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HomeMy WebLinkAbout99-167 Resolution No. 99-167 RESOLUTION AUTHORIZING EXECUTION OF A NEIGHBORHOOD BUSINESS IMPROVEMENT PROGRAM AGREEMENT (378 Division Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Neighborhood Business Improvement Program Agreement on behalf of the City of Elgin with John Anderson for the property commonly known as 378 Division Street, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: June 23 , 1999 Adopted: June 23 , 1999 Omnibus Vote : Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN NEIGHBORHOOD BUSINESS IMPROVEMENT PROGRAM AGREEMENT THIS AGREEMENT is made and entered into this 24th day of June, 1999, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") , and John Anderson, (hereinafter referred to as "Owner") . WHEREAS, City has established a Neighborhood Business Improvement Program (hereinafter referred to as "Program") for application within Neighborhood Business (NB) and Residence Business (RB) Zoning districts of the corporate limits of City designated by City as appropriate for such application (hereinafter referred to as "Business Areas") : and WHEREAS, Program is administered and funded solely by City for purposes of the control and prevention of blight, dilapidation and deterioration of Business Areas; and WHEREAS, pursuant to Program, City has undertaken to share the cost of certain exterior improvements to structures within the RB and NB Areas, pursuant to the criteria set forth herein; and WHEREAS, Owner owns at least 50°% of a building (s) , or is the tenant of a business related building (s) located within an RB or NB area, and owner desires 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 . City shall pay to Owner or tenant a sum not to exceed 50% of the total approved project costs, the City' s share of such costs not to exceed $ A57000 for exterior improvements approved pursuant to the provisions of this Agreement (hereinafter referred to as "Eligible Costs") for the Structure referred to at Section 16 herein (hereinafter referred to as "Structure") . All parties hereto agree that all payments from the City provided for herein shall be made to John Anderson, who shall provide the City with a full release upon receipt . 1 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 exterior Improvement hereby provided for (hereinafter referred to as the "Work") , as designated from the proposal approved by the Project Review Team pursuant to the provisions of Section 3 herein. Section 3 . No Work shall be undertaken or shall be considered to constitute the basis for an Eligible Cost until the Proposal for such Work has been submitted to and approved in writing by the Project Review Team, consisting of the City' s Director of Business Services and Properties, and Manager of Property Maintenance and a Code Enforcement Officer. Such proposals 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 by 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 (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 . 2 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. Section 8 . Upon completion of the Work, and for a period of five (5) years thereafter, Owner shall properly maintain the Work in its finished form, without alteration or change thereto, and shall not enter into any agreement, or take any other steps to alter, change or remove such Work without prior written approval from this 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 exterior 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 . 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 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 . Each Owner and Tenant 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 in connection with Owner' s or Owner ' s agents, employees and assigns ' negligent performance of any of the terms of this Agreement . 3 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 inn 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 : John Anderson Address : 384 Division Street City: Elgin State : IL Zip Code : 60120 Telephone Number: (847) 742-0539 Property Location: 378 Division Street Ownership Interest : Owner Contact Person: John Anderson Owner' s Name : Address : City: State: Zip Code : Telephone Number: Property Location: Ownership Interest : Owner: Owner' s Name : Address : City: State : Zip Code : Telephone Number: Property Location: Ownership Interest : Tenant : Owner ' s Name : Address : City: State : Zip Code : Telephone Number: Property Location: Ownership Interest : Section 17 . The City of Elgin Neighborhood Business Improvement Grant Program Guidelines dated February 4 , 1999 , as such guidelines may be amended from time to time by the City, are hereby incorporated into this Agreement . 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first appearing above . O fER / CITY 0- ELGIN %IJ A.IBy:I, / ' n Anderson Joie 0 . Parker, City Manager OWNER ATTEST: /k.-e-C.(4 ,--- Dolonna Mecum, City Clerk OWNER OWNER OWNER 5 . , ' 7F Elcc7) ) 3 — City of Elgin Agenda Item No. May 20, 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Neighborhood Business Improvement Program Application for Property Located at 378 Division Street PURPOSE The purpose of this memorandum is to present to the Mayor and members of the City Council an application for the Neighbor- hood Business Improvement Program from John Anderson for property located at 378 Division Street. BACKGROUND On March 10, 1999, the City Council adopted guidelines for the implementation of the Neighborhood Business Improvement rft. Program. The purpose of the program is to provide an incen- tive program for improvement to neighborhood business dis- tricts located outside of the Central Business District . The property in question is owned by John Anderson. It is located at 378 Division Street . The property is zoned RB. The owner proposed the following scope of work: 1) Exterior painting. 2) Restoration of architectural features (windows, porch, stairs) . 3) Restore cupola. 4) Resurface and stripe parking lot . Two quotes were obtained for each element of the proposed work. .384 Division Street May 20, 1999 Page 2 rft. Scope of Work Low Bid Contractor High Bid Contractor 1 . Paving/Striping $ 3 , 795 Vidal $ 4 , 000 Anderson 2 . Exterior Finish 9, 500 Anderson 12 , 500 All Around 3 . Cupola 7, 000 Anderson 8 , 150 All Around 4 . Painting 10, 000 Anderson 14 , 600 Harris & Topps Total $30 , 295 $39, 250 It should be noted that John Anderson is the owner of JAA Construction (Anderson' s Construction) . The funding provisions of the program provide for a 50o City match up to a maximum amount of $15, 000 . Thus, the Anderson application would qualify for a funding level of $15, 000 from the City of Elgin. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . it/F'INANCIAL IMPACT il In the 1998 and 1999 budgets, a total of $200, 000 was budget- ed for this grant program. To date, only two other applica- tions have been submitted for approval. Therefore, adequate funding is available in account number 270-0000-791 . 78-99, project number 299504, Neighborhood Business Improvement Grant, for this project . 441 / LEGAL IMPACT �/ None. ALTERNATIVES 1 . Fund the project . 2 . Deny funding to the project . r . . • • 384 Division Street May 20, 1999 Page 3 rim RECOMMENDATION Staff recommends that a Neighborhood Business Improvement Program agreement be authorized with John Anderson in the amount of $15, 000 . R- :•-ctfully submit d, Ji/e A/ Parker City Manager RHM:amp Attachment rbk low NEIGHBORHOOD BUSINESS IMPROVEMENT PROGRAM APPLICATION FORM 1 . Applicant JO NH /24/A96/JO,) (Name) z Home Address 367,' D Av/S/Di✓ ST 7 3 (Home Address) • C !.v /4 0 c31� � (City) (State) (Zip) (Phone) 10S-624- / /pis41-` 2 . Building or establishment for which the rebate is sought : P 377 .D �v,s loa SLG/� /L � /��Street Address) Applicant is : Owner Tenant If tenant, what is term of lease?/ 3 . Facade to be improve : Front �/ Side (///' Rear 4 . Proposed use of program: Canopy/Awning Signage Windows/Doors , / Exterior Lighting v b//' Paintin. uck (,/Restoration of ing Architectural Feature Brick Cleaning • C////'Landscaping Exterior ADA v Stree urniture Accessibility an Fixtures � v Other (please specify) RI/Z-7.(44/ 6 Oji//iV//'G' 5 . Statement of Understanding. A. The applicant (undersigned) agrees to comply with the guidelines and procedures of the Neighborhood Business Improvement 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 11 Applicant Signature „�/ , 46.4„4/ - If the applicant is er than the owner, the following line must be completed: I certify that I, the owner of the property at do authorize the applicant to apply for a rebate under the Neighborhood Business Improvement Program and undertake the approved provements . Date 3/1r 1, (Owner Signature) FOR OFFICE USE ONLY Date Application Received: Application Fee Paid: Yes No If yes, Check Cash Application I .D. Number: Rebate Approved: Date Total Estimated Project Cost Percent Applied for Rebate r Total Amount of Rebate • " Rebate Denied: Date F Reason (Program Coordinator) Return To : Raymond H. Moller Director of Business Services City of Elgin 150 Dexter Court Elgin, IL 60120 r t