17-65 Resolution No. 17-65
RESOLUTION
AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT
WITH DONALD J. RAGE AND DIANA M. RAGE
(19-21 Douglas Avenue)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Richard G. Kozal, City Manager,and Kimberly A.Dewis, City Clerk,be and are hereby authorized
and directed to execute a facade improvement program agreement on behalf of the City of Elgin with
Donald J. Rage and Diana M. Rage for the property commonly known as 19-21 Douglas Avenue,a
copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: May 10, 2017
Adopted: May 10, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
CITY OF ELGIN
FACADE IMPROVEMENT PROGRAM AGREEMENT
(19-21 Douglas Avenue)
THIS AGREEMENT is made and entered into this 10th day of May ,2017,
by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as
"City"), and Donald J. Rage and Diana M. Rage (hereinafter referred to as "Owners").
WHEREAS, the City has established a facade improvement program whereby owners of
property or businesses located within the center city district and specified nearby areas(hereinafter
referred to as"Rehabilitation Areas")who complete facade improvements may receive a grant from
the City for a portion of the cost thereof(hereinafter referred to as the "City Facade Improvement
Program"); and
WHEREAS, the purposes of the City Facade Improvement Program are to control and
prevent blight, dilapidation and deterioration of the Rehabilitation Areas, to encourage further
investment and redevelopment in the Rehabilitation Areas and to increase property values within the
Rehabilitation Areas; and
WHEREAS, the Owners are the owner of the subject commercial building(s) and of the
property commonly known as 19-21 Douglas Avenue,Elgin,Illinois(hereinafter referred to as the
"Subject Property"); and
WHEREAS,the Subject Property is located within the Rehabilitation Areas identified in the
City Facade Improvement Program; and
WHEREAS,the City of Elgin is a home rule unit and may exercise any power and perform
any function pertaining to its governmental affairs; and
WHEREAS,the City Facade Improvement Program,which will control and prevent blight,
dilapidation and deterioration of the Rehabilitation Areas, encourage further investment and
redevelopment within the Rehabilitation Areas and increase property values within the
Rehabilitation Areas, are matters pertaining to the governmental affairs of the City;and
WHEREAS, Owners have requested to the City to participate in the City Facade
Improvement Program for the Subject Property.
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(s)on the Subject Property
shall be $74,500 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(s)is hereinafter referred to as the"Structure"). The City shall pay the Owners a sum
not to exceed $26,075, being thirty-five percent (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 Owners,who shall provide the City with a full release concurrently with 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,
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 Director of Community Development and the City's Historic Preservation 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 the 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,
Owners 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 Owners 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 Owners 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 Owners, and any and all financial or
other obligations on the part of City shall cease and become null and void. Additionally, Owners
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shall refund to City all money paid to Owners 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,
Owners shall properly maintain the Work in its finished form,without alteration or change thereto,
and shall not enter into any agreement,or take any other steps to alter,change or remove such Work,
or to create or undertake any other Work which may constitute a deviation from the Plans,without
prior written approval from the Project Review Team in its sole discretion.
Section 9. Nothing herein is intended to limit, restrict or prohibit the Owners 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
Owners, Owners' successors and assigns for a period of five (5) years from and after the date of
completion and approval of the Work. Owners shall provide subsequent Owner(s)of Structure with
a copy of this Agreement. This Agreement shall run with the land underlying Structure.The City
may record a memorandum of this Agreement against title to the Subject Property.Notwithstanding
the aforementioned five(5)-year period,the provisions of Sections 7, 12 and 19 herein shall survive
the expiration, completion and/or termination of this Agreement.
Section 11. If Owners do not own the underlying property for which Work is being done,
Owners warrant and represent to City that Owners have a lease at the location for which the Work is
proposed for a term of at least six (6) years. Owners further warrant and represent that they have
received authorization from all owner(s) 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
Sections 8 and 10 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. To the fullest extent permitted by law, Owners agree to and shall indemnify,
defend and hold harmless,the City, its officials,officers, employees, agents,attorneys,boards and
commissions from and against any and all claims,suits,judgments,costs,attorneys' fees,damages
or other relief, including, but not limited to, workers' compensation claims, in any way resulting
from or arising out of the Work to be performed and/or negligent acts or omissions of the Owners in
connection herewith,including negligence or omissions of contractors,subcontractors,employees or
agents of the Owners, arising out of the performance of this Agreement and/or the Work. In the
event of any action against the City, its officers, employees, agents, attorneys, boards and
commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action
shall be defended by legal counsel of the City's choosing. The provisions of this Section shall
survive any expiration, completion and/or termination of this Agreement.
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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.
Section 16. All notices, reports and documents required under this Agreement shall be in
writing and shall be mailed by first-class mail,postage prepaid, addressed as follow:
As to the City: City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
Attn: Community Development Director
With a copy of any
such notices to: City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
Attn: Corporation Counsel
As to the Owners: Rage Property Management, Inc.
1450 Plymouth Lane
Elgin, IL 60123
Attn: Donald J. Rage
With a copy of any
such notices to: Donald J.Rage and Diana M.Rage
65 Katrina Lane
Sleepy Hollow, IL 60118
Section 17. No official, director, officer, agent or employee of the City shall be charged
personally or held contractually liable under any term or provision of this Agreement or because of
their execution, approval or attempted execution of this Agreement.
Section 18. In all hiring or employment made possible or resulting from this Agreement,
there shall be no discrimination against any employee or applicant for employment because of sex,
age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or
physical handicap, unless based upon a bona fide occupational qualification, and this requirement
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shall apply to,but not be limited to,the following: employment advertising, layoff or termination,
rates of pay or other forms of compensation and selection for training, including apprenticeship.
Section 19. Notwithstanding anything to the contrary in this Agreement, with the sole
exception of an action to recover the monies the City has agreed to pay to the Owners pursuant to
Section 1 hereof, no action shall be commenced by the Owners against the City for monetary
damages. Owners hereby further waive any and all claims to interest on money claimed to be due
pursuant to this Agreement and waives any and all such rights to interest which it claims it may
otherwise be entitled to pursuant to law,including,but not limited to,the Local Government Prompt
Payment Act(50 ILCS 501/1,et seq.),as amended,or the Illinois Interest Act(815 ILCS 205/1,et
seq.),as amended. The parties hereto further agree that any action by the Owners arising out of this
Agreement must be filed within one(1)year of the date the alleged cause of action arose or the same
will be time-barred.
Section 20. No official, officer, agent, employee or attorney of the City shall be charged
personally or held contractually liable under any term or provision of this Agreement or because of
their execution, approval, attempted execution or enforcement of this Agreement.
Section 21. This Agreement and its attachments constitutes the entire agreement of the
parties hereto and the subject matter hereof and may not be changed, modified, discharged or
extended except by written amendment duly executed by the parties. Each party agrees that no
representations or warranties shall be binding upon the other party unless expressed in writing herein
or in a duly executed amendment hereof.
Section 22. This Agreement is and shall be deemed and construed to be a joint and collective
work product of the City and the Owners,and as such,this Agreement shall not be construed against
the other party,as the otherwise purported drafter of same,by any court of competent jurisdiction in
order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, of the terms and
provisions contained herein.
Section 23. This Agreement and the obligations herein may not be assigned by the Owners
without the express written consent of the City,which consent may be withheld at the sole discretion
of the City.
Section 24. The Owners shall comply with the Illinois Prevailing Wage Act, 820 ILCS
130/0.01, et seq., including, but not limited to, paying the prevailing wage and requiring all
contractors and subcontractors to pay the prevailing wages required therein and completing all
necessary documentation and reporting requirements in connection with the Work to be performed
pursuant to this Agreement. Without limiting the foregoing the Owners and all contractors and
subcontractors rendering services under this Agreement must comply with all requirements of the
Prevailing Wage Act, including, but not limited to, all wage, notice and recordkeeping duties.
Section 25. Notwithstanding any other provision of this Agreement, it is expressly agreed
and understood that in connection with the performance of this Agreement,the Owners shall comply
with all applicable federal, state, city and other requirements of law, including, but not limited to,
any applicable requirements regarding the City Facade Improvement Program, prevailing wages,
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minimum wage, workplace safety and legal status of employees. Without limiting the foregoing,
Owners hereby certify,represent and warrant to the City that all Owners'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. Owners shall also at their 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 Owners to
determine Owners' compliance with the provisions of this section. In the event the City proceeds
with such an audit,the Owners shall make available to the City the Owners'relevant records at no
cost to the City. Owners shall pay any and all costs of such audit.
Section 26. Time is of the essence of this Agreement.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date first
appearing above.
CITY OF ELGIN: ATTEST-
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Richard G. Kozal Kim Dewis,City Clerk
City Manager
OWNERS:
By:
Name/print: Donald J. Rage
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By:
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Nam print: Diana M. Ra
\\elginfile1\cityhall\planning neighborhood sws\facade Improvement program\downtown program\2017\douglas 19-21\facade agreement draft 2017 04_10 mm.doc
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Attachment A
Downtown Facade Improvement Program
Eligible Cost Comparison
19-21 Douglas Avenue
Donald J. Rage
Scope of Work Bid#1 Bid#2 lower bid
Contractor Contractor
name Amount name Amount
Midwest
Construction
and
Facade Renovation, Petra Maintenance
Labor&Materials Development $82,250 Grou , Inc. $74,500
total
Total eligible cost based on low bid $74,500
City's participation at 35% $26,075
Total recommended Facade Improvement Program allocation $26,075
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Attachment B
Consisting of the following attached three (3)pages:
Scope of Work for 19/21 Douglas Avenue Fagade Renovation from Kevin J. Wolff
of Midwest Construction and Maintenance Group, Inc. (undated);
Color photo simulation of fagade renovation (undated); and
Sheet AI of New Front Entrance for 19-21 Douglas Avenue, prepared by Robin P.
Andrews, Architect Inc. (dated March 30, 2017, Revision 1).
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t
MIDWEST CONSTRUCTION AND MAINTENANCE GROUP, INC
360 N. CRYSTAL
ELGIN, IL 60123
Don Rage
19/21 Douglas Ave
Elgin, IL 60120
Re: 19/21 DOUGLAS AVE FACADE RENOVATION
Scope of Work
Per the drawings/rendering supplied:
Demolition of the existing (2) store front windows and doors.
Frame out (2) new store fronts with 2"x6" lower and 2"x4" upper supports.
Sheathe the framing with %2" O.S.B.
Cover the sheathing with Tyvek or equivalent and 1/2" smooth 4'x8' siding
Install 2 doors: (2) 3/0 x 710 with side and top transom
Install 1 door (1) 2/8 x 6/8 in middle with top transom
Install front windows
Trim out exterior per the drawings/rendering provided.
Insulate interior and drywall.
Paint exteriorto meet specs in the drawings/rendering, riot to exceed 3 colors.
Total Price for labor and materials $74,500
Sincerely,
MIDWEST CONSTRUCTION AND MAINTENANCE GROUP, INC
Kevin J. Wolff
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