Loading...
HomeMy WebLinkAbout91-0710 Goldstein o1►- O"-10 ly CA0kAS4eivl RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a facade improvement program agreement on behalf of the City of Elgin with Jerry L. Goldstein for the property commonly known as 107 and 109 E. Highland Avenue, and 25, 25i and 27 North Grove Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: July 10, 1991 Adopted: July 10, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN FACADE IMPROVEMENT PROGRAM AGREEMENT THIS AGREEMENT, entered into this llth day of July , 19 g1between the City of Elgin, Illinois (hereinaf- ter referred to as the "City" ) and the following designated own- er, to wit: Owner' s Name: . Jerry L. Goldstein Address : 1514 Maple Lane City: Elgin State: IL Zip Code: 60123 Telephone Number: 888-0060 Property Location: 107 , 109 East Highland Avenue 25, 25 1/2, 27 North Grove Avenue WITNESSETH: WHEREAS, the City has established a Facade Improvement Pro- gram for application within certain designated rehabilitation areas of the City; and WHEREAS, said Facade Improvement Program is administered by the Center City Development Director of the City and is funded solely from City funds provided for purposes of control and pre- vention of blight, dilapidation and deterioration of designated areas within the Community; and WHEREAS, pursuant to said Program the City has agreed to participate in sharing the cost of Facade Improvements to estab- lishments within a designated rehabilitation area according to the formula set forth in Section 1 . of this Agreement; and Z - WHEREAS, the architectural consulting firm retained by the City shall provide participants in said Program with certain conceptual design work regarding the proposed improvement, includ- ing a color rendering of the improvement design, and an outline work specification; which work shall be at no cost to the partici- pant; and WHEREAS, the participant is the owner of a commercial build- ing or the tenant of a commercial building located within a desig- nated rehabilitation area, and the owner desires to participate in the Facade Improvement Program pursuant to the terms and provi- sions of this agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreement .obtained herein, the City and the Owner do hereby agree as follows : SECTION 1 . The City shall share in the facade improvement cost for the owner's property by providing a rebate of 35% for 188 feet of store front which extends upwards through a maximum of two story levels, up to a maximum amount . not exceeding $30, 000 . An additional rebate of 0% up to a maximum of $0, will also be provided for facade improvements which extend into that part of the structure extending above the initial two stories of the building. (For each 30-foot increment of front, a pro-rata rebate has been applied. ) Two or more building owners and/or business owners represent- ing same block properties may submit a joint application. _ In such case, the amount of rebate will be adjusted upward depending -2- t upon the number of property owners and/or business owners in- volved: No. Properties Percent Rebate 2 40% 3 45% 4 or more 50% This adjusted rebate does/ (does not) (circle one) apply to this application and applicants shall receive a 0% rebate up to a maximum of $0 . The facade improvement costs which are eligible for City participation include all labor, materials, equipment and other contract items necessary for the proper execution and completion of the work as designated from the design drawings approved by the Application Review Team and prepared by an architectural consultant. Said design drawings and specifications are attached hereto as Exhibit A. SECTION 2 . No facade improvement work shall be undertaken until the design therefore has been submitted to and approved by the Application Review Team, consisting of the Center City Devel- opment Director, Plan. Examiner and Rehabilitation Specialist. Following approval, the Owner shall contract for the work and shall commence and complete all such work within one hundred eighty ( 180) days from the date of execution of this Agreement. SECTION 3 . The Center City Development Director and the City' s Plan Examiner shall periodically review the progress of the contractor' s work on the facade improvement pursuant to this Agreement. Such inspections shall not replace any required per- -3- L mit. inspection by the Bureau of Inspection Services of the City. All work which is not in conformance with the approved drawings and specifications shall be immediately remedied and deficient or improper work shall be replaced and made to comply with the ap- proved drawings, specifications, and terms of this Agreement. SECTION 4 . Upon completion of the facade improvement and upon its final inspection for code compliance and conformance with the approved design plans, and approval by the Center City Development Director and other relevant City departments, the Owner shall submit to the City a properly executed and notarized contractor statement showing the full cost of the work as well as each separate component amount due to the contractor and each and every subcontractor involved in furnishing labor, materials or equipment in the work. Copies of all bids, contracts and invoic- es shall be included with this submittal . In addition, the owner shall submit to the City proof of payment of the contract cost pursuant to the contractor' s statement. The City shall, within fourteen ( 14 ) days of receipt of the contractor' s statement and proof of payment issue a check to the Owner in payment of the applicable rebate as indicated in Section 1 . of this Agreement. In no, case shall the amount paid to the Owner exceed the amount specified in this Agreement or in the contractor statement. SECTION 5 . If the Owner or his contractor fails to complete the facade improvement work provided for herein in conformity with the plans, specifications and terms of the Agreement, then, upon written notice being given by the Center City Development Director to the Owner, by certified or registered mail addressed -4- to the Owner' s address as set forth in this Agreement, this Agree- ment shall terminate and the financial obligation on the part of the City shall cease and become null and void. SECTION 6 . Upon completion of the facade improvement work pursuant to this Agreement and for a period of five (5) years thereafter, the Owner shall be responsible for properly maintain- ing such facade improvement in its finished form and without change or alteration thereto, as provided in this Agreement, and for the said period of five (5) years following completion of the construction thereof, the Owner shall not enter into any Agree- ment, or contract or take any other steps to alter, change or remove such facade, or the approved design thereof, nor shall the Owner undertake any other changes, by contract or otherwise, to the improvement provided for in this Agreement unless such chang- es are first submitted to the Center City Development Director, and any additional review body or commission designated by the Director, for approval; which approval shall not be unreasonably withheld if the proposed changes do not substantially alter the original design concept of the facade as specified in the draw- ings and plans approved pursuant to this Agreement. • SECTION 7 . 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 8 . This Agreement shall be binding upon the City of Elgin and its successors, and upon the Owner to said property for a period of five (5) years from and after the date of completion -5- and approval of the facade improvement provided for herein. It shall be the responsibility of the Owner to inform subsequent Owner(s) of Section 6 of this Agreement. SECTION 9 . If the participant is the owner of a business and does not own the property for which improvements are being made, the participant assures the City that he has a lease at the location for which the facade improvement is proposed for a term of at least five years . (Copy of lease to be attached to this Agreement. ) The participant acknowledges that he has received authorization by the Owner of the property for which improvements are to be made to accept funds under this program and to under- take the improvements . Further, such Owner of the property for which improvements are to be made hereby acknowledges that he is aware of this Agreement and authorizes the improvements which are to be made to the premises . Said Owner of the property for which improvements are to be made further acknowledges, 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. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date first appearing above. OWNER CITY OF EL Larry L. Ric , City Manager DE 1-1-7— ATTEST: City Clerk -6- APPENDIX 1 FACADE IMPROVEMENT PROGRAM AGREEMENT NON-APPLICANT OWNER ASSURANCES As title holder to' the property located at , Elgin, IL, I do acknowledge that, as the non-applicant owner of said property, I am aware that: 1 . The tenant, , has entered into an agree- ment with the City of Elgin to perform approved improvements to the aforementioned property under the terms of the City of Elgin Facade Improvement Program, and I hereby acknowl- edge that I approve of the performance of the approved im- provements to the aforementioned property. 2 . The Agreement between the above named tenant and the City of Elgin is binding upon me as the Owner of the involved proper- ty, specifically, but not limited to the provisions of Sec- tion 6 of said Agreement. Signature of Non-Applicant Owner -7- t 1 CITY OF ELGIN FACADE IMPROVEMENT PROGRAM APPLICATION FORM A non-refundable fee of $50 .00 must accompany this application. Checks should be made payable to "City of Elgin - Facade Improve- ment Program" . 1 . Applicant Jerry L. Goldstein (Name) Home Address 1514 Maple Lane, Elgin, IL 60123 888-0060 (Street) (City/State/Zip) (Phone) Business Address 107 E. Highland Ave. , Elgin, IL 60120 888-8500 • (Street) (City/State/Zip) (Phone) 2 . Building or establishment for which the rebate is sought. 107 E. Highland Avenue (Street address ) Applicant is : x Owner Tenant If tenant, what is term of lease? NOTE : A tenant applicant must have, at minimum, a five-year lease at the location in order to apply. 3.6 (Based on 110 Linear Ft.) 3 .. Total number of storefronts Addresses of storefronts • 25 N. Grove Avenue 107 E. Highland Avenue 251/2 N. Grove Avenue 109 E. Highland Avenue 27 N. Grove Avenue Total number of stories two Facade to be improved Front x Side x Rear 4 . Proposed use of program: x Canopy/Awning x Signage x Windows/Doors x Exterior lighting x Painting/Tuck x Restoration of architec- pointing tural features .. .d, :Si;.. Brick cleaning Other (please specify) 5 . Statement of Understanding. A. The applicant (undersigned) agrees to comply with the guidelines and procedures of the Facade Im- provement Program and the conceptual design and outline specifications as agreed to by the appli- cant 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 com- pletion of the approved improvements . Signature pplic ignature • If the applicant is other han th owner, the following line must be completed: I certify that I , the owner of the property at 107 E. Highland do authorize the applicant to apply for a rebate under the Fa- cade Improvement Program and undertake the approved improvements . i O e Signature /Date 13, 1991 For Office Use Only: Date Application Received: `h20 9 /5 1991 Application Fee Paid: X Yes No If Yes X Check Cash Application I .D. Number ono ' -4-y34.--m ,.• . I Rebate Approved: Date 11 Lt %b, /9 9 / ( v�(�cil, ) Total Estimated Project Cost vC VOoi Qnn Percent Applied for Rebate ,3 5, �Q Total Amount of Rebate 'fit 30, U() n (m'? ay,• J7t yon Gomez. co-Q,t. Rebate Denied: Date Reason 1\) cAsti'&')O Y" (/ !2 Program Coordinator