03-290 G oc,J �
� &J �,,_ Resolution No. 03-290
�-y- RESOLUTION
'71V' �-,CUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT
WITH ADOLFO BELLO
(9 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 Adolfo Bello for the property commonly known as 9 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
r
CITY OF ELGIN
FACADE IMPROVEMENT PROGRAM AGREEMENT
9 N. STATE STREET
THIS AGREEMENT is made and entered into this q,9" day of
O C 0 Q F- r� , 2003, by and between the City of Elgin, Illinois, a
municipal corporation (hereinafter referred to as "City") , and Adolfo
Bello, 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 500 of subject commercial
building (s) , or is the tenant of commercial buildings) 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 Adolfo Bello, 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
r
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 B. 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
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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: Adolfo Bello
Address : 1425 Gilbert Ave
City: Crystal Lake, IL 60014
Telephone Number: (847) 888-0161
Property Location: 9 N State Street
Ownership Interest: property owner
Contact Person: Adolfo Bello, property owner
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:
err`
4
By: + By:
David Dorgan dolfo
City Manager Property Owner
ATTEST:
G'
A-j2,,rAL4
Dolonna Mecu ity Clerk
4
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Attachment A
Property Total project cost City
allocation
Contractor 1 Contractor 2
(D. Fraz) (Master Gen)
FAdolfo. State Street $44, 875 . 00 $64, 000 . 00 $22, 437 .50
e Dominguez
State Street $44 , 875 . 00 $64 , 000 . 00 $22 , 437 . 50
Bello als $89, 750 . 00 $128, 000 . 00 $44 , 875 . 00
5
� z & ���
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 XV111 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 tuekpoint. 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 sw-n 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 delays 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 L-rsurance. This
proposal may be withdrawn by us at any time before acceptance_
Respectful' bmitted
Per
Acceptar<ce
The above prices, specifications and conditions are accepted_ Payments will be made as set forth
above.
Accepted Signed
Bate Signed
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Resolution No. 03-233
RESOLUTION
AUTHORIZING EXECUTION OF A THIRD AMENDED
FACADE IMPROVEMENT PROGRAM AGREEMENT
WITH THE BEN G. CORN TRUST
(53-63 Douglas Avenue)
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
Third Amended Facade Improvement Program Agreement on behalf of the
City of Elgin with the Ben G. Corn Trust for the property commonly
known as 53-63 Douglas Avenue, a copy of which is attached hereto
and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: August 27, 2003
Adopted: August 27, 2003
Omnibus Vote : Yeas : 6 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
THIRD AMENDED
FACADE IMPROVEMENT PROGRAM AGREEMENT
THIS AGREEMENT is made and entered into this day of
2003, by and between the City of Elgin, Illinois, a
muni pal corporation (hereinafter referred to as "City") , and Ben G
Corn Trust, dated May 1, 1995, 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 500 of subject commercial
building(s) , or is the tenant of commercial buildings) 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; and
WHEREAS, the parties hereto have previously entered into a Facade
Improvement Program Agreement, dated May 28, 2002, and a First Amended
Facade Improvement Program Agreement, dated October 30, 2002, and a
Second Amended Facade Improvement Program Agreement, dated January 28,
2003, (hereinafter referred to as the "Subject Facade Improvement
Program Agreement") ; and
WHEREAS, the parties hereto wish to further amend the Subject
Facade Improvement Program Agreement to reflect revised costs and scope
of work.
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 project work and costs thereof for the structure
referred to at Section 16 herein shall be in three phases, as set forth
in Attachment A hereto. Owner shall not be required to utilize the
contractors listed in Attachment A. The City has paid the Owner the
sum of $26, 738 . 95 for facade reimbursement for Phase 1 and $29, 837 . 50
for facade reimbursement for Phase II such amounts being 35% of the
total eligible costs . The City shall pay the Owner the sum of
$15, 774 . 90 for facade reimbursement for Phase III being 35% of the
total eligible costs of $45, 071. 13 for Phase III facade improvements.
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 Owner, 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" ) .
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. All work shall be completed
within a reasonable time as determined by City in City' s sole
discretion. City may provide partial payments upon the completion of
discrete items of work in each phase in City' s sole discretion as
determined by City' s Urban Design & Preservation Specialist upon such
terms as required.
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 .
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 . To the
fullest extent permitted by law, Owner agrees to indemnify, defend and
hold harmless the City, its officers, employees, boards and commissions
3
from and against any and all claims, suits, judgments, 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, Owner' s 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, employment or other agency relationship of
any kind 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: Ben G. Corn Trust, Dated May 1, 1995
Address: 103-N Jan ve j 1-5 �„wvn���� •
City: � '�'
Telephone Number: (847) 888-3414
Property Location: 53-63 Douglas Avenue
Ownership Interest : Property owner
Contact Person(s) : Bruce Corn, Diane Stredde
Section 17 . The parties further recognize and agree that the
subject structure is a prominent structure in the downtown area and
that the subject structure retains many original ornate and intricate
architectural features which require specialized labor and substantial
renovations . The original cost estimate for the restoration of the
fagade of the subject structure was in the amount of $391, 500 . The
parties further recognize that an appropriate restoration of the
subject structure is difficult and burdensome on the Owner
notwithstanding the reimbursement pursuant to the City' s facade
improvement program. In recognition of these unique circumstances and
conditions regarding the subject structure the City has agreed to
provide the additional economic development assistance to the Owner as
set forth in this paragraph to be used by the Owner for costs
associated with the redevelopment of the subject structure referred to
in Section 16 herein. In addition to the fagade improvement program
assistance to be provided by the City to the Owner pursuant to this
Agreement, and in order to further assist the Owner with the
4
redevelopment of Owner' s property at 53-63 Douglas Avenue, the City
agrees to provide the Owner with the development assistance as follows:
(1) In connection with the Owner' s renovation and
build-out of the Quizno' s lease space on the subject
property the City shall pay the Owner a development
incentive in the total amount of $19, 839 . 60 . Such payment
by the City to Owner shall be made upon completion of the
work for the Quizno' s build-out, upon final inspection and
written approval by the Project Review Team and such other
final inspections or approvals as may be required by law,
and upon Owner submitting to the City reasonable proof of
payment of all costs incurred for the Quizno' s build-out and
upon Quizno' s occupying and commencing operations at the
property. The Owner hereby acknowledges that the payment of
such total amount of $19, 839 . 60 has been made by the City to
the Owner.
(2) The City agrees to provide an additional
development incentive to the Owner in the total amount of
$11, 168 . 11 to be utilized by the Owner for eligible costs
for the facade improvement Work at the subject structure
through Phase III of the Fagade Improvement Program Project.
The City shall pay to the Owner the sum provided for in
this paragraph according to the provisions of Section 6 of
this Agreement.
Section 18 . This Agreement shall amend and supersede the
previous Subject Facade Improvement Program Agreement between the
parties hereto in all respects .
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date first appearing above.
As to CITY OF ELGIN: As to OWNER:
Da
David -
M. Dorgan Ben G. Corn Trust,
City Manager Dated May 1, 1995
Trustee/Property Owner
ATTEST:
A&A2,
Dolonna Mecum, City Clerk
F:\Legal Dept\Agreement\FacadeimprovementProgram-53-63 Douglas-Corn 3rd Amendment.doc
5
Attachment A
Work Item Contractor#1 Contractor#2 Contractor#3 Contractor#4
Phase I
amended
Removal of Asset Recovery 12,593.00 American 18,250.
Contracting, Demolition
Exterior LLC Corporation
Aluminum
New window Pella Windows 37,168.71 David Wayne 46,300.00 Woodland 63,804.00 Seigle's 72,12
installation. and doors(does Carpenter Windows and
not include contractors(does doors
installation) not meet material
specification)
76,397.00
Total
City's Participation:
50%as originally agreed upon: $38,198.50
Phase II
ro osed
Cinder block Applewood 4,650.00 Maninger 4,715.00 Walter 18,000.00
removal Construction Grzebieniak,
Building
Maintenance Inc7Inc.
Exterior Seyller's 36,800.00 Applewood 43,090.00 Walter
masonry Tuckpointing and Construction Grzebieniak,
cleaning& Masonry (cleaning) and Building
tuckpointing Maninger Maintenance
tuc ointin
Cornice and Albert J.Wagner 43,800.00
Bay repair &Son, Sheet
metal contractors
total 85,250.00
City's Participation:
Option 1 at 35%: 29,837.50(recommended by staff)
Option 2 at 50%:42,625.00
ATTACHMENT A — Page 1
53-63 Douglas Avenue
Phase'III 2003 —Facade Improvement Project
Work item Contractor#1 Contractor#2 Contractor#3
North elevation Seyller's 10,400.00 Walter Grzebieniak 19,500.00
Masonry cleaning and tuckpointing Tuckpointing and Buyilding
Masonry Maintenance,Inc.
Masonry Change order Seyller's 1,762.29
Tuckpointing and
Masonry
South window replacment Seyller's 645.00
Tuckpointing and
Mason
12,807.29 19,500.00
Total
".:..' 'Iliiii
Entrance framing,and storefront Ian Lamp Standard 14,344.00 Hargrave Builders 15,200.00
rehabilitation Estimate report
Glass for storefront Joe's Quality Glass 10,400.00 Gateway,Inc. 16,150.00
Handicap Access for storefront Tee Jay Svc. Co. 3,655.00 Schindler 4,657.00
Electronics
Exterior li htin Sunshine Li htin 3,145.10 Li ht Options 4,104.04
31,544.10 40,111.04
Total
- 515.44
Temporary work(Boards for Home Depot
storefront
Painting temporary boards Pittsbur h aint 204.30
719.74
Total
Grand Total 45,071.13 59,611.04
City's Participation
35%of total project cost: $15,774.90
ATTACHMENT A_— Page 2
Committee of the Whole
April 23 , 2003
Page 3
Consideration to Approve the Amendments to the 1997, 1999, and
2002 Community Development Block Grant Annual Action Plans
Councilmember Walters made a motion, seconded by Councilmember
Gilliam, to approve the reallocation of the remaining budgeted
funds in the YWCA fire alarm, American Little League, Fair
Housing Advocacy and the Literacy Institute projects to the YWCA
Facility improvement and Residential Rehabilitation program
projects as outlined in the April 18 , 2003 agenda memorandum.
Upon a roll call vote : Yeas : Councilmembers Figueroa, Gilliam,
Rodgers, Sandor, Walters and Mayor Schock. Nays : None .
Consideration to Approve a Fagade Improvement Project for 53-63
Douglas Avenue
Councilmember Sandor made a motion, seconded by Councilmember
Walters, to approve Phase III of the project at 35 percent per
the program guidelines in the amount of $15, 774 . 90 for a total
City participation on the project amounting to $83 , 810 . 90 . Upon
a roll call vote : Yeas : Councilmembers Figueroa, Gilliam,
Rodgers, Sandor, Walters and Mayor Schock. Nays : None .
The Council requested that City Manager Dorgan review the project
and bring back a recommendation regarding the requested
additional 15 percent .
Consideration to Approve the Grant Recipient Eligibility List for
the Large Project Fund of the Neighborhood Improvement Grant
Program
Councilmember Walters made a motion, seconded by Councilmember
Figueroa, to approve the proposed Grant Recipient Eligibility
List . Upon a roll call vote : Yeas : Councilmembers Figueroa,
Gilliam, Rodgers, Sandor, Walters and Mayor Schock. Nays : None .
Consideration of a Purchase of Service Agreement with the
Outdoor Exhibition Group for RibFest
Councilmember Sandor made a motion, seconded by Councilmember
Walters, to enter into a Purchase of Service Agreement providing
financial participation by the City in an amount not to exceed
$3 , 000 of in-kind services . Upon a roll call vote : Yeas :
Councilmembers Figueroa, Gilliam, Rodgers, Sandor, Walters and
Mayor Schock. Nays : None .
Consideration of Parking Restrictions on Crystal Street
Councilmember Figueroa made a motion, seconded by Councilmember
Gilliam, to approve the recommendation of the Neighborhood
Services Committee that the parking restrictions on Crystal
Street, between South Street and West Chicago Street, be changed
to provide for an area of unlimited parking and an area expanding
April 18 , 2003
ECONOMIC GROWTH
TO: Mayor and Members of the City Council
FROM: David Dorgan, City Manager
Sarosh Saher, Urban Design & Preservation Specialist
SUBJECT: 53-63 Douglas Avenue - Facade Improvement Project
Approval of Phase III of the project
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider
approval of Phase III of the facade improvement project at the
above property.
BACKGROUND
In 1999, the architectural firm of Dahlquist and Lutzow was
contacted by the City to draw up the plans for the project . The
architect provided drawings and a probable estimate for the
removal of the non-original aluminum cladding as well as
restoration of the entire west facade . The total cost of the
entire project was estimated at $391 , 500 . 00 . Due to the
magnitude of the project, the property owners proposed to
complete it in phases .
Phase I (April 2002)
In April 2002 , the property owner approached the Elgin City
Council with a request for funds to begin restoration of the
facade . Work included the following:
1 . removal of the non-original aluminum facade
2 . install new windows .
Funding had been provided in the form of a 35 percent facade
improvement grant ($17 , 882 . 55) with an additional 15 percent
economic development incentive ($7 , 663 . 95) contingent upon the
property owner signing a lease agreement with Quiznos . The
Facade Improvement Phase III Funding - 53-63 Douglas
April 18, 2003
Page 2
property owner was informed that the 50 percent funding
assistance, for a total of $25 , 546 . 50, would only be for the
first phase of the project . All future funding to the Corn
Family for the facade would be at 35 percent .
Phase II (August 2002)
In August, 2002 , the City Council approved funding under phase
II to be carried out on the building. The work included the
following:
1 . Removal of the cinderblock from the window openings on
the upper stories of the facade to allow for the
reinstallation of the new windows .
2 . Exterior chemical cleaning and tuckpointing of the
brick and stone masonry on the west facade . This work
is currently being completed on the west facade .
3 . Repair of decorative metal molding on the cornice and
bay windows .
Phase III (Current request)
The property owners are currently requesting approval of work
under Phase III of the project . The work for which funding is
requested is as follows :
1 . North elevation: masonry cleaning and tuckpointing
2 . South elevation: window replacement
3 . Storefront rehabilitation:
a. Complete storefront rehabilitation of the two
northern bays which include entrance to the upper
floors and Quiznos restaurant . Both storefronts were
made handicap accessible .
b. Rebuilding the sign bands above remaining
storefront, and install new exterior lighting on
building.
This phase is also being submitted with a large part of the work
being retroactively requested for funding. The property owners
were aware that a minimum of two bids for all work was required
to be submitted before any determination on the cost could be
made. However, they encountered difficulty in obtaining a second
bid on some items of work. In the meantime, as previously
reported to the City Council , construction crews were set up on
site and work was in progress . In order not to interrupt the
Facade Improvement Phase III Funding - 53-63 Douglas
April 18 , 2003
Page 3
momentum of the project, staff recommended that the ongoing work
be allowed to continue rather than be halted until consideration
by the Elgin City Council . Throughout the process, staff had
been in discussion with the property owner and the architects to
ensure that the ongoing work on the fagade was in keeping with
the guidelines of the program.
The total cost of the current phase as outlined above is
$45, 071 . 13 . The City' s allocation at 35 percent would amount to
$15, 774 . 90 .
The following is the total allocation of funding to date by
phases :
Phase I (complete) $38 , 198 . 50
Phase II (complete) $29, 837 . 50
Phase III (currently requested) $15, 774 . 90
Total $83 , 810 . 90
The total allocations of phase I , II and III (as recommended by
staff) is within the total amount that the City could
potentially participate in this project . The Facade Improvement
Program guidelines allow a maximum participation by the City not
to exceed $150, 000 . 00 per project .
As we previously reported, it is anticipated that the property
owner will continue to request the City' s participation in the
program for future phases of the project . This property owner,
the Corn Land Trust, has also received $8 , 380 . 05 from the
Economic Development Incentive Program.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Downtown Neighborhood Association (DNA) .
FINANCIAL IMPACT
Approval of phase III at 35 percent, per the program guidelines,
would amount to $15, 774 . 90 . The total budget in the Center City
Facade Improvement Program, Account Number 350-0000-795 . 78-99,
project number 079817, is $50 , 000 . There is sufficient funding
available to fund Phase III , since no funding has been
Facade Improvement Phase III Funding - 53-63 Douglas
April 18, 2003
Page 4
encumbered in this account to date .
LEGAL IMPACT
A revised agreement between the property owner, Ben G. Corn
Trust, and the City of Elgin will need to be prepared.
ALTERNATIVES
1 . Approve Phase III of the project at 35 percent per the
program guidelines, in the amount of $15 , 774 . 90 , for a
total City participation to date on the project amounting
to $83 , 810 . 90 .
2 . Reject the request to fund Phase III as recommended by
staff .
RECOMMENDATION
It is recommended that the City Council approve Alternative 1 -
to approve Phase III of the project at 35 percent per the
program guidelines, in the amount of $15, 774 . 90 , for a total
City participation on the project amounting to $83 , 810 . 90 .
Respectfully submitted for Council consideration.
SBS/sr
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