R-22-97 Approving Village Participation In TIF Facade Improvement ProgramVILLAGE OF LEMONT
RESOLUTION NO. 67— . .1.1 -5 7
DATE LI- -q '-7
GRANT A RESOLUTION APPROVING VILLAGE PARTICIPATION IN TIF
FACADE IMPROVEMENT PROGRAM
WHEREAS, the Village has adopted Ordinance 885, Facade Improvement Program, Sign Replacement
Program, and Interest Rate Program to provide incentives for building reinvestment within the Village's
Tax Increment Financing District; and
WHEREAS, in accordance with the Downtown Facade Improvement Grant Program, the Village Board
of Trustees shall consider participation in building reinvestment; and
WHEREAS, Gregg Vavra, as property owner(s) for the property known as 238 Main Street, has
completed the Downtown Facade Improvement Grant Program application for Village participation of
said property; and
WHEREAS, Village S aff has reviewed the application for compliance with the Downtown Facade
Improvement Grant Program guidelines and has recommended approval of the request.
NOW, THEREFORE, BE IT RESOLVED, that the Village President is authorized to execute the
Downtown Facade Improvement Grant Agreement attached for $10,000 in accordance with the terms of
the TIF Facade Improvement Grant Program guidelines.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF LEMONT, UNTIE OF COOK, DUPAGE AND WILL, ILLINOIS, on this
3R day of , 1997.
AYES NAYS PASSED ABSENT
Barbara Buschman l/'
Alice Chin V
Keith Latz V
Connie Markiewicz ✓'
Richard Rimbo ✓'
Ralph Schobert i/
APA
'T.i, E ► SM LLEN, Village Clerk
Approved by me this day 1997
���./ /Mrs,
Attest:
#
"'. ENE SMOLLA _ N, Village Clerk
VILLAGE OF LEMONT
FACADE IMPROVEMENT GRANT PROGRAM
AGREEMENT
THIS AGREEMENT, entered into this day of , 19 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:
126 5(J6-t - (4 V6
City: L j Air State: ( L . Zip Code: 6 Qv-1--2i7.
Name of Business:
Project Address(es)
AR-(k1 5�
WITNES SETH
Whereas, the VILLAGE has established a Facade Improvement Grant Program for
application within certain designated commercial rehabilitation areas of the VILLAGE
known as the Tax Increment Financing District; and
Whereas, said Facade 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 Facade 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 ($10,000.00) for construction and architectural cost. 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 Facade 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:
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SECTION 1: COST SHARING - The VILLAGE shall share in the facade
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 Dollars
($10,000.00) for construction and architectural cost. Architectural reimbursement shall be
One Thousand Dollars ($1,000.00) . The actual amount per this agreement shall not
exceed $ 10, dOO for construction cost and $ for architect fees. The
facade 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 facade improvement or historic preservation
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.
SECTION 3: REVIEW OF PROJECT - The Economic Development Coordinator shall
periodically review the progress of the contractor's work on the facade improvement and
historic preservation pursuant to this Agreement. Such inspections shall not replace any
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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 facade
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 Dollars ($10,000.00) 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.
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SECTION 5: FAILURE TO COMPLETE WORK - If the OWNER/LESSEE or his
contractor fail to complete the facade 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: FILING OF LIEN/MAINTENANCE OF IMPROVEMENT - Upon
completion of the facade 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 facade 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 remove
such facade, 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 facade 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.
5
SECTION 7: 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 facade 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 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 6 of this Agreement.
SECTION 9: 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 Dollar ($10,000.00) total limitation shall apply to all Sign Grants, Facade 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.
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SECTION 10: 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 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, 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 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: EXFEBITS - It is agreed that Exhibits I through VII 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.
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the
date first appearing above.
OWNERS/LESSEE
Program Participant
DATE: ?j •
ie&w
Property Owner
DATE: 7 • � ( • i7
Form Rev.5 /96
9
DATE: '/ 2 Y- 7
ATTEST
Village Clerk
DATE: T -q 7
EXHIBITS
EXHIBIT I PROOF OF OWNERSHIP
EXHIBIT II EXECUTED LEASE
EXHIBIT III COPY OF APPLICATION
EXHIBIT IV RENOVATION PLANS
EXHIBIT V CONTRACTOR'S AGREEMENT
EXHIBIT VI ARCHITECT'S AGREEMENT
EXHIBIT VII SAMPLE LIEN
AGREEMENT CREATING LIEN ON REAL ESTATE
The undersigned, /l VCvtr'T —c. --- , owner(s) of
.2'3a Mkt Sere . 7' , Lemont, Illinois, having applied for
Facade Improvement Grant Program from the Village of Lemont through the Tax
Increment Financing does hereby grant a lien to the Vi11a e of Lemont, a Municipal
Corporation, in the amount ofzco Dollars
($1(( (xi v ) on the property commonly known as 2. lyg it,( $v E71--r. ,
Lemont, Illinois 60439, and legally described as follows:
Permanent Index Number: 2, 2 - 20 2J l 2 — 0[ 9
The undersigned acknowledges that the aforesaid lien sh exist from the date of
this instrument, and shall become due if any facade alterations ccur less than three years
after grant work completion. If this condition occurs, then th shall be payable to the
Village of Lemont. If this condition does not occur, hen the lie shall bjremoved.
The undersigned grants to the Villag
over to any other municipal corporation or
in and to said lien without reservation
DATED this
Form Rev. 5/96
ont the ri • assign, transfer or set
ereof of the right, title and interest
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 6- RA-&,— Y4\/f 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.
Notary Public
This instrument was prepared by:
VILLAGE OF LEMONT
Downtown Program
418 Main Street
Lemont, Illinois 60439
(708) 257 -6440