R-20-02 03/25/02VILLAGE OF LEMONT
RESOLUTION NO.R -ao -oa
DATE '3-2 ,c-ov
RESOLUTION APPROVING VILLAGE PARTICIPATION IN TIF BUILDING
AND SITE GRANT PROGRAM FOR 313 CANAL 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, Canal Street Holdings, LLC as the property owner for the property known as
313 Canal Street has completed the Downtown Building & Site Improvement Grant
application for Village participation of said property; and
WHEREAS, Village Staff has reviewed the 313 Canal 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 a54' day of t1/404.a, , 2002.
John Benik
Debby Blatzer
Peter Coules
Connie Markiewicz
Steven Rosendahl
Jeanette Virgilio
AYES NAYS PASSED ABSENT
CHARLENE SMOLLEN, Village Clerk
Approved by me this02? day of 14a
Attest:
, 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 February , 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: Canal Street Holdings, LLC
Address: 307B Canal Street
City:
Lemont
State: Illinois Zip Code: 60439
Name of Business: Canal Street Holdings, LLC
Project Address(es) 313 Canal Street
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/.- E-S&SEE
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/L-E,SSEE 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/L-- FSSEEs 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
($1,000.00) . The actual amount per this agreement shall not exceed $ 10 ,000 .00 for
construction cost and $ 0 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.
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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 OWNERIL-ESSEE 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 OWNERQ- SS£ -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 OWNERQ -ESSE - exceed the amount
specified in this Ag,reement or in the contractor's or architect's statements. At the time of
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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 OWNERftES EE 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/I.,ESSEE-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
4
OWNER/EE9 EE 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
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 OWNERJELSSEE 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/EESSEE 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"L -ESSEE to inform subsequent
OWNER(s)ff.-£ SEf(s) of Section 7 of this Agreement.
SECTION 10: MAXIMUM GRANT AWARDS - Nothing in this Agreerrdent shall
prohibit a business or property owner from applying for more than one Grant. However, a
Ten Thousand Seven Hundred Fifty Dollars (510,750.00) 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
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three (3) year period, the date of the last Village payment shall be considered the start of
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.
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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,
7
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.
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date
first appearing above.
OWNERS/LESSEE
. Gr=J•o y Schwar z, Mbr.
Program Participant
Date: D3/470 2--
Property Owner
Date:
Form Rev. 5/00
9
Village Clerk
Date: 3 r�
EXHIBIT 1
PROOF OF OWNERSHIP
WARRANTY DEED
Statutory (Illinois)
(Corporation to Corporation)
THE GRANTOR, THE VILLAGE OF LEMONT, IL, a/k/a
THE VILLAGE OF LEMONT, a Municipal Corporation in
the County of Cook, State of Illinois, 418 Main Street,
Lemont, Illinois 60439, a corporation duly organized and
existing under and by virtue of the laws of the State of
Illinois and duly authorized to transact business in the State
where the following described real estate is located, for the
consideration of TEN DOLLARS ($10.00), and other good
and valuable considerations, the receipt of which is hereby
acknowledged, CONVEYS and WARRANTS to CANAL
STREET HOLDINGS, LLC, an Illinois Limited Liability
Corporation, of 307B Canal Street, Lemont, Illinois 60439
the following described real estate situated in the County of
Cook, State of Illinois, to -wit:
The East ''A of Lot 7 in Block 28 in Keepotaw, a Subdivision of the Southwest fractional ''A and the West %z of the
Southeast 'A of Section 20, Township 37 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois,
also; that part of vacated Lawrence street Tying between said East 'h of Lot 7 and North line of Canal Street, in the
Village of Lemont, in Cook County, Illinois.
SUBJECT TO: General real estate taxes for the year 2001 and subsequent years; building, building line and use or
occupancy restrictions, conditions and covenants of record; zoning laws and ordinances; s,
• Property Address:
P.I.N.
313 Canal Street, Lemont, Illinois 60439
22 -20- 404 -009
EXEMPT UNDER PARAG PH B SECTION 4 OF THE REAL ESTATE TRANSFER TAX ACT
Dated this 70'4 day of %3p , 2001
Piazza, Mayor of Th
f Lemont, a Municip oration
(SEAL)
arlene Smollen, Village Clerk of The
Village of Lemont, a MunicipalCorporation
EXHIBIT II
EXECUTED LEASE
(NOT APPLICABLE)
EXHIBIT III
GRANT APPLICATION
Project Address: 313 Canal Street
Village of Lemont
TIF Building & Site Grant Program
Historic Downtown District
APPLICATION
Section One: Applicant Information
Property Owner
❑ Tenant
Applicant Name: Canal Street Holdings, LLC
Business Name (if tenant applicant):
Social Security Number: or EIN: 36- 4290439
Residence Address: 307B Canal Street
City: Lemont State: Illinois Zip: 60439
Business Phone: (630) 257 -6483
Home Phone: N/A
Section Two: Company Profile (if tenant applicant)
❑ 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: 1999 Years in Lemont: 3
Type of Business: (Describe): A buyer of distressed properties who rehabs properties
and normally retains ownership for the purpose of renting.
Lease Expiration Date: N/A Full -time employees: 0 Part-time employees: 0
Section Three: Project Details
Project Address: 313 Canal Street
Description of Proposed improvements: Owner is going to renovate vi rr„ad 1 y the anri,Se
building, including but not limited to the following: renovate front faradP,
install new fire alarm system, install new furnace and air rnndirinning.
refinish floors
u
stair a
I1 et
• S -
replace obsolet plumbing, and install -ransom windows on front facade.
1
Project Address: 313 Canal Street
Anticipated budget as indicated by best bid: Please provide a breakdown of costs by activity. You must
attach two proposals for each activity. Staff will review your project and complete the budget total cost after
determining eligibility.
ACTIVITY
COST
Owner's performing work
itself
3o1,95o 0O
TIF ELIGBLE (staff use only)
14, 00 0 .06
Total Eligible Grant Request:
$ /O, odv. v0'
Project Architect:
Name: Simon Batistich
Address: 475 S. Frontage Rd., Burr Ridge, IL 60527
Phone: (630) 986 -1773
Project Contractor: Must be licensed and bonded by the Village of Lemont
Name: R. Gregory Schwartz
Address: 7670 W. 124th Place Palos HPigi rs, T1Tinois
Phone: (708) 206 -7186 (PGR)
Will this project proceed if TIF assistance is not granted?
❑ No
® Yes, but in a limited capacity (explain): The facade and mechanical improvements will be
❑ Yes, hut at a later date (explain):
far less extensive.
2
Project Address: 313 Canal Street
Section Four: Property Owner/Building Information
Building Square Footage: 2150 Number of units: 2 Average lease rates per s.f.:
Property Owner: Canal Street Holdings, LLC Property Owner Phone: (630) 257 -6483
Owner Address: 307B Canal Street City: Lemont State: Illinos
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
® Yes
Explain: R. Gregory Schwartz, Managing Member of the Property Owner is a
member of the Historic Preservation Commission_
Application will be reviewed by the Economic Development Coordinator, Building Department,
Community Development Director, and Historic Preservation Commission.
I, R. Gregory Schwartz ,Mb rbereby make application to the Village of Lemont to the Building & Site
Improvement Grant Program in the anticipated amount of $ 10,000.00 . I understand that
my application must be approved by the Village and that it must conform to the established Historic
District 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.
Canal Street Holdings, LL
R Gr o y Schwartz M r.
i
Applicant sgnature
N/A
Property Owner
Please return completed application to:
Economic Development Coordinator
Village of Lemont
418 Main Street
Lemont, IL 60439 (630) 257 -6440
Date
Date
Applicants Attorney:
Robert E. Kirtland
19815 Governors Hwy., Ste. 11
Flossmoor, IL 60422
To:
GRANT APPLICATION REVIEW MEMO
Tim Teddy, Community Development Director
John Fincham, Building Commissioner
Historic Preservation Commission (✓ if applicable El )
From: Michael Bogert, Economic Development Coordinator
Date: March 8, 2002
Re: 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:
c n k D.
C3,,,v-IrAk--e, Boktr-
EXHIBIT IV
PROJECT PLANS
31.3 Canal _reet
Guc(`e r\\—
rio 21 .11
.174 -f 114
- 901 )4 1:1,
Zi ■•• •
. —
•=sasar.,i•-.:::,:•.:,;",. ii..7.F.,,i, i: f Ir_....._
1---- Ill
: I, I ............—
' ---
....'7 77:11 1:
7-1 i'l
• • _
•.,- --•• ^-• • •
-•••--
••_
Mar 13 02 10:51a Hughes & Cebula,Ltd.
Material Costs
313 Canal Street
Lemont, [L 60439
Architects Fees
51,000.00
Electrical
12,000.00
I�I�Imbji1`�
Fire Alarm 5'.`Ste11T 6.500.00
Heating 3.SUO.GO
H�atin
Coolin' 6,500.00
Replacement Windows 2,200.00
Wooden Clapboards For Front -
Restoration 7,500.00
Ceiling. Improvements 750.00
Total
\Ro13<1: 3 i..
539,950.00
708 799 -3729
p.2
EXHIBIT VI
ARCHITECT'S AGREEMENT
EXHIBIT VII
NOTARIZED PROPERTY LIEN
AGREEMENT CREATING LIEN ON REAL ESTATE
The undersigned, Canal Street Holdings, LLC , owner(s) of
313 Canal Street , Lemont, Illinois, having applied for
Building & Site Improvement Grant Program from the Village of Lemont through General
Financing does hereby grant a lien to the Village of Lemont, a Municipal Corporation, in
the amount of Ten Thousand Dollars ($1.0.000.00 )
on the property commonly known as 313 Canal Street , Lemont, Illinois
60439, and legally described as follows:
See legal description attached hereto
Permanent Index Number: 22 -20- 404 -009
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 c,r set
over to any other municipal corporation or any part thereof all of the right, title and interest
in and to sari lien without reservations.
Forr..
DATED this X "-=clay of February
acv. 1:99
,2002.
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 R. Gregory Schwartz 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.
Form Rev. 1/00
This instrument was prepared by:
VILLAGE OF LEMONT
418 Main Street
Lemont, Illinois 60439
(630) 257 -6440
Notary Public
r\iktt-"\-(0-(
*OFFICIAL SEAL"
Catherine Marta
Notary Public, State of IWnois
My Commiuioi Expires Sept. 27, 2004