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00-250 Resolution No. 00-250 RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT (158-160 Symphony Way) 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 Peter Franko for the property commonly known as 158-160 Symphony Way, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: November 15, 2000 Adopted: November 15, 2000 Omnibus Vote : Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AM CITY OF ELGIN FACADE IMPROVEMENT PROGRAM AGREEMENT THIS AGREEMENT is made and entered into this /-f day of 2000, b and between the City of El y y gin, Illinois, a municipal corporation (hereinafter referred to as "City" ) , and Pete Franco, (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 of 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 35% of the total approved project costs, such costs not to exceed $60, 295 . 00 for facade improvements approved pursuant to the provisions of this Agreement (hereinafter referred to as "Eligible Costs" ) for the Structure referred to at Section 16 herein (hereinafter referred to as "Structure" ) . All parties hereto agree that all payments from the City provided for herein shall be made to Pete Franco, 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" ) , which design photos and cost estimates are attached hereto and made a part hereof as Attachment "A" . 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 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 . To the fullest extent permitted by law, Owner agrees to indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgements, costs, attorney' s fees, damages or other relief arising out of or resulting from or through or alleged to arise out of any reckless or negligent acts or omissions of Owner' s officers, employees or agents in the performance of this agreement . In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City' s choosing. 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: Pete Franco Address : 8N074 Falcon Trail City: St . Charles State : IL Zip Code: 60175 Telephone Number: ( 630) 363-3430 Property Location: 160 Symphony Way 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 4 Owner' s Name : Address : City: State: IL Zip Code: Telephone Number: Property Location Ownership Interest : IN WITNESS WHEREOF, the parties hereto have executed this A nt on the date first appearing above . OWNER CITY O ELGIN By:�, Pete Franco Joyc arker, City Manager OWNER ATTEST: --(--GG6 n-- Dolonna Mecum, City Clerk OWNER OWNER OWNER 6 PROJ No.99034 DATE 08/31/00 BERNA ARCHITECTS AND DESIGN Pete Franko 160 NORTH STREET EXTERIOR FACADE IMPROVEMENT 160 SYMMPHONY WAY EXTERIOR FACADE PROGRAM ESTIMATE PROJECT COST ESTIMATE DIV. DESCRIPTION QUAN. I PRICE/UNIT PRICE DIVISION 2-SITEWORK SITE IMPROVEMENTS SITE ELECTRICAL PARKING LOT LIGHTING 0 EA. $4,000.00 EA. $0.00 DOUBLE LUMEN,250W,M.H.,30'H. SIDEWALK-LIGHTING 3 EA. $500.00 EA. $1,500.00 (LOW INTENSITY,LOW LEVEL DIVISION 3-CONCRETE CONCRETE CONCRETE COLUMN FOOTINGS ASSEMBLED 16 EA. $125.00 EA. $2,000.00 3'X3'X1'FOOTING REAR CONCRETE FOOTINGS @REAR 100 L.F. $70.00 L.F. $7,000.00 ASSEMBLED COST 5"CONCRETE SLAB-S.O.G. 170 S.F. $4.50 S.F. $765.00 w/6X6 WWF REINFORCING DIVISION 4-MASONRY C.M.U.WALLS 12"BRICK WALL REPAIR AND TUCK PT. 3,000 S.F. $8.75 S.F. $26,250.00 CLEANING AND LOW POWER WASHING 7,000 S.F. 1 $2.75 S.F. $19,250.00 DIVISION 5-METALS STRUCTURAL STEEL STEEL LINTELS&SUPPORT ANGLES STEEL LINTELS SINGLE @ 5-0"OPENING 3 EA. $35.00 EA. $105.00 STEEL LINTELS DOUBLE @ 9'-0"OPENING 2 EA. $50.00 EA. $100.00 RAILING AT BALCONIES&PLATFORMS 10 L.F. $200.00 L.F. $2,000.00 DIVISION 6-WOOD&PLASTIC ROUGH CARPENTRY TEMPORARY PROTECTION 2,000 ADD $1.00 ADD $2,000.00 MISC.WOOD BLOCKING&FRONT DOOR 2,000 ADD $1.00 ADD $2,000.00 FIXED WOOD STAIR&LANDING ALL 3 FLOORS 1 EA. $8,000.00 EA. $8,000.00 DIVISION 7-THERMAL& MOISTURE PROTECTION WATER PROOFING CAULK AND SEALANTS INTERIOR CAULK 1,000 ADD $1.00 ADD $1,000.00 EXTERIOR CAULK 2,000 ADD $1.00 ADD $2,000.00 ROOFING BUILT UP ROOF SYSTEM 700 S.F. $10.00 S.F. $7,000.00 MECH.FASTENED w/FLASHING& ACCESSORIES EDGE OF ROOF ONLY ROOF EDGING ASSEMBLED COS 120 L.F. $14.00 L.F. $1,680.00 INCLUDES COPING,ALUMINUM ROOF EDGE4"HIGH Page 1 DIVISION 8-DOORS&WINDOWS EXTERIOR DOORS ASSEMBLED COSTS DOORS,FRAME AND HARDWARE INSTALLED -SINGLE 5 EA. $1,200.00 EA. $6,000.00 -FRONT DOOR/LIGHT 1 EA. $2,400.00 EA. $2,400.00 EXTERIOR GLAZING WINDOWS AT EXTERIOR 1,000 S.F. $40.00 S.F. $40,000.00 BAY WINDOW AT EXTERIOR 200 S.F. $45.00 S.F. $9,000.00 ROUND TOP WINDOWS 60 S.F. $65.00 S.F. $3,900.00 DIVISION 9-FINISHES PAINTING GYP.BOARD WALLS w/wienscoat 300 S.F. $0.80 S.F. $240.00 EXPOSED STRUCTURE 200 S.F. $1.30 S.F. $260.00 DOORS AND FRAMES 6 EA. $35.00 EA. $210.00 DIVISION 10-SPECIALITIES EXTERIOR SIGNAGE 3,000 EA. $1.00 EA. $3,000.00 FRONT DOOR RAILINGS 2 EA. $175.00 EA. $350.00 DIVISION 11 -EQUIPMENT DIVISION 12-FURNISHINGS DIVISION 13-SPECIAL CONSTRUCTION DIVISION 14-CONVEYING SYSTEMS CONVEYING SYSTEMS CHAIR LIFT 3 STOPS N.I.C. 0 EA. $0.00 EA. $0.00 DEMO.DOOR OPENING 20 M.H. $70.00 M.H. $1,400.00 ELEC. 600 S.F. $12.00 S.F. $7,200.00 SUB-TOTAL $156,610.00 GENERAL CONDITIONS CONTINGENCY 0.1 $15,661.00 TOTAL PROJECT COST -$nz,z7l.00 TOTAL $n2.z�l.00 City Fagade Program 35%= $60,294.85 Page 2 _ .,�. ��tmw,.,��.. _ ,,�` F.: y i( � t r .__ �� —� a � T �� :.� `�:; :��§ � . . � w . � /��2\ - _ ��< .��\\�} - � ��v\~ ��ya f , : ~^ � 2�\��\~ , z , %» . \ �a � `� »° \ . \ � : . � * � � \� �/� . \� { ? � �^ i � } \ � �/� @} � i � ? � ��'��:��«% � : . 2 3% . ��A&��»+�y��, ° 2 � : ��: �\ ~ � \\ ` ��=/\� 3ƒ��2 2\•��A�*��5��«:«• . - - - . �ry 2y» � . ��w�,�az.��»��.��\��»dyd« . . City of Elgin Agenda Item No. ,1 ell September 1, 2000 TO: Mayor and Member of the City Council ALIVE DOWNTOWN FROM: Joyce A. Parker, City Manager SUBJECT: Facade Project for 158/160 Symphony Way PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a facade improvement project for 158/160 Symphony Way. BACKGROUND The owner of the property, Pete Franco, wishes to participate in the Facade Improvement Program. This turn-of-the-century building, located at 158/160 Symphony Way, is a good example of the downtown hotel industry. The railroad and major industry, such as the Borden plant, drew workers and sales persons from all over the Midwest to Elgin' s downtown. Many hotels were built at this time with restaurants and taverns for the guests . This building has a unique front facade with 1/8" face brick mortar joints and Chicago bay windows . The architect contacted by the City to draw up the plans for the project is Berna Architect of Elgin. The architect has provided an estimate of $14, 800 for services, including design, preparation of construction documents, bidding and construction administration. 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 is masonry tuck-pointing, brick cleaning, window replacement, restoration of the rear porch and stairways . The estimated project cost is $172, 271, 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 $60, 295 . Facade Project at 158/160 Symphony Way September 1, 2000 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Elgin Heritage Commission. FINANCIAL IMPACT Approval of the comprehensive facade project for 158/160 Symphony Way at the 35 percent level would equal approximately $60, 295, plus architectural fees of $14, 800, for a total City participation of $75, 095 . The total amount budgeted for the Facade Improvement Program in 2000 is $175, 943 (account numbers 350-0000-795 . 78-99 and 275-0000-791 . 78-03) . $161, 000 has been spent or encumbered. With the approval of the 158/160 Symphony Way project, there will be a shortfall in funding of approximately $50, 000 for center city facade projects in 2000 . Currently, there are four facade projects in the construction cost development stage and one project under construction (Steffen at $60, 000) . Greater-than-anticipated Riverboat Funds could be used to make up the difference. LEGAL IMPACT An agreement will be required. ALTERNATIVES 1 . Approve the request by Pete Franco for participation in the Facade Improvement Program. 2 . Reject the request to proceed with the project. RECOMMNDATION It is recommended that the request to proceed with the facade improvement project for 158/160 Symphony Way be approved. Respectfully submitted,/�2� J �q • ce Parker �/�► City Manager amp Attachment PROJ No.99034 DATE: 08/31/00 BERNA ARCHITECTS AND DESIGN Pete Franko 160 NORTH STREET EXTERIOR FArADE IMPROVEMENT 160 SYMMPHONY WAY EXTERIOR FA DE PROGRAM ESTIMATE PROJECT COST ESTIMATE �. . ° ^� . ""`�`.-��IESCI�I�T�N•. =��;��: �.-:CYUAt�I::=� =`:PF21GE1113NIT. <. •., -:PRICE .. DMSION 2-SITEWORK SITE IMPROVEMENTS SITE ELECTRICAL PARKING LOT LIGHTING 0 EA. $4,000.00 EA. $0.00 DOUBLE LUMEN,250W,M.H.,30'H. SIDEWALK LIGHTING 3 EA. $500.00 EA. $1,500.00 LOW INTENSITY,LOW LEVEL DIVISION 3-CONCRETE CONCRETE CONCRETE COLUMN FOOTINGS ASSEMBLE 16 EA. $125.00 EA. $2,000.00 3'X3'X1'FOOTING REAR CONCRETE FOOTINGS @REAR 100 L.F. $70.00 L.F. $7,000.00 ASSEMBLED COST 5"CONCRETE SLAB-S.O.G. 170 S.F. 1 $4.50 S.F. $765.00 (w/6X6 WWF REINFORCING DIVISION 4-MASONRY C.M.U.WALLS 12"BRICK WALL REPAIR AND TUCK PT. 3,000 S.F. $8.75 S.F. $26,250.00 CLEANING AND LOW POWER WASHING 7,000 S.F. $2.75 S.F. $19,250.00 DIVISION 5-METALS STRUCTURAL STEEL STEEL LINTELS&SUPPORT ANGLES STEEL LINTELS SINGLE @ 6-0'OPENING 3 EA. $35.00 EA. $105.00 STEEL LINTELS(DOUBLE 9'-0"OPENING 2 EA. $50.00 EA. $100.00 RAILING AT BALCONIES&PLATFORMS 10 L.F. $200.00 L.F. $2,000.00 DIVISION 6-WOOD&PLASTIC ROUGH CARPENTRY TEMPORARY PROTECTION 2,000 ADD $1.00 ADD $2,000.00 MISC.WOOD BLOCKING&FRONT DOOR 2,000 ADD $1.00 ADD $2,000.00 FIXED WOOD STAIR&LANDING ALL 3 FLOORS 1 EA. $8,000.00 EA. $8,000.00 DIVISION 7-THERMAL&MOISTURE PROTECTION WATER PROOFING CAULK AND SEALANTS INTERIOR CAULK 1,000 ADD $1.00 ADD $1,000.00 EXTERIOR CAULK 2,000 ADD $1.00 ADD $2,000.00 ROOFING BUILT UP ROOF SYSTEM 700 S.F. $10.00 S.F. $7,000.00 MECH.FASTENED w/FLASHING& ACCESSORIES EDGE OF ROOF ONLY ROOF EDGING ASSEMBLED COS 120 L.F. $14.00 L.F. $1,680.00 INCLUDES COPING,ALUMINUM ROOF EDGE4'HIGH Page 1 DIVISION 8-DOORS&WINDOWS EXTERIOR DOORS ASSEMBLED COSTS DOORS,FRAME AND HARDWARE INSTALLED -SINGLE 5 EA. $1,200.00 EA. $6,000.00 -FRONT DOOR/LIGHT 1 EA. $2,400.00 EA. $2,400.00 EXTERIOR GLAZING WINDOWS AT EXTERIOR 1,000 S.F. $40.00 S.F. $40,000.00 BAY WINDOW AT EXTERIOR 200 S.F. $45.00 S.F. $9,000.00 ROUND TOP WINDOWS 60 S.F. $65.00 S.F. $3,900.00 DIVISION 9-FINISHES PAINTING GYP.BOARD WALLS w/wienscoat 300 S.F. $0.80 S.F. $240.00 EXPOSED STRUCTURE 200 S.F. $1.30 S.F. $260.00 DOORS AND FRAMES 6 EA. $35.00 EA. $210.00 DIVISION 10-SPECIALITIES EXTERIOR SIGNAGE 3,000 EA. $1.00 EA. $3,000.00 FRONT DOOR RAILINGS 2 EA. $175.00 EA $350.00 DIVISION 11 -EQUIPMENT DIVISION 12-FURNISHINGS DIVISION 13-SPECIAL CONSTRUCTION DIVISION 14-CONVEYING SYSTEMS CONVEYING SYSTEMS CHAIR LIFT 3 STOPS N.I.C. 0 EA. $0.00 EA. $0.00 DEMO.DOOR OPENING 20 M.H. $70.00 M.H. $1,400.00 ELEC. 600 S.F. $12.00 S.F. $7,200.00 SUB-TOTAL 3158-816.00' GENERAL CONDITIONS CONTINGENCY 0.1 $15,661.00 TOTAL PROiECfiCOST= $Yrsz .00` TOTAL =37ist:oo City Fa4ade Program 35%_ $60,294.85 Page 2 'I t [{ Mom"" low • x FIND Ry{ yY P Not - 160, "ot q �� rt y, 14