98-154 Resolution No. 98-154
RESOLUTION
AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT
PROGRAM AGREEMENT
(7 South State 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 facade improvement program agreement on behalf of the
City of Elgin with William Vincent for the property commonly
known as 7 S. State Street, a copy of which is attached hereto
and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: June 24 , 1998
Adopted: June 24 , 1998
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum '
Dolonna Mecum, City Clerk
CITY OF ELGIN
FACADE IMPROVEMENT PROGRAM AGREEMENT
STATE STREET FACADE PROGRAM
THIS AGREEMENT is made and entered into this day of
., 19 f , by and between the City of Elgin, Illinois, a
un cipal corporation (hereinafter referred to as "City" ) , and
William Vincent , (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, 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
$3,000.00 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" ) . The project shall be confined to approved
improvements made to that part of the Structure fronting on
State Street. All parties hereto agree that all payments from
the City provided for herein shall be made to William
Vincent , 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 .
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.
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.
-2-
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
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.
-3-
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: William Vincent
Address : P.O. Box 971
City: Elgin State: IL Zip Code: 60121
A A
Telephone Number: C A '1_ /'A
3S'-V?X
Property Location: 7 S. State Street
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:
-4-
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.
OWNER/'
WNE CIT gF ELGIN
By. ce arker
City Manager
OWNER ATTEST:
Dolonna Mecum, City Clerk
OWNER
OWNER
OWNER
STATEST. 698/NCPFAC.ADE
-5-
EXHIBIT "A"
WORK TO BE COMPLETED UNDER STATE STREET FACADE PROGRAM
The project scope of work shall be limited to:
demolition of vertical panelling and mansard roof and
other such cladding not part of the original structure.
Work is to limited to that part of the structure which
fronts State Street
Agenda Item No.
City of Elgin
June 1, 1998
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Request For Funding Under State Street Facade
Improvement Program
PURPOSE
The purpose of this memorandum is to present to the Mayor and
members of the City Council a request for funding a project
under the State Street Facade Program.
BACKGROUND
The owner of 7 South State Street, William Vincent, has
submitted an application for participation under the State
Street Facade Program (attached) . The project proposed by Mr.
Vincent would involve work on all three sides of the building,
including window/door replacement, painting, awnings, light-
ing, and tuckpointing. That work having the most impact would
be removing the wood siding and mansard roof of the building' s
west facade in order to expose the original facade . There is
no indication as to the condition of the underlying facade .
Since the improvements related to the second story facade
cannot be planned until the cladding is removed, Mr. Vincent
would like to proceed with that work first . The estimated
cost of that work would not exceed $3 , 000 . Since the program
provides the opportunity for a $3 , 000 rebate without obliga-
tion to proceed for further work, demolition could be allowed
and a rebate provided upon completion of that activity.
Subsequent to the demolition, Mr. Vincent could request a
rebate on additional approved improvements .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
FINANCIAL IMPACT
Approval of the work purposed would result in a rebate to Mr.
Vincent of up to $3 , 000 . 00 . There is no obligation to either
Mr.Vincent or the City to fund future improvements without
prior City Council approval . The total budget in the State
Street Facade Program is $120, 000, and all expenses would be
charged to Account No. 275-0000-791 . 78-99 .
Request for Funding Under State Street Facade Program
June 1, 1998
Page 2
LEGAL IMPACT
`kNbne.
ALTERNATIVES
1 . Approve the request from Mr. Vincent for up to $3 , 000 to
pay for demolition costs associated with a project at 7
South State Street .
2 . Reject the request to fund the demolition activity.
RECOMMENDATION
It is recommended that the request for participation in the
State Street Facade Program be approved and a rebate of up to
$3 , 000 be obligated for payment upon approved completion of
the demolition activity.
Respectfully submi ted,
4iv / �Parker
Manager
dkn/dkm
STATE STREET BUILDING IMPROVEMENT PROGRAM
APPLICATION FORM
1 . Applicant /i/�/A�V / //✓Ce-J
(N e)
Home Address hD o,e q/ z-X ,,,j
(Street) (Cit /State/Zip) (Phone)
2 . Building or establishment for which the rebate is sought:
7 S S- 4 t S-1. �� 0
(Street Address)
Applicant is : ✓ Owner Tenant
If tenant, what is term of lease?
3 . Facade to be improved: Front ✓ Side ✓ Rear ✓
4 . Proposed use of program:
Canopy/Awning /Signage
✓ Windows/Doors ✓Exterior Lighting
rw ✓ Painting/Tuck Restoration of Architectural
Pointing Features
Brick Cleaning Landscaping
Other (please specify)
5 . Statement of Understanding.
A. The applicant (undersigned) agrees to comply with the
guidelines and procedures of the State Street Building 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 improvement
G G C)
Signature:
Applicant Signa ure
r:
7 South State Street
west elevation — existing i it