98-308 Resolution No. 98-308
RESOLUTION
AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT
PROGRAM AGREEMENT
(8-10 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 Ed Dohring for the property commonly known
as 8-10 North State Street, a copy of which is attached hereto
and made a part hereof by reference.
sl Kevin Kelly
Kevin Kelly, Mayor
Presented: December 16 , 1998
Adopted: December 16 , 1998
Omnibus Vote: Yeas 6 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 17th day of
December, 1998 , by and between the City of Elgin,- i-L-Linois, a
municipa corporation (hereinafter referred to as "City" ) , and
Edward A. Dohring, (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 50a 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
$4 , 707—. 57--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" ) . T h e pro ec_ff
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 Edward A. Dohring, who shall provide the City with
a full release upon receip .
Section 2 . Eligible costs shall include labor, material
and equipmen 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
cons i ere o 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 strU-cture 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 ncu red
pursuant to the Work; and (3) reasonable proof of payment
all costs incurred pursuant to the Work.
Section 6 . City shall pay to Owner the sum provided for
at Section 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 accor ance 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
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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 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 i i e 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 w is wort 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 for undertake
the work. Further, such owner (s) of the property
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 here—ay--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 fron 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 par nership, joint venture or employment relationship
between the parties hereto .
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Section 14 . This agreement shall be subject to and
governed y 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 e 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 : Edward A. Dohring
Address : 706 Rose a e Road
City: Glenview_ a e : 1p Code : 60025_
Telephone 1VumTer: (847T-724-2188
Property Location: 8-IU Nort=fate Street
Ownership Interest :Owner
Contact Person:
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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IN WITNESS WHERECF, the parties hereto have executed this
agrasmcr.t on the date first appearing above .
GtiNER CITy r ELGIN
Joy rice r
City Manager
priPv'ER
A.-TEST :
Jo'_cnna Mecam� - City C'-er.
OS,,-NFR
OWNRR
FAClMP. DC /CGWMZMQ. 98/DEC2
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EXHIBIT "A"
WORK TO BE COMPLETED UNDER STATE STREET FACADE PROGRAM
The project scope of work shall be limited to:
Second story window replacement
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Agenda Item No.
City of Elgin
November 20, 1998
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: State Street Facade Program -
8-10 North State Street
PURPOSE
The purpose of this memorandum is to present a request from
Mr. Ed Dohring, owner of 8-10 North State Street, to partici-
pate in the amended State Street Facade Improvement Program.
BACKGROUND
In October, 1996 , Mr. Dohring submitted an application to the
State Street Facade Program for upgrades to the windows and
P for the property located at 8-10 North State Street .he
On November 24 , 1997 , City staff f informed Mr. Dohring t that
project
would be eligible for a rebate of $3 , 209 . 50 on a p 7
costing $6 , 419 . 00 . The construction, shipment and installa-
tion of Mr. Dohring ' s windows was delayed until the summer of
1998 .
In May of 1998 , the Mayor and City Council authorized an
amendment to the State Street Facade Program. The amendment
P for a grant of $3 , 000 and an equal sharing of costs
between the City and the property owner up to an amount of
$25, 000 . Mr. Dohring inquired about the possibility of
transferring his application for facade assistance to the
amended program.
The guidelines for the revised State Street Facade Program
clearly state that in order to be eligible for the $3 , 000
grant payment, an application must be submitted between May 26
and August 24 , 1998 . Mr. Dohring did not submit a revised
application. The City' s Legal Department has advised that a
program amendment would be necessary in order for previously
submitted applications to be eligible for the $3 , 000 benefit .
Due to the fact that Mr. Dohring had verbally expressed
interest in participating in the amended facade program, staff
is requesting that the Mayor and City Council authorize a
reimbursement to Mr. Dohring for the window improvement to his
-- property at 8-10 North State Street in the amount t of
$4 , 709 . 50 , which represents a rebate of $S
(500 of the remaining $3 , 419 . 00) .
State Street Facade Improvement Program
November 20 , 1998
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
FINANCIAL IMPACT
There was $120, 000 budgeted for this program. To date, $3 , 000
has been spent . Therefore, adequatfu number 0 in
available to
account number 275-0000-791 . 78-99, project
cover the costs associated with this improvement .
LEGAL IMPACT
None .
ALTERNATIVES
1) Authorize payment of the original reimbursement amount of
$3 , 209 . 50 .
2) . Authorize payment of the amended reimbursement amount of
$4 , 709 . 50 .
RECOMMENDATION
It is recommended that a payment in the amount of $4 , 709 . 50 be
authorized for improvements to 8-10 North State Street .
Respectfully submitted,
),t,ca— A. 1' /E55
Joyce A. Parker
City Manager
amp