18-127 Resolution No. 18-127
RESOLUTION
AUTHORIZING EXECUTION OF A FIRE SPRINKLER ASSISTANCE GRANT
AGREEMENT WITH DONALD J. RAGE AND DIANA M. RAGE FOR THE
CONSTRUCTION AND INSTALLATION OF A FIRE SPRINKLER SYSTEM
(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 Fire Sprinkler Assistance Grant Agreement with Donald J.
Rage and Diana M. Rage, for the construction and installation of a fire sprinkler system at 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: November 28, 2018
Adopted: November 28, 2018
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
CITY OF ELGIN
FIRE SPRINKLER ASSISTANCE FOR RESIDENTIAL CONVERSIONS GRANT
PROGRAM AGREEMENT
(19-21 Douglas Avenue)
THIS AGREEMENT is made and entered into this 28 day of November ,2018,
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 fire sprinkler assistance program whereby owners
of property or businesses located within the downtown who create residential upper floor dwelling
units in existing buildings and who complete a new fire sprinkler installation or a code-required
upgrade to an existing fire sprinkler system in connection with the creation of the residential upper
floor dwelling units may receive a grant from the City to reimburse the Owner for the equipment
and installation costs of an approved fire sprinkler system in an amount not to exceed$4 per square
foot of protected building floor area (hereinafter referred to as the "Sprinkler Assistance for
Residential Conversions Grant"); and
WHEREAS, the purposes of the Fire Sprinkler Assistance for Residential Conversions
Grant are to provide an incentive for property owners to add residential dwelling units in the
downtown,which in turn will improve the economic viability of those properties,promote greater
utilization of currently vacant or underutilized buildings, and help enrich the downtown by
providing more potential customers to revenue-generating nonresidential establishments, such as
retail shops and restaurants; 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 Owners have proposed creating two new residential upper floor dwelling
units and installing a new fire sprinkler system in the existing structure on the Subject Property as
hereinafter described; and
WHEREAS, the Subject Property is located within the downtown area identified
specifically within Exhibit A; and
WHEREAS, the Subject Property is located within the Central Area TIF District; and
WHEREAS, the Owners proposed project improving and rehabilitating the Subject
Property including the creation of two new residential upper floor dwelling units and providing for
the installation of a fire sprinkler system through the entire building on the Subject Property as
hereinafter described, will further the goals and objectives of the Fire Sprinkler Assistance for
Residential Conversions Grant program and of the Elgin Central Area TIF District; 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 Fire Sprinkler Assistance for Residential Conversions Grant and its
intended purposes stated within the above recitations are matters pertaining to the governmental
affairs of the City; and
WHEREAS, Owners have requested a Fire Sprinkler Assistance for Residential
Conversions Grant from the City for the Subject Property by submitting a written application.
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.
Section 2. The Owners shall provide for the creation and completion of two new residential
upper floor dwelling units in the existing building on the Subject Property in accordance with the
undated floor plan, depicting two residential dwelling units, each with two bedrooms and two
baths, attached hereto as Exhibit B, and pursuant to plans therefor approved by the City. In the
event of any conflict between the undated floor plans and the plans approved by the City,the plans
approved by the City shall supersede and control.
Section 3. The Owners shall also provide for the installation of a fire sprinkler system for
the entire building on the Subject Property as set forth in the proposal of Fox Valley Fire and
Safety dated October 17, 2018, attached hereto as Exhibit C, and pursuant to plans therefor
approved by the City. In the event of any conflict between such proposal and the plans approved
by the City, the plans approved by the City shall supersede and control. (The installation of the
new fire sprinkler system for the entire building on the Subject Property is hereinafter referred to
as the "Fire Sprinkler System Work", and the creation of the two new residential upper floor
dwelling units in the existing building on the Subject Property and the installation of a fire sprinkler
system for the entire building on the Subject Property are hereinafter collectively referred to as the
"Project").
Section 4. The total approved costs for the Fire Sprinkler System Work installation for the
entire building on the Subject Property shall be $27,891 as set forth in Exhibit C attached hereto
and made a part hereof(such total approved costs for Fire Sprinkler System Work is hereinafter
referred to as the "Eligible Costs" and such building is hereinafter referred to as the "Structure").
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. The City also
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agrees to waive all building permit, plan review, inspection, and/or utility and tap fees associated
with the construction and installation of the Fire Sprinkler System Work.
Section 5. 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 Fire Sprinkler
System Work installation hereby provided for and as designated upon the design drawings,
specifications, and/or scope of work as set forth in Exhibit C attached hereto made a part hereof,
and the Plans approved by the Project Review Team pursuant to the provisions of Section 6
(hereinafter referred to as"Plans"). Eligible Costs shall not include costs associated with drywall,
paint, and other interior repairs associated with installing or concealing the Fire Sprinkler System.
Section 6. No Fire Sprinkler System Work shall be undertaken or shall be considered to
constitute the basis as Eligible Costs until the detailed Plans for such Fire Sprinkler System Work
and the Project 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, Fire Chief, Historic Preservation Planner, and any other member designated on the
Project Review Team. The Plans shall also include design drawings, specifications, a cost
estimate, and a schedule and date of completion for the Fire Sprinkler System Work and the
Project, and among other things, all of which shall detail the greater effort by the Owners to add
the residential dwelling units at the Subject Property and for which the Fire Sprinkler System Work
and the Project are required. The Fire Sprinkler System Work and the Project shall be completed
within one hundred eighty (180) days from the date of this Agreement, unless written consent for
an extension is provided by the Project Review Team. All work relating to the installation of the
new fire sprinkler system and the creation of the two new upper floor dwelling units on the Subject
Property, and all other renovation and rehabilitation work on the Subject Property shall be
performed in accordance with final plans and permits therefor approved by the City and in
accordance with all applicable city ordinances and other requirements of law.
Section 7. The Project Review Team shall be permitted access to the Structure to
periodically review the progress of the Project. 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
Project 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 8. Upon completion of the Project,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 Fire Sprinkler System 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
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pursuant to the Fire Sprinkler System Work; and (3) reasonable proof of payment of all costs
incurred pursuant to the Fire Sprinkler System Work.
Section 9. City shall pay to Owners the total approved Eligible Costs for the Fire Sprinkler
System Work provided for at Section 4 herein within thirty (30) days of Owner's completion of
the Fire Sprinkler System Work and the Project and the Owner's compliance with the provisions
of this Agreement. In no event shall the amount paid to Owners exceed the lesser of amount
specified in this Agreement or in the contractor statement for the Fire Sprinkler System Work:
Section 10. In the event Owners fail to complete the Project 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
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 11. Upon completion of the Project, and for a period of five (5) years thereafter,
Owners shall properly maintain the Project 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
the Project, or to create or undertake any other Project which may constitute a deviation from the
Plans, without prior written approval from the Project Review Team in its sole discretion.
Section 12. Nothing herein is intended to limit, restrict or prohibit the Owners from
undertaking any other work in or about the Subject Property that is unrelated to the Fire Sprinkler
System Work and the two new residential upper floor dwelling units provided for in this
Agreement.
Section 13. 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 Project. 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 10, 15 and 22
herein shall survive the expiration, completion and/or termination of this Agreement.
Section 14. The failure by a party to enforce any provisions of this Agreement against the
other party shall not be deemed a waiver of the right to do so thereafter.
Section 15. 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 this Agreement,the Project,the Fire Sprinkler System 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
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performance of this Agreement, the Project and/or the Fire Sprinkler System 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.
Section 16. This Agreement shall not be construed to create a partnership,joint venture or
employment relationship between the parties hereto.
Section 17. 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 18. 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 19. 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: Donald& Diana Rage
65 Katrina Lane
Sleepy Hollow, IL 60118
Section 20. No official, director, officer, agent, attorney 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 21. 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 22. 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 4 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 23. 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 24. 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 25. 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 26. 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 Fire Sprinkler System
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 27. 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 Fire Sprinkler Assistance for Residential
Conversions Grant Program, prevailing wages, 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
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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 28. Time is of the essence of this Agreement.
Section 29. The parties agree that facsimile and/or e-mail signatures are acceptable to make
the Agreement binding and fully enforceable.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first appearing above.
CITY OF ELGIN: A HEST:
EST:
By: 1/4":/ ,//
Richard G. 'ozal 'v im Dewis,City Cler
City Manager
OWNERS:
By.,401'►'
Name:Donald J. Rage
By: Ifi
Name/print:Dia" . Rage
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EXHIBIT A
Map of Downtown Area Eligible for
Sprinkler Assistance for Residential Conversions Grants
-8-
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EXHIBIT B
Project consisting of the following attached one (1)page:
Undated floor plan, depicting two residential dwelling units, e4ch with two (2) bedrooms and two
(2)bathrooms.
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4 1, ( 9
,,1-- , __,
, ,
..,, 8'41' 5,11'
BEDROOM NO 2 BEDROOM NC 1 BEDROOM NO.1 1 BEDROOM NO.2
7-1 1_._:_,? -3-4' -A 17 3'-4 1R' 5-1 17 I
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--
NOTES. /
I AI_I_INTERIOR WALLS ARE 5'UNLESS r ' 3 ^�]
N:)TED OTHERWISE I �V`7//� ;7.) `� l/
DOUGLAS AVENUE
EXHIBIT C
Fire Sprinkler System Work, consisting of the following attached two (2)pages:
Scope of Work by Fox Valley Fire & Safety dated October 17, 2018
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III�Y
FIRE&SAFETY®
Since 1960
ONE COMPANY DOES IT ALL
Fire Alarm•24-Hour Monitoring•Fire and Safety Products•Security•Engineered Fire Suppression•Sprinkler Service
2730 Pinnacle Drive • Elgin, IL 60124-7943• 847-695-5990 • Fax$47-695-3699 •www.foxvalleyfire.com
October 17, 2018
Attn: Don Rage
Via Email: donragenaol.com
Project: Fire Sprinkler Installation for 19 & 21 Douglas Sheet
Dear Don,
Fox Valley Fire & Safety is pleased to submit fire protection pOce for this location to provide a
complete fire sprinkler system. Please note design and scope of work as follows:
Fire Sprinkler System Eauioment and Scope of Work:
1. Fox Valley Fire& Safety will provide labor and materials t9 fully sprinkle the existing (2) story
building wood construction with a basement
2. We will design the basement and first floor for light hazard, ordinary hazard, and group (1)
occupancy
3. The second floor will be designed per NFPA13R for residential residence.
• 4" DCDA backflow device
• a new riser with pull switches, tamper switches, and man drain
• provide a 4" check valve
• 4" STORZ connection on the outside of the building
• all necessary sprinkler piping, fittings, and hangers to complete the install
4. Fox Valley Fire& Safety will furnish engineer drawings to te city for review, approval, and
permitting.As-Built drawings once the job is completed
Fire Protection Price $ 27,891.00
Exclusions from the above proposal are as follows:
1. Overtime Labor(weekend or night work)
2. Products or services not listed above
3. Sales Tax, Permit or review fees
4. Fire Alarm work
5. Wiring of 110V Sprinkler Bells
6. Any painting of piping
7. Structural patching
8. Patching of walls/ceilings where piping is installed
October 17, 2018
Page 2
After you have had the opportunity to review this information, if it meets with your approval, •
please sign, date, and fax or email this document to my attention at your earliest opportunity.
If you have any questions, or if I may be of further assistance, Please feel free to contact me at
my direct line 224-293-5319.
Respectfully,
4.7
Dan Palmer
Account Executive
DP/mk
Credit Terms:
1. All orders are subject to credit approval and may require a deposit; prior arrangements notwithstanding.
2. Payment Terms can be established by contacting our Accounts Receive le Department at 224-293-5308
or 224-293-5304.
Approval: •
My signature below indicates that I am an authorized agent of the company receiving this proposal and that I have full
power and authority to bind our company to the terms of this proposal.
Authorized Signature Printed Nam4
Title Date
Scheduling Contact/Number Scheduling Eflail
Don Rage
•