97-128 Resolution No. 97-128
RESOLUTION
AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT
PROGRAM AGREEMENT
( 158 East Chicago Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Robert O. Malm, Interim 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 Big Brothers/Big Sisters of
the Fox Valley for the property commonly known as 158 E .
Chicago Street, a copy of which is attached hereto and made a
part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: May 14 , 1997
Adopted: May 14 , 1997
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dol.onna Mecum, City Clerk
CITY OF ELGIN
FACADE IMPROVEMENT PROGRAM AGREEMENT
THIS AGREEMENT is made and entered into this 4 day of
April , 19 97 , by and between the City of Elgin, Illinois, a
municipal corporation (hereinafter referred to as "City" ) , and
Big Brothers/Big Sisters of the Fox Valley, an Illinois not-for-profit
corporation. (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 a sum not to exceed
35 per cent of the total approved project costs, such costs
not to exceed $in,quo for facade 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 Big Brothers/Big Sisters of the Fox Valley ,
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
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event shall the amount paid to Owner exceed the amount
specified in this agreement or in the contractor statement.
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.
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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
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: Big Brothers/Big Sisters of the Fox Valley
Address : 158 East Chicago St.
City: Elgin_ State: IL Zip Code: 60120
Telephone Number: 847-888-3111
Property Location: 158 East Chicago St.
Ownership Interest: Owner
Owner' s Name:
Address :
City: State: Zip Code:
Telephone Number:
Property Location:
Ownership Interest: Owner
Owner' s Name:
Address :
City: Elgin State: IL_ Zip Code:
Telephone Number:
Property Location:
Ownership Interest: tenant
Owner' s Name:
Address :
City: State: Zip Code:
Telephone Number:
Property Location:
Ownership Interest:
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Owner' s Name: MgS e rox UaIlP H L Execa�
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Address : /S SE G C.4
City: �;n State: � Zip Code: 12-o
Telephone-Number: - 311
Property Location:
Ownership Interest:
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first appearing above .
OWNER C Y G N
By:
Rob t 6. Malm
Inte im City Manager
OWNER ATTEST:
Dolonna Mecum, City Clerk
OWNER
OWNER
OWNER
JD4M0634 . 84/NCPFAC.ADE
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Agenda Item No.
City of Elgin
February 20, 1997
TO: Mayor and Members of the City Council
FROM: Robert 0. Malm, Interim City Manager
SUBJECT: Facade Project for 158 East Chicago Street
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider a
Facade Improvement Program project for 158 East Chicago
Street.
BACKGROUND
The owners of the subject property, Big Brothers/Big Sisters
of the Fox Valley, wish to participate in the Facade Improve-
ment Program. Staff was contacted by the agency in 1996
with a request to reactivate the application and proceed with
a facade project.
Work to be accomplished will include storefront renovation,
window replacement, brick cleaning, painting and signage.
The architect contacted by the City to draw up the plans for
the project is Burnidge Cassell Associates of Elgin. The
architect has provided an approximate estimate of $9 , 600 for
services, including design, preparation of construction
documents, bidding and construction administration. Under the
Facade Improvement Program, the City pays all architectural
fees. The fee is a not-to-exceed amount and will be billed
on an actual time basis .
The estimated project cost is $30, 000, not including
architectural services . Under the provisions of the Facade
Improvement Program, the participants would be entitled to a
rebate of 35 percent of the construction cost. The rebate, as
calculated, would be approximately $10,500 .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Elgin Heritage Commission
FINANCIAL IMPACT
Approval of the comprehensive facade project for 158 East
Chicago Street at the 35 percent level would equal approxi-
mately $10,500, plus architectural fees of $9 , 600, for a
total City participation of $20, 100 . The total amount
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