10-115 Resolution No. 10-115
RESOLUTION
AUTHORIZING EXECUTION OF A FIRST AMENDED
FACADE IMPROVEMENT PROGRAM AGREEMENT
WITH RODNEY D. CAVITT
(203-209 National Street and 211-213 National Street)
(Phase 3)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Sean R. Stegall, City Manager, and Diane Robertson, City Clerk,be and are hereby authorized and
directed to execute a first amended facade improvement program agreement on behalf of the City of
Elgin with Rodney D.Cavitt for the property commonly known as 203-209 National Street and 211-
213 National Street (Phase 3), a copy of which is attached hereto and made a part hereof by
reference.
s/Ed Schock
Ed Schock, Mayor
Presented: June 9, 2010
Adopted: June 9, 2010
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
CITY OF ELGIN
FIRST AMENDED
FAQADE IMPROVEMENT PROGRAM AGREEMENT
203-209 and 211-213 National Street
(Phase 3)
THIS AMENDED AGREEMENT is made and entered into this 9th day of
June , 2010, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as "City"), and Rodney D. Cavitt (hereinafter referred to as "Owner"), the
owner of the properties commonly known as 203-209 and 211-213 National Street, Elgin, Illinois,
(hereinafter collectively referred to as the "Subject Property").
WHEREAS,City has established a fagade 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 fagade
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 Amended
Agreement; and,
WHEREAS,the parties hereto have previously entered into a Facade Improvement Program
Agreement,dated December 31,2007(hereinafter referred to as"Original Agreement"),to complete
exterior fagade improvements to the Subject Property(hereinafter referred to as the"Project");and,
WHEREAS,as part of the Original Agreement,the City agreed to pay the Owner the sum of
$43,953.50 under Phases 1 and 2 of the Project, that amount having been paid at 35%of the total
Eligible Costs for Phase 1 of the Project and 50% of the total Eligible Costs for Phase 2 of the
Project; and,
WHEREAS,the parties hereto wish to amend the Original Agreement to reflect the costs and
scope of exterior fagade improvements completed under Phase 3 of the Project.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein,the sufficiency of which are hereby acknowledged,the parties hereto hereby agree to amend
the Original Agreement in its entirety to read as follows:
1
Section 1. The total approved project costs of fagade improvements under Phases 1,2 and 3
for the structures located on the Subject Property shall be$218,046.33,as set forth in Attachment A,
attached hereto and incorporated herein by this reference (such total approved project costs for
fagade improvements under Phases 1, 2 and 3 are hereinafter referred to as "Eligible Costs," and
such structures are hereinafter collectively referred to as the "Structure"). The City has paid the
Owner the sum of$17,818.50 for fagade improvements to the Structure under Phase 1 of the Project,
paid at 35% of the total Eligible Costs for Phase 1. The City has paid the Owner the sum of
$26,135.00 for fagade improvements to the Structure under Phase 2 of the Project,paid at 50%of the
total Eligible Costs for Phase 2. Under Phase 3 of the project the City shall pay the Owner a sum not
to exceed$56,238.16,being paid at 50%of the total Eligible Costs for fagade improvements to the
Structure under Phase 3, as approved pursuant to the provisions of this Amended Agreement. The
project shall be confined to approved improvements made to those parts of the Structure that are
generally visible from any public right-of-way. All parties hereto agree that all payments from the
City provided for herein shall be made to Rodney D. Cavitt, who shall provide the City with a full
release upon receipt. Owner acknowledges and agrees that Owner has previously been paid and has
received the sum of$43,953.50 from the City for Phases 1 and 2 of the Project.
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").
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 the"Project Review Team")consisting of the
City's Historic Preservation Specialist and City's Senior 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 year
from the date of this Amended 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 that 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
Amended Agreement, shall be made to conform to the Plans and other applicable Terms of this
Amended 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)
2
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 of payment 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 Amended Agreement and Contractor shall provide a
written release to City in the amount of any such payments pursuant to this Amended 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 in Section 1 herein within thirty(30)
days of Owner's compliance with the provisions of Section 5 herein, subject to the approval of the
City. In no event shall the amount paid to Owner exceed the lesser of the not-to-exceed amount of
$56,238.16 specified in this Amended Agreement or fifty percent(50%)of the total cost of the Work
indicated in the contractor statement(s).
Section 7. In the event Owner fails to complete the Work in accordance with the terms of
this Amended Agreement, or otherwise breaches the terms of this Amended Agreement, City may
terminate this Amended 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 the City all money paid to Owner by City pursuant to this
Amended 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 Property that is unrelated to the fagade
improvement provided for in this Amended Agreement.
Section 10. This Amended 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 Amended Agreement. This Amended Agreement shall run with the land underlying
Structure. Notwithstanding the aforementioned five(5)year period,the provisions of Sections 7 and
11 herein shall survive the termination and/or expiration of this Amended Agreement. The City may
record this Amended Agreement with the Kane County recorder of deeds.
3
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 Amended 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 hold 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 Amended
Agreement.
Section 12. This Amended 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 Amended Agreement and specifically no entity and/or person
shall be in any way construed to be a third party beneficiary under this Amended Agreement.
Section 13. This Amended 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 that may be
brought by each and either of them to enforce the provisions of this Amended Agreement shall be in
the Circuit Court of Kane County, Illinois.
Section 14. The terms of this Amended Agreement shall be severable. In the event that any
of the terms or provisions of this Amended Agreement are deemed to be void or otherwise
unenforceable for any reason,the remainder of this Amended Agreement shall remain in full force
and effect.
Section 15. All notices, reports and documents required under this Agreement shall be in
writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows:
If to the City: Sarosh Saher, Senior Planner
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
With a copy to: William A. Cogley, Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
4
If to the Owner: Rodney D. Cavitt
601 East Lake Street
Streamwood, IL 60107
630-233-2858
Section 16. Notwithstanding any other provision of this Amended Agreement it is expressly
agreed and understood that in connection with the performance of this Amended Agreement that the
Owner shall comply with all applicable Federal, State,City and other requirements of law,including,
but not limited to, any applicable requirements regarding prevailing wages, minimum wage,
workplace safety and legal status of employees. Without limiting the foregoing, Owner hereby
certifies, represents and warrants to the City that all Owner's employees and/or agents who will be
providing products and/or services with respect to this Amended Agreement shall be legal residents
of the United States. Owner shall also at his expense secure all permits and licenses,pay all charges
and fees and give all notices necessary and incident to the due and lawful prosecution of the work,
and/or the products and/or services to be provided for in this Amended Agreement. The City shall
have the right to audit any records in the possession or control of the Owner to determine Owner's
compliance with the provisions of this section. In the event the City proceeds with such an audit the
Owner shall make available to the City the Owner's relevant records at no cost to the City. Owner
shall pay any and all costs associated with any such audit.
Section 17. This Amended Agreement and its attachments constitute the entire agreement of
the parties on the subject matter hereof, and may not be changed,modified,discharged or extended
except by written amendment duly-executed by the parties hereto. No other agreements exist
between the parties,either oral or written,and each party agrees that no representations or warranties
shall be binding upon the other party unless expressed in writing herein or in a duly-executed
amendment hereof.
Section 18. This Amended Agreement and its attachments shall amend and supersede the
Original Agreement between the parties hereto in all respects.
SIGNATURE PAGE FOLLOWS
5
IN WITNESS WHEREOF,the parties hereto have executed this Amended Agreement on the
date first appearing above.
As to CITY OF ELGIN As to OWNER:
By By: ,
Sean R. Stegall Rodne . Cavitt
City Manager Property Owner
ATTEST: ATTEST:
By:
Diane Robertson
City Clerk
FALegal Dept\Agreemenffacade Improvement-203-209-211-213 Nat'l-Cavitt-1st Amend-CJB revised(clean).doc
6
Attachment A
203-209 and 211-213 National Street
Property owner Rodney Cavitt
Reimbursement requested for Phase III of project
(Phases I and II completed and paid out by City-$43,953.50)
Phase III total design construction
Total cost of project $112,476.33 $25,096.48 $87,379.85
City facade grant(50%) $56,238.16 (=50%of total cost of project)
Phase III components
Design Fees
Architects fees(Berns Architects) $19,476.32 invoice provided
Structural (Direct Design)fees $5,620.16 invoice provided
total design fee $25,096.48
Construction Costs
city sidewalk work $47,500.00 invoice provided
facade-wrought iron rails,
carpentry and plumbing $9,531.53 invoice provided
facade-retaining walls and deck $13,832.00 invoice provided
facade-storm doors $898.32 invoice provided
facade-recoating front and rear
porch roofs $418.00 invoice provided
Jose Ortiz-paint porches and canceled checks
decks $15,200.00 provided
total construction cost $87,379.85
Phase payout summary Project Cost City participation
Phase I (paid) $53,300.00 $17,818.50
Phase II (paid) $52,270.00 $26,135.00
total Phase I & Phase II $43,953.50 (completed and paid out by City in 2007)
Phase III (requested) $112,476.33 $56,238.16 (current request for City Council consideratio
total grant $218,046.33 $100,191.66
Note:Project consists of two buildings-total eligible grant-$200,000
= ' City of Elgin Agenda Item No.
April 22, 2010
TO: Mayor and Members of the City Council
FROM: Sean R. Stegall, City Manager ,(,W*1• ` 61'nrr,,:4>w
Sarosh B. Saher, Senior Planner
SUBJECT: Facade Project for 203-209 and 211-213 National Street—Phase III
Owned by Mr. Rodney Cavitt
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
updated information to consider Phase III of a facade improvement project for the properties
located at 203-209 and 211-213 National Street.
RECOMMENDATION
It is recommended that the City Council approve funding the completion of Phase III of the
facade improvement project at 203-209 and 211-213 National Street at a cost of$56,238.16.
BACKGROUND
In October 2007, the City approved the participation of the two properties owned by Mr. Rodney
Cavitt in the State and National Street Facade Improvement Program. The program offers 50
percent of the cost of eligible improvements, to a maximum of $50,000 with an additional
$50,000 provided to high-impact projects. Each property that participated in the grant program
was determined to be a high impact project and thus eligible for $100,000. The facade projects
for both properties were proposed to be completed together in three phases.
Phases I and II were awarded in 2007 for work that involved exterior paint removal, cleaning and
tuckpointing the exterior of the buildings, and for the repair and painting of the cornices. A total
of $43,953 was paid to the property owner for the completion of phases I and II. The City
Council was also presented with the overall scope of the work including Phase III, and directed
staff to budget funds for the following year for the completion of the work.
Phase III of the project involved rebuilding and repainting the front porches to the buildings,
stabilizing and rebuilding the retaining walls that support the front steps to the buildings and
installation of storm doors. The property owner hired an architect, Greg Berna Architects &
Design, to draw up plans for the facades and a structural engineer, Direct Design Ltd.,to draw up
Facade Project for 203-209 and 211-213 National Street—Phase III
April 22, 2010
Page 2
plans for the retaining walls. The fees associated with the design of these components of the
project are eligible expenses to be funded by the program.
The total cost (including eligible design and construction expenses) for the completion of Phase
III is $112,476.33. The City's participation for the completion of Phase III at 50% of the total
cost amounts to $56,238.16 (reference Attachment A).
With the completion of the project, the City's total grant of$100,191.66 will have leveraged a
total investment of$200,383.32 for the improvement of the two properties in downtown Elgin.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
The property at 203-209 and 211-213 National Street is located within the Elgin National Watch
Historic District. The Elgin Heritage Commission's Design Review Subcommittee reviewed and
approved the work to the property and Certificates of Appropriateness were issued.
9��EINANCIAL IMPACT
The Phase III improvement cost will total $56,238.16. There are sufficient funds budgeted
($56,239) and available ($56,239) in the Central Area TIF fund, account number 262-0000-
791.92-32, project number 26200A, 203-209 and 211-213 National Street, to fund the Phase III
improvements.
LEGALIMPACT
The agreement between the City of Elgin and property owners at 203-209 and 211-213 National
Street will need to be revised to provide funding for the completion of Phase III of the project.
ALTERNATIVES
1. The City Council may choose to approve funding the completion of Phase III of the
facade improvement project at 203-209 and 211-213 National Street at a cost of
$56,238.16.
2. The City Council may choose not to approve Phase III of the facade improvement project
at 203-209 and 211-213 National Street.
Respectfully Submitted for Council consideration.
SBS
Attachments
Attachment A
203-209 and 211-213 National Street
Property owner Rodney Cavitt
Reimbursement requested for Phase III of project
(Phases I and 11 completed and paid out by City-$43,953.50)
Phase III total design construction
Total cost of project $112,476.33 $251096.48 $87,379.85
City facade grant(50%) S56,238.16 (=50%of total cost of project)
Phase 111 components
Design Fees
Architects fees(Berna Architects) $19,476.32 invoice provided
Structural (Direct Design)fees $5,620.16 invoice provided
total design fee $25,096.48
Construction Costs
city sidewalk work $47,500.00 invoice provided
facade-wrought iron rails,
carpentry and plumbing $9,531.53 invoice provided
facade-retaining walls and deck $13,832.00 invoice provided
facade-storm doors $898.32 invoice provided
facade-recoating front and rear
porch roofs $418.00 invoice provided
canceled checks
Jose Ortiz-paint porches and decks $15,200.00 provided
total construction cost $87,379.85
Phase payout summary
Phase I &Phase II (paid) $43,953.50 (completed and paid out by City in 2007)
Phase III (requested) $56,238.16 (current request for City Council consideration)
total grant $100,191.66
Note: Project consists of two buildings-total eligible grant-$200,000