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R-432-96 06/10/96VILLAGE OF LEMONT RESOLUTION NO. i DATE -/O - GRANT A RESOLUTION APPROVING VILLAGE PARTICIPATION OF FACADE PROGRAM WHEREAS, the Village of Lemont has adopted Ordinance 885, the Downtown Facade Improvement 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 Facade Improvement Grant, the Village Board of Trustees shall consider participation in building reinvestment; and WHEREAS, W & E Food Services, Inc. and William Montgomery as President, as the property owner(s) for the property known as 103 Stephen Street, has completed the Downtown Facade Improvement Grant application for Village participation of said property; and WHEREAS, Village Staff has reviewed the 103 Stephen Street application for compliance with the Downtown Facade Improvement Grant guidelines and has recommended approval of the request. NOW, THEREFORE, BE IT RESOLVED, that the Village President is authorized to execute the Facade Grant Agreement attached for 103 Stephen Street in accordance with the terms of the Downtown Facade Improvement guidelines. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMON COUNTIES OF COOK, DuPAGE AND WILL, ILLINOIS, on this /0 day of , 1996. Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Approved by me this Attest- day of AYES NAYS PASSED ABSENT /(7%/t61'd CHARLENE SMOLLEN, Village Clerk ,r. ...7‘a4‘,� CHARLENE SMOLLEN, Village Clerk HARD A. ASNESKI, Village President Applicant Name: File Number: i l \ VILLAGE OF LEMONT FACADE IMPROVEMENT GRANT PROGRAM Project Address(es): ) C� Building Owner: E roof) Store /Company Name: Name of Tenant: APPLICATION LPklF ST SEh'A'c'ES ,rIVC cJ, i 09T7P6uiJ05y, gS COEAT d� � RN �P S T AA3\,0 C fF �Qi 003rD Lease Expiration Date: V .U1 r-:// 076 ALE ST cc 4 Applicant Name: ( 4-E Foab S Applicant Business Address: I p N F oU s Applicant Business Phone: - Home Phone: Applicant(s): Building Owner: Lk) ,"Alb 1 Cam^ / Tenant: e REs t 00,51 Number of Store Fronts: Total Anticipated Budget: Total Anticipated Grant Request: $ /j / S 7 Description of Proposed Improvements: * RC r fr\ ■CW" c X100 'FO NT (.1/4) t T M ( CASTLE STe E LuL ► u(ZF9) 5.761).)Ei m\etT cc or\; i 1poc >� �Tl� Corr���►c�L G Rokn- L •_: IM-.t TR AN h1+ - * Attach elevations of proposed improvements (if available) L_T1S Rok St GA) INCAS Applicant Name: ; 104 File Number: PICTURE OF STORE FRONT: 8 1/2" X 10" PHOTO Applicant Name: File Number: BUDGET (anticipated) ACTIVITY ESTIMATED COST P tE S-r kE,7ucxPoiN^1'/A 46. tV 154nio boa R. E eAL. .-__ ` 1 O ao Li G ■TS o Q 6---- ppL4\RG �� 4 Go i mats i\L ti I N Gs KE P LA�EM 1=T Q Q <dj) S UJ v S3 S Total Anticipated Grant Request: $ Architect for the Project: Name: Address: Phone: Contractor for the Project: 6Ak-IE 3IGiVS 0002a E-- ,ML V-z- c_ i ic_ (1 A Nos-T Name: -M—cp 3L 51 140'11 K COD Y T o 6 RATS Srcne ylLA:ddress: (0 . 6 , _) _ 1 `c)5 aACri�.q CLZ E'2\) 6n1/N6 4C`F'f LJ ' Phone: ►- -'rt1aN ► , L (00`Pri 4 _ ti. :1 L ! . /5 fin‘-btNOLIG H (0 0i,t3 3,57 -7 '). 963- 3967 - o c , JL. L ev3 (o g,57 -S35:01, ors lag -9 pplication will be reviewed by the Economic Development Coordinator , Building Department, and Community Development Director. FAC-ROE Applicant Name: C.} ' �' 5sr ' /c-e5 fait File Number: I, a_lv, 7, 0, j �-� y , hereby make application to the Village of Lemont for a Facade Improvement Grant Program in the anticipated amount of $ %T% . 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. scant Signatur Date ing Owner Please return the completed application to: Economic Development Coordinator Village of Lemont 418 Main Street Lemont, IL 60439 If you need assistance with the application and/or have general inquiries, please contact the Economic Development Coordinator at (708) 257 -6440. ® CO:\-L, 1C r•TED ©L-b L I -1T F I kTt-iRES VILLAGE OF LEMONT RESOLUTION NO. `i 3 a DATE b -/0 - `) 4,7 GRANT A RESOLUTION APPROVING VILLAGE PARTICIPATION OF FACADE PROGRAM WHEREAS, the Village of Lemont has adopted Ordinance 885, the Downtown Facade Improvement 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 Facade Improvement Grant, the Village Board of Trustees shall consider participation in building reinvestment; and WHEREAS, W & E Food Services, Inc. and William Montgomery as President, as the property owner(s) for the property known as 103 Stephen Street, has completed the Downtown Facade Improvement Grant application for Village participation of said property; and WHEREAS, Village Staff has reviewed the 103 Stephen Street application for compliance with the Downtown Facade Improvement Grant guidelines and has recommended approval of the request. NOW, THEREFORE, BE IT RESOLVED, that the Village President is authorized to execute the Facade Grant Agreement attached for 103 Stephen Street in accordance with the terms of the Downtown Facade Improvement guidelines. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMON COUNTIES OF COOK, DuPAGE AND WILL, ILLINOIS, on this /0 day of _, 1996. Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert AYES NAYS PASSED ABSENT 6'/:-d/t6t.l) CHARLENE SMOLLEN, Village Clerk 0(ft Approved by me this A day of 1/� Attest; CHARLENE SMOLLEN, Village Clerk HARD A. ASNESKI, Village President ti VILLAGE OF LEMONT FACADE IMPROVEMENT GRANT PROGRAM AGREEMENT THIS AGREEMENT, entered into this day of , 19, 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: Address: City: Name of Business: Project Address(es) State: Zip Code: 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 Dollar ($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: 2 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 $ 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 3 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. 4 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. 6 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. 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 DATE: m Partici DATE: �� Form Rev.5 /96 9 DATE: - lo - 16, ATTEST: illage Clerk DATE: ( /� y 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, , owner(s) of , 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 Village of Lemont, a Municipal Corporation, in the amount of Dollars ($ ) on the property commonly known as Lemont, Illinois 60439, and legally described as follows: Permanent Index Number: 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 day of , 1996. Forth Rev. 5/96 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 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