99-212 Resolution No. 99-212
RESOLUTION
AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT
PROGRAM AGREEMENT
(21 Douglas Avenue)
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 David Andersen for the property
commonly known as 21 Douglas Avenue, 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
Vote : Yeas 5 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
CITY OF ELGIN
FACADE IMPROVEMENT PROGRAM AGREEMENT
TIJIS AGREEMENT is made and entered into this 261Y4 day of
1999, by and between the City of Elgin, Illinois, a
mun cip 1 corporation (hereinafter referred to as "City") , and David
Anders n, (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, 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 c-f 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 350 of
the total approved project costs, such costs not to exceed
$7 , 431 . 20 for facade improvements approved pursuant to the
provisions of this Agreement based upon the proposal shown in
Attachment "A" (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. David Andersen, 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 herein and prepared by Consultant (hereinafter referred
to as "Plans") .
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 . 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 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) co-pies 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 .
2
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.
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 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 .
3
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.
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 the Circuit Court of 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 : David Andersen
Address : 3961 Sandpiper Drive
City: Hanover Park State : IL Zip Code : 60103
Telephone Number: (630) 830-0336
Property Location: 21 Douglas Avenue
Ownership Interest : Owner
Contact Person:
_ 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 .
WNE CITY ELGIN
qD By:
Jo e Parker, City Manager
OWNER ATTEST :
iq&innA
Dolcnna Mecum,--City Clerk
OWNER
OWNER
OWNER
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DESCRIPTION OF WORK PERFORMED
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Sub Total:
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Accepted By: TOTAL:
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Thank you for your Business
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773) 235-3023 626 77 Fax 626-92 6 4 .616 w Chi Ave. 1. Ni li. ""1526
Midwest Awnings ------ -- - -&-- _ -- _ -77. _ - 0
-- .--- .. _ - __ cago CH III 606
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and Canopies, rnc. SUBMITTED TO:.--- DATE:
ADDRESS: FAX - --- PHONE:
JOB SITE:.
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INSTALL ON OR ABOUT:
COMPLETE
RECOVER ❑ a '�" $ d'I
OTHER �D• n /
LETTERING:
Fabric iz
Color 01 1 C L fE
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Lights included: Yes El. No❑ _ _
(It is responsibility of the customer to _
furnish with electrical wire outside CA: c
W1 161 u)c awliiig wiii uC 111Z iaiicuj. �--�
Permit included Yes . No ❑
Customer Name 12 ND '
Salesman_ -N 7
No additions or changes to be
made in above specifications I
Terms: E � --.�._ _-
Installation of delivery subject to strikes,kokou or other caused,beyond our control.Upon default by buyer in the PfICe
payment of any installment of the price or in the performance of any agreement of buyer herein AKdwest Awnings
and Canopies,inc.may,without notice,take possession of said erty personal prop and sell same without notice,free Tax �f
and clear of any claim by buyer,and retain any and all payments,made as liquidated damages for the use by buyer DATE:and for depredation and for a)pense,to seller of taking possession of said personal property. I Total
ACCEPTANCE OF PROPOSAL Deposit
The above prices, specifications and conditions are satisfactory and are hereby accepted. Signature; — --
You are authorized to do the work as specified. Payment will be made as outlined above. — (
C.0_D_Bal
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J, E�' f � } I S 1wr i
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General Contractor • Residential• Commercial
12N545 Jackson Drive, Elgin, IL 60123
(Bus) 1-847-742-5656 (Fax) 1-847-742-6656
Andersen's
Proposal 6/30/99
21 Douglas, Elgin IL 60120
1 Clean and tuckpoint brick- rear of building $ 4,100.00
2 Replace front door with 3/0 fir raised panel door, install new lock, weather-strip and threshold $ 1,150.00
3 Strip and repaint front door and jamb $ 450.00
4 Replace back door and awning window, install new lock, weather-strip and threshold $ 1,370.00
5 Strip and repaint rear door $ 450.00
6 Repair concrete stair at rear door $ 500.00
7 Replace two rear double hung windows with awning windows $ 1,900.00
8 Repair concrete stair to basement $ 700.00
9 Install rear stairwell cover and door $ 4,500.00
Subtotal $ 15,120.00
Profit and overhead 10% -- $ 1,512.00
Total $ 16,632.00
Andersen's 21 Douglas, Elgin IL
Construction Estimate 6/25/99
Kind of Work Estimated Amount Notes
1 Brick Cleaning and Tuckpoint $ 4,100.00
2 Front Door Replacement $ 1,150.00
Strip Paint- Front Door $ 450.00
Back Door Replacement and Awning Window $ 1,370.00
Strip and Paint Rear Door $ 450.00
Repair Concrete Stair at Rear Door $ 500.00
Replace Two Rear Windows $ 1,900.00
Repair Concrete Stair to Basement $ 700.00
6 Rear Stairwell Cover and Door $ 4,500.00
47 Subtotal $ 15,120.00
7 Profit and Overhead 10% $ 1,512.00
Total $ 16,632.00
Agenda Item No.
City of Elgin
July 15, 1999
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Facade Project for 21 Douglas 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 21 Douglas Avenue.
BACKGROUND
The owner of the property, David Andersen, wishes to participate in
the Facade Improvement Program.
In September of 1998, the City Council approved the property at 19-
21 Douglas Avenue for participation in the Facade Improvement
Program. The property has the appearance of a single building with
two storefronts. Mr. Andersen operates Andersen' s Wedding Service
at 21 Douglas Avenue and Patricia Keeney operates Keeney' s Sporting
Goods at 19 Douglas Avenue. Staff engaged a single architect to
develop design alternatives for the building because of the unique
physical layout of the property.
The architect contacted by the City to draw up the plans for the
project is Miniscalco Architects of St . Charles . The architect has
provided an estimate of $2, 800 for services, including design,
preparation of construction documents, bidding and construction
administration for the project at 19-21 Douglas Avenue . Under the
Facade Improvement Program, the City pays all architectural fees .
The fee is a not-to-exceed amount and will be billed on an actual
time basis .
The major work at 21 Douglas Avenue involves scraping, patching and
painting the second story of the front facade. The second story
cornice will also be repaired and painted. An awning will be added
to the front of the building.
The following improvements will be made to the rear facade of the
Andersen property: brick cleaning and tuck pointing, door
replacement and painting, window replacement, concrete stair
repairs and the installation of a rear stairwell cover and door.
Facade Project for 21 Douglas Avenue
July 15, 1999
Page 2
The estimated project cost for Andersen' s is $21, 232, not including
architectural services . Under the provisions of the Facade
Improvement Program, the participants would be entitled to a rebate
of 35 percent of the construction cost . The rebate, as calculated,
would be approximately $7, 431 .20 .
Two quotes were solicited for the proposed repairs . The rebate
amount is based on the low quote .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED.
Elgin Heritage Commission.
FINANCIAL IMPACT
Approval of the comprehensive facade project for 21 Douglas Avenue
at the 35 percent level would equal $7, 431 . 20, plus architectural
fees of $1, 400 (one-half of $2, 800) , for a total City participation
of $8, 831.20 . The total amount budgeted for the Facade Improvement
Program in 1999 is $40, 200 . Sufficient funds exist from the
Downtown Redevelopment Fund, account number 350-0000-795 . 78-99,
project number 179541 .
LEGAL IMPACT
None .
ALTERNATIVES
1 . Approve the request by David Andersen 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 21 Douglas Avenue be approved.
Res ectfully submit,
i'
J ce A. Parker
City Manager
RHM:amp
Attachment