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R-61-04 08/23/2004RESOLUTION 0 RESOLUTION APPROVING VILLAGE PARTICIPATION IN TIF BUILDING AND SITE GRANT PROGRAM FOR-42f STEPHEN STREET lii WHEREAS, the Village of Lemont has adopted Ordinance 0- 71 -99, the Downtown Building & Site Improvement Grant, Sign Grant and Low Interest Loan Programs, to provide incentives for building reinvestment within the Village of Lemont's Tax Increment Financing District; and WHEREAS, in accordance with the Downtown Building & Site Improvement Grant, the Village Board of Trustees shall consider participation in building reinvestment; and WHEREAS, Milan, Elaine & Tom Laketa as the property owner for the property known as 111 Stephen Street has completed the Downtown Building & Site Improvement Grant application for Village participation of said property; and WHEREAS, Village Staff has reviewed the 111 Stephen Street application for compliance with the Downtown Building & Site Improvement Grant guidelines and has recommended approval of the request. NOW, THEREFORE, BE IT RESOLVED, that the Village President is authorized to execute the Building and Site Grant Agreement attached for One Thousand Four Hundred and Sixty Five Dollars ($1,465.00) in accordance with the terms of the Downtown Building & Site Improvement guidelines. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES ILLINOIS on this A3 rd Day of , 2004 Debby Blatzer Peter Coules Brian Reaves Steven Rosendahl Ronald Stapleton Jeanette Virgilio Attest: AYES NAYS PASSED ABSENT V CHARLENE SMOLLEN, Village Clerk VILLAGE OF LEMONT BUILDING AND SITE IMPROVEMENT GRANT PROGRAM AGREEMENT TIF DISTRICT THIS AGREEMENT, entered into this 23rd day of August, 2004, 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: Milan, Elaine & Tom Laketa Address: 111 Stephen Street City: Lemont State: Illinois Zip Code: 60439 Name of Business: Brandt Cellar Project Address(es) 1 1 1 Stephen Street 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 $750.00 of that amount reserved for sign improvements only. Architectural fees shall be limited to a One Thousand Dollars ($ l ,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 Dollars ($10,000.00) for construction and architectural cost. The actual amount per this agreement shall not exceed $1,465.00 for construction cost and $0.00 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 /or specifications are attached hereto. 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 Assistant Administrator 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 One Thousand Four Hundred & Sixty Five Dollars ($1,465.00) 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 Tots 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 Assistant Administrator, 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 Dollars ($10,000.00) 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 the three (3) year 5 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 ttcrrecover 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 /LESSEE Program Participant Date: iii Property Owner Date: Form Rev. 5/00 8 VILLAGE OF LEMONT President Date: ATTEST I ;QI( ,' � �--- Village Clerk Date: 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 OWNER'S POLICY (1992) SCHEDULE A (CONTINUED) POLICY NO.: 1401 007767227 D2 INTEREST, AS TO PARCEL 1; MILAN LAKETA AND ELAINE LAKETA, HUSBAND AND WIFE, AS TENANTS IN COMMON, AS TO AN UNDIVIDED 1/4 INTEREST, AS TO PARCEL 1; THOMAS LAKETA, A WIDOWER NOT SINCE REMARRIED, AS TO AN UNDIVIDED 2/4, AS TO PARCEL 1. MILAN LAKETA AND ELAINE LAKETA, HIS WIFE, AS JOINT TENANTS, AS TO AN UNDIVIDED 1/4 INTEREST, AS TO PARCEL 2; MILAN LAKETA AND ELAINE LAKETA, HUSBAND AND WIFE, AS TENANTS IN COMMON, AS TO AN UNDIVIDED 1/4 INTEREST, AS TO PARCEL 2; THOMAS LAKETA, A WIDOWER NOT SINCE REMARRIED, AS TO AN UNDIVIDED 2/4 INTEREST, AS TO PARCEL 2. THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED. OPOIA252 CB3 08/05/99 11:54:58 OWNER'S POLICY (1992) SCHEDULE A (CONTINUED) POLICY NO.: 1401 007767227 02 5. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: PARCEL 1: THAT PART OF LOTS 1 AND 2 IN BLOCK 28 IN KEEPOTAW, A SUBDIVISION IN SECTION 20, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF LOT 1 AFORESAID 9.70 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 1, THENCE NORTH 22 DEGREES WEST 39 FEET 6 -3/5 INCHES, THENCE SOUTH 68 DEGREES WEST 60 FEET, THENCE SOUTH 22 DEGREES EAST 14 FEET 4 -1/8 INCHES TO THE SOUTH LINE OF SAID LOT 2, AND THENCE EAST ALONG THE SOUTH LINE OF LOTS 2 AND 1 AFORESAID TO THENCE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PARCEL 2: LOT 1 IN BLOCK 1 IN SINGER AND TALCOTT'S FIRST ADDITION TO LEMONT, A SUBDIVISION IN THE WEST 1/2 OF THE SOUTH EAST 1/4 OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS THIS POLICY VALID ONLY IF SCHEDULE H IS ATTACHED. OP1A1592 CB3 08/05/99 11:54:58 TIF ❑ Non -TIF ❑ Project Address: Village of Lemont GRANT APPLICATION Section One: Applicant Information Property Owner ❑ Tenant Applicant Name: Business Name (if tenant applicant): Social Security Number: 7 -,i,9. - 6 %,ter" or EIN: Residence Address:._ f ^ ,, Ae /Jft:L / City: ;4 /1b F �'�;C K State: /2 Zip: Business Phone: Home Phone: Z: :! •- %�%— ,�C�'g Section Two: Company Profile (if tenant applicant) ❑ New business establishing itself in Lemont ❑ Existing business relocating to Lemont from: City: State: Existing Lemont business expanding/ modeli 'at same location Existing Lemont business, expanding by adding a new location within Lemont Existing Lemont business, relocating to a new site /building within Lemont Old Address: New Address: Year Business Established: Years in Lemont: Type of Business: (Describe): Lease Expiration Date: Full -time employees: Part -time employees: Section Three: Project Details Project Address: /// / 4S //5— / %f ` /b' S / Property PIN: ,1i- - '�L /,04 - re / - 0000 Description of Proposed improvements: !` 4 - l / ' 11- n 1 i7 /2,14//). / N" (4- F 6' 171915 le ILI e' 01;111 Anticipated budget as indicated by best bid: Please provide a breakdown of costs by activity and attach two proposals for the work. Staff will review your project and complete the grant eligible total costs. TIF ❑ Non -TIF ❑ Project Address: ACTIVITY COST s e I[e( �� Uni. k 5 $1‘nico.00 GRANT ELIGBLE (staff use only) 39O Project Architect: Name: Address: Phone: Total Eligible Grant Request: $Ii�i�S. ©� Project Contractor: Must be licensed and bonded by the Village of Lemont Name: Address: Phone: Will this project proceed if financial assistance is not granted? ❑ No ▪ Yes ❑ Yes, but at a later date (explain): 2 TIF ❑ Non -TIF ❑ Section Four: Property Owner /Building Information Building Square Footage: Property Owner: Owner Address:, 5"7 Project Address: Number of units: Average lease rates per s.f.: it %1 Property Owner Phone: City: - /A f' x J =Y State: %L , Section Five: Conflict of Interest Disclosures Is any owner of the business and /or property an elected or appointed official of the Village of Lemont, or related to an elected or appointed official of the Village of Lemont, or routinely contracts with the Village of Lemont to provide goods or services? ItQ No ❑ Yes Explain: Application will be reviewed by the Economic Development Coordinator, Building Department, Community Development Director, and Historic Preservation Commission. I, 41 /I)/> d A,ll�j'.H7 / - hereby make application to the Village of Lemont Grant Program in the anticipated amount of $ . 1 understand that my application must be approved by the Village and that it must conform to any established Design Guidelines, as well as, specific design recommendations of the Village of Lemont. I have read a copy of the Grant Program Agreement and lien provisions. If approved, I understand that all work performed is subject to development, building, permit and agreement provisions. Cv Applicant Signature .114 Property Owner Jfkil -iu d_.n_kc,Yc`1, Please return completed application to: Economic Development Coordinator Village of Lemont 418 Main Street Lemont, IL 60439 (630) 257 -6440 3 g /d-/c% '1 Date Date /( 7 Kave, inc. 1009 Porter Lemont, IL 60439 630 - 257 -1293 630 - 257 -8536 fax Proposal #3462 August 13, 2004 Milan Laketa Tom's Place 110 Stephen Street Lemont, IL 60439 RE: Painting of exterior Talcott and Stephen Dear Milan: We propose to furnish all labor, material and equipment to complete all painting on the exterior soffit and eaves, color to be approved upon on acceptance of proposal for a lump sum contract price of: $2,100.00 Kave, inc. is an insured corporation of the State of Illinois; all carpentry work by union labor. If not accepted within 30 days, this proposal may be withdrawn by Kave, inc. Please sign and return one copy to our office. Quote subject to Kave's schedule; upon acceptance a starting date will be given. Thank you for the opportunity to bid this job. Sincerely, Accepted Dave Moeller Milan Laketa Date 630 - 565 -6136 o0000 00000 FROM INSPIRATION To RENOVATION resicom Total 51780 Eric S. Wlodarski Phone / Fax: (630) 257 -2250 Mobile: (708) 807 -7092 ROYAL -7 CONSTRUCTION INC. v Concrete • Excavating • Foundations • Flatwork • Commercial • Residential 225 Canal Street Lemont, Illinois 60439 Licensed, Bonded, Insured PROPOSAL — Proposal No. Sheet No. Date 8/17/04 Proposal Submitted To Work To Be Performed At Name Milan Laketa Street 111 Steven Street City Lemont State IL Phone 630 - 257 -9875 Street City Lemont State IL Date of Plans Architect 111 Steven Street We hereby propose to furnish the materials and perform the labor necessary for the completion of Remove & Replace Concrete Steps In Rear Of Building All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of DUE ON RECEIPT Dollars (S 1 , 1 50.00 ). with payments to be made as follows: Any alteriabon or deviation from above specticalions involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry tire, tornado and other necessary insurance upon above work. Workmen's Compensation and Public Liability Insurance on above work to be taken out by property owner. Respectfully submitted Per NOTE –This proposal may be withdrawn by us if not accepted within 30 days ACCEPTANCE OF PROPOSAL The above prices. specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature Date Signature rrfuru0ML INSURED BONDED RESIDENTIAL COMMERCIAL J & L Cement Construction P.O. Box 452, Lemont, IL 60439 (708) 257 -8100 Walks • Driveways • Floors • Machinery Pads • Light Excavating Proposal No. l 16 Z rJ Sheet No. Date e /'s"cd y Proposal Submitted To Work To Be Performed At Name A/14a 1 4 iecrol Street ,Sa ry t Street / / -57F/2.444-/S— rY.- City State City QA7e Date of Plans State _1L Architect Telephone Number 410 .23-7. 9r7f We hereby propose to furnish the materials and perform the labor necessary for the completion of .e&s[rrK,."T S "T L's 9` ,Z.eeNev4 ADO .Ze/` 41ce. eff,olleek —7 7 /A./AJ0 /4" im_ SPC" 7C.07.0inte alG /4ikiE /-71i40417" .19L t— L71743ner . ll All material is guaranteed to be as specified, and the above and specifications submitted for above work and completed with payments to be made as follows: 4/.46/e• erns III Any alteration or deviation from above specifications involving Respectfully extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance upon above work. Workmen's Compensation and Public Liability Insurance on above work to be taken out by (kV ;?k /'o4.. work to be performed in accordance with the drawings in a substantial workmanlike manner for the sum of Dollars ($ /BOO a "' 1. laL e./. submitted ' °�J /'•� /d l��i�=- �`'4(' "/'7`- t, Per �L �EMN a4.41- �p Note - This proposal may be withdrawn by us if not accepted within days ACCEPTANCE The above prices, specifications and conditions are satisfactory and specified. Payment will be made as outlined above. Date OF PROPOSAL are hereby accepted, You are authorized to do the work as Signature Signature AGREEMENT CREATING LIEN ON REAL ESTATE The undersigned„ /i pit,' 4= ,44, N E f0 A &F /� , owner(s) of /1/ $ Tf pH. L /V' l S / , 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 Dollars ($ ) on the property commonly known as la T!' j'/f/5,1/ 7- , Lemont, Illinois 60439, and legally described as follows: Permanent Index Number: � ,.% — �� - �'H - - t+ cc e The undersigned acknowledges that the aforesaid lien shall exist from the date of this instrument, and shall become due if any facade alterations occur less than three years after grant work completion. If this condition occurs, then the lien shall be payable to the Village of Lemont. If this condition does not occur, then the lien shall be removed. The undersigned grants to the Village of Lemont the right to assign, transfer or set over to any other municipal corporation or any part thereof all of the right, title and interest in and to said lien without rese,,rvations. DATED this / day of Form Rev. 7/03 sr STATE OF ILLINOIS 1 } 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 418 Main Street Lemont, Illinois 60439 (630) 257-6440 VILLAGE OF LEMONT BUILDING AND SITE IMPROVEMENT GRANT PROGRAM AGREEMENT TIF DISTRICT THIS AGREEMENT, entered into this 23rd day of August, 2004, 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: Milan, Elaine & Tom Laketa Address: 111 Stephen Street City: Lemont State: Illinois Zip Code: 60439 Name of Business: Brandt Cellar Project Address(es) 111 Stephen Street 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 hnprovements 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 Dollars ($10,000.00) for construction and architectural cost. The actual amount per this agreement shall not exceed $1,465.00 for construction cost and $0.00 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 /or specifications are attached hereto. 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 Assistant Administrator 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 One Thousand Four Hundred & Sixty Five Dollars ($1,465.00) 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 Assistant Administrator, 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 Dollars ($10,000.00) 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 the three (3) year 5 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 lo°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 /LESSEE Program Participant Date: Property Owner Date: Form Rev. 5/00 8 VILLAGE OF LEMONT ATTEST: Date: 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 VIl SAMPLE LIEN SIGNED AND NOTARIZED. 9 OWNER'S POLICY (1992) SCHEDULE A (CONTINUED) POLICY NO.: 1401 007767227 D2 INTEREST, AS TO PARCEL 1; MILAN LAKETA AND ELAINE LAKETA, HUSBAND AND WIFE, AS TENANTS IN COMMON, AS TO AN UNDIVIDED 1/4 INTEREST, AS TO PARCEL 1; THOMAS LAKETA, A WIDOWER NOT SINCE REMARRIED, AS TO AN UNDIVIDED 2/4, AS TO PARCEL 1. MILAN LAKETA AND ELAINE LAKETA, HIS WIFE, AS JOINT TENANTS, AS TO AN UNDIVIDED 1/4 INTEREST, AS TO PARCEL 2; MILAN LAKETA AND ELAINE LAKETA, HUSBAND AND WIFE, AS TENANTS IN COMMON, AS TO AN UNDIVIDED 1/4 INTEREST, AS TO PARCEL 2; THOMAS LAKETA, A WIDOWER NOT SINCE REMARRIED, AS TO AN UNDIVIDED 2/4 INTEREST, AS TO PARCEL 2. THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED. OPOLA292 CB3 08/05/99 11:54:58 OWNER'S POLICY (1992) SCHEDULE A (CONTINUED) POLICY NO.: 1401 007767227 D2 5. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: PARCEL 1: THAT PART OF LOTS 1 AND 2 IN BLOCK 28 IN KEEPOTAW, A SUBDIVISION IN SECTION 20, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF LOT 1 AFORESAID 9.70 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 1, THENCE NORTH 22 DEGREES WEST 39 FEET 6 -3/5 INCHES, THENCE SOUTH 68 DEGREES WEST 60 FEET, THENCE SOUTH 22 DEGREES EAST 14 FEET 4 -1/8 INCHES TO THE SOUTH LINE OF SAID LOT 2, AND THENCE EAST ALONG THE SOUTH LINE OF LOTS 2 AND 1 AFORESAID TO THENCE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PARCEL 2: LOT 1 IN BLOCK 1 IN SINGER AND TALCOTT'S FIRST ADDITION TO LEMONT, A SUBDIVISION IN THE WEST 1/2 OF THE SOUTH EAST 1/4 OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED. OPIA1592 CB3 08/05/99 11:54 :58 TIF ❑ Non -TIF ❑ Project Address: Village of Lemont GRANT APPLICATION Section One: Applicant Information Property Owner ❑ Tenant Applicant Name /4,44' Business Name (if tenant applicant): Social Security Number 7-,t,. - 6 %,g ,� or EIN: Residence Address: ,_j 52 ,E, jl,11 .z.., if:- At, City 6"sue //4'F iS roe K State: /2. Zip: Ce Business Phone: Home Phone: d :�� / ,�4 - , �EY g Section Two: Company Profile (if tenant applicant) ❑ New business establishing itself in Lemont ❑ Existing business relocating to Lemont from: City: State: Existing Lemont business expanding/ modeli at same location Existing Lemont business, expanding by adding a new location within Lemont Existing Lemont business, relocating to a new site /building within Lemont Old Address: New Address: Year Business Established: Years in Lemont: Type of Business: (Describe): Lease Expiration Date: Full -time employees: Part -time employees: Section Three: Project Details Project Address: // l /� /1/./1.5. lLP S / Property PIN: � .;/mil - f�� / -CI' coe Description of Proposed improvements: p 19,, ,4 (am- LiA 6' fl =�i Id eOA )v` F 1 ' ') ,2/ 4.1 Anticipated budget as indicated by best bid: Please provide a breakdown of costs by activity and attach two proposals for the work. Staff will review your project and complete the grant eligible total costs. 1 TIF ❑ Non -TIF ❑ Project Address: ACTIVITY COST tams e lap ie it rck 4tp5 11 c 0 GRANT ELIGBLE (staff use only) Total Eligible Grant Request: Project Architect: Name: Address: Phone: $ Contractor: Must be licensed and bonded by the Village of Lemont Name: Address: Phone: Will this project proceed if financial assistance is not granted? ❑ No Qr Yes, . . • 1 . ❑ Yes, but at a later date (explain): 2 TIF ❑ Non -TIF ❑ Section Four: Property Owner /Building Information Building Square Footage: Project Address: Number of units: Average lease rates per s.f.: Property Owner /i; r u'J- 7: AOicA713 Property Owner Phone: Owner Address; 5"-t ,5, he: i -= L,.(_ City: goi IA State: /L , Section Five: Conflict of Interest Disclosures Is any owner of the business and /or property an elected or appointed official of the Village of Lemont, or related to an elected or appointed official of the Village of Lemont, or routinely contracts with the Village of Lemont to provide goods or services? g2 r" No ❑ Yes Explain: Application will be reviewed by the Economic Development Coordinator, Building Department, Community Development Director, and Historic Preservation Commission. I, 474J' �i}�' :7!? hereby make application to the Village of Lemont Grant Program in the anticipated amount of 5 . 1 understand that nay application must be approved by the Village and that it must conform to any established Design Guidelines, as well as, specific design recommendations of the Village of Lemont. I have read a copy of the Grant Program Agreement and lien provisions. If approved, I understand that all work performed is subject to development, building, permit and agreement provisions. Applicant Signature Date Property Owner return completed application to: Economic Development Coordinator Village of Lemont 418 Main Street Lemont, IL 60439 (630) 257 -6440 3 Date L/- Kave, inc. 1009 Porter Lemont, 1L 60439 630 - 257 -1293 630 - 257 -8536 fax Proposal #3462 August 13, 2004 Milan Laketa Tom's Place 110 Stephen Street Lemont, IL 60439 RE: Painting of exterior Talcott and Stephen Dear Milan: We propose to furnish all labor, material and equipment to complete all painting on the exterior soffit and eaves, color to be approved upon on acceptance of proposal for a lump sum contract price of: $2,100.00 Kave, inc. is an insured corporation of the State of Illinois; all carpentry work by union labor. If not accepted within 30 days, this proposal may be withdrawn by Kave, inc. Please sign and return one copy to our office. Quote subject to Kave's schedule; upon acceptance a starting date will be given. Thank you for the opportunity to bid this job. Sincerely, Accepted Dave Moeller Milan Laketa Date 630 - 565 -6136 FROM INSPIRATION TO RENOAATION E r. and equipment needed to complete project E 0 U (i) c u n Total $1780 Eric S. Wlodarski Phone / Fax: (630) 257 -2250 Mobile: (708) 807 -7092 ROYAL -7 CONSTRUCTION INC. Concrete • Excavating • Foundations • Flatwork • Commercial • Residential 225 Canal Street Lemont, Illinois 60439 Licensed, Bonded, Insured - PROPOSAL — Proposal No. Sheet No. Date 8/17/04 Proposal Submitted To Work To Be Performed At Milan Laketa Name Street 111 Steven Street City Lemont State IL Phone 630 - 257 -9875 Street 111 Steven Street City Lemont State IL Dale of Plans Architect We hereby propose to furnish the materials and perform the labor necessary for the completion of Remove & Replace Concrete Steps In Rear Of Building All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of DUE ON RECEIPT Dollars ($ 1,150.00 ) with payments to be made as follows: Any alteriahon or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire. tornado and other necessary insurance upon above work. Workmen's Compensation and Public Liability Insurance on above work to be taken out by property owner. Respectfully submitted Per NOTE —This proposal may be withdrawn by us if not accepted within 30 days ACCEPTANCE OF PROPOSAL The above prices. specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature Date Signature r Ill) rUGH L. INSURED BONDED RESIDENTIAL COMMERCIAL J & L Cement Construction P.O. Box 452, Lemont, IL 60439 (708) 257 -8100 Walks • Driveways • Floors • Machinery Pads • Light Excavating Pro osal No. 1° .. 1625 Sheet No. Date .� - 75- _ y Proposal Submitted To Work To Be Performed At Name 4J /L4L/ J,I/t'c74 Street .5-4,41t Street /// S�l iil€ ✓t SI City State City i- Q 9 c' 7' Date of Plans State 1L Architect Telephone Number 1D ..15 9 '11s- We hereby propose to furnish the materials and perform the labor necessary for the completion of 4r4 . 9 . r a .g'A.4«. e f . t / C . . e r / _ . s 0 7 . 4 1 4 . s r z . .r — T, At"...owoi ,C , e-Z.04-- 7.1 k 4re /VevAy ALA. .17.sceZzs . Alf material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Dollars ($ /200 `"' )• with payments to be made as follows: h'/%.../ (-' ...,,, € 7 c/ Any alteration or deviation from above specifications involving Respectfully submitted '�"f'� �Tj ji,...,Z164- extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All ' 7• + ¢�L CF'/gL� a,14- C 0 agreements contingent upon strikes, accidents or delays beyond Per Our control. Owner to carry fire, tornado and other necessary insurance upon above work. Workmen's Compensation and Note - This proposal may be withdrawn Public Liability Insurance on above work to be taken out by 611/ 7",;x 27,C _ by us if not accepted within days ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature Date Signature AGREEMENT CREATING LIEN ON REAL ESTATE The undersigned,,rn /� %�N J j ,»E %� �I A,vi /� , owner(s) of /1/ 5 Tf �' /f L ll/' / S , 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 Dollars ($ ) on the property commonly known as /// j TF pit ..,v r , Lemont, Illinois 60439, and legally described as follows: Permanent Index Number: ,j% ,9k - - ziC H` -G ./ - C� cc' 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 res rvations. � DATED this day of 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 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 418 Main Street Lemont, Illinois 60439 (630) 257-6440