02-265 Resolution No. 02-265
RESOLUTION
AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT
WITH JERRY L. GOLDSTEIN
(107 E. Highland 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 a facade improvement program agreement on behalf of the
City of Elgin with Jerry L. Golstein for the property commonly
known as 107 E. Highland Avenue, a copy of which is attached
hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: July 10, 2002
Adopted: July 10, 2002
Omnibus Vote : Yeas : 6 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
Y
CITY OF ELGIN
FACADE IMPROVEMENT PROGRAM AGREEMENT
107 E. HIGHLAND AVENUE
THIS AGREEMENT is made and entered into this Nd day of
:r-QLV , 2002, by and between the City of Elgin, Illinois, a
municip&l corporation (hereinafter referred to as "City") , and Jerry
L. Goldstein, the property owner, (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 Areas, pursuant to the criteria set forth herein;
and
WHEREAS, Owner owns at least 50% of subject commercial
building (s) , or is the tenant of commercial buildings) located
within one of these Rehabilitation Areas, with owner having
provided the owner's consent and authority 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 . The total approved project costs for facade
improvements for the structure referred to at Section 16 herein
shall be $4, 355 . 00, as set forth in Attachment A attached hereto
(such total approved project costs for facade improvements are
hereinafter referred to as "Eligible Costs" and such structure is
hereinafter referred to as the "Structure") . The City shall pay the
Owner a sum not to exceed $1, 524 .25, being 35% of the total
Eligible Costs, for facade improvements to the structure approved
pursuant to the provisions of this Agreement . The project shall be
confined to approved improvements made to that part of the
Structure visible from any public right-of-way. All parties hereto
agree that all payments from the City provided for herein shall be
made to Jerry L. Goldstein, 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 facade
improvement hereby provided for (hereinafter referred to as the
"Work") , as designated from the specifications approved by the
Project Review Team pursuant to the provisions of Section 3 herein
(hereinafter referred to as "Plans") .
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 Urban Design and
Preservation Specialist and City's Principal Planner, and any other
member designated on the Project Review Team. 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 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 be 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, which
ever is less .
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
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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 .
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.
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L
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 .
Owner's Name : Jerry L. Goldstein
Address : 928 Oakcrest Lane
City: St . Charles, IL 60175
Telephone Number: (847) 888-8500
Property Location: 107 E. Highland Avenue
Ownership Interest : property owner
Contact Person: Jerry L. Goldstein, property owner
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date first appearing above.
As to CITY OF ELGIN As to OWNER:
r
r'
By: �•.�,. By:_
Olufemi Fola ' Jerry L. ldstein
Interim C' t a Prope wner
ATTEST:
Dolonna Mecum, City Clerk
4
h 1I_li'_bh2 13:":'i _jj'Eti34yb1 RICHTER _"WNING CO P:;GE 01
847/683-4900 Richter Arming Co., Inc. Fax 847/683-4901
P.O. Box 832 Hampshire, Il. 60140 147 Mill St.
PROPOSAL
`USTOMER JOB LOCATION
Jame: J R Properties
25 N. Grove, Elgin
Adress: 107 E. Highland
Elgin, I1. 60120
hone: 888-8500
ittn: Jerry Goldstein Date: August 30. 2001
Not so he lone
Provide and install 13 fabric awning recovers for existing rigid frame
awnings.Upper and lower levels of corner building-Choice of acrylic fabric -
$4,355.00.
�dditiooal ork:
d
t It ti 'lit' .� ..L.�_ - $R"f c7Z 00— _
� ... _ •icvi�` W 1
VOTE - All material is quaranteed to be as specified, and the above work to be performed in accordance with the
drawings and specifications submitted for the above work and completed in a workmanlike manner. Price does»
include any city permit fees or charges.
Total Price: Above
Terms: 50% deposit, Balance upon completion.
Respectfully Submitted,
Richter Awning Co_, Inc.
Note:This proposal may be withdrawn if not accepted within 30 days.
ACCEPTANCE OF PROPOSAL
Zoe ai,)ove prices, st.e-if�_-o^•s Pnd conditions are satisfactory and are. here-by accepre.d.Payment will be made ac
outlined above. In the event the terms are not met as described. Richter Awning Co_ has the op-u:on Zo .- mc—i_ ^_:!
hold the furnished goods until balance is paid_A reinstallation fee will be charged_Interest on late payment is 1
1/2%per month.
Today's Date:
Signed:
• Agenda Item No.
City of Elgin
n E �
.
'"' io ;
, 0 l
June 21, 2002
TO: Mayor and Members of the City Council
ALIVE DOWNTOWN
FROM: Olufemi Folarin, Interim City Manager
SUBJECT: Facade Project for 107 E. Highland Avenue
Owned by Jerry L. Goldstein
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 the property located at 107 E. Highland
Avenue.
BACKGROUND
The owner of the property, Jerry L. Goldstein, wishes to
participate in the Facade Improvement Program.
The property at 107 E. Highland Avenue, is located in downtown
Elgin and was built at the turn of the last century. The property
was one of the earliest recipients of Facade Improvement Funds,
having participated in the program in 1991 .
The property owner is currently requesting funding for replacement
of the awnings. This work is eligible for funding since it was not
a part of the project funded in 1991 . The Facade Improvement
Program states that "Each eligible improvement will funded by the
program only once. "
The estimated project cost for the proposed work is $4, 355. 00 . The
City' s participation at 35 percent would amount to $1, 524 .25 .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
The funding for replacing the awnings at 107 E. Highland Avenue
under account number 350-0000-795 . 78-99, Riverboat Rehabilitation
Grant, project number 079819 is $1, 524 .25. The total budget in the
Center City Facade Improvement Program is $130, 500 . 00. To date,
$41, 378 . 00 has been encumbered in this account . There are
sufficient funds in this account to fund the project.
Facade - 107 E. Highland Avenue
June 21, 2002
Page 2
WWIZ-L EGAL IMPACT
n agreement between the City of Elgin and property owner at 107 E.
Highland Avenue will be required.
ALTERNATIVES
1 . Approve the Facade Improvement project proposed for 107 E.
Highland Avenue in an amount of $1, 524 .25.
2 . Reject the Facade Improvement project proposed for 107 E.
Highland Avenue.
RECOMMENDATION
It is recommended that the City Council approve the Facade
Improvement project proposed for 107 E. Highland Avenue in the
amount of $1, 524 .25 .
Respectfully submitted,
O emi F dr�ana n
Interim Cit r
SBS/sm
Attachments
t-)4760349e1 RICHTER AWNING CO PAIGE 01
847/683-4900 Riicliter Awning Co., Inc. Fax 847/683-4901
P.O. Box 832 Hampshire., U. 60140 147 Mill St.
OPOSAL -
C'r1tTnM�R JOB LOCATION
Name: J R Properties
25 N. Grove, Elgin .
Address: 107 E. Highland
Elgin, I1. 60120
Phone: 888-8500
Ann: Jerry Goldstein Date: August 30, 2001
Work to be done:
Provide and install 13 fabric awning recovers for existing rigid frame
awnings.Upper and lower levels of comer building.Choice of acrylic fabric -
$4,355.00.
�ddirionai Work: '
Option # 2. - Take down all 13 awnings, bring back for storage, clean and
_.r; '.1 ter. �_�id!^_g after painting. $1.672.00
NOTE - All material is quaranteed to be as specified, and the above work to be performed in accordance with the
drawings and specifications submitted for the above work and completed in a workmanlike manner.Price does IIQS
include any city permit fees or charges.
Total Price: Above
Terms: 50°x6 deposit, Balance upon completion.
Respectfully Submitted,
Richter Awning Co., Inc.
Note:This proposal may be withdrawn if not accepted within 30 days.
ACCEPTANCE OF PROPOSAL
,rile above pe.ces, st-e=fig`--'ons and cond"+rions are satisfactory and are hereby accepted.Payment will be made ac
outlined above. In the event the terms are not met as described. Richter Awning Co.has the option:o.en a=a
hold the furnished goods until balance is paid.A reinstallation fee will be charged.Interest on late payment is 1
1/2%per month.
Today's Date:
Signed: _
.44
• • Page No. of Pages
NUYEN AWNING COMPANY, INC. _�' - 1 ,, �Z .
RESIDENTIAL AND COMMERCIAL AWNINGS E�
850 RIDGEWAY AVE., SUITE C i :. F.-r'- `�4 •.
AURORA, IL 60506
PH (630) 892-3995 FAX (630) 892-2808
-: _ PHONE DATE
STREET(/- JOB NAME
CRY. 23P cooE ., JOB LOCATION „
. Qj-t)
JCWQFjDNE
ARCHITECT F DATE OF PLANS
We re ubmit specifications and estimates for:
/ f �S�lyh 6L_4_' Jk111k?
o t
+ _ wr �Q
We Pf0 OS@ hereby to furnish material and labor—complete in a rdance with above specifications, for the sum of:
Payment to be made as follows dollars($ ).
(Ifn ti c
e
NI material is guaranteed to be as specified. All work to be compUd in a workmanlike _
manner according to standard practices. Any alteration or deviation from above specifications Authorized
involving extra costs will be executed.only upon written orders, and will become an extra Signature
charge over and above the estimate. AN agreements contingent upon strikes, accidents or
Mays beyond our control.owner to carry fire, tomedo and other necessary insurarwe. Our Note:This proposal may be
rkers are fully ooversd by Worlow s Compensation Inexan e. withdrawn by us'tf not accepted within C . days,
Acceptance of Proposal —,he above prices,specifications
and conditions ale satisfactory and are hereby accepted.You are authorized to do the Signature
work as specified.Payment will be made as outlined above.
Date of Acceptance: Signature