R-32-03 05/12/03VILLAGE OF LEMONT
RESOLUTION NO. 03
DATE 5-/a-03
RESOLUTION APPROVING VILLAGE PARTICIPATION IN TIF BUILDING
AND SITE GRANT PROGRAM FOR 218 -220 MAIN 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, James A. Koleno as the property owner for the property known as 218 -220
Main Street has completed the Downtown Building & Site Improvement Grant application
for Village participation of said property; and
WHEREAS, Village Staff has reviewed the 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, Seven
Hundred and Fifty Dollars ($10,750.00) 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 day of r? , 2003.
Debby Blatzer
Peter Cowles
Brian Reaves
Steven Rosendahl
Ron Stapleton
Jeanette Virgilio
Approved by me this la- day of
AYES NAYS PASSED ABSENT
vf
'✓ / r r-
CHARLENE SMOLLEN, Village Clerk
Ha./
, 2003.
APPROVED AS TO FORM:
Village Attorney
VILLAGE OF LEMONT
BUILDING AND SITE IMPROVEMENT GRANT PROGRAM
AGREEMENT
TIF DISTRICT
THIS AGREEMENT, entered into this 4th day of May ,200 3, 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: James A. Ko l e no
Address: 12757 S. Western Ave.
City: Blue Island
Name of Business:
State: 11
One Fine Day
Zip Code: 60406
ProjectAddress(es) 218 Main, 220 Main, 221 Illinois
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
($1,000.00) . The actual amount per this agreement shall not exceed $10 , 7 s o . 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.
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
2
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
(S 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 the control of the OWNER/LESSEE shall be in conformance
with zoning and sign code provisions.
3
SECTION 5: FAILURE TO COMPLETE WORK - If the OWNERJLESSEE 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/histor-ic 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
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
4
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
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 he Village from any
5
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.
OW -..ERS ESSEE
gram Participant
Date: May ,4, 2nn3
Property Owner
Date: May 4 . .2003
Form Rev. 5/00
Gov
8
ATTEST:
Date:
Village Clerk
S_ /a- 03