96-203 Resolution No . 96-203
RESOLUTION
AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT
PROGRAM AGREEMENT
( 20 Douglas Avenue)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard B. Helwig, 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 Judith Hines for the property commonly
known as 20 Douglas Avenue, Elgin, a copy of which is attached
hereto and made a part hereof by reference.
sl Kevin Kelly
Kevin Kelly, Mayor
Presented: June 26 , 1996
Adopted: June 26 , 1996
Omnibus Vote: Yeas 6 Nays 0
Attest :
sl Dolonna Mecum
Dolonna Mecum, City Clerk
CITY OF ELGIN
FACADE IMPROVEMENT PROGRAM AGREEMENT
THIS AGREEMENT is made and entered into this 214Z--day of
June, 1996, by and between the City of Elgin, Illinois, a
municipal corporation (hereinafter referred to as "City") , and
Judith Hines, (hereinafter referred to as "Owner" ) .
WHEREAS, City has established a facade improvement
program (hereinafter referred to as "Program" ) for application
within certain areas of the corporate limits of City
designated by City as appropriate for such application
(hereinafter referred to as "Rehabilitation Areas" ) ; and
WHEREAS, Program is administered and funded solely by
City for purposes of the control and prevention of blight,
dilapidation and deterioration of Rehabilitation Areas; and
WHEREAS, pursuant to Program, City has undertaken to
share the cost of facade improvements to certain structures
within Rehabilitation Areas, pursuant to the criteria set
forth herein; and
WHEREAS, City has or shall retain the services of an
architectural consultant (hereinafter referred to as
"Consultant" ) to provide - participants in Program with certain
conceptual design work regarding proposed improvements ,
including, but not necessarily limited to, a color rendering
of draft improvement designs and an outline of work
specifications at no cost to Program participants ; and
WHEREAS, Owner owns at least 50% of a commercial
building(s) , or is the tenant of a commercial building(s)
located within a Rehabilitation 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 the sum of
$22 ,750 . 00 for facade improvement approved pursuant to the
provisions of this agreement (hereinafter referred to as
"Eligible Costs" ) , for the structure(s) referred to at
Section 16 herein (hereinafter referred to as "Structure" ) .
The project shall be confined to approved improvements made to
that part of the Structure fronting on Douglas Avenue. All
parties hereto agree that all payments from City provided for
herein shall be made to Judith Hines, who shall provide the
City with a full release upon receipt.
Section 2 . Eligible costs shall include labor,
material and equipment costs, and such other costs as may be
reasonably necessary for the execution and completion of the
facade improvement hereby provided for (hereinafter referred
to as "Work" ) as designated from the design drawings and
specifications approved by the Project Review Team pursuant to
the provisions of Section 3 herein and prepared by
Consultant (hereinafter referred to as "Plans" ) , which design
Plans are attached hereto and made a part hereof as
Attachment "A" .
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 Project Review Team, consisting of the Director
of the New Century Partnership for Elgin, an Illinois
not-for-profit corporation, City' s Historic Preservation
Specialist, and City' s Rehabilitation Specialist. 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
Application Review Team.
Section 4 . The Project Review Team shall be permitted
access to Structure to periodically review the progress of the
Work. Such review shall not be in lieu of any other
inspections which may otherwise be required by law or by
City. Any and all portions of the Work which do not, in the
sole discretion of the Project Review Team, conform to the
Plans or other applicable terms of this Agreement, shall be
made to conform to the Plans and other applicable terms of
this agreement upon written notice of the existence of such
non-conforming portions .
Section 5 . Upon completion of the Work, and upon final
inspection and written approval by the Project Review Team and
such other final inspections and approvals as may be required
by law, Owner shall submit to City: ( 1) an executed, notarized
itemized contractor statement reflecting the total cost of the
Work and each portion thereof, including, but not limited to,
the cost of labor (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.
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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, or
to create or undertake any other work which may constitute a
deviation from the Plans, without prior written approval from
the Project Review Team in its sole discretion.
Section 9 . Nothing herein is intended to limit,
restrict or prohibit the Owner from undertaking any other work
in or about the subject premises which is unrelated to the
facade improvement provided for in this Agreement.
Section 10 . This Agreement shall be binding upon City
and its successors, and upon Owner, Owner' s successors and
assigns for a period of five ( 5) years from and after the date
of completion and approval of the work. Owner shall provide
subsequent Owner(s) of structure with a copy of this
Agreement. This Agreement shall run with the land underlying
structure.
Section 11 . If Owner does not own the underlying
property for which work is being done, Owner warrants and
represents to City that Owner has a lease at the location for
which the work is proposed for a term of at least six ( 6)
years . Owner further warrants and represents that he has
received authorization from all owners of the property for
which work is to be done to accept funds under this program
and to undertake the work. Further, such owner(s) of the
property for which work is to be done hereby acknowledges that
he is aware of this Agreement and authorizes the work which is
to be made to the structure. Said owner(s ) of the property
for which improvements are to be made further acknowledge,
that, as owner of the property, he is a party to this
Agreement and is bound by the provisions of this Agreement
specifically, but not limited to, the provisions of
Section 6 of this Agreement. Each "Owner" signature hereto
hereby warrants and represents that there are no other
entities having an ownership interest in the structure, which
have not executed this agreement.
Section 12 . Owner hereby holds harmless and
indemnifies City from and against any and all causes of
action, suits, claims for damages, and any and all other
liability which may arise out of or in connection with Owner' s
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or Owner' s agents, employees and assigns ' negligent
performance of any of the terms of this Agreement.
Section 13 . This agreement shall not be construed to
create a partnership, joint venture or employment relationship
between the parties hereto.
Section 14 . This agreement shall -be subject to and
governed by the laws of the State of Illinois . The parties
hereto hereby agree that venue for any and all actions which
may be brought by each and either of them to enforce the
provisions of this agreement shall be in 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: Judith Hines
Address : 521 Oakhill
City: Elgin State: IL Zip Code: 60120
Telephone Number: ( 847) 741-1405
Property Location: 20 Douglas Avenue
Ownership Interest: //,Y, `�
Owner' s Name: Elmer L. Kubiak
Address :
City: State: Zip Code:
Telephone Number:
Property Location:
Ownership Interest:
Owner' s Name: Richard Jakle
Address : 14 Douglas Avenue
City: Elgin State: IL Zip Code: 60120
Telephone Number: (847 ) 741-7700
Property Location: 18, 20 Dou las (upper)
Ownership Interest: ,
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first appearing above.
(' 0 ER CITY OF ELGIN
By. i3
Richard B. Helwig
City Manager
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OWNER I AT EST:
Dolonna Mecum, City Clerk
OWNER
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Agenda Item No. AC
June 5, 1996
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Facade Project for 18 and 20 Douglas
PURPOSE
To provide the City Council with a request to ( 1 ) approve a
1996 Facade Improvement Program project for 18 and 20 Douglas
and (2 ) provide for additional funding for this project by
amending a provision of the Facade Improvement Program which
establishes a maximum rebate per project.
BACKGROUND
The owner of the property located at 20 Douglas Avenue has
previously participated in the Facade Improvement Program by
undertaking a historical renovation of 22 and 24 Douglas
Avenue, which are adjoining properties . The first project was
completed in 1995 . The owner of 20 Douglas, Ms . Judith Hines,
the owner of 18 Douglas, Mr. Elmer Kubiak, and the tenant of
both properties, Mr. Richard Jakle, wish to complete the
renovation of the adjoining properties . As in the case of the
project for 22 and 24 Douglas, the project under consideration
will undertake a historically compatible renovation. Specifi-
cally, the project will involve the first floor storefront of
20 Douglas and the upper level of 18 and 20 Douglas .
The estimated project cost is $63,476 .00 . Under the existing
provisions of the Facade Improvement Program, the participants
would be entitled to a rebate of not more than $10,000 . 00 (2
storefronts X $5,000. 00/storefront) . The property owners have
indicated that the project would not be financially feasible
with any amount less than thirty-five percent of the project
cost. The rebate, calculated as thirty-five percent of the
project cost, would be approximately $23,000.00. This
project, involving a small storefront, presents a dilemma
Facade Project/18 and 20 Douglas
June 5, 1996
Page 2
faced by similar sized properties . The maximum rebate allowed
under the program equates to a fraction of the project cost .
As a result, small projects commonly lack adequate incentive
for participation.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.--
FINANCIAL IMPACT
1 . Approval of facade project for 18 and 20 Douglas would
require a minimum payment of $10,000 . 00 as a rebate. If the
thirty-five percent ( 35% ) rebate for the project is approved,
the payment to the participants would be approximately
$23,000 . 00 . Sufficient funds exist in Account No.
350-0000-795 . 78-99 for this project.
2 . The elimination of the maximum rebate would have little
impact on the program since, historically, rebate payments
have been based upon the percentage of cost calculation. The
impact will be felt with the smaller projects which may be
entitled to larger rebate if the maximum is eliminated.
LEGAL IMPACT
None.
ALTERNATIVES
1 . Consideration of facade improvement project for 18 and 20
Douglas :
a. Approve proposed project.
b. Reject proposed project.
2 . Eliminate provision for maximum rebate payment based upon
the thirty foot store front standard and allow rebates up to
thirty-five percent ( 35%) of project cost or maintain current
rebate guidelines .
RECOMMENDATION
It is recommended that:
1 . A facade project for 18 and 20 Douglas be approved.
Facade Project/18 and 20 Douglas
June 5, 1996
Page 3
2 . Provisions of program guidelines be revised to base all
rebate calculations on thirty-five percent ( 35% ) of total
project cost .
Respectfully submitted,
(Dew eborah K.C Nier
Century Partnership for Elgin
Bobby Richardson
Rehabilitation Specialist
Sarosh Saher
Historic Preservation Specialist
Richard B. Helwig
City Manager
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CITY OF ELGIN
FACADE IMPROVEMENT PROGRAM
APPLICATION FORM
A non-refundable fee of $50. 00 must accompany this applica-
tion. Checks should be made * payable to "City of Elgin -
Facade Improvement Program".
1. Applicant
Name) U
Z
Home Address ,5 L ( y� i[.C_., �fc/� �O1 7y/ ` / L�
(Street) (City/State/Zip) (Phone)
Business Address /l S'
(Street) (City/State/Zip) (Phone)
Z. Building or establishment for which the rebate is sought.
0
z-,,e) - J.&.1 --
(Street addres
Applicant is : _ Owner ____Tenant
If tenant, what is term of leaso? �
NOTE: A tenant applicant must have, at minimum,
a five-year lease at the location in order
to apply.
3. Total number of storefronts
Vv-
Total number of stories f
Facade to be improved Front Side Rear
4. Proposed use of program:
Canopy/Awning Si na
-- e g 9
_ �✓ Windows/Doors Exterior Lighting
Painting/Tuck k Restoration of Architec-
Pointing tural Features
Brick Cleaning
Other (please specify)
S. Statement of Understanding
A.
The-applicant (undersigned) agrees to comply with
the guidelines and procedures of the Facade Improve-
ment 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 build-
ing permits, bids, contracts and invoices and con-
tractor's final waivers of lien upon completion of
the approved improvements.
Signature
Applica t Signature
If the applicant is ot
must be completed: her than the owner, t:le following line
I certify that I, the owner of the property at
Fa authorize the applicant to apply for a rebate under the
Facade Improvement Program end undertak a ap ov im rove-
ments. p
Owner Signature
Date
For Office Use Only:
Date Application Received:
Application Fee Paid: r/ YeS N .,L)o���
o
24Ct�
If Yes Check
Cash
Application I.D. Number
Rebate Approved: Date
Total Estimated Project Cost _
Percent Applied for Rebate
Total Amount of Rebate
Rebate Denied: Date
Reason
Program Coordinator
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