98-300 Resolution No. 98-300
RESOLUTION
AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT
PROGRAM AGREEMENT
( 17-19 North 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 James Pace for the property commonly known
as 17-19 North State Street, a copy of which is attached hereto
and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: December 16 , 1998
Adopted: December 16, 1998
Omnibus Vote: Yeas 6 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
C-, 19 q by and between the City of Elgin, Illinois, a
un cipal corporation (hereinafter referred to as "City" ) , and
JAMES PACE , (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
$1.206 - 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 JAMES
PACE. � , 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 . ,
13vg i�QSs ��t r�S
Section 3 . No Work shall �eurndertaken or shall be
considered to constitute the asis for an Eligible Cost until
the design for such Work s been submitted to and approved in
writing by the Proje Review Team, consisting of the Director
of the €ar , "IL fii±neis
-gEefit _cape=_}__^, 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 . Citv 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.
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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 witch 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.
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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: JAMES PACE
Address : _ . 2-1 5 WAT,TF.R CT
City: ELGIN State: IL _Zip Code: - 60123
Telephone Number: _ (847)695-3590
Property Location: 17-19 N STATE ST
Ownership Interest:
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., JAMES R PACE
Address : 235 WALTER CT
City: ELGIN State : IL Zip—Code :
Telephone Number: (847)-TM-3590
Property Location: t7-19 N STATF ST
Ownership Interest: PARTNER
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first appearing above.
OWN _ � � CIT LOIN
X By.
J` c ' ar r
City anager
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:
- Repair of north and west mansard
- Painting (wood trim and brick)
City of Elgin Agenda Item No.
November 20, 1998
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: State Street Facade Application
17-19 North State Street
PURPOSE
The purpose of this memorandum is to present a request from
Mr. James Pace, owner of 17-19 North State Street, to partici-
pate in the State Street Facade Improvement Program.
BACKGROUND
The Mayor and City Council approved the State Street Facade
Improvement Program in 1996 and amended the program in May of
1998 . Property owners or business owners in the targeted area
on State Street who make improvements under this program will
receive a grant which will match their private investment
dollar for dollar. Each eligible improvement will be funded
by the program only once. However, the applicant may present
the project in phases with completion scheduled within two
years . Each phase shall involve facade improvements not
included in any other phase of the project . Rebates may then
be approved for each phase, with the total of public funds not
to exceed $25, 000 .
Applications submitted between May 26 and August 24 , 1998 were
eligible to receive the first $3 , 000 of any approved project
without the aforementioned matching payment requirement .
Projects which complete approved improvements may receive a
rebate for an amount equal to the cost of improvements up to a
maximum of $3 , 000 . Approved improvements exceeding $3 , 000
receive an additional dollar-for-dollar match.
The scope of work for the project includes painting and
repairs of the mansard roof . The total project cost is
estimated to be $3, 400 . Mr. Pace applied for participation in
the program prior to August 24, 1998 and is eligible for the
initial $3 , 000 grant, plus a dollar-for-dollar match for the
remaining portion ($200/$200) .
State Street Facade Application
November 20, 1998
Page 2
Staff has met with all the applicants . The business owners
are finalizing their improvement plans and soliciting esti-
mates of the proposed repairs .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Downtown Neighborhood Association and New Century Partnership
are aware of the various applications .
FINANCIAL IMPACT
There was $120, 000 budgeted for this program. To date, $3 , 000
has been spent . Therefore, adequate dollars are available in
account number 275-0000-791 . 78-99, project number 079505, to
cover the costs associated with this improvement .
LEGAL IMPACT
None .
ALTERNATIVES
1 . Approve the request for $3 , 200 .
2 . Reject the request .
RECOMMENDATION
It is recommended that the request for participation in the
State Street Facade Program be approved and a rebate of $3 , 200
be authorized.
Respectfully submitted,
A.
Joyce A. Parker
City Manager
amp