R-58-01 Approving village participation in tif building and site grant program for 311 canal streetVILLAGE OF LEMONT
RESOLUTION °51' =v/
RESOLUTION APPROVING VILLAGE PARTICIPATION IN TIF BUILDING
AND SITE GRANT PROGRAM FOR 311 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, Dominic J. Stolt as the property owner for the property known as 311
Canal Street has completed the Downtown Building & Site Improvement Grant
application for Village participation of said property; and
WHEREAS, Village Staff has reviewed the 311 Canal Street application for compliance
with the Downtown Building & Site Improvement Grant guidelines and has recommended
approval of the request.
NOW, '1IIEREFORE, BE IT RESOLVED, that the Village President is authorized to
execute the Building and Site Grant Agreement attached for Three Thousand, Two
Hundred Fifteen Dollars ($3,215.50) 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 , 2001.
AYES NAYS PASSED ABSENT
V
John Benik
Debby Blatzer
Peter Coules V
Connie Markiewicz
Steven Rosendahl
Jeanette Virgilio
CHARLENE SMOLLEN, Village Clerk
Approved by me this _ day of , 2001.
Attest:
PIAZZA, Vill ge P;. ident
HA ' ENE SMOL EN, 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 a a day of 0ckobe r- , .a•3c2 t, 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: pm 1 i ‘.C._ J --k-(2)\.-\--
Address: q (o w `f \ 1- NQ. C \) i2
City: \.,Q\'ion State: \ LL Zip Code: GoLt.-
Name of Business:
Project Address(es) 3 \ \ C l) N 9t\-- S- -c(2..QA
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 $ 31 -'S.5° for
construction cost and $ (j 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 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 OWN.ER/LESSEE in payment of: one -half of the
approved cost or Ten Thousand Seven Hundred Fifty Dollars (510,750.00) 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
3
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, 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/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/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
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 (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
5
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.
6
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.
8
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date
first appearing above.
OWNERS/LESSEE
Program Participant
Date:
Property Owner
Date:
Form Rev. 5/00
9
ATTEST:
Date:
Village Clerk
EXHIBIT I
EXHIBIT II
EXHIBITS
PROOF OF OWNERSHIP N FORM OF DEED OR
TITLE INSURANCE POLICY (TAX BILL IS NOT
ACCEPTABLE).
IF LEASING THE PROPERTY, AN EXECUTED
LEASE IS REQUIRED. ALSO A COPY OF
PROOF OF OWNERSHIP FROM THE BUILDING
OWNER IN THE FORM OF A DEED OR TITLE
INSURANCE POLICY.
EXHIBIT III COPY OF APPLICATION
EXHIBIT IV RENOVATION PLANS
EXHIBIT V CONTRACTOR'S AGREEMENT
EXHIBIT VI ARCHITECT'S AGREEMENT
EXHIBIT VII SAMPLE LIEN SIGNED AND NOTORIZED.
10
CAUTION: Consult a lawyer before using or acting under this form. Neither the publisher nor the seller of MIS form
makes any warranty with respect thereto, including any warranty of merchantability or fitness fora particular purpose.
• FOR THE PROTECTION OF THE
OWNER, THIS RELEASE SHALL
BE FILED WITH THE RECORDER
OF DEEDS OR THE REGISTRAR
OF TITLES IN WHOSE OFFICE
THE MORTGAGE OR DEED OF
TRUST WAS FILED.
THAT
EXHIBIT I
Above Space For Recorder's Use Only
Arthur E. B1esNhOW ALL MEN BY THESE PRESENTS,
The Lemont National Bank
310 Main Street Lemont, Illinois 60439
of the Count of Cook Illinois
Y and State of for and in consideration of one dollar, and for
other good and valuable considerations, the receipt whereof is hereby acknowledged, do es hereby remise,
release, convey and quit -claim unto Dominic Stolt
(NAME AND ADDRESS)
311 Canal Street Lemont, Illinois 60439
heirs, legal representatives and assigns, all the right, title, interest, claim, or demand whatsoever
may have acquired in, through, or by a certain Trust Deed 18TH October
, bearing date the
19_1,5, and recorded in the Recorder's Office of Cook Illinois
County, in the State of in Book _ i
of page as Document Number 23267721
, to the premises therein described,
situated in the County of Cook St of Illinois Bloock 28 in Keepotaw, a
of Lot 7 in Township 37 North, Range 11, past of the ' Thir�slorlincipait�Ieridianitoggetliertwit ieatii to
part of vacated Lawr nce Street lying, South of and adjacent to the South Line of said West half , of
said theo Westlhalfoof siadnLoteloand betweenetheeEasteandrWest1Lines oofnsaidtWest hallftof said lt 7
Line
extended
street all the appurtenances and privileges thereunto belonging or appertaining. to the North Line of Canal
in Cook County, Illinois.
Permanent Real Estate Index Number(s): 22 -20- 404 -008
Address(es) of premises: 311 Canal Street Lemont, Illinois 60439
WITNESS my hand _ and seal this 7TH day of July , 19 88.
Arthur E. Blesch —
STATE OF Illinois
COUNTY OF Cook
r �
„Gis,en urder me hand and ot'ttcial seal, this 7TH _ day of
v / I
Laura Rinke
V''t �/�V ...J
(SEAL)
(SEAL)
a notary public in and for the said County, in the State aforesaid, DO HEREBY CERTIFY that
Arthur E. Blesch
personally known to me to be the same person whose name
subscribed to the
fore:
oine instrument. appeared before me this day in person, and acknowledged that he
signed. sealed and delivered the said instrument as his
uses and purposes therein set forth. free and voluntary act, for the
July
88
, l9_.
EXHIBIT II
EXHIBIT NOT APPLICABLE
Applicant Name:
File Number:
EXHIBIT III
VILLAGE OF LEMONT
BUILDING & SITE IMPROVEMENT
GRANT PROGRAM
TIF DISTRICT
APPLICATION
Project Address(es): 3 1 1 CA N R L
Building Owner: % oPn i N i SA-o 14- Year Purchased: L CFI LD
Store /Company Name:
Name of Tenant:
Lease Expiration Date:
Applicant Name: 7—
Applicant Business Address: 7/6, l-e/ /:: LJ /e /411/E , //14'r
Applicant Business Phone: ,0 Home Phone:
Applicant(s): Building Owner: 4/' Tenant:
Number of Store Fronts:
Total Anticipated Budget:
Total Anticipated Grant Request:
$ 313 /.oc
$ a /6• c
Description of Proposed Improvements:*
L F_ Z7J / � .s� � G J// / 4 ' C %U .S7/-.A./0.94'...D /�
Fr t S'E.3 (21/X' % A" F; 4/� c/�
* Attach elevations of proposed improvements (if available)
Applicant Name:
File Number:
BUDGET
(anticipated)
Total Anticipated Grant Request: $ 3 , a )5. S(7
Architect for the Project:
Name:
Address:
Phone:
Contractor for the Project:
Name: t: =)) / S' 9 FT )
Address: i167 � ,S' .-S;/ r` Fe c 7L 14_.
Phone: 3 • -.j'i - 723-0
ACTIVITY
ESTIMATED COST
e.S.eo « uP01
A.Q,
6,1i3). Q0
Total Anticipated Grant Request: $ 3 , a )5. S(7
Architect for the Project:
Name:
Address:
Phone:
Contractor for the Project:
Name: t: =)) / S' 9 FT )
Address: i167 � ,S' .-S;/ r` Fe c 7L 14_.
Phone: 3 • -.j'i - 723-0
Applicant Name:
File Number:
Application will be reviewed by the Economic Development Coordinator , Building
Department, and Community Development Director.
I,
.:176,,^i/v, S'� L , hereby make application to the Village of Lemont for
a Building & Site Improvement Grant Program in the anticipated amount of
S sl °' i" . 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
Building Owner
Please return the completed application to:
Economic Development Coordinator
Village of Lemont
418 Main Street
Lemont, IL 60439
Date
/6 - pai - o%
Date
Applicant Name:
File Number:
=1°n° 311 CP•A\ML STREET
Applicant_Name:
File Number:
If you need assistance with the application and/or have general inquiries, please contact the
Economic Development Coordinator at (630) 257 -6440.
418 MAIN STREET
LEMONT, ILLINOIS 60439
(630) 257-1580
PERMIT
REAL ESTATE TAX I.D. #
EXHIBIT IV
APPLICANT MUST COMPLETE ALL ITEMS AND SUBMIT ALL NECESSARY PAPERWORK
LOCATION
OF
IMPROVEMENT
ADDRESS // C,1-,Y 74
SUBDIVISION LOT #
OWNER OR
LESSEE
NAME
ADDRESS
PHONE NO.
CONTRACTOR
Pa, /// C 3 /0LI
a c Ca•
630
`7 / A-4 ,e/)) /e,7, Le he o nA'( 7 —j3
X30
/3 OS 3; �?e ' F X Lt`,
1-e /4-cc Ail- .=c, L \ as7— 77
Minimum Permit Fee $25.00
Work Started Without Permit $50.00 penalty (additional)
0 -200 Amp Service $50.00
201 -1000 Amp Service $75.00
PLEASE DESCRIBE WORK TO BE PERFORMED: aie, � A-Ji F �X / s c /f
/ 2 3 /1,1 rv■ L PA a e
roc <e_ 7-
Gti1 c
�4-riP '417 3
TOTAL COST OF
IMPROVEMENT
0
** BUILDING DEPARTMENT USE ONLY **
BUILDING
PERMIT NO. -
BUILDING �f
PERMIT FEE $
APPROVED BY
I hereby certify that the proposed work is authorized by
the owner of record and that I have been authorized by
the owner to make this application as his authorized
agent and WE AGREE TO CONFORM TO ALL
APPLICABLE LAWS OF THIS JURISDICTION.
Signature of Applicant
CJ 7c
Date of Application
,\
JI ropoa1
Page No.
RISATTI ELECTRIC CO.
13005 S. Silver Fox Drive
LEMONT, ILLINOIS 60439
(630) 257 -7750
EXHIBIT V
PROPOSAL SUBMITTED TO
4 Mlt.,tC ...5-7-O
PHONE
.25-7�oZ.50‘
DATE /
/m & 1p /
L1
STREET
7l tii‘ -R.nrEe
JOB NAME
CITY, STATE and ZIP CODE
Lemon t"- LL,
l'e J.3q
JOB LOCATION
-S%/ C,1--NA--1-
Si8E T-
ARCHITECT l
DATE OF PLANS
L 'art a nikT
JOB PHONE
We hereby submit specifications and estimates for:
c-ct- L
too L cL
:2. 24-- P /_q_ c) /a,fta 1`o LT so ' I, , % c 3 3 r
1 r✓t 1 LL cL 6Q.+/, o (CC e 2 d .C-(e r C a t `t e
a— / m & 74-x1 P /',hr L A 6. A-t..
/Pct.- (v, ei h l e� �� t` na -I �.� `� `v, �� L j� dZ...N.)
fdc..tV cx.�,l_ /Ll�t
iee
F Lt o -to Al a 0 cs --t.r
L
L Lc� d �.v�,L��t' i Jai I-- L--- • 0.1? e t-4��' h e_
S mart �`��1 e�`te_
Propose hereby to furnish material and labor — complete in accordance with above specifications, for the sum of:
5)( 710 3cln.,O( �' t ct-ti H't.�..at; �� ._ / ,C L�'t i) C Q ° /�iSs ($ �> > o Cr �%
Payment to be made as follows:
a I � / c /t-+ P �.. �.i , a .)
6 F i 0-t 440 ‘1,E LF --L SE-
Q UN t Z
All material is guaranteed to be as specified. All work to be completed in a workmanlike
manner according to standard practices. Any alteration or deviation from above specifications
involving extra costs will be executed only upon written orders, and will become an extra
charge over and above the estimate. All agreements contingent upon strikes, accidents
or delays beyond our control. Owner to carry fire, tornado and other necessary insurance.
\ Our workers are fully covered by Workman's Compensation Insurance.
Acre tanre of Proposal —The above rice specifications
s, spec cations
and conditions are satisfactory and are hereby accepted. You are authorized Signature
to do the work as specified. Payment will be made as outlined above.
Authorized
Signature J'L<'
Note: This proposal may be
withdrawn by us if not accepted within
days.
Date of Acceptance. Signature
MRS
1b1o0uau
-900425.8900
EXHIBIT VI
EXHIBIT NOT APPLICABLE
EXHIBIT VII
AGREEMENT CREATING LIEN ON REAL ESTATE
The undersigned, e_ ; "—
owner(s) of
'g// d.4 7V44_, 44_, 'V , Lemont, Illinois, having applied for
Building & Site Improvement Grant Program from the Village of Lemont through TIF
Financing District does hereby gr a lien to the Villa e of Lemont, a Municipal
Corporation, in the amount o � Dollars
($ o - ) on the property commonly known , ‘_g,/ cr; ,
Lemont, Illinois 60439, and legally described as follows:
Permanent Index Number: ?•=7' - % - -Ve S. -e—e.
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 or set
over to any other municipal corporation or any part thereof all of the right, title and interest
in and to said lien without reservations.
DATED this 3= P L day of
Form Rev. 2/00
yam, -`ice
Go/.