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03-4 Resolution No. 03-4 RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT WITH CRAIG BAKSTAD (213 E. Chicago Street) 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 Craig Bakstad for the property commonly known as 213 E. Chicago Street, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: January 8, 2003 Adopted: January 8, 2003 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN FACADE IMPROVEMENT PROGRAM AGREEMENT 213 E. CHICAGO STREET THIS AGREEMENT is made and entered into this al,2,t- day of �S Aj,) A C- , 200_3, by and between the City of Elgin, Illinois, a municipal corporation rporation (hereinafter referred to as "City") , and Craig Bakstad, 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 building (s) 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 15 herein shall be $110, 123 . 97, 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 $38, 543 . 39, 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 Craig Bakstad, who shall provide the City with a full release upon receipt . Section 2 . Eligible costs shall include labor, material and 1 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 financial or other obligations on the part of City shall cease and 2 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 . This Agreement shall not be construed to create a partnership, joint venture or employment relationship between the parties hereto. Section 13 . 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 . 3 Section 14 . 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 15 . Owner's Name : Craig Bakstad Address : 219 N. Fifth Street City: West Dundee, Illinois 60118 Telephone Number: 847-488-1400 Property Location: 213 East Chicago Street Ownership Interest : property owner Contact Person: Craig Bakstad, 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: By ` By: Olufemi F lari Craig Bakstad Interim C ' M ger Property Owner ATTEST: Dolonna Mecum,' City Clerk 4 City of Elgin Agenda Item No November 15, 2002 ALIVE DOWNTOWN TO: Mayor and Members of the City Council FROM: Olufemi Folarin, Interim City Manager SUBJECT: Facade Project for 213 E. Chicago Street Owned by Craig Bakstad 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 213 E. Chicago Street . E; BACKGROUND The property at 213 E. Chicago Street is located in downtown Elgin and was built at the turn of the last century. The property owner, Mr. Craig Bakstad, proposes 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 also proposed to be carried out to the rear of the property, visible from the public alley, which will include reconstruction of the rear deck and stairs and the attached vehicle shelter. The architect for the project, Mr. Greg Berna of Berna Architects and Design, in contract for the project with the City since June of this year, has provided drawings, specifications and an estimated cost of the project which will enable the property owner to bid out the work. The estimated project cost for the proposed work is $110, 123 . 97 . The City' s participation at 35 percent would amount to $38, 543 .39. Facade - 213 E. Chicago Street November 15, 2002 Page 2 Currently funds from the Center City Facade Improvement Program account from which this project would have been funded are depleted. However, there are funds available in the State and National Street Facade program. The City does not anticipate any more requests for funding under the State and National Street program for this year, and therefore recommends that remaining funds be used towards projects in the City 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 $150, 000 . Currently a balance of $89, 298 remains in the account . The total amount that will be allocated for the project at ,213 E. Chicago Street amounts to $38, 543 .39 . A budget transfer would be required from Riverboat account 275-0000-791 . 78-99 to the Downtown Redevelopment account 350-0000-795. 78-99, project number 079818 to fund this project . LEGAL IMPACT An agreement between the City of Elgin and property owner at 213 E. Chicago Street will be required. ALTERNATIVES 1. Approve the Facade Improvement project proposed for 213 E. Chicago Street to be funded from the State and National Street program account in an amount of $38, 543 . 39. 2 . Reject the Facade Improvement project proposed for 213 E. Chicago Street. Facade - 213 E. Chicago Street November 15, 2002 Page 3 RECOMMENDATION It is recommended that the City Council approve the Facade Improvement project proposed for 213 E. Chicago Street to be funded from the State and National Street program account in the amount of $38, 543 .39. Respectfully submitted, Olufemi Fo arin Inte y Manager SBS/sr Attachments . Nov 07 02 04: 15p Berna [847) 697-0286 p.2 pmw llw DATE: 11107!02 02114 BERNA ARCHITECTS AND DESIGN Craig Bakstad 213 E.Chicago St Bon Fad pr"- 213 E.CMc"D St. REMODEL ESTIMATE PROJECT COST ESTIMATE DIV. DESCRIPTION QUAN I PRICEIUNIT I PRICE DIVISION 2-SITEWORK SITE ELECTRICAL PARKING LOT LIGHTING 2 EA u 000.00 EA. 54,000.00 DOUBLE LUMEN,25OW,M.H.,30'H. FRONT STREET LIGHTING 4 EA :500.00 EA $2,000.00 LOW INTENSITY,LOW LEVEL DMSION 2A-SUBSTRUCTURE BUILDING SUBSTRUCTURE DISPOSAL OFFSITE DUMPSTERS 3 EA $600.00 EA $1,800.00 W GRAVEL FILL S.O.G. 75 S.Y. $420 S.Y_ $315.00 GRANULAR BACKFILL 11 C.Y. $26.00 C.Y. 5275.00 DIVISION 3-CONCRETE CONCRETE CONCRETE COLUMN FOOTINGS(ASSEMBLEC 6 EA. !1..00 EA $1,500.00 3'X3701'FOOTING CONCRETE FOOTINGS AND FOUNDATION W 23 LF. 00 L.F. $2,300.00 ASSEMBLED COST INTERIOR STRIP FOOTING 120 LF. .00 L.F_ 54,200.00 W CONCRETE SLAB-S.O.G. 720 S.F. .50 S.F. $3.240.00 rW 6X6 W WF REINFORCING DIVISION 4-MASONRY -BRO K TIUCK POINTG 900 S.F. $9.50 S_F. 58,550.00 4-MASONRY CLEANING 900 S.F. $6.50 S-F_ $5,850.00 'PRICE OF MATERIAL PLUS.... DIVISION S-METALS STRUCTURAL STEEL STEEL UNTELS OR W12 WI 12-PLATE;PR 18 LF. $30.00 L.F. 3540.00 RAILING ATBALCONIES d PLATFORMS 22 L.F. $75.00 L.F. $1,650.00 DIVISION 6-WOOD&PLASTIC ROUGH CARPENTRY TEMPORARY PROTECTION 1.000 ADD $1.00 $1,000.00 MISC.WOOD BLOCKING 3.000 ADD $1.00 $3,000.00 MM.WOOD STAIR,DECK,ROOF 6,000 ADDI $1.00 tADD 1 $6,000.00 : DIVISION 7-THERMAL 6 MOISTURE PROTECTION WATER PROOFMG BASEMENT WALL WATERPROOFING 110 S.F. $2.50 S.F. $275.00 INSULATION PERIMETER FOUND.WALL INSULATION 44 S.F. $1.30 S.F. $57.20 CAULK AND SEALANTS INTERK)RCAULK IIAW ADD $1.00 ADD $1,000.00 EXTERIOR CAULK 1,000 ADD $1.00 ADD $1,000.00 ROOFING BUILT UP ROOF SYSTEM 850 S.F. $10.00 S.F. 58,5Q0.00 MECK FASTENED 111 FLASHING& ACCESSORIES REPAIR CORNICE 1 EA $2,000.00 EA $2,000.00 ROOF EDGING(ASSEMBLED COS 50 L.F. 530.00 LF. 31,500.00 INCLUDES BLOCKING,ALUMINUM ROOF EDGE4-HIGH Page 1 Nov 07 02 04: 15p Herna (847)697-0286 p.3 DIVISION 8-DOORS&YNNDOVYS EXTERIOR DOORS ASUMBLED COSTS DOORS,FRAME AND HARDWARE INSTALLED -SINGLE 5 EA. $2,000.00 EA. $10,000.00 EXTEROR GLAZWG WINDOWS AT EXTERIOR 125 S.F. $78.00 S.F_ $975000 STOREFRO AT EXTERIOR 175 S.F. ;75.00 .F. t3,123.00 PAWnM GYP.BOARD WALLS 10 S.F. $0.80 S.F. $8.00 CEILING 135 S.F. $1.50 S.F. S20Q.50 DOORS AND FRAMES 5 EA. ;3500 EA. ;175.00 DWISION 10-SPECLALMES MISG WMRIOR SIGNAGE $1.500.00 DEMO. 60 M.H. $70.00 M_H. $4,20000 ELEC. 50 SF. $12.00 S.F. $600.00 SUBTOTAL $100,112.70 GENERAL COMMONS CONTINGENCY 0.1 (10,011.27 TOTAL PROJECT COST $110,123.97 TOTAL $110,123.97 Page 2 REMOVER EXISTING WOOD WINDOWS FRAMES IN 7\NEW ISTING MASONRY ENING AND PROVIDE WIND OWS (TYP.) I i I TRANSOM FRAME li ' NAL OPERABLE ABOVE DOOR OF FRAME (TYP.) ! 2131/2 213 HAIR SAL --� --- -------- ALL WINDOWS FRAMES ARE REMOVE INFILL F TO BE REPLACED (TYP.) REPLACE GLASS ABOVE DOOR OF f NORTH ELEVATION- CHICAGO ST.FRAME (TYP.) ELG'td F4C.ApE'•R`F4��:�Ei.E�i7 F=C c,c=d. ew�ea MM BWU 213 E. CHICAGO STREET DZ (�j :,TYOt �LGIh:� � Al mfy0 M�rMM-� REMOVE AND REPLACE WINDO 'S IN EXISTING MASO RY OPENING El �o ,t i RADE F�ll,I II 11 II I. II II II I. 11 11 -------------BIMNA GIN.:a:..,CE!'.PF.n',;EMEN?Pft�4t yL.`% 213 E. CHICAGO STREET I�MCBRl1i �= CITY OF ELGlh! A2 a&%, o MN� MAF�rMM-�