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HomeMy WebLinkAboutResolution #0874 -: RESOLUTION N0. ~ ~~ A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND JACK AND BILL'S APPAREL, INC. AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON. WHEREAS, the City of Canton, Illinois has entered into negotiations with Jack and Bill's Apparel, Inc. with regard to each parties' obligation to repair certain structural defects and deficiencies and to beautify the East wall of Jack and Bill's building; and WHEREAS, the City Council of the City of Canton, Illinois has reviewed the terms of the proposed agreement, a copy of which is attached hereto and made a part hereof as Exhibit A; and WHEREAS, the City Council of the City of Canton, Illinois has determined that it is desirable and in the best interests of the City of Canton to approve said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. That the Agreement between the City of Canton and Jack and Bill's Apparel, Inc., which is attached hereto and made a part hereof as Exhibit A, is hereby approved, said agreement to be subject to and effective pursuant to the terms and conditions set forth therein. 2. That the Mayor and City Clerk of the City of Canton, Illinois are hereby authorized and directed to execute said agreement and all other documents necessary to carry out the terms of said agreement on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois and APPROVED by the Mayor thereof this l.% *~ay of /~~~ f~1~C}. l-r 1981. APPROVED : ~~+ Z!`~'r~ MAYOR HARLAN E. CROUCH ATTEST: ~ CITY CLERK NANCY WHITES ".~.- ~~-,f~ ,t AGREEMENT THIS AGREEMENT made this '~o+~'day of march, 1981, by and between the CITY OF CANTON, a municipal corporation in the County of Fulton and State of Illinois, hereinafter referred to as "the City", and JACK A,tiD BILL'S APPAREL, INC., an Illinois corporation, of 10 East Elm Street, Canton, Illinois, hereinafter referred to as "Jack and Bill's". WITNESSETH: WHEREAS, on April 18, 1979, the City acquired the following described property from Ferrol D. and Ethel Mae Blackburn, hereinafter referred to as "the Blackburns"; The West One-Half (CJ Z) of the East One-Half (E 2) of Lot Number Forty Three (43) in Jones' Second Addition to the City of Canton, situated in Fulton County, Illinois; Said property is hereinafter referred as "the Blackburn property"; and WHEREAS, on June 10, 1979, the City acquired possession of the Blackburn property from the Blackburns; and WHEREAS, in October, 1979, the City demolished the building on the Blackburn property pursuant to a contract with Clarence Poke Kinsel, here- inafter referred to as "Kinsel"; and WHEREAS, Jack and Bill's own the property immediately West of the property acquired by the City; and WHEREAS, the building on the property owned by Jack and Bi11's and the building on the property acquired by the City had a common wall and a common roof; and WHEREAS, there was no common wall agreement or common roof agree- ment between the Blackburns and Jack and Bill's or between the City and Jack and Bill's; and WHEREAS, through no fault of either the City or Kinsel, the removal of the .building on the Blackburn. property caused certain structural defects and deficiencies in the East wall of Jack and Bill's building; and WHEREAS, the City and Jack and Bill's have entered into negotiations with regard to each parties' obligation to repair said defects and defi- ciencies and to beautify the East wall of Jack and Bill's building; and WHEREAS, the City and Jack and Bill's have agreed to resolve this matter as hereinafter provided. NOW, THEREFORE, in consideration of the mutual covenants, agreements and payments hereinafter contained, and other valuable consideration, it is mutually agreed by and between the City and Jack and Bill's as follows: 1. The City and Jack and Bill's find as facts the recitals herein- above set forth. 2. The City agrees to pay to Jack and Bill's and Jack and Bill's agree to accept from the City the sum of Nineteen Thousand Three Hundred Seventy Three Dollars Fifteen Cents ($19,373.15) for any damage to the building on the property owned by Jack and Bill's resulting or to result from the demolition of the building on the Blackburn property. For said sum, Jack and Bill's shall release and forever discharge the City and all other persons, firms and corporations who were agents of the City for said demolition from all claims and demands, rights and causes of action of any kind that Jack and Bill's now has or may hereafter have on account of or in any way growing out of said demolition and Jack and Bill's agree to indemnify and save harmless the City from and against all claims and demands whatsoever that Jack and Bill's may have against the City or its agents on account of or in any way growing out of said demo- lition both to persons and property. The above consideration shall constitute a full and complete settlement of a liability claimed by Jack and Bill's and denied by the City, regardless of the adequacy of the above consideration, and the approval of this agreement by the City and Jack and Bill's shall not operate as an admission of liability on the part of anyone. 3. Jack and Bill's agree to use at least Thirteen Thousand Two Hundred Eighty Seven Dollars Forty Cents ($13,287.40) of the above consideration to repair the structural defects and deficiencies i.n the East wall of their building in accordance with the specifications attached hereto and made a part hereof by reference as Exhibit A. Further, Jaclc and Bill's -2- agree to use at least Si.: Thousand Eighty Five Dollars Seventy Five Cents ($6,085.75) of the above consideration to erect and install brick veneer from common brick to the East wall of their building. Jack and Bill's may retain, hire or. employ such contractors as they deem necessary for the completion of this work. Nothing contained herein shall be deemed to create a contractual relationship between said contractors and the City. It is the. intention of the parties hereto that the sum paid by the City to Jack and Bill's pursuant to this Agreement shall be used by Jack and Bill's for the work contemplated herein. Jack and Bill's agree to diligently pursue the completion of this work and, in any event, said work shall be completed on or before September 1, 1981. 4. ;The City agrees to grant, transfer and convey to Jack and Bill's, its successors and assigns, a perpetual easement on the West side of the Blackburn property to erect, construct, install and lay and thereafter use, inspect, repair, maintain, replace and remove the brick veneer wall described in the preceding paragraph of this Agreement, together with the right of ingress and egress over the Blackburn property for said purposes . Ttie City also agrees to grant Jack and Bill's, its successors and assigns, a temporary construction easement over and upon the Blackburn property for the purpose of constructing said brick veneer wall. Jack and Bill's agree to restore any ground disturbed during construction or maintenance of the brick veneer wall to its original condition. 5. The Mayor and City Clerk of the City shalt execute this Agreement and all other documents necessary to carry out the terms of this Agreement on behalf of the City and the President and Secretary of Jack and Bill's shall execute this Agreement and all other documents necessary to carry out the terms of this Agreement on behalf of Jack and Bill's. 6. This Agreement shall be binding upon the parties hereto and their successors and assigns.. IN WITNESS WHEREOF, the City has caused this Agreement to be executed by its Mayor and attested by its Clerk and the official seal of the City to be hereunto affixed, and Jack and Bill's has caused this Agreement to be executed by its President and attested by its Secretary and the official seal of Jack and Bill's to be hereunto affixed, all as of the day first above written. -3- . _~; CITY OF CANTON '~, ~ E ~ ~ . l By ~ ' ,r'~.~r-~-~- _..~~ • ~ ''~ `~• ~`J _ ~ , ~ HARL N E . CROUCH ' ~ MAYOR ,~ ~ ,, , ,~.i1, if:,;- (~S F.AL, '~r ~~,, ATTEST : / ~[.~.-~ ( '~~C r h ~ ~/lfif•1,1~~ ~J NANCY ~ , tJHITES CLERK JACK AND BILL'S APPAREL, INC. ~ -_= ~ ~~ // ~ , ~•~Its President ~,/ -> ~ ; ,~ - (°•E_yL ) i/. ' / , ATTEST : ,'--~ ~c`'L~,~(~t'',~C?~?~,,/ Its~Secretary ~s:~S~art}- -4- EXHIBIT A The following items are the proposed scope of work for repair of the east wall of the Jack and Bill's Apparel, Inc. building. 1. Approximately 24 existing :JOOd joists have inadequate bearings at the top of the east wall. Rebuild these joist bearings with masonry or wood to make adequate structural bearings. 2. The top edge of the east wall is not now weather tight. Complete the rebuilding of this portion of the wall as shown on the attached sketch detail. 3. At the top edge of the east wall, and in conjunction with items l and Z above, disturb the existing roofing and roof sheathing as little as possible in order to nail a minimum two foot long 2 x 10 joist extension to the side of each existing roof joist, see attached sketch detail. 4. Replace the section of the existing roof that was removed in doing the previously described work with roof sheathing that is the same thickness as the existing sheathing. Apply a minimum of 4 layers of new roofing felt and asphalt that is compatible ~oith the existing roofing membrane. Do the minimum amount of roofing as required to make the roof watertight. 5. At the northeast corner, remove the existing wood that now surrounds the existing steel column. 6. At the northeast corner, remove the minimum amount of existing brick masonry in order to rebuild the corner from the sidewalk level to the top of the wall. The east face of the new brick ~oork caill allign with the existing east face of masonry above the second floor. Do not disturb the existing stone work. 7. Near the northeast corner, remove existing brick work and rebuild an area of approximately 6 square feet. This area is close to the corner at the height of the former floor joists. 8. At the north end of the east wall, build new masonry into the void in the w,~ ,. 1. near the former fireplace. 9. State an amount,separately from the base bid, for brick tuckpointing and masonry repair on the entire area of the east wall. This repair work would be done in the case where the owner of the building does not proceed with covering the wall. 10. At the southeast corner, from the existing grade to the approximate line of the former second floor, remove and rebuild with new brick masonry the damaged portion of the wall to the location of the former wall expan- sion joint. From grade level to the second floor level the entire corner will not be rebuilt. 11. At the southeast corner, from the former second floor location to the top of the wall, remove the existing brick masonry and rebuild with new brick masonry. 12. As shown on the attached detail, remove all loose existing brick masonry from between the existing wood jo=its and replace with new brick masonry construction. 13. At the northeast corner, above the existing second floor ceiling, provide and install one 5 foot long by 1/2" diameter threaded rod that is secured to the inside face of the east wall and laterally supports the north wall. - 2- • A a ,~ NEW CONTINUOUS WOOD CANT STRIP NEW ROOFING AS REQUIPED. -----. TO MATCH EXISTING ~. EXISTING CONSTRUCTION `, ~---- NE41 2x4 CONTINUOUS BLOCKING _ /, NEW SHEET t-1ETAL GRAVELSTOP WITH INTEGRAL COVER i %~ JEW 4100D P.OOF DECKING, ~S REQUIRED, TO MATCH .XISTING ROOF DECK THICKNESS, EG1 2x12 CONTINUOUS FOR ULL LEPlGTH OF BUILDING NEW 2x10 WOOD JOI EXTENSION, ONE AT EACH EXISTING ROC JOIST EXISTING WOOD P,OC REMAIN, BUILD NE4 MASONRY BETWEEN J TO BOTTOM OF ROOF E6J 1" NOMINAL THICKNESS OOD CLOSURE BETWEEN XISTING CHIMNEYS, PAINT XPOSED SURFACES. UTSIDE FACE OF EXISTING HIMNEYS REBUILD WITH 41000 N~ASONRY JOIST• BEP THAT ARE DAMAGED tJON EX I STANT SECTION SH041ING PROPOSED SCOPE OF 4JORK FOR TOP OF EXISTING EAST WALL OF JACK • AND BILL'S CLOTHING STORE UTSIDE FACE OF MAIN PORTI01 F EXISTING 41ALL NOT TO SCALE DATED JANUARY 26,1981 RELEASE This Release made and given this2~~~day of 1981, by JACK & BILL'S APPAREL, INC., an Illinois Corporation, 10 East Elm Street, Canton, Illinois, hereinafter Jack & Bill's to the CITY OF CANTON, a municipal corporation in the County of Fulton and State of Illinois, hereinafter City. WITNESSETH WHEREAS the City and Jack & Bill's have previously entered into a certain agreement dated March 16, 1981 which has been duly passed and adopted by the City Council at the City of Canton, Illinois (hereinafter agreement), and WHEREAS said agreement provides for the adjustment of certain structural damage which occurred to Jack & Bill's building and in particular the East Wall thereof as a result of the demolition by the City of an adjacent and attached building, and WHEREAS neither the City, nor its agents, employees, or contractors admit any liability or fault concerning the structural defects and deficiencies caused in the East Wall of Jack & Bill's building, and WHEREAS the parties hereto in the agreement have previously reached a settlement with regard to their respec- tive obligations to repair said defects and deficiencies, NOW THEREFORE in consideration of the payment by the City of Canton to Jack & Bill's of the sum of $19,373.15 and further in consideration of the delivery by the City of a perpetual easement on the West side of the City's property -1- to erect, construct, install and lay and thereafter use, inspect, repair, maintain, replace and remove a brick veneer wall together with the right of ingress and egress over the City's property for said purposes, and further in consideration of a temporary construction easement upon the City's property for the purpose of constructing said brick veneer wall, Jack & Bill's does hereby release and forever discharge the City and all other persons, firms and cor- porations who were the agents of the City for the demolition of the City's building by Clarence Poke Kinsel in October of 1929 and Jack & Bill's further releases all claims, demands, rights, and causes of action of any kind that Jack & Bill's now has or may hereafter acquire on account of or in anyway growing out of said demolition. Jack & Bi11's further agrees to indemnify and save the City harmless from and against all claims and demands whatsoever that Jack & Bill's may have against the City or its agents on account of or in anyway growing out of said demolition both as to persons and property. This release shall not operate as an admission of liability on the part of the City or its agents or Jack & Bill's. This release is approved by the Board of Directors and Officers of Jack & Bill's and is made and given this 2~v{'day of 'Ma-Y c~ 1981, A.D. JACK & BILL'S APPAREL, INC. an Illinois Corporation ,~--_ A EST: / ~~~ its secretary its,~resident r'