99-206 Resolution No. 99-206
RESOLUTION
AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT
(116 and 118 West Chicago Street and 1 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 Scott Eaton for the property commonly
known as 116 and 118 West Chicago Street and 1 North State
Street, a copy of which is attached hereto and made a part
hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: July 28, 1999
Adopted: July 28, 1999
Omnibus Vote : Yeas 5 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 R FA day of
July, 1999, by and between the City of Elgin, Illinois, a municipal
corporation (hereinafter referred to as "City") , and Scott
Eaton, (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 Area, pursuant to the criteria set forth herein; 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
$25, 000 for facade improvements approved pursuant to the provisions
of this Agreement _(hereinafter referred to as "Eligible Costs") for
the Structure referred to at Section 17 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 Scott Eaton, 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 the
"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 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 Application Review Team.
Section 4 . Notwithstanding anything to the contrary provided
in this agreement, it is understood by the parties that the project
activities include exploratory demolition on the east elevation
which may disclose required facade improvements in addition to the
work contemplated in this agreement . In such an event, it is
understood that the owner may pursue an amended application to the
City for further improvements to be included within the facade
improvement program for the subject property and further
participation by the City. Any such further participation by the
City shall be at the sole and exclusive discretion of the City and
shall require a written amendment to this agreement executed by the
parties .
Section 5 . 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 by 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 6 . 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 7 . 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 6 herein. In no event shall the amount
paid to Owner exceed the amount specified in this Agreement or in
the contractor statement .
2
Section 8 . 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 9 . 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 10 . 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 11 . 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 12 . 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 authorized 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 13 . 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 .
3
Section 14 . This Agreement shall not be construed to create
a partnership, joint venture or employment relationship between the
parties hereto .
Section 15 . 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 the Circuit Court of Kane County, Illinois .
Section 16 . 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 17 . Owner ' s Name : Scott Eaton
Address : 40W783 Hidden Lakes
City: State : IL Zip Code : 60123
Telephone Number : 464-5518
Property Location: 116/118 W Chicago Street
And 1 North State Street
Ownership Interest : Owner
Contact Person: Scott R. Eaton
Owner ' s Name :
Address :
_ City: State : IL Zip Code :
Telephone Number:
Property Location
Ownership Interest : Owner:
Owner ' s Name :
Address : -
City: State : IL Zip Code :
Telephone Number:
Property Location
Ownership Interest : Tenant :
Owner ' s Name :
Address :
City: State : IL 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 .
OWNER CITY � ELGIN�J
BY:
O
Joyc&r'A. 1VParker, City Manager
OWNER ATTEST:
Dolonna Mecum, ity Clerk
OWNER
OWNER
OWNER
5
* ********************** LIST PRICE REPORT *************************
EPOPS 990412 839 QUOTATION QUOTATION QUOTATION Page: 1
Please note any/all changes MAY change price
Customer: # *5 Distributor/Dealer: Home Owner: (�
Cash Customer Fox Valley Building Materia
1407 Timber Drive
Elgin, IL 60123 , p ,�
(847) 741-2711
PO Number: Quote Reference Number: 0000451 !
! Ordered: 4/02/99 Xmitted: / / Ord By: Job: Jeff Hanson
Liij
NolOrd ten
Qt
Description ! List Exded
Price Price
O1 7 41" (T) X 72" (T) 5500 Reflections White Double Hung; 369.00 2583.00
Tip-to-Tip; BOX; Pre-Mulled; Colonial All White
(3V3H) ; Intercept; Half Screen Fiberglass Extruded
Screen Mold Wrap Screen Separate; Two Air Locs; Two
White Logo Lock; Head Expander; Sill Extender
(UI=113")
02- 7 41" (T) X 35 1/2" (T)X 15" 5500 Reflections White 462.00 3234.00
Eyebrow w/Leg; Tip-to-Tip; BOX; Pre-Mulled; Colonial
All White (OVOH) ; Super Spacer; Double Strength; Glass
Warranty (UI=7711)
03 12 36 1/2" (T) X 72" (T) 5500 Reflections White Double 350.00 4200.00
Hung; Tip-to-Tip; BOX; Pre-Mulled; Colonial All White —
(2V3H) ; Intercept; Half Screen Fiberglass Extruded
Screen Mold Wrap Screen Separate; Two Air Locs; Two
White Logo Lock; Head Expander; Sill Extender
(UI=109")
04 12 36 1/2" (T) X 17 1/2" (T)X 12 1/2" 5500 Reflections 430.00 5160.00
White Eyebrow w/Leg; Tip-to-Tip; BOX; Pre-Mulled;
Colonial All White (OVOH) ; Super Spacer; Double
Strength; Glass Warranty (UI=5411)
38 Total Quantity Sale Amount 15177.00
Tax 7.25% 1100.33
Total 16277.33
Page No: 1
Order Ouo to
P.O. Number: Quote Reference Number: 0000451
Customer InforZM46,,�' n: Distributor: Vendor:
Cash Customer T Fox Valley Building Materials Simonton Windows
1 1407 Timber Drive One Cochrane Ave.
ls C o+T Elgin, IL 60123 Pennsboro, WV 26415
(847) 741-2711
Ord By: !��tq --'c)r4
All drawings are from the OUTSIDE looking in.
Eyebrow w/Leg
0000451/02
41(T) X 351120 X 15
Double Hung Double Hung
0000451/01 0000451/03
41(T) X 72(T) 361/2(T) X 72M
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Eyebrow w/Leg t
00X 17 104 - S� lr T Ala -- �e ��i ! eYJ
361/2(T) X 171/2('1) X 12
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Order Ouote Page No: 1
P.O. Number: Quote Reference Number: 0000451
Customer Information: Distributor: Vendor:
Cash Customer Fox Valley Building Materials Simonton Windows
1407 Timber Drive One Cochrane Ave.
Elgin, IL 60123 Pennsboro, WV 26415
(847) 741-2711
Ord By:
All drawings are from the OUTSIDE looking in.
Eyebrow w/Leg
0000451/02
41(0X351/20X 15
Double Hung Double Hung
0000451/01 0000451/03
41(T) X 72(T) 36 1/2(T) X -72(T)
Eyebrow w/Leg
0000451/04
361/2(7) X 171/2(7) X 12
350"x' ii .50
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Proposal Proposal No. J�
FROM Sheet No.
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GD t4-� O S f. a �f 10 -S�� f Date
-U`14 Y
Proposal Submitted To Work To Be Performed At
Name Street 1
Street City State
City Date of Plans
State Architect
Telephone number o
We hereby propose to furnish all the materials a d perf rm all the bar necessary for the completion of
11 Irv,
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All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings
and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of
with payments to be made as#ollows: �
�' V �Q�2 �C�4 �L'e�.� Dollars ($ ).
Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will
become an extra charge over and above the estimate. All aeements contingent u on strikes, accidents or delays beyond our
control. Owner to carry fire, tornado and other neces ry rance u on ab ork. Workmen's Co ensation and Public
Liability Insurance on above work to be taken out by
Respectfully submitted
Per
Note—This proposal may be withdrawn by us if not accepted within days
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as
specified. Payment will be made as outlined above.
Accepted Signature
Date Signature
TOPS FORM 3450
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City of Elgin Agenda Item No.
July 6, 1999
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Request for Funding Under State Street Facade
Improvement Program - 116 and 118 West Chicago
Street and 1 North State Street
PURPOSE
The purpose of this memorandum is to present to the Mayor and
members of the City Council a request for funding a project
at 1 North State Street and 116 and 118 West Chicago Street .
BACKGROUND
The owner of the above-referenced addresses, Scott R. Eaton,
has submitted an application for participation under the
State Street Facade Program (attached) . The project proposed
by Mr. Eaton would involve 32 window and two door replace-
ments and painting. Two quotes were obtained for the work.
The low quote was $42, 070 . 37, the second quote totaled
$80, 700. 00 . The drywall and drop ceiling work referenced in
the attached low quote is the result of the opening of previ-
ously closed window openings on the west, east and south
sides of the buildings.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
New Century Partnership and Downtown Neighborhood Association
are familiar with the proposed project .
—-FINANCIAL IMPACT
Approval of the proposed work would result in a rebate to Mr.
Eaton of up to $25, 535 . 16 . The rebate estimate of $25, 535 . 16
is based on a total project cost of $42, 070 . 37 and includes
the $3 , 000 one-time facade improvement grant for each of the
three addresses, plus 500 of the remaining project costs, or
$16, 535 . 16 . The total budget in the Facade Program is
$120, 000, and all expenses would be charged to account number
275-0000-791 . 78-99 . To date, $19, 009 has been paid out on
three State Street facade projects.
LEGAL IMPACT
None . .
r State Street Facade Improvement Program
July 6, 1999
Page 2
ALTERNATIVES
1) Approve the request from Mr. Eaton for up to $25, 535 . 16
to pay for costs associated with a project at 1 North
State Street and 116 and 118 East Chicago Street .
2) Reject the request to fund the facade project .
RECOMMENDATION
It is recommended that the request for participation in the
State Street Facade Program be approved and a rebate of up to
$25, 535 . 16 be obligated for payment upon approved completion
of the facade improvement .
Re ectfully submitted,6/�' / �)
J ce Parker
City Manager
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