04-337 Resolution No. 04-337
RESOLUTION
AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT
WITH ANTHONY SUM
(201-203'/2 East 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
Anthony Sum for the property commonly known as 201-203%2 East Chicago Street,a copy of which
is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: December 15, 2004
Adopted: December 15, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
Y .
CITY OF ELGIN
FACADE IMPROVEMENT PROGRAM AGREEMENT
201-203'-� East Chicago Street
THIS AGREEMENT is made and entered into this /,rT� day of
2004, by and between the City of Elgin, Illinois, a
municipal corporation (hereinafter referred to as "City") , and Anthony
Sum, 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 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
$97, 975. 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
$34,291 . 35, being 350 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 Anthony Sum, 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
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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
finished form, without alteration or change thereto, and shall not enter
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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
venue for any and all actions which may be brought by each and either of
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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: Anthony Sum
Address : 302 East Second Street
City: East Dundee IL 60118
Telephone Number: 847-426-8561
Property Location: 201-203 East Chicago Street
Ownership Interest: property owner
Contact Person: Anthony Sum
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 Dorgan Anthon S m City Manager Propert Owner
ATTEST:
Dolonna Mecum
City Clerk
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201-2031 E. Chicago Street
Center City Facade Improvement Program
Project Costs
Phase I (to be completed by 2004 year end)
Replace 32 Good News $55, 400.00 Marshall 57, 200.00
double hung Construction Construction &
windows Remodeling
Side west entry Good News $1, 275.00 Marshall $1,395.00
door Construction Construction &
Remodeling
Wood door at Good News $750.00 Marshall $695.00
gangway Construction Construction &
Remodeling
New cedar gate Good News $750.00 Marshall $720.00
for trash Construction Construction &
enclosure Remodeling
Replace slate Good News $6, 800.00 Bott roofing & $11, 720.00
on turret roof Construction construction
Masonry Seyller's $2, 400.00 Good News $2, 650.00
alteration to Tuckpointing & Construction
conceal trash Masonry
enclosure
Phase II (proposed 2005-2006)
West elevation Seyller's $21, 900.00 Good News $24, 000.00
face Brick and Tuckpointing & Construction
Limestone Masonry
repair and
stabilization
South elevation Seyller's $8, 700.00 Good News $9, 000.00
common brick Tuckpointing & Construction
repair Masonry
totals Lowest bids $97,975.00 $107, 380.00
Total eligible project costs: $97, 975. 00
City' s participation at 35% : $34,291 .35
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City Of Elgin Agenda Item No.
November 24, 2004
TO: Mayor and Members of the City Council
SAFE COMMUNITY
FROM: David M. Dorgan, City Manager
RuthAnne K. Hall,Neighborhood rvices Committee
SUBJECT: Remove No Right Turn on Red Northbound on McLean Boulevard. Turning East
onto Wing Street
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to amend a City ordinance to remove the "no right turn on red" northbound on
McLean Boulevard turning east onto Wing Street.
RECOMMENDATION
It is the recommendation of the Neighborhood Services Committee to amend City Ordinance
Chapter 11.14 Section 11.14.030, to amend a City ordinance to remove the "no right turn on red"
northbound on McLean Boulevard turning east onto Wing Street.
BACKGROUND
A request was submitted to the Neighborhood Services Committee (NSC) by a resident to
remove the "no right turn on red" northbound on McLean Boulevard turning east onto Wing
Street. The restriction was originally requested by School District U46 to establish a safe
crossing for students attending Illinois Park School.
The NSC evaluated the request to remove the "no right turn on red" and determined that the
subject intersection did not pose a safety hazard with any obstructions in the driver's line of site
when making the right turn. In addition, with the closing of Illinois Park School in 2004, the
number of pedestrians utilizing the intersection has significantly decreased. The walk signal
that is in place at the intersection of McLean Blvd. and Wing Street provides adequate time for
pedestrians to safely cross. Therefore, it was the consensus of the NSC that it would be
acceptable to remove the restriction of "no turn on red" northbound on McLean Boulevard
turning east onto Wing Street.
Remove No Right Turn on Red Northbound on McLean Blvd. Turning East onto Wing St
November 24, 2004
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
The request was submitted by a resident.
FINANCIAL IMPACT
The labor to remove the existing sign will be charged to the Regular Employee Earnings of the
Traffic Signals Division of the Public Works Department. It is anticipated that removal of the
sign will take one hour for the approximate cost of $50. The account number used to charge
labor is 010-3321-753.01-01, General Fund, Traffic Signals Division, Regular Employee
Earnings. Sufficient funds are budgeted ($441,810) and available ($93,487) in this account.
LEGAL IMPACT
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ALTERNATIVES
1. Deny the recommendation as submitted.
2. Approve the recommendation to amend a City ordinance to remove the "no right turn on
red"northbound on McLean Boulevard turning east onto Wing Street.
Respectfully submitted for Council consideration.
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