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Home My WebLink About12-147 Resolution No. 12-147 RESOLUTION AUTHORIZING EXECUTION OF A BUSINESS IMPROVEMENT PROGRAM AGREEMENT WITH Z INVESTMENTS, LLC (1158 Lillian Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Sean R.Stegall,City Manager,and Kimberly A.Dewis,City Clerk,be and are hereby authorized and directed to execute a business improvement program agreement on behalf of the City of Elgin with Z Investments, LLC for the property commonly known as 1158 Lillian Street, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: September 26, 2012 Adopted: September 26, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk s CITY OF ELGIN BUSINESS IMPROVEMENT GRANT PROGRAM AGREEMENT 1158 Lillian Street THIS AGREEMENT is made and entered into this 26th day of September ,2012, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City"), and Z Investments,LLC (hereinafter referred to as"Owner"). WHEREAS,the City has established a business improvement grant program whereby owners of property or businesses located within the NB Neighborhood Business District, RB Residence Business District, or an entryway corridor(hereinafter referred to as "Rehabilitation Areas") that complete improvements to their buildings and grounds may receive a grant from the City for a portion of the cost thereof, up to a maximum of fifty percent (50%) of such costs (hereinafter referred to as the "City Business Improvement Grant Program"); and WHEREAS,the purposes of the City Business Improvement Grant Program are to control and prevent blight,dilapidation and deterioration of the Rehabilitation Areas,to encourage further investment and redevelopment in the Rehabilitation Areas, and to increase property values within the Rehabilitation Areas; and WHEREAS, the Owner is the owner of the subject commercial building(s) and of the property commonly known as 1158 Lillian Street, Elgin, Illinois (hereinafter referred to as the "Subject Property"); and WHEREAS, Owner has made application to the City to participate in the City Business Improvement Grant Program for the Subject Property; and WHEREAS,the Subject Property is located within the Rehabilitation Areas identified in the City Business Improvement Grant Program; and WHEREAS,the City of Elgin is a home rule unit and may exercise any power and perform any function pertaining to its governmental affairs; and WHEREAS,the City Business Improvement Grant Program,which will control and prevent blight,dilapidation and deterioration of the Rehabilitation Areas,encourage further investment and redevelopment within the Rehabilitation Areas, and increase property values within the Rehabilitation Areas, are matters pertaining to the governmental affairs of the City; and WHEREAS, Owner has made application to the City to participate in the City Business Improvement Grant Program for the Subject Property. 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. The above recitals are incorporated into and made a part of this agreement. The 1 total approved project costs for the building improvements for the structure(s) on the Subject Property shall be $62,000, as set forth in Attachment A attached hereto made a part hereof(such total approved project costs for building improvements are hereinafter referred to as"Eligible Costs" and such structure(s)is hereinafter referred to as the"Structure"). The City shall pay the Owner a sum not to exceed a maximum of$25,000, said sum being less than fifty percent(50%)of the total Eligible Costs,for building 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 Owner, who shall provide the City with a full release concurrently with 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 building improvements hereby provided for(hereinafter referred to as the"Work"),as designated from the design drawings, specifications,and/or scope of work as set forth in Attachment B attached hereto made a part hereof,and 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 Senior 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 that may otherwise be required by law or by the City. Any and all portions of the Work that 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 all 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. Notwithstanding anything to the contrary in this Agreement, City shall be entitled to withhold payments pending the submission of partial or full waivers of lien, and/or certifications,verifying the receipt of payment for all work performed by all contractors and/or subcontractors up to the date of the Owner's application for payment in City's sole discretion. City shall further be entitled to make such payments directly to any contractor and/or subcontractor as may be necessary to obtain such lien waivers and/or certifications. In the event the City makes any such payments directly to the -2- contractor and/or subcontractors, the amount of such payments shall be deducted from the total amount due to the Owner pursuant to this Agreement and the contractor shall provide a written release to City in the amount of any such payments pursuant to this Agreement. Concurrent with all applications for payment, contractor and/or subcontractors shall provide the City with a written sworn certification of all work performed by all subcontractors and/or contractor and amount paid to all subcontractors and/or contractor as of the date of application for payment. 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, nor shall the total amount paid to Owner in any event exceed fifty percent(50%)of the actual cost of the Work,as set forth in the contractor statement(s) and other documents submitted in accordance with Section 5. 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. The provisions of this section shall survive any expiration, completion and/or termination of 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, 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 that is unrelated to the façade 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 a memorandum of this Agreement against title to the Subject Property. Notwithstanding the aforementioned five(5)-year period,the provisions of sections 7, 12, 19 and 24 herein shall survive the expiration, completion and/or 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 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 -3- Work that 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 Sections 8 and 10 of this Agreement. Each "Owner" signature hereto hereby warrants and represents that there are no other entities having an ownership interest in the Structure that have not executed this Agreement. Section 12. To the fullest extent permitted by law, Owner agrees to and shall indemnify, defend and hold harmless,the City,its officials,officers,employees,agents,attorneys,boards and commissions from and against any and all claims,suits,judgments,costs,attorneys' fees,damages or other relief, including, but not limited to, workers' compensation claims, in any way resulting from or arising out of, or alleged to result from or arise out of, the Work to be performed and/or negligent acts or omissions of the Owner in connection herewith, including negligent acts or omissions of any contractors, subcontractors, employees or agents of the Owner, arising out of the performance of this Agreement and/or the Work, or arisingout of or in connection with any Y litigation based upon any mechanics' liens or other claims, suits,judgments and/or demands for damages by any contractors or subcontractors. In the event of any action against the City, its officers, employees, agents, attorneys, 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. In the event and to the extent that any legal work is performed by the City's in-house legal counsel pursuant to the provisions of this section,City shall be reimbursed by Owner for such legal work at the rate of Two Hundred Fifty Dollars($250.00)per hour,which rate Owner hereby agrees and acknowledges to be a reasonable rate for such in-house attorneys' fees. The provisions of this section shall survive any expiration, completion 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 other 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. The parties hereto hereby agree that venue for any and all actions that 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. All notices,reports and documents required under this Agreement shall be in writing and shall be mailed by first-class mail,postage prepaid, addressed as follow: • As to the City: City of Elgin 150 Dexter Court Elgin, IL 60120-5555 Attn: Community Development Director -4- With a copy of any such notices to: City of Elgin 150 Dexter Court Elgin, IL 60120-5555 Attn: Corporation Counsel As to the Owner: 215 North Spring Street Elgin, IL 60120 Attn: David Ziegler Property Location: 1158 Lillian Street, Elgin, IL 60123 . Section 17. No official, director, officer, agent or employee of the City shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. Section 18. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap,unless based upon a bona fide occupational qualification, and this requirement shall apply to,but not be limited to,the following: employment advertising,layoff or termination, rates of pay or other forms of compensation and selection for training,including apprenticeship. Section 19. Notwithstanding anything to the contrary in this Agreement, with the sole exception of an action to recover the monies the City has agreed to pay to the Owner pursuant to Section 1 hereof, no action shall be commenced by the Owner against the City for monetary damages. Owner hereby further waives any and all claims to interest on money claimed to be due pursuant to this Agreement and waives any and all such rights to interest which it claims it may otherwise be entitled to pursuant to law,including,but not limited to,the Local Government Prompt Payment Act(50 ILCS 501/1,et seq.), as amended,or the Illinois Interest Act(815 ILCS 205/1,et seq.), as amended. The parties hereto further agree that any action by the Owner arising out of this Agreement must be filed within one(1)year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this section shall survive any expiration,completion and/or termination of this Agreement. Section 20. In the event the Owner violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default,and the City shall have the right to seek such administrative,contractual,legal or equitable remedies to which it may be entitled by law as a result of such violation or breach. In the event any legal action is brought by the City for the enforcement of any of the obligations of the Owner in this Agreement and the City is the prevailing party in such action,the City shall also be entitled to recover from the Owner interest at the rate of nine percent (9%) per annum, plus attorneys' fees at the rate of Two Hundred Fifty Dollars ($250.00)per hour,which Owner agrees to be reasonable. Section 21. This Agreement and its attachments constitutes the entire agreement of the -5- parties hereto and the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof. Section 22. This Agreement is and shall be deemed and construed to be a joint and collective work product of the City and the Owner,and as such,this Agreement shall not be construed against the other party,as the otherwise purported drafter of same,by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, of the terms and provisions contained herein. Section 23. This Agreement and the obligations herein may not be assigned by the Owner without the express written consent of the City,which consent may be withheld at the sole discretion of the City. Section 24. The Owner shall comply with the Illinois Prevailing Wage Act, 820 ILCS 130/0.01, et seq., including, but not limited to, paying the prevailing wage and requiring all contractors and subcontractors to pay the prevailing wages required therein and completing all necessary documentation and reporting requirements in connection with the Work to be performed pursuant to this Agreement. Without limiting the foregoing the Owner and all contractors and subcontractors rendering services under this Agreement must comply with all requirements of the Prevailing Wage Act, including,but not limited to, all wage,notice and recordkeeping duties. Section 25. Notwithstanding any other provision of this Agreement,it is expressly agreed and understood that in connection with the performance of this Agreement,the Owner shall comply with all applicable federal, state, city and other requirements of law, including,but not limited to, any applicable requirements regarding the City Business Improvement Grant Program,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 of such audit. The provisions of this section shall survive any expiration, completion and/or termination of this Agreement. Section 26. The City of Elgin Business Improvement Grant Program Guidelines revised July 2005,as amended from time to time by the City,are hereby incorporated by reference into this Agreement(Attachment C). Section 27. Time is of the essence of this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date first -6- appearing above. CITY OF ELGIN ATTEST: By: $SII ' .Stegall Kimberly Dewis City Manager City Clerk OWNER: Z Investments, LL By: Name/print: -D lrJ i e:1\ l� Its: 'v\4etAATek- -7- • Attachment A Total Approved Eligible Project Costs Property Address— 1158 Lillian Street Property owner—Z.Investments,LLC t\LLQl,I III ICI IL f••1 l - • Eligible Costs g Lasonry Inc 630-443-3467 p.2 PROPOSAL ®TM MASONRY,INC. Proposal No. P.O.BoX987 Sheet No, St.Charles,il. 60774 Office(630)443-3469 Date 7-31-12 Pax (630)443-3467 • Mail:dtmmas@aol.com P>rroposai Submitted To 1 Work To Be Performed At V §byes McNutt Construction f Street Ziegler's Ace Hardware 1158 Lillian St. Street- 1 City Elgin State II..City I Date of Plans 7-02-12 ice 1 Architect Silva Telephone Number_ 1 We hereby propose to furnish the materials and perform the labor'necessary for the completion of Thin Brick Veneer: Thin Tech "Elite" by Glen Gery Panels as per plan • Brick allowance $2.90/ sqft with natural color type"N" mortar Quote includes all materials to 1p1ete thin Tech wall system per manufacturers recommendation. Drainage included in wall panel system with vents. Total Cost $62,000.00 exclusion: water, duttpster for masonry waste,vapor barrier. I I • AA material is guaranteed to 1e as specified, and the above work to be performed In accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of sixty two thousand and xx/100 --Dollars t5 62,000.00 !. rriarle payments to be as follows: ��— monthly draws for completed work and stored materi is Any alteration or devlatten from above specifications involving Respectfully submitte —`-��"extra costs, will be executed only upon written orders, and an meson PresrCiant • will become an extra charge over and above the estimate. All agreements contingent uo,on strikes,accidents or delays beyond PerDTM Masonry Inc. our control_Owner to=rorry fire, tornado and other necessary � insurance upon above vrork. Workmen's Comperoa;ion and Public Lia!ility Insurtrraa on above work to be taken our by Note—This proposal may bit withdrawn DTM Masonx'y Inc. by us if not accepted within 60 days , ACCEPTANCE OF PROPOSAL The above prices, sp'e:cifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment ari ii be made as outlined above.If suit is required in order to secure payment, I agree to pay all collection costs, reasonable attorneys' yeas,18%interest per annum until date of payment. Signature____ _— Date Signatures. i Attachment B Scope of Work and Building Plans Property Address— 1158 Lillian Street Property owner—Z. Investments, LLC 1. Building Elevations: a. Demolish existing building elevations comprising of framed vertical siding, and existing storefront windows, entry ways and mansard roof features. b. Install Thin-Brick veneer system around entire building. Brick veneer systems comprising of High Performance Commercial Grade "Glen-Gery"Thin Tech with drainage or equal installed per manufacturer specifications and details. The brick material colors are "Summitville"for the Thin Brick and#26 Savannah for the field between the piers, #21 Raleigh for the Wall Piers and Columns at the entryway feature. • c. The south elevation to be designed with four bays in total with the following detailing: i. Two easterly bays to be designed with: 1. storefront window treatments constructed in aluminum frames with thermal breaks, clear anodized finish to match existing and with 1" clear insulated glass in the transom windows, and opaque spandrel glass in the remaining window frames. 2. Installation of metal awning above the storefront window treatments in a color to match standing seam metal roof. ii. Two westerly bays to be constructed as blank walls in the thin-brick veneer with landscape treatments in the form of three trees and no less than 20 shrubs. d. The portion of the exterior walls above the thin-brick veneer to be constructed in an EIFS with high-performance commercial-grade"Dryvit" outsulation plus MD or equal installed per manufacturer's specifications and details. e. The base of the building walls and piers of the entryway feature to be constructed a stone-finish in 1" Rock Face,thin cast stone string course along base of building and at entry column bases—Senate Sage 8 x 16 or 12 x24 unit sizes. -9- HARD ZIEGLER'S ACE WARE 1158 Lillian St, Elgin, IL NELJ-Ij ICE w ,.:,:I .•,--.;...—....-,-1...4..,.-e44..:.-,"4...,. x ' f,, - .mows It " -- -' ' “ ar" £ d 4 .u. ''':'. ' xt x + t } .. ' iIl- 7.rh'1";'=_4'177 l i;- �r.l' 1"=. South Elevation ' -1-1 F >_ �4 .. .., ____.„.. .., East Elevation SILVA .ARCHI'1"LCTS Sept 2012 ARCHITECTURE PLANNING INTERIORS ❑ 168 E.HIGHLAND AVE. SUITE 102 00111 ELGIN,IL 60120 847-841-1500 POW.WV C000 OKA DST CLAY WPM TEAL ALI rA TOTS • • a .,vt INO _...20111111101/114111rA0- TAM ITV i / a N.__i To g_ ..a �., .r �� ,��. ',1 - I".'�, d 1 �, j m 1 , —, KEY PLAN t V w •Cote SEOLIIT r..-/ wx, �,,,r,® taco Lwace not 1 .,o,: .,v.,1� ...._..-. w.a vo.12/.0022 KO BAT _ A .. T PART.WEST ELEVATION I .:"10 '�-A E la.ao.q SOUTH ELEVATION a.. 1A TA f AT,rac:/eT m�m.nadsirin I • O I*OTT. t..A. a.r)MO TAO TOO I.00 I a TO.2000312110:01 TOW i F.C. OW MOM I @ 1O0m•n..wa MOM PT ROM MIEN 10.00111111 Tool.ro�.vm mrx• CA ❑❑❑ !Ad OCT �a.ao�n ia.e moo ALT a 11.2120 • TOME n g.NEW 00.r""`,usw TOM r. _ ,. • ei — W,• ..a _ — ..amc.,ua I ,..R EINIIIIId 4 I 1 I I NEMO.01 SCR ISO LU .1-0001000 CC II I WI M1Y ` It' ,�PY r �w v r.m --._. _ �wMIim MP 00100 ... I 4'Xr"nmrn I I 5 y .'"'L /_ ,.... ,=... : $ TA' N. N. L _. a i .nrs o flL qi T L j i W J �°, I__ I TO MON ITT.RR n �WITMO ° _O wnwewrAwn co ow 1 I E Q A n.Ewen rr. a. w,w rA>aIMAM ITO-,.. O MN AST.ELEVATION A (n 10. wf.�,�.m,iaw O.R“120.000121p i I — IY N 11 g LU g J W 2 a hl I .11il1111111.,_ coo .� q REV6231.0 MI MD= VHowe OVA.11033220 OW ISSUED FOR&D _ a uE 0]N]/1] mot maw I DRAWN eV MOW I.r, -Tv IIIIIIIOR no I MO II, Yd r1C$ F ; 0lAL1t I 7, -- swum o 1 -'_ E JOB TAMER ONORTH ELEVATION-ENTRY __: I ' TAB 4-r >:mi'a`.mNO MOTECT AT CC 0 , IY p CONSTRUCNO TOM=TO a TION PLAN A I lopooL x..o.enucv 3 1 ELEVATIONS la I r Lam. tr WV WIMP d ?-.IF,, adP j.; ,P J-d a�E' ,Y it-it-Ofr `fdj :;',1rfd PART.CEILING PLAN r PARTIAL FLOOR PLAN F A 1.0 Attachment C City of Elgin Business Improvement Grant Program Guidelines -10- CITY OF ELGIN BUSINESS IMPROVEMENT GRANT PROGRAM GUIDELINES I. INTRODUCTION II.TARGET AREA III. TYPE OF ASSISTANCE IV. OWNERSHIP V.ELIGIBLE IMPROVEMENTS VI.INELIGIBLE IMPROVEMENTS VI .APPLICATION PROCESS AND ADMINISTRATIVE PROCEDURES VIII. CORRESPONDENCE IX.APPLICATION I.INTRODUCTION The City of Elgin has committed to assisting businesses and neighborhoods by assisting neighborhood business areas. In 1998,the City authorized the Neighborhood Business Improvement Grant Program(NBIG),a partnership grant program for building and grounds improvements.In July 2005, the City expanded the program and renamed it the Business Improvement Grant Program(BIG). The BIG program offers reimbursement for eligible improvements to businesses enrolled in the program.Under the program,owners of property or owners of businesses located within the designated target areas are eligible to apply for grant funds equal to 50 percent of the cost of improving their storefronts, building facades or grounds. II.TARGET AREA Properties located in the following targeted areas will be eligible to apply for the Business Improvement Grant: a. Buildings or properties zoned NB(Neighborhood Business)NB business districts offer convenience commodities and services to a neighborhood. b. Buildings or properties zoned RB(Residence Business)RB business districts allow both residences and businesses built at a residential scale along arterial streets. c. Any building or property located on an entryway corridor. 1. Priority will be given to property located o�t31 tx-25 and-V-ffi Street. Revised July 2005 2. If remaining funds are available after July of the budget year, properties located along the remaining entryway corridors will be considered eligible for program participation. NOTE:The Elgin downtown area is not eligible for participation in the BIG. However,the City of Elgin offers several assistance programs specifically for businesses located in the downtown. r, III.TYPE OF ASSISTANCE After approval in the program,property owners can receive matching funds equal to 50 percent of the project cost,up to a total City of Elgin contribution of$25,000 per location. IV. OWNERSHIP An eligible applicant may be the owner of a commercial building or the owner of a commercial business located in the target area.A business owner who is a tenant in a building for which BIG funds are sought must provide written consent from the building owner for all proposed improvements. The tenant-applicant must have at least a five-year lease at the location in order to apply under the program. V.ELIGIBLE IMPROVEMENTS The BIG is intended to fund improvements ranging from signs compliance and landscape enhancements to complete facade restorations. Eligible improvements include: -Upgrading non-conforming signage to code compliance -Landscaping -Exterior lighting -Street furniture(must be approved and licensed by the City of Elgin) -Parking area improvements -Storefront facade enhancements -ADA Handicap accessibility-ramps, doors, etc. Architectural and other design work are eligible costs under the program. Architectural drawings are not required. Potential enhancements visible from a public right-of-way are eligible for funding in the BIG.All work funded under the BIG must conform to all applicable code and ordinances. VI. INELIGIBLE IMPROVEMENTS It is not the urpose of the program to finance ongoing improvements which could be considered part of a building's routine maintenance.Building a itions shall n e funded.Each eligible improvement shall be funded by the program only once.The Revised July 2005 program is not intended to assist in funding improvements not readily visible from the public right-of-way. Ineligible improvements include improvements to the building interior(remodeling floor, office,or display spaces)or exterior maintenance work such as roof repairs/replacements. VII.APPLICATION PROCESS AND ADMINISTRATIVE PROCEDURES I. Applicants shall receive a copy of the program guidelines and application form. The completed application should be submitted to the Program Coordinator. 2. Applications will be reviewed by staff for compliance with all program guidelines.A site inspection will be completed by the City of Elgin's Code Administration staff for an inventory of any violations of the property maintenance,building,or zoning codes. Applicants do not have to be in complete code compliance at the time of application for the program but must be compliant on the building exterior before reimbursement can be made to the business. 3. If an application meets the program guidelines,and sufficient funding is available for the proposed project,the completed application and a recommendation for grant award will be made to the City Council. The City Council shall authorize execution of a grant agreement.An appeal of any application denial by staff may be made to the City Council. The applicant shall notify the Program Coordinator in writing(by return receipt mail) with a request to appeal within ten working days of receiving notice of the disapproved application. The City Council will hear the appeal and review the facts and may vote to uphold or reverse the staff decision. 4.No reimbursement shall be made for work initiated or completed prior to the execution of a grant agreement. 5. All required work shall be completed within one year of execution of the grant agreement. 6. Following the approval of a completed application, and after the applicant has received at least two cost estimates for each of the approved proposed work items,the applicant shall notify the Program Coordinator as to the contractor(s)selected, the contract amount(s),and the anticipated date of project completion. Copies of all bids and. • proposals shall be submitted promptly to the Program Coordinator. The program shall fund an amount based on the lowest reasonable bid for each work item. This determination does not affect the applicant's selection of contractor. The applicant may not serve as his/her own contractor. 7. When applicable,building permits shall be obtained by the applicant before the work begins.ALL PROJECTS MUST APPLY FOR A CERTIFICATE OF OCCUPANCY, if none exists for current uses in the building. Questions regarding permit requirements should be directed to the City's Department of Code Administration at 847 931-5910. 8. All exterior work funded by the BIG Program for properties that are located within designated local historic districts or that are located in areas officially designated as Elgin I raxksTnust cnmpiywith-the-requirements-of-the-Elgin-esigu ideline-lv1-anual-for historic districts.Proposed work is subject to review and approval by the City of Elgin Planning and Preservation Coordinator and/or the Elgin Heritage Commission.For more Revised July 2005 copyof the Historic District DesignGuidelines, contact information, or to obtain a Sarosh Saher at 847-931-5943. 9.After the agreement has been executed and all necessary permits have been issued, work may proceed.All change orders must be approved by the program coordinator in writing. 10.After completion of the project, copies of all bids, contracts, invoices,lien waivers, and cancelled checks must be submitted to the Program Coordinator. City staff will inspect the work for compliance with City codes and conformance with the design plans approved for the project. Payment shall be made to the applicant within 30 days of final project closeout by the City. VIII.CORRESPONDENCE Questions and comments regarding this program may be directed.to: Economic Development and Business Services City of Elgin 150 Dexter Court Elgin,IL 60120 (847) 931-6794 Revised July 2005 CITY OF ELGIN BUSINESS IMPROVEMENT GRANT PROGRAM Application Form Applicant information Name: Home address: Phone: Fax: 2. Business information(the building or establishment for which the grant is sought) Name: Address: Phone: 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 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 of the approved improvements. Applicant's signature: _ Date: 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: fkii, Development and Businc33 Services r=)M City of Elgin 150 Dcxtcr Court Elgin,IL Elgin Development Group Connecting businesses worldwide 1 FOR OFFICE USE ONLY Michael O'Kelley Date application received: Vice President Minimum of two cost estimates obtained FP.647847--741741-5677566t7 Elgin Development Group E.mokelley@eigindevelopment.com A Division oflhe Elgin Area Chamber Ineligible improvements,if any: w.elgindevelopment.com 31 S.Grove Avenue B.elgindevetopmentgroup.blogspot.com Elgin,IL,U.S.A.60120-6403 Grant Approved Date: Total estimated project cost: $ Reason: Percent applied for grant: Total amount of grant: $ Program Coordinator: • tiller • • Revised July 2005 ZEPORT TO MAYOR & MEMBERS OF CITY COUNCIL E Lc I ri THE CITY IN THE SUBURBS- AGENDA ITEM: K MEETING DATE: September 12, 2012 ITEM: Business Improvement Grant for Ziegler's Ace Hardware at 1158 Lillian Street ($25,000) OBJECTIVE: Award grants to Elgin businesses to promote the redevelopment of their storefronts, building facades or grounds. RECOMMENDATION: Approve a business improvement grant for 1158 Lillian Street for the construction of a new ex- terior building facade. BACKGROUND In 1998, the city authorized the creation of the Neighborhood Business Improvement Grant Program (NBIG), a partnership grant program for building and grounds improvements to com- mercial properties within NB Neighborhood Business Districts and RB Residence Business Dis- tricts. In July 2005, the city expanded the program and renamed it the Business Improvement Grant Program (BIG). The BIG program offers owners of property or businesses located within the designated target areas grant funds to improve their storefronts, building facades or grounds. The Elgin downtown area is not eligible for participation in BIG, since the city already offers assistance to businesses through the Downtown Facade Improvement Program. The proposed business improvement grant program application for 1158 Lillian Street, submit- ted by the property owner, Z Investments, LLC (Attachment B), is an example of how the city's economic development incentives can encourage additional private investment of businesses in areas other than downtown Elgin. The property is a neighborhood ACE Hardware store, built in 1959 with approximately 15,000 square feet in built-up area. The store is owned and operated by Ziegler family members who operate nine ACE Hardware stores in the Fox Valley area. OPERATIONAL ANALYSIS To be eligible to participate in the Business Improvement Grant Program, commercial proper- ties must be located within an NB Neighborhood Business District or an RB Residence Business District. A property owner is eligible to receive 50 percent of the cost of eligible improvements, Jt{ , 1 up to a maximum of$25,000. Improvements are recommended to be approved in advance, and each eligible improvement will be funded only once. Architectural and other design services are an also an eligible cost funded by the program. The property owner is proposing an approximately $183,000 comprehensive upgrade to the property. The work essentially involves replacing the existing facade with a new brick façade facing the front, parking lot side, and entryway covering a considerable portion of the building. The façade is being significantly improved through the addition of a new thin-brick veneer, a modern cornice feature, new signage within a redesigned tower feature, the addition of updat- ed storefront windows and metal awnings. The initial submittal proposed a street-facing elevation delineated into four blank bays without storefront windows except for a row of transom windows in the easterly bay. Staff worked with the applicant to significantly improve the aesthetics of this highly visible elevation by adding storefront window treatments and new metal awnings in two bays, landscaping the area in front of the remaining two bays to soften the blank wall effect, and installing additional accents in the entry feature. The property owner is requesting funds from the BIG program to offset the costs of installing the new brick facade. The total cost of the brick facade installation is approximately $62,000. Attachment C contains the details on the proposed scope of work and cost estimates. The ACE Hardware store is located in a high traffic area and this façade enhancement will be visible by a large number of people. The improvement may also encourage other businesses in the neigh- borhood to invest in and improve their properties. The property owner has hired Silva Architects, Ltd. to design the façade (Attachment D) and co- ordinate the overall project. INTERESTED PERSONS CONTACTED Michael O'Kelley of the Elgin Development Group (EDG) facilitated the proposed business im- provement project with the property owner Z Investments, LLC in accordance with the EDG's 2012 purchase of services agreement with the city. FINANCIAL ANALYSIS The applicant has obtained two competitive bids for the proposed scope of work to install the new brick façade (Attachment C). The eligible cost for the project, based on the lowest bid, to- tals $62,000. The city's participation is limited to $25,000 which is the maximum amount al- lowed under the BIG program. h 2 BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE Riverboat 275-0000-791.80-27 179556 $25,000 $25,000 LEGAL IMPACT If funding is approved, an agreement between the city and the property owner will be required. ALTERNATIVES If city council does not approve the grant, the applicant will be required to fund 100 percent of the project. At this time, the property owner has indicated that the project is made more viable with grant funds to offset the private costs of improvements. NEXT STEPS 1. The grant recipient will need to sign a legal agreement before starting work. 2. The property owner will need to obtain the necessary building permits for the proposed work. All permits will need to be obtained prior to starting construction on the project. 3. Through the duration of the project, staff will monitor the project and work with the property owner to resolve any issues that arise during construction. Major changes or elimination of certain items in the approved design plan must be approved by the city. 4. Upon completion of the project, copies of all bids, contracts, and invoices will need to be submitted to the city along with contactors waivers of lien (or partial waivers of lien for individual discrete components of work). The property owner will need to request a final inspection on the project. 5. City staff will inspect the work for compliance with city codes and conformance with the design plans approved for the project. A final payout of the grant amount will only be made on completion of the final inspection and review of all out of pocket expenses. Originators: Sarosh Saher, Senior Planner Marc Mylott, Community Development Director Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager r � t�f 3 ATTACHMENTS A. Recommendation of the Elgin Development Group B. 1158 Lillian Street Business Improvement Grant Application C. Eligible Scope of Work and Contractor Cost Estimates D. Proposed Elevation Improvements and Existing Photographs • i h 4 is aim Elgin Development Group Connecting businesses wo lowicie August 27,2012 TO: Mayor and City Council Members FROM: Michael O'Kelley, VP Economic Development, ELGIN DEVELOPMENT GROUP SUBJECT: Business Improvement Grant for 1158 Lillian Street,Ziegler's Ace Hardware. Under the responsibilities specified in our purchase of services agreement of 2012 with the City of Elgin I have served as the Program Coordinator of the Business Improvement Grant(BIG) program. Under the program, buildings or properties zoned Neighborhood Business(NB)are eligible for a matching grant of 50% up to$25,000 toward the cost of improving their storefronts, building facades or grounds. Currently there is$50,000 budgeted under the BIG Program for 2012 and available for projects. I have worked with ownership representative Mr. David Ziegler VP of Z Investments and his architect Mr.Stephen Silva AIA, LEED AP on this project to bring significant enhancements to the property at 1158 Lillian Street, Elgin. The entire new facade project developed is an extensive revamping of the look of the store through significant additions to the two main sides of the building that are seen from the street: front and entrance/parking lot facades. The Elgin Development Group is very pleased with the overall Lillian Ace project and believes it will be a major enhancement to the look of the neighborhood business environment while potentially sparking other redevelopment. The overall project cost is around$183,000. Specifically,the subject of this grant request is a grant to match the brick veneer cost of the project. The low bid cost for installation and material of Glen Gery,Thin Tech brick panels on the façade was $62,000 from the contractor DIM Masonry, Inc. Therefore we recommend a maximum Business Improvement Grant of$25,000 for the project. Respe ully, Michael O'Kelley VP ECONOMIC DEVELOPMENT Attachment B CITY OF ELGIN BUSINESS IMPROVEMENT GRANT PROGRAM Application Form Applicant information • Name: Z+(-tq e v s t t C C Aav,ou\irtV-e_ Home address: S /j . S E,( %'A.01 S Phone: P(7-7yf - S3:10 'Z.cr?Fax: �lf�- ,cZc 2. Business information(the building or establishment for which the grant is sought) Name: • 2 c e v"s rem -- C,(t ((u 5-3-- Address: l.l.C-4< t-i < <4 S Phone: - ( 4t 5 - l'7 2 2-, Fax: Applicant is:Owner 7C Tenant If tenant,term of lease: Is this location a commercial building or a commercial business?Yes )C No Facade to be improved: Front x Side Rear rev voz, c v*v`( w A`( 3.Addresses of additional storefronts,if any: Total number of storefronts: Total number of stories: 1 4. Proposed use of program: Canopy/awning V Signage V Windows/doors Exten r lighting Paintin tuc ointing V� Restoration of architectural feature Brick cleaning Landscaping Exterior ADA accessibility Street furniture and fixtures V Other(please specify Neu,) 732 i c c- V k.-c-iz. 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 tmderstands that the applicant must submit detailed cost documentation, copies of building permits,bids contracts and ' voices and contractor's final waivers of lien upon completion of the rove ro/ ements. f1) V-V` Date: /2� Applicant's signature: . • If the applicant is other an the owner,the following line must be completed: —---- -- I certify-that I;the -erof it top at c• �� f C do avuliorize the applicant to apply for arebate under the Neighborhood Business Improvement Grant Program and to undertake the approved improvements. • Lease beginning date: N/A' Lease ending date: • Owner's signature: • Date: • • Return completed.application form to:ittiti Dtvclopinznt-and Business Ecrvicos • eity-e•E-BetertElg ,IL4 Elgin Developrrent Group • Connecting businesses worldwide FOR OFFICE USE ONLY • Michael O'Kelley Date application received: • • vice President • Minimum of two cost estimptes obtained• pP..884477-7742111:55637670 Etter'Development Group moltelley@elgIndevelepmenL Dom A 01vIsIon of the Elgin AT.alsarnbtr Ineligible improvements, if any: w.elgindevelopment.com 31 S.Grove Avenue • 5.e4ndevelopmentgroup.blogspot.com Elgin,IL,U.S.A.60120,6403 Grant Approved Date: •• • • Total estimated project cost $ Reason: • • • Percent applied for grant: - . Total amount of grant:$ • . Program Coordinator: Raymond IL Mollt, • • • • • • • • • • • • • • • . . • • • • • • • • • • • • •• • • • • Roised July 2110.5 • • • ------- Attachment C - • Cost Estimate 1 Aasonry Inc 630-443-3467 p.2 PROPOSAL 1 DT111 MASONRY,INC, Proposal No. P_O.BoX9 8 7 Sheet No, . St.Charles,il. 60174 Office(630)443-346 9 nett 7-3.1-12 Fax (630)443-3467 • E-Mail: dtmmas@aol.coin • Ptnopoeal Submitted To I Work To Be Performed At • %ales McNutt Construction ! Street Ziegler's Ace Hardware 1158 Lillian St. Street ( City Elgin I1. Cityl 7-02-12 State State Data of Plans I Architect Silva ! Telephone Number_,_, I We hereby propose to furnish the materials and perform the labor necessary for the completion of Thin Brick Veneer: Thin Tech "Elite" by Glen Gery Panels as per plan • Brick allowance $2.90/ soft with natural color type"N" mortar Quote includes all materials to complete thin Tech wall system per manufacturers recommendation. Drainage included in wall panel system with vents. Total Cost$1'l,000.00 exclusion: water, dumpster for masonry waste,vapor barrier. • II An material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of I! sixty two thousand and xx/100 ooliars(S 62,000.00 L with payments to be made as follows: monthly draws for completed work and stored materials Any alteration or devlatton from above a Ifieations involving Respectfully Submittl• {� `r � —. extra costs, will be executed only upon written orders,and an l�tesofl, Pres ant will become an extra charge over and above the estimate. All agreements contingent ucmn strikes,accidents or delays beyond n DTil1 ViaSOOr;r Inc.our control.Owner to marry tire, tornado and other necessary er --�` 1 insurance upon above vvork. warkrnen's Compensation and l Public ueoifity lu o•e uran on above work to be taken our by Note—This proposal may he withdrawn IDTM Idasonr:•y Inc. by us if not accepted within 60 days , ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified.Payment Hri II be made es outlined above.If suit Is required In order to secure payment,I agree to pay all collection costs, reasonable attorneys'flees,18%interest per annum unto date of payment. Signature_ _ __—_. Date---_____ Signature• , --- i Attachment C - Cost Estimate 2 IfliRRO:IK h1ASON1 l' INC. 2004 N4750 Road Phone 815-495-2703 • Leland IL 60531 Fax 815-495-9230 Masonry Proposal 8/1/2012 RE: Ziegler's Ace Hardware Burroak Masonry is pleased to provide the following quotation for the above referenced project.Our proposal is based on drawings by Silva Architect's Total Proposed Bid $78, 600.00 Work included; Union labor and supervision, specified Glenn-Gerry thin tech. thin brick system, all mortar and misc. accessories also includes final exterior washing Work Excluded: ** DOES NOT INCLUDE AIR VAPOR BARRIER. Our price does not include, dumpster enclosure, site sign, caulking, welding, angles, plates, utilities, lintels , remobilization, frame setting, bond, shelf angles, dovetail slots, bond breaker, post installed anchors, surface waterproofing, design, winter conditions, engineering, reglets, exterior sealers, nailers, integral waterproofing, site work, building wrap, bond breaker strips, demolition, cutting, patching, patching contingency allowance, top of wall angles, debris dumpster, water to site. All work to be completed in a workmanlike manner according to standard practices. Thank you for the opportunity to bid this project. Chris Janick janick@burroakm asomv.com 815-716-3067 cell Attachment D-Initial Elevation Submittal ZIEGLER'S ACE HARDWARE 1158 Lillian St, Elgin, IL icE 1 m t c-1� �, ter: A r — '!,l_w "`°.�., ;,,k?.E.h�o h�,.1£,.;. sue..... „ , .,a;,, ..i9,5L:& SYS63"1'a:zlb%hFY'X- rN"^,,,+., :?r�r�r •r'„ "s `::r _ '',.eri South Elevation u -^.a alitr� ; , ,-°-2-'1. . ...' ,-; ___ ri . .,„,,,, ... .„.. . '— .----''''—' '-' '' -—771'',Ci :-:,'::rqrfl sa.1 v.-4A no.,;,,z.....4t._,.g,...5..., East Elevation SILVA ARCHITECTS July 2012 D ARCHITECTURE PLANNING INTERIORS ❑ 168 E.HIGHLAND AVE.SUITE 102 ELGIN,IL 60120 CI 847-841-1500 -I 1/111110111111111rM, t_t___ "'''''''Ilill .n".."'_ AL _.;1111111111111111111111.0b. I .I MD I iiiiiii hi, ib. 1.3 . 4>;k a f w W"gs I~ ;r . a 11111111111 pie 111 0 1 KEY PLAN iligilliff Oaf.dn„ 0.04 01ST Mt 1 ..a! .o, J ,. L.L �• ow rMT Mt PART.T..fWEST ELEVATION . ...es TO 0 00.0 OMM , "'a :1 O SOUTH ELEVATION ••••• • • ��0A MK MAMA OD COM FaT044.0 le MP.mR:e. `°°° OLD M•202 PM we owe aF.o iy`-- ��,lm.m.:gym°' r ....a.,. I .... I 1 1 I 1 • s t .R....a .,EE. w a -- �.R�: I I Z a —, LB O Cr fi ep a as i 5 =. r . 1;: I / N o- N I E -J 1 L I m • men Te r_TO r n, :° nee -..,R•uv, I E Q „ J �a MD a A ale EAST ELEVATION W.,ileeteoa ea sm. ..� w • Ma eta Nei=M0 ' W a iri U II N 7 .EVE1p.0 .dl/1I111111,- grr .1117 11-\,i DI. Ir /\ I I ISSUED (2FOR MO No .1=w• V nP�, wee re _p..s DRAWN or OM MOE a• { I I I.. .� WS ' _—_ oTlov+z r-------1 / I • I ' - ❑� . _J „H °"'m" _ t J I I `� ,o..n.eE.. ONORTH ELEVATION—ENTRY _ 's 0 I I MET I ,b AWLITw re a.0 R,a� wi Me A Moo Fe I �i(� CONSTRUCTION NO1 Pale ,wr oKi uuv � T-J I w 1. I t.w m.scs i wen I I I I ELEVATIONS —1[1 PAY —MEI so vs W vs to I �_�— Il r NEE,NUMBER M: O_PART.CEILING PLAN O PARTIAL FLOOR PLAN Al.0 Attachment D - Existing views of building veg ggg 3 t. Ji T'' Y;14, '`m; '{t r i• •.; 'Sit _ ,t'', �`l R, e ri 26 're 1114, 7121* qq • lb - .fir �' n_ 1 .we Attachment D - Aerial View of Property f' aVxi `'�'+ +�"`� , _ '''" "n"•N,1 Viz' '' .' ,- r �' f 1 : � t3 t 1 44 e _ j ii•'' ry i dfJJ g(), ¢ 4 F t :ire _ £* l, .•y, -`'^4:fT �...s� l "'� u r _ £ \. ^r.`^.—.yam. ^•r—�,�� a3$ '^ae..."^^+••..... f.a • & F if 1 a,> ° CoPl+riohi3?bl l Picts ehyluteru3oua1 Ccxp „ r ELGIN THE CITY IN THE SUBURBS- DATE: October 18, 2012 TO: Sarosh Saher, Senior Planner FROM: Jennifer Quinton, Deputy City Clerk SUBJECT: Resolution No. 12-147 Adopted at the September 26, 2012, Council Meeting Enclosed you will find the agreement listed below. Please distribute this agreement to the other party and keep a copy for your records if you wish. 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. • Business Improvement Program Agreement with Z Investments, LLC (1158 Lillian Street))