R-59-08 Resolution Site and Sign Grant 206 Main StreetRESOLUTION
RESOLUTION APPROVING VILLAGE PARTICIPATION IN
TIF BUILDING AND SITE GRANT AND SIGN GRANT PROGRAMS
FOR 206 MAIN STREET
WHEREAS, The Village of Lemont has adopted Ordinance 0- 71 -99, the Downtown Building &
Site Improvement Grant and Sign Grant 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 and Sign Grant
Programs, the Village Board of Trustees shall consider participation in building reinvestment; and
WHEREAS, Daniel Farnesi, DB Avalon Development, Inc., owner of the property known as 206
Main Street, has completed the applications for the Downtown Building & Site Improvement Grant and the
Sign Grant programs, requesting reimbursement of eligible upgrades to the property; and
WHEREAS, Village Staff has reviewed the application for compliance with the Grant guidelines
and has recommended approval of the request.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village
of Lemont as follows:
SECTION 1: That the Village President is hereby authorized to execute the Building and Site Grant
Agreement and Sign Grant Agreement attached hereto in the amount of $10,750 (ten thousand seven hundred
and fifty dollars).
SECTION 2: This Resolution shall be in full force and effect from and after its passage, approval
and publication in the manner provided by law.
SECTION 3: The Village Clerk of the Village of Lemont shall certify to the adoption of this
Resolution and cause the same to be published in pamphlet form.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, IL on this 22 °d
day of September , 2008.
Debby Blatzer
Peter Coules
Clifford Miklos
Brian Reaves
Ronald Stapleton
Jeanette Virgilio
AYES NAYS PASSED ABSENT
V
rl
jr V klitidg
JOHN F. P ZA, Village ' resid; n
VILLAGE OF LEMONT
BUILDING AND SITE IMPROVEMENT GRANT PROGRAM
AGREEMENT
TIF DISTRICT
THIS AGREEMENT, entered into this 30 day of
4!4.700
, 200g 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: ? C� ao13 f
Address: - C
City: Lemont State: Illinois Zip Cede: 60439
TName of Business: TH- ( I "` N. it-
r
Project Address(es) 2 -0& r�
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 $ for
construction cost and $ 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.
2
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 OWNER/LESSEE in payment of: one -half of the
approved cost or Ten Thousand Seven Hundred Fifty Dollars ($10,750.00) whichever is
less. In no case shall the amount paid to the OWNER/LESSEE exceed the amount
specified in this Agreement or in the contractor's or architect's statements. At the time of
reimbursement and throughout the term of this agreement, the land use and signage under
3
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
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
4
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 ($10,750.00) total limitation shall apply to all
Sign Grants, Building and Site Grants or Interest Rate Program Awards made to a single
building and/or lot within any three (3) year period. For the purpose of calculating the
three (3) year period, the date of the last Village payment shall be considered the start of
5
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.
SECTION 13: PERFORMANCE OF AGREEMENT - It is agreed that the parties
hereto may in law or in equity, by suit, action, mandamus, or any other proceeding,
including specific performance, enforce or compel the performance of this Agreement,
6
which shall include the right of the parties to recover a judgment for monetary damages
against each other, provided, however, that the owners shall not have a right to recover a
judgment for monetary damages against any elected or appointed official of the Village for
any breach of any of the terms of this Agreement. The Village reserves the right to
maintain an action to recover damages or any sums which owners have agreed to pay
pursuant to this Agreement and which have become due and remained unpaid.
SECTION 14: EXHIBITS - It is agreed that Exhibits I through VII shall be considered
part of this agreement.
SECTION 15: DISPLAY OF VILLAGE FUNDING PROMOTIONAL MATERIAL
All program participants shall be required to prominently display a poster identifying the
property as receiving Village funding. The sign will be provided by the Village and shall
be displayed from the date the Application is approved, to no less than thirty (30) days after
final approval and reimbursement is made.
SECTION 16: GUARANTEE OF FUNDS - The filing of an application for Building
and Site Improvement Grant in no way is a guarantee of funding by the Village of Lemont.
7
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date
first appearing above.
OWNERS SSEE )
VILLAGE OF LEMONT
Program Participant f-‘16 i Villa
Date: M a f Dat
_ ?O •- if
t)7
Property Owner
Date:
Form Rev. 5/00
b
ATTEST:
Village Clerk
EXHIBIT I
EXHIBIT II
EXHIBITS
PROOF OF OWNERSHIP IN 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 NOTARIZED.
9
AGREEMENT CREATING LIEN ON REAL ESTATE
The undersigned, \A$) owner(s) of
, Lemont, Illinois, having applied for
Building & Site Improvement Grant Program from the Village of Lemont through TIF
Financing District does hereby grant a lien to the Village of Lemont, a Municipal
Corporation, in the amount of ^Qi ..A �-%,& Dollars
($ 101000 ) on the property commonly known as z.(9 Mk/ p ,
Lemont, Illinois 60439, and legally described as follows:
Permanent Index Number: .Z 2 ° -312-610a - 0000
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 ! b day of 2
Form Rev. 7/03
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 \am t2 4a.,Q, ifteS ( 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.
"OFFICIAL SEAL"
EVELYN FAIRCLOTH
Notary Public, State of Illinois
My Commission Expires 05/0912000 <S
This instrument was prepared by:
VILLAGE OF LEMONT
418 Main Street
Lemont, Illinois 60439
(630) 257 -6440
SPECIAL WARRANTY DEEL
The Grantor, COREGAN GROUP,
L.L.C., an Illinois limited liability company,
with its principal place of business
in Lemont, Illinois, for and in consideration
of Ten and No /100 Dollars ($10.00) and other
good and valuable consideration in hand paid,
does REMISE, RELEASE, ALIEN AND
CONVEY to DB AVALON
DEVELOPMENT, INC., an Illinois
corporation, the Grantee, having
a principal place of business in Lemont,
Illinois, the following described property
situated in the County of Cook in the State of
Illinois, to wit (the "Property"):
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF FOR LEGAL DESCRIPTION
Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion or
reversions, remainder or remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim or demand whatsoever, of
Grantor, either in law or equity of, in and to the Property.
And Grantor, for itself and its successors, does covenant, promise and agree with Grantee and its successors, that Grantor has not
done or suffered to be done, anything whereby the Property hereby granted is, or may be, in any mariner encumbered or charged, except as
herein recited; and that Grantor WILL WARRANT AND DEFEND the Property against all persons lawfully claiming, or to claim same,
by, through or under it, subject only to the exceptions set forth in Exhibit B attached hereto and made a part hereof.
DATED this 29th day of August, 2007.
Coregan Group, L.L.C., an Illinois limited liability company
By:
Randal A Zahora, dent
State of Illinois, County of Cook, SS. I, the undersigned, a Notary Public in and for said
County, in the State aforesaid, DO HEREBY CERTIFY that Randal K;Zahora, personally
known to me to be the President of Coregan Group, L.L.C., whose name is subscribed to
the foregoing instrument, appeared before me this day in person, and acknowledged that
such person signed, sealed and delivered said instrument as such person's free and
voluntary act and as the free and voluntary act of said limited liability company, for the
uses and purposes therein set forth.
IMPRESS
SEAL
HERE
(SEAL)
Given under my hand and official seal this
Commission expires
oLf /to
This instrument was prepared by:
aR
2010
day of August, 200
blic
Darrin S. Bairn, GOLAN & CHRISTIE LLP, 70 West Madison St., Ste. 1500, Chicago, IL 60602
(A14 hop)
•O'Jj'r- /� -. 31- cos 2
Please send a recorded copy of this instrument �to:
Send Subsequent Tax Bills to: 9 8 // "‘� .--. 147,t) �7 ! ✓�
1 •- ,o.'-r, 1 L 'a jf 7
(00073458.DOC 1)
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
LOTS 17 AND 18 AND THE EASTERLY 4.00 FEET OF LOT 19 IN BLOCK 3 IN THE VILLAGE OF LEMONT, A
SUBDIVISION IN SECTION 20, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
IN COOK COUNTY, ILLINOIS.
PERMANENT INDEX NUMBERS: 22 -20 -312- 002 -0000
22 -20 -312- 003 -0000
22 -20- 312- 026 -0000
ADDRESS OF PROPERTY: 206 Main Street
Lemont, Illinois 60439
(00073458.DOC /}
EX BRIT B
PERMITTED EXCEPTIONS
1. GENERAL REAL ESTATE TAXES IN RESPECT OF THE PROPERTY WHICH ARE NOT DUE AND OWING.
2. ACTS DONE OR SUFFERED BY, OR JUDGMENTS AGAINST PURCHASER OR ANY PARTY CLAIMING BY,
THROUGH OR UNDER GRANTEE.
3. POSSIBLE EASEMENT FOR PUBLIC UTILITIES BY VIRTUE OF OVERHEAD WIRE, AS DISCLOSED BY
SURVEY DATED MAY 26, 2004 MADE BY SCHOMIG LAND SURVEYORS, LTD. PLAT NO. 041414.
4. ENCROACHMENT OF BUILDING ON PROPERTY EAST AND OF ADJOINING OVER EAST LINE ONTO
THE LAND BY 0.23 OF A FOOT, AS DISCLOSED BY SUVEY MADE BY SCHOMIG LAND SURVEYORS,
LTD. PLAT NO. 041414 DATED MAY 26, 2004.
5. ENCROACHMENT OF BUILDING OVER SOUTH LINE BY 1.62 FEET TO 1.94 FEET, AS DISCLOSED BY
SURVEY MADE BY SCHOMIG LAND SURVEYORS, LTD. PLAT NO. 041414 DATED MAY 26, 2004.
(00073458.DOC 1)
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VILLAGE OF LEMONT
PRIVATE SIGNAGE IMPROVEMENT PROGRAM
AGREEMENT
TIF DISTRICT
THIS AGREEMENT, entered into this
day of
Iro
.SD Speer
, 2, 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: W3 ,AtJkL&p) �: �¢�p(, '�— /tie
v _
t N t 5 kt t v9T 14&
Address: 2 ~e)(.r., M4( t
City: L- 410 . State: ( L Zip Code: ) ? 5)
Name of Business:
WITNESSETH
Whereas, the VILLAGE has established a Private Signage Improvement Program for
application within certain designated commercial rehabilitation areas of the VILLAGE
known as the Tax Increment Financing District; and
Whereas, said Private Signage Improvement 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 Signage 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 Seven Hundred
Fifty Dollars ($750.00) per sign for sign design and sign procurement; 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 Private Signage Improvement 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 signage design and
procurement costs for the OWNER's /LESSEE's property up to fifty percent (50 %), up to a
maximum amount not exceeding Seven Hundred Fifty Dollars ($750.00) per sign. The
actual amount per this agreement shall not exceed $ . The signage design
2
and procurement 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 private signage work shall be undertaken until
the following is completed:
• The application has been completed and approved by the Village;
• The design therefore has been submitted to and approved by the Building
Department /Community Development Department for code compliance;
• The Village has determined the proposal meets the intent of the Downtown Sign
Ordinance;
• The sign is being installed by an accredited, licensed sign professional; No Application
shall be processed or approved in cases when non - conforming signs exist on the
building; unless the conflict has been resolved prior to the approval.
No private signage 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.
3
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 signage 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
signage 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 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 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 Seven Hundred Fifty Dollars ($750) whichever
4
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 statements. At time of reimbursement
and throughout the term of this agreement, all signage under the control of the
OWNER/LESSEE shall be in conformance with Village sign code provisions.
SECTION 5: FAILURE TO COMPLETE WORK - If the OWNER/LESSEE or his
contractor fail to complete the signage improvement work provided for herein in
conformity with the plans, specifications and 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: MAINTENANCE OF IMPROVEMENTS - Upon completion of the
signage 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
signage 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 signage, 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 designated for approval; which approval shall not be unreasonably with held if
5
the proposed changes do not substantially alter the original design concept of the signage as
specified in the drawings and plans approved pursuant to this Agreement.
SECTION 7: UNRELATED IMPROVEMENT - 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 signage 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, to said property for a period of three (3) years from and after the date of
completion and approval of the signage 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 property owner from applying for more than one Grant. However, a
Ten Thousand Seven Hundred Fifty Dollar ($10,750.00) limitation shall apply to all Sign
Grants, Building and Site Improvement 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: CONSTRUCTION INDEMNIFICATION - 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, or the construction 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 V 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.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the
date first appearing above.
8
OWNERS /LESSEE
Program Participant 1 4 .)
DATE: C Z-06)
Property Owner Au
DATE: 6 ^'/-i'
Rev. 03/03
9
VILLAGE OF LEMONT
ATTEST:
DATE:
Village Clerk
EXHIBITS
EXHIBIT I PROOF OF OWNERSHIP
EXHIBIT II EXECUTED LEASE
EXHIBIT III COPY OF APPLICATION
EXHIBIT IV SIGNAGE PLANS
EXHIBIT V CONTRACTOR'S AGREEMENT
SPECIAL WARRANTY DEEL
The Grantor, COREGAN GROUP,
L.L.C., an Illinois limited liability company,
with its principal place of business
in Lemont, Illinois, for and in consideration
of Ten and No /100 Dollars ($10.00) and other
good and valuable consideration in hand paid,
does REMISE, RELEASE, ALIEN AND
CONVEY to DB AVALON
DEVELOPMENT, INC., an Illinois
corporation, the Grantee, having
a principal place of business in Lemont,
Illinois, the following described property
situated in the County of Cool( in the State of
Illinois, to wit (the "Property"):
SEE EXH. IBIT A ATTACHED HERETO AIVD MADE A PART HEREOF FOR LEGAL DESCRIPTION
Together with all and singular the hereditament and appurtenances thereunto belonging, or in anywise appertaining, and the reversion or
reversions, remainder or remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim or demand whatsoever, of
Grantor, either in law or equity of, in and to the Property.
And Grantor, for itself and its successors, does covenant, promise and agree with Grantee and its successors, that Grantor has not
done or suffered to be done, anything whereby the Property hereby granted is, or may be, in any manner encumbered or charged, except as
herein recited; and that Grantor WILL WARRANT AND DEFEND the Property against all persons lawfully claiming, or to claim same,
by, through or under it, subject only to the exceptions set forth in Exhibit B attached hereto and made a part hereof.
DATED this 29" clay of August, 2007.
Coregan Group, L.L.C., an Illinois limited liability company
By:
Randal Zahora, dent
(SEAL)
State of Illinois, County of Cook, SS. I, the undersigned, a Notary Public in and for said
IMPRESS County, in the State aforesaid, DO HEREBY CERTIFY that Randal x;Zahora, personally
SEAL known to me to be the President of Coregan Group, L.L.C., whose name is subscribed to
HERE the foregoing instrument, appeared before me this day in person, and acknowledged that
such person signed, sealed and delivered said instrument as such person's free and
voluntary act and as the free and voluntary act of said limited liability company, for the
uses and purposes therein set forth.
Given under my hand and official seal this al'k day of August, 200
Commission expires 01-f 10 , 20i0
This instrument was prepared by: Darrin S. Bairn, GOLAN & CH 7170/7)) RISS 1IE LLP, 70 West Madison St., Ste. 1500, Chicago, 60602
Please send a recorded copy of this instrument to: (///4-1 .�." � ""'' � Mt'
►0 8 // YCt4_ dJ,C ✓l h <rT % • :l ✓m /'�1 i . L C U S--2
Send Subsequent Tax Bills to: �• • ,..,•� � �
2-L/ J 7 .
('O J 7
100073458.DOC 1)
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
LOTS 17 AND 18 AND THE EASTERLY 4.00 FEET OF LOT 19 IN BLOCK 3 IN THE VILLAGE OF LEMONT, A
SUBDIVISION IN SECT ION 20, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
IN COOK COUNTY, ILLINOIS.
PERMANENT INDEX N J BERS: 22 -20 -312- 002 -0000
22 -20- 312- 003 -0000
22 -20 -312- 026 -0000
ADDRESS OF PROPERTY: 206 Main Street
Lemont, Illinois 60439
{00073458.DQC /)
EXSBIT B
PERMITTED EXCEPTIONS
1. GENERAL REAL ESTATE TAXES IN RESPECT OF THE PROPERTY WHICH ARE NOT DUE AND OWING.
2. ACTS DONE OR SUFFERED BY, OR JUDGMENTS AGAINST PURCHASER OR ANY PARTY CLAMING BY,
THROUGH OR UNDER GRANTEE.
3. POSSIBLE EASEMENT FOR PUBLIC UTILITIES BY VIRTUE OF OVERHEAD WIRE, AS DISCLOSED BY
SURVEY DATED MAY 26, 2004 MADE BY SCHOMIG LAND SURVEYORS, LTD. PLAT NO. 041414.
4. ENCROACHMENT OF BUILDING ON PROPERTY EAST AND OF ADJOINING OVER EAST LINE ONTO
THE LAND BY 0.23 OF A FOOT, AS DISCLOSED BY SUVEY MADE BY SCHOMIG LAND SURVEYORS,
LTD. PLAT NO. 041414 DATED MAY 26, 2004.
5. ENCROACHMENT OF BUILDING OVER SOUTH LINE BY 1.62 FEET TO 1.94 FEET, AS DISCLOSED BY
SURVEY MADE BY SCHOMIG LAND SURVEYORS, LTD. PLAT NO. 041414 DATED MAY 26, 2004.
(00073458.DOC /)
WHERE THE WORLD GOES FOR SIGNS
Email danftbetheolace.com
Phone (630) 728-6131 Fax
s
0
L
D
T
O
THISMUS001
This Must Be The Place
206 Main St
Lemont, IL 60439- USA
Item ID
Qty Ordered
ALUMALITE 6 MM 1
* The unit price $881.54 is a 5% discount off the list price $927.94.
ALUMALITE 6 MM - Qty:1 Side of Building This Must Be The Place
Sides: 1
Sign A Rama Mokena IL
11400 Lincoln Hwy, Suite #104
Mokena, IL, 60448- USA
Phone: (815)- 806 -8585 Fax: (815)- 806 -9164
www.signarama.com /60448
mokena @signarama.com
Page 1 of 3
QUOTE 001728
Quote Date
SalesRep
Terms Code
Phone (630) 728-6131
s
H
P
T
O
9/4/2008
ACM
50 %Deposit Req
Fax
This Must Be The Place
206 Main St
Lemont, IL 60439- USA
Unit of Measure
Each
Height: 7 Ft 0 In
Length: 10 Ft 0 In
Full color: EcoSoi Vinyl
Copy:
Logo 10'x7'
Private Party Room 10 "' high
630-243-1500 10" high
ENHANCEMENTS:
1.Cold Lamination - Gloss; qty: 70
Unit Price
$88t54
Extended Price
$881.54
ALUMALITE 6 MM
* The unit price $402.99 is a 5% discount off the list price $424.2.
ALUMALITE 6 MM - Qty:1 Side of building Prosperity
Sides: 1
Height: 4 Ft 0 In
Length: 8 Ft 0 In
Full color: Ecosol vinyl
Copy:
Prosperity Logo
ENHANCEMENTS:
1.Cold Lamination- Gloss; qty: 32
1 Each
$402.99 $402.99
Light Box
Light box for changeable letter marquee
1 ea
$467.28 $467.28
Pre- painted - 6 -1/2" deep x 48" x 96" rigid face, back electrlal, raceway covers. Slide face to service (amps. Lamping
direction horizontal. Prepainted dark quaker bronze- primer topcoat.
Pronto Letters
Taxable NonTaxable
$6,285.70 $450.00
1 set
SalesTax Freight
$471.43 $0.00
$410.00 $410.00
Misc OrderTotal
$0.00 $7,207.13
ii
WHERE THE WORLD GOES FOR SIGNS
Email dan(betheoIace.com
Phone (630) 728-6131 Fax
s
0
L
D
T
O
THISMUS001
This Must Be The Place
206 Main St
Lemont, IL 60439- USA
Item ID
City Ordered'
Sign A Rama Mokena IL
11400 Lincoln Hwy, Suite #104
Mokena, IL, 60448- USA
Phone: (815)-806-8585 Fax: (815)-806-9164
www.signarama.com /60448
mokena @signarama.com
Page 2 of 3
QUOTE 001728
Quote Date 9/4/2008
SalesRep ACM
Terms Code 50% Deposit Req
Phone (630) 728 -6131
s
P
T
O
Fax
This Must Be The Place
206 Main St
Lemont, IL 60439- USA
Unit of Measure
Changeable copy letters for marquee. 250 pieces & track for teitere on marque
if change arm is needed add $135 to price
Unit Price
Extended Price
ALUMALITE 6 MM
The unit price $119.89 is a 5% discount off the list price $126.2.
ALUMALITE 6 MM - Qty:1
Sides:1
Height: 2 Ft 0 In
Length: 4 Ft 0 In
1 Color(s): EcoSol Cal - Vinyl
Copy:
ENHANCEMENTS:
1.Cold Lamination - Gloss; qty: 8
1 Each
$119.89
$119.89
SANDBLASTED CEDART 1 EA $4,004.00 $4,004.00
72 "x84'52" single sided blasted 15# HDU sign panel w /raised copy - finished in customer required specs & painted 2
colors. This panel wil have a slightly visible seam. Includes pattem and studs for wall mount, crating and shipping
fees.
03- INSTALLnonelec 6 HOUR
Installation of al signage. Electric wil provided at sign location outside for marquee.
This cost does not include any permit or city fees. This wll be baled on a separate invoice.
This includes cost of installing existing Prosperity sign in window as discussed.
$75.00 $450.00
Taxable NonTaxable SalesTax Freight
$6,285.70 $450.00
$471.43 $0.00
Misc OrderTotal
$0.00 $7,207.13
WHERE THE WORLD GOES FOR SIGNS
Email danCa betheolace.com
P one (630) 728 -6131 Fax
s
O
L
D
T
O
THISMUS001
This Must Be The Place
206 Main St
Lemont, IL 60439- USA
Item ID
Qty Ordered
Invoices 6 Cancellation of OrdersSign•A•Rema (Vendor) prepares your order according to your specificetions.lhere ore. prior to it's
commencement your order is only cancelable wtth the Vendor's prier written consent After commencement of your order (dm point atwhich
materials are assembled and work has begun). your order is non-cancelable. The Customer is Solely Responsible for Proofreading Vendor
does not assume any responsibllity for the correctness of copy. Therefore. you must review and sign a proof prior to our commencement of
your order. By signing your proof. you approve of its content and release the Vendor to commence our emrk You are solely responsible for
the content of the proof once it has been signed. However, if we should male an error In producing the work as proofed. please be assured
that we will redo the work as quickly as possible end without charge to you.Vendors liability Vendor's total liability is hereby expressly limited to
the services indicated on the invoice end Vendor will not be liable for any subsequent damages. consequential damages. or otherwise. AI
dates promised on this invoice are approximations unless the word 'fire is written end acknowledged by the Vendor.
Sign A Rama Mokena IL
11400 Lincoln Hwy, Suite #104
Mokena, IL, 60448- USA
Phone: (815)-806-8585 Fax: (815)-806-9164
www.signarama.com /60448
mokena @signarama.com
Page 3 of 3
QUOTE 001728
Quote Date 9/4/2008
SalesRep ACM
Terms Code 50% Deposit Req
Phone (630) 728 -6131
s
P
T
0
Fax
This Must Be The Place
206 Main St
Lemont, IL 60439- USA
Unft of Measure
Unit Price
Extended Price
Term of Payment: Upon ordering, you must give Vendor a 50% deposit. Your balance will be due upon delivery and/or
instal alion. Vendor may, at its sole discretion, extend credit terms to you upon approval.Collecfion Procedures: Invoices
are considered delinquent thirty (30) days from the date that your order is completed. After the thirtieth day, a late charge
of $25.00, together with interest accruing at the rate of 1.5% per annum, or the maximum rate allowable by law is
assessed. You shall be liable for all costs related to collection of delinquent invoices, including court costs and attorney's
fees. Customer's Acceptance of Work: Customer's acceptance, either personal or through his/her agent(s) and/or
employee(s) of the work ordered shall be deemed as fug acceptance. This means that by accepting delivery of the work,
customer affirms that the work substantially conforms to all expectations.Lost or Substantially Forgotten Work: If customer
does not take possession of completed work within thirty (30) days from notiHcation of completion, then the work will be
considered Post or forgotten, and vendor will not be responsible for further loss. Customer will be baled and responsible
for payment for work that has been completed
Signature 'Date:_
Taxable NonTaxable
$6,285.70 $450.00
SalesTax Freight
$471.43 $0.00
OrderTotal $7,207.13
Misc OrderTotal
$0.00 $7,207.13