02-229 •
Resolution No. 02-229
RESOLUTION
AUTHORIZING EXECUTION OF AN E-ELGIN INCENTIVE AGREEMENT
WITH DAVID A. NOYES & COMPANY
(6 Douglas Avenue)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Olufemi Folarin, Interim City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed to
execute an e-Elgin Incentive Agreement on behalf of the City of
Elgin with David A. Noyes & Company for the property located at
6 Douglas Avenue, a copy of which is attached hereto and made a
part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: June 26, 2002
Adopted: June 26, 2002
Omnibus Vote : Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
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CITY OF ELGIN
e-Elgin Incentive Agreement
THIS AGREEMENT is made and entered into this ((T 4 day of
, 2002 , by and between the City of Elgin, Illinois, a
municipal corporation (hereinafter referred to as "City") , and
David A. Noyes & Company, an Illinois Corporation, (hereinafter
referred to as "Tenant" ) .
WHEREAS, City has established an e-elgin Incentive Program
(hereinafter referred to as "Program" ) for application within a
certain area of the corporate limits of the City designated by City
as appropriate for such application (hereinafter referred to as
"Target Area" ) : and
WHEREAS, Program is administered and funded by the City for
purposes of promoting opportunities to further both economic growth
and community development by taking advantage of the shift in the
national economy toward e-commerce, the Internet and advances in
telecommunication areas; and
WHEREAS, pursuant to the Program, City has developed a program
to offer assistance to property and business owner/tenant for
expenses related to technology infrastructure improvements, moving
expenses, advertising costs and infrastructure capital costs, a
maximum of $5, 000 for installation fees, and $2, 500 for advertising
expenses, pursuant to the criteria of the Program and as set forth
herein; and
WHEREAS, Owner owns at least 50% of the building, or is the
tenant of a business related building (s) located within the project
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 Tenant the sum of $1, 373 . 50 for
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 David
A. Noyes & Company, who shall provide the City with a full release
upon receipt .
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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 Improvements
hereby provided for (hereinafter referred to as the "Work" ) , as
designated from the proposal and price quotation approved by the
City on May 8, 2002 , pursuant to the provisions of Section 3
herein, as identified in Exhibit A, attached hereto and made part
hereof this Agreement .
Section 3 . No Work shall be undertaken or shall be considered
to constitute the basis for an Eligible Cost until the Proposal for
such Work has been submitted to and approved in writing by the
Project Review Team, consisting of the City' s Director of Economic
Development and Business Services and the Technology Action Team,
consisting of the following Member Organizations : Ameritech; Boys
& Girls Club; Citizen Volunteers; City of Elgin; Community Crisis
Center; Downtown Neighborhood Association; Elgin Area Chamber of
Commerce; Elgin Community College; Elgin Recreation Center; Gail
Borden Library; Judson College; Local businesses; NICOR; School
District U-46; Sherman Hospital; State of Illinois; State Senator
Rauschenberger' s office; and United Way. Such proposals shall
include, but not be limited to, a date certain by which the Work
shall be completed. All work shall be completed within 180 days
from the date of the Agreement, unless Tenant obtains the written
consent of the Project 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 within a time solely determined by the
City 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,
Tenant 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.
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Section 6 . City shall pay Tenant in accordance with Section
1 herein within thirty (30) days of tenant' s compliance with the
provisions of Section 5 herein. In no event shall the amount paid
Tenant exceed the amount specified in this Agreement nor shall the
City pay the Tenant an amount greater than the cost specified in an
invoice submitted by a contractor for any approved work set forth
in Exhibit A.
Section 7 . In the event Tenant 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 Tenant, 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 the term of
the Tenant' s occupancy of the property thereafter, or for a period
of three (3) years thereafter, whichever is less, Tenant 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 this Project Review Team in its sole
discretion.
Section 9 . Nothing herein is intended to limit, restrict or
prohibit the Tenant from undertaking any other work in or about the
subject property which is unrelated to the improvement provided for
in this Agreement .
Section 10 . This Agreement shall be binding upon City, and
upon Tenant, Tenant' s successors and assigns for a period of five
(5) years from and after the date of completion and approval of the
work. Tenant shall provide subsequent Tenant (s) of Structure with
a copy of this Agreement . This Agreement shall run with the land
underlying Structure .
Section 11 . If Tenant does not own the underlying property
for which work is being done, Tenant warrants and represents to
City that Tenant has a lease at the location for which the work is
proposed for a term of at least three (3) years . Tenant 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. A copy of said
written authorization is attached hereto as Exhibit B.
Section 12 . To the fullest extent permitted by law, the
Tenant 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 Tenant' s officers, employees or agents as a result of or in the
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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 is not intended and 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 . Tenant' s Name : David A. Noyes & Company
Address : 6 Douglas Avenue
City: Elgin State : IL Zip Code : 60120
Telephone Number: (847) 742-7360
Property Location of Structure : 6 Douglas Ave .
Elgin, Illinois .
Ownership Interest : Tenant
Contact Person: Ronald E. Ainsworth
Owner' s Name : Ted A. Meyers, Foote Meyers
Mielke Flowers
Address : 100 E. Chicago St .
City: Elgin State : IL Zip Code: 60120
Telephone Number: (847) 741-7275
Property Location:6 Douglas Av.
Ownership Interest : Trustee
Owner' s Name :
Address :
City: State : Zip Code :
Telephone Number:
Property Location:
Ownership Interest :
Owner' s Name :
Address :
City: State : Zip Code :
Telephone Number:
Property Location:
Ownership Interest :
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Section 17 . The City of Elgin e-Elgin Incentive Guidelines
dated March 27, 2000, as such guidelines may be amended from time
to time by the City, are hereby incorporated into this Agreement as
if fully set forth herein.
In the event of any conflict between the terms of such e-Elgin
Incentive Guidelines and the terms of this Agreement, the terms of
the e-Elgin Incentive Guidelines shall control .
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date first appearing above .
TENANT CITY OF E --
r By: 6100 -
David A. Noyes & Company Oluf emi Fo ' . 'Interim City
�e / �3,or�� �- Manager
ATTEST:
Dolonna Mecum, City Clerk
5
OFftC/
`A� �1' City of Elgin Agenda Item No.
Hii¢ y p b
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ad*.VII
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May 3, 2002
#3
ECONOMIC GROWTH
TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, Interim City Manager
SUBJECT: e-elgin Incentive Grant Program Application
From David A. Noyes & Company, 6 Douglas Avenue
PURPOSE
The purpose of this memorandum is to provide the Mayor and members
of the City Council with information regarding an application from
David A. Noyes & Company to participate in the e-elgin Incentive
Program.
rft. BACKGROUND
In April of 2000, the Mayor and City Council approved the e-elgin
Incentive Program. Assistance was provided for within the following
areas :
1 . Capital Costs
2 . Line Service Fees
3 . Advertising
Downtown commercial property owners and downtown business owners
can qualify for up to 50% of capital costs not to exceed a total
expenditure of $60, 000 ($30, 000 maximum City contribution) in
funding for technology infrastructure improvements that include
installation of new Category 5 or better wiring, upgrade to
Category 5 or better wiring, backup power generators for technology
equipment, or high-speed Internet access capabilities, including
necessary hardware or other technology infrastructure improvements
approved by the Technology Action Team and City Council . Eligible
expenses do not include computer equipment, but could include
routers for Digital Subscriber Service (DSL) service.
High-tech businesses relocating to downtown Elgin and downtown-
based technology companies that are growing and planning to remain
in downtown Elgin are eligible for a 100% rebate of the service and
installation fees associated with relocation costs for DSL and T-1
service, with a not-to-exceed limit of $5, 000 .
e-elgin Incentive Grant, David A Noyes & Co.
May 3, 2002
Page 2
Downtown commercial property owners and downtown businesses are
eligible for up to $2 , 500 annually in co-op advertising funds when
they promote e-elgin in their ads. This grant will pay for 25% of
advertising placement costs, up to $2 , 500 annually. To qualify,
ads must bear the e-elgin logo and tag line as provided by the
Technology Action Team and ads must appear in newspapers and
magazines of general distribution. Participation in the
advertising assistance shall be reviewed on an annual basis by the
program administrator. David A. Noyes & Company is currently
located at 6 North Douglas Avenue in Elgin. The company is a
financial services firm, functioning as spec brokers, insurance
brokers, and financial planners .
The equipment that is proposed to be installed is Category 5E
wiring, which will constitute an upgrade to the latest standard of
electrical wiring, to be used for data and voice transmission. The
upgrade is necessary in order for the company' s business services
to be maintained. Specifically, David A. Noyes & Company plans to
expand their Elgin office by installing additional phone lines and
r computers, and hiring additional employees . The Cat 5E wiring will
also facilitate communications between the Elgin office and the
firm' s Chicago office .
The application from David A. Noyes & Company includes an initial
cost estimate for the following costs : capital costs totaling
$3, 845 for labor and materials to provide and install a new
communication system consisting of cable, jacks, patch panels, and
coaxial cable for connection to cable television service. Upon
review by the Technology Action Team, it was determined that
coaxial cable for television service is not an eligible cost under
the e-elgin program. David A. Noyes was requested to obtain a
revised quotation excluding the cost of cable . The revised
. quotation totals $2 , 747 and includes the cost for labor and
materials to provide and install a new communication system
consisting of cable, jacks, and patch panels . This capital
improvement is eligible for funding at 50% of total cost under the
e-elgin program, resulting in a grant amount of $1, 373 . 50 if
awarded. The award of a grant to David A. Noyes & Company would be
the fifth grant funded through the e-elgin Incentive Program.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Technology Action Team
. .
4 e-elgin Incentive Grant, David A Noyes & Co.
May 3, 2002
Page 3
CIPLTFINANCIAL IMPACT
he total incentive amount would consist of 50% of the total cost
of $2, 747 . 00, which equals $1, 373 . 50 . Expenses related to the e-
elgin Incentive Program would be funded through account number 276-
0000-791 . 80-27, Economic Development Incentives. Sufficient funds
exist in this account to cover the cost of this grant if it is
awarded. A balance of $31, 680 .49 is available within this account .
LEGAL IMPACT
01)0V/ An e-Elgin Incentive Agreement will need to be prepared.
ALTERNATIVES
1 . Fund the proposed e-elgin Incentive application.
2 . Do not fund the proposed e-elgin Incentive application.
RECOMMENDATION
It is recommended that the Mayor and members of the City Council
approve the application by David a. Noyes & Co. for participation
in the e-elgin Incentive Program in the amount of $1, 373 . 50 .
Respectfully submitted,
C1W4:111411 _gb.... •.-
Olufemi ;la/.
Int_ im C M-nager
RHM:bi
Attachments
emk
Apr-25-02 0 8P
3:5YDavidiA Noyes & Co rttA n841 8114 J1 bU9O Y. Ul 01
• 1
r
,-- i9. Applicant Information _
U�o . 'of s r(o
Name Ro
tj E. �' N t Qoy c-cigrn ncendve rogram
VP/ AP s Application Form
Home Address 3t'}L)A'V // T L- City j.6//f)
State i Zip 6TO/,)-3 Phone Y7 79.2-7--34141
2. Building or establishment for which the rebate is sought
Street address (/' 1.�o Ob`--I AVE-
Applicant is: Owner Tenant if tenant,what is term of lease?�_. ,
3. Proposed use of program
_ New Category 5 or better wiring Upgrade to Category S or better wiring
_ Back up generator _ Iligh-speed Internet access hardcrase
rill* — Moving expenses _ Advertising
— Other technology infrastructure (please specify):
4. Cost Elements
Capital Costs $013(47. (0
I Service Fees $
dvertisiag s___ - TnTAL COST t -7c1.77. 0
Statement of Understanding
10.The applicant (undersigned) agrees to comply with the guidelines and
procedures of the e-elgin Incentives Program and the conceptual design
and outline specifications as agreed to by the applicant and the application
review team.
II.The applicant understands that the applicant must submit detailed cost
documentation and copies of any permits,bids, contracts and invoices and
contractor's final waivers of lien upon completion of the approved
improvements.
Applicant's signature: 44`41 _ - / / Date: ;')/6—/0 2
NOTE: If the applicant is other than the owner, the following line must be completed:
I certify that I, the owner of the property at ¶C0 h . Th&e s ( Trk
do authorize the applicant to apply for a rebate under the e-elgin Incentive Program and to
undertake the approved improvements.
Owner's signature: �— Date: f Sr f c> ��
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:ICtTY S-11
Return completed application form to: Raymond H.Moller
Director of Economic Development and
usiness Services
150 Dexter Court Elgin,IL 60120
FOR OFFICE USE ONLY
ID ate application
eceived:
Application
I.D. # :
' pplication fee paid: Yes No If yes: Check Cash
ebate Approved Date: Rebate Denied Date:
otal estimated project cost $ _ _ . Reason:
-
ercent applied for rebate $
otal amount of rebate $
I rogram Coordinator:_
Ray Moiler Elm 04050201 word doc Paget,:1
G. C. COMMUNICATIONS
6655 North Avondale Avenue
CHICAGO IL 60631
773-467-4167 Fax 240-214-0456
PROPOSAL #04050201
APRIL 5, 2002
TO: Chris Aivaliotis
David A. Noyes &Co.
208 South LaSalle Street
Chicago IL 60604
RE: Elgin wiring
G.C. Communications proposes to furnish and install new communication
wiring in the Elgin branch office, as follows:
System will consist of new Cat 5E jacks located per schedule following.
rib* Each jack will have a separate Cat 5E home run four pair cable that will be
terminated on a Cat 5E patch panel. Jacks will labeled with location number and
color coded and patch panels will be clearly identified with location and color of
each jack.
Patch panels will be mounted on a six foot 19" relay rack secured to the
floor.
All material and workmanship will be fully warranted for one ful year. Each
jack will be fully tested.
SCHEDULE OF LOCATIONS AND QUANTITIES:
LOC 1 Broker office
LOC 2 Broker office
LOC 3 Broker office
LOC 4 Broker office
LOC 5 Broker office
LOC 6 Broker office
LOC 7 Conference room
The above seven locations to have three colored jacks.
Ra� -Erin 04050201 word doc Paget
Page two of proposal#04050201
LOC 8 Receptionist six jacks
LOC 9 Staff position four jacks
The relay rack will be floor mounted perpendicular to wall at existing data
equipment location. The rack will have three (3) twenty four port patch panels,
one for each color. The current data T1 from Ameritech will be relocated to a
spare jack and identified.
G.C. requests access to the property during weekend and evening hours
and proposes to do the majority of work during those hours at no additional
overtime charges and thereby not disturbing brokers and staff at work.
The price for the wiring job as described is Two Thousand Seven Hundred
Forty Seven Dollars ($2,747.00). Terms are fifty percent deposit with approval
and balance upon completion.
Submitted by
G.C. Communications
ACCEPTANCE:
The above proposal is hereby accepted and authorization is given to proceed
with material procurement and installation labor with payments to be made as
scheduled.
Authorizing signature
Title Date