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10-174
Resolution No. 10-174 RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT WITH PATRICK SAKOLARI (216 East Chicago Street) 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 facade improvement program agreement on behalf of the City of Elgin with Patrick Sakolari for the property commonly known as 216 East Chicago Street, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: September 8, 2010 Adopted: September 8, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk CITY OF ELGIN FACADE IMPROVEMENT PROGRAM AGREEMENT 216 East Chicago Street THIS AGREEMENT is made and entered into this 8th day of September 12010, by and between the City of Elgin,Illinois,a municipal corporation(hereinafter referred to as"City"), and Patrick Sakolari,the owner of the property commonly known as 216 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 mutually acknowledged,the parties hereto hereby agree as follows: Section 1. The above recitals are incorporated into and made a part of this agreement. The total approved project costs for the facade improvements for the structure referred to at Section 16 herein shall be $43,500.00, as set forth in Attachment A attached hereto made a part hereof(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 $15,225.00, 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 Patrick Sakolari, 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, 1 specifications,and/or scope of work as set forth in Attachment B attached hereto made a part hereof, and 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 "Project Review Team") consisting of the City's Historic Preservation Planner 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 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 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 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 2 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 that 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 that 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 8 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 that 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. 3 Section 16. Owner's Name: Patrick Sakolari Address: 221 East Chicago Street City: Elgin, IL 60120 Telephone Number: 847-343-2541 Property Location: 216 East Chicago Street Ownership Interest: Property owner Contact Person: Patrick Sakolari 221 East Chicago Street Elgin, IL 60120 847-343-2541 Section 17. Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this 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 Agreement shall be legal residents of the United States. Owner shall also at its 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 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." Section 18. Time is of the essence of this Agreement. 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: Sean R. Stegall Patrick Sakolari City Manager Property Owner 4 Attachment A Eligible Costs Comparison Patrick Sakolari 216 E. Chicago Street Scope of Work Northwest Petra Seyller Contractors,Inc. Development Tuckpointing South Fagade:Masonry cleaning,repair and Did not submit restoration;painting, lintel repair and restoration $43,069.46 $38,300.00 complete bid East Fagade:Masonry repair/restoration $5,830.00 $5,200.00 $5,900.00 Total $48,899.46 $43,500.00 Total eligible costs(baseHon E35% $43,500.00 City's Partici $15,225.00 Total Fagade Improvement Grant Allocation: $15,225.00 6 Attachment B Scope of Work Patrick Sakolari 216 E. Chicago Street Scaffolding A permit for constructing scaffolding on the sidewalk of E. Chicago Street has been secured from the City. Masonry (For South and East Facades) Masonry surface shall be cleaned with gentlest means possible—low pressure water and masonry detergents using natural bristle brushes. Re-point the mortar joints where there is evidence of deterioration, disintegrating mortar, cracks in mortar joints, loose bricks, and damp walls or damaged plaster work. Mortar joints shall be duplicated in strength, composition, color and texture. Mortar joints shall be duplicated in width and joint profile. Mortar joints are considered deteriorated when they have eroded back more than 114 inch from the face of the unit or beyond the depth of the original joint. Steel Beam/Plate Lintels (South Fagade) Clean, scrape, repair and repaint I-beams & lintels. Painting Loose paint shall be scraped, and building shall be cleaned with low pressure water wash. Paint and restore galvanized sheet metal crown overhang at front elevation and all exterior window frames including store front. It is proposed to repaint using the existing color scheme. Repaint 2nd story brick fagade to match color of exposed brick facade. City of Elgin Agenda Item No. August 19, 2010 TO: Mayor and Members of the City Council �� ( j�t;rvr 1)r,,,,;��;wr; FROM: Sean R. Stegall, City Manager�, Iv 4. Sarosh B. Saher, Senior Planner SUBJECT: Facade Improvement Grant for 216 E. Chicago Street PURPOSE The purpose of this memorandum is to provide the mayor and members of the city council with information to consider a facade improvement grant for 216 E. Chicago Street. RECOMMENDATION It is recommended that the city council approve the proposed facade improvement grant for 216 E Chicago Street in the amount of$15,225. BACKGROUND The property at 216 E. Chicago Street is a three-story mixed use building built in the 1880s, located in downtown Elgin that is owned by Patrick Sakolari. The property is one of four mixed use properties that Mr. Sakolari owns on E. Chicago St. The building is on the north side of the street near the intersection of Center Street and Spring Street. It is occupied on the first floor by Top Notch Tattoos and on the second and third floors by two renovated loft-style apartments. Mr. Patrick Sakolari is requesting funding from the city's Facade Improvement Program to complete exterior improvements on the building's south facing storefront and east facing facade. Mr. Sakolari proposes to repair/restore masonry, scrape and paint steel I-beams, lintels and the sheet metal crown overhang on the building's south storefront facade and repair/restore masonry on the east facade. Both the south and east facades are considered "primary facades" as they are both readily visible from the public right-of-way, therefore all the proposed improvements would be considered eligible for the 35%reimbursement. The total eligible costs of the project amount to $43,500. At 35%, the city's participation on the project would be $15,225. Tonya Hudson, Executive Director of the Downtown Neighborhood Association of Elgin (DNA), has negotiated the proposed facade improvement grant agreement with Mr. Sakolari on the city's behalf in accordance with DNA's expanded responsibilities under its 2010 purchase of services agreement with the city. 216 East Chicago Street—Facade Improvement Grant Application August 19,2010 Page 2 COMMUNITY GROUPSANTERESTED PERSONS CONTACTED Downtown Neighborhood Association Design Committee FINANCIAL IMPACT The grant amount requested to be allocated for the facade project at 216 East Chicago Street is 15,225. There are sufficient funds budgeted ($15,225) and available ($15,225) in the Riverboat fund, account number 275-0000-791.78-99,project number 79897B to award this grant.. LEGALIMPACT If funding were to be approved, an agreement between the City of Elgin and Mr. Sakolari would be required. ALTERNATIVES 1. The city council may choose to approve the facade improvement project proposed for 216 E. Chicago Street to be funded in an amount of$15,225. 2. The city council may choose to reject the request to fund the facade improvement project. Respectfully submitted for council consideration. ATTACHMENTS 1. Proposed Scope of Work—216 East Chicago Street 2. Cost Estimate Chart 3. Contractor Bids 4. Site Photos Downtown Fagade Improvement Program Scope of Work Patrick Sakolari 216 E. Chicago Street Scaffolding A permit for constructing scaffolding on the sidewalk of E. Chicago Street has been secured from the City. Masonry(For South and East Facades) Masonry surface shall be cleaned with gentlest means possible— low pressure water and masonry detergents using natural bristle brushes. Re-point the mortar joints where there is evidence of deterioration, disintegrating mortar, cracks in mortar joints, loose bricks, damp walls or damaged plaster work. Mortar joints shall be duplicated in strength, composition, color and texture. Mortar joints shall be duplicated in width and joint profile. Mortar joints are considered deteriorated when they have eroded back more than 114 inch from the face of the unit or beyond the depth of the original joint. Steel Beam/Plate Lintels (South Fagade) Clean, scrape, repair and repaint I-beams & lintels. Painting Loose paint shall be scraped, and building shall be cleaned with low pressure water wash. Paint and restore galvanized sheet metal crown overhang at front elevation and all exterior window frames including store front. It is proposed to repaint using the existing color scheme. Repaint 2nd story brick fagade to match color of exposed brick fagade. Downtown Fagade Improvement Program Eligible Costs Comparison Patrick Sakolari 216 E. Chicago Street Northwest Petra Seyller Scope of Work Contractors, Development Tuckpointing Inc. South Fagade:Masonry cleaning,repair and Did not submit restoration;painting,lintel repair and $43,069.46 $38,300.00 restoration complete bid East Fagade:Masonry repair/restoration $5,830.00 $5,200.00 $5,900.00 Total $48,899.46 $43,500.00 Total eligible costs(based on low bid) $43,500.00 City's Participation at 35% $15,225.00 O Total Fagade Improvement Grant Allocation:ry { ' NORTHWEST WEST COMMACT 2W lndutrlal Drive Hampsh s.ILeM40 Phone'.847. .0060 Fax 847.6 ' 5 2DIO Hr.Pa t$2kalarl 216 E.Ctdcago ,1L.6012D Re: Masonry Red atkm at 216 E Ctdcago Sbeot Safari; We are pleased to quote you on the ammocmyr restoration went this above referenced pmject. Our price is based on the folk ape of work. Provide to fir,equpnent and nuftnal to sit and KmW a scaffoldfcanropy to perken resWrabon work which includes;Ong,d+ nk*and rebvftffing any loose brit,Tud%vkdM and der f Ie south elevatim,atrudutally mirdorcing the"1"beam with ply stsei,dean and paird exknW wood&meal finishes,with-colors shied by corner. Total Add: $e3, 15 Tho folly is a breakdown of additional asst as required. A)Carpertt 64 hm*$WA9 $ X4,383.36 C)Laborers 24 hre @$52.25 $ 1,494.00 8 5,877.36 Total Labor. $ t877.36 $)Mater�ls clump ,misc patch mat=t $ 1,7'11M $ 1,711.00 $ 1,882.10 Total Mattwial $ 1,882.10 CAD©cuments wA SeWMVViFE twmeA ocad SefflnpUempof"IMemet Fflurontmt.i ESOfH2XA JW16%2M%2OChimgo%20$ftm4lJ C)Equonot Tnx*....final cost S 1:09C► �► Total - D)Subc0f Phoenix w"v $ SMUG Prime Scold $ 4,800.00 beike Wkwomy $16,500 Painter $ 4, .Op $32,10€J, WA,10% $, 3,21%00 $35,310M Teal Sub mnhvnbor. $n310.00 Sub Total $$35, 310.00 Bond% $43,+08&46 CLAMFfCATION; 1)No weekend worts has bet figured 2)Penmts is try (ottw#hen the mod) We 8ppr8d9 t the OPPMtUr tjt to gUOte you on Vis work and kook fbrxwwd to working wM you on this and future projects. Very truly yours, NORTHWEST COMTRACTORS, INC. Stuart C.Beam PMOld Manager C Rt►erRt WW Setts s iP 0MWV-0C*i SGWW\TNMWW I*NW Ffle T"tMLIESMMVA.1V1216%24E%ZUChicsga°,620SON41l LAIFkb Ave Deft � ELGW IL 60120 dip _.. roll 742I cubtonw Job Isar 21181EChkago 89h H 6012D 1pt car Res AMOWNt Rem ftnt Ekwaation 218 Chicago S March6,2010 R toratim South Elovadon Facade ResWration:Pedbff n nary mdor~,ation wof of 3 story fie: wry:.Masonry Ucads Will be repaired by ref "the mcxw joaft whomtme Is,evidenc o of deWrkadlon,dWaft9 acing mortar, cracim in modarjokft locks b` r d 11YZmlls or do.op d,pbdw and texture.Modar,Woints stall be dup>t +act in WM and t proW Steel Bearn?Ptafie Lintels R"Wr&Restoration:Clam,serape,r+epw, &,paint I bmm&lintels.. Cleaning LtwxW Masonry sine sW be cleanad with gwdk*t mmm possitAk low pressure waW and masonry c# gents using natural brisk bushes. Pitting:PamWeebwe pWwmad sheet metal crown+erg at *mt elmiatlm and all exterior window`ftff*a Including stare front The cola scharm used on building will be appropriate to buildings tirne period and,mWonstlp to swraunding bullefts.Colors will acv entuafe the architectural details offt b dk tg.Pdor to paenUng, Coosa paint Wuffi be scraped,and building shall be cleaned with low pressurewaterwash. TbW Renovation Cost Ism,per Ea 1 38,300.00 38,300.00 Page 1 pelm �► 2090 Larkin Ave .....,.. ELGIN IL 6012D Ode 847-M-W41 3 # I tttrerr Jab Doacr *Pf*dSUb4DW 38.300.00 *Prpjw Tbw 3t3,3CftJt flt} Total 38,300.00 Page 2 NORTHWEST CONTRACTORS, INC. 200 Industrial Drive Hampshire, IL 60140 Phone:847.683.0550 Fax: 847.683.0555 7.26.10 Mr. Patrick Sakolari 216 E. Chicago Street Elgin, IL 60120 Re: Masonry Restoration at 216 E Chicago Street Mr. Sakolari; We are pleased to quote you on the masonry restoration work the above referenced project. Our price is based on the following scope of work. Provide the labor, equipment and material to tuckpoint roughly 120sf along the East elevation of your building. This consist of 7 courses high by 801f. Total Add: $ 5,830.00 The following is a breakdown of additional cost as required. A) Carpenters 0 hrs @ $ 68.49 $ - C) Laborers 0 hrs @ $ 62.25 $ - Total Labor: $ B) Materials NCI 10% $ - Total Material: $ - H:\USERS\SBEAM\Kev&Pat\216 E Chicago Street...east elevation.xls C) Equipment Truck.....fuel cost $ - NCI 10% $ - Total Equipment: $ - D) Subcontractor Zielke Masonry $ 5,300.00 $ 5,300.00 NCI 10% $ 530.00 $ 5,830.00 Total Subcontractor: $ 5,830.00 Sub Total $ 5,830.00 Bond % $ 5,830.00 CLARIFICATION; 1) No weekend work has been figured 2) Permit is by others We appreciate the opportunity to quote you on this work and look forward to working with and future projects. Very truly yours, NORTHWEST CONTRACTORS, INC. Stuart C. Beam Project Manager H:\USERS\SBEAM\Kev&Pat\216 E Chicago Street—east elevation.xls . Petra Development Inc Es tmate 2090 Larkin Ave Date . ELGIN IL 60120 719=10 1 Customer Sob Sakolad Customer Information 216 Chicago St Sakolari Description Oty Rate Amount Additions repairs 216 Chicago St Exterior. Restoration East Elevation:Three Story Tuck pointing-cut out old mortar to a uniform depth and place new mortar in the joint,repairlreplace deteriorated brick as necessary East Elevation repairs Tuck point and replace brick Mortar joints are considered deteriorated when:They have eroded back more than 114 in.from the face of the unit or beyond the depth of the original joint Tuckpoint and replace brick Item, per Ea 1 5,200,00 5,200.00 *Project Subtotal 5,200.00 -Project Total 5,200.00 Total 5,200.00 Page 1 1 Est 1955 M 5OX 158 aNO&IL W35 {815}784-3724 r FAX(615)7843726 July S,2010 Pat Sako Job situ 216 la Chicago St, 8 ' 1,lam ak¢l 3 meritec".net Masonry Restoration 1 Reps To Building Scope of work: I)East Elevation(common brick). $5,900.00 �► Replace deterior ed brick/match existing brick as closely as possible. • Tuckpoint open,f wtt (not hairline fractures)and unsound mortar joints. Mwtar joints to be out back a minimum of 5/8"and cleaned of dust and loose material pricer to pointing- ""�'l •,�.tt , and seal e� ta� y� tile copings as necessary. 2)South Elevation(front!face brick). $2,200.04 If contracted at same time as#I Tuckpoint major emcks and open mortar joints above 2'd floor. If total price is out thousand dollars or mor4 twenty percent:of total price is to be paid atther start of pmjw with balance due Qm Maletion, If total price is less than one thousand dollars;,total is due uponmptction. One) r warranty! Alt tnaterlal isguaranteed to be as specified. All work to be completed in a workman Ift roamer according to standudpractices. Any alteration or deviation from above specifications involving otUaoosts will be executed only upon written orders,and will become are extra chap over and above the estimate. All agreements contingent upon strike,-,accidents or,delay,beyond our cwtrol.Owncr to carry fire,tornado and other necessary insurance. Our workers are fully covered by WorkmeWs Compensation Instnnce. This proposal may be withdrawn by us it'not accepted within 60 days. t7au -T- (. i t^i Anttiouizea sigtutttere ',t X Acceptance of Proposal The above ptiom specifications and conditions are satisfactory and ate hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Accep signature sigialuc (Picric sign and return original to Scylicr's Inc.) Serving the Fox Yalley Since 1955 y7 w yon i y. Ilk eL V r k F g) 3. Yin Via. i N 6 3 tt Ism .7PqiO r At , t k t ,� �-