R-29-06 04/10/2006RESOLUTION R-9 - 06
RESOLUTION APPROVING VILLAGE PARTICIPATION IN TIF BUILDING AND
SITE GRANT PROGRAM FOR 326 MAIN 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, Aimee Podgorak as the property owner for the property known as 326 Main
Street has completed the Downtown Building & Site Improvement Grant application for Village
participation of said property; and
WHEREAS, Village Staff has reviewed the 326 Main 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 ($10,750.00) 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 /0-4' Day of i , 2006
AYES NAYS PASSED ABSENT
Debby Blatzer
Peter Coules
Brian Reaves
Cliff Miklos
Ronald Stapleton
Jeanette Virgilio
Attest:
J
4.:4_ ■-
JOHN
. PIAZZA, ilia e
..7•6d..141/.
fARLENE SMOLLEN, Village Clerk
esident
VILLAGE OF LEMONT
BUILDING AND SITE IMPROVEMENT GRANT PROGRAM
AGREEMENT
TIF DISTRICT
THIS AGREEMENT, entered into this 4th day of January , 20C 6 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: Aimee Podgorak
Address: 326 Main Street
City: Lemont
State: Illinois Zip Code: 60439
Name of Business: NAN, Inc. , d /b /a/ Aimees "'Restaurant
Project Address(es) 396 Main 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 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 $10,000.00 for
construction cost and $ 7 5n. no 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.
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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
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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
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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
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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,
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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.
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date
first appearing above.
OWNERS /LESSEE VIL G • F L . MONT
Aimee Podgorak
Program Participant
Date: January 4, 2006
Villa e President
D
ATTEST:
Aimee Podgorak Village Clerk
Property Owner
Date: January 4, 2006 Date:
Form Rev. 5 /00
8
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 W RENOVATION PLANS
EXHIBIT V CONTRACTOR'S AGREEMENT
EXHIBIT VI ARCHITECT'S AGREEMENT
EXHIBIT VII SAMPLE LIEN SIGNED AND NOTARIZED.
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lx./ RRANTY DEED
Statutory (ILLINOIS) (General)
The Grantor, Remeikis Enterprises, LLC, an Illinois limited liability company, of 9722 Hicko , Crest, Village of Palos
Hills, County of Cook, State of Illinois, for and in consideration of Ten and 00/100 ($10.0 ) Dollars, in hand paid,
CONVEYS and WARRANTS to:
Nan, Inc.
the following described Real Estate situated in the County of Cook in the State of Illinois, to t: (see reverse side for
legal description) hereby releasing and waiving all rights under and by virtue of the Homestea• Exemption Laws of the
State of Illinois subject only to the following permitted exceptions, provided none of which s 11 materially restrict the
reasonable use of the premises as a residence; (a) general real estate taxes not due and payable : t the time of closing; (b)
building lines and easements, if any, so long as it does not interfere with the current use and enj . yment of the property.
Permanent Index Numbers (PIN): 22 -20 -419- 001 -0000
22 -20 -419- 002 -0000
Address(es) or Real Estate: 365 Main St. Lemont IL 60439
711-- 'f 7 0 ‘)Ce://21-
Nijole meikis , '." 1-- '�--4'
Reme 's Enterprises, LLC
State of Illinois
ss.
County of Cook
D. TED this 2 fNov tuber, 2005.
omas Remei .: Member
Remeikis Enterprises, LLC
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO 'I 'REBY CERTIFY that
Nijole Remeikis and Thomas Remeikis, personally known to me to be the only members of R- eikis Enterprises, LLC
and personally known to me to be the same persons whose names are subscribed to the forego g instrument, appeared
before me this day in person, and acknowledged that they signed, sealed and delivered the sai instrument as their free
and voluntary act, for the uses and purposes therein set forth, including the release and waiver o the right of homestead.
Commission
OFFICIAL SEAL
xpir'XANDER R DOMANSKIS
NOTARY PUBLIC -STATE OF ILUNOIS
MY COMMISSION EXPIRES:12l07/08
A tr . lf.
d official seal, this 29y of November, 20 s 5.
�
Notary Public
exander R. Domanskis, Boodell, Domanskis & .aipe, LLC
205 N. Michigan, Suite 4307, Chicago, IL 60601
Legal Description
of the premises commonly known as: 365 Main St. Lemont IL 60439
Legal Description:
THE LAND:
LOT 1 AND THE NORTH %z OF LOT 2 IN BLOCK 3 IN TRUESDELL'S ADDITION TO
ATHENS IN THE WEST %z OF THE SOUTHEAST'' / OF SECTION 20, TOWNSHIP 37 NORTH,
RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
Mail to: Send Subsequent Tax Bills to:
James V. O'Grady Aimee Podgorak
12332 S. Cheyenne Drive 326 Main Street
Palos Hills, IL 60463 Lemont, IL 60439
AGREEMENT CREATING LIEN ON REAL ESTATE
The undersigned, Aimee Podgorak , owner(s) of
Aimees Restaurant , 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 often Thousand Seven Hundred Fifty Dollars
($ 10, 750.00 ) on the property commonly known as 126 Main Street
Lemont, Illinois 60439, and legally described as follows:
SEE LEGAL ATTACHED
Permanent Index Number: 22 -20- 419 -001 and 22 -20- 419 -002
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 4th day of January
Form Rev. 7/03
2006
(LA IL/ v
Aimee Podgorak
STATE OF ILLINOIS }
} SS:
COUNTY OF COOK }
I, the undersigned, a Notary Public in and for said oun in the State aforesaid,
DO HEREBY CERTIFY that Aimee Podgorak is
known to me to be the same person(s) whose name(s) is /are subscrib .r. 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.
This instrument was prepared by:
VILLAGE OF LEMONT
418 Main Street
Lemont, Illinois 60439
(630) 257 -6440
Notary Public
Armor Construction, Inc.
13700 McCarthy Road Telephone: (630) 243 -9901
Lemont, IL 60439 Fax: (630) 243 -9908
www.armorconstructioninc.com
March 13, 2006
Re: TIFF Funds for Aimee's Bar & Grill
326 Main Street
Lemont, IL 60439
To Whom It May Concern:
The following is a break -down of work being performed at Aimee's Bar and Grill for the
allotted TIFF money available:
➢ Glazing for New Exit $ 6,800.00
➢ New Men' s Bathroom
(Handicap accessible) $13,500.00
➢ Electrical Work to bring up to code $ 8 519.00
TOTAL AMOUNT: $28,819.00
If you have any questions, please feel free to contact us at your earliest convenience.
Respectfully,
Armor Construction, Inc.
Thomas B. Markley
VP of Sales
tomsr@armorconstructioninc.com
Daniel W, Delimata
Architect
261 Summerfield Drive
New Lenox, Illinois 60451
Tel 815 - 485 0323
Fax 815 - 4624260
December 19, 2005
Tom Markley
Armor Construction Inc.
13700 McCarthy Road
Lemont, Illinois 60439
INVOICE
INVOICE # 05 -0060
For architectural permit drawings for renovation work at 326 Main street Lemont, Illinois
Total $3000.00