97-257 Resolution No. 97-257
RESOLUTION
AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT
PROGRAM AGREEMENT
( 221-223 East Chicago Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Robert 0. 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 Marian Loeb, Darlene Oehler,
Andrew Oehler and Peter Oehler for the property commonly known
as 221-223 E . Chicago Street, a copy of which is attached
hereto and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: October 22 , 1997
Adopted: October 22 , 1997
Omnibus Vote: Yeas 7 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-27A day of
_ 19_g1_, by and between the City of Elgin, Illinois , a
municipal corporation (hereinafter referred to as "City" ) , and
Marian Loeb, Darlene OehlE!r, Andrew Oehler, _Peter Oehler -
_ ( hereinafter referred to as
WHEREAS , Citv has established a facade improvement
prcgram ( hereinafter referred to as "Program" ) for application
within certain areas of the corporate limits of City
dc-s.ignated by City as aporopriate 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 t-e services of an
ar,,`�itectural consultant ( hereinafter referred to as
"Consultant" ) to provide participants in Program with certain
=ir eptual design work regarding propo:3eci improvements ,
in:.luding, but not necessarily limited to, a color rendering
of draft improvement designs and an outline of work
sp_ .-:ifications at no cost i:o Program particirants ; and
WHEREAS , Owner owns at least 50% of a commercial
bu :_ding( s ) , or is the tenant of a commercial building( s )
lo :_ ated within a Rehabilitation Area, and Owner desires to
pa.rcicipate in Program pursuant to the terms and provisions of
this agreement .
NOW, THEREFORE, in CDnsideration of the mutual promises
and! covenants contained herein, the sufficiency of which is
her:?by acknowledged, the parties hereto hereby agree as
fol-lows :
Section 1 . City shall pay to Owner a sum not to exceed
35 per cent of the total approved project costs , such costs
no,- to exceed $5 , 000 . 00 for facade improvements
approved pursuant to t ►e provisions of this agreement
(he.,-einafter referred to as "Eligible Costs" ) for the
stricture referred to at Section 16 herein ( hereinafter
re -erred to as "Structure" ) . All parties hereto agree that
al: payments from the Citir provided for herein shall be made
to Marion Loeb
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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' r
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: Marion Ginsberg Loeb
Address : 2285 Tara
City: Elgin_ State: IL Zip Code: 60123
Telephone Number: 847-741-3386
Property Location: 221-223 E. Chicago St.
Ownership Interest: Owner
Owner's Name: Darlene Oehler
Address : 821 Deborah
City: Elgin State: IL Zip Code: 60123
Telephone Number: 847-695-5655
Property Location: _221-223 E. Chicago St
Ownership Interest: Owner
Owner' s Name: Peter Oehler
Address : 1502 River Rd.
City.fPOElgin State: IL_ Zip Code: 7
Telephone Number: 847-931-7055 � `
Property Location: _221-223 E. Chicago St.
Ownership Interest: tXMX= owner
Owner' s Name: Andrew Oehler
Address : 48 N. Edison Ave.
City: Elgin State: IL Zip Code: 60123
Telephone Number: 847-741-1314
Property Location: 221-223 E. Chicago St
Ownership Interest: owner
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Owner' s Name:
Address :
City: State: Zip Code:
Telephone Number:
Property Location:
Ownership Interest:
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first appearing above.
0 ENE IT*Rrtk)O.IN
X By:
Malm
City Manager
OWNER ATTEST:
Dolonna Mecuri-, Clerk
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OWNER
OWNER
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DAHLQUIST and LUTZOW
221-223 East Chicago Street
City of Elgin Agenda Item No
,
October 2, 1997
TO: Mayor and Members of the City Council
FROM: Robert 0. Malm, Interim City Manager
SUBJECT: Amendment to Facade Improvement Program Project for
221-223 East Chicago Street
PURPOSE
The purpose of this memorandum is to provide information to
consider an amendment to a previously approved Facade Improve-
ment Program project for 221-223 East Chicago Street.
BACKGROUND
At its April 23, 1997 meeting, the City Council approved a
facade improvement project for 221-223 East Chicago Street, a
property owned by Marion Ginsberg Loeb. The project planned
for a comprehensive restoration project to be phased over two
years beginning in 1997 . The estimated project cost was
$62, 700, plus architectural fees estimated at $5, 000 . The
City' s participation was estimated to be $26, 945 (rebate -
$21, 945; architectural fees - $5, 000) .
Ms . Loeb and other parties having an ownership interest in the
building did not proceed to sign the contract necessary to
formalize participation in the program. Instead, the owners
chose to reassess their ability to undertake a comprehensive
project. Recently, the owners decided that only a part of the
work originally included could be undertaken. The owners then
approached staff with a request to modify the project for
1997 . This would set the stage for a comprehensive project at
a later date. The following work items would be planned for
1997 :
Replace second & third floor windows
Tear off front canopy
Tuck point and clean masonry
The cost estimate for this project would be $20, 330 . A
maximum rebate of $5, 000 would be allowed under this partial
restoration. Architectural fees are estimated at $4, 150 . 00 .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
The Elgin Heritage Commission was asked to comment on the
original project .
Amendment to Facade Imrpovement Program
October 2, 1997
Page 2
�70('_FINANCIAL IMPACT
The partial restoration project proposed for 221-223 East
Chicago Street would require City participation of approxi-
mately $5, 000, plus architectural fees of $4, 150 . Sufficient
funds exist from the Downtown Redevelopment Fund, account
number 350-0000-795 . 78-99, Rehabilitation Grants ($81, 650) and
the Riverboat Fund, account number 275-0000-791 .78-99
($50, 000) , to approve this request . Funds previously approved
for a comprehensive project, $26, 945, would no longer be
obligated for this purpose.
LEGAL IMPACT
�Jne .
ALTERNATIVES
1 . Repeal previously approved City participation in comprehen-
sive facade project for 221-223 East Chicago Street and
approve partial restoration project .
2 . Reject request to proceed with partial project proposed.
RECOMMENDATION
It is recommended that the request to amend the approved
Facade Improvement Program project to provide for a partial
restoration project be approved.
Respectfully submitted, .
A-
Deborah K. Nier, Director
New Century Partnership
For Elgin
B A&r P
Bobby Richardson A
Rehabilitatio Specialist
�ctjis
Sarosh Saher
H ' icIPreservation Specialist
"l
o rt O. Malm
Interim City Manager
DKN/mat
FACADE IMPROVEMENT PROGRAM
221-223 E. Chicago Street
Marion Ginsberg, Owner
(Revised Estimate September, 1997 )
DLA Project 9706
Replace 3rd Floor Front windows (installed) $ 3,460
6 @ $1,000 . 00 apiece
Replace 2nd Floor Windows (installed) $ 7,970
10 @ $1,300 . 00 apiece
Demolition & Cleaning $ 11000
Tuckpoint & Clean Masonry $ 4,000
1 Dumpsters - Rental $ 400
General Conditions
$ 1,000
Contingency 10$
$ 2,500
Subtotal $20, 330
A/E Fees $ 4, 150
Total Project Estimate $24,480
FACIMPRO.COW/COWMEMO/OCT8