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R-24-02 04/08/02VILLAGE OF LEMONT RESOLUTION NO. e. 2 4- o j DATE: /. A RESOLUTION APPROVING VILLAGE PARTICIPATION IN NON -TIF DISTRICT SIGN GRANT PROGRAM WHEREAS, the Village of Lemont has adopted Ordinance 0- 72 -99, the Non -TIF Building & Site Grant, Sign Grant and Low Interest Loan Programs, to provide incentives for building reinvestment within the Village of Lemont's Non -TIF District; and WHEREAS, in accordance with the Non -TIF District Sign Grant, the Village Board of Trustees shall consider participation in signage investment; and WHEREAS, Jimbo's Pizza, as the lessee of the property known as 12267 Walker (Rosewood Court Shopping Center) , Lemont, Illinois has completed the Non -TIF District Sign Grant application for Village participation of said property; and WHEREAS, Village Staff has reviewed the 12267 Walker application for compliance with the Non -TIF District Sign Grant guidelines and has recommended approval of the request. NOW, THEREFORE, BE IT RESOLVED, that the Village President is authorized to execute the Private Sign Grant Agreement attached for Seven Hundred Fifty Dollars (S750.00) in accordance with the terms of the Non -TIF District Sign 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 gih day of /9 pri ) , 2002. John Benik Debby Blatzer Peter Coules Connie Markiewicz Steven Rosendahl Jeanette Virgilio AYES V v V V Approved by me this et, day of Attest: NAYS PASSED ABSENT CHARLENE SMOLLEN, Village Clerk , 2002. 0 cft.,....."4,1, PIAZZA, V _ ' % sident JOHN F CHARLENE SMOLLEN, Village Clerk APPROVED AS TO FORM: Village Attorney VILLAGE OF LEMONT PRIVATE SIGNAGE IMPROVEMENT PROGRAM AGREEMENT NON -TIF DISTRICT THIS AGREEMENT, entered into this day of f ��aelfli'? ,?- ebZbetween the Village of Lemont, Illinois (hereinafter referred to as the "Village ") and the following designated OWNER/LESSEE, to wit: Owner's/Lessee's Name: ,J74--/K 2 S MA-it/De Name of Business: �1 i /i'v1 G is P/ 2Z A- Address: ja -a- 7 t f-t e0 City: Le7O AU State: A(— Zip Code: 60 L 3°� WITNESSETH Whereas, the VILLAGE has established a Private Signage Improvement Program for application within certain designated commercial areas outside of the VILLAGE Tax Increment Financing District; and Whereas, said Private Signage Improvement Program is administered by the VILLAGE and is funded from General Revenues for purposes of control and prevention of blight, dilapidation and deterioration of designated areas within the Village, 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 Commercial area of the Village, 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 S7-'L' = The signage design and procurement costs which are eligible for VILLAGE participation include all labor, 2 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. 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 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 4 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 OWN.ER/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 changes do not substantially alter the original design concept of the signage as specified in the drawings and plans approved pursuant to this Agreement. 5 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 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 Program Participant DAT : - VILLAGE OF LEMONT Rev. 7/99 9 ATTEST: Village Clerk DATE: 51-k.®A GRANT APPLICATION REVIEW MEMO To: Tim Teddy, Community Development Director John Fincham, Building Commissioner Historic Preservation Commission (✓ if applicable H ) From: Michael Bogert, Economic Development Coordinator Date: April 1, 2002 Re: Grant Application Please review the attached Non -TIF sign grant application for 12267 Walker — (Jimbo's Pizza), sign and return. Department Contact Building John Fincham Community Development Tim Teddy Historic Preservation Commission (if applicable) Comments: 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 II EXECUTED LEASE ROSEWOOD COURT S T O R E L E A S E THIS LEASE for THE ROSEWOOD COURT SHOPPING CENTER made and entered into as of this 18TH day of June, 2001, by and between GLADSTONE GROUP I,_ INC. duly authorized agent for the building owners per a duly executed management agreement, hereinafter called "Lessor," and Jimbo's Pizza, Inc. hereinafter called "Lessee." W I T N E S S E T H LEASING OF 1. In consideration of the rents, covenants and PREMISES agreements hereinafter reserved and contained to be observed and performed by the Lessee, Lessor hereby demises and Leases to Lessee and Lessee accepts from Lessor the premises consisting of approximately 761 +/- 10% square feet and herein after referred to as "the Leased Premises," or the "demised premises" in the shopping development known as ROSEWOOD COURT. The common address of the premises is 12267 S. Walker Road, Lemont, Illinois 60439, per exhibit C attached hereto. TERM OF 2. The term of this Lease shall commence on LEASE October 01, 2001, and shall end on September 30, 2004, unless sooner terminated as hereinafter provided, or renewed as herein provided. RENEWAL 06/01 jimbos lse Provided Lessee has not defaulted on the terms and conditions contained herein, Lessor grants to the Lessee one option for additional three (3) year renewal of this Lease, the renewal shall begin and end as follows: October 01, 2004 to September 30, 2007. A. In the event Lessee desires to exercise its option for the three year renewal period, it shall do so by sending a written notice to be received by the Lessor on or before June 01, 2004. If the aforesaid notice is not timely received by Lessor, then the renewal option expires and is of no further effect. B. The rent for the renewal term shall be per Exhibit B attached hereto. GUARANTY In consideration of Gladstone Group I, inc., as Lessor, entering into a lease agreement with Jimbo's Pizza, Inc. as Lessee, for the premises commonly known as 12267 S. Walker Road, Lemont, Illinois, which was at the request of the undersigned and in reliance on the undersigned's guaranty, the undersigned hereby guarantees to said Lessor the payment of rent and the performance by Lessee of all of the other obligations and covenants contained in this Lease, and the undersigned shall reimburse Lessor for all expenses, including reasonable attorney's fees, incurred in enforcing this guarantee. The undersigned waives all notice of default and consents to all extensions of time, settlement, compromise, or amendment of said Lease granted by said Lessor to said Lessee without modification of the guarantee. This guarantee shall inure to the benefit of the successors and assigns of Lessor and shall be binding upon the heirs, successors, and assigns of the undersigned. 1 WITNESS the hand and seal of the undersigned this I\ day of t (yU5"r , 200( . Nam: James :ndra /34/ AddI s Me -1A4s 7 V C�1'iSi�.r1_Q, Witness -Name Sharon _ndra /3 V/, Address os /o1 jimbos lse Social Security Number 3 / - S Social Security Number EXHIBIT III GRANT APPLICATION Applicant Name: File Number: VILLAGE OF LEMONT PRIVATE SIGNAGE IMPROVEMENT GRANT NON -TIF DISTRICT APPLICATION Project Addresses ; /?c6 7 bJ,4 L 1 40A D Building Owner: &--G/1) SoN e— P % Store /Company Name: J/ '/ Z Z4 Name of Tenant: -JAv1 25 R4rd), 4 - Year Purchased: /99? Lease Expiration Date: q -30 - Applicant Name: ,J t:-.S /itANg--ff Applicant Business Address: I ?- (7 ki4e.,g 'Z i4 Applicant Business Phone: 7 / 7/ 1- Home Phone: ?5-2 /I o S� Applicant(s): Building Owner: Tenant: Number of Signs (max. three): Total Anticipated Budget: Total Anticipated Grant Request: Description of Proposed Signage:* 1 $ Cc' $ 4,7--). L L e-1� e _ � / l r y v / r,, ; L/l T) 714- ;.1 1 w � K * Signage placement on building Applicant Name: File Number: BUDGET (anticipated) ACTIVITY ESTIMATED COST - 14,1-/J w ,-/-7-t f?- 3 � Liz. t! `i-,e-_2:- /,,2.---c),2) 11 , -1,\ Li\ tt: Total Anticipated Grant Request: $ ��', Sign Designer for the Project: r Name: s/67\i Address: 1:3 I kg/6-fir- 64_ VD. Phone: ;� `���f 7j 5-c) Contractor for the Project: Name: Address: / 7:7 / ! G /66 jv31 r° t...' 44— Phone: ?y,' 7 - 53,-6/ Application will be reviewed by the Economic Development Coordinator, Building Department and Community Development Director. Applicant Name: File Number: I, JAYYl �S �'✓/%r� , hereby make application to the Village of Lemont for a Private Signage Improvement Grant in the anticipated amount of $ 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 Signage Improvement Program Agreement. If approved, I understand that all work performed is subject to development, building, permit, and agreement provisions. AFT l cant Signature Please return the completed application to: Economic Development Coordinator Village of Lemont 418 Main Street Lemont, IL 60439 Date Date If you need assistance with the application and/or have general inquiries, please contact the Economic Development Coordinator at (630) 257 -6440. EXHIBIT IV PROJECT PLANS o c?X S Sc-' 3' 1/2" 5. t) I ('` 11 111 .III1 ;1y11; Fr 10 1 11y idyl 1rm .lug alpllydirnl. 1 IiNILll.uw/II ..I I q•,1,Lry ,,111■n11 111'r'\1JJ4 % VI 'II 1111 �•4I•.rl1l •.1 I ';ig111 uinlylm lliLilrJ. 141.4.' qq EMITO ps 0.1M3 f71:720',. II��xc b a +s"r,w ` }err tv ,�'•Q .7A g' % xY i, i 1., .Y,. Lll � X � ?.:t.1 L.. :. 1:";,"2.,3 Y .211 t L. 41 ' r � � L i •"7 L. NW .^" 1 QMIIIIP110011 INPMM'71Il01INcit11IR'tltr_M N MM MIN N: NIN ' • 'MR M��a. M�•II MME um ma MME MN, MM r �' MIN NM ' - -- MIN IMO 1111 MIN 4 INEANIt IIIMMIL 111 MIS eammi= _muffiAmapte'M - MNMMM.M 1111n11M11111. NMI* NM II await MI 1 MIA MM r IM I MM MI= MIN MIN IN NNI NNW IMI ,M` N MN, I?i,� ital Aftwm -k I'n,viticil: 1 ] YIN I NO tiur\.'y l.:uutl>Ictc1I: :ti 1 IN'1:\ I IFI 1391 WRIGHT BLVD. SCHAUMBURG, IL 60193 PHONE (847) 524 -7950 FAX (847) 524 -7953 Name / Address JIMBOS PIZZA JIM MANDRA 12267 WALKER DR LEMONT, IL 60439 P.O. No. Terms NET 10 DAYS P 02 Estimate Date Estimate # 4/1/2002 12 PHONE 630 - 257 -1712 Description Qty Rate Total MANUFACTURE ONE SET OF 15" CHANNEL LETTERS MOUNTED ONTO A RACEWAY. LETTERS TO HAVE RED CANS, RED TRIM CAP, RED FACES AND RED NEON, READING "PIZZA" INSTALLATION OF CHANNEL LETTERS AND RACEWAY 1,108.00 572.00 1,108.00T 572.00 Subtotal Sales Tax (8.25 %) Total $1,680.00 591.41 51,771.41