04-165 Resolution No. 04-165
RESOLUTION
AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT
WITH LENG PRATHAMMANON AND CHAUTHANVONG AMARATHITHADA
(161 E. Chicago 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
Leng Prathammanon and Chauthanvong Amarathithada for the property commonly known as 161 E.
Chicago Street, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: June 23, 2004
Adopted: June 23, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
CITY OF ELGIN
FACADE IMPROVEMENT PROGRAM AGREEMENT
161 E Chicago Street
_ THIS AGREEMENT is made and entered into this day of
�J (JAJ t7 2004, by and between the City of Elgin, Illinois, a
municipal corporation (hereinafter referred to as "City") , and Leng
Prathammanon, as applicant (hereinafter referred to as "Tenant") and
Chauthanvong Amarathithada, as 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) ,
and Tenant is the Tenant of a commercial building 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
$13, 929.66, 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
$4, 875.38, 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 Leng Prathammanon, 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
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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 or Tenant
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.
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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 Owner and Tenant, and Owner and Tenant '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. Tenant warrants and represents to City that Tenant has
a lease at the location for which the work is proposed for a term of at
least six (6) years. Tenant further warrants and represents that she 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 of the property for which work is to be done hereby
acknowledges that he is aware of this agreement and authorizes the work
which is to be made to the structure. Said owner of the property for
which improvements are to be made further acknowledges that, as Owner of
the property, he is a party to this agreement and is bound by the
provisions of this agreement, specifically including, but not limited to
the provisions of Section 6 of this agreement . Owner and Tenant each
hereby warrant and represent that there are no other entities having an
ownership interest in the structure which have not executed this
agreement.
Section 12 . Owner and Tenant hereby hold harmless and indemnify
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
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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: Chauthanvong Amarathithada
Address: 365 Hubbard Street
City: Elgin, IL 60123
Property Location: 161 E. Chicago Street
Contact Person Leng Prathammanon
(Applicant) :
Telephone Number: 847-452-0244
Applicant Interest : Tenant
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 ng P*tliammanon
City Manager Applic nt
By: -A Al -
Chauthanvong A arathithada
Property owner
ATTEST: Cu-�- ' 14AL�C
Dolonna Mecum, Ci y Clerk
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