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R-31-02 04/22/02VILLAGE OF LEMONT RESOLUTION NO. ____ DATE ZoA, RESOLUTION APPROVING VILLAGE PARTICIPATION IN TIF BUILDING AND SITE GRANT PROGRAM FOR 206 STEPHEN STREET WHEREAS, the Village of Lemont has adopted Ordinance 0- 71 -99, the Downtown Building & Site Improvement Grant, Sign Grant and Low Interest Loan 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, the Village Board of Trustees shall consider participation in building reinvestment; and WHEREAS, Michael Lippner as the property owner for the property known as 206 Stephen Street has completed the Downtown Building & Site Improvement Grant application for Village participation of said property; and WHEREAS, Village Staff has reviewed the 206 Stephen Street application for compliance with the Downtown Building & Site Improvement Grant guidelines and has recommended approval of the request. NOW, THEREFORE, BE IT RESOLVED, that the Village President is authorized to execute the Building and Site Grant Agreement attached for Ten Thousand Dollars (510,000.00) in accordance with the terms of the Downtown Building & Site Improvement guidelines. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE AND WILL, ILLINOIS, on this 404 day of 4/361 , 2002. John Benik Debby Blatzer Peter Coules Connie Markiewicz Steven Rosendahl Jeanette Virgilio AYES NAYS PASSED ABSENT v Approved by me this Are Iday of CHARLENE SMOLLEN, Village Clerk , 2002. CHARLENE SMOLLEN, Village Clerk APPROVED AS TO FORM: Village Attorney • VILLAGE OF LEMONT BUILDING AND SITE IMPROVEMENT GRANT PROGRAM AGREEMENT TIF DISTRICT THIS AGREEMENT, entered into this ___ day of , 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: Address: City: `-; \A'\-� 57-s IM. i \ State: \ L Zip Code: (cO'\, ?j Name of Business: Project Address(es) \(:)(_0 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 (S10,750.00} 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 (S1,000.00) reimbursement; and Whereas, the OWNER's/LESSEE's property is located within the Tax Increment Financing District/Downtown, a designated rehabilitation area, and the OWN.ER/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 l: 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 (S10,750.00) for construction and architectural cost with S750.00 reserved for sign improvements. Architectural reimbursement shall be One Thousand Dollars (51,000.00) . The actual amount per this agreement shall not exceed S /. ,c , for construction cost and S 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 REOUIREMENTS - Upon completion of the building and site improvement/historic preservation and upon its final inspection and approval by the Building Department, the OWN. 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 (S10,750.00) whichever is lest. In no case shall the amount paid to the OWN-ER/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 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 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; installation of landscaping which meets Downtown Streetscape Master Plan; paving for existing parking lots, lighting & striping (does not apply to new parking lots or expansion of existing parking lots); replacing or upgrading of stormwater, curbing, replacement of retaining walls, electrical wiring upgrades, interior sprinkler systems, fire alarm systems, elevators, interior floor, ceiling improvements, plumbing and improvements to meet ADA requirements. SECTION 7: FILING OF LIENIIAINTENANCE 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 0101.1-ER/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 4 remove such improvement, 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 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 VII.,LAGE 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 (S10,750.001 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 the three 5 (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 EXHIBIT 1 PROOF OF OW1vERSHIP WARRANTY DEED IN TRUST I THIS INDENTURE WITNESSETH, That the Grantor s. Bob G. Price married to L)1a Price and James P. Price married to Janet Price of the County of Cook and State of T 1 1 i no i s for and in consideration of the sum of Ten and 00 /100ths -Dollars (S 1 n pp 4 in hand paid, and of other good and valuable considerations, receipt of which is hereby duly acknowledged, Convey _ and Warrant _ unto State Bank of Countryside a banking corporation duly organized and existing under the laws of the State of Illinois, and duly authorized to accept and execute trusts within the State of Illinois, as Trustee under the provisions of a certain Trust Agreement, dated the 2 4th day of Jan . 19 9 4 and known as Trust Number 94 -1 "i9? the following described real estate in the County of Cook and State of Illinois, to -wit: Lot 3 and the south 1/2 of Lot 2 in Block 3 in Truesdell's addition to Athens, in the west 1/2 of the southeast 1/4 of Section 20, Township 37 North, Range 11, east of the Third Principal Meridian, in Cook County, Illinois. This property is not homestead property. SUBJECT TO easements for public utilities; taxes for 1993 and subsequent years; conditions and covenants of record TO HAVE AND TO OLD the said real estate with Inc appurtenances, upon Inc trusts, and for the uses and purposes hercm and in said Trust Agreement set forth. Full power and authority is hereby granted to said Trustee to improve, manage, protect and subdivide said real estate or any pan thereof, to dedicate parks streets. highways or alleys and to vacate any subdivision or pan thereof, and o as re- subdivide said real estate u hen desired, to contract to sell. to grant options to purchase, to sell on any terms, to convey either such or without consideration. to convey said real esti.., or any put thereof to a successor or successors m trust and to grant to such successor or successors in trust all of the tide, estate. pavers and authorities vested in said Trustee, to donate, to dedicate, to mortgage, pledge or otherwise encumber said real estate. or any pan thereof. to lease said real estate. or any pan thereof, from time to c.rne, in possession or reversion, by leases to . ommence in praesenti or In futuro, and upon any terms and for any pentad or periods of time, not exceeding m the case of any single demise the tern of 198 years, and to renew or extend leases upon any terns and for any pond or periods of time and to amend. change or modify leases and Inc terms and provisions thereof at any titre or times hereafter. to contract to make leases and to grant option., to lease and options to renew leases and options to purchase Inc whole or any pan of the reversion and to contract respecting the manner of fixing the amount of present or future rentals. to pannion or to exchange said real estate. or any pan thereof. for other real or personal property, to grant easem; rats or charges of any kind, to release, convey or assign any tight. title or interest in or about or easement appurtenant to thereof, real estate or any pa,: and to deal with said real estate a every pan thereof n all other ways and for such other considerations as it would be lawful for any person owning the same to deal with Inc same, whether similar to or different from the ways above specified. at any time or times hereafter. In no case shall ac- party dealing with the Trustee, or any successor in trust. in relation to said real estate, or to whom said real estate, or any pan thereof shall be con,eycd• contracted to be sold, leased or mortgaged by said Trustee, or any successor in trust, be obliged to see m Inc application of any purchase money. rent or money borrowed or advanced on said-real estate, or be obliged to see that Inc terms of this trust have been complied owith, or be obliged a inquire into Inc authonty, necessity or expediency of any act of sand Trustee. or be obliged or privileged to inquire into any f the terms of said Trust Agreement; and every deed, bust deed, mortgage lease or other instrument executed by sad Trustee. or any successor M (rust. in relation to said real estate shall be conclusive evidence in favor of every person (including Inc Registrar of rides of said county) relying upon or claiming under any such conveyance. lease or other instrument (a) that at the ume of the delivery thereof Inc trust created by this indenture and by said Trust Agreement was in full force and effect. (b) that such conveyance or other instrument was executed in accordance with the trusts. conditions and limnatons contained in Nu Indenture and in sand Trust Agreement or in all amendments thereof, if any, and binding upon all beneficiaries thereunder, (c) that said Trustee, or any successor in trust. was duly authorized and empowered to execute and deliver every such -deed. trust deed. lease• mortgage or other instrument and (d) if the conveyance is made to a successor or successors. in trust- that such successor or successors trust been properly appointed a are (ally vested with allfthe m bu title, estate. rights. pavers, authorities, duties and obligations of i0. his or their predecessor In lift. This conveyance is made upon the express understanding and condition that neither State Banc of Countryside• individually or as Trustee, nor its successor or successors In trust shall incur any personal liability or be subjected 10 any claim. Ludgment or decree for anything it or they or ita agents or attorney. may do or omit to do in or about the said real estate or under the provisions of this Deed or said Trust Agreement or any amendment thereto. or for In tad; to person or property happening In or about said real estate any and all such liability being hereby expressly waived and released. Any contract, obligation or indebtedness incurred 01 entered ino by Inc Trustee in connection with said real estate may be entered into by it in the name of Inc then beneficiaries under said Trust Agrees ❖:a as their ..no -in-fact. hereby irrevocably appointed for such purposes. or u Inc election of the Trustee. in its own name, as Trustee of an express trust and nut Individually (and Inc Trustee shall have to obligation whatsoever with respect to any such contract, obbgauon or indebtedness except only so far as Inc trust property and funds in the actual possession of the Trustee shall be applicable for (he payment and discharge thereof). All persons and corporation whomsoever and whatsoever shall be charged with notice of this condi- tion from the date of Inc filing for record of this Deed. The interest of each and every beneficiary hereunder and under said Trust Agreement and of all persons claiming under them or any of them shall be only In the earnings. avails and proceeds arising from the sale or any other disposition of said real estate. and such mutest Is hereby declared to be personal property, or.l no beneficiary hereunder shall have any title or interest. legal or equitable, in or to said real estate. as such. but only an interest an the earnings. avails and proceeds thereof as aforesaid. Inc intention hereof being to vest In said State Bank of Countryside Inc entire legal and equitable title In fee simple. m and to au of the real estate above descnbed. If the tale to any of the above real estate is now or hereafter registered, The Registrar of Titles is hereby directed not to register or note in the certificate of ate or duplicate thereof, or memorial, the words "m trust'. or "upon condition". or "with limitations", or words of similar Import. In accordance with the statute in such case made and provided. and said Trustee shall not be required to produce the said Agreement or a copy thereof. or any extracts therefrom, as evidence that any transfer. charge or other dealing Involving the registered lands is in accordance with Inc true taunt and meaning of the trust. And the said grantor S hereby expressly waive and release any and all nght or benefit under and by virtue of any and all statutes of the State of Illinois. providing for the exemption of homesteads from sale on execution or othervise In Witness Whereof, the grantor 3 aforesaid Ve to se[ their seal S th�i•� '� 1f-4 �_ day of 5s,1L �� 19 Cf. S._ and ob G G. . Price 'f rice ame.s...P....Tr.ice (SEAL) [SEALI (SEALI State of rlc'r' rPw_ I. ,/ - '.y.:'� "y�'•p N ( - tyr'%'�,l r,.,� a Notary Public m and for sad County, Count of c r -• 155 In ah< vial. of aforesaid. d,. a. Ieby certify that Bob G . Price and Jame 5 P - rtcti i C,Fy Goo v: ?� u ersonally known to me to be the same person S whose name S < yp.•\ a)° ,5'p ubscnbed to the foregoing Instrument, appeared before me this day in pe, ion and acknowledged that <. • �T,'s G v the ysigned, sealed and delivered Inc said instrument as their c c e ''' ci � Co. �' free and voluntary act, ��rr�_,,r Inc uses and purposes therein set forth.. including Inc release and waiver of Inc r�' 3m. R c • tight of homestead../ �; r f : Q ( e, . Go <' Ginn under my W a noanal seal ;Y� /day of `'' fry iA hi'/.''. y I9 ii 'vLw .. "•••;1 �.-9 'r ,i i (;h59gLryfsc..' 7 r.C_ a•''repared by. Mail to: FATE BANK OF COUt, YSIDE 8754 JOLIET ROAD • COUNTRYSIDE, Arts 80625 .7081 48.5-3100 Oucumcm Number RI -C Form I53:41ti EXHIBIT III GRANT APPLICATION Applicant Name: YLL- LL-` e File Number: BUDGET (anticipated) ACTIVITY ESTIMATED COST C----..---- '‘I-----CtiCA-E) -1‘":"\--/Y1:345- Total Anticipated Grant Request: $" �--- /C1 Cc30 Architect for the Project: Name: Ce'(? L1 v q' Address: 2 j [ o S CL" \-■_ (,%tk_C It 7\ Phone: c�.S-7 -L C F, Contractor for the Project: Name: J " \ kf C Address: () S-7 1 (%/1,i , Phone: Lr;"O 77,- Application will be reviewed by the Economic Development Coordinator , Building Department, and Community Development Director. Applicant Name - File Number: I, Cs� �-C� LQ 4? hereby make application to the Village of Lemont for a Building & Site Improvement Grant Program in the anticipated amount of $ 0 OL a I understand that my application must be approved by the Village and that it must conform to established design guidelines, as well as, specific design recommendations of the Village of Lemont. I have read a copy of the Building & Site Improvement Grant Program Agreement and lien provisions. If approved, I understand that all work performed is subject to development, building, permit, and agreement provisions. Applicant Signature, Please return the completed application to: Economic Development Coordinator Village of Lemont 418 Main Street Lemont. IL 60439 Date L� Date If you need assistance with the application and/or have general inquiries, please contact the Economic Development Coordinator at (630) 257-6440. tc`7c-,.- -2-S 7 S- 7 EXHIBIT IV PROJECT PLANS 206 Stephen Rehab Summary The building at 206 Stephen is actually two buildings both built between 1860 to 1880. The roofs of the two buildings were patched together probably somewhere around 1900, judging by the materials and nails used. The separating walls were removed and the two buildings have been known as 206 Stephen since that time. They are both included in one real estate parcel number. In the last 100 years it has been subjected to various additions, demolitions and remodeling projects none of which complied with any building codes. I purchased the building in 1995 from the Price brothers who operated a paint store on the first floor for several years. According to second and third generation Lemonters I have spoken with, the building has served as a grocery store, butcher shop, bakery and a dry goods store. The current project is my second improvement effort for the building.. In 1996 the electrical and plumbing on the first floor was brought up to code and flooring was replaced. No grant was applied for at that time. In the current project, the second floor was removed and rebuilt. Since the building is frame construction, to attain the 3 hour fire rating required by the code, the side walls were rebuilt with steel studs and will have 4 layers of inch drywall on each side. The building will have 2 two - bedroom apartments and one one - bedroom apartment on the second floor. Two commercial units of 1,200 square feet each or one unit of 2,400 square feet will occupy the first floor. The building has five parking spaces accessible from the alley. The front of the building was designed by Greg Vavra to comply with the historical style of downtown Lemont. The trim and brackets used will be in the style of the 1890s. The paint used will be from the Benjamin Moore historical color collection. The electric, heating and plumbing remains to be done. The grant application is made for the installation of fire protection sprinklers on all four levels — basement, first floor, second floor and attic. Each room will be sprinkled. Attached is the proposal from Highland Fire Protection, Inc.. The sprinkler installation has not begun. Hopefully the building will be completed in mid - summer of this year and fully occupied by the fall. Thank you for your attention. Mike Lippner A,PR -09 -2002 01:31 AM Hicrhland Fire Protection Inc. Design / Installation 89 W. Main West Dundee, lil. 60118 Office: (847) 428 -2819 Fax: (847) 428 -7636 FIRE SPRINKLER PROPOSAL BID TO: MICHEAL LIPPNER ATTN: DATE: 4-8-02 JOB NAME: 204 - 205 STEPHEN LOCATION: LEMONT, ILLINOIS WORK INCLUDED INSTALL A FIRE SPRINKLER SYSTEM IN THE ABOVE REFERENCED BUILDING INCLUDES: ENGINEERED DRAWINGS HYDRAULIC CALCULATIONS BACK FLOW PREVENTOR WITH CERTIFICATION FIRE SPRINKLER ALARM SWITCHES FIRE DEPARTMENT APPROVALS HYDROSTATIC TESTING ALL PIPING, MATERIAL & DESIGN AS PER NFPA 113 TOTAL AMOUNT: $ 22,487.00 EXCLUSIONS AND QUALIFICATIONS NO PERMIT FEES NO ELECTRICAL OR ALARM WORK NO UNDERGROUND WORK OR FLUSHING OF UNDERGROUND BID SUBMITTED BY: GEOFF STANLEY P.01 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 April 11, 2002 Grant Application Please review the attached grant application, sign and return. Department Contact Building John Fincham Community Development Tim Teddy Historic Preservation Commission (if applicable) Comments: wk C.C.S, mac- " `e c \-t)