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R-64-07 Ap. Village Participation in Building/Site Grant Program 209 Stephen St.
RESOLUTION RESOLUTION APPROVING VILLAGE PARTICIPATION IN TIF BUILDING AND SITE GRANT AND SIGN GRANT PROGRAMS FOR 209 STEPHEN STREET WHEREAS, the Village of Lemont has adopted Ordinance 0- 71 -99, the Downtown Building & Site Improvement Grant and Sign Grant Programs to provide incentives for building reinvestment within the Village of Lemont's Tax Increment Financing District; and WHEREAS, in accordance with the Downtown Building & Site Improvement Grant and Sign Grant Programs, the Village Board of Trustees shall consider participation in building reinvestment; and WHEREAS, Alison L. Tucker, Ali's Artistic Entertaining, as the lessee of the property known as 209 Stephen Street has completed the applications for the Downtown Building & Site Improvement Grant and the Sign Grant programs requesting reimbursement of eligible upgrades to the property; and WHEREAS, Village Staff has reviewed the application for compliance with the Grant guidelines and has recommended approval of the request. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES as follows: SECTION 1: That the Village President is hereby authorized to execute the Building and Site Grant Agreement and Sign Grant Agreement attached hereto in the amount of $9,682.00 SECTION 2: This Resolution shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 3: The Village Clerk of the Village of Lemont shall certify to the adoption of this Resolution and cause the same to be published in pamphlet form PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS, on this 8th day of October , 2007. AYES NAYS PASSED ABSENT V V Debby Blatzer Peter Coules Brian Reaves Clifford Miklos Ronald Stapleton Jeanette Virgilio Attest: CHARLENE SMOL1 EN, Village Clerk VILLAGE OF LEMONT BUILDING AND SITE IMPROVEMENT GRANT PROGRAM AGREEMENT TIF DISTRICT THIS AGREEMENT, entered into this '`7 day of , 2001 between the Village of Lemont, Illinois (hereinafter referred to as the "Village ") and the following designated OWNER/LESSEE, to wit: wit: 1 / Owner's /Lessee's Name: t J 4� p 2 . Address: Jo? ` -tIep/len \S{ree-e CE(oxa.j /31V,5 hn� J eonox, oat (aOY31 City: Lemont State: Illinois Zip Code: 60439 Name of Business: Enntr f&1 n i Project Address(es) c2,07 Q hen Si-„L 1,,. ,,,, j-, JL `60(39 WITNESSETH Whereas, the VILLAGE has established a Building & Site Improvement Grant Program for application within certain designated commercial rehabilitation areas of the VILLAGE known as the Tax Increment Financing District; and Whereas, said Building & Site Improvement Grant Program is administered by the VILLAGE and is funded from District Revenues for purposes of control and prevention of blight, dilapidation and deterioration of designated areas within the District, and Whereas, pursuant to said Program the VILLAGE has agreed to participate, subject to its sole discretion, in sharing the cost of Building & Site Improvements to commercial establishments within the District up to a maximum of one -half (1/2) of the approved contract cost of such improvement but in no event shall the total Village participation exceed Ten Thousand Dollars Seven Hundred Fifty Dollars ($10,750.00) for construction and architectural cost with $750.00 of that amount reserved for sign improvements only. Architectural fees shall be limited to a One Thousand Dollars ($1,000.00) reimbursement; and Whereas, the OWNER's /LESSEE's property is located within the Tax Increment Financing District /Downtown, a designated rehabilitation area, and the OWNER/LESSEE desires to participate in the Building and Site Improvement Grant Program pursuant to the terms and provisions of this agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreement obtained herein, the VILLAGE and OWNER/LESSEE do hereby agree as follows: SECTION 1: COST SHARING - The VILLAGE shall share in the building and site improvement cost and architect fee cost for the OWNER's /LESSEE's property up to fifty percent (50 %), up to a maximum amount not exceeding Ten Thousand Seven Hundred Fifty Dollars ($10,750.00) for construction and architectural cost with $750.00 reserved for sign improvements. Architectural reimbursement shall be One Thousand Dollars (d ,U ($1,000.00) . The actual amount per this agreement shall not exceed $ for L t2,5 yoj construction cost and $ for architect fees. The building and site improvement /historic preservation costs which are eligible for VILLAGE participation include all labor, materials, equipment and other contract items necessary for the proper execution and completion of the work as designated from the design drawings approved by the VILLAGE. Said design drawings and specifications are attached hereto as Exhibit IV. SECTION 2: DESIGN APPROVAL - No building and site improvement or historic preservation work shall be undertaken until the design therefore has been submitted to and approved by the Village. Following approval, the OWNER/LESSEE shall contract for the work and shall commence and complete all such work within one hundred eighty (180) days from the date of such approval. SECTION 3: REVIEW OF PROJECT - The Economic Development Coordinator shall periodically review the progress of the contractor's work on the building and site improvement and historic preservation pursuant to this Agreement. Such inspections shall not replace any required permit inspection by Village Inspectors. All work which is not in conformance with the approved 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 drawings, specifications, and terms of this Agreement. SECTION 4: DOCUMENTATION REQUIREMENTS - Upon completion of the building and site improvement/historic preservation and upon its final inspection and approval by the Building Department, the OWNER/LESSEE shall submit to the VILLAGE a properly executed and notarized contractor statement and architect fee 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 VILLAGE proof of payment of the contract cost pursuant to the contractor's and architect's statements. The VILLAGE shall, within thirty (30) days of receipt of the contractor's statement and proof of payment issue a check to the OWNER/LESSEE in payment of: one -half of the approved cost or Ten Thousand Seven Hundred Fifty Dollars ($10,750.00) whichever is less. In no case shall the amount paid to the OWNER/LESSEE exceed the amount specified in this Agreement or in the contractor's or architect's statements. At the time of reimbursement and throughout the term of this agreement, the land use and signage under 3 the control of the OWNER/LESSEE shall be in conformance with zoning and sign code provisions. SECTION 5: FAILURE TO COMPLETE WORK - If the OWNER/LESSEE or his contractor fail to complete the building and site improvement /historic preservation work provided for herein in conformity with the plans, specifications and all terms of this Agreement, the Agreement shall terminate and the financial obligation on the part of the VILLAGE shall cease and become null and void. SECTION 6: ELIGIBLE IMPROVEMENT WORK - Installation, repair and replacement of exit doors and hardware; repair, replacement or addition of exterior shutters and awnings /canopies; repair, replacement or purchase of signs when done as part of an overall building and site improvement grant; repair and replacement or installation of exterior stairs, porches, railings and exit facilities; repair and rebuilding of exterior walls, including cleaning, sealing, tuck pointing and painting; repair of window frames, sills, glazing, replacement of glass and installation of new windows; asphalt paving for existing gravel parking lots (does not apply to new development parking lots, repaving- resurfacing of parking lots or expansion of existing parking lots); replacement of retaining walls, electrical wiring upgrades, interior sprinkler systems, fire alarm systems, elevators, interior sub floor, ceiling improvements, plumbing and improvements to meet ADA requirements. SECTION 7: FILING OF LIEN /MAINTENANCE OF IMPROVEMENT - Upon completion of the building and site improvement work pursuant to this Agreement and for a period of three (3) years thereafter, the OWNER/LESSEE shall be responsible for properly maintaining such building and site improvement/historic preservation in its finished form and without change or alteration thereto, as provided in this Agreement, and for the said period of three (3) 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 improvement, or the approved design thereof, nor shall 4 OWNER /LESSEE undertake any other changes, by contract or otherwise, to the improvement provided for in this Agreement unless such changes are first submitted to the Economic Development Coordinator, and any additional review body or commission for approval; which approval shall not be unreasonably withheld if the proposed changes do not substantially alter the original design concept of the building and site improvements as specified in the drawings and plans approved pursuant to this Agreement. In addition to this section, a lien on the OWNER /LESSEE property shall be filed prior to the final payout of the program reimbursement. SECTION 8: UNRELATED IMPROVEMENTS - 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 building and site improvement provided for in this Agreement. SECTION 9: AGREEMENT APPLICABLE TO FUTURE OWNERS - This Agreement shall be binding upon the VILLAGE OF LEMONT and upon the OWNER/LESSEE and its successors, to said property for a period of three (3) years from and after the date of completion and approval of the facade improvement provided for herein. It shall be the responsibility of the OWNER/LESSEE to inform subsequent OWNER(s) /LESSEE(s) of Section 7 of this Agreement. SECTION 10: MAXIMUM GRANT AWARDS - Nothing in this Agreement shall prohibit a business or property owner from applying for more than one Grant. However, a Ten Thousand Seven Hundred Fifty Dollars ($10,750.00) total limitation shall apply to all Sign Grants, Building and Site Grants or Interest Rate Program Awards made to a single building and/or lot within any three (3) year period. For the purpose of calculating the three (3) year period, the date of the last Village payment shall be considered the start of 5 the three (3) year period. No grant may be utilized for the same or similar building contract work, within a ten (10) year period of the last Village payment. SECTION 11: VILLAGE INDEMNIFICATION REGARDING CONSTRUCTION The owners of the subject property agree to defend and hold harmless the Village from any and all claims which may arise out of said owners' construction activities under this Agreement. SECTION 12: GENERAL INDEMNIFICATION - In the event that, as a result of this Agreement, or actions taken as required hereunder, the Village is made a party defendant in any litigation arising by reason of this Agreement, and development activities contemplated hereunder, the owners agree to defend and hold harmless the Village, the mayor, trustees, officers and agents thereof, individually and collectively, from any suits and from any claims, demands, setoff or other action including but not limited to judgments arising therefrom. The obligation of the owners hereunder shall include and extend to payment of reasonable attorneys' fees for the representation of the Village and its said officers and agents in such litigation and includes expenses, court costs and fees; it being understood that the owners where there shall be no applicable standards provided therein, shall have the right to employ all such attorneys to represent the Village and its officers and agents in such litigation, subject to the approval of the corporate authorities of the Village, which approval shall not be unreasonably withheld. The owners shall have the right to appeal to courts of appellate jurisdiction any judgment taken against the Village or its officers or agents in this respect, and the Village shall join in any such appeal taken by the owners. SECTION 13: PERFORMANCE OF AGREEMENT - It is agreed that the parties hereto may in law or in equity, by suit, action, mandamus, or any other proceeding, including specific performance, enforce or compel the performance of this Agreement, 6 which shall include the right of the parties to recover a judgment for monetary damages against each other, provided, however, that the owners shall not have a right to recover a judgment for monetary damages against any elected or appointed official of the Village for any breach of any of the terms of this Agreement. The Village reserves the right to maintain an action to recover damages or any sums which owners have agreed to pay pursuant to this Agreement and which have become due and remained unpaid. SECTION 14: EXHIBITS - It is agreed that Exhibits I through VII shall be considered part of this agreement. SECTION 15: DISPLAY OF VILLAGE FUNDING PROMOTIONAL MATERIAL All program participants shall be required to prominently display a poster identifying the property as receiving Village funding. The sign will be provided by the Village and shall be displayed from the date the Application is approved, to no less than thirty (30) days after final approval and reimbursement is made. SECTION 16: GUARANTEE OF FUNDS - The filing of an application for Building and Site Improvement Grant in no way is a guarantee of funding by the Village of Lemont. 7 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date first appearing above. Program Participant Date: enyf cre LL` , Property Owner Date: Form Rev. 5/00 8 VILLAGE OF LE NT ATTEST; Date: Village Clerk EXHIBIT I EXHIBIT II EXHIBITS PROOF OF OWNERSHIP IN FORM OF DEED OR TITLE INSURANCE POLICY (TAX BILL IS NOT ACCEPTABLE). IF LEASING THE PROPERTY, AN EXECUTED LEASE IS REQUIRED. ALSO A COPY OF PROOF OF OWNERSHIP FROM THE BUILDING OWNER IN THE FORM OF A DEED OR TITLE INSURANCE POLICY. EXHIBIT III COPY OF APPLICATION EXHIBIT IV RENOVATION PLANS EXHIBIT V CONTRACTOR'S AGREEMENT EXHIBIT VI ARCHITECT'S AGREEMENT EXHIBIT VII SAMPLE LIEN SIGNED AND NOTARIZED. 9 AGREEMENT CREATING LIEN ON REAL ESTATE The undersigned, , owner(s) of , Lemont, Illinois, having applied for Building & Site Improvement Grant Program from the Village of Lemont through TIF Financing District does hereby grant a lien to the Village of Lemont, a Municipal Corporation, in the amount of Dollars ($ ) on the property commonly known as Lemont, Illinois 60439, and legally described as follows: Permanent Index Number: The undersigned acknowledges that the aforesaid lien shall exist from the date of this instrument, and shall become due if any facade alterations occur less than three years after grant work completion. If this condition occurs, then the lien shall be payable to the Village of Lemont. If this condition does not occur, then the lien shall be removed. The undersigned grants to the Village of Lemont the right to assign, transfer or set over to any other municipal corporation or any part thereof all of the right, title and interest in and to said lien without reservations. DATED this day of Forth Rev. 7/03 STATE OF ILLINOIS } } SS: COUNTY OF COOK } I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that is known to me to be the same person(s) whose name(s) is /are subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he /she /they signed, sealed, and delivered the said instrument as a free and voluntary act for the uses and purposes therein set forth. Notary Public This instrument was prepared by: VILLAGE OF LEMONT 418 Main Street Lemont, Illinois 60439 (630) 257 -6440 McPARTLAND CONSTRUCTION renovations & custom homes 15120 127th Street • Lemont, IL 60439 • Ph: 630 - 257 -9051 • Fax: 630 - 257 -9050 Proposal — August 15th, 2007 Ali Tucker Artistic Entertaining 209 Stephen Street Lemont, IL Commercial Build -out Proposal: General: • All material and workmanship will be guaranteed for a period of three years from completion of project. • All necessary Permit Fees are to be paid for by Owners and are separate of Main Proposal. • All material and workmanship to be completed per approved plans. • All Sub - Contractors to be Licensed and Bonded with the Village of Lemont. • All Debris to be removed and properly disposed of by McPartland Construction. Demolition: • Provide necessary labor to remove existing Carpet from Office area. • Provide necessary labor to remove existing Kitchen floor tile around Grease trap to allow proper operation. Carpentry: • Provide necessary labor and material to frame all walls per approved layout. • New Reception wall to be constructed using 3 5/8" Metal Studs extending 7' -6" in Height per plan. Plumbing: • Provide necessary labor and material for rough and finish of all Plumbing work per plan. • Provide necessary labor to install Owners 3 -Part Sink in Kitchen per plans. • Provide necessary labor to install (2) Owners Hand sinks and Faucets in existing Bathrooms per plan. • Provide necessary labor to install (1) Owners Prep Sink and Faucet per plans. • Provide necessary labor to install Owners Gas Range per plans. • All Plumbing roughs are in existing locations. • Provide necessary labor to remove concrete from existing Grease Trap in Kitchen Floor to reactivate Trap. (Note: It is assumed that the existing Trap has been filled in with up to 4" of Concrete and will be appropriately cleaned out.) 1of3 H.V.A.C.: • All necessary HVAC work to be performed by Pearson Heating and any related costs are separate of Main Proposal. • Pearson Heating will be responsible for all necessary removal and repair of Masonry work required to Vent Kitchen Hood. Electrical: • Existing Electrical Service to remain. • Provide necessary labor and material to relocate existing Phone line per site discussion. • Provide necessary labor and material to install (1) new Dual Voltage Emergency Battery Back -up Lighting Unit with (2) Lamps in Prep Area per plan. Fire Alarm: • Any related issues with the existing Fire Alarm System and Portable Fire Extinguishers are the responsibility of the Owner and remain separate of Main Proposal. Drywall: • New wall to be drywalled with 5/8" Drywall and Finish Taped using a three (3) coat taping process. • Patch all damaged wall and ceiling areas as necessary and prepare for paint. Paint: • New Reception Area wall to receive (1) Coat of Primer and (2) Coats of Finish Paint. • Ceilings in Kitchen, Prep Area and Reception Area to receive (1) Coat of Gloss Finish Paint. • All existing Trim and doors to remain as is per plan. • Bathroom Areas to remain as is per plan. Interior Trim: • Provide necessary labor to install new FRP Boards to 8' -0" in height over existing drywall walls in Kitchen and Prep Area per plans. • Note: All necessary FRP Board material including finish moldings and adhesives to be provided by Owners and is separate of Main Proposal. • Provide necessary labor and material to install new 4" Vinyl Base in Kitchen, Prep Area and Reception Area per plans. • Verify all existing Doors have Self- Closing Hinges per plan. • Provide necessary labor and material to install a new door Pine 15 -Lite French Door for new Reception area. Appliances: • All Appliances provided by Owner. Tile: • Provide necessary labor and material to repair Kitchen floor tile surrounding Grease Trap • All necessary Floor tile material and labor for the Prep Area and Reception Area to be provided and installed by Owner and remains separate of Main Proposal. Set Up: • Provide necessary labor to install all Appliances and Prep Tables. 2 of 3 Payment Schedule: 1/3 of Contract balance due at contract date, 1/3 of Contract Balance Due after FRP Boards installed and Final payout due at Completion of Contract. All material is guaranteed to be a •ecified and completed in a substantial workmanlike manner for the sum of Dollars $15,875.00 Respectfully submitted: Per: Shaw McPartland, President McPartland onstruction Consultants, Inc. Note: This proposal may be withdrawn by us if not accepted within 30 days. Any alteration or deviation from above specification involving extra costs will be executed only upon written change order, and will become an extra charge over and above the estimate. All agreements contingent upon accidents, or delays beyond our control. Acceptance of Proposal The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payme! will •utlined above. Signature: Date: Signature: Date: 3 of 3 n; t rase C 630 _ orV3 ! IJo. 9 EPSI ES OEMS 9 d 9-01 FEBRUARY t L " (I :p) 1 7O 7 �3 �r� - /c 7 /, a�I iii er '� y3 7 15 STORE LEASE APE aonrss ITT GEORGE.; COLE* LEGAL FAIRS_. /100 rkes any wwu,rw alPVryprMlorors.yorslog acting os A:posIy finerclarrMep!blr Mans lot Pad cat/ prpo rJ auk sanywyrttnlywdll NSpecllhurrtlu tacit Jryu Ywcrran ulmnrcM1anNbil or Mans brnPPAtuBl purpose, OAIE OF LEASLI" ) TERM OF LEASE 6-- /g -07 BEGINNING Location of Premises; e209 S / EPH,SA" ST Purpose: d7 -©/- 07 , ' /, 700.©CJ ENOmS 06,- 3C7 -00? urmermV RENT ' (' /sr F<1(R Le,oAZT /L 604c34I LESSEE AL/ TUCK& 5 fli L / Tuc'xE • /3 /Sr5 'VA pY, E' 02nd r — /, 7S©. oU Securr%' 499 SA/F.4'7 5 P - 'rsFS, /NC LESSOR r. NAME • ENTERo 1 L c ""us • 7/2 4/VC Tei L N • LEirroNT /L 61)43r CI IT A//9/t'eeP0/LLF /C 6`05//0 In consideration of the mutual covenants and agreements herein stated, Lessor hereby, leases to Lessee and Lessee hereby leases from Lessor solely for the above purpose the premises designated above (the "Premises "), together with the appur- tenances thereto, for the above Term. RENT WATER, GAS AND ELECTRIC CIIARGFS il1BLRTTIN( ASSIGNMENT. LESSEE NOT TO MISUSE CONDITION ON POSSESSION ItE:PAIRS AND MArvTE- NA NC ACCESS TO PREMISES NON- LIABILITY OF LESSOR. I. Lessee shall pay Lessor or Lessor's agent as rent for the Premises the suns stated above, monthly in advance, until termination of this lease, at '- essor's address stated above or such other address as Lessor may designate in writing. 2. Lessee will pay, in addition to the rent above specilied,Yill water rents, gas and electric light and power bills taxed, levied or charged on the Premises, for and during the time for which this lease is granted, and in case said water rents and bills for gas, electric light and power shall not be paid when due, Lessor shall have the right to pay the same, which amounts so paid, together with any suers paid by Lessor to keep the Premises in a clean and healthy condition, as herein specified, are declared to be so much additional rem and payable with the installment of rent next due thereafter. 3. 'Floe Premises shall not be sublet in whole or in part to any person other than Lessee, and Lessee shall riot assign this lease without, in each case, the consent in writing of Lessor first had and obtained; nor permit to lake place by any act or default of himself or any person within his control any transfer by operation of law of Lessee's interest created hereby; nor alter for lease or sublease the Premises, nor any portion thereof, by placing notices or signs of To Let," or any other similar sign or notice in any place, nor by advertising the same in any newspaper or place or manner whatsoever without, in each case, the consent in writing of Lessor first had and obtained. If Lessee, or any one or more of the Lessees, if there be more than one,.shall make an assignment for the benefit of creditors, or shall be adjudged a bankrupt, Lessor may terminate this lease, and in such event Lessee shall at once pay Lessor a sum of money equal to the entire amount of rent reserved by this lease for the then unexpired portion of the term hereby created, as liquidated damages. 4. Lessee will not permit any unlawful or immoral practice, with or without his knowledge or consent, to be commixed or carried on in the Premises by himself .or by any other person. Lessee will not allow the Premises to be used for any purpose that will increase the rate of insurance thereon, nor for any pur- pose other than that hereinbefore specified. Lessee will not keep or use or permit to be kept or used in or on the Premises or any place contiguous thereto any flammable fluids or explosives, without the written permission of Lessor first had and obtained. Lessee will not load floors beyond the floor load rating pre- scribed by applicable municipal ordinances. Lessee will not use or allow the use of the Premises for am purpose whatsoever that will injure the reputation of the Premises or of the building of which they are a part_ 5. Lessee has examined and knows the condition of the Premises and has received the same in good outer and repair, and acknowledges that no representations as to the condition and repair thereof, and no agreements or promises to decorate, alter. repair or improve floc Premises, have been made by Lessor or his agent prior to or at the execution of this lease that are not herein expressed. 6. Lessee shall keep the Premises and appurtenances thereto in a clean, sightly and healthy condition, and in good repair, all according to the statutes and ordinances in such cases made and provided, and the directions of public officers thereunto duly authorized, all at his own expense, and shall yield the same hack to Lessor upon the termination of tihis Ieasc, whether such termination shall occur by expiration of the term, or in any other manner whatsoever, in the sa inc can ditian of cleanliness, repair and sightliness as at the date of the execution hereof, loss by lire and reasonable wear and tear excepted. Lessee shall make all necessary repairs and renewals upon Premises and replace broken globes, glass and fixtures with Material of the same size and quality as that broken and shall insure all glass in windows and doors of the Premises at his own expense. 1f, however, the Premises shall not thus be kept in good repair and in a clean, sightly and healthy condition by Lessee, as aforesaid, Lessor may enter the same, himself or by his agents, servants or employes, without such entering causing or constituting a termination of this lease or an interference with the possession of the Premises by Lessee, and Lessor may replace the same in the same condition of repair, sightliness, healthiness and gleaminess as existed at the date of execution hereof, and Lessee agrees to pay Lessor, in addition to the rent hereby reserved, the expenses of Lessor in thus replacing the Premises in that condition. Lessee shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. 7. Lessee will allow Lessor or any person authorized by Lessor free access to the Prcmiscs for Ibo purpose of examining or exhibiting lie same, or to snake any repairs or alterations thereof which Lessor may sec lit to make, and Lessee will allow Lessor to have placed upon the Premises at all times notices of "For Sale" and "For Rent", and Lessee will not interfere with the same. R. Except as provided by Illinois statute, Lessor shall not be liable to Lessee for any damage or injury to him or his property occasioned by the failure of Lessor to keep the Premises in repair, and shall not be liable for any injury done or occasioned by wind or by or from any defect of plumbing, electric wiring or of insulation thereof, gas pipes, water pipes or steam pipes, or from broken stairs, porches, railings or walks, or from the backing up of any sewer pipe or clown- spout, or from the bursting, leaking or running of any tarok, tub. washstand, water closet or waste pipe, drain, or any other pipe or tank in, upon or about the Premises or the I kl.is,kJ. CM'.l',f (cyst- ,oVot,trve4 ge 4,4g &la -7'2N sea' &yap /Lacr S-Je cV2r p‘.-.4 L-PScyg�( LATE CHARGE 27. Lessee shall save and hold the Lessor, the manager free and harmless from any and all actions, causes of action, clams, demands, losses, injury or damages of whatsoever kind of nature they may be which results from the use and occupancy of the leased premises by the Lessee. 28. The payment of rent is due on the l''' day of each month commencing 7-01- 0Y1 , and on the 1st day of each month thereafter. If Lessee fails to make said rental pay each month, Lessee shall pay $ 5,r,, late charge fee for rent not received by 5th of each month. IN WITNESS WHEREOF of the understanding have set their hands and seals this_O day of - /�HC . L fC G (Seal) LESSOR LESSEE (Seal) , qep 27 2007 3:03PM STYCZYNSKI WALKER ASSOC 8307092515 p.4 STYC %YNSKI ■WA .KKR & ASSOCIATES 535 P1.AINFIELD ROAD SlI111E 13 w`r1.l.r)W t1Rlx)K.11. 60527 VoIcr: (630) 789.2513 Pax: (630) 789 -25I5 Sold To: ALI 1UCK ER ARTISTIC ENTERTAINING 13145 RAPHAEL LEMONT, I L 60439 Invoice Invoice Number: 7099 Invoice Dale: Apr 27. 2007 Customer ID • Payment Terms Due Date Sales Rep ID SWEET SURPRISES QuantIV 1.OD DUE UPON RECEIPT 4/27/07 Item ARCH 1.00 ARCH 1.00 BLUEUNE 2.00 BLUEUNE Description 1.00 BLUEUNE 3.00 BLUELINE 1.00 BLUELINE ARCH 1.00 1.00 ARCH PROD ELT #0631 S - ALI TUCKERS ARTISTIC ENTERTAINING AT209 STEPHEN STREET, LEMONT,. IL HOURS TO DATE FOR DESIGNING THE BUILD-OUT AND PREPARING TINA L CONSTRUCTION DRAWINGS: A W S - 1.50 HOURS ®5140.00/HR - 8210.00 LUA - 14.50 HOURS ® $95.00/HR - 81,377.50 GAS- 11.00 HOURS CI S85.00/HR- 8935.00 JAK -.75 HOURS Q S65.00/HR - $48.75 TOTAL a 82,57125 LESS A 1094 DISCOUNT PER BILL S. 1 SET BOND PRINTS (1 /09/07) 4 SHTSISEI' ® 56.00 /SET 2 SETS BOND PRINTS, 1 SET SIGNED& SEALED (1 /09/07) 4 SHTS/SET® $6.00 /SET 1 SET BOND PRINTS (01/09/07) 3 SHTSISET Q 84.50/SET 3 SETS BOND PRINTS, 2 SETS SIGNED & SEALED (01/09/07)4 SHTS/SET ®86.00/SET 1 SET REVISED BOND PRINTS (4/26/07) 4 SHTS/SEP (a $6,00/SET PLOTTED CAD DRAWINGS 880.00 (NO CHARGE FOR PLOTTED CAD DRAWINGS PER BILL) CREDIT OF $500.00 FOR RETAINER PAID CREDIT OF 51,000.00 FOR PROD, PAY. PD ON 1NY 7041 Unit Price 2.57 L25 257.00 6.00 6.00 4.50 6.00 6.00 500.00 1,000.00 Extension 2,571.25 -257.00 6.00 12.00 4.50 18.00 6.00 - 500.00 -1,000.00 copy Subtotal Total tev ale* Anomie Check No: Payment Received TOTAL We will add finance charges an Invoioes male than 30 days overdue. 80.7 Sep 27 2007 3:04PM STYCZYMSKI WALKER ASSOC 0307002515 STYCZYNSKI WALKER & ASSOCIA"ITS 535 `1"Xl I ILLD ROAD SUI1E B WILLOWIBROOK.IL 60527 Voice: (630) 789 -2313 Eat: (630) 789.2515 Sold To: ALI TUCKER ARTISTIC ENTERTAINING 13143 RAPHAEL LEMONT.IL 60439 Invoice Invoice Number: 7160 Invoice Date: 1'.m 7. 2007 Customer ID SWEET SURPRISES Payment Tams p.5 Due Date Sales Rep ID Not Due 617107 Quantity L Item 3.00 Description R,,,, , . w a - ALI ruatmwal.l(TUrnO ENTERTAINING AT 209 STEPHEN STREET, LEMONT, IL I3LUELINF. 13 SETS REVISED BOND PRINTS, SIGNED& SEALED (5/04/17) 4 SHTS/SET Q $6.00/SET Unit Price 6.00 Extension IRO: COPY Subtotal Tote[ Invoice Amount Check No: Payment Received TOTAL We will add finance charges on 'molars more than 30 days overdue. 11 1 Step 27 2007 3:03PM STYCZYNSKI WALKER ASSOC 6307092515 p.3 WIYC %YN*,146(.A,I,KER & ASSOCIATES 535 P1AIN1'IELD ROAD SUITE 13 W II.I.UWI3RO()K. IL 60527 Voice: 16301789.2513 Fax: (6301 78 9 -25 15 Sold To: A1.1 TUCKER ARTISTIC ENTERTAINING 13145 RAPHAEL LEMONT, IL 60439 Invoice Invoice Number: 7041 Invoice Date: Mar 9. 2007 Customer ID SWEET SURPRISES Payment Terms Due bate Sales Rep ID DUE UPON RECEIPT 3N117 anti 1.00 Item ARCH Description PROJECT #06318 -ALI TUCKER ARTISTIC ENTERTAINING, 209 STEPHEN STREET, LEMONT, 1L PROGRESS PAYMENT copy Unit Price 1,000.00 Extension 1,1300.01 Subtotal Total Invoice Amount Check No: Payment Received We will add 1'manee charges on invoices more Than 30 days overdue. 1,000 1,000 0 TOTAL 1,000 Sep 27 2007 3 ;03PM STYCZYNSKI WRLKER RSSOC 6307602515 STYCZYNSK1 WALKER & ASSOCIATES 535 PIAINFIELD ROAD SUITE B WIL LOWB ROOK. IL. 60527 Voice: (630) 759 -2513 Fax: (630) 789-2515 7 Sold To: AU TUCKER ARTISTIC ENTERTAINING 13145 RAPHAEL LEMONT, IL 60439 Invoice Invoice Number: 6968 Invoice Date: Jan 10, 2007 p.2 Customer ID Payment Terms Due Date Sales Rep ID SWEET SURPRISES Net Due I /10107 Quantity I.00 ARCH Item Description PROJECT #063I8 • RETAINER FOR ALI TUCKERS ARTISTIC ENTERTAINING AT209 STEPHEN STREET, LEMONY, IL COPT A I. u- WM/74i Unit Price Emensien 500.00 500.00 Subtotal Total Invoice Amount Check No: Payment Received TOTAL We will add finance charges on invoices more than 30 days overdue. 500! 500. 0: 500. VILLAGE OF LEMONT PRIVATE SIGNAGE IMPROVEMENT PROGRAM AGREEMENT TIF DISTRICT THIS AGREEMENT, entered into this #Thay of , 2001, between the Village of Lemont, Illinois (hereinafter referred to as the "Village ") and the following designated OWNER/LESSEE, to wit: Owner's /Lessee's Name: /9- f / TuepF.P , ( hlson L c j c --r c3 Name of Business: Ara'j Sfic� &i - & n i Address: J 69 @�- /I \S-free--- City: Leman,t,,/ State:, sx.0:te.) Zip Code: 6 d 427 WITNESSETH Whereas, the VILLAGE has established a Private Signage Improvement Program for application within certain designated commercial rehabilitation areas of the VILLAGE known as the Tax Increment Financing District; and Whereas, said Private Signage Improvement Program is administered by the VILLAGE and is funded from District Revenues for purposes of control and prevention of blight, dilapidation and deterioration of designated areas within the District, and Whereas, pursuant to said Program the VILLAGE has agreed to participate, subject to its sole discretion, in sharing the cost of Signage Improvements to commercial establishments within the District up to a maximum of one -half (1/2) of the approved contract cost of such improvement but in no event shall the total Village participation exceed Seven Hundred Fifty Dollars ($750.00) per sign for sign design and sign procurement; and Whereas, the OWNER's /LESSEE's property is located within the Tax Increment Financing District /Downtown, a designated rehabilitation area, and the OWNER/LESSEE desires to participate in the Private Signage Improvement Program pursuant to the terms and provisions of this agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreement obtained herein, the VILLAGE and OWNER/LESSEE do hereby agree as follows: SECTION 1: COST SHARING - The VILLAGE shall share in the signage design and procurement costs for the OWNER's /LESSEE's property up to fifty percent (50 %), up to a maximum amount not exceeding Seven Hundred Fifty Dollars ($750.00) per sign. The actual amount per this agreement shall not exceed $ . The signage design 2 and procurement costs which are eligible for VILLAGE participation include all labor, materials, equipment and other contract items necessary for the proper execution and completion of the work as designated from the design drawings approved by the VILLAGE. Said design drawings and specifications are attached hereto as Exhibit IV. SECTION 2: DESIGN APPROVAL - No private signage work shall be undertaken until the following is completed: • The application has been completed and approved by the Village; • The design therefore has been submitted to and approved by the Building Department/Community Development Department for code compliance; • The Village has determined the proposal meets the intent of the Downtown Sign Ordinance; • The sign is being installed by an accredited, licensed sign professional; No Application shall be processed or approved in cases when non - conforming signs exist on the building; unless the conflict has been resolved prior to the approval. No private signage work shall be undertaken until the design therefore has been submitted to and approved by the Building Department. Following approval, the OWNER/LESSEE shall contract for the work and shall commence and complete all such work within one hundred eighty (180) days from the date of such approval. 3 Following approval, the OWNER/LESSEE shall contract for the work and shall commence and complete all such work within one hundred eighty (180) days from the date of such approval. SECTION 3: REVIEW OF PROJECT - The Economic Development Coordinator shall periodically review the progress of the contractor's work on the signage pursuant to this Agreement. Such inspections shall not replace any required permit inspection by Village Inspectors. All work which is not in conformance with the approved 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 drawings, specifications, and terms of this Agreement. SECTION 4: DOCUMENTATION REQUIREMENTS - Upon completion of the signage improvement and upon its final inspection and approval by the Building Department, the OWNER/LESSEE shall submit to the VILLAGE 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 VILLAGE proof of payment of the contract cost pursuant to the contractor's statements. The VILLAGE shall, within thirty (30) days of receipt of the contractor's statement and proof of payment issue a check to the OWNER/LESSEE in payment of one -half of the approved cost or Seven Hundred Fifty Dollars ($750) whichever 4 is less. In no case shall the amount paid to the OWNER/LESSEE exceed the amount specified in this Agreement or in the contractor's statements. At time of reimbursement and throughout the term of this agreement, all signage under the control of the OWNER/LESSEE shall be in conformance with Village sign code provisions. SECTION 5: FAILURE TO COMPLETE WORK - If the OWNER/LESSEE or his contractor fail to complete the signage improvement work provided for herein in conformity with the plans, specifications and terms of this Agreement, the Agreement shall terminate and the financial obligation on the part of the VILLAGE shall cease and become null and void. SECTION 6: MAINTENANCE OF IMPROVEMENTS - Upon completion of the signage improvement work pursuant to this Agreement and for a period of three (3) years thereafter, the OWNER/LESSEE shall be responsible for properly maintaining such signage improvement in its finished form and without change or alteration thereto, as provided in this Agreement, and for the said period of three (3) 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 signage, or the approved design thereof, nor shall OWNER/LESSEE undertake any other changes, by contract or otherwise, to the improvement provided for in this Agreement unless such changes are first submitted to the Economic Development Coordinator, and any additional review body or commission designated for approval; which approval shall not be unreasonably with held if 5 the proposed changes do not substantially alter the original design concept of the signage as specified in the drawings and plans approved pursuant to this Agreement. SECTION 7: UNRELATED IMPROVEMENT - 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 signage improvement provided for in this Agreement. SECTION 8: AGREEMENT APPLICABLE TO FUTURE OWNERS - This Agreement shall be binding upon the VILLAGE OF LEMONT and upon the OWNER/LESSEE, to said property for a period of three (3) years from and after the date of completion and approval of the signage improvement provided for herein. It shall be the responsibility of the OWNER/LESSEE to inform subsequent OWNER(s) /LESSEE(s) of Section 6 of this Agreement. SECTION 9. MAXIMUM GRANT AWARDS - Nothing in this Agreement shall prohibit a business property owner from applying for more than one Grant. However, a Ten Thousand Seven Hundred Fifty Dollar ($10,750.00) limitation shall apply to all Sign Grants, Building and Site Improvement Grants, or Interest Rate Program Awards made to a single building and /or lot within any three (3) year period. For the purpose of calculating the three (3) year period, the date of the last Village payment shall be considered the start of the three (3) year period. 6 SECTION 10: CONSTRUCTION INDEMNIFICATION - The owners of the subject property agree to defend and hold harmless the Village from any and all claims which may arise out of said owners' construction activities under this Agreement. SECTION 11: GENERAL INDEMNIFICATION - In the event that, as a result of this Agreement, or actions taken as required hereunder, the Village is made a party defendant in any litigation arising by reason of this Agreement, or the construction and development activities contemplated hereunder, the owners agree to defend and hold harmless the Village, the mayor, trustees, officers and agents thereof, individually and collectively, from any suits and from any claims, demands, setoff or other action including but not limited to judgments arising therefrom. The obligation of the owners hereunder shall include and extend to payment of reasonable attorneys' fees for the representation of the Village and its said officers and agents in such litigation and includes expenses, court costs and fees; it being understood that the owners where there shall be no applicable standards provided therein, shall have the right to employ all such attorneys to represent the Village and its officers and agents in such litigation, subject to the approval of the corporate authorities of the Village, which approval shall not be unreasonably withheld. The owners shall have the right to appeal to courts of appellate jurisdiction any judgment taken against the Village or its officers or agents in this respect, and the Village shall join in any such appeal taken by the owners. 7 SECTION 12: PERFORMANCE OF AGREEMENT - It is agreed that the parties hereto may in law or in equity, by suit, action, mandamus, or any other proceeding, including specific performance, enforce or compel the performance of this Agreement, which shall include the right of the parties to recover a judgment for monetary damages against each other, provided, however, that the owners shall not have a right to recover a judgment for monetary damages against any elected or appointed official of the Village for any breach of any of the terms of this Agreement. The Village reserves the right to maintain an action to recover damages or any sums which owners have agreed to pay pursuant to this Agreement and which have become due and remained unpaid. SECTION 13: EXHIBITS - It is agreed that exhibits 1 through V shall be considered part of this agreement. SECTION 14: DISPLAY OF VILLAGE FUNDING PROMOTIONAL MATERIAL - All program participants shall be required to prominently display a poster identifying the property as receiving Village funding. The sign will be provided by the Village and shall be displayed from the date the application is approved, to no less than thirty (30) days after final approval and reimbursement is made. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date first appearing above. 8 OWNERS/LESSEE Program Participant DATE: g/21-er—o, (P;cL- Prope DATE: caner oZ co', -nhJD7 Rev. 03/03 9 VILLAGE OF LEMONT Villag: Pres' ATTEST. DATE: Village Clerk EXHIBIT I EXHIBIT II EXHIBIT III EXHIBIT IV EXHIBIT V EXHIBITS PROOF OF OWNERSHIP EXECUTED LEASE'S COPY OF APPLICATION SIGNAGE PLANS CONTRACTOR'S AGREEMENT 10 VILLAGE OF LEMONT 418 MAIN STREET LEMONT, ILLINOIS 60439 (630) 257-1580 APPLICATION FOR S I G N n /PERMIT REAL ESTATE TAX I.D. # - APPLICANT MUST COMPLETE ALL ITEMS AND SUBMIT ALL NECESSARY PAPERWORK LOCATION OF IMPROVEMENT ADDRESS ` PIjU.. OW OR LESSEE, NAME ADDRESS PRONE NO. 630 -c,257 " SIGN CONTRACTOR G f a —ze l /-91-d n i J01:545 A ca_ ®r. 6,i'lLatn ,/GZ, 4,c62.5 275-" X36 ,- 0060 ELECTRICAL CONTRACTOR 111 Follow all Local Codes, Lemont Zoning Ordinances & National Electric Code. Signs must TOTAL COST OF IMPROVEMENT J/3 be approved by the Community Development Dept. & the Plan Commission. Signs in the Historic Downtown Business District shall obtain Cert. of Appropriateness from the Lemont Historic Preservation Commission. Submit plat of survey showing the building location & a drawing of the proposed sign showing the dimensions. The contractor installing the sign must be licensed with the Village of Lemont. A licensed electrical contractor is required to make electrical connections. CALL FOR ELECTRIC & FINAL INSPECTIONS 257 -1580. PERMIT FEE: $1.25 /Sq. Ft. ($50.00 minimum) Additional fee of $85.00 for lighted signs. ** BUILDING DEPARTMENT USE ONLY ** BUILDING A.< `3 c PERMIT NO. I'� I hereby and a work am owner CONFORM JURI declare that the above I do agree, in consideration building permit, to do or allow as herewith applied for. the owner /tenant/contractor to apply for this permit.I/WE T • ,° ' LICAB DICTI I N. information of and upon to be done I further authorized AGREE ,. E LAWS is correct, issuance of only such declare that I by the TO OF THIS BUILDING PERMIT FEE $ ii-- APPROVED BY PLANNING DEPT. Signatyre.of Applicant �} .. u -.2 7 v APPROVED BY BUILDING DEPT. Date of App 11 ation *UL-g3-2007 06:47 FRDM:ALRORA TENT & AWNING 18154360070 C-.>",--- , ' ( ' X-...), .. • - i ''',, ... _ _. • ..• /-------, 0/009ebbT8T:O1 9215.0-92,0T8) TU:1 425 699 3148 P.1/1 SNEIS S3d0440a..1 d82:20 2.002-2-117f