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Resolution 1999-25 THE UNITED CITY OF YORKVILLE RESOLUTION NO. : A RESOLUTION AUTHORIZING THE PILOT FAQADE IMPROVEMENTS AND HISTORIC PRESERVATION AGREEMENTS BETWEEN TIIE UNITED CITY OF YORKVILLE AND CERTAIN MERCHANTS/BUILDING OWNERS AND RESIDENTS OF SAID CITY WHEREAS, the City is desirous of stimulating commercial growth in order to increase employment opportunities in the City, to prevent decline in economic conditions in the City and to enhance the tax base and sales tax revenues of the City; and WHEREAS, the City has identified an area bounded by Hydraulic Street to the north, Mill Street to the east, Van Emmon Street to the south, and Main Street to the west, (including properties situated on either side of said streets) herein termed the "District", that includes business and or residential buildings; and WHEREAS, business owners, merchants and owners of buildings within the boundaries of this District have exhibited their desire to improve the appearance of their buildings by repairing, painting, cleaning and doing other sundry renovations, including restoring windows to their original size, removing false fronts and adding awnings when appropriate; and WHEREAS, the City has established a Review Committee, to provide guidance for such improvements and to ascertain which improvements best implement the City's efforts to improve economic conditions within the defined area: and WHEREAS, the City agrees to set aside a certain amount of money annually to be used as a grant or grants, to be administered and awarded by the Review Committee, to business owners, merchants, and owners of other buildings within the District who are engaged in improving their building's exterior appearance, either front or back facade, and have spent, or guarantee that they will spend, at least $1,000 on said improvements within one fiscal year; and WHEREAS, by accepting said grant, which will not exceed more than 50% of the total cost of a renovation project, the business owner, merchant, or building owner does enter into an agreement with the City that he or she will abide by all City ordinances and will follow the specifications of the Review Committee and that he or she will maintain the said improvements without alteration for five years unless a change is approved by the Review Committee; and WHEREAS, the City Council hereby adopts, by reference, the recitals set forth in the Introductory Statements and Authority sections of the proposed Agreements as if same were fully set forth herein; and WHEREAS, both the City and the business owners, merchants and building owners in the District through the grant process will negotiate in good faith and agree to perform certain acts. NOW, THEREFORE, be it and it is hereby Resolved as follows: 1. That the Pilot Facade Improvement and Historic Preservation Program Agreements attached hereto as Exhibits between the United City of Yorkville and said people in the above specified District, are hereby approved and the Mayor and the City Clerk are authorized to sign and attest same. 2. That this Resolution shall take effect immediately upon its passage and shall be published by the Clerk in pamphlet form. ENACTED this Za-6/ day of 1999, at Yorkville, Illinois. UNITED CITY OF YORKV LE BY: MAYOR ATTEST: 1 �Z* v'/- ; ITY CLERKL Z AYES: s! NAYS: ABSENT: ABSTAINING: C) HOLDING OFFICE: EXHIBIT A United City of Yorkville Fagade Improvement Agreement THIS AGREEMENT, entered into this day of 19 , between the United City of Yorkville, Illinois (hereinafter referred to as "City") and the following designated OWNER/LESSEE, to wit: Owner/lessee's name: Name of business: Tax ID#/ Social security#: Address of property to be improved: PIN Number: WITNESSETH: WHEREAS, the City has established a Pilot Fagade Improvement Program for application within the Yorkville Fagade Improvement District(District); and WHEREAS, said Pilot Facade Improvement Program is administered by the City with the advice of the Review Committee and is funded from the general fund for the purposes of controlling and preventing blight and deterioration within the District; and WHEREAS, pursuant to the Pilot Fagade Improvement Program the City has agreed to participate, subject to its sole discretion, in reimbursing Owners/Lessees for the cost of eligible exterior improvements to commercial establishments within the District up to a maximum of 50%of the approved contract cost of such improvements; and WHEREAS, the Owner/Lessee's property is located within the Downtown Business District or along one of the identified boundary roads of the District, within the City, and the Owner/Lessee desires to participate in the Pilot Fagade Improvement Program pursuant to the terms and provisions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements obtained herein,the City and the Owner/Lessee do hereby agree as follows: SECTION l: With respect to facade improvements to the front and side of a building and related eligible improvements, the City shall reimburse Owner/Lessee for the cost of improvements to the Owner/Lessee's property at the rate of up to fifty per cent (50%) of such cost, providing that the Owner/Lessee has spent at least $1,000 on the improvement project. With respect to improvements to rear entrance(s) of a building and related eligible improvements, the City shall reimburse Owner/Lessee for the cost of improvements to the Owner/Lessee's property at the rate of up to 50% of such cost, providing that the Owner/Lessee has spent at least $1,000 on the improvement project. The actual total reimbursement amounts per this Agreement shall not exceed $ for fagade improvements to the front and side of a building and related eligible improvements and $ for improvements to rear entrance(s) of a building and related eligible improvements. The improvement costs which are eligible for City reimbursement include all labor, materials, equipment and other contract items necessary for the proper execution and completion of the work as shown on project plans, design drawings, specifications and estimates approved by the City. Such plans, design drawings, specifications and estimates are attached hereto as Exhibit I. SECTION 2: No improvement work shall be undertaken until its design has been submitted to and approved by the Review Committee. Following approval, the Owner/Lessee shall contract for the work and shall commence and complete all such work within six months from the date of such approval. SECTION 3: The City Building and Zoning inspector shall periodically review the progress of the contractor's work on the fagade improvement pursuant to this Agreement. Such inspections shall not replace any required permit inspection by the Building and Zoning officer. All work which is not in conformance with the approved plans., design drawings and specifications shall be immediately remedied by the Owner/Lessee and deficient or improper work shall be replaced and made to comply with the approved plans, design drawings and specifications and the terms of this Agreement. SECTION 4: Upon completion of the improvements and upon their final inspection and approval by the City Building and Zoning Inspector, the Owner/Lessee shall submit to the Review Committee a properly executed and notarized contractor statement showing the full cost of the work as well as each separate component amount due to the contractor and each and every subcontractor involved in furnishing labor, materials or equipment in the work. In addition, the Owner/Lessee shall submit to the Review Committee proof of payment of the contract cost pursuant to the contractor's statement and final lien waivers from all contractors and subcontractors. The Owner/Lessee shall also submit to the Review Committee a copy of the architect's statement of fees for professional services for preparation of plans and specifications. The Review Committee shall, within fifteen days (15) of receipt of the contractor's statement, proof of payment and lien waivers, and the architect's statement, issue a check to the Owner/Lessee as reimbursement for up to one-half of the approved construction cost estimate, subject to limitations set forth in Section 1 hereof. In the alternative, at its sole discretion, the City may reimburse Owner/Lessee in two payments. The first reimbursement may be made only 1) upon completion of work representing 40% or more of the maximum reimbursement specified in Section 1 hereof and 2) upon receipt by the Review Committee of the architect's invoices, contractor's statements, invoices, proof of payment and notarized final lien waivers for the completed work and 3) upon a determination by the City's Building and Zoning Inspector that the remainder of the work is expected to be delayed for 30 days or more following completion of the initial work due to weather, availability of materials, or other circumstances beyond the control of the Owner/Lessee. The second, final reimbursement payment shall be made by the City only upon submittal of all necessary documents as described herein. SECTION 5: If the Owner/Lessee or his contractor fails to complete the improvement work provided for herein in conformity with the approved plans, design drawings and specifications and the terms of this Agreement, then upon written notice being given by the Review Committee to the Owner/Lessee, by certified mail to the address listed above, this Agreement shall terminate and the financial obligation on the part of the City shall cease and become null and void. SECTION 6: Upon completion of the improvement work pursuant to this Agreement and for a period of five (5) years thereafter, the Owner/Lessee shall be responsible for properly maintaining such improvements in finished form and without change or alteration thereto, as provided in this Agreement, and for the said period of five (5) years following completion of the construction thereof, the Owner/Lessee shall not enter into any agreement or contract or take any other steps to alter, change or remove such improvements, or the approved design thereof, nor shall Owner/Lessee undertake any other changes, by contract or otherwise, to the improvements provided for in this Agreement, unless such changes are first submitted to the Review Committee for approval. Such approval shall not be unreasonably withheld if the proposed changes do not substantially alter the original design concept of the improvements specified in the plans, design drawings and specifications approved pursuant to this Agreement. Owner/Lessee shall execute and record a restrictive covenant, in a form substantially the same as "Exhibit II"hereto, at City's request. SECTION 7: The Owner/Lessee releases the City from, and covenants and agrees that the City shall not be liable for, and covenant and agrees to indemnify and hold harmless the City and its officials, officers, employees and agents from and against, any and all loses, claims, damages, liabilities or expenses, of every conceivable kind, character and nature whatsoever arising out of, resulting from or in any way connected directly or indirectly with the fagade improvement(s), including but not limited to actions arising from the Prevailing Wage Act (820 ILCS 30/0.01 et seq.). The Owner/Lessee further covenants and agrees to pay for or reimburse the City and its officials, officers, employees and agents for any and all costs, reasonable attorneys' fees, liabilities or expenses incurred in connection with investigating, defending against or otherwise in connection with any such losses, claims, damages, liabilities, or causes of action. The City shall have the right to select legal counsel and to approve any settlement in connection with such losses, claims, damages, liabilities, or causes of action. The provisions of this section shall survive the completion of said faeade improvement(s). SECTION 8: Nothing herein is intended to limit, restrict or prohibit the Owner/Lessee from undertaking any other work in or about the subject premises which is unrelated to the faeade improvement provided for in this Agreement. SECTION 9: This Agreement shall be binding upon the City and upon the Owner/Lessee and its successors, to said property for a period of five (5) years from and after the date of completion and approval of the faeade improvement provided for herein. It shall be the responsibility of the Owner/Lessee to inform subsequent Owner(s)/Lessee(s) of the provisions of this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date first appearing above. OWNER/LESSEE UNITED CITY OF YORKVILLE Mayor ATTEST: City Clerk EXHIBIT B UNITED CITY OF YORKVILLE FAQADE REVIEW COMMITTEE Section: Determination Purpose of Committee Duties of Committee Meeting Date Interchangeability Appeals from Review Committee ----1. DETERMINATION: The City Council of the United City of Yorkville hereby determines that it is in the best interest of the City if Owners/Lessees of business or residential buildings within the specified pilot District (that area located within the boundaries of Hydraulic St. to the north, Mill Street to the east, Van Emmon Street to the South, and Main Street to the west, including properties located on either sides of these streets) are encouraged to improve and/or maintain the appearance of their buildings. The City Council further determines that excessive similarity, dissimilarity or inappropriateness in exterior design in appearance of buildings, awnings, signs, fences and other structures in relation to the original appearance of historic property in the vicinity thereof adversely affects the desirability of immediate and neighboring areas, is aesthetically harmful and impairs the benefits of occupancy of existing property in such areas, prevents the most appropriate use of real estate and the most appropriate development of such areas, produces degeneration of property in such areas with attendant deterioration of conditions affecting the public health, safety, comfort, morals and well-being of the citizens, and deprives the City of potential tax revenue which it could otherwise receive. ----2. PURPOSE OF COMMITTEE: There is hereby established a Fagade Review Committee which shall consist of five(5)members to be appointed by the mayor with the approval of the City Council. Review Committee members shall serve respectively for the following terms: two (2) for three(3)years; two (2) for two (2) years; and one (1) for one(1)year, with the successors to each member so appointed to serve for a term of three (3) years. The City Council hereby declares that it is desirable that the Review Committee consist of the following qualified members, who when possible will be residents of the United City of Yorkville: A. An individual who is a licensed architect; B. An individual who is a licensed engineer; C. An individual who is engaged in a building trade occupation; D. An individual who is a full member of an historical society; E. An individual who is a resident of the United City of Yorkville. The Review Committee shall also consist of two (2) ex-officio members. One shall be a Yorkville merchant, and the other shall be a Yorkville commercial property owner. The ex-officio members shall similarly be appointed by the mayor with the approval of the City Council. The ex-officio Review Committee members shall serve respectively for the following terms: one for three (3) years, and one for two (2) years, with the successors to each member so appointed to serve for a term of three (3) years. Ex-officio members will have the opportunity to attend Review Committee meetings and to participate in discussions of the Review Committee. Ex-officio members shall not have the right to vote on any matters before the Committee. Ex-officio members need not be residents of the City. ----3. DUTIES OF THE COMMITTEE: The Review Committee shall review all applications, including the project plans which each application must include, for the City's Fagade Improvement Grant for buildings within the City's Pilot District, in an effort to maintain the architectual integrity of this District in keeping with late 19th Century Mid-Western towns. Accordingly, the Committee is instructed to discourage Colonial shutters, small multi-paned windows, coach lanterns, brass eagles, hitching posts, wagon wheels, false adobe logs, and any other fagade adornment that would be applicable to another area of the country or another era. The Committee is also instructed to not give grant money to projects that include sandblasting or cleaning of brick with harsh chemical cleaners because these have been proven to cause damage to masonry. The Committee is directed to encourage the following: the use of Earth colored paint on facades; the use of no more than three tones of paint on a fagade; the maintenance of original window sizes or the unblocking of windows if they have been blocked up; and the use of awnings where appropriate. The Committee shall disburse grant funds made available by the City for the Pilot Fagade Improvement Program in the following way: first to the project that would implement improvement to a fagade most in need of repair; second to a project that has high visibility within the district; third to a project that would beautify a fagade; fourth, to a project that would maintain a fagade. The Committee shall use its discretion in deciding how to disburse the funds, and can, if it finds an especially worthy project, disburse all funds for one year to one application, or it can divide the funds up among several applicants. The Review Committee is encouraged to make recommendations to the mayor and the city council as to any changes necessary to improve regulations concerning architecture and the fagade review process. ----4. MEETING DATE: The Review Committee shall meet on the third Monday of the month of February at 7 p.m. only if Fagade Improvement Grant applications have been received by the City Clerk's office by the second Monday of said month. The Committee may schedule additional meetings in following months as necessary to expeditiously issue decisions on all matters before it, until all grant money has been awarded for the fiscal year. When all grant money is awarded, the Committee will adjourn until February of the succeeding year. If no grant applications are received by the City Clerk by the second Monday in February, Committee meetings will not be held that month. If no applications are received by the second Monday in March, all grant money for that fiscal year will be rolled over into an allocation for the next fiscal year's grant. The City Clerk may accept grant applications throughout the year, but will not present them to the Review Committee until the third Monday of February of each fiscal year. The Review Committee will make it recommendations on grant awards by the third Monday in April of each year. ----5. APPEALS FROM REVIEW COMMITTEE DECISIONS: All decisions of the Review Committee shall be in writing and shall be delivered to the applicant by certified mail return receipt requested. A copy of said decision shall also be provided to the mayor and city council. Any Review Committee which denies an application before it shall include the reasons for the Review Committee's decision and shall further indicate that the applicant has a right to appeal the Review Committee's decision directly to the City Council by filing a written appeal with the City Clerk within ten (10) days of the Review Committee's decision. A party who receives an adverse finding and decision from the Review Committee may appeal that decision to the City Council by filing a written appeal with the City Clerk within ten (10) days of the Review Committee decision. The City Council shall review the decision of the Review Committee and may confirm, modify, or reverse the decision of the Review Committee, or in the alternative, may remand the matter back to the Review Committee for further consideration. The City Council may further, with the consent of the appealing party, select an arbitration panel consisting of three (3) architects registered in the State of Illinois. One shall be selected by the City, and his services shall be paid for by the City. One shall be selected by the appealing party, and his services shall be paid for by the appealing party. One shall be jointly agreed upon by the two (2) architects so chosen, and his services shall be paid for one-half by the City and one-half by the appealing party. The determination of the arbitration panel shall be by majority vote and shall be advisory and not mandatory upon the City Council unless otherwise agreed to by the City Council and the appealing party prior to the impaneling of the arbitration panel. United City of Yorkville Facade Improvement Program Check List 1. Define the scope of your proposed improvement 2. Review the Program Description (attached) to see if your proposed improvements are eligible. 3. Consult with an architect or other appropriate design professional (for projects that do not need an architect, consult with a contractor). 4. Prepare an application including appropriate plans. 5. Submit application with$50 fee to Review Committee 6. Attend Review Committee meeting to present the proposed improvements and to Receive the Committee's review comments. 7. Revise plans if necessary. 8. Submit revised plans and signed Facade Improvement Agreement to Review Committee. 9. City Council approves or disapproves Facade Improvement Agreement. 10. Apply for a building permit. 11. Construct per approved plan and call for inspections as required. 12. Finish construction. 13. Call for final inspection. 14. Request reimbursement—Submit lien waivers, etc.,to Review Committee 15. Receive check from City. STATE OF ILLINOIS I SS FINAL WAIVER OF LIEN Gty# COUNTY OF Escrow# '0 WHOM IT MAY CONCERN: WHEREAS the undersigned has been employed by to furnish for the premises known as of which is the owner. THE undersigned,for and in consideration of ($ )Dollars,and other good and valuable considerations,the receipt whereof is hereby acknowledged,do(es) hereby waive and release any and all lien or claim of, or right to, lien, under the statutes of the State of Illinois,relating to mechanics'liens, with respect to and on said above-described premises, and the improvements thereon, and on the material, fixtures, apparatus or machinery furnished,and on the moneys,funds or other considerations due or to become due from the owner,on account of all labor,services,material, fixtures, apparatus or machinery, heretofore furnished, or which may be furnished at any time hereafter, by the undersigned for the above- described premises,INCLUDING EXTRAS.* DATE COMPANY NAME ADDRESS SIGNATURE AND TITLE *EXTRAS INCLUDE BUT ARE NOT LIMITED TO CHANGE ORDERS,BOTH ORAL AND WRITTEN,TO THE CONTRACT. --------------------------------------------------------------------------------------- STATE OF ILLINOIS I CONTRACTOR'S AFFIDAVIT SS COUNTY OF TO WHOM IT MAY CONCERN: THE UNDERSIGNED, (NAME) BEING DULY SWORN,DEPOSES -ND SAYS THAT HE OR SHE IS (POSITION) OF (COMPANY NAME) WHO IS THE CONTRACTOR FURNISHING WORK ON THE BUILDING LOCATED AT OWNED BY That the total amount of the contract including extras*is$ on which he or she has received payment of $ prior to this payment.That all waivers are true,correct and genuine and delivered unconditionally and that there is no claim either legal or equitable to defeat the validity of said waivers.That the following are the names and addresses of all parties who have furnished material or labor,or both,for said work and all parties having contracts or sub contracts for specific portions of said work or for material entering into the construction thereof and the amount due or to become due to each,and that the items mentioned include all labor and.material required to complete said work according to plans and specifications: NAMES AND ADDRESSES CONTRACT PRICE AMOUNT THIS BALANCE WHAT FOR INCLDG EXTRAS* PAID PAYMENT DUE TOTAL LABOR AND MATERIAL INCLUDING EXTRAS*TO COMPLETE. That there are no other contracts for said work outstanding, and that there is nothing due or to become due to any person for material,labor or other work of any kind done or to be done upon or in connection with said work other than above stated. .TE SIGNATURE: SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF *EXTRAS INCLUDE BUT ARE NOT LIMITED TO CHANGE ORDERS,BOTH ORAL AND WRITTEN,TO THE CONTRACT. NOTARY PUBLIC F.3870 R5/96 Provided by Chicago Title Insurance Company S" STATEMENT FOR CONTRACTOR AND SUBC( ACTOR TO OWNER Page oI Pages State of tlwn�y of SS ,74.�4ffk nt being first duly sworn,on oath deposes and says that he' IP-1 that has of I.m wm..aeae,s,ro rwmenl owner---for contract with IKn .,Wa l on the following described premises in said County.to-wit: That,for the purpose of said contract,the following persons have been contracted with,and have furnished,or are furnishing and preparing materials for,and have done or are doing labor on said improve- ment.That there is due and to become due to them,respectively,the amounts set opposite their names for materials or labor as stated.That this statement is a full,true and complete statement of all such persons,the amounts paid and the amounts due or to become due to each. 6 7 Amount Net of Balance to Name and Address Kind of Work of Retention Previous Net Amount Become Due Contract (Intl.Current) payments This Payment (incl.Ret.) — — —— —— — — — —— —— ——— —— —— — — — —— — — — ——— —— — ——— —— —— — —— —— — ——— ———— — ———— —— —— — ——— — — —— — — ——— ——— — —— — — ———— — ———— ——— — — — — — ———— — — ——— ——— — — ——— ———— ——— — TOTAL AMOUNT OF ORIGINAL CONTRACT $ WORK COMPLETED TO DATE $ EXTRAS TO CONTRACT $ LESS %RETAINED $ TOTAL CONTRACT AND EXTRAS $ NET AMOUNT EARNED CREDITS TO CONTRACT $ NET PREVIOUSLY PAID $ ADJUSTED TOTAL CONTRACT $ NET AMOUNT OF THIS PAYMENT $ BALANCE TO BECOME DUE(Inc. Retention) $ It is understood that the total amount paid to date plus the amount requested in this application shall not exceed %of the cost of work completed to date. i agree to furnish Waivers of Lien for all materials under my contract when demanded. Signed IPoa,�,^I Subscribed and sworn to before me this day of tg Notary Pub11 The above sworn statement should be obtained by the owner before each and every payment.