06-172 Resolution No.06-172
RESOLUTION
AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT
WITH KIM'S BLACK BELT ACADEMY
(5-13 South Spring Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,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
Kim's Black Belt Academy for the property commonly known as 5-13 South Spring Street,a copy of
which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: July 12, 2006
Adopted: July 12, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
CITY OF ELGIN
FACADE IMPROVEMENT PROGRAM AGREEMENT
5-13 South Spring Street
THIS AGREEMENT is made and entered into this ay of ULV 2006,by
and between the City of Elgin, Illinois, a municipal corporation(hereinafter ref rred to as"City"),
and Ken Ok Hyung Kim,the owner of the property commonly known as 5-13 South Spring Street,
Elgin, Illinois, (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 Phase 1 of the facade improvements for the
structure referred to at Section 16 herein shall be$15,625.00,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 $5,468.75, 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 Ken Ok Hyung Kim, 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/or specifications approved by the Project Review Team pursuant to the provisions of Section 3
herein and prepared by Consultant(hereinafter referred to as"Plans").
1
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
City's Project Review Team (hereinafter referred to as "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 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
2
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 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: Ken Ok Hyung Kim
3
Address: 5 South Spring Street
City: Elgin, IL 60120
Telephone Number: 847-695-5434
Property Location: 5-13 South Spring Street
Ownership Interest: property owner
Contact Person: Jeffrey S. Kim, P.C.
Attorney at Law
800 South McLean Boulevard
Elgin, IL 60120
847-697-9197
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: O By:
e Ok lufemi olarin Kn H g Kofr
Cit ger Property Owner
ATTEST:
h:?43 " '
Dolonna Mecum
City Clerk
4
Facade Improvement Program
5-13 South String Street
Ken Ok Hyung Kim
June 9, 2005
Proposed scope of work for facade improvements
Front Facade (Facing Spring Street)
Demolition
1. Remove existing bulkheads below storefront windows. Inspect existing support
structure of cast iron columns. Original support structure to be reused during the
facade renovation.
2. Remove existing plywood currently comprising the sign band. Inspect existing
support structure beneath siding material. If original transom window still exists
beneath material with original "Luxfer"prism glass, the transom window should be
used to the greatest extent possible.
Transom window can be rebuilt with support steel structure behind window.
3. Remove existing aluminum service door to 2nd floor and plywood wrapping around
door. Inspect existing transom and frame beneath for possibility of reuse. If too
damaged to retain, or modified beyond original, then remove framing as well.
Otherwise, reuse original framing for door, transom and transom window.
4. Remove brick from one existing arched window on 2nd floor.
5. Remove glass block and non-original windows from 4 existing window openings.
Storefront windows
Rehabilitation
1. Existing bulkheads, soffits under entrance areas, and flooring mat still remain on the
building and can be reused, repaired where necessary, primed and painted.
2. If bulkheads under existing plywood is missing, or too deteriorated to repair, new
bulkheads may be constructed to match the original along base of storefront windows.
Bulkhead material can be constructed in materials such as stone, cast stone panels,
paneled wood.
3. Entry doors to storefronts appears to be replaced in some instances. Replace non-original
entry doors. Use available original examples to determine design. Wood entry doors with
glass lights are recommended for the entry doors.
4. Replace existing service door. Use original frame and transom window after removing
non-original plywood (sign board). New wood entry door with glass light is
5
recommended to be used.
5. Optional: New fabric awnings over storefront windows. One awning to be installed per
storefront window bay. Existing retractable awnings appear to be original to the building
and may be repaired and fabric replaced.
2"d floor fagade
1. Clean brick masonry on exterior using masonry cleaner in a 10 % solution of water.
Water pressure to be applied should not exceed 600p.s.i. to prevent abrasive effect of
high pressure wash.
2. Repair masonry where necessary. Southeast corner of building needs masonry repair.
Brick to be repaired to match existing corner detail;. If brick is deteriorated and needs
to be replaced, new brick to match the size and color of the existing brick should be
used. (Note: to achieve the exact color match,brick stains may be used)
3. Inspect and repair cornice on the building. Note: If cornice is constructed in pressed
metal, then existing layers of paint can be sandblasted off. If constructed in wood,
then a paint stripper, or scraping method should be used to remove layers of paint.
Cornice to be repainted highlighting the ornamental features
4. Windows:
a. Round arched window: Reconstruct framing jambs and brick molding following
removal of brick. Install a pair of new wood(optional aluminum clad) custom
windows with a central mullion. Rectangular windows may be used. Install a new
round arched transom window in the round arched segment of the window.
Transom to be inoperable.
b. Four 2nd floor rectangular windows: (Note: The northern of the four windows is
larger than the remaining three windows). Reconstruct framing jambs and brick
molding following removal of glass block and non-original windows. Install a pair
of new wood(optional aluminum clad) custom windows with a central mullion.
Install a new rectangular transom window. Transom to be inoperable.
Note: inspect larger window to determine is there was a different configuration of
window and transom setup.
Rooftop ornamentation
Note: on examination of historic documentation, it was determined that a turret existed above the
round arched window, and a triangular pediment existed over the second bay(central bay of
those facing Spring Street), above the letters "Stewart Hall."
1. Rebuild turret roof based on historic photograph documentation. Roof determined to
be pyramidal in shape. Turret roof will need to be framed, new sheathing added, and
covered in new shingle. New asphalt shingle may be used(Note: cedar shingle is
preferred). Install a new metal finial on top of roof for moisture protection.
6
2. Rebuild triangular pediment above the letters "Stewart Hall."Pediment is determined
to be the width of the existing roof coping(approximately 18-24 inches). Pediment
will need to be framed and clad pressed metal within triangular portion, with wood
crown molding along sides. Top portion to be sheathed in metal flashing.
3. Southeast turret continues to exist on the building. The metal finial on top is missing.
Replace with new metal finial to prevent any moisture damage.
5-13 South Spring Street Kim's Black Belt Academy
Facade Improvement Program—eligible costs
PHASE 1
Masonry repairs/restoration
Contractor 1 Cost Contractor 2 Cost
estimate Estimate
Seyller's Tuckpointing &Masonry Soumar Masonry
Restoration
North elevation wall $6,400.00 Restoration of south, $15,625.00
southwest corner,west
elevation, north and east
elevations
West& South Elevation Walls $5,300.00
Chimney $2,900.00
Chimney liner $2,900.00
Total $17,500.00 $15,625.00
Total eligible costs Phase 1: $15,625.00 (based on lower bid
City's Participation—35%
Total Facade Improvement grant allocation - $5,468.75
s
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City of El I t1 Agenda Item No.
9
May 19, 2006
TO: Mayor and Members of the City Council
� ,ji�r Oountnir�r
FROM: Olufemi Folarin, City Manager
Sarosh Saher, Urban Design Preservation
l� Specialist
SUBJECT: Facade Project for 5-13 South Spring Street
D.b.a. Kim's Black Belt Academy- Owned by Ken Ok Hyung Kim
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 5-13 South
Spring Street.
RECOMMENDATION
w" It is the recommended that the City Council approve Phase 1 of the Facade Improvement project
proposed for 5-13 South Spring Street in the amount of$5,468.75.
BACKGROUND
The property at 5-13 South Spring Street is a significant building in downtown Elgin. The
owner, Mr. Ken Ok Hyung Kim who owns and operates Kim's Black Belt Academy at the
property, is requesting funding from the Facade Improvement Program to complete Phase 1 of
the project- cleaning and tuckpointing the exterior brick masonry.
The property owner has submitted estimates for the work. The total eligible project cost is based
on the lower of two required estimates for items of work, and amounts to $15,625.00. The City's
share at 35%, would amount to $5,468.75.
The applicant is requesting funding under the program as the first phase of restoring the facade.
The applicant wishes to restore the storefront component of the facade by reopening windows
that were blocked in and re-creating the triangular ornamental features at the top of the building
based on photographic evidence. The exterior tuckpointing and cleaning currently proposed will
continue to preserve the architectural features of the building.
Respectfully Submitt
SBS/sr e�'
Agents
A. Complete scope o
f work
Facade Project for—5-13 South Spring Street
May 19,2006
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Downtown Neighborhood Association, DNA
NANCIAL IMPACT
There are sufficient funds remaining in the 2005 Downtown Business Facade Improvement
Program to fund this project. The program was originally budgeted at $25,000.and has a balance
of$18,500. The facade grant allocated to the facade restoration at 5-13 South Spring Street is
$5,468.75. A project was set up for this grant in the Riverboat Fund, account number 275-0000-
791.78-99, "Rehabilitation Loans/Grants,project number 07990Q.
The total budget in the 2006 Facade Improvement Program is $75,000.00. To date, no funds
have been spent or encumbered in this account.
LEGAL IMPACT
If funding is approved, an agreement between the City of Elgin and property owner of 5-13
South Spring Street would be required.
ALTERNATIVES
1. Approve Phase 1 of the Facade Improvement project proposed for 5-13 South Spring
Street to be funded in an amount of$5,468.75, since the work meets the requirements of
the Facade Improvement Program.
2. Reject the request to fund the project.
Respectfully Submitted for Council consideration.
SBS/sm
Attachments
A. Complete scope of work
Facade Project for—5-13 South Spring Street
May 19,2006
Page 3
Exhibit A
Facade Improvement Program
5-13 South Spring Street
Ken Ok Hyung Kim
Proposed scope of work for facade improvements
Front Facade(Facing Spring Street)
Demolition
1. Remove existing bulkheads below storefront windows. Inspect existing support
structure of cast iron columns. Original support structure to be reused during the
facade renovation.
2. Remove existing plywood currently comprising the sign band. Inspect existing
support structure beneath siding material. If original transom window still exists
beneath material with original"Luxfer"prism glass, the transom window should be
A0bK used to the greatest extent possible.
Transom window can be rebuilt with support steel structure behind window.
3. Remove existing aluminum service door to 2nd floor and plywood wrapping around
door. Inspect existing transom and frame beneath for possibility of reuse. If too
damaged to retain, or modified beyond original, then remove framing as well.
Otherwise,reuse original framing for door, transom and transom window.
4. Remove brick from one existing arched window on 2nd floor.
5. Remove glass block and non-original windows from 4 existing window openings.
Storefront windows
Rehabilitation
1. Existing bulkheads, soffits under entrance areas, and flooring mat still remain on the
building and can be reused, repaired where necessary, primed and painted.
2. If bulkheads under existing plywood is missing, or too deteriorated to repair, new
bulkheads may be constructed to match the original along base of storefront windows.
Bulkhead material can be constructed in materials such as stone, cast stone panels,
paneled wood.
3. Entry doors to storefronts appears to be replaced in some instances. Replace non-original
pb entry doors. Use available original examples to determine design. Wood entry doors with
glass lights are recommended for the entry doors.
4. Replace existing service door. Use original frame and transom window after removing
non-original plywood (sign board). New wood entry door with glass light is
recommended to be used.
Oft, Facade Project for—5-13 South Spring Street
May 19, 2006
Page 4
5. Optional: New fabric awnings over storefront windows. One awning to be installed per
storefront window bay. Existing retractable awnings appear to be original to the building
and may be repaired and fabric replaced.
2°d floor fagade
1. Clean brick masonry on exterior using masonry cleaner in a 10 % solution of water.
Water pressure to be applied should not exceed 600p.s.i. to prevent abrasive effect of
high pressure wash.
2. Repair masonry where necessary. Southeast corner of building needs masonry repair.
Brick to be repaired to match existing corner detail;. If brick is deteriorated and needs
to be replaced, new brick to match the size and color of the existing brick should be
used. (Note: to achieve the exact color match, brick stains may be used)
3. Inspect and repair cornice on the building. Note: If cornice is constructed in pressed
metal, then existing layers of paint can be sandblasted off. If constructed in wood,
then a paint stripper or scraping method should be used to remove layers of paint.
Cornice to be repainted highlighting the ornamental features
Awl&- 4. Windows:
a. Round arched window: Reconstruct framing jambs and brick molding following
removal of brick. Install a pair of new wood (optional aluminum clad) custom
windows with a central mullion. Rectangular windows may be used. Install a new
round arched transom window in the round arched segment of the window.
Transom to be inoperable.
b. Four 2°d floor rectangular windows: (Note: The northern of the four windows is
larger than the remaining three windows). Reconstruct framing jambs and brick
molding following removal of glass block and non-original windows. Install a
pair of new wood(optional aluminum clad) custom windows with a central
mullion. Install a new rectangular transom window. Transom to be inoperable.
Note: inspect larger window to determine is there was a different configuration of
window and transom setup.
Rooftop ornamentation
Note: on examination of historic documentation, it was determined that a turret existed above the
round arched window, and a triangular pediment existed over the second bay(central bay of
those facing Spring Street), above the letters "Stewart Hall."
1. Rebuild turret roof based on historic photograph documentation. Roof determined to
ow be pyramidal in shape. Turret roof will need to be framed, new sheathing added, and
covered in new shingle. New asphalt shingle may be used (Note: cedar shingle is
preferred). Install a new metal finial on top of roof for moisture protection.
A00"" Facade Project for—5-13 South Spring Street
May 19, 2006
Page 5
2. Rebuild triangular pediment above the letters "Stewart Hall."Pediment is determined
to be the width of the existing roof coping(approximately 18-24 inches). Pediment
will need to be framed and clad pressed metal within triangular portion, with wood
crown molding along sides. Top portion to be sheathed in metal flashing.
3. Southeast turret continues to exist on the building. The metal finial on top is missing.
Replace with new metal finial to prevent any moisture damage.
Kim's Black Belt Academy
Facade Improvement Program—eligible costs
PHASE 1
Masonry repairs/restoration
Contractor 1 Cost estimate Contractor 2 Cost Estimate
Se ller's Tuckpointing&Maso Soumar Maso Restoration
North elevation wall $6,400.00 Restoration of south, southwest $15,625.00
corner,west elevation,north and
east elevations
,/► West&South Elevation Walls $5,300.00
Chimney $2,900.00
Chimney liner $2,900.00
Total $17,500.00
$15,625.00
Total eligible costs Phase 1: $15,625.00 based on lower bid)
City's Participation—35%
Total Facade Improvement grant allocation-$5,468.75
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