs Scope of work Contractor 1 Cost Contractor 2 Cost Estimate Estimate Awning Sure Light $3,949.00 Thatcher Oaks $3,610.00 Sign New sign Sure Light $2,960.00 Signs and Stripes $1,975.00 Sign Exterior Lighting Salemi $3,611.00 RWB Design $3,300.00 Storefront demo, D. Stratos $57,500.00 JP Salemi $53,743.00 rebuild and painting Total $68,020.00 low bid $62 628.00 Total eligible costs: $62,628.00 (based on lower bids) City's participation: 35% Total Façade Improvement Grant allocation: $21,919.80 6 A fit° A r , ' � i 'y 1 o n c " ._. $: • „, may, f ,' ,* � + -l it;:t-"r *Sr..** ?` t k , fr' r ate} a+G w 'i. 4. r - �,,� § '4r,.•. a 'sky t i 4,0. ts` 3i. � Y t yr, .a 9'`'''3.c ',:t. "A. Y' " '.F' E '�}1.a'R'• R, .;,,,,+ bra "-y t' �..,;£ E k ". 34 W � j} �t,y amr ,ri. .•,�� '1Aa 3 x ,wr3'd , ` 4 x. `rr' x G h�� Y c Y G.4'.i k vY"i k' i^ �.. o a } '4. h W t rt 410 eir.lf t ied r) ...s . a'u ; - t. .a �_.. .. a i" _ I, 1 T C',6 .. ware 1 47 . s .aci.. •' Il '_ b ,a ..." s . .mot H ""' 8 x a e{U Iwo iii 1 yy 3.,E - . 16 s q.,� �,.,r.,'� d� .� •,k' g ,. ' • •'., At•.1:.t......;,,,,,,,,...T--- ', ,—, . 4,, -,-- I. . � ? ! . • '' ID C -. .„7,-.1•;....;'•;.' ,/ •'---;•i: ,i,ii, •ti ig � � i �1 �' , � o , OF Et. (> %, Memorandum : 5,I0 City of Elgin Y R: RgTED o. Date: January 22, 2010 To: Jennifer Fritz-Williams, Historic Preservation Specialist From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 10-13, Adopted at the January 13, 2010 Council Meeting Enclosed you will find the agreement listed below. Please retain a copy for your records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • First Amendment Agreement with Brandon Becker(14-16 Douglas Avenue)