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R-43-02 06/10/02VILLAGE OF LEMONT RESOLUTION NO. RA3 -00- DATE: b_ / p . pa A RESOLUTION APPROVING VILLAGE PARTICIPATION OF DOWNTOWN PRIVATE SIGNA�rE GRANT PROGRAM WHEREAS, the Village of Lemont has adopted Ordinance 896, the Downtown Private Signage Grant, to provide incentives for building reinvestment within the Village of Lemont's Tax Increment Financing District; and WHEREAS, in accordance with the Downtown Private Signage Grant, the Village Board of Trustees shall consider participation in signage investment; and WHEREAS, Rossa's Ice Cream & Candy Shoppe, as the lessee of the property known as 310 Canal , Lemont, Illinois has completed the Downtown Private Signage Grant application for Village participation of said property; and WHEREAS, Village Staff has reviewed the 310 Canal application for compliance with the Downtown Private Signage Grant guidelines and has recommended approval of the request. NOW, THEREFORE, BE IT RESOLVED, that the Village President is authorized to execute the Private Signage Grant Agreement attached for 3"o Cana.((address) in accordance with the terms of Downtown Private Signage Grant guidelines. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DU PAGE AND WILL, ILLINOIS, ON this /off` day of v , 2002. AYES John Benik Debby Blatzer Peter Coules Connie Markiewicz Steven Rosendahl Jeanette Virgilio NAYS PASSED ABSENT CHARLENE SMOLLEN, Village Clerk Approved by me this / #' day of vru^ , 2002. Attest: CHARLENE SMOLLEN, Village Clerk VILLAGE OF LEMONT PRIVATE SIGNAGE IMPROVEMENT PROGRAM AGREEMENT TIF DISTRICT THIS AGREEMENT, entered into this day of , 2002, 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: 1,64 -v eOSE ..../4tr-hAJV 9- A l e 4'AJ/J ems Name of Business: OSSA ,S I '- -- Cle ,n a- C671/4-1 b j S Ppe: Address: Sit /1-4— City: LQNN.d7t 4- State: JI-c Zip Code: o `t 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,'1IIEREFORE, 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 and 2 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 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 the proposed 5 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 I 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 Progra articipant DATE: Property Owner ?7,esoviiy.-L__ DATE: c Rev. 7/99 9 VILLAGE OF LEMONT DAZE: Village Clerk G- /0-o,, EXHIBITS EXHIBIT I PROOF OF OWNERSHIP EXHIBIT II EXECUTED LEASE EXHIBIT III COPY OF APPLICATION EXHIBIT IV SIGNAGE PLANS EXHIBIT V CONTRACTOR'S AGREEMENT EXHIBIT 1 PROOF OF OWNERSHIP Not applicable EXHIBIT III GRANT APPLICATION TIF IS7 Non -TIF ❑ Project Address: 3/6 &KW -- Village of Lemont GRANT APPLICATION Section One: Applicant Information ❑ Property Owner Tenant Applicant Name: /i Ater e0SE SGIH FA'AJQ 1197vE L • goss Business Name (if tenant applicant): ROSS/4S C - C d' Lv'Yi SH Social Security Number: 333 - X8-58 i 1 or EIN: 4 - 085 rel q41 Residence Address: 4o?010 So • tiAJA91-) / fre City: State: Zip: 100609 Business Phone: 06...W5 ;5; 13 Home Phone: 7 13.847 -M / Section Two: Company Profile (if tenant applicant) .I New business establishing itself in Lemont ❑ Existing business relocating to Lemont from: City: State: ❑ Existing Lemont business expanding/remodeling at same location ❑ Existing Lemont business, expanding by adding a new location within Lemont ❑ Existing Lemont business, relocating to a new site/building within Lemont Old Address: New Address: Year Business Established: Years in Lemont: Type of Business: (Describe): ICe- G tDi)1 a. C (2.1ady U Lease Expiration Date: Full -time employees: CA Part-time employees: Section Three: Project Details Project Address: .510 C1 L. Property. PIN: 22 - -R e Yid e03 -ay.) Description of Proposed improvements' lr'G lj G /( 4) Anticipated budget as indicated by best bid: Please provide a breakdown of costs by activity and attach two proposals for the work. Staff will review your project and complete the grant eligible total costs. 1 • Non -TIF ❑ Project Address: 3/1) ACTIVITY COST GRANT ELIGBLE (staff use only) j , I/t)ii tv( 1/ fJ" l) - , ,)e /L 0 a-ebd Awiu-fri kee'111471L-4- , _/ 7 '(/' itsr. �Jtr'. Z /j /j4 Thal QPosac} cosi- i,5 915 00 Project Architect: Name: Address: Phone: Total Eligible Grant Request:. Project Contractor: Must be licensed and bonded by the / Village of Lemont Name: C>zezi SC7}�, izi (14-AM-c- sr htefli 'TIF'Non -'TIF ❑ Project Address: .'L) Section Four: Four: Property Owner/Building Information Building Square Footage: Number of units: / Average lease rates per s.f.: A, Property Owner: n 657 Sci 4i Property Owner Phone: • of 06.1 tJ% Owner Address: $ e+4 i*(-- City: � / e7-1Oa J7 State: -XL- Section Five: Conflict of Interest Disclosures Is any owner of the business and/or property an elected or appointed official of the Village of Lemont, or related to an elected or appointed official of the Village of Lemont, or routinely contracts with the Village of Lemont to provide goods or services? ❑ No gl Yes Explain: /1J/ r / p e ;- C1r91i0--/ ,LJt 1 IS i ,V9 7 5.6,4 -r r 5 /I' /41 rAs/ h t.-- p f 71< 1,- 5— o r i i? eS el- ; c: J Cern i: 77 c Application will be reviewed by the Economic Development Coordinator, Building Department, Community Development Director, and Historic Preservation Commission. • I, { ( C 1e) hereby make application to the Village of Lemont Grant Program in the anticipa4 amodnt oil S /9c0.0 0 .1 understand that my application must be approved by the Village and that it must conform to any established Design Guidelines, as well as, specific design recommendations of the Village of Lemont. I have read a copy of the Grant Program Agreement and lien provisions. If approved, I understand that all work performed is subject to development, building, p; it and agreement provisions. r II.L.). i °/ :11 .rtgi Applicant Ignature 4/02 ?/0.09— Date Property Owner Please return completed application to: Economic Development Coordinator Village of Lemont 418 Main Street Lemont, IL 60439 (630) 257 -6440 3 EXHIBIT IV SIGN PLANS t, oo—I11 -2002 12 :43PM FROM S�ji WWII EXPRESS 924 WARREN AVE DOWNERS GROVE, L 60515 630/964 -3500 DATE - - TO KI;7".._ FROM TO 13124547301 P.01 91:1( 4e... Ottcb cz ROA: s 'T ICE CREAM &CANDY SNOPPE -oz- 243 -7523 ao cA) odotA) stin PAX 630/964 -1325 TOTAL P.01 EXHIBIT V PROPOSAL 05-01-2002 12:52PM FROM TO 13124547301 P.01 fed (Ct6 4.3 ?‘"?) C6 2,17, Stir? € 14-:2k) 4104 it ...lit.. i• 62.'t/6.); C-)t-1-4751(.4 ROTAS ICE CREAM & CANDI SHOPPE 243-7523 To: . From: Date: Re: GRANT APPLICATION REVIEW MEMO Tim Teddy, . Community Development Director John Fincham, Building Commissioner Historic Preservation Commission (✓ if applicable ❑ ) Michael Bogert, Economic Development Coordinator May 16, 2002 Grant Application Please review the attached grant application, sign and return. Department Building Community Development Historic Preservation Commission (if applicable) Comments: Contact John Fincham Tim Teddy