99-318 Resolution No. 99-318
RESOLUTION
AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT
PROGRAM AGREEMENT
(113-117 W. Chicago 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 Joseph Connella for the property
commonly known as 113-117 W. Chicago Street, a copy of which
is attached hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: December 15 , 1999
Adopted: December 15, 1999
Omnibus Vote : Yeas 7 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 l,Ivv day of
December, 1999 , by and between the City of Elgin, Illinois, a
municipal corporation (hereinafter referred to as "City") , and
Joseph Connella, (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 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 f llows :
Sec 1
on . City shall pa7 to Owner a sum not to exceed
$50, 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 Joseph Connella, 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 withou
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 : Joseph Connella
Address : 4257 S . Archer Avenue
City: Chicago State : IL Zip Code : 60632
Telephone Number:
Property Location: 113/117 W Chicago Street
Ownership Interest : Owner
Contact Person: Joseph Connella
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 :
Section 18 . Prior to the Installation of "brick-look" dryvit
material on the east & south elevations of the buildings, the City
shall approve in writing the material chosen by the owner.
4
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date first appearing above .
OWNER CITY CY ELGIN
By
Joseph Connellla Joyce . , arker, City Manager
OWNER ATTEST:
Dolonna Mecum, tity Clerk
Owner
Owner
Owner
5
- H
Agenda Item No.
City of Elgin
October 15, 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, 113 and 117 West Chicago Street
PURPOSE
The purpose of this memorandum is to present to the Mayor and
members of the City Council a request for funding projects at 113
and 117 West Chicago Street (Beauty School) under the State Street
Facade Program.
BACKGROUND
The owner of 113 and 117 West Chicago Street, Joe Cannella, has
submitted an application for participation under the State Street
Facade Program (attached) . The project proposed by Mr. Cannella
would involve the following scope of work:
1 . Remove the existing purple metal on 117 West Chicago Street,
and install new aluminum frame store fronts .
2 . Clean existing bricks and install new bulk heads in front of
both buildings.
3 . On the east side of 113 West Chicago Street and the rear of
z ` both buildings, install red brick-style dryvit .
4 . Remove the existing glass blocks on 2nd floor of 117 West
Chicago Street and install aluminum double hung windows .
The key elements to these properties are the restoration of the
north facades of both buildings. Store fronts will be returned to
a more traditional look, brick will be cleaned and windows
replaced.
The east and south facade of 113 and 117 West Chicago Street
presents a challenge in terms of restoration. The surface is a
common brick that has been painted and is deteriorating. Any
attempt to clean and wash the wall would result in further
deterioration of the surface brick. The owner has proposed the use
of a "brick look" dryvit panel on the east and south walls. Staff,
including the Historic Preservation Specialist, has reviewed the
request and concurs with the proposed "brick look" dryvit option.
Facade Improvement for 113/117 West Chicago Street
October 15, 1999
Page 2
Two quotes were obtained for the proposed work:
Fraz Artech
1 . 113 West Chicago Street $ 65, 000 $ 60, 000
2 . 117 West Chicago Street 51 . 000 60 , 000
$116, 000 $120, 000
Based on the low bids estimate for both buildings, the owner is
eligible for a maximum grant amount of $25, 000 for each structure .
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.
Cannella of up to $50, 000 ($25, 000 per each address) . The funding
request is being considered as two separate projects. 113 and 117
West Chicago Street are two distinct buildings that have been
modified to allow for a common area on the first floor.
The total budget in the State Street Facade Improvement Program is
$120, 000 and all expenses would be charged to account number 275-
0000-791 . 78-99 . To date, $44 , 000 has been paid or committed on
four State Street facade projects.
WV LEGAL IMPACT
None.
ALTERNATIVES
1 . Approve the request from Mr. Cannella for up to $25, 000 to pay
for costs associated with the project at 113 West Chicago
Street and approve the request for up to $25, 000 to pay for
costs associated with the project at 117 West Chicago Street .
2 . Reject the request to fund the facade project .
Facade Improvement for 113/117 West Chicago Street
October 15, 1999
Page 3
RECOMMENDATION
It is recommended that the request for participation in the State
Street Facade Program be approved and a rebate of up to $50, 000 be
obligated for payment upon approved completion of the facade
improvements .
Respectfully submitted,
Jo e A Parker
Ci y Manager
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Joe Connalla (owner)
113 & 115 Chicago Street
Elgin, IL.
773-523-7211
We will furnish all the required materials, which we guarantee will be
as specified, and we will perform all the labor required for the
completion of the renovation of the buildings commonly known as
113 (building 1 ) and 115 (building 2) W. Chicago Street, Elgin, IL.
Proposal as follows
1 ) Remove the existing purple metal on Building 2
and install new aluminum frame store :Fronts.
2) Clean existing bricks and install new bulk heads
in front of Buildings 1 & 2 .
3 ) on the east side of Building 1 and rear of Building
1 & 2 install dryvit as per sample approved-.by
owner.
4) Remove the existing glass blocks on 2nd floor of
Building 2 and install aluminum double hung windows-
The attached drawings by Antonio Fanizza shall be a
guide to the undersigned performance_
The above work to be performed in accordance with the drawings and specifications
submitted Cor above work and completed in a workmanlike manner. Upon completion
of Building ! Contractor to be paid $650000.00 and upon completion of Builsing 2
Contractor to be paid $51,000.00.
Changes in the above specifications may be made only upon written agreemei
and extra charges will be made. All agreements are contingent upon strike:
accidents or delays beyond our control. You are to carry fire, tornado
and other necessary insurance upon above work. Our workers are fully
covered by workmen's Cbmpensation and Public Liability Insurance. This
This proposal may be withdrawn by us at any time before acceptance.
fRespectfully submitted }'L�6�D, F Assac.
Per J
Donato Fr olone
Acceptance
ARTECH A DEVELOPMENT CO.
Mr. Joe Connel.la
Chicago, Illinois October 13, 1999
Re: 113 & 115 Chicago Street
Elgin, Illinois
Dear Mr. Connella,
The undersigned agrees to provide at my expense all the materials necessary
and to remove and complete in a good substantial and workmanlike manner for the
subject property in comforts i ty rd th the drawings by Antonio rsnizaa Assocta cca
LTD viz, ,
A) Clean bricks and install new bulk heads in .front of buildings 113 &
115.
D) Install new aluminum frame in front of 115 building and remove existing
purple porcelain metal.
C) Install dryvit on the east side of 113 and at the rear of both buildings
113 & 115.
D) Remove the existing glass blocks on the 2nd floor of building 115 and
install aluminum double hung windows.
The Owner agrees to pay the undersigned the sum of $120,000.00. in the following
manner;
$25,000.00 upon commencement of work and the balance shall be paid upon
completion of the work at buildings 113 & 115 Chicago Street, Elgin, I1.
Very Trul Yours,