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R-51-04 07/26/2004RESOLUTION RESOLUTION APPROVING VILLAGE PARTICIPATION IN TIF BUILDING AND SITE GRANT PROGRAM FOR 44 STEPHEN STREET 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, Bruce Geraskey and Thomas G. Frantik as the property owner for the property known as 44 Stephen Street has completed the Downtown Building & Site Improvement Grant application for Village participation of said property; and WHEREAS, Village Staff has reviewed the 44 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 Ten Thousand Dollars ($10,000.00) 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 0264's Day of , 2004 Debby Blatzer Peter Coules Brian Reaves Steven Rosendahl Ronald Stapleton Jeanette Virgilio Att . t: AYES v v NAYS PASSED ABSENT . PIAZZA, Vi age P e dent Ls1sC� —� HARLENE SMOLLEN, Village Clerk VILLAGE OF LEMONT BUILDING AND SITE IMPROVEMENT GRANT PROGRAM AGREEMENT TIF DISTRICT THIS AGREEMENT, entered into this 26th day of July, 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: Bruce Geraskey and Thomas Frantik Address: 44 Stephen Street City: Lemont State: Illinois Zip Code: 60439 Name of Business: Geraskey- Frantik Partnership (All Service Auto Repair) Project Address(es) 44 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 ($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 $10,000 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 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 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. 3 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 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 4 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 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 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. 5 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 /LESSEE Program Participant Date: j.- Le-- y Property Owner Date: Form Rev. 5/00 8 Ville President Date: i'024 Village Clerk Date: 7 - 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 Lemont Historic Preservation Commission 418 Main Street Lemont, IL 60439 (630) 257 -1590 FAX 243 -0958 Certificate of Appropriateness HISTORIC PRESERVATION CERTIFICATE OF APPROPRIATENESS 04.04 No. Has Been Issued To: Tom Frantik & Bruce Geraskey, 44 Stephen Street, Lemont, IL Authorizing such construction as shown in the application plans and specifications on file with the Village of Lemont DATED 5/13/04 Address: 44 Stephen Street Date: 05/14/04 The work for which this Certificate is issued has been reviewed and approved by the Historic Preservation Commission and /or Community Development Department of the Village of Lemont, IL., in accordance with the Historic Preservation Ordinance of the Village of Lemont. Conditions: This certificate approves replacement of windows: 3 showroom windows and north window (Stephen Street) Door: 8' 4lights (frosted) over door South side: existing size, replacement /painting of knee wall installation of framing, simulated window, replacement/painting of knee wall. Vinyl clad exterior, bahama brown per sample submitted 5/13/04 4 arched lights (frosted) over 2 clear North side: Framing: This certificate is issued for: New Construction Addition Alterations Demolition Sign Other Window replacement as specified. THIS CERTIFICATE MUST BE DISPLAYED IN A CONSPICUOUS PLACE ON THE PREMISES 451 W. Fullerton Ave. Elmhurst, IL. 60126 (630) 617 - 5970 Fax ( 630) 782 - 9747 Window & Door Replacement Company, Inc. WINDOW REPLACEMENT AGREEMENT Farnily Owned & Operated Name ALL - SERVICE AUTO REPAIR - TOM FRANTIK AND BRUCE GERASKEY Address 44 STEPHEN ST. City 1 State 1 Zip LEMONT, IL 60439 Telephone - Home (630) 257 -7719 Work (630) 257 -7827 FAX Description of Work REMOVE EXISTING WINDOWS ON FRONT AND SIDES OF BUILDING AND Dnek Brovr1.- RLvrs,,�r+ REPLACE WITH MARVIN WINDOWS WITH i3AHAiv} M CLAD EXTERIOR, BARE WOOD INTERIOR, LOW E II WITH ARGON, SATIN TAUPE HARDWARE WITH FOLDING HANDLES FOR CASEMENTS AND TWO SASH LIFTS PER DOUBLE HUNG. WINDOWS FROM EIGHT OPENINGS WILL BE REPLACED WITH EXPLANATION OF EACH ON ATTACHED RIDER. RE- VISIONS WILL REMOVE ALL TRASH AND CLEAN ALL WORK AREAS. Price includes work by professional and insured installation carpenters and all necessary inside trim, caulk, insulation, lumber, installation aids, removal and haul -away of existing windows. Price does not include any painting, staining, or finishing of products. All window dressings and furniture must be removed by customer before installation will begin. Cost of permits, if necessary, will be procured and pad for by customer. Please allow 5 -7 weeks for installation. Interior Trim Specifications NONE Outside Trim Specifications 1 5116" CLAD BMC TOTAL COST .45,560.00 PAYMENT TERMS: 50% upon signing and 50% upon substantial completion of job. All unpaid balances subject 10 a 1.5% per month service charge. If customer fails to comply with the payment terms of this agreement, customer agrees to pay for all reasonable costs of collection, including attorney fees, incurred by Revisions Window & Door Replacement Company, Inc. 6- ZZ -. y Customer • r � Oate 5/162004 Revisions Win. •w Ooor ReplaCment Comp' y, Inc. Date Rider — All Service Auto Repair Windows to be replaced: 1. Picture windows with round top assemblies on front of building (3 quantity): Two -wide picture windows approximately 118" x 90" with two -wide transom above. Picture windows will be made with tempered glass. Round -top transoms will have obscured glass with 1 1/8" permanently applied Simulated Divided Lite (SDL) in 2x1 cuts. There will be a jamb depth of 14 ". There will be steel reinforcement. 2. Single picture window with transom above, northernmost on front of building (quantity 1): Picture window with tempered glass approximately 82" wide and 96" tall with single transom above. Transom will have obscured glass and SDL in a 4x1 cut. The jamb depth will be 14 ". 3. Single transom above front door with same specifications as northernmost transom. Commercial entry door will be installed in conjunction with Re- Visions installation but will be contracted separately. The jamb depth will be 14 ". 4. South side window will be approximately 82" x 80" with 40" picture window with transom. The transom will have obscured glass and 4x1 SDL. The jamb depth will be 14 ". 5. The north side of the building will have a single double hung with obscured glass on lower sash only and a 4 9/16" jamb depth. 6. The north side of the building will also have a three -wide assembly with two operating casements with a center picture window. The casements will have 7/8" SDL in 1x4 cuts. 7. There' will be mapes panels above and below the casements. Jun 07 04 03:47p don stump efiazEry ea„ feet/ 6/3/2004 6304930324 570 E. NORTH FRONTAGE RD., BOLINGBROOK, IL. 60440 (630) 972 -1600 - FAX: (630 972 -2530 PROPOSAL TO: REVISION WINDOWS & DOOR 1249 ASHLY COURT DOWNERS GROVE; ILLINOIS 60515 PHONE: FAX: CONTACT: MR. DEAN STUMP PROPOSAL SITE OF PROPOSED WORK: DOUBLE DOOR 44 STEPHANS STREET LEMONT, ILLINOIS p.1 TO FURNISH AND INSTALL: 1- EFCO ALUMINUM, DARK BRONZE, DOUBLE DOOR PACKAGE, 84" X 95 3/4" MEDIUM STILE DOOR RAILS, BUTT HINGES, STANDARD PUSH/PULL HARDWARE, SURFACE APPLIED CLOSERS, CLEAR TEMPERED DOOR LITES. L.„ u E Gaff Jhp'.■- AJ wr +do4.4) - INSTALLED: $2,600.00 ALT: (PAINTED FINISH $3,230.00) AN materials are guaranteed to be as specified and the above work to be performed and completed in a substantial workmanlike manner for the sum of: NOTE: WAIVERS WILL NOT BE FURNISHED UPFRONT. Any alterations 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 are contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance pertaining to above work. Workmens' Compensation and Public Liability Insurance on the above work to be taken out by BOLINGBROOK GLASS & MIRROR RESPECTFULLY SUBMITTED BOLINGBROOK GLASS & MIRROR r+-1\ Lj\-c w DATE OF ACCEPTANCE e-12.-. SIGNATURE OF ACCEPTANCE "SEE REVERSE SIDE FOR GENERAL CONDITIONS & GUARANTEES" NOTE: This proposal may be withdrawn by Bolingbrook Glass & Mirror if not accepted within 30 days. NN Arta O1V2I�