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96-259 Resolution No. 96-259 RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT ( 168 East Highland 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 Kurt Kresmery, Marc Kresmery and Eric Kresmery, d/b/a Kennington Partners, for the property commonly known as 168 East Highland Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: August 28, 1996 Adopted: August 28, 1996 Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk FACADE IMPROVEMENT AGREEMENT THIS AGREEMENT is made and entered into this 28th day of August, 1996, by and between the City of Elgin, Illinois, a municipal corporation, (hereinafter referred to as "City" ) and Kurt Kresmery, Marc Kresmery and ,-__ _ y (hereinafter referred to as "Owners" ) . WHEREAS, Owners are currently in the process of acquiring certain real property located within the City of Elgin, Illinois, which real property is commonly known as 168 East Highland Avenue, Elgin, Illinois (hereinafter referred to as "Property" ) ; and WHEREAS, Property is located in an area designated as an Enterprise Zone pursuant to the provisions of 20 ILCS 655/1 et seq. ; and WHEREAS, the parties hereto have each determined it to be in their best interests to provide for the exterior improvement of Property; and WHEREAS, the City of Elgin is a municipal corporation organized and existing under the authority of the Illinois Municipal Code of 1961, 65 ILCS 5/1-1-1 et seq. , and predecessor statutes and having those home rule powers granted pursuant to Article VII, Section 6 of the 1970 Illinois Constitution. NOW, THEREFORE, for and inconsideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows : 1 . Owners shall provide City with specific written plans providing for facade improvements to the Highland Avenue portion of Property on or before January 1, 1997 . No such facade improvements shall be undertaken by Owners without written authorization to proceed with such facade improvements from City' s designated representative, following City's review and approval of the written plans submitted by Owners . 2 . City shall provide property tax abatement relief for Property to the extent such abatement relief is authorized by law and beginning upon such date as is authorized by law following Owners ' acquisition of Property pursuant to the applicability and provisions of the Elgin Enterprise Zone. Such tax abatement relief shall be provided for a period of five (5) years from the date of its applicability. 3 . City shall provide the free use of fifty (50) parking spaces at the Spring Street parking deck, located at the corner of Spring and Chicago Streets, Elgin, Illinois for a period of three ( 3) years commencing ten ( 10) months after the date of Owners ' acquisition of Property. 4 . City shall provide the sum of $100,000 to Owners within thirty (30) days of Owners ' acquisition of Property and upon written notice to City of such acquisition. Owners shall apply such funds solely to the aforementioned Highland Avenue facade improvements . Owners shall provide City with receipts for all work performed in regard to the aforementioned facade improvements . All facade improvements shall be completed prior to July 31, 1997 . In the event the aforementioned receipts submitted by Owners to City prior to July 31, 1997 -2- total an amount less than $100,000, Owners shall refund the difference between $100,000 and such receipt total to City on or before October 1, 1997 . 5 . City shall provide up to $25,000 of costs incurred to owners for sidewalk and street lighting improvements, which improvements shall be completed prior to December 31, 1997 along Highland Avenue adjacent to Property upon such terms and designs as City may determine in its sole discretion. City shall provide such funds upon receipt of written documentation of costs incurred by Owners for such improvements, and shall provide Owners with a sum equalling such costs in an amount not to exceed $25,000 . Such payment shall not be provided prior to February 1, 1998 . 6 . Following receipt of reasonable documentation that (50) fifty employees are actively employed by Sublessees at the Property. The City shall pay Owners the sum of $50,000 after December 31, 1997 . 7 . Owners shall hold harmless and indemnify the City, its agents, employees and assigns from and against any and all claims for damages, causes of action, suits, or any other liability resulting from or arising out of Owners ' negligent performance of this agreement. 8 . In the event Owners fails to acquire sole title to Property on or before October 25, 1996, this Agreement shall be void and of no further force and effect. This Agreement is further contingent upon the City completing its purchase of 56 Water Street, Elgin, Illinois on or before November 1, 1996 . In the event the City shall not have acquired title to such -3- property on or before November 1, 1996, then this agreement shall be null and void and will have no further force and effect. 9 . This agreement represents the entire agreement between the parties hereto. No oral representations, promises, terms or agreements have been made, and any such representations, promises, terms or agreements shall be of no force and effect. 10. This agreement shall not be construed so as to create a partnership, joint venture, agency or employment relationship between the parties hereto. 11 . If any of the terms of this agreement conflict with any of the terms of any other written agreement between the parties hereto, the terms of this agreement shall apply. 12 . This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns . 13 . This Agreement shall be subject to and governed by the laws of the State of Illinois . Captions herein contained are for convenience and shall not govern the terms thereof. 14 . All notices delivered hereunder shall be in writing and shall be served upon the parties at the following addresses : To: Kurt Kresmery 1077 East Main Street East Dundee, IL 60118, with a copy to: Warren R. Fuller 65 South Barrington Road South Barrington, IL 60010 -4- To: Erwin W. Jentsch, Corporation Counsel City of Elgin 150 Dexter Court Elgin, Illinois 60120 The mailing of notice by registered or certified mail, return receipt requested, shall be sufficient service. 15 . The terms of this Agreement shall be considered to be severable. In the event that any of the terms of this Agreement shall be deemed to be void or otherwise unenforceable for any reason, the remainder of the Agreement shall remain in full force and effect. 16 . The Owners may form a corporation to act as Lessee of the property and to which amounts due under this agreement may be paid subject to the conditions and limitations that the corporation' s Lessee will be owned by the Owners and the Owners shall not be relieved of any personal obligation otherwise due from them hereunder in the event that such obligations are not performed by the corporation/Lessee. KURT KRESMERY, MARC KRESMERY CITY OF ELGIN AND ERIC KRESMERY, d/b/a KEN NGTON PA TNERS W�j By +�. a K t Kresmery City Manager Attest: Marc Kresmery y� City Clerk Eric Kresmery -5-