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14-145
Resolution No. 14-145 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH WAYSIDE CROSS MINISTRIES FOR NOT FOR PROFIT FOR RENTAL ASSISTANCE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a community development block grant agreement with Wayside Cross Ministries for Not For Profit on behalf of the City of Elgin for rental assistance regarding the lease of the facility at 1732 Berkley Street, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 8, 2014 Adopted: October 8, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT BETWEEN THE CITY OF ELGIN AND WAYSIDE CROSS MINISTRIES FOR NOT FOR PROFIT This AGREEMENT is entered into as of the 8th day of October , 2014, by and between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter called "GRANTEE" or"CITY")and WAYSIDE CROSS MINISTRIES NOT FOR PROFIT, a not-for-profit corporation incorporated pursuant to the laws of the State of Illinois, (hereinafter called "SUB-RECIPIENT") having a principal place of business at 1732 Berkley Street, Elgin, Illinois, 60123. I. RECITALS A. CITY has applied for Community Development Block Grant funds (hereinafter referred to as "CDBG funds") from the United States Department of Housing and Urban Development (hereinafter called "HUD") as provided by the Housing and Community Development Act of 1974, as amended(P.L. 93-383)(hereinafter called "ACT"). B. CITY has been awarded CDBG funds from HUD in Fiscal Year (FY) 2014, said award being identified as CDBG Entitlement Communities Number 14.218. C. CITY has considered and approved the application of SUB-RECIPIENT for CDBG funds allotted to CITY for distribution to SUB-RECIPIENT. D. CITY and SUB-RECIPIENT enter into this Agreement pursuant to their respective powers to enter into such agreements, as those powers are defined in the Illinois Constitution and applicable statutes. II. SCOPE OF THE PROJECT A. SUB-RECIPIENT hereby agrees to perform, in a timely fashion, the activities provided for herein, and those previously defined and identified in the Project Application and project description submitted by the SUB-RECIPIENT, dated December 13, 2013, and entitled "Elgin Wayside Center—An Extended hand to the Community", a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference (hereinafter referred to as the "PROJECT"). B. All funding provided to SUB-RECIPIENT shall be used solely to reimburse SUB-RECIPIENT for monthly rental costs associated with the lease of the facility at 1732 Berkley Street, Elgin, Illinois. This facility is to be used exclusively for the provision of shelter, support services and counseling activities that aid homeless families and individuals to become self-sufficient members of society. Services provided at the facility are to be consistent with the scope and intent of the PROJECT. All individuals served by SUB-RECIPIENT pursuant to this agreement will be low and moderate income persons as defined by 24 CFR 570.208 (a)(2)(i)(A). The reimbursement will be for rental payments made by the SUB-RECIPIENT for the period of June 1, 2014 through May 31, 2015, as outlined in Lease Agreement, a copy of which is attached hereto as Exhibit 'A.]". This facility is to be used for the provision of support services and counseling activities that aid homeless families and individuals to become self-sufficient members of society, these activities being hereinafter referred to as the "ELIGIBLE ACTIVITIES." Page 1 of 16 C. Prior to the expenditure of CDBG funds, SUB-RECIPIENT shall meet with the City's Community Development Department staff to establish acceptable documentation and guidelines regarding requests for payment for the activities described in the Scope of Work. No payment of CDBG funds will be made by CITY without the required documentation. D. SUB-RECIPIENT shall return to the CITY any program income, as defined in 24 CFR Part 570.500(a), which is generated as a result of this PROJECT. All written requests for an exception to this agreement shall be made, in writing, to the City's Community Development Department explaining why the SUB-RECIPIENT needs the income, the specific activities the SUB- RECIPIENT will undertake with the funds and how the SUB-RECIPIENT will report the income and expenditures to the CITY. A written response to the request will be provided to SUB- RECIPIENT from the CITY. III. Quarterly Progress Reports and Disclosure of Client Data A. SUB-RECIPIENT shall provide a Quarterly Progress Report to CITY each quarter, reporting on the status of the PROJECT in relation to the Project Implementation Schedule. The quarterly progress reports shall begin upon the signing of this Agreement, and be based on the CDBG program year, beginning on June 1 and ending on May 31 of the following year. The quarterly progress report shall be submitted until the completion of the project or until directed to discontinue such reports in writing by CITY. B. Quarterly progress reports shall be due on the 10`x' day of the month following, the end of the quarter, for the previous quarter's activities as follows • First Quarter—June,July,August (due September 10) • Second Quarter—September, October,November(due December 10) • Third Quarter—December, January, February(due March 10) • Fourth Quarter—March, April, May(due June 10) C. SUB-RECIPIENT shall use a form provided by the Community Development Department and shall include all required information about the number of clients served each quarter (by race, household income,household size and the number of female headed households). D. SUB-RECIPIENT shall maintain on the premises of their principal place of business client data demonstrating client eligibility for services provided, and any other demographic information as requested in the City's Quarterly Progress Reports. Such information shall be made available to the City's monitors for review upon request. E. SUB-RECIPIENT shall furnish and will permit CITY, HUD or its agents, or other authorized federal officials, access to clients' records for the purpose of household size and income verification to ascertain compliance with the rules,regulations and provision of the Act. IV. AMOUNT AND TERMS OF GRANT A. CITY shall distribute to SUB-RECIPIENT, as SUB-RECIPIENT's portion of the total grant received by CITY and in consideration of SUB-RECIPIENT's undertaking to perform the PROJECT, a maximum of $30,100 (hereinafter "Grant Funds"), to be paid in the manner provided for herein at Sections II(D) and VIII. Prior to the initial payment of Grant Funds, SUB- RECIPIENT shall submit, to CITY, their Outcome Performance Measurement Statement and progress report indicating client demographics and program status. SUB-RECIPIENT shall submit quarterly progress reports, by the 10`x' day following the end of the preceding quarter, to the CITY. The amount to be paid to SUB-RECIPIENT will be based upon the work completed Page 2 of 16 and the submittal of employee work reports in support of the invoiced amount. B. This PROJECT shall be identified as Project No. 154976 and Account No. 230-0000-791.30-99, which identifying numbers shall be used by SUB-RECIPIENT on all payment requests. V. SUB-RECIPIENT'S COMPLIANCE WITH THE ACT A. CITY shall assist SUB-RECIPIENT in making application for CDBG funds. B. SUB-RECIPIENT shall abide by the Act and all HUD rules and regulations promulgated to implement the Act. C. SUB-RECIPIENT shall, upon request of CITY, (1) assist in the completion of an environmental review and (2) complete certifications showing equal employment opportunity compliance including equal employment opportunity certifications with reference to the PROJECT, as set forth in Exhibit"C"attached hereto and made a part hereof. D. SUB-RECIPIENT, in performing under this Agreement, shall: 1. Not discriminate against any worker, employee, or applicant, or any member of the public, because of race, creed, color, sex, age or national origin, nor otherwise commit an unfair employment practice; and 2. Take affirmative action to insure that applicants are employed without regard to race, creed, color, sex, age or national origin, with such affirmative action including, but not limited to the following: Employment, upgrading, demotion or transfer, termination, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, including apprenticeship. E. SUB-RECIPIENT shall permit CITY and HUD to conduct on-site reviews, examine personnel and employment records and to conduct any other procedures or practices to assure compliance with the provisions of this agreement. SUB-RECIPIENT shall post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of Section V (D)above. F. SUB-RECIPIENT shall not violate any laws, state or federal rules or regulations, including but not limited to those regarding a direct or indirect illegal interest on the part of any employee or elected official of the SUB-RECIPIENT in the PROJECT or payments made pursuant to this Agreement. G. SUB-RECIPIENT hereby warrants and represents that neither the project, including but not limited to any funds provided pursuant thereto, nor any personnel employed in the administration of the program shall be in any way or to any extent engaged in the conduct of political activities in contravention of Chapter 15 of Title 5, United States Code, commonly known as the Hatch Act. H. SUB-RECIPIENT shall maintain records to show actual time devoted and costs incurred, in relation to the PROJECT, and shall prepare and submit quarterly progress reports which describe the work already performed and anticipated during the remaining time of the PROJECT. Upon fifteen (15) days' notice from CITY, originals or certified copies of all time sheets, billings, and other documentation used in the preparation of said progress reports shall be made available for Page 3 of 16 inspection, copying, or auditing by CITY at any time during normal business hours, at 150 Dexter Court, Elgin, Illinois. I. SUB-RECIPIENT shall adopt the audit requirements of the Office of Management and Budget (hereinafter "OMB") Circular A-133, "Audits of Institutions of Higher Learning and Other Non- Profit Institutions." SUB-RECIPIENT shall submit to CITY one copy of said audit report. SUB- RECIPIENT shall permit the authorized representatives of CITY, HUD and the Comptroller General of the United States to inspect and audit all data and reports of the SUB-RECIPIENT relating to its performance under the Agreement. J. SUB-RECIPIENT and CITY shall at all times observe and comply with Title 24 CFR Part 570 and all applicable laws, ordinances or regulations of the Federal, State, County, and local government, which may in any manner affect the performance of this Agreement. K. SUB-RECIPIENT shall transfer to CITY any unused CDBG funds and submit all billings attributable to this Project at the time this Agreement expires. L. SUB-RECIPIENT will ensure that any real property under the SUB-RECIPIENT's control that was acquired and/or improved in whole or in part with CDBG funds in excess of$25,000 is used exclusively for the benefit of low and moderate income persons as defined by HUD, for a period of 10 years after the expiration of this agreement. M. If during the 10 year period after the expiration of this Agreement, SUB-RECIPIENT disposes of any property under the SUB-RECIPIENT's control that was acquired and/or improved in whole or in part with CDBG funds in excess of$25,000, then SUB-RECIPIENT will reimburse CITY in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property in accordance with 24 CFR 570.503(b)(8)and 24 CFR 570.505. VI. RIGHTS TO SUBCONTRACT A. SUB-RECIPIENT shall not assign, transfer, subcontract or otherwise convey its rights or obligations under this Agreement without the prior written consent of CITY, which consent may be withheld in the CITY'S sole discretion." B. Administration of any subcontracts by SUB-RECIPIENT shall be in conformance with 24 CFR Part 570.200(d)(2)and Part 85.36. VII. SUB-RECIPIENT'S AUTHORIZATION TO ACCEPT PROPOSALS A. After CITY has received notification that funds for the PROJECT have been released by HUD, SUB-RECIPIENT shall be authorized to accept the proposal of any subcontractor for the PROJECT. VIII. BILLING PROCEDURE A. Upon Release of Grant Funds by HUD for the PROJECT, CITY shall make disbursements to the SUB-RECIPIENT as either reimbursement for advances made by SUB-RECIPIENT or as advances for specific cash requirements of SUB-RECIPIENT for the PROJECT. All claims of Page 4 of 16 SUB-RECIPIENT, whether for reimbursement or advancement, shall comply with the following requirements: 1. SUB-RECIPIENT shall submit a listing of all disbursements of CDBG Funds, on a form provided by the CITY. 2. Any claim for advancement of CDBG Funds shall be limited to an amount necessary for SUB-RECIPIENT to meet specific cash requirements for the PROJECT and shall be disbursed by SUB-RECIPIENT within three (3) working days of receipt by SUB- RECIPIENT. 3. Any request for reimbursement or advancement pertaining to work under contracts from SUB-RECIPIENT shall include the following: a. For interim payments to contractors and subcontractors, certification that the work for which payment is requested has been performed and is in place and to the best of SUB-RECIPIENT'S knowledge, information and belief that, the quality of such work is in accordance with the contract and subcontracts, subject to: (i) any evaluation of such work as a functioning PROJECT upon substantial completion; (ii) the results of any subsequent tests permitted by the subcontract; and (iii) any defects or deficiencies not readily apparent upon inspection of the work; and b. For final payment, that the work has been performed in a satisfactory manner and in conformance with the contract. 4. Processing of all requests for payment shall be contingent upon the submission of the required documentation by the contractor and subcontractor to the CITY that fully complies with federal labor standards, uniform relocation act or any other applicable federal, state, or local statutes, rules or regulations. 5. SUB-RECIPIENT shall forward to the CITY all billings, vouchers, and other documents representing any accounts payable, in such timely and reasonable manner as both parties shall determine; provided, however, that in no event shall such documents be forwarded to the CITY later than twenty-one (21) days after SUB-RECIPIENT'S receipt of such documents. 6. SUB-RECIPIENT shall cooperate with the CITY to facilitate the maintenance of financial records by the CITY as required by Title 24 CFR 85. B. Upon submission of an acceptable claim for Grant Funds, CITY shall process such claim and shall approve such claim for payment following approval by the City's Community Development Department, for compliance with this Agreement and applicable MUD requirements. C. Except as provided for in Sections X and XI hereof, CITY shall pay all required payments against eligible project costs, as described in Section II.B, incurred by SUB-RECIPIENT under this Agreement. IX. ADMINISTRATION AND REPORTING REQUIREMENTS A. SUB-RECIPIENT shall administer the Grant Funds in conformance with the regulations,policies, Page 5 of 16 guidelines and requirements of OMB Circular numbers A-110, and A-122, as they relate to the acceptance and use of federal funds for the PROJECT. B. SUB-RECIPIENT shall submit all required information to show compliance with applicable laws, rules and regulations, as specified in this Agreement and shall submit to CITY a quarterly progress report, by the 10`x' day following the end of the preceding quarter. Other reporting requirements are specified in Exhibit"B" attached hereto and made a part of this Agreement. X. TERMINATION OF AGREEMENT OR SUSPENSION OF PAYMENT A. During the implementation of the PROJECT, CITY may terminate this Agreement or may suspend payment of Grant Funds to SUB-RECIPIENT for SUB-RECIPIENT'S substantial breach of the Agreement, abandonment of the PROJECT or occurrence rendering impossible the performance by SUB-RECIPIENT of this Agreement. B. During the implementation of the PROJECT, CITY may suspend payments of Grant Funds, due to use of funds in a manner unrelated to SUB-RECIPIENT's performing the PROJECT, failure by SUB-RECIPIENT in submitting supporting information or documentation for a claim, submission by SUB-RECIPIENT of incorrect or incomplete reports, or SUB-RECIPIENT'S suspension of its pursuit of the PROJECT. C. In the event CITY elects to terminate this Agreement or to suspend payments, for any reason stated hereinabove in paragraph A and B of this Section X, it shall notify the SUB-RECIPIENT, in writing, of such action, specifying the particular deficiency, at least five (5) working days in advance of any such action and establishing a time and a place for SUB-RECIPIENT to refute the alleged deficiency at a time prior to CITY's taking such action. After allowing SUB-RECIPIENT the opportunity to refute or correct the alleged deficiency, if the alleged deficiency continues to exist, in the reasonable opinion of CITY, CITY may withhold payment of the Grant Funds until such time as the violation or breach is remedied. No action taken or withheld by CITY under this paragraph shall relieve the SUB-RECIPIENT of its liability to CITY for any funds expended in violation of any of the terms of this Agreement. D. Unless terminated pursuant to the provisions of paragraph X herein, this agreement shall terminate on June 1, 2015. XI. REMEDIES A. To the fullest extent permitted by law, SUB-RECIPIENT agrees to and shall indemnify, defend and hold harmless CITY, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or any and all other relief of liability arising out of or resulting from or through, or alleged to arise out of, any breach of this agreement; misuse or misapplication of funds derived pursuant to this agreement by SUB- RECIPIENT; violation of any statutes, rules and regulations, directly or indirectly, by SUB- RECIPIENT and/or any of its agents or representatives; or any negligent acts or omissions of SUB-RECIPIENT or of SUB-RECIPIENT's officers, employees,agents 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. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. Page 6 of 16 B. In the event of loss of approved Grant Funds for the PROJECT as a result of any violation or breach of this Agreement by CITY, misuse or misapplication of funds received from HUD unrelated to the PROJECT,or any violation of the statutes, rules and regulations of HUD,directly or indirectly, CITY and/or any of its agents or representatives, CITY's liability to SUB- RECIPIENT shall be limited to any funds which have previously been provided to SUB- RECIPIENT pursuant to this agreement. SUB-RECIPIENT hereby waives and releases CITY from any and all other liability pursuant to any such breach, misuse, misapplication or violation of statutes, rules or regulations. C. In the event HUD, or any other federal agency, makes any claim which would give rise to invoking the remedy provisions, as set forth in paragraphs A or B of this Section XI, then CITY or SUB-RECIPIENT shall immediately notify the other party, in writing, providing the full details of the alleged violation. To the extent that any such matter is not subject to exclusive federal jurisdiction, venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement between CITY and SUB-RECIPIENT shall be in the Circuit Court of Kane County,Illinois. D. In addition to any other remedies available to CITY, if CITY has lost or been prevented from receiving any federal funds, other than the Grant Funds, as a result of any alleged violation of law or other breach of this Agreement by SUB-RECIPIENT, SUB-RECIPIENT shall repay, upon demand by CITY, such amount of Grant Finds previously disbursed or allegedly due to SUB- RECIPIENT. XII. TIMELINESS A. Time is of the essence of this agreement. SUB-RECIPIENT shall meet the schedule deadlines listed below. Any milestone which SUB-RECIPIENT does not achieve within two months of the date listed will result in SUB-RECIPIENT submitting a revised implementation schedule for approval by the City's Community Development Staff. Failure to achieve these deadlines may result in the loss or reduction of grant funds at the CITY'S discretion. Actions Date 1. Provide Emergency Shelter June 1, 2014-May 31, 2015 2. Provide Case Management June 1, 2014-May 31, 2015 3. Rental Reimbursement June 1, 2014-May 31, 2015 B. Total Number of Months Required for Project Completion 12 Months XIII. MISCELLANEOUS PROVISIONS A. AMENDMENTS - This Agreement constitutes the entire Agreement between the parties hereto. Any proposed change in this Agreement shall be submitted to the other party for prior approval. No modifications, additions, deletions, or the like, to this Agreement shall be effective unless and until such changes are executed, in writing, by the authorized officers of each party. B. SUBJECT TO FINANCIAL ASSISTANCE AGREEMENT - This Agreement is made subject to Page 7 of 16 financial assistance agreements between CITY and the United States Department of Housing and Urban Development, with the rights and remedies of the parties hereto being in accordance with any such agreements. C. ASSIGNMENT-except as provided in Section VI hereof, SUB-RECIPIENT shall not assign this Agreement or any part thereof and SUB-RECIPIENT shall not transfer or assign any Grant Funds or claims due or to become due hereunder, without the written approval of CITY having first been obtained. D. ATTORNEY'S OPINION - If requested, SUB-RECIPIENT shall provide an opinion of its attorney, in a form reasonably satisfactory to CITY, that all steps necessary to adopt this Agreement, in a manner binding upon SUB-RECIPIENT, have been taken by SUB-RECIPIENT, and that SUB-RECIPIENT is in compliance with applicable local, state and federal statues, rules and regulations for the purpose of complying with this Agreement. E. HEADINGS - The section headings of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement, and should be ignored in construing or interpreting this Agreement. F. The terms of this Agreement shall be severable. In the event 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. G. This Agreement shall not be construed to create a joint venture, partnership, employment or other agency relationship between the parties hereto. H. Venue for the resolution of any disputes or the enforcement of any rights between the parties hereto arising out of or in connection with the terms and provisions of this Agreement shall be in the Circuit Court of Kane County, Illinois. Page 8 of 16 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates recited below. CITY OF ELGIN, an Illinois Municipal Corporation BY: �� Sean R. Stegall, City Manage DATE: October 8, 2014 ATTEST: Kimberly A. Dewis,City Clerk SUB-RECIPIENT: Wayside Cross Ministries for Not for Profit 1732 Berkley Street, Elgin,Illinois, 60123 BY: \l (/') Phil Wood, Director DATE: ?0//, ATTES FNOTAOFFICIAL SEAL. RY�ANDRA L KOLM PUBLIC-STATE OF ILLINOIS MMISSION EXPIRES:10117/15 Page 9 of 16 6/12/2014 ApplD 25457 ELGIN THE CITY IN THE SUBURBS' Powered b y ZoomGrantsTM City of Elgin Community Development Department $774,315.00 Available City of Elgin 2014 CDBG Program Year. 1/8/2014 Deadline Elgin Wayside Center Application Status: Elgin Wayside Center (EWC) - An Extended Undecided Hand to the Community $ 50,372.00 Requested Applicant Information 6gin Wayside Center Application Contact 1732 Berkley Street Pamela Keith Applicant History Bgin,IL 60123 Pkeift@w aysidecross.oro Tel:630-723-3414 (previous Tel:847-695-4405 x305 applications Fax:847-695-4657 Director from this applicant) Web: Phil Wood http://www.waysidecross.org/elgin/index.php gwood(d).waysidecross.org ON:36-2167950 DUNS:025998832 Additional Contacts 6-nail Addresses,separated by comma i Application ID:25457 Become a fan of ZoomGrants-on Facebook Problems?Contact us at Questions ZoomGrants.com 02007-2014 Granftalyst.com All rights reserved. "ZoomGrants"and the ZoomGrants logo are tradernarls of GranlAnalyst.com,LLC. Loa oul https://zoomgrants.comJrapp.asp?rfpid=371&propid=25457&dtype=&f= 1/1 611212014 ApplD 25457 ELGIN THE CITY IN THE SUBURBS' Powered byZoom Grants TM City of Bgin Community Development Department $774,315.00 Available City of Elgin 2014 CDBG Program Year. 1/8/2014 Deadline FJgin Wayside Center Application Status: Elgin Wayside Center (EWC) - An Undecided Extended Hand to the Community $50,372.00 Requested Application Questions 1 This project is located in Census Tract(s):If only one census tract/block group, please insert"NA"in remaining census tract spaces. Please visit the American Fact Finder website, mw./acffinder2.census.gov1 for the Census Tract information.(You may want to cut and paste the following link which will allow you to search by street address:http://factfinder2.census.gov/faces/na) 8519.081 Census Tract 1 - I Block Group 1 NA;Census Tract 2 NA!Block Group 2 N Cons ust Tract 3 NA,Block Group 3 2 Project Funding Request(Your project should fall within one of the specific categories.If you select"Other",please provide an explanation. Check the category, which describes the type of funding requested. Note:Projects must have a minimum budget of$25,000. 0 Acquisition of Real Property 0 Disposition of Real Property 0 Public Facilities and Improvements (e.g., homeless shelter,water and sewer facilities, flood and drainage improvements,fire protection facilities/equipment,community,senior and health centers,parking,streets,curbs,gutters and sidewalks, parks and playgrounds.) 0 Privately-Ow ned Utilities 0 Public Service(i.e.,rental reimbursement,educational programming expenses,or an increase in the level of a service) 0 Relocation Payments and Assistance to Displaced Persons 0 Removal of Architectural Barriers, Handicapped Accessibility 0 Housing Rehabilitation 0 Commercial or Industrial Rehabilitation, including facade improvements and correction of code violations. https://zoongrants.comVrapp.asp?rfpid=371&propid--25457&dtype=&f-- 1/5 6/1212014 ApplD 25457 0 Special Economic Development or assistance to micro-enterprises. 0 Other: 3 Please identify the National Objective(s)your Activity meets: For descriptions of each Objective,please review p. 7 of the Citys 2014 Citizen Participation Plan and Project Proposal Instructions at wwwci1yofe1gin.org 12014CDBG. 2 Benefits Low/Moderate-Income Residents 0 Prevents or Biminates SlurntBlight Conditions 0 Qualifies as a certified urgent need 4 Check all statements that describe HOW this project or activity meets one of the National Objectives below: 0 UM Area Benefit:the project meets the identified needs of UM income persons residing in an area w here at least 51%of those residents are UM income persons.The benefits of this type of activity are available to all persons in the area regardless of income. Examples:street improvements,water/sewer lines, neighborhood facilities,facade improvements in neighborhood commercial districts. © UM Limited Clientele:the project benefits a specific group of people(rather than all the residents in a particular area),at least 51%of w hom are UM income persons.The following groups are presumed to be UM:abused children,elderly persons, battered spouses,homeless, handicapped, illiterate persons. Examples:construction of a senior center, public services for the homeless,meals on wheels for elderly,construction of job training facilities for the handicapped. 0 UM Housing:the project adds or improves permanent residential structures that w ill be occupied by UM income households upon completion. Housing can be either ow ner or renter occupied units in either one family or mufti-family structures. Rental units for UM income persons must be occupied at affordable rents.Examples:acquisition of property for permanent housing, rehabilitation of permanent housing,conversion of non-residential structures into permanent housing. 0 UM Jobs:the project creates or retains permanent jobs,at least 51%of w hich are taken by UM income persons or considered to be available to UM income persons. Examples:loans to pay for the expansion of a factory,assistance to a business w hich has publicly announced its intention to close w/resultant loss of jobs,a majority of which are held by UM persons. 0 McroEnterprise Assistance:the project assists in the establishment of a microenterprise or assists persons developing a microenterprise. (A microenterprise is defined as having five or few er employees,one or more of w hom ow ns the business.) This activity must benefit low/moderate income persons,area or jobs as defined in previous sections. 0 Slum or Blighted Area:the project is in a designated slurnIbblight area and the result of this project addresses one or more of the conditions that qualified the area. 0 Spot Blight:the project w ill prevent or eliminate specif is conditions of blight or physical decay outside a slum area.Activities are limited to clearance,historic preservation, rehabilitation of buildings, but only to extent necessary to eliminate conditions detrimental to public health and safety. Examples: historic preservation of a public facility threatening public safety,demolition of a deteriorated,abandoned building. 5 How will the program's eligibility for CDBG funding be established? 0 Limited Clientele Presumed eligible(severely disabled adults,abused children, battered spouses or homeless) 6 Please answer the following Low to Moderate Income (LMI) questions: Please indicate the number. 250,What is the total estimated number of persons to be served by this project? 256 What is the total estimated number of LMI persons to be served by this project? https://zoorng rants.coryVrapp.asp?rfpid=371&propid=25457&dtype=&f= 215 6/122014 ApplD 25457 100 What is the anticipated percentage of LNII persons to be served by this -- project? Homeless Who is your targeted population?(i.e.,severely disabled adults,abused children,battered spouses or homeless,etc.) 7 Provide a one-sentence summary of your organization's mission and work. To honor God by loving and serving the afflicted and powerless,through sharing the Gospel of forgiveness and hope in Jesus Christ, by empowering them to be disciples of Christ.We carry out our mission w ithout regard to age,religion,sex,race,etc. 8 Describe your program.Be specific about the activities/services provided, days/times of services and the frequency and duration of services received by the average client or participant. Our shelter program provides food, shelter,and supportive services to men,women,and families during the daytime that are homeless or the working poor in Bgin, Illinois.We serve as a daytime drop-in center where homeless men,women,and children find respite from the often harsh Mdw estern weather,while utilizing practical services such as laundry facilities, incoming mail,job readiness assistance,computer courses,internet and email access, housing location assistance, as well as life-transforming services including life skills, counseling, mental health screening, mentoring,and optional Bible studies. We provide these services to clients 8 am—4 pm, Monday through Saturday,w ithout any frequency restrictions. 9 Where (address/location)will your program take place? EWC is located in the same facility as Bgin PADS at 1732 Berkley Street in Bgin, Illinois 60123 10 Is the facility and program in compliance with the Americans with Disabilities Act? 0 Yes O No 11 If"no,"explain what areas are not compliant and what accommodations are made for individuals with disabilities.Describe your organization's experience making such accommodations. NA 12 Describe the existing problems or conditions to be corrected by the proposed activity.Identify the persons affected by these conditions.Explain how the project benefits low and moderate income people. Our program benefits individuals that are considered by HUD as a part of the presumed benefit category,they are homeless.The existing problem that we are facing is w ith paying the shelter's rent.The population that is affected by this problem are homeless men,women, and families. Our project benef its the homeless that are poor and the w orking poor by providing them w ith food,shelter,and services during the daytime hours that will help increase their quality of life. 13 The City of Bgin has identified eight strategic planning priorities to guide its vision to become THE CITY INTHESUBURBS. Please check all applicable priorities to your project. For descriptions of the goals,please refer to the Citizens Participation Plan(pg. 14)or visit www.cityofelgin.org/index.as px?ni d=1726. 9) Public Safety 0 Neighborhoods 0 Financial Stewardship 0 Economic Development Dow ntow n httImJ/zoomgrants.comhapp.asp?rfpid=371&propid=25457&dtype=&f= 36 6/12/2014 ApplD 25457 O 0 Education&Workforce Development O Diverse Workforce O Image&Engagement 14 List ALL CDBG grants you have received.Please include Project Year,Project Name,and Grant Amount. Example:2013:HVAC Replacement, $50,000 2011 Shelter's Rent,48,904 2012 Shelter's Rent,$48,904 2013 Shelter's Rent,$25,000 15 Oftentimes projects that are approved for CDBG funding may be awarded less than the amount originally requested.Will your organization still proceed with the project if funds are not awarded,or if your project is only partially approved? 0 Yes O No 16 Please provide the project's goal.Describe in quantifiable terms the goal(s)to be achieved by your project during the proposed funding period,and how the recipients of your services will be benefited or changed. Example: To enhance the basement recreational area and to improve the safety for 10 low- income and developmentally disabled individuals residing in the John Doe Group Home. Our proposed project's goal is to improve the quality of life for the homeless in Elgin by providing food, shelter,and other supportive services to over 200 clients.Our project benefits our clients by providing assistance during the daytime. 17 Please provide your project's objective.(One sentence only.) Example:To construct a bathrooms and install a sprinkler system throughout the house for 10 low-income and developmentally disabled individuals. We w ill carryout our above goal by raising enough funds to pay for the overhead expenses that are incurred through day-to-day shelter operations (rent included). 18 Please provide your project's measurable objective(s). Example:To provide a safe, affordable,permanent supportive housing for 10 low-income individuals with disabilities who are working towards greater independence and community inclusion. To provide safe daytime shelter for 100%of our clients,supportive services for 30%of our clients that are w orking tow and becoming self-sufficient,and food for 100%of our clients year-round. 19 Please indicate whether you are the designated CDBG project manager. If"Other"please provide the name of the designated staff member and title. O Yes R) Other: Phil Wood, Director 20 Please indicate yours or your CDBG project manager's CDBG grants management experience.Please identify experience by number of years.If none, input"0". Phil Wood has over 25-years of providing pastoral care and supportive services to the community. He has over three-years of managing the City of Elgin's CDBG. 21 Are you or your project manager familiar with HUD's regulations as they relate to procurement,contractors (Davis-Bacon Act),low to moderate income data reporting? https://zoomgrants.corrVrapp.asp?rfpid=371&propid=25457&dtype=&f= 4/5 6/1212014 ApplD 25457 Yes 0 No 22 The following question is related to environmental review as per HUD's standards.Please select all relevant statements. Please note that pending project activities, HUD's environmental review policies may require additional documentation. The awarded organization will be responsible for all expenses related to fulfilling HUD's environmental clearance requirements. 0 The project site is a local(landmark and/or located w ithin an historic district),state or National Register property. 0 The project site is located w ithin a flood zone of floodplain. 0 The project site w ill involve demolition of an existing structure. 0 The project will result in an expansion of the facility. 2) None of the above. 23 Oftentimes projects that are approved for CDBG funding may be awarded less than the amount originally requested.Will your organization still proceed with the project if funds are not awarded OR if your project is only partially approved? 2 Yes 0 No 24 If funded a reduced amount,please describe how this would affect the implementation of your project.If your project is a multi-phase project,please provide details as to how the project will continue if CDBG funds are not available in future years If project cannot move forward with reduced funding,please indicate that the "Project will not be completed without full CDBG funding request." If the City of Bgin is unable to aw and us the entire amount of our grant request,w e w ill be grateful for any amount that w e receive. 9 w e are not aw arded the entire amount of our CDBG request,w e w ill seek support from other funders to offset the shortfall. Application ID:25457 Become a fan of ZoomGrants TM on Facebook Problems?Contact us at Questions(o)ZoomGrants.com 02007-2014 GrantAnalystcorrm All rights reserved. "ZoomGrants"and the ZoomGrants logo are trademarks of GrantAnalyst.com,LLC. Loo out https://zoong rants.corr✓rapp.asp?rfpid=371&propi d=25457&dM)e=&f= 515 6/12/2014 AMID 25457 Ili CI � ELGIN THE CITY IN THE SUBURBS- Powered bvZoomGrantSTA° City of Elgin Community Development Department $ 774,315.00 Available- City of Elgin 2014 CDBG Program Year. 1/8/2014 Deadline Elgin Wayside Center Application Status: Elgin Wayside Center (EWC) - An Undecided Extended Hand to the Community $ 50,372.00 Requested Budget Budget Summary CDBG Leveraged Funds 2014 Committed Total Funds Funds Contractual Services (Please specify) Rent 50,372.0 $0.00 $0.00 50,372.00 Other Specify: Total CDBG Request $0.00 $0.00 $0.00 $0.00 Total Other Funds $0.00 $0.00 $0.00 $0.00 Grand Total $0.00 $0.00 $0.00 $0.00 Total $ $0.00 $0.00 $ 50,372.00 50,372.00 Capital Projects Only CDBG Other Non-federal Other federal Total Funds funds funds Land Existing structures Other Acquisition Costs Demolition/Clearance New construction Rehabilitation Performance bond premium Construction contingency Architect Fees Engineering fees Other Architect/Engineering fees Appraisal fees Survey Soil boring/environmentaVLBP evaluation Tap fees and impact fees Permitting fees Legal fees https://zoorrg rants.comhapp.asp?rfpid=371&propi d=25457&dtype=&f= 1/2 6/1212014 AppID 25457 Developer fees Project reserves Grand Total Total $0.00 $ 0.00 $0.00 $0.00 Budget Narrative EWC has the capacity to successfully carry out the proposed project and has been in existence since 1993. We have been partnering w ith the City of Bgin for a number of years,in meeting the needs of those that are less fortunate in Bgin. EWC has received rent reimbursement from the City in the past to help provide support to Bgin's homeless population. 9 EWC does not receive funding from the City of Bgin during the CDBG 2014 grant period,w e w ill seek support from other funders. The cost of the rent has gone up for EWC,and our request reflects this increase. Application ID:25457 Become a fan of ZoomGrantsTI on Facebook Problems?Contact us at Questions(i)ZoomGrants.com ©2007-2014 GrantAnalystcom All rights reserved. "ZoomGranis"and the ZoomGrants logo are tradernaft of GrantAnalyst.com,LLC. Loo out https://zoomg rants.corTirapp.asp?rfpid=371&propid=25457&dtype=&f= 212 COMMERCIAL BOILDING SUBLEASE THIS LEASE AGREEMENT executed this _29th_ day of,_June 2012, by and between P.A.D.S. OF ELGIN, INC., an Illinois not-for-profit corporation (hereinafter referred to as "Lessor") and Wayside Cross Ministries an Illinois not-for-profit corporation (hereinafter referred to as "Lessee"). Berkley Court Properties, L.L.C. will hereinafter be referred to as "owner". WITNESSETH: Article 1. PREMISES. Lessor, for and in consideration of the covenants and agreements hereinafter mentioned to be kept and performed by Lessee, hereby leases to Lessee a portion of the real estate commonly known as 1130 Berkley Court, Elgin, Illinois, and legally described in Exhibit "A" attached hereto and made a part hereof together with the benefit of all easements appurtenant thereto ('Building'j. That portion of the Building being leased hereunder is identified as two offices in Unit A (Director's office and shared office) and shared smoking area; Unit B (minus one storage room) and shared conference room, computer networking, laundry and shower rooms, this is approximately thirty percent (30'/0) of the Building, a depiction of which is attached hereto as Exhibit B which shall hereinafter be referred to as the "Leased Premises." Article 2. TERM. 2.1 The original term of the Lease shall be for five (5) years 2.2 Lessee shall have the right to request an extension of this Lease for two (2) additional periods of five (5) lease years, provided it gives written notice thereof to Lessor at least six (6) months prior to the inception of each such additional period. Such extensions shall be dependent upon concurrence of Lessor and shall be exercisable only if Lessee is in good standing and all rents payable hereunder have been paid in full up to the date that the notice of extension is given. Article 3. BASE RENT. 3.1 Lessee agrees to pay $3,180 to Lessor (45% of Lessees rent), as rent covering shared space in Units A&B of the Leased Premises for 2012. During a term of four and half(4.5) years, rent is payable monthly on the first day of each month. The base rent shall be increased on January t of each year by three percent (3%) per annum during any additional lease years: MONTHLY RENTAL RATE 2012 (6 months) $3180 2013 $3275 2014 $3373 2015 $3474 2016 $3578 3.2 Lessee agrees to pay $816 to Lessor (60A of Lessor's rent), as rent covering shared space in Unit C of the Leased Premises for 2012. During a term of four and half(4.5) years, rent is payable monthly on the first day of each month. The base rent shall be increased on January t of each + year to the rated fisted below: i I 1 MO. RENTAL RATE (unit C) UNIT C TOTAL A, B & C 2012 (6 months) $816 $3996 2013 $840 $4115 2014 $866 $4239 2015 $892 $4366 2016 $918 $4498 Article 4. USE OF PREMISES. 4.1 Subject to the succeeding paragraphs of this Article 4, Lessee may use the Leased Premises for the following purpose: To provide daytime social services to disadvantaged and homeless persons including, but not limited to those described on the Exhibit D. 4.2 Lessee, agrees that, at all times during the term of this Lease, Lessee's use and occupancy of the Leased Premises shall conform to and comply with, at its own expense, all laws, ordinances and governmental regulations applicable to the Leased Premises including, but not limited to, all zoning ordinances, building codes and all pollution control laws, regulations and ordinances, and the conduct of Lessee's business therein shall at all times be in conformity with the requirements of all carriers of insurance on the Leased Premises. 4.3 Lessee will not allow the Leased Premises to be used for any purpose that will invalidate any insurance, and will not load floors with machinery or goods beyond the floor load rating prescribed by applicable municipal ordinances. Lessee will not permit the Leased Premises to be used for any unlawful purpose or for any purpose which constitutes a public or private nuisance or for any purpose that will increase the fire hazard of the Leased Premises, or discharge any pollutants into the sanitary sewage or storm sewer systems of the Leased Premises in contravention of applicable laws, ordinances or regulations, or disturb the neighborhood. Lessee agrees to maintain sufficient security and internal procedure such as to prevent the Lessee's occupants from interfering with other tenants' use and enjoyment of the Building and the parking facilities. Lessee agrees to maintain sufficient security and internal procedure to prohibit any loitering by Lessee's occupants in and about the Leased Premises and the adjoining walkways. 4.4 Lessee shall not commit, nor shall Lessee permit the committing of, any waste, nuisance, the emitting of any objectionable noise or odor, nor the sale, display, distribution er regular dispensing of any alcoholic liquors or beverages in or on the Leased Premises, 4.5 Lessee, along with PADS, shall have the shared use of twenty (20) parking spaces situated on the Leased Premises as follows: (i) eight (8) spaces east and adjacent of Leased Premises and (ii) twelve (12) spaces in the north parking lot. If the Lessee needs additional parking spaces, parking spaces in the rear of the building may be available. If Lessee needs additional parking spaces, the building owner shall strive to make them available to Lessee. Lessee shall pay Ten Dollars ($10.00) per month per space for such additional parking spaces. +t I 2 i 4.6 The Leased Premises are accessed by a common driveway shared with the building situated at 1700 Berkeley, Elgin, Illinois. Lessee shall have the non-exclusive use of any and all driveways and Lessee shall permit others the non-exclusive use of any driveway on the Leased Premises. Article 5. TAXES, ENCUMBRANCES AND INSURANCE COSTS. 5.1 As additional rent for the Leased Premises, Lessee shall pay, at the times and in the manner hereinafter provided, thirty percent 13%) of the general real estate taxes attributable to the Bailding which are levied and assessed because of an of increase in the real estate tax assessment in excess of its current assessment of Three Hundred Thousand Dollars ($300,000). In addition, Lessee shall pay as additional rent for the Leased Premises thirty percent (30'/0) of any special assessment or other imposition, ordinary or extraordinary of every kind whatsoever which may be levied and assessed upon the Real Estate. Lessee shall pay such real estate taxes at such time as the tax bills come due. 5.2 Lessee shall pay to the Lessor as additional rent for the Leased Premises thirty percent (30%) of any excess in premiums for casualty and liability insurance (with all endorsements) paid annually by building owner during the Lease term over the amount of Three Thousand Seven Hundred Thirteen and 50/100 ($3,713.50), (2006 insurance payment) which is incorporated in the Base Rent. Lessee shall be obligated to pay its share of only those annual premiums that relate to insurance coverage during the term of this Lease. Lessee's share of such excess premiums shall be paid by Lessee to Lessor within ten (10) days after Lessor bills Lessee therefore semi-annually. Article 6. INSURANCE. 6.1 At all times during the term of this Lease, Lessee, shall, with respect to the Leased Premises and Lessee's business operation thereon, procure and maintain, at Lessee's sole cost and expense, a policy or policies of insurance expressly insuring Lessor and building owner (Berkley Court Properties, LLC) as additional named insureds, as follows: Comprehensive General Public Liability Insurance against claims for personal injury, death or property damage occurring in connection with the use and occupancy of the Leased Premises, with a combined single limit of liability not less than One million Dollars ($1,000,000.00); 62 With respect to the aforementioned policies of insurance which Lessee is required to procure and maintain hereunder. A certificate of insurance shall be furnished to Lessor, If Lessee furnishes any insurance in the form of a Blanket Policy, it will furnish satisfactory proof that such Blanket Policy complies in all respect to the provisions of this Lease and the coverage that would be provided under a separate policy covering only the Leased Premises; Each such policy shall be issued by insurers of recognized responsibility licensed to do business in the State of Illinois and acceptable to building owner. 6.3 Lessor and Lessee each hereby waive all claims for recovery or from the other or rights of subrogation against the other for any loss or damage to the Leased Premises except as may be otherwise provided in 3 I this Lease or to the contents of the building located on said Leased Premises where such loss or damage is insured by a valid and collectible insurance policy but only to the extent of any amount recovered from such insurer with respect to such loss; subject to the condition that this waiver shall be effective only when the waiver is permitted by such insurance policy and does not invalidate same. Article 7. RENOVATION OF PREMISES. 7.1 The Lessor and the Lessee acknowledge that renovation aid alterations to the Leased Premises are required to accommodate Lessee's use of the Leased Premises for its intended purpose. The Lessor has agreed to fund initial renovations, including HVAC, to be completed prior to lessee occupying building. Unit B will be in move-in condition. Lessor will provide video monitors for the 1730 entrance and adjacent hallway. Unit C will have Heating unit installed, but otherwise be in "as is" condition. Lessor and building owner shall have the right to approve any and all alteration to be made by Lessee in or about the Leased Premises. 7.2 Attached hereto as Exhibit C is a general plan for the initial remodeling of the Leased Premises and the parties agree to abide by such plan. 7.3 Lessor and owner shall be responsible for complying with all municipal building codes and ordinances, including without limitation, the American Disability Act, all heating, air conditioning,ventilation, electrical, plumbing and mechanical systems will be delivered in good operating condition and in compliance with all municipal and other building codes. Article 8. CONDITION, MAINTENANCE AND REPAIRS. 8.1 Lessee will provide resources acceptable to PADS or pay 50%of the repair and maintenance of the Leased Premises, including its component parts and mechanical systems all interior plumbing equipment and water pipes, sewer and gas pipes, drains, fixtures, lighting, electrical, heating, air-conditioning, cooling and refrigeration equipment and all other equipment, apparatus and appurtenances to the Leased Premises and will keep the Leased Premises in a clean, healthful and safe condition and in accordance and in compliance with all applicable laws, ordinances aid other governmental regulations, order and directions during the term of this Lease. 8.2 Any damage to, or destruction of, or repairs or replacements necessary to the Leased Premises directly or indirectly occasioned by or attributable to any act or omission of Lessee or any agent, servant, employee, or invitee or Lessee shall be promptly repaired, restored or replaced by Lessee at Lessee's sole cost and expense. Should Lessee fail or neglect to make such repairs, restoration or replacement promptly with or without notice from Lessor to do so, Lessor shall have the right to make all such necessary repairs, restorations or replacements at Lessee's expense and the costs of such, together with interest thereon as hereafter provided, shall become additional rent payable in full on the first day of the month following the completion of such repairs, restoration or replacements. 8.3 Building owner shall provide to PADS and Lessee the following services Refuse removal. 4 Real estate tax protest. Fire alarm monitoring, maintenance and repair and telephone line. Snow plowing and salting. Landscaping. Common area utilities. Exterior lighting maintenance. Parking lot sealing and coating expense and stripping expense. Me sprinkler test. Back flow preventer test. Lessee agrees to pay thirty percent (30%) of such costs as are related to the Building- Common Area Maintenance (CAIN. At the present time Lessee's share of such costs would be Eighteen Hundred sixty two Dollars ($1,862) per year(2001). Building owner reserves the right to adjust the aforementioned figure to reflect annual increase in costs. Lessor shall invoice Lessee for such common area expense semi-annually. Lessor to provide Lessee with owner's receipts for charges paid for all of said services upon reasonable request. Lessee shall have the right to audit payments for all expenses listed herein. Article 9. UTILITY CHARGES. Lessee will, in addition to the rent above specified, pay 50% of all water and sewer charges, taxes or rents, heating and air conditioning energy costs, gas, electric, light and power bill and other utility bills levied on the Leased Premises. Article 10. ALTERATIONS AND IIYIPROV VENTS. 10.1 Except as otherwise permitted herein, Lessee shall not, during the term of this Lease, make any structural or non-structural alterations, modifications, additions or deletions to or from the Leased Premises (hereinafter"Alternations"j whatsoever, without in each instance the prior written consent of Lessor and building owner. Building owner shall give reasonable consideration to any request of Lessee to make any such Alterations if Lessee first shall have strictly complied with the following terms and conditions. (a) Lessee shall furnish to Lessor plans, specifications and working drawings covering any and all such proposed Alterations, for approval by Lessor, which approval shall not be unreasonably withheld or delayed by Lessor or building owner, so long as (1) such plans, specifications, and working drawings comply with all applicable municipal ordinances, and the rules, regulations and requirements of proper municipal officers promulgated pursuant thereto, (2) the. Alterations contemplated by such plans, specifications and working drawings will not, in the sole discretion of building owner, cause the value or usefulness of the Leased Premises to s diminish or impair the structural integrity of the Leased Premises, and (3) such Alterations will not in building owner's sole discretion, materially change the nature of character of the Leased Premises, will not decrease the desirability of said Leased Premises for future rental, and will not result in same not being in conformity with the existing zoning and building laws, codes, ordinances and regulations. (b) Lessee shall provide Lessor with all required permits, licenses and approvals issued by appropriate governmental units approving all Alterations to be completed. (c) Lessee shall provide Lessor with a schedule showing the total price of doing such Alterations and a detailed breakdown of all costs involved in such work. (d)* Lessee shall provide owner with a contract with a bondable general contractor reasonably acceptable to Owner, needing only Lessee's execution thereon to be binding, pursuant to which said contractor contracts to undertake the Alterations shown in the plans and specifications described in subparagraph (a) hereof for the price described in the schedule provided pursuant to subparagraph (c) hereof. (e)* Lessee shall have demonstrated to owner's satisfaction the source or sources of funds necessary to pay for such Alterations. (t)* Lessee shall furnish Lessor with certificates of insurance from all contractors performing labor or furnishing material insuring Lessor against any and all liability which may arise out of or be connected in any way with such Alterations. i (g) Lessee shall be entitled to make non-structural alternations without the building owner's prior written consent provided that such alteration is made in a commercially reasonable manner and has an aggregate cost not to exceed Five Thousand Dollars ($6,000). *Subparagraphs (d), (e), and (f) will only apply for alterations with aggregate cost over $5,000. 10.2 Any such Alterations performed by Lessee shall be in quality at least equal to the original construction of the Leased Premises when the same was constructed, shall comply with all insurance requirements and shall comply with all applicable laws, regulations, ordinances and codes of all public authorities having jurisdiction thereover, and shall be done free and clear of all liens or claims for liens. Subject to paragraph 10.3 below, all such improvements resulting from such Alterations shall, at the termination or expiration of this Lease, become the property of Lessor and remain with the Leased Premises. 10.3 At the termination of this Lease, whether by lapse of time or otherwise, without compensation, allowance or credit to Lessee, Lessor may, but shall not be obligated to, require Lessee to remove from the Leased Premises any or all improvements and Alterations made by Lessee. If Lessor requests that any of such improvements or Alterations be so removed and Lessee refuses to do so, Lessor may remove or cause the removal of the same and the expense to Lessor therefor, together with interest as hereafter provided shall become so much additional rent due hereunder. Article 11. 110L Lessee may install one (1) exterior sign on the Leased Premises provided it is installed in such a manner to as not to cause damage to walls or structural members of the Building and that same are in compliance with all local graphics, zoning and building ordinances. Article 12. SUMENDER OF PREMISES. I� I 6 i 12.1 Upon the termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of Lessee's right to possession of the Leased Premises, Lessee will at once surrender and deliver upon the Leased Premises, together with all improvements which were located thereon at the inception of this Lease and all improvements placed thereon by Lessee in good condition and repair, (reasonable wear and tear which is not required to be repaired by Lessee elsewhere in this Lease excepted). Said improvements shall include all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment and articles of personal property used in the operation of the Leased Premises (as distinguished from operations incident to the business of lessee.), together with all duct work. All additions, hardware, non-trade fixtures and all improvements, temporary or permanent, in or upon the Leased Premises upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Lessee, except that Lessor may require the removal of all improvements made by Lessee as provided elsewhere in this Lease. 122 Upon the termination of this Lease by lapse of time, Lessee may remove Lessee's trade fixtures and all of Lessee's personal property and equipment, provided, however, that Lessee shall repair any injury or damage to the Leased Premises which may result from such removals. If Lessee does not remove Lessee's furniture, machinery, trade fixtures and all other items of personal property of every kind and description from the Leased Premises prior to the end of the term, however ended, Lessor may, at its option, remove the same and deliver the same to any other place of business of Lessee or warehouse the same, and Lessee shall pay the cost of such removal (including the repair or any injury or damage to the Leased Premises resulting from such removal), delivery and warehousing to Lessor on demand, or Lessor may treat such property as having been conveyed to Lessor with this Lease as a Bill of Sale, without further payment or credit by Lessor to Lessee. Article 13. NOTICES. Any notice or permitted under this Lease shall be deemed 'sufficiently given or served if personally delivered or delivered by certified mail (return receipt requested) to the parties as follows and either party may, by like notice, at any time and from time to time designate a different address to which notice shall be sent: If to lessor. PADS of Elgin, Inc. 1730 Berkley Court Elgin, 11 60123 If to Lessee: Wayside Cross Center 1732 Berkley Court Elgin, IL 60123 Any notice mailed by certified mail as required above shall be conclusively deemed to have been received by the addressee on the second business day following the date of such mailing. Article 14. SERDINGS. The headings of the several sections contained herein are for convenience only and do not limit or construe the contents of such sections. Article 15, WARRANTIES OF LESSOR. Lessor represents and warrants (a) Lessor has full power and authority to execute and perform this Lease and to grant the estate demised herein, and (b) that if Lessee shall 7 faithfully perform all of its obligations under the Lease to be performed, Lessee shall peaceably and quietly have, hold and enjoy the Leased Premises and all appurtenances during the full term of this Lease and any renewal hereof. Article 16. AUTHORITY OF LESSEE. Lessee represents and warrants (i) that it has been duly authorized by its shareholders and directors to execute this Lease and to perform the covenants set forth therein and (ii) that a certified copy of such enabling resolutions of said shareholders and directors shall be delivered to Lessor simultaneously with the execution of this Lease by Lessee. Article 17. SECURITY DEPOSIT. To secure the faithful performance by Lessee of all of the covenants, conditions and agreements in this Lease, Lessee shall deposit with Lessor two month's rent. Lessor may apply such security deposit to cure any default by Lessee under the terms of this Lease that may exist from time to time, without prejudice to any other remedy or remedies that the Lessor may have. Upon termination of this Lease, Lessor shall return to Lessee any unused portion of the security deposit within thirty (30) days after the date of termination. i IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date first written above. LESSEE: LESSOR: Way a Cross ffi' ii in'es P.A.D.S OF ELGIN, INC. By: ` By: 'Jattu,3U,.koSit ;'417'/-;0V V EXHIBIT "A" LEGAL DESCRIPTION OF BUILDING The West 151.69 feet of Lot 3, of Block B of Burnidge Brothers industrial Park, Blocks A and B of Unit 1 described in Document 1604022 and 1813338, Elgin Township, Kane County, Illinois. , 1 8 , EXHIBIT B ASSURANCES The SUB-RECIPIENT hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of CDBG funds in accordance with the ACT and City of Elgin policies. Also,the SUB-RECIPIENT certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission to the City and to execute a community development and housing program; 2. Its governing body has duly adopted or passed as an official act, a resolution, motion or similar action authorizing the person identified as the official representative of the SUB-RECIPIENT to execute the Agreement, all understandings and assurances contained herein, and directing the authorization of the person identified as the official representative of the SUB-RECIPIENT to act in connection with the execution of the Agreement and to provide such additional information as may be required. 3. Prior to submission of its application to the City, the SUB-RECIPIENT has: (A) Met the citizen participation requirements of 570.301(b) and has provided citizens with: (1) The estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate income; and (2) Its plan for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assist persons actually displaced as a result of such activities; (B) Prepared its application in accordance with the policies of the City of Elgin and made the application available to the public; 4. The grant will be conducted and administered in compliance with: (A) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352 42 U.S.C. Sec 2000d et seq.) and implementing regulations issued at 24 CFR Part I; (B) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-208), as amended; and that the SUB- RECIPIENT will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (C) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant hereto; (D) Section 3 of the Housing and Urban Development Act of 1968, as amended; (E) Executive Order 11246-Equal Opportunity, as amended by Executive Orders 11375 and 12086, and implementing regulations issued at 41 CFR Chapter 60; (F) Executive Order 11063-Equal Opportunity in Housing, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (G) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and implementing regulations when published in effect; Page 11 of 16 (H) The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and implementing regulations when published for effect; (I) The relocation requirements of Title 11 and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and the implementing regulations at 24 CFR Part 42, as required under 24 CFR 570.606; (J) The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issues to implement such requirements; (K) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11738 relating to the prevention, control and abatement of water pollution; (L) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234); (M) The Fair Housing Act(42 U.S.C. 3601-20); 5. Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with 570.608 and 24 CFR Part 35; and 6. When a grant is in excess of $100,000 it will comply with all applicable standards, orders, or requirements issued under Section 308 of the Clean Air Act(42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulation (40 CFR Part 15), which prohibit the use under nonexempt Federal contracts, grants or loans, of facilities included on the EPA list of Violating Facilities. The provision shall require reporting of violations to the City,HUD, and to the AESOP Assistant Administrator for Enforcement (EN-329). 7. It has developed its application so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight; (the application may also include activities which the SUB-RECIPIENT certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 8. It is following the current City of Elgin Consolidated Plan which has been approved by HUD pursuant to 570.306; and 9. It will not attempt to recover any capital costs of public improvements assisted in whole or in part with funds provided under Section 106 of the ACT or with amount resulting from a guarantee under Section 108 of the ACT by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless: (1) funds received under Section 106 of the ACT are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under Title I of the ACT; or (2) for purposes of assessing any amount against properties owned and occupied by low and moderate income persons, the SUB- RECIPIENT certifies that it lacks sufficient funds received under Section 106 of the ACT to comply with the requirements of subparagraph(1)above. 10. The SUB-RECIPIENT certifies that it will provide a drug-free workplace by: (A) Publishing a statement notifying employees that the unlawful manufacture, distribution, Page 12 of 16 dispensing, possession or use of a controlled substance is prohibited in the SUB-RECIPIENT'S workplace and specifying the actions that will be taken against employees for violation of such prohibition; (B) Establishing a drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The SUB-RECIPIENT'S policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (C) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph(A); (D) Notifying the employee in the statement required by paragraph (A) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; (E) Notifying the City of Elgin's Community Development Department within ten (10) days after receiving notice under subparagraph (D)(2) from an employee or otherwise receiving actual notice of such conviction; (F) Taking one of the following actions, within 30 days of receiving notice under subparagraph (D)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (G) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs(A), (B), (C), (D), (E)and (F). 11. It has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. 12. In regards to lobbying,the SUB-RECIPIENT certifies: (A) No Federal appropriated funds have been paid or will be paid, by or on behalf of the SUB- RECIPIENT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (B) If any funds other than Federal appropriated funds have been paid or will be paid to any person Page 13 of 16 for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (C) The SUB-RECIPIENT shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. Page 14 of 16 EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Community Development Block Grant Program City of Elgin The undersigned understands and agrees that it is a SUB-RECIPIENT of the Community Development Block Grant Program of the City of Elgin. The undersigned also agrees there shall be no discrimination against any employee who is employed in carrying out work from the assistance received from the City of Elgin and the Department of Housing and Urban Development, or against any applicant for such employment, because of race, color, religion, sex, age or national origin, including but not limited to employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The SUB-RECIPIENT further agrees to the following: (1) It will incorporate or cause to be incorporated into any grant contract, loan, grant insurance or guarantee involving Federally assisted construction work, or modification thereof, which is paid for in whole or in part with funds obtained from the Community Development Block Grant program, the language contained in HUD Equal Employment Opportunity Regulations at 42 CFR 130.15(b), in Executive Order 11246, as amended by Executive Orders 11375 and 12006, and implementing regulations issued in 41 CFR Chapter 60. (2) It will be bound by said equal opportunity clause with respect to its own employment practices when it participates in any Community Development Block Grant Program construction. (3) It will assist and cooperate actively with the City of Elgin, the Department of Housing and Urban Development and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor. (4) It will furnish the City of Elgin, the Department of Housing and Urban Development and the Secretary of Labor such information as they may require for the supervision of such compliance, and will otherwise assist the City of Elgin and the Department of Housing and Urban Development in the discharge of primary responsibility for securing compliance. (5) It will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from or who has not demonstrated eligibility for government contracts and federally assisted construction contracts pursuant to the Executive Order. (6) It will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Secretary of Labor, the City of Elgin or the Department of Housing and Urban Development. (7) In the event that SUB-RECIPIENT fails or refuses to comply with the undertaking, the City of Elgin, or the Department of Housing and Urban Development may take any or all of the following actions: cancel, terminate or suspend, in whole or in part, this grant, refrain from extending any further assistance to the SUB-RECIPIENT until satisfactory assurance of future compliance has been received; and refer the case to the Department of Housing and Urban Development for appropriate legal proceedings. Page 15 of 16 SUB-RECIPIENT: Wayside Cross Ministries for Not for Profit 1732 Berkley Street, Elgin,Illinois, 60123 BY: c _ Phil Wood, Director DATE: ATTEST: OFFICIAL SEAL SANDRA L KOLBA NOTARY PUBLIC-STATE OF ILLNIX MY COMMISSION EXPIRES16MINS Page 16 of 16