06-274 Resolution No. 06-274
RESOLUTION
AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT
WITH SOTOMAYOR ENTERPRISES LLC
(169 E. Chicago 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
Sotomayor Enterprises LLC for the property commonly known as 169 E. Chicago Street, a copy of
which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: November 8, 2006
Adopted: November 8, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
CITY OF ELGIN
FACADE IMPROVEMENT PROGRAM AGREEMENT
169 East Chicago Street
THIS AGREEMENT is made and entered into this YT14 day of fVo c/ir/h &/?2006,by
and between the City of Elgin, Illinois, a municipal corporation(hereinafter referred to as "City"),
and Sotomayor Enterprises L.L.C.,the owner of the property commonly known as 169 East Chicago
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 of facade improvements for the structure referred
to at Section 15 herein shall be$87,976.00,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$30,792.00,being 35%of the total Eligible Costs,for facade improvements to the structure
approved pursuant to the provisions of this Agreement. All parties hereto agree that all payments
from the City provided for herein shall be made to Sotomayor Enterprises L.L.C.,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.Notwithstanding anything to
the contrary in any Contract Documents, City shall be entitled to withhold payments pending the
submission of partial or full waivers of lien,and/or certifications,verifying the receipt ofpayment for
all work performed by all contractors and/or subcontractors up to the date of the Contractor's
application for partial and/or final payment in City's sole discretion. City shall further be entitled to
make such payments directly to any contractor and/or subcontractor as may be necessary to obtain
such lien waivers and/or certifications. In the event the City makes any such payments directly to the
contractor and/or subcontractors, the amount of such payments shall be deducted from the total
amount due to the Owner pursuant to this agreement and Contractor shall provide a written release to
City in the amount of any such payments pursuant to this agreement. Concurrent with all
applications for payment, contractor and/or subcontractors shall provide the City with a written
sworn certification of all work performed by all subcontractors and/or contractor and amount paid to
all subcontractors and/or contractor as of the date of application for payment.
Section 6. City shall pay to Owner the sum provided for at Section I 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
2
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
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 and/or expiration of this agreement. The City may record this agreement with the Kane
County recorder of deeds.
Section 11. To the fullest extent permitted by law, Owner agrees to and shall indemnify,
defend and hold harmless the City,its officers,employees,boards and commissions from and against
any and all claims,suits,judgments,costs,attorneys'fees,damages or other relief or liability arising
out of or resulting from or through, or alleged to arise out of any acts or acts of negligent or
omissions of the Owner,Owner's officers,employees,agents or contractors or subcontractors in the
performance of this agreement or arising out of or in connection with litigation based on any
mechanics'lien or other claims suit,judgments and/or demands for damages by contractors and/or
subcontractors. In the event of any action against the City its officers,employees,agents,boards or
commissions covered by the foregoing duty to indemnify, defend and gold harmless, such action
shall be defended by legal counsel of City's choosing. In the event and to the extent that any legal
work is performed by the City's in-house legal counsel pursuant to the provisions of this section,City
shall be reimbursed by Owner for such legal work at the rate of$200 per hour, which rate Owner
hereby agrees and acknowledges to be a reasonable rate for such in-house attorneys' fees. The
provisions of this section shall survive any expiration and/or termination of this agreement.
Section 12. This Agreement shall not be construed to create a partnership,joint venture or
employment relationship between the parties hereto.No entity and/or person shall have any rights or
obligations created by this agreement and specifically no entity and/or person shall be in any way
construed to be a third party beneficiary under this agreement.
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
3
each and either of them to enforce the provisions of this Agreement shall be in the Circuit Court of
Kane County, Illinois.
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: Sotomayor Enterprises L.L.C.
Address: 169 East Chicago Street
City: Elgin, IL 60120
Telephone Number: 847-845-7445
Property/Structure Location: 169 East Chicago Street
Ownership Interest: property owner
Contact Person: Shirley& Wilde Sotomayor
169 East Chicago Street
Elgin, IL 60120
847-845-7445
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: B -
Oluf i larin Preside
ity M age Sotomayor Enterprise
Property Owner
ATTEST: ATTEST:
64i� By:
i
Dolonna Mecum ecr
City Clerk Sotomayor Enterprises L.L.C.
Property Owner
4
169 E. Chicago Street- Sotomayor Enterprises L.L.C. - property owner
Proposed scope of work for facade improvements
July 22, 2005
Front facade (Facing E. Chicago Street):
Storefront:
1. Remove existing non-original storefront window frame, mansard roof awning, and bulkheads
and rebuild with new configuration as follows:
2. Build new bulkheads in wood panels installed on a frame. Optional material for the
bulkhead may include brick or other masonry of choice such as cast stone or concrete.
3. Install new clear glass storefront windows and glass transoms fitted in aluminum frames.
If the ceiling is proposed to be dropped on the interior, the transoms may be in spandrel glass
to conceal the dropped ceilings
4. New wood entry door to the storefront area with glass light. The door may be set back from
the facade of the building to provide for weather protection. Alternate material for the door
may be aluminum. Door may also be located in its current location.
2"d floor windows:
1. Remove existing 2nd floor windows and replace with new aluminum clad double hung
windows in built to fit the original openings exactly.
Existing Cornice (pressed metal)
1. Remove excess peeling paint from cornice
2. Repair material where necessary(if portions are too deteriorated to repair, duplicate and
replace deteriorated portion).
3. Prime and Paint cornice.
Brick masonry cleaning(if necessary):
1. 2nd story exterior masonry may be cleaned only if necessary. Note: Sandblasting of brick
masonry or high pressure washing with water(at pressures of 600 p.s.i. or more) is not
permitted.
2. Masonry to be tuckpointed only where necessary.
3. Caulk joints between the windows and masonry.
Rear facade
1. Clean, repair and repoint brick masonry on entire rear facade.
2. Remove existing gutters and downspouts along the rear portion of the building and
replace with new system.
3. Remove non-original deck leading up to the rear door. Deck to be replaced with new
stairs and landing leading up to rear door from rear parking stalls.
4. Replace rear door with new door and transom window above to full height of opening.
5
5. Replace window sashes on two lower level windows in their existing configuration to
allow for the kitchen exhaust fan to remain. (Westerly of the two windows may have new
exhaust fan installed in the future). Windows to be aluminum clad windows. Existing T-
11 boards may be replaced with new wood paneling.
6. Remove existing 2nd floor windows and replace with new aluminum clad double hung
windows in built to fit the original openings exactly.
7 2nd story door to be removed and replaced with new window. Opening size is
recommended to be retained as existing, but may receive a wood bulkhead on the lower
portion to raise sill level of new replacement window to match the remaining windows on
the elevation.
8. Replace existing security lighting with new wall-mounted security lighting.
9. On the lower level (below grade)remove and replace existing stairs leading to lower level
door. Replace door with new security steel double door. Remove and rebuild ramp or
stairs leading up to the double door.
East elevation (side)
1. Street level: Construct new storefront window openings on the east elevation. Size and
configuration of the windows to be decided based on the configuration of the interior
layout.
2 2nd floor level: Construct new rectangular window openings to match the size of those on
the front elevation. Install new aluminum clad windows to match the new replacement
windows on the front elevation.
6
Budget Estimate
JOB NAME; 169 East Chicago,Elgin,IL
Project Description: Facade renovation for 169 East Chicago Street, Elgin,IL 60120 consisting of removal
and replacement of windows, doors, entry systems and masonry repair and restoration.
trade Cost
1 Construction fencing 450.00
2 Concrete slabs, stairs and walls 8,699.75
3 Masonry repair and restoration 17,200.00
4 Steel Supply and erection 1,600.00
5 Carpentry/DW/Insulation 13,073.00
6 Roof gutters and downspouts 1,325.00
7 Caulk 1,195.00
8 Doors, frames,hardware 3,660.00
9 Storefront, windows, glass 12,085.00
10 Stucco 2,375.00
11 Painting and fmishm' 4,624.00
12 Plumbing systems 3,970.00
13 HVAC &sheet metal trim 1,600.00
14 Electricals stems 990.00
15 Miscellaneous specialties 1,465.00
General conditions—5% 3,715.59
_Contingencies—2% 1,560.55
Insurance—5% 390.14
Overhead and Profit— 10% 7,997.80
Total 87,975.82
Total cost of project 87,975.82
City's share 30,791.54
Facade Improvement Program 35%
Exclusions and clarifications:
1. Due to the volatility of material prices. estimate cannot be guaranteed
2. All estimates include union labor,taxes and material costs
3. Permit, impact and other city fees excluded
4. Architecture, civil,mechanical, and electrical engineering excluded
5.No new exterior underground storm piping
6. Rear stair to deck to be reuses
Assumptions and Allowances:
1. All colors to be manufacturers standard colors and materials.
2. Aluminum window frame color to be from manufacturer standard color selections
3. Standard Schlage, PDQ or equal commercial grade door hardware
7
Agenda Item No.
City of Elgin
October 6, 2006
TO: Mayor and Members of the City Council-'
FROM: Olufemi Folarin, City Manager
Sarosh Saher,Urban Design& reservation Specialist
SUBJECT: Facade Project for 169 East Chicago Street- Owned by Wilde Sotomayor
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 169 East
Chicago Street.
RECOMMENDATION
It is the recommended that the City Council approve the facade improvement project proposed
for 169 East Chicago Street to be funded in an amount of$30,792.00.
BACKGROUND
The property at 169 East Chicago Street is a significant building in downtown Elgin. The owner,
Mr. Wilde Sotomayor, is requesting funding from the Facade Improvement Program to complete
exterior improvements on the building that involve restoring the storefront section of the
building, replacing the second floor windows, cleaning and tuckpointing the exterior brick
masonry, and restoring the cornice. The property owner proposes to replace the rear entry to the
building, reopen previously blocked windows, and clean the exterior of the building. The rear of
the building is readily visible from South Spring Street. On the side elevation, which overlooks
the adjacent parking lot and is visible from both East Chicago Street and South Spring Street,the
property owner proposes to open the elevation up with new storefront windows at the lower
level, and new double hung windows on the upper level.
The architect for the project, Mr. Stephen Silva of Silva Architects, in contract for the project
with the City since April 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 total eligible
project cost amounts to $87,976.00. The City's share at 35%, would amount to $30,792.00.
C
Facade— 169 East Chicago Street
October 6, 2006
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Downtown Neighborhood Association
FINANCIAL IMPACT
t
There are sufficient funds in the 2006 Downtown Business Facade Improvement Program,
Riverboat Fund account number 275-0000-791.78-99, Downtown Business Facade Project No.
079893. The total budget in the 2006 Facade Improvement Program is $75,000. To date, $6,500
has been encumbered in this account for architectural fees. The grant amount allocated to the
facade restoration at 169 East Chicago Street is $30,792.
L GAL IMPACT
funding is approved, an agreement between the City of Elgin and the property owner of 169
East Chicago Street would be required.
ALTERNATIVES
1. Approve the Facade Improvement project proposed for 169 East Chicago Street to be
funded in an amount of $30,972., 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
Attachments
Facade— 169 East Chicago Street
October 6, 2006
Page 3
169 E. Chicago Street- Wilde Sotomayor property owner
Proposed scope of work for facade improvements
July 22, 2005
Front facade (Facing E. Chicago Street):
Storefront:
1. Remove existing non-original storefront window frame, mansard roof awning, and bulkheads
and rebuild with new configuration as follows:
2. Build new bulkheads in wood panels installed on a frame. Optional material for the bulkhead
may include brick or other masonry of choice such as cast stone or concrete.
3. Install new clear glass storefront windows and glass transoms fitted in aluminum frames. If
the ceiling is proposed to be dropped on the interior,the transoms may be in spandrel glass to
conceal the dropped ceilings
4. New wood entry door to the storefront area with glass light. The door may be set back from
the facade of the building to provide for weather protection. Alternate material for the door
may be aluminum. Door may also be located in its current location.
2nd floor windows:
1. Remove existing 2nd floor windows and replace with new aluminum clad double hung
windows in built to fit the original openings exactly.
Existing Cornice (pressed metal)
1. Remove excess peeling paint from cornice
2. Repair material where necessary (if portions are too deteriorated to repair, duplicate and
replace deteriorated portion).
3. Prime and Paint cornice.
Brick masonry cleaning (if necessary):
1. 2"d story exterior masonry may be cleaned only if necessary.Note: Sandblasting of brick
masonry or high pressure washing with water (at pressures of 600 p.s.i. or more) is not
permitted.
2. Masonry to be tuckpointed only where necessary.
3. Caulk joints between the windows and masonry.
Rear facade
1. Clean,repair and repoint brick masonry on entire rear facade.
2. Remove existing gutters and downspouts along the rear portion of the building and
replace with new system.
3. Remove non-original deck leading up to the rear door. Deck to be replaced with new
ew stairs and landing leading up to rear door from rear parking stalls.
4. Replace rear door with new door and transom window above to full height of opening.
5. Replace window sashes on two lower level windows in their existing configuration to
allow for the kitchen exhaust fan to remain. (Westerly of the two windows may have new
Facade— 169 East Chicago Street
October 6, 2006
Page 4
exhaust fan installed in the future). Windows to be aluminum clad windows. Existing T-
11 boards may be replaced with new wood paneling.
6. Remove existing 2° floor windows and replace with new aluminum clad double hung
windows in built to fit the original openings exactly.
7 2"d story door to be removed and replaced with new window. Opening size is
recommended to be retained as existing,but may receive a wood bulkhead on the lower
portion to raise sill level of new replacement window to match the remaining windows on
the elevation.
8. Replace existing security lighting with new wall-mounted security lighting.
9. On the lower level (below grade) remove and replace existing stairs leading to lower
level door. Replace door with new security steel double door. Remove and rebuild ramp
or stairs leading up to the double door.
East elevation (side)
1. Street level: Construct new storefront window openings on the east elevation. Size and
configuration of the windows to be decided based on the configuration of the interior
layout.
2. 2nd floor level: Construct new rectangular window openings to match the size of those on
the front elevation. Install new aluminum clad windows to match the new replacement
windows on the front elevation.
Sep 11 06 11'14p Franceschina 630-9804
Budc_eV Estimate
JOB NAME: 169 East Chicago, Elgin, IL
Project Description: Fagade renovation for 169 East Chicago Street, Elgin,IL
and replacement of windows,doors,entry systems and masonry repair and n
Trade Shell Building Dotes
Construction Fencing $450.00 _
Concrete slabs, stairs,walls $8,699.75
Masonry repair and restoration $17,200.00
Steel Supply&Erection $1,600.00
Carpentry/DWI Insulation $13,073.00
Roof, gutters&downspouts $1,325.00
j Caulk $1,195.00
(( Doors,frames, hardware $3,660.00
Storefront, windows,glass $12,085.00
Stuccol EIFS $2,375.00
Painti2q and finishing $4,624.00
Plumbing stems $3,970.00
HVAC&sheet metal trim $1,600.00
Electrical systems $990.001 1
Miscellaneous s ialties $1,465.001 J
General Conditions 5% $3,715.59
Contingency-20/6 $1,560.55
Insurance-.5°� $390.14
Overhead&Profit 10% $7,997.80
Subtotal $87,975782
Exclusions and clarifications:
1. Due to the volatility of material prices,estimate cannot be guaranteed
2.All estimates include union labor,taxes and material costs
3. Permit, impact and other city fees excluded
4.Architecture,civil, mechanical, and electrical engineering excluded
5. No new exterior underground storm piping
6. Rear stair to deck to be reused
Assumptions and Allowances:
1.All colors to be manufacturers standard coors and materials u.n.o.
2.Aluminum window frame color to be from manufacturers standard color selection:
3. Standard Schiage, PDQ or equal commercial grade door hardware
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