08-99 Resolution No. 08-99
RESOLUTION
AUTHORIZING EXECUTION F TH BRANDON IMPROV
ERENT PROGRAM AGREEMENT
(Tongue N Chic, Inc., 14-16 Douglas Avenue)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and
directed to execute a facade improvement program agreement on behalf of the City of Elgin with
Brandon Becker(Tongue N Chic,Inc.)for the property commonly known as 14-16 Douglas Avenue,
a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: April 9, 2008
Adopted: April 9, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
CITY OF ELGIN
FACADE IMPROVEMENT PROGRAM AGREEMENT
14-16 Douglas Avenue
THIS AGREEMENT is made and entered into this '` day of '2008,by
and between the City of Elgin, Illinois, a municipal corporation(hereinafter referred to as "City"),
and Brandon Becker,the owner of the property commonly known as 14-16 Douglas Avenue,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$62,628.00, 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 $21,920.00, 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 Brandon Becker, 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").
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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 wri«en notice of the existence of such non-conforming portions.
d upon final inspection and written approval by
Section 5. Upon completion of the Work,an P royals as may be required by law,
the Project Review Team and such other final inspections ed itemized contractor statement reflecting the
1 an executed, but not limited to, the cost of labor
Owner shall submit to City: ( ) e copies of all
total cost of the Work and each portion s bcontract r),materials and equipment; O P
whether provided by any contractor or pursuant
to the Work; and (3)
( executed or incurred p
bids, contracts and mvo c f all submitted, pursuant to the Work.
reasonable proof of Payment amount
sum provided for at Section 1 herein within all the elam(30
p to Owner the no event
Sect6• City shall pay rovisions of Sect herein.
owner's compliance with the p ed in this Agreement or in the contractor statement.
days of o amount specified
paid to Owner exceed the am terminate this
o complete the Work in accordance with the teens o
In the event Owner falls t set this Agreement, City or
.Section and any and all finance shall
or otherwise breaches the term ination to Owner, Own
this Agreement, 30 days
on written notice of breach and term upon thirty ( ) her
t u all cease and become null and Additiona y' lot
Agreement upon of
City shall ursuant to this and al
obligations
on the p City p to pursue any
other aid to Owner by
eftind to City, all money P
•provision shall not constitute a restriction on City
r This prove
written demand. be entitled by law. Owner
eriod of five(5)Years thereafter,O shall
rights to which it may ork,and for a p e thereto,and
completion of the W without alteration or Chang Work' or to
Sect—i� Upon comp change or remove such
ork in its finished forms to alter, the Plans,without prior
shall properly maintain the or take any other step
agreement, constitute a deviation from
not enter into any other Work which may in its sole discretion.
create or undertaken the Project Review Team prohibit the Owner from
written approval from restri ct or
Nothing herein is intended to limit,
Sects 2
III)dert
,ImProV leg any
Pro other
V11i'o
Ork 1� 0
0 SC ' ortp t r about
Ct1 his the s
wn�r� on 1p Agree, Ubject preen
s\ nt. ise
ah slj���ss Th1sA�,�� s Which is unrelated to
da ors and meat shat the facade
Ppr0Va1 o assigns !be bindin f the fora g Upon Clty and its successors,and
�p pp}n�t Work Owne Period of five(5)years from Upon Owner,
y11"' This A r shall provide subsequent nd after the date of completion
greement shall run with the land ande0rlying Structure. Notwithstanding f this
aforementioned five the
�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: Brandon Becker
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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: Brandon Becker
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Address: 3356 Blackhawk
City: Long Grove, IL 60047
Telephone Number: 708-369-1016
Property Location: 14-16 Douglas Avenue
Ownership Interest: Property owner
Contact Person: Brandon Becker
3356 Blackhawk
Long Grove, IL 60047
708-369-1016
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:
Olufe i Folarin Brandon Becker
City Manager Property Owner
ATTEST:
Diane Robertson
City Clerk
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Attachment A
Facade Improvement Program
14-16 Douglas Avenue
Brandon Becker
April 2, 2008
Proposed scope of work for facade improvements
Front Facade (Facing Douglas Avenue)
Demolition
1. Remove existing glass storefront, plywood and E.I.F.S. on first floor east elevation.
Storefront windows
Rehabilitation
1. 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.
2. New storefronts to be clear plate glass with anodized aluminum frames.
3. Transoms above storefronts to be transparent and match adjacent transoms on building to
the south.
4. Create (2) entry doors (one for each storefront). Remove portion of bulkhead as required
to accommodate entrance. Doors to be full glazed
5. New fabric awnings over storefront windows. One awning to be installed per storefront
window bay.
6. One sign above each transom to be internally illuminated cabinet sign not to exceed 35 sq
ft.
2"d floor facade
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. 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. Paint brick, fascia, stone trim, lintels, and cornice.
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Ton ue-N-Chic 14-16 Douglas Ave
Facade Improve ent Pro ram - eligible costs
Scope of work Contractor 1 Cost Contractor 2 Cost
Estimate Estimate
Awning Sure Light $3,949.00 Thatcher Oaks $3,610.00
Sign
New sign Sure Light $2,960.00 Signs and Stripes $1,975.00
Sign
Exterior Lighting Salemi $3,611.00 RWB Design $3,300.00
Storefront demo, D. Stratos $57,500.00 JP Salemi $53,743.00
rebuild and
painting
Total 1 1 $68,020.00 (low bid)1 $62,628.00
Total eligible costs: $62,628.00 based on lower bids
Cit 's participation: 35%
Total Fa ade Improvement Grant allocation: 1 $21,919.80
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