03-289 Resolution No. 03-289
RESOLUTION
AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT
WITH MIGUEL BAEZA
(7 N. State Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that David M. Dorgan, 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 Miguel Baeza for the property commonly known as 7 N. State
Street, a copy of which is attached hereto and made a part hereof
by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: October 22 , 2003
Adopted: October 22 , 2003
Omnibus Vote : Yeas : 6 Nays : 0
Recorded: October 23 , 2003
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
Z
CITY OF ELGIN
FACADE IMPROVEMENT PROGRAM AGREEMENT
7 N. STATE STREET
THIS AGREEMENT is made and entered into this A,2 day of
�c.io Q e e , 2003, by and between the City of Elgin, Illinois, a
municipal corporation (hereinafter referred to as "City") , and Jose
-Dominguez, 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
Area, 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 building(s) located within
Rehabilitation Area, 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 $44, 875. 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
$22,437.00, being 500 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 Jose Dominguez, 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
1
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" ) .
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 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. Additionally, Owner shall refund to City, all money paid to Owner
by City pursuant to this agreement upon thirty (30) days written
2
t
demand. This provision shall not constitute a restriction on City to
pursue any and all other rights to which it may be entitled by law.
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. Notwithstanding the aforementioned five (5) year
period, the provisions of Sections 7 and 12 herein shall survive the
termination of this agreement .
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 . In the
event the indemnification provisions of this Agreement are invoked so
as to require legal defense of City, counsel for such defense shall be
of City' s choosing.
3
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
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: T B ngttemz lllS
Address : 7 N. State Street
City: Elgin, IL 60123
Telephone Number:
Property Location: 7 N State Street
Ownership Interest : property owner ,,�J /�j}}E'�
Contact Person: z, property owner '5°
Donato Frozolone, contractor (630) 766-9136 .
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date first appearing above.
As to CITY OF ELGIN As to OWNER:
By. By:
David Dorg n J Dominguez !;'se. j aezc�
City Manager Property Owner
ATTEST:
Dolonna Mecum, C ty Clerk
4
Attachment A
Property Total project cost City
allocation
Contractor 1 Contractor 2
(D. Fraz) (Master Gen)
7 N. State Street $44 , 875 . 00 $64 , 000 . 00 $22,437 . 50
Jose Dominguez
9 N State Street $44, 875 . 00 $64, 000 . 00 $22 ,437 . 50
Adolfo Bello
Totals $89, 750 . 00 $128 , 000 . 00 $44, 875 . 00
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MIGUEL M. BAEZA 2-453/710
LUZ BAEZA 12o1094629
R 5534 SOUTH KOLMAR
Q CHICAGO, IL 60629 DATE /
VC
Y PAY TO [r��
THE ORDER OF
Archer Bank
` Chicago,Illinois p�� Ar
MEMO
1:07 L00453011: II' L 20 L0946 91l'�0334 ry'�
Agenda Item No.
- f City of Elgin
August 7, 2003
TO: Mayor and Members of the City Council ALIVE DOWNTOWN
FROM: David Dorgan, City Manager g Y 9
Sarosh Saher, Urban Design Preservation Specialist
SUBJECT: Facade Projects for 7 and 9 N. State Street
Owned by Adolfo Bello and Jose Dominguez
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider Facade
Improvement projects for the properties located at 7 and 9 N.
State Street .
BACKGROUND
The building containing the properties at 7 and 9 N. State
Street is located in the State Street corridor between Chicago
Street and Highland Avenue and was built at the turn of the last
century. The building consists of two fee simple properties and
is therefore being considered as two separate projects. The
property owners, Mr. Adolfo Bello and Mr. Jose Dominguez,
propose to rehabilitate the existing facades of the buildings,
addressing such items as restoring the storefronts to their
original configuration, masonry cleaning, tuckpointing, window
and door replacement, exterior lighting, and canopy treatments.
Work is only proposed to be carried out to the front elevation
of the property. Their participation in the program has been
largely inspired and encouraged by the fagade projects at 11 and
15 N. State Street recently completed by Victor Gonzalez.
Staff had been working with the property owners in facilitating
the development of the drawings and specifications for the
project which had enabled the property owners to bid out the
work. Therefore, it was determined that no architect was
necessary for the project . The exclusion of this step in the
Facade - 7 and 9 N. State Street
August 8, 2003
Page 2
process will not only expedite the process, but also save the
program funds to be potentially allocated to another project .
The estimated project costs and City' s recommended participation
in the program are as follows :
Property Total project cost City
allocation
Contractor 1 Contractor 2
(D. Fraz) (Master Gen)
7 N. State Street $44, 875 . 00 $64, 000 . 00 $22, 437 . 50
Jose Dominguez
9 N State Street $44, 875 . 00 $64, 000 . 00 $22 , 437 .50
Adolfo Bello
Totals $89, 750 . 00 1 $128, 000 . 00 $44 , 875 . 00
Currently funds from the State and National Street Facade
program will not be able to cover the entire allocation being
requested by the property owners . However, there are funds
available in the Center City Facade Improvement Program. The
City does not anticipate any more requests for funding under the
Center City program for this year, and therefore recommends that
remaining funds be used towards projects in the State and
National Facade program.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
�FINANCIAL IMPACT
The total budget in the State & National Street Facade
Improvement Program funded under account number 275-0000-791 . 78-
99, Riverboat Rehabilitation Grant was originally $50, 000 .
Currently a balance of $22 , 201 remains in the account . The total
amount that is being requested to be allocated to the project at
7 and 9 N. State Street amounts to $44, 875 . 00 . A budget
transfer in the amount of $22, 674 . 00 would be required from
Account Number 350-0000-795 . 78-99 (Downtown Redevelopment Fund)
which has a current balance of $34, 335 . 72 to fund this project .
F
Facade - 7 and 9 N. State Street
August 8, 2003
Page 3
LEGAL IMPACT
An agreement between the City of Elgin and property owners at 7
and 9 N. State Street will be required.
ALTERNATIVES
1 . Approve a budget transfer in the amount of $22, 674 .00 from
the Center City program to the State & National Street
Facade Improvement Program to fund the Facade Improvement
project proposed for 7 and 9 N. State Street in an amount
of $44, 875 . 00 .
2 . Reject the Facade Improvement project proposed for 7 and 9
N. State Street.
RECOMMENDATION
It is recommended that the City Council approve a budget
transfer in the amount of $22 , 674 . 00 from the Center City
program to the State & National Street Facade Improvement
Program to fund the Facade Improvement project proposed for 7
and 9 N. State Street in an amount of $44, 875 . 00 .
Respectfully Submitted for Council consideration.
SBS/sr
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N6(NERALS ER Master Generals, Inc. Page No.
COMMERCIAL.INDUSTRIAL Proposal No.
GENERAL CONTRACTORS
DEVELOPERS
Sheet No.
7N899 WEST DRIVE 708-697-8402
SOUTH ELGIN,IL 60177 BONDED&INSURED FAX 708-697-8445 Date
Proposal Submitted To Work To Be Performed At
Name Adolfo Belle r Street 9 N rtMe Street
Street City State
City Date of Plans
State Elgin
Architect
Telephone Numb
We will furnish all the required materials,which we guarantee will be as specified,and we will perform all the labor required for the
completion of
------------- -._.......... - -- - ------------The front facade of building 9 N. State Street,Elgin. Remove old and install new store
front: IZeiriove-windows on Z°�-floor Tristan new Windows-ri 2 floor-to fifbrick operun`g:- - -
----------------Clean-brick-and tuckpoint-front-New-brick-store--front.-3 lights in
the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a
workmanlike manner for the sum of
Sixty-four thousand dollars Dollars ($
with payments to be made as follows: 64,000.00 )
---_.....-------------------------..-----------------...$1 QQQ.-00-down and balance as_work progresses,---- --
---------- ---------------
-—---- —---- -
Changes in the above specifications may be made only upon written agreement,and extra charges will be made.All agreements are
contingent upon strikes, accidents or delays beyond our control. You are to carry fire, tornado and other necessary insurance upon
above work. Our workers are fully covered by Workmen's Compensation and Public Liability Insurance. This proposal may be
withdrawn by us at any time before acceptance.
Respectfu bmitted
Per_
C�CC!IJt2111C1`
The above prices,specifications and conditions are accepted. Payments will be made as set forth above.
4ccepted
Signature
Date Signature _
PA-366
& � �
,630 J6�97.x'6
Adolfo Bello Jr.
9 N. State Street
Elgin, IL. 60120
847-888-0161
Work to be performed at;
9 N. State Street
Elgin, IL. 60120
We will furnish all the required materials, which we guarantee will be as specified, and we will
perform all the labor required for the completion of the front facade of building 9 N. State Street
Elgin. Clean brick and tuckpoint. Install new windows on 2' floor. New store front first level.
3 light fixtures in front of building. Permit fees by owner.
The above work to be performed in accordance with the drawings and specifications submitted
for above work and completed in a workmanlike manner for the sum of Forty-four thousand
eight hundred seventy-five ($44,875.00)with payments to be ?made as follows.-
$12,600.00 down and balance as work progresses.
Changes in the above specifications may be made only upon written agreement, and extra
charges will be made. All agreements are contingent upon strikes, accidents or crlays beyond
our control. You are to carry fire, tornado and other necessary insurance on above work_ Our
workers are fully covered by Workmen's Compensation and Public Liability Insurance. This
proposal may be withdrawn by us at any time before acceptance.
Respectful bmitted 2�. um
Per
Acceptance
The above prices, specifications and conditions are accepted. Payments will be made as set forth
above.
Accepted Signed
Date— Signed
a
Pravogat
�6CNERALS ER
Master Generals, Inc. Page No.
COMMERCIAL,INDUSTRIAL
GENERAL CONTRACTORS Proposal No.
DEVELOPERS
7N899 WEST DRIVE 708-697-8402 Sheet No.
SOUTH ELGIN,IL 60177 FAX 708-697-8445
BONDED&INSURED Date
Proposal Submitted To Work To Be Performed At
Name Jose Dominguez Street. 7N c+.,
Street -- fP �treef
City
Agin State n
State Date of Plans
Telephone Number Architect
We will furnish all the required materials, which we guarantee will be as specified,and we will perform all the labor required for the
completion of
Tiie f d1—i facade of buirdirig 7NN_"State Street,-Elgin. remove old aniflnstalI new store
----------front.•�IR rnow.-wtndows--orr-2°0--floor -Install-new-windows on 2 floor-to--fit--b rick--opening------------
---- _Clean_.b"ck_and..Luckpoint.fr ont._New._brick_store-fronL..3_lights in_front-,Ofbuilding-..---.--.--,--
- __. ------------ -
e above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a
workmanlike manner for the sum of
with payments to be made as follows: Sixty-four thousand dollars Dollars ($
-------------------------------- -------- 64 000.00
Ib,(f00:00-down and balance as work progresses.- --....
Changes in the above specifications may be made only upon written agreement,and extra charges will be ---made.All agreements are
contingent upon strikes, accidents or delays beyond our control. You are to carry fire,tornado and other necessary insurance upon
above work. Our workers are fully covered by Workmen's Compensation and Public Liability Insurance. This proposal may be
withdrawn by us at any time before acceptance.
Respectfully submi ed
Per_
C�rrrfttzt>ttrr
The above prices,specifications and conditions are accepted.Payments will be made as set forth above.
xepted
Signature
Date
Signature
PA-366
��z c� ��ocrates
f630foJ�6�9?.p3'6 (�
Jose Dominguez
7 N. State Street
Elgin, IL. 60120
847-742-6880
Work to be performed at;
7 N. State Street
Elgin, IL. 60120
We will furnish all the required materials, which we guarantee will be as specified, and we will
perform all the labor required for the completion of the front facade of building 7 N. State Street
Elgin. Clean brick and tuckpoint. Install new windows on 2nd floor. New store front first level.
3 light fixtures in front of building. Permit fees by owner.
The above work to be performed in accordance with the drawings and specifications submitted
for above work and completed in a workmanlike manner for the sum of Forty-four thousand
eight hundred seventy-five ($44,875.00) with payments to be made as follows:
$12,600.00 down and balance as work progresses.
Changes in the above specifications may be made only upon written agreement, and extra
charges will be made. All agreements are contingent upon strikes, accidents or de ays beyond
our control. You are to carry fire, tornado and other necessary insurance on above Iwork. Our
workers are fully covered by Workmen's Compensation and Public Liability Insurance. This
proposal may be withdrawn by us at any time before acceptance.
Respectful miffed •
Per -
Acceptance
The above prices, specifications and conditions are accepted. Payments will be made as set forth
above.
Accepted Signed
Date
Signed