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98-266 Resolution No. 98-266 RESOLUTION N OF A FACADE IMPROVEMENT PROGRAM v RON HEIDER AND SUSAN HEIDER HITECTURAL SERVICES orth Grove Avenue) E CITY COUNCIL OF THE CITY OF ELGIN, Parker, City Manager, and Dolonna are hereby authorized and directed to ant Program Agreement on behalf of the �1Ly VL F1-Lq I1 VV.L .AA Ron Heider and Susan Heider for architectural services under the Facade Improvement Program for the property located at 28 North Grove, a copy of which is attached hereto and made a part hereof by reference. S/ Kevin Kelly Kevin Kelly, Mayor Presented: October 28, 1998 Adopted: October 28, 1998 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN FACADE IMPROVEMENT PROGRAM AGREEMENT THIS AGREEMENT is made and entered into this 14th-day of October, 1998, by and between the City of Elgin, != s, a municipal- corporation (hereinafter referred to as "City" ) , and Ron Heider and Susan Heider, (hereinafter referred to as caner . 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 500 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 cen of the total approved project costs, such costs not to exceed $58, 403 . 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" ) . Aii parties hereto agree that all payments from the City provided for herein shall be made to Ron Heider and Susan Heider, who shall provide the City with a u re ease 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 re erre to as "Plans" ) , which design photos and cost estimates 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 City' s Director of Business Services and Properties, 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 Project Review Team. Section 4 . The Project Review Team shall be permitted access to Str ucture 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 an 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 ec ion 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 Uwner 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 -2- 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 ive (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 pro ibit 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 indemnities 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 . -3- Section 13 . This agreement shall not be construed to create a part nership, joint venture or employment relationship between the parties hereto. Section 14 . This agreement shall be subject to and governect 15y e 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 severa e . n he 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 : Ron and Susan Heider Address : 524 Bonnie Dundee Roa City: East un ee_ a e : ip Code :_ Telephone Number: 847-426---5775 Property Location: 28 N . Grove Ave . Elgin Ownership Interest : wner Contact Person: Ron heiaer 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- IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first appearing above . OWNE CITY OF ELGIN 13 G Zoyt6 P rker Cibly Manager OWNER ATTEST: 7 Dolonna Mecum, City Clerk OWNER OWNER OWNER FACIMP.HDR/COWMEMO. 98/OCT14 -5- BERNA ARCHITECTURE&DESIGN 221 DUPAGE ST. ELGIN,II- 60120 1. EAST ELEVATION: NORTH GROVE ST. Remove 90% of Granite veneer, repair anchoring system and reinstall granite. Repair granite window sills, and paint window panels 2. NORTH ELEVATION: HIGHLAND AVE. Granite veneer reworked masonry tuck-pointing, brick replacement and window replacement. MEMO IN Hn: H a a , � 7 1 � s s WE Orl , fr M, ir 1 � 1 � 1 1 11 1 11 1 1 �\ Qc" 2 1t x x t z3 s s 3 k f z v3� wx'a vtea \e v _' St I� K>,jy,�ryi .fswQy iii./ C ; I I Ald 1 AW I I I ol x W1109M' 1 1 1 1 MMM iTsTWo • MW I ff om rl 1 ' 1 1 1 //y S/fi y/i/ / �� �� i/�•C � � �Iry �' \ e a l" v y•�i///./1/ I I I 1 1 1 I 1 Ai I i 1 1 1 1 1 1 1 1 1 1 s\ s: / 9a ik r s S / � y �lii I /4 PROJ No. 98001 DATE: 08/18/98 BERNA ARCHITECTURE AND DESIGN 28 NORTH GROVE AVE. FASCADE IMPROVEMENT PROJECT DESCRIPTION 28 N GROVE AVE ELGIN IL. REMODEL ESTIMATE PROJECT COST ESTIMATE :GNU M-M. PRICE/UNfT. "PRICE-..;j DIVISION 2-SITEWORK SITE IMPROVEMENTS SITE ELECTRICAL EXTERIOR SOFFIT LIGHTS 36 EA. $200.00 EA. $7,200.00 RECESSED CAN LIGHTS IN OVERHANG SECURITY LIGHTS 6 EA. $500.00 EA. $3,000.00 LOW INTENSITY,LOW LEVEL DIVISION 2A-SUBSTRUCTURE DIVISION 3-CONCRETE CONCRETE DIVISION 4-MASONRY BRICK WALLS 4"FACE BRICK TUCK PT.W/CLEANING 3,650 S.F. $7.50 S.F. $27,375.00 0 0 S.F. $0.00 S.F. $0.00 VENEER 11/4"MASONRY GRANITE PANEL STONE 2,200 S.F. $23.00 S.F. $50,600.00 GRANITE PANEL SEALANT 2,200 S.F. $5.00 S.F. $11,000.00 DIVISION 5-METALS STRUCTURAL STEEL STEEL LINTELS SINGLE 0 6-0"OPENING 5 EA. $35.00 EA_ $175.00 STEEL LINTELS DOUBLE @ 9-0"OPENING)- 0 EA. $50.00 EA. $0.00 STEEL LINTELS 8 OR W12 w/12"PLATE;PRI 73 L.F. $59.00 L.F. $4,307.00 DIVISION 6-WOOD& PLASTIC ROUGH CARPENTRV- TEMPORARY PROTECTION 2,000 ADD $1.00 ADD $2,000.00 MISC.WOOD BLOCKING 1,000 ADD si.n ADD $1,000.00 Page 1 DIVISION 7-THERMAL&MOISTURE PROTECTION CAULK AND SEALANTS INTERIOR CAULK 0 L.F. $0.00 L.F. $0.00 EXTERIOR CAULK 2,000 L.F. $2.00 L.F. $4,000.00 ROOFING BUILT UP ROOF SYSTEM 500 S.F. $10.00 S.F. $5,000.00 MECH.FASTENED W/FLASHING& ACCESSORIES ol 0 L.F. $0.00 L.F. $0.00 ol 0 EA. $0.00 EA. $0.00 ROOF EDGING ASSEMBLED COS 80 L.F. $14.00 L.F. $1,120.00 INCLUDES BLOCKING,ALUMINUM ROOF EDGE4"HIGH DIVISION 8-DOORS&WINDOWS EXTERIOR DOORS ASSEMBLED COSTS DOORS,FRAME AND HARDWARE INSTALLED SINGLE 0 EA. $0.00 EA. $0.00 -PAIR 2 EA. $3,000.00 EA. $6,000.00 INFILL WINDOW PANELS 2ND FL.PANELS 450 S.F. $20.00 S.F. $9,000.00 EXTERIOR GLAZING WINDOWS AT EXTERIOR 2ND FLOOR 36 S.F. $30.00 S.F. $1,080.00 STOREFRONT AT EXTERIOR 1 ST FLOOR 180 S.F. $38.00 S.F. $6,840.00 DIVISION 9-FINISHES PLASTER SOFFIT EXTERIOR 1,000 S.F. $6.00 S.F. $6,000.00 PAINTING GYP.BOARD WALLS 0 S.F. $0.80 S.F. $0.00 PLASTER SOFFIT Overheadhoriz 1,000 S.F. $1.50 S.F. $1,500.00 0 0 S.F. $1.50 S.F. $0.00 DIVISION 10-SPECIALITIES 0 0 EA. $0.00 EA. $0.00 SIGNAGE REMOVAL 5 EA. $500.00 EA. $2,500.00 DEMO.DUMPSTER 4 EA. $500 00 EA $2,000.00 0 0 S.F. $30.00 S.F. $0.00 ol 0 S.F. $12.00 S.F. $0.00 c^SUB=TOTAL s t " 5151697. GENERAL CONDITIONS 0 0 $0.00 0 0 50.00 0 0 50.00 0 OVERHEAD/PROFIT CONTINGENCY 10% $175169.70 0 0 b0 00 TOTALPROJECT COST `/� = �,:`- ._� : k �, w ;$� 'sssia $ass ass 70 Page 2 " Agenda Item No. City of Elgin September 3 , 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Facade Project for 28 North Grove Avenue 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 28 North Grove Avenue . BACKGROUND The owners of the property, Ron Heider and Susan Heider, wish to participate in the Facade Improvement Program. The 28 North Grove Avenue building (former Old Kent Bank building) was built for the First Federal Savings and Loan Association in 1958 . It is a very good example of the modern architecture movement of that time. It represents the strong use of material as a simple architectural element . The building has been well maintained but weather and water have done damage to the exterior of the building. The architect contacted by the City to draw up the plans for the project is Berna Architect of Elgin. The architect has provided an estimate of $3, 675 for services, including design, preparation of construction documents, bidding and construc- tion administration. Under the Facade Improvement Program, the City pays all architectural fees . The fee is a not-to-ex- ceed amount and will be billed on an actual time basis . The major work is masonry tuck-pointing, brick replacement and reattaching the large granite panels . The estimated project cost is $166, 870, not including archi- tectural services . Under the provisions of the Facade Im- provement Program, the participants would be entitled to a rebate of 35 percent of the construction cost . The rebate, as calculated, would be approximately $58, 403 . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Elgin Heritage Commission. Facade Project for 28 North Grove Avenue September 3 , 1998 Page 2 FINANCIAL IMPACT Approval of the comprehensive facade project for 28 North Grove Avenue at the 35 percent level would equal approximately $58, 403 , plus architectural fees of $3 , 675, for a total City participation of $62, 078 . The total amount budgeted for the Facade Improvement Program in 1998 is $150, 000 . Sufficient funds exist from the Downtown Redevelopment Fund, account number 350-0000-795 . 78-99, project number 079503 . With the approval of the 28 North Grove Avenue project, approximately $23 , 000 will remain in available funds for center city facade projects in 1998 . Currently, there are three facade projects in the construction cost development stage and two projects that have recently filled initial applications . It is possible that the $23 , 000 will not cover project funding requirements if funding is required in 1998 . LEGAL IMPACT None . ALTERNATIVES 1) Approve the request by Ron Heider and Susan Heider for participation in the Facade Improvement Program. 2) Reject the request to proceed with the project . RECOMMENDATION It is recommended that the request to proceed with the Facade Improvement project for 28 North Grove Avenue be approved. R ectfully submitted, J e A Parker City Manager amp Attachment