99-46 Resolution No. 99-46
RESOLUTION
AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT
PROGRAM AGREEMENT
( 12 N. 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 Juan Thorne for the property commonly known
as 12 North State Street, a copy of which is attached hereto
and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: February 10, 1999
Adopted: February 10, 1999
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 9'P-- day of
f;eIbiwenn , 1919 , by and between the City of Elgin, Illinois, a
municipal corporation (hereinafter referred to as "City" ) , and Juan
Thorne, (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 501 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 $2 , 751
for facade improvements approved pursuant to the provisions of this
Agreement (hereinafter referred to as "Eligible Costs" ) for the
Structure referred to at Section 15 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 Juan Thorne, 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 . 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) 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 . City shall pay to Owner the sum provided for at
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Section 1 herein within thirty (30) days of owner' s compliance with
the provisions of Section 4 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.
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
3
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 5 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, 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 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 : Juan Thorne
Address : 12 North State Street
City: Elgin State : IL Zip Code : 60123
Telephone Number: 741-0001 - I`fi-G223
Property Location: R
Ownership Interest : 00
Contact Person: 6,tJ
4
Owner' s Name : 0 ) -A• T-t o(N E
Address : IZ u . S;Anc- S;_ (_)PPE-t-
city: State : IL Zip Code : (00123
Telephone Number: ( - '7'11—At-2-3
Property Location: fZ N . S7-4T%C- 17. 11
Ownership Interest : Owner: Io O
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 :
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date first appearing above .
OWNER CIT O LGIN
By
J ce 61. Parker, City Manager
OWNER ATTE T:
� A�-
Dolonna Mecum, City Clerk
OWNER
OWNER
OWNER
5
EXHIBIT "A"
WORK TO BE COMPLETED UNDER STATE STREET FACADE PROGRAM
The project scope of work shall be limited to :
1 . Replacement of three second floor windows .
6
City of Elgin Agenda Item No.
February 10, 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, 12 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
12 North State Street under the State Street Facade Program.
BACKGROUND
The owner of 12 North State Street, Juan Thorne, has submitted
an application for participation under the State Street Facade
Program (attached) . The project proposed by Mr. Thorne
/�► involves second floor window replacement .
E COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
New Century Partnership and Downtown Neighborhood Association
are familiar with the proposed project .
0 '�FINANCIAL IMPACT
Approval of the proposed work would result in a rebate to Mr.
Thorne of $2 , 751 . 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, 000 has been committed
toward three State Street facade projects.
Wro LEGAL IMPACT
None .
ALTERNATIVES
1) Approve the request from Mr. Thorne for $2, 751 to pay for
costs associated with a project at 12 North State Street .
2) Reject the request to fund the facade project .
Facade Improvement Program - 12 North State Street
February 3 , 1999
Page 2
RECOMMENDATION
It is recommended that the request for participation in the
State Street Facade Program be approved and a rebate of $2, 751
be obligated for payment upon approved completion of the
facade improvement .
ectfully sub ted,
L
J ce Parker
City Manager
dw
Attachment
. Ct 3 I-�''6 ► n
' PAY � w
STATE STREET BUILDING IMPROVEMENT PROGRAM
APPLICATION FORM
E
1 . Applicant JU.A(j A - I ffop4ie'
(Name) _
Home Address Z /J STA re �T
(Street) Q �
t'L& tj �� (a LO (2 U P/-�! era. 7 Ll I--g Z�3
(City) (State) (Zip) (Phone)
2 . Building or establishment for which the rebate is sought:
1Z N STATe- Si ^ E-L6 1N IL (001L3
(Street Address)
Applicant is : _Owner Tenant
If tenant, what is term of lease?
3 . Facade to be improved: Front Side Rear
4 . Proposed use of program:
Canopy/Awning Signage
✓/ Windows/Doors Exterior Lighting
Painting/Tuck Restoration of
Architectural Features
Brick Cleaning Landscaping
Other (please specify)
5 . Statement of Understanding.
A. The applicant (undersigned) agrees to comply with the
guidelines and' procedures of the State Street Building
Improvement Program and the conceptual design and outline
specifications as agreed to by the applicant and the application
review team.
B. The applicant understands that the applicant must submit
detailed cost documentation, copies of building permits, bids,
contracts and. invoices and contractor' s final waivers of lien
upon completion of the approved improvements .
Applicant Signature