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00-201 Resolution No . 00-201 RESOLUTION AUTHORIZING EXECUTION OF AN ELGIN GREASE TRAP INCENTIVE PROGRAM AGREEMENT (925 Dundee 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 an Elgin Grease Trap Incentive Program Agreement on behalf of the City of Elgin with Tim Hamilton and Chris Hamilton for the property located at 925 Dundee Avenue, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: September 13 , 2000 Adopted: September 13 , 2000 Omnibus Vote : Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN NON-CENTER CITY ELGIN GREASE TRAP INCENTIVE PROGRAM AGREEMENT THIS AGREEMENT is made and entered into this a A1& day of 4434, 2000, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City" ) , and Tim and Chris Hamilton, (hereinafter referred to as "Owner" ) . WHEREAS, City has established an Elgin Grease Trap Incentive Program (hereinafter referred to as " Program" ) for applicants within the Center City of Elgin and Non-Center City applicants with buildings that discharge into a combined sewer or into a separate sewer which connects into a combined sewer overflow area; and WHEREAS, Program is administered and funded by the City for purposes of providing a rebate on the purchase and installation of 1, 000 gallon grease traps as required by the Fox River Water Reclamation District; and WHEREAS, pursuant to the Program, City has undertaken to share the cost of the purchase and installation of a 1, 000 gallon grease trap, pursuant to the criteria of the Program and as set forth herein; and WHEREAS, the applicant operates a business open to the public which provides food service as its primary function and for the Center City portion of the program, is located in the identified target area; 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 . The Owner shall install a grease trap and all necessary and required appurtenances thereto at the property commonly known as 925 Dundee Avenue, Elgin, Illinois pursuant to the requirements of the Fox River Water Reclamation District and in accordance with all other applicable code and legal requirements (such installation of the grease trap is hereinafter referred to as the "Work" ) . For the Non-Center City portion of the Grease Trap Incentive Program thirty-three percent (33%) of the cost of the grease trap (including installation) shall be reimbursed up to a maximum amount of $5, 000 per project . Such rebate shall be provided upon reasonable proof that a grease trap conforming to the City' s required specifications was permitted, purchased, installed and inspected. All parties hereto agree that all payments from the City provided for herein shall be made to Tim and Chris Hamilton, who shall provide the City with a full release upon receipt . Section 2 . Eligible costs shall include labor, material and equipment costs (hereinafter referred to as the "Work" ) . Section 3 . No Work shall be undertaken or shall be considered to constitute the basis for an eligible cost until 3 bids for such Work has been submitted to and approved in writing by the Director of Economic Development and Business Services . Such proposals shall include, but not be limited to, a date certain by which the Work shall be completed. All work relating to the grease trap installation shall be completed within 180 days from the date of the Agreement, unless Owner obtains the written consent from the City. Section 4 . The City shall be permitted access to the Structure 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 City, 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 City 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 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 . 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 oblications on the part of City shall cease and become null and void. 2 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 without prior written approval from the Director of Economic Development in his/her 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 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 multi-year lease at the location for which the work is proposed. 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 8 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 . Each Owner and Tenant 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 in connection with Owner' s or Owner' s agents, employees and assigns' negligent performance of any of the terms of this Agreement or any work contemplated by this Agreement . Section 13 . This Agreement is not intended to create a partnership, joint venture or employment relationship between the parties hereto. 3 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 : Tim and Chris Hamilton Address : 371 Wilcox Avenue City: Elgin State : IL Zip Code : 60123 Telephone Number: (847 ) 742-9704 Property Location of 925 Dundee Avenue Ownership Interest : Owner Contact Person: Chris Hamilton Owner' s Name : Address : City: State : Zip Code : Telephone Number: Property Location: Ownership Interest : Owner : Owner' s Name : Address : City: State : Zip Code : Telephone Number : Property Location: Ownership Interest : Tenant : Owner' s Name : Address : City: State : Zip Code : Telephone Number : Property Location: Ownership Interest : Section 17 . The City of Elgin Grease Trap Incentive Program Guidelines dated June 6, 2000, as such guidelines may be amended from time to time by the City, are hereby incorporated into this Agreement . IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first appearing above . 4 OWN - CITY O' ELGIN By: k fAck. / J.y e ' . Parker, City Manager OWNER ATTEST : l Dolonna Mecum, City Clerk OWNER OWNER OWNER 5 i Agenda Item No. - - City of Elgin p��RTED EE� ' March 22 , 2000 • TO : Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT : Request for Participation in :he Grease Trap Incentive Program PURPOSE The purpose of this memorandum is to present to the Mayor and members of the City Council a request from the new owner of Gee-N- Jays Restaurant, located at 925 Dundee Avenue, to modify the current Grease Trap Incentive Program in order to allow for their participation in the program. BACKGROUND Mr. & Mrs . Tim Hamilton are in the process of purchasing Gee-N - Jays Restaurant . The Hamilton ' s are being required by FRWRD to install a 1, 000 gallon Grease Trap at the site . While the subject property is located within an area that has separate sewers , the property influences the combined sewer overflow areas . As a result the Illinois Pollution Control Board Decisions and Federal Regulations force Elgin and FRWRD to continue to regulate non- domestic sanitary sources within these areas as if they were in the traditional CSO area . While Gee-N-Jay' s restaurant is in a separate sewer area their effluent flows into a combined sewer area as it travels to the treatment plant . The request from Gee-N-Jays was reviewed and discussed with the staff at the Development Review Committee . The Elgin Grease Trap Incentive Program was adopted in March of 1998 . To date no restaurants in the downtown area have taken advantage of the program. The program addresses the need to satisfy regulatory requirements within the combined sewer overflow areas and stimulate restaurant redevelopment within the Center City. While Gee-N-Jay ' s is not located within Elgin ' s Center City, the business is required to meet the regulations for CSO areas . Some level of assistance is warranted due to the regulatory requested . The level of assistance could be less than 50 percent due to the potential number of eligible establishments involved and their location outside of the downtown. Grease Trap Incentive Program March 22 , 2000 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . .--r L_FINANCIAL IMPACT Under the proposed change from a 5: percent to 33 percent reimbursement level , the City would be obligated up to a maximum of $5 , 000 (one third of $15 , 000) . There are sufficient funds available in the Riverboat Lease Fund, Economic Development Incentives account number 276-0000-791 . 80-27 to fund this incentive . LEGAL IMPACT None . ALTERNATIVES 1 . Expand the Grease Trap Incentive Program to allow for participation of existing non-Center City restaurants , which do not currently have grease traps but , are being required to install grease traps . 2 . Expand the Grease Trap Incentive Program to allow for the participation of existing non-Center City restaurants which do not currently have grease traps but are being required to install grease traps, but at a reimbursed level of 33 percent rather than 50 percent . 3 . Do not amend the existing Grease Trap Incentive Program. RECOMMENDATION It is recommended that the Mayor and members of City Council authorize a modification to the current Grease Trap Incentive Program as outlined in Alternative No . 2 , that would allow existing non-Center City restaurants to participate in the Grease Trap Program but at a reimbursement level of 33 percent . Resfectfully submit d, • C��G Joyce A. Parker City Mana_er SLP Attachments 64 OF F�Ci f: � . Agenda Item No ' City of Elgin 9s0' ' to Fie' March 22 , 2000 TO : Mayor and Members of the City Council FROM : Joyce A. Parker, City Manager SUBJECT : Request for Participation in the Grease Trap Incentive Program PURPOSE The purpose of this memorandum is to present to the Mayor and members of the City Council a request from the new owner of Gee-N- Jays Restaurant , located at 925 Dundee Avenue , to modify the current Grease Trap Incentive Program in order to allow for their participation in the program. BACKGROUND Mr . & Mrs . Tim Hamilton are in the process of purchasing Gee-N - Jays Restaurant . The Hamilton ' s are being required by FRWRD to install a 1, 000 gallon Grease Trap at the site . While the subject property is located within an area that has separate sewers, the property influences the combined sewer overflow areas . As a result the Illinois Pollution Control Board Decisions and Federal Regulations force Elgin and FRWRD to continue to regulate non- domestic sanitary sources within these areas as if they were in the traditional CSO area . While Gee-N-Jay ' s restaurant is in a separate sewer area their effluent flows into a combined sewer area as it travels to the treatment plant . The request from Gee-N-Jays was reviewed and discussed with the staff at the Development Review Committee . The Elgin Grease Trap Incentive Program was adopted in March of 1998 . To date no restaurants in the downtown area have taken advantage of the program. The program addresses the need to satisfy regulatory requirements within the combined sewer overflow areas and stimulate restaurant redevelopment within the Center City. While Gee-N-Jay ' s is not located within Elgin ' s Center City, the business is required to meet the regulations for CSO areas . Some level of assistance is warranted due to the regulatory requested. The level of assistance could be less than 50 percent due to the potential number of eligible establishments involved and their location outside of the downtown .