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03-316 Resolution No. 03-316 RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT WITH JOSEPH J. LAURIE (117-125% S . Grove 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 facade improvement program agreement on behalf of the City of Elgin with Joseph J. Laurie for the property commonly known as 117, 119, 121, 123 , 123%, 125 and 125% S . Grove Avenue, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: November 19, 2003 Adopted: November 19, 2003 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN 7ADE IMPROVEMENT PROGRAM AGREEMENT 117 to 1251/ South Grove Avenue tri15 AGREEMENT is made and entered into this L?TI.A day of NOVEm 6E12 , 2003, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") , and Joseph J. Laurie, 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 the facade improvements for the structure referred to at Section 16 herein shall be $3, 800 .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 $1,330.00, 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 Joseph J. Laurie, 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 1 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 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 2 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. The provisions of this section shall survive any termination and/or expiration of this agreement . 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 3 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: Joseph J. Laurie Address : 1931 Southmeadow Lane City: Lake Forest, IL 60045 Telephone Number: (847) 482-9257 Property Location: 117, 119, 121, 123, 123M, 125, 125M South Grove Ave Ownership Interest : property owner Contact Person: Joseph J. Laurie 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' y: -� David Dorgan Jo eph Laurie City Manager Proper Owner ATTEST: Dolonna Mecum, City Clerk 4 t y Elgin n Agenda Item No. City of E l ` _ ��IY•� 4 1 10 fill October 31, 2003 z TO: Mayor and Members of the City Council ALIVE DOWNTOWN FROM: David Dorgan, City Manager `�' Sarosh Saher, Urban Design Preservation Specialist SUBJECT: Facade Project for 117-125 S. Grove Avenue 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 117-125' S. Grove Avenue. BACKGROUND The property at 117-125' S . Grove Avenue is located in downtown Elgin and is of a more recent vintage than the majority of downtown buildings . The owner, Mr. Joseph Laurie, who recently purchased the property, proposes to clean and tuckpoint the exterior masonry of the building. Since no design changes are proposed, there is no need for architectural services at this time. The applicant has provided three estimates for the work. They are as follows : Singles Roofing Co, Inc. $4 , 200 . 00 Prestia Tuckpointing $3, 950 . 00 Galewood Roofing and Tuckpointing Co. $3, 800 . 00 The estimated project cost for the proposed work will be based on the lowest submitted bid at $3, 800 . 00 . The City' s participation at 35 percent would amount to $1, 330 . 00 . COMI-lUNITY GROUPS/INTERESTED PERSONS CONTACTED Downtown Neighborhood Association, DNA Facade - 117-125'-� S. Grove Avenue October 31, 2003 Page 2 FINANCIAL IMPACT Currently a balance of $778 . 00 remains in the Downtown/Center City Fund, account number 350-0000-795 . 78-99 . The termination of the fagade agreement between the City of Elgin and David Vargas, property owner at 65 South Grove Avenue, (project number 179553) will cover the remaining $552 . 00 necessary to fund the project at the requested $1;330 . 00 . The 2003 budget for this account number is $104, 014 . OA�/7An GA IMPACT agreement between the City of Elgin and property owner at 117-125' S. Grove Avenue will be required. ALTERNATIVES 1 . Approve the Facade Improvement project proposed for 117- 125'-1 S . Grove Avenue to be funded in an amount of $1, 330 . 00 . 2 . Reject the Facade Improvement project proposed for 117-125 S. Grove Avenue. RECOMMENDATION It is recommended that the City Council approve the Facade Improvement project proposed for 117-125' S. Grove Avenue to be funded in an amount of $1, 330 . 00 . Respectfully Submitted for Council consideration. SBS/sr Attachments SINGLE PLY TUCKPOINTING HOTASPHALT GALEWOOD SANDBLASTING TAR&GRAVEL HYDRO CLEANING TEAR-OFF MASONRYREPAIRS RE-ROOFING r] WATERPROOFING MAINTENANCE zmrw CAULKING 2641-45 Davisson St. • River Grove, Illinois 60171 708-452-7900 Phone • 708-452-8098 Fax Mr. Joseph J. Laurie August 27, 2003 Laurie Property 1931 Southmeadow Lake 847-482-9257 Phone Lake Forest, IL 60045 Job Address: 117-125 1/2 S. Grove • Elgin, Illinois ............................................................................................................................. IN REFERENCE TO: WEST FACE BRICK AND LIMESTONE ELEVATION OF ONE (1) STORY BUILDING WE PROPOSE TO PERFORM THE FOLLOWING WORK: 1. CLEAN THE AFOREMENTIONED 100 9%, USING DIEDRICH 101 CHEMICAL AND OOR HIGH PRESSURE WATER SYSTEM. PRESSURE NOT TO EXCEED 3,500 POUNDS, PSI. NOTE: 1. DUE TO THE USAGE OF CHEMICALS, CONTRACTOR SHALL NOT BE LIABLE FOR DAMAGE TO WINDOWS, METAL, LANDSCAPING, ETC. HOWEVER, ALL NECESSARY PRECAUTIONS WILL BE TAKEN. IN REFERENCE TO: LIMESTONE PANELS ON WEST ELEVATION 1. GRIND OUT EXISTING MORTAR JOINTS 100%, DOWN TO A DEPTH OF APPROXIMATELY ONE HALF (112) INCH AND CLEAN PRIOR TO TUCKPOINTING. 2. TUCKPOINT ALL VERTICAL AND HORIZONTAL MORTAR JOINTS 100% FULL, FLUSH AND SOLID. 3. IN PREPARATION FOR RE-SURFACING, LIMESTONE SPALLINGS WILL BE COMPLETELY CUT OUT AND CLEANED DOWN TO A SOLID FOUNDATION. 4. RE-SURFACE LIMESTONE SPALLINGS, APPLYING ONE (1) PART MASONRY CEMENT, ONE (1) PART PORTLAND CEMENT, FOUR (4) PARTS SAND AND ACRYLIC SIXTY (60) BONDING MATERIAL. 5. CAULK LIMESTONE COPING MORTAR JOINTS 100%, APPLYING VULKEM #116, ONE (1) PART POLYURETHANE RUBBER SEALANT, GRAY. IN REFERENCE TO: FACE BRICK ON WEST ELEVATION 1. GRIND OUT DEFECTIVE MORTAR JOINTS, WHERE NECESSARY. 2. TUCKPOINT VERTICAL AND HORIZONTAL MORTAR JOINTS, DEEP PERFORATED HOLES AND WASHOUTS, WHERE NECESSARY. • MORTAR COMPOSITION - ONE (1) PART TYPE N MASONRY CEMENT, ONE (1) PART TYPE I PORTLAND CEMENT AND FOUR (4) PARTS FINE SIFTED BANK SAND. • ALL DEBRIS SHALL BE REMOVED FROM JOB SITE AND LEFT IN A CLEAN BROOM SWEPT CONDITION. • TERMS: PAYABLE IN FULL WITHIN TEN (10) DAYS OF INVOICE. A 2% PER MONTH SERVICE CHARGE WILL BE ADDED TO PAST DUE ACCOUNTS. • YOUR ASSURANCE OF QUALITY IS OUR ESTABLISHED REPUTATION. WE LOOK FORWARD TO BEING OF SERVICE TO YOU. ...............................................................................................................0090*009900too* The prices quoted are with the understanding that we are to furnish all labor, material and equipment necessary. We carry full insurance including workman's compensation & public liability. Your acceptance of this proposal will constitute a contract between us. Accepted by: _ Date: Amount: $ 3,800.00 By: 944— Deposit: $ 0.00 •••N••'• Galewood Rooting and Tuckpointing Co., Inc. - State of Illinois License # 104-000946 •N•NNNNN•NNN••NNN !;,C- LTD F�� NG, . 847951-4715E Sep, 03 2003 02:13P`1 Pi PRF.STIA ;U'CKPOINIING August 21,2(X)3 2091 Tunbridge rr. Algonquin. IL, 60102 Phone/fay, (847) R54-7156 Ile: 117 thru 125 South Grove St. Elgin,IL Joe Lawie N 708 705-8644 F# 847 482-9259 Will provide all W10r, material.equipment mid insane needed for the iffi9al2ation and delivery of the s-ope of work at: 117 thin 125 South Grave St.,in Elgin IL as outlined below. Grind out and tuckpoint the limestone on the binding Patch the existing limestone with"Dogans Limestone Patch, All repaired areas uiu be Power washed,to remove all the dust and debris imm the limestone Total:Three Thousand Nine Hundred Fifty Dollars(53,950.00) Terms: Payment due upon oompletion Client accepted by; Dated: Pete Prestis,Owner Dated: Paste Fax Kota, 7671 owe t2 " es' •a� CO- t k \` ax 47 - ex r S A►l tK. (M7)695-0250 • FAX(847 695-2202 17807 S EZ41 REFERENCES ROOFING GO. INC. Elgin Mental Health Center Hoffer Plastics • 345 WILLARD AVENUE Elgin Sanitary District Seigle Home&Building Center P.O. BOX 31 City of East Dundee City of Elgin Since�1958 461/0114 ELGIN, ILLINOIS 60121-0031 Elgin Community College Ron Heider Properties CONTRACT Buyer Date of Contract Proposal: 8/ 19/03 Mr. Joe Laurie Job Location: 117 - 125-12 So. Grove 1931 So. Meadow Lane Elgin , I1 . 60120 Lake Forest , I1 . 60045 Phone: Buyer is: _Owner _Agent —General Contractor Individual _ Partnership _Corporation Job Location Property owned by: Other Address Singles Roofing Co., Inc. ("SINGLES") will furnish all labor, material and equipment needed to do the following work at the Job Location subject to the terms.and conditions which are set forth herein and on the other side hereof and which are incorporated into and made a part hereof: Singles proposes to do the following masonry work : 1 . Clean top lime stone panels and cornice stone 100% with detergent and high pressure water . 2 . Clean all roman brick (same ) . 3. Remove broken lime stone fascade pieces from the exterior parapet wall panels (marked by ✓) , patch pieces as required. 4. Grind out vertical and horizontal joints on the lime stone panels tuckpoint 100% flush and solid , top coping stone grind , tuckpoint and install a one part polyurethane caulk between head joints . 5. Brick joints look ok for now, will recheck after cleaning . Check as Applicable: _Roofing _ Sheetmetal X Tuckpointing —Other ?SIDE ARE INCORPORATED INTO AND ARE A PART OF THIS CONTRACT." 345 S. Box AVENUE $4 , 200 . 00 P.O.O.Box 31 ELGIN,IL 60121-31 WS ROOFING C0.,11y V A-LL,i�y Since 1958 fi i SINGLES and Buyer only if it is accepted in writing by Buyer and returned Irv. Durchsla (847)695-0250 a of Contract Proposal. g FAX(847)695-2202 Date of Acceptance �" ------- - - --_ - Buyer by by Duly Authorized.Agent _Contracting Party _Duly Authorized Agent LICENSE 104-000013 3101/5M OFFICE COPY