HomeMy WebLinkAbout91-0724 Sabo °►1- o3-a4
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RESOLUTION
AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT
( 151 Highland Avenue)
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 Jack Sabo for the property commonly
known as 151 Highland Avenue, a copy of which is attached
hereto and made a part hereof by reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: July 24 , 1991
Adopted: July 24, 1991
Vote: Yeas 6 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
CITY OF ELGIN
FACADE IMPROVEMENT PROGRAM AGREEMENT
THIS AGREEMENT, entered into this 25th day of
July , 1991 between the City of Elgin, Illinois (hereinaf-
ter referred to as the "City" ) and the following designated own-
er, to wit:
Owner' s Name: Jack Sabo
Address : 1114 Florimond
City: Elgin State: IL Zip Code: 60123
Telephone Number: ( 708) 888-0292
Property Location: 151 Highland 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
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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 45
feet of store front which extends upwards through a maximum of
two story levels, up to a maximum amount not exceeding $10,000 .
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 re-
bate 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
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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 % rebate
up to a maximum of $
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-
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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
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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
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provided approval of the p facade improvement 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 ELGI
9fsk4/vid &kr-
La y I!'61t4-4A City Manager
ATTEST:
City Cler
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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
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III
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CITY OF ELGIN Brick cleaning
FACADE IMPROVEMENT PROGRAM APPLICATION FORM Other (please specify) C'
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 J 1 (9 a{ . 4 eO S !UOi O O n/c 5. Statement of Understanding.
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Home Address Ili ' l ( o (?:Mur!D EC GI A, T( ( 60,73 &ti--07',r A. The applicant (undersigned) agrees to comply with
(Street) (City/State/Zip) (Phone) the guidelines and procedures of the Facade Im-
provement Program and the conceptual design and
Business Address I f/ /-/'6,./(At/D F((J,.v I/( 60i7 p 69 :`/5-9p outline specifications as agreed to by the appli-
(Street) (City/State/Zip) (Phone) cant and the application review team.
B. The applicant understands that the applicant must
2. Building or establishment for which the rebate is sought. submit detailed cost documentation, copies of
0 building permits, bids, contracts and invoices
/ / h'/6r/(.4-1 Hue and contractor's final waivers of lien upon com-
(Street address) pletion of the approved improvements.
Applicant is: ✓Owner Tenant
If tenant, what is term of lease? Signature
Ap icant Signature
NOTE: A tenant applicant must have, at minimum,
a five-year lease at the location in order If the applicant is other than the owner, the following line
to apply. must be completed:
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3. Total number of storefronts / (a //)fQ(XQ..QJ, I certify that I, the owner of the property at
!i do authorize the applicant to apply for a rebate under the Fa-
Addresses of storefronts cade Improvement Program and undertake the approved improvements.
Owner Signature
Date
Total number of stories Z .
Facade to be improved Front 1/ Side V Rear V For Office Use Only:
4. Proposed use of program: Date Application Received: iOP/l ;20 NQ9/
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Canopy/Awning Signage Application Fee Paid: ,\ Yes No
'Windows/Doors Exterior lighting
If Yes )( Check Cash
\.- Painting/Tuck Restoration of architec-
pointing tural features ApplicationI.D. Number ,610,
Rebate Approved: Date 6/ 1-//9/
Total Estimated Project Cost ` 20,00(.)
Percent Applied for Rebate 357o pair „J 1cricie, Ca)
Total Amount of Rebate 0
Rebate Denied: Date
Reason
/[J K Ups
Program Coordinator
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