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R-448-96 08/26/96VILLAGE OF LEMONT RESOLUTION NO. i-/q,8 DATE P .2(c, -- GRANT A RESOLUTION APPROVING VILLAGE PARTICIPATION IN NON- TIE FACADE IMPROVEMENT PROGRAM WHEREAS, the Village has adopted Ordinance 985, Facade Improvement Program, Sign Replacement Program, and Interest Rate Program to provide incentives for building reinvestment for non -TIF areas of the Village; and WHEREAS, in accordance with the Facade Improvement Grant Program, the Village Board of Trustees shall consider participation in building reinvestment; and WHEREAS, Myrtle Jendrycka, as property owner(s) for the property known as 1196 State Street, has completed the Facade Improvement Grant Program application for Village participation of said property; and WHEREAS, Village Staff has reviewed the 1196 State Street application for compliance with the non- TIF 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 Facade Improvement Grant Agreement attached for 1196 State Street in accordance with the terms of the non -TIF Facade Improvement Grant Program guidelines. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, C UNTIES OF COOK, DUPAGE AND WILL, ILLINOIS, on this 6 Zv day of ,,,t,...‘41- ,1996. AYES NAYS PASSED ABSENT is Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Richard Rimbo Ralph Schobert Approved by me this v CHARLENE SMOLLEN, Village Clerk , 1996 A ILK. • iwcw -w Attest: CHARLENE SMOLLEN, Village Clerk SKI, Village President Applicant Name: File Number: VILLAGE OF LEMONT FACADE IMPROVEMENT GRANT PROGRAM APPLICATION Project Address(es): 119 5-rwi S'S`T Building Owner: M yA. /16 'P4V'A Store /Company Name: LEm, it K41t -*S Name of Tenant: Year Purchased: /f? 9 Lease Expiration Date: Applicant Name: M Y1t72E T' 4yki4 Applicant Business Address: //Q 6 SMT S Applicant Business Phone: 2,c7- rap, Home Phone: 619 4.11V- /f!Z Applicant(s): Building Owner: Mt4tE 7v:m011020 Tenant: Number of Store Fronts: Total Anticipated Budget: $ 1 g Ire Total Anticipated Grant Request: $ q, 17r Description of Proposed Improvements: * DR. /vir , v,iD,NG *- tJN,,& oN I Wt D/A4g. * Attach elevations of proposed improvements (if available) w • •,: % '.` tbi%atr. .�'!I >4t • .7 Irequv p.r • •• .. C. 4 a ��7kyrY .K/ 1CThh t ..•r.: ' i ,... _.,.pi 1 ii '•'. r.� tr tfri# w C . ,3 � ` L V �ar4y1�P p } t . l n l rf di '.SIl 1 ? % 1 j ya • h ♦� 1 ' u tR` n•y • ` P k. v1 ,••••+..rr«.w.y. � i •♦ + t i t ..1 •, • i �y X r�Yidtilyc y AaA Y . i. r t ` .• • `f L. 'k' t +t, L,i <Jw ,);t. h .11..110';11T h'^ � +•• <.,.• ".: 4�� T t .i!n.3 wj')f� ♦t o�I, 4 I�t J Zfl t i'. 16CL . w� . t , • ' .. �T �+ft 1,f;.r - ♦f J « t /.tf}�1vC � �M ' , 1l :i♦s ' ��'a � r t11 o� - • \••. `N„ t . • y,a tiYJ +ef. r • „.470A1:, + i' jhhwY ti,`'Kd tID ;.'- iJ • s.4 t:.•:.ci'._.i•:. t:l Applicant Name: File Number: BUDGET (anticipated) ACTIVITY ESTIMATED COST W./.. y PLA -t2, 13 , ' - 7t,4it SiG,v 5 4-, Soo Total Anticipated Grant Request: $ Architect for the Project: Name: Address: Phone: le, ?Sr Contractor for the Project: Name: Address: o9+ td Mcf)v'rvuo, xutr 19W korview0944 -, *f i v 0 Phone: G*.m s16 5 kczL -y Pcs+srrg,,u4. Application will be reviewed by the Economic Development Coordinator , Building Department, and Community Development Director. Applicant Name: File Number: I, , hereby make application to the Village ofLemont for a Facade Improvement Grant Program in the anticipated amount of $ ?, / 75 . 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 Facade Improvements Grant Program Agreement and lien provisions. If approved, I understand that all work performed is subject to development, building, permit, and agreement provisions. Applic. ' Signature 1 Date Buildin Owner Please return the completed application to: Economic Development Coordinator Village of Lemont 418 Main Street Lemont, IL 60439 Date If you need assistance with the application and/or have general inquiries, please contact the Economic Development Coordinator at (708) 257 -6440. /104.4 W WbONOUGH, JOUt1, 11.. 40434 6 -11 Amu -m .4T made - yr.Lhit. located at Rock Run Road. Joliet Minds and - 71•7 & LEMONT RD. 77.77 r DISPLAY SAM CONTRACT ARID =WY =DENT T For Service Call — 015)729-9M • (312) 242 -0$I11 Agmernent Nn Mfg. Nc — Salesman KELLY FOSSBERG between GRATE SIGNS. INC.. a corporation. ED 703 -887 -1106 LEMONT herein called Street City en individual 7-7 • partnership [] LISTED ABOVE .")DRESS OF INSTALLATION .SALE: 1Seuer shall. to Buyer's special order and specttically for Buyer's use, construct and. install for and sell Buyer the advertising dlsplay(si. her,rn called "Display ", lit accordance with the specifications it forth beta++, County State Zip Code • .. a carporstion b 2. PRICE AND TERMS: Price of Display Say's Tax Less down payment (include' sales tax) Balance payable upon installation or Leterest on Balance Total amount payable XXXXX per month for :4500.00 = incl. $ 2250.00 s ?25() fP = XXXXX 3 XXXXX at XXXXX consecutive months, commencing on date of installation. sPEC1FICATIOWS: Totai number of Displays one r''ERALL SIZE fapprox.) (a) rb) Desiltn No. 91-5`L (c) . (di D IO_-rd.1IL..:. - E INCLUDES REMOVING AND REINSTALLING AWNING IN THE SAME POSITION. ,s AWNING IS 30" TALL ANND EXTENDS 3' FROM BUILDING. A J• J LU E�rTEfJ •2' ON F11CHSTOF OF RUJI nrtdr, Alan 47'F" AC.POS, T1+F F2.01.`4T MATERIAL TO 3E ' 3E0 IS ,MERIDI.AN 2NOPY .UIS I ITH A TCL YEAR GUARANTEE P TO RESIST UV FADE, DIRT AND 'MILDEW. r Apv R"",et- FFFS TO RF rFAR[;r" AS F,XTR4, O • COLORS AS SHOWN IN APPROVFD DRAWING - A cy Cn case of A.-mimic, between the above specifications and de.eign Ahall he, eop,roved tr writing by Sei)er and Buyer. /,. 7,T : :nAr.. PRO SERVICE FEI•:TT A'tRES '_°riTiCN t).' ;:' FLA:f IN A ' %ANCE OF INSTALLATION '• ACCEP7ANCL• OF AGREEMENT: This Agreement ice' nt Seller at Sei:er's office •n the State of Illinois. This yy.. w)t1ch Orr :ncerrornted her-In by reference. constitutes -,rnt was entered into in the State of Illinois and the laws of :-rr..t of this Agreement.. "�1 IC16 Tn) BC'.i ER Do not sigr this contract before you read it or if It contains any blank space. Xou are entitled to a completely filled in copy of this Contract when you sign it. Under the Oyu, 'r : have the the full rimou anion¢. eta.. • ta.t To Fay vff in advance !h' full amount due and to`f beapo�ssaesaed for refund of !insnce charge.; (h) Under certain conditions to redeem the property n1CKNOWLEDr %E RECEIPT OF A FULLY COMPLETED COPY OF THIS CONTRACT. EXECUTED AY BOTH 'THE. '1i1YER AND Ti {F. REELER. approved design. the ratter shall prevail. provided however OF SUITABLE CAPACITY AND APPROVED TYPE TO DATE, AND MAKE CONNECTION THEREOF T'aDISPLAY. shall not take effect until signed an behalf of Buyer.. Ind by an Agreement. including the contract terms on the bac'c of this the entire understanding between the parties: and this Agree - the State of Illinois shall apply to the formation and Intorce- ^. JrEFTFD: \\ BUYER AATF SIGN, INC. 1 ' lndivldualil and as au xsd a ent for ! Otttc.r Date Title Date wI .:1 otMe tIn+egetkirtne. by Du7.r Y l.19N9 prb,1de4• 71 -- TOP c NT6::?' DTI: IE? :r # 7 •A‘yNUT`:; : (.I LAY < lo7r, i �� �r'1.; H; o. :OPOSAL SUSMrrrEO TO _EMONT CAR—GAS 9EEr jprIIpuSaj Xe { Peadteeurg C?o. 18620 Homewood Avenue HOMEWOOD, IL 60430 (708) 798 -3810 FAX (708) 798 -3918 :196 STATE STREET Jos SA SAME Y, STATE anti ZIP COOE _EMONT, IL 60439 = HITECT tTTN: ED We hereby submit specifications and estimates for. DATE OF PLANS JOS LOCATION 408 PHONE XTERIOR INSULATION AND FINISH SYSTEM, INCLUDING ADHESIVELY ATTACHED a FOAM, STANDARD MESH AND FINISH. 1' TRIM AROUND TOP OF THREE SIDES. DINS ON TWO CORNERS. DR THE SUM OF $13,850.00 Et Propose hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: :RTEEN THOUSAND EIGHT HUNDRED FIFTY DOLLARS AND NO /10O* * 13,850.00 'rent to be made as follows: dollars ($ 'MENT DUE ON COMPLETION OF PLASTERING. laterial is guaranteed to be as specified. M work to be completed in a workmanlike ter =coding to standard proms. Any alteration or deviation from above specifications Hng extra costs will be executed only upon written orders, and will become an extra la over and above the estimate. All agreements contingent upon strikes, accidents lays beyond our control. Owner to carry fire, tomado and other necessary Insurance. +oricere are fully covered by Workman's Compensation Insurance. Authorized Signature Note: This pr bp I may be withdrawn by us if not accepted within 90 rEpthnre of Proposal —The above prices, specifications zonditions are satisfactory and are hereby accepted. You are authorized Signature the work as specified. Payment will be made as outlined above. of Acceptance: 1017.4 days/ Signature BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, that Seller, KAR -GAS Corporation, an Illinois corporation, with its principal place of business at 1196 State Street, Lemont, Illinois for valuable consideration paid by Buyer, Myrtle Jendryka with its principal place of business at 1196 State Street, Lemont, Illinois, does by is presents sell, assign, convey, transfer, and deliver to said Buyer, its successors, and assi6..s all Equipment listed on Exhibit "A" attached hereto. TO HAVE AND TO HOLD the same ..Ito the said Buyer, and the successors and assigns of said Buyer forever. The Seller warrants that it is the owner of the above property free and clear of all liens and encumbrances and that it has the right to sell the same. IN WITNESS WHEREOF, Seller, KAR -GAS Corporation has caused this instrument to be duly executed this j 2 As. day of U <<v , 1994. KAR -GAS CORPORATION By: / . President STATE OF ILLINOIS ) ) SS COUNTY OF I, the undersigned, a Notary Public in and for said County in the State aforesaid, DO HEREBY CERTT —" that MURIEL KARDAS, personally known t^ me to be the President of KAR -GAS Corpoi , on, a corporation, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that as such President, she signed, sealed and delivered the said instrument pursuant to authority given by the Board of Directors of said corporation as her free and voluntary act, and as the free and voluntary act and deed of said corporation for the uses and purposes therein orth. Given under my hand and official seal this .kk' day of Notary P ..lic Commission expires: KARDAS /EQUIPHNT.BOS • 1 19 1994. "OFFICIAL SEAL" otary GAIL c, StateiofGIllinois My Commission Expires 11/1/97 April 26, 1994 F ..Ih• /.t'Ir. •1� LEGAL bLSCRii'1OH Lot 1, 1~xcelrt the North 161.25 reel thereof, 1►f 372.5 reef of the l a f One -half of the Soutltwest�bd ! LMI1 aids ec fl ►lsldrt ot the South Norio, Rartge 11 r,�st of the Third Principal Meridi� tco fd nt bf �eelloa di jj fece J March arch 1 F, 1949 a, Document No. 14513964, ha e � �ccotdln� Id !h8 Plat dieted' Illinois, And except that part of said Lot 1 described In f#dok 376 bi �Islls hi C�k Couht�. �� rolldw�: y, Beginning at the southeast corner of said Lo! I: thence alnnp the south Ifne of said �tsterly RR degree, 16 minutes fl(l seconds hest ld b�ting tip South 43 degrees 18 minutes 40 seconds P.,�ist 28. j1 fe��! Id t thence Point I tie east Tine of said Lot 1; thence SotaUt 1 degtee J11 ti es the seconds Past Wong thr, east line of ?raid d � feet 10 the point of beginning. Lb( 1 dlst�rtce b 2U.00 `AUG 19 '96 11:51 TRUST DEED P.1 /7 CT'rc 7 THE ABOVE SPACE FOR RECORDER'S USE ONLY • THIS INDENTURE, made Affil �.. 1994 , between Old YE.nt Bank as Trustee under a Trust Agreement dated April 1, 7 and t ,, :*)(rn `lTrust„ No h . erein ie er l 'Mortgagors, ed to as an CHICAUU TITLE AND TRUST COMPANY, an Illinois corporation duina Chicago;, lttiatois, herein referred to as TRUSTEE, witnesseth: THAT, WHEREAS the Mortgagors are justly indebted to the Iegal holders of the Instalment Not hereinafter described, star: legal holder at holders being herein referred to as Holders of the Note, in the principal sum of One :Lfurdred Teti: `thousand imd 00/100 ($110,000,00) a77idenA;4 by one certain Instalment Note of the Mortgagors of even date herewith, made payable to HE ORDER.•CW BEARER and delivered, in and by which said Note the Mortgagors .prornise to pay the said principal suns and intares: from : Art likif 121 'gig on the balance of principal remaining from tirrie to time unpaid. at. the rate of sever. (7%) per cent per annum in instalments (including principal and interest) as follows: Ta ' o n6Usanc:I. One Hundred Seventy. Eight & 14/100 ($2,178.14). Dollars or more on the '1st :lay of 19 94 , and'I'wri Thousand One Erea'Seventy Eight Se 14/100 I)ollsrs:or :rorr, on lha lit day of each M 0 A! 01 thereafter until said note is fully paid except that the finai :payment. of ptincipei arid interest, if riot sooner paid, shall be due on the E sr day of J'"u,L ei 1491. . such. payrrrent� r�ri account of the indebtedness evidenced by said note to be first applied to interest on the unpaid principal balarace and ttic remainder to •princip.ti; provided that the principal of each instalment unless paid when due shall bear interest at the rate of tr n (10) per annum, and ail of said principal and interest being made payable at such banking house ar �ru�c contpatry in: Illinois, as the holders of the note may, fron time to tirrie, in writin $,.apixiint, and in absence of such appointment, then at tlemi60Ni 704 Houston, Imo* r;t, 21! races. ;: in said City, tar •IOW, •THCREFORE, the Mortgagors to secure the payment of the said principal sum of money and said interest in atzurdarice'witIh. t terms,. provisions and limitations of this trust deed, and the performance of the covenants and agreements herein contained, by the. Mortgagors to, be per•f?rmt.d, and also in consideration of the sum of One Dollar in hand paid, the receipt whereof is hereby acknowledged, .do by chix;. hie ents CONVnY and WARRANT unto the Trustee, its Successors and assigns, the following described Real Estate and all of their estate, title et ;d erest therein, situate. !Ming and being in the COUNT? OF COOK ANI) STATE OF ILLINOIS, to wit: SY:t s°,. FX' +L DESCRIPTION RIDER ATTACHED HERETO AS EXHIBIT "A" 'anion. _dress of Properly: 1196 State Street, Irnt, Illinois : 22 -29 -309 --017— 1111 062 4;Ew EXCULPATORY LANGUAGE AND AND NOTARY MADE A ATTACHED HERETO PART HEREOF instrurent prepared by and Paul F. Conarty, PAIL F. CONAWIY, LTD. 100 W. azrseve_1t Road, 3-7, 4,iheaton, 60187 (708) 260 -1610 which, witi,, 1Ue property hereinafter described, is referred to herein as the "premises," TOGETHER with all improvements, tent:nen :s, casernCnts, fixtures, and appiarienances thereto belonging, and ad twits,, issues and 2criri.zs the eoi fa: so long and during all such times as fort :logos may be entitled there CO (which are pledged primarily and on a parity with said real estate anti' no_ secondarly) and all apparatw, egaipmont or attic[es paw or hereafter therein of thereon used to ,:apply haat, „as, :air cor.ditionii ;, waier, light, power, refrigeration (whether single units or centrally controlled) and ventilation, including (v+ithoa:t restricting :he soxegoing) %a-teens, window shades, storm doors and windows. floor covezings,= iris.'•' -S awnings, Whli ?< nd water t, :;hers, •E:JI of ti,e e'sr urn ^ecLaed to be a part of said ;cal estate whether physically attached :hereto or not, and it is agreed that all sirnit:.r aj r, intrus, ciprrie,t. at articles hereafter placed in the p :em :>Ls by tic mortgagors or their .successors or assigns shall he considered us scrisliditinj parr Of tlhc real estate. TO Hr:vl .-t:JD TO HOLD the premises canto the said Trustee, its successors and assign, forever, for the , urposes, and pan the Wick: ,trail trusts ; etc a ',:.r forth, free from all rights and oenefits under and by virtue of the: Homestead Exemption Laws of the Since of Illinois, whin stoic rights and benefits the Mortgagors do hereby expressly release and waive. This trust deed consists of nel4 pages. The covenants, conditions and _provisions appearing on page 2 (.1 ravers: side of tl:i.; trust teedikare incorporated herein b„ reference and are a part hereof and shall be binding on the more ago : :r, their heirs, suc,:esscr.. any assign ;. *and in the Rider consisting of pages WITNESS the hand. and seal _ of Mortgagors thertcfigve written. lh s tt • %ilio Zrust Agreetitent, dated tisk FIRST dey nf APRIL , 19....9...r.l.., and lumen as 1-ust Number 6860 le to certify that the Oki Kent Bank a National iki' g Association of the United States of America, let trustee hereunder, is about to take title to the fAtoving4 1.0,,Imahatta.onthe Villa3e of Lemont, Cook County, Dilnola, toeeit: • LOT 1 EXCEPT TILE NORTH 161.75 FEET THEREOF, IN LEMONT HIGHLANDS SUBDIVISION :OF THE SOUTH 372.5 FEET OF TnE EAST ONE-HALF OF THE SOUTHWEST ONE -QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING -:-..- TO. THE PLAT 111F.REOF RECORDED MARCH 16, 1949 AS DOCUMENT NO. 14513964, PACK 9: IN-,.-::,.. ~,-* BOOK 376 OF PE.ATS IN COOK COUNT/ , ILLINOIS , AND EICETT THAT PART OF SAID IT 1 .,.,_; .: :t.. ;.i. DESCRIBED AS FOLLOWS: tu t.;:!, . e_...... r • - 3GINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; TWICE WESTERLY .c12 F. ALONC; THE SOUTH I.INF. OF SAID Lin 1 ON AN ASSUMED BEARING OF SOUTH to ci ek.,„.„,: ,..,:.. et DECFEES 16 MINUTES 00 SECONDS WEST moo YEETt THENCE PORTS . ..-,, .:...;:), "=;;": 's • 43 DECREES 13 NINUTF.S 40 SECONDS EASY 23.31 trEtT tti A POtflT ON Tlity, t.-,1,.....') .92 >: (.:•he ''' M.ST LINE OF SAID LOT 1; THRICE SOUTH 1 DEGREE 38 IIINUTES 41 .,... !::' IOC EAST ALONG THE MST LINE OF SAID LOT 1 k DISTANCE OF 20.0a ; ....., • . - 7... ,.., -rt 'A .2.. FEET TO THE POINT OF BEGINNING. PERMANENT INDEX NUMBER: 77-29-309-017-0000 Vol. 062 otherwiet kncrwn art o 1196 State Street a.nd that when it has taken the title thereto, or to any other real. estate deeded to It as trustee hereunder, pruvi ,... it bus first agreed in writing to take title thereto, it will hold it for the uses and purposes and upon the trusts hereir, set fortb. Ille following named pereons shell be entitled to the earnings, avails and proceeds of said real estate accord log teethe respeclive intereela herein net forth, to-wit: The entire interest in this Trust is in Myrtle leriglryka, Settlor. Upon :the death. of"Myrtle Jendryks her enttre beneficial interest_shall pass to Wanda Skonle.. Should Wanda Skonie predeteasa Myrtle JefiatjTA7-ttitt-theemtire btneficial intertl: Of this Trust shall pass to JOSH DARIFL TUMBLRSON, as *he Successor BeOeficiary. IT :ti UN DE ftS1001) AND AGREED between the parties hereto, and by an person or pemons who may become eotitled to All intereet under this tnist, that the intereat of any beneficiary hereunder sham consist solely of a power of direetent to dal with the title t., anid property and to manage and control said property as hereinafter provkled. and the eight to receive the proceeds from rentals and from mortgagess,sales.re other diepoeition. of .raid premise:3, and that :well right in the avails of t,ad property shall be deemed to be personal property! anti may be assigned at transfef red as s,ach; that in clue of the death of any beneficiary hereunder during the existence of this trust, his or he, rielt and interest er shall, except as herein otherwise specifically provided, pass to his or her trxectAor 0; jrim5r;:r,tretre, end not to his or her heirs at law; art4 that no beneficiary now has, and that no beneficiary hereunder at eny t 4114 shall have eny riebt, tit:e or ietereet in or to any portion of said real estate as such, either legal or equitable. biit only an interest in the earninge, avails and proceeds as aforesad. The death of 'my beneficiary hereunder shall no; term:nte the trust nor in any manner affect the powers of the trustee hereunder. i10 assignment of any benefia'al • intereee hereunder shall be bindtn- on the trustee until the original or i duplicate of the enisignment la lodged with the te eeeee, and receipt thereof ackliowledged in writing by the trustee, end every assignment or any t-,..,--n•efic1a.11.ilttre:t.t hereundr, the original or duplicate of which ehall not hnve been lodged with the truste, shai/ be void as to all stelae, Treat re,eigneee or purchaeere without notice. If any other real estate is subsevently deeded to the trustee withoat It wrieem roment, Fetid trustee shall he under no duty or obliemtion to take, hold or des] with the title thereto. in crux said 'Duette shall make any tuivances of money on account of this trust of rhall he made a arty to ay lingetien on account of holding title to raid real estate or in connection with this teats% or in case said Tzante shell be toineeiled tc, pay any sum of motley or; account of this trust, whether on account of breach of contract, hiery to pereee er property, fines or penaltitzt under any law, judgments or decrees, er otherwise, the beneficiaries hereuxidee do hereby jointly and severally agree as follows: (1) that they veill on demand pay to the said 11-ustere with intereet tire.cer)rs et the :ugliest Lawful nee per snrturrs, all such dishursementa or advances or payments made by rain Trustee, tegetSer with its expenses, including rerseonable attorneys' fees: ..ig) that the said Ileistee shall not be e.Ser-Cred to tomrty •or otly,1*wirat died with said property at any time held hereunder until all of said disbursement, payment:I, adertneee retie exp.:rises made or inCLITTell by SAM Trustae shall have been fully paid, together with ',Jeered thereen se afereeeed, end relj :het in case of non payment within ten (10) days after demand said Trustee rsiuy sell all 7.:. 9.oj part of &lie: reel eeeete at peblic or private Fele nn such terms as It may are fit and retain from the proceeds of said &ale a St;freit::11. burn 1+, ceirnburse itself for all :web dieburernents, payment, advances and intermit thereon and expenses. Including the ex,penses of such sale and attorneyr. fees, rendering the overplus, if any, to the then beneficiaries. However. nothing haeier enntnined shall be conrarued tut requiring the trustee to advance or pay out any money on aceount of this trest Os' to prosecute or defend any legal proceeding involving this trust or any property or interest therunder unleee It shell "Se furrelehed with lurids reifficient therefor or be satisfactorily indemnified In respect thereto. :4otw:tiletonditig anything hereinbefore contained, the Trustee, at any time and without notice of any kind, ratty Inizt7; es to eil or par t of the trust property if the trust property or any part thereof Is ivied, or the use thereof is authorized 0; contemplated, for srty purpose (including, but not limited to, the sale at wholesale, retail or °the:14e; giving sway or other disposition of intoxicating lieuors of any kind, or aa a tavern, liqttor store, or other establishment for the sale of ireeeicatertg liquors for eae or coneuntption on the premises or otherwise, or for any purpose witiob :nay be witill4 ■.;,e g:,r,i re ,;f the Ernun Slit? Are ef Minot, nr any eirellar law of any State in which the trust property er oay art therecf nee/ ee leeated) which in the 01)1r11011 of the Trustee, may Rubject the 'Ittestae, Within its &one determinatien, to ernlee-• ifistcw.;■nt, ituscc.urity, liability, hress, d or litigation. Such resignation as to all or past of the trustproperty shall be fulleffec1 by use conveyance or the 'rr,Alit krt.:party. or the part thereof as to which the Trustee destree to retip the Let:A rezreeteier, hy the Trustee to the benefieirtries in accordance with their respective interests hereunde:. L Teueeee.- riotweetstandusg any resignation hereunder, thrill continue to hove a first lien on the trust property, for ite •=ceei, .r,rper:s.,-,: and rttorn('yre feel and for its reesenable compenttation. ,... ,, 4Z le further understood and ag-reffl that any contract, obligation or indebtedness Incurred or enRicci into by the e5t.r..0 in connection with said :eel estate may be entered Into by it in the name of the then beneficiaries hereunder, us their attoyney-in.fact hereby irrevocably appointed for Rich purposes, or, at the election of the stee, In ite ewe .,sinte, as 'Dustee of an express trust and not Individually (and the Trustee shall have no obligation whatsoever with to ar7 auch contract, obligation or indebtedness except only so far as the trust property and finds in the ittur.i poss..s:aion ot the Trustee shell be Applicable to the payment and discharge thereof). . - si ill !Lot be the fluty of the purchaser of said premiere:: or of any part thereof to ace to the applitutien ee tee e - --. -2-- t —ea. ....ie ',rope he neetired re. eriveeteed to !rtIttirs JV + may' j�• ..:.j' Z ;, :i AGREEMENT CREATING LIEN ON REAL ESTATE • The undersigned t7ly R r j,r_ S•c:r1'DR- , owner(s) of fir. tm c v 7 ,-; 1a K ca N s .x - , Lemont, Illinois, having applied for Facade Improvement Assistance from the Village of Lemont through the Nor. -Tax Increment. Financing District Facade Improvement Grant Program, does hereby grant a lien to the Village of Lemont, a Municipal Corporation; in the amount of Dollars (S ) on the property commonly known as . . L 19 A± y Lemont, Illinois ?4s9, and legally describer as follows: _ :.. LEGAL D SCRIP't1ONr Lot I; Except the Borth 1 (31.25 Feet thereof, tti: t2ui it Highlands §titictivlsldti ht the South • .371.5=.Pcet of the Fast One•1Talf of the Southwest tatid- Ondttet bf Sectlott 2g; totbtt4ltlli. fy ttortli, Range l I Past of the 1 hire! Principal Meridian hccotding td 114 1'' {at theteot iecotrtei1 ,%catch 16, 1949 as I)octtittent No. 1415I3964, Page 9 tii Note 376 bt hits hi Cook Cotittty, ltlltt.cfis, and e:teept that raft of said 1.at 1 desetibed a4 tolkk *i: licgirmitig at the southeast cornet' of said I..ot t; thence ttiesterty along the south line of said Lot 1 ott an tt §§ttrtetf biting tit South RR cirisrees 16 ticinnies 00 seconds West 10.00 t'eet; thertc4 1`iottlt 4.1 degrees IR irrimite.c 40 seconds Vast nil t'eet td point btt the cast line of . ^.&t1 1; thence Sooth 1 ttegtee g tnititites 41 seconds F.1 along the east line Or §ak1 Lb( 1 ri distdttce bt' 20.00 feet to the point it cif beginning. Peitnanent Index Number: A.3,-- - 3 &T -017 `0600 Vol © 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 and if there is a business change less than three years after grant work completion. If any of these two conditions does not occur, the the lien shall be removed. . • The undersigned grants to the Village of Lemont the right to assign., transfer or set: aYcr.to any other municipal corporation or any part - thereof all of the right, tine and interest in and to said lien without reservations. DATED this day of 1996. EXHIBIT A FACADE PROGRAM VILLAGE OF LEMONT FACADE Ili IPROVEMENT GRANT PROGRAM NON -TIF AREAS AGREEMENT THIS AGREEMENT, entered into this $ day of Q , 0 , 19J, 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: t L yy� , 3 r ,� y (` A Address: 1 1 t, 5 T P- T C_ City: LQ}ti\ o 7 State: I. L. Zip Code: ( 0 4 5 Name of Business: Le 1h o T K c,t tZ G Pf S =13 c. Project Address(es) 1 k l H 5 'i' -r -S 7 K e_ e T WITNESSETH Whereas, the VILLAGE has established a Facade Improvement Grant Program for application within commercially zoned areas of the VILLAGE; and Whereas, said Facade Improvement Grant Program is administered by the VILLAGE and is funded from General Revenues for purposes of control and prevention of blight, dilapidation and deterioration of commercial areas , 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 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 Dollar ($1,000.00) reimbursement; and Whereas, the OWNER's/LESSEE's property is located within the a commercially zoned 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: 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 2 percent (50 %), up to a maximum amount not exceeding Ten Thousand Dollars (S 10,000.00) for construction and architectural cost. Architectural reimbursement shall be One Thousand Dollars (31,000.00) . The actual amount per this agreement shall not exceed S `'_ i 1..' for construction cost and S 0 for architect fees. The facade improvement 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 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 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 3 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 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 (310,000.00) 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 Iand 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 facade improvement work provided for herein in conformity 4 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 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 OWN.ER/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 OWN.ER/LESSEE to inform subsequent OWNER(s)/LESSEE(s) of Section 6 of this Agreement. SECTION 9: MAX]CMZJM 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. 6 SECTION 10: VILLAGE INDENENIFICATION 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. 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 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. 8 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date first appearing above. OWNERS/LESSEE Progr 1 Particip DATE: ? g - 6)6, Prope Owner DATE: 0 y 2 9- 9C0 9 r,. OF LEMONT illage President DATE: ATTEST: Village Clerk DATE: o -16 - 9 L, 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