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R-60-08 09/22/2008• RESOLUTION RESOLUTION APPROVING VILLAGE PARTICIPATION IN TIF BUILDING AND SITE GRANT PROGRAM FOR 306 LEMONT STREET WHEREAS, The Village of Lemont has adopted Ordinance 0- 71 -99, the Downtown Building & Site Improvement Grant Program 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 Program, the Village Board of Trustees shall consider participation in building reinvestment; and WHEREAS, Lemont Area Historical Society, owner of the property known as 306 Lemont Street, has completed the application for the Downtown Building & Site Improvement Program, 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 attached hereto in the amount of $10,000 (ten thousand dollars). SECTION 2: This Resolution shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 3: The Village Clerk of the Village of Lemont shall certify to the adoption of this Resolution and cause the same to be published in pamphlet form. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, IL on this 22 " day of September , 2008. Debby Blatzer Peter Coules Clifford Miklos Brian Reaves Ronald Stapleton Jeanette Virgilio Attest: CHARLENE SMOLLEN, Village Clerk AYES NAYS PASSED ABSENT JOHN F. P AZZA, Village resid • n v VILLAGE OF LEMONT BUILDING AND SITE IMPROVEMENT GRANT PROGRAM AGREEMENT TIF DISTRICT THIS AGREEMENT, entered into this 15 day of August , 200$, 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: Lemont .Area Historical Society Address: 306 Lemont Street City: Lemont State: Illinois Zip Code: 60439 Name of Business: sasn Project Address(es) 306 Lemont Street WITNESSETH Whereas, the VILLAGE has established a Building & Site Improvement Grant Program for application-within certain designated conunercial 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 for construction cost and $ 0 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 infu nishing 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 (l0) 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 attomeys 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 suins 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 ram Participant 8• I� -o8 Property Owner Date: Form Rev. 5 /00 8 VILLAG OF L . ONT Vi age President e: ATTEST 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 AGREEMENT CREATING LIEN ON REAL ESTATE The undersigned, Lemont Area Historical Society , owner(s) of 306 Lemont Street , 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 510.000 Dollars ($ ) on the property commonly known as 306 Lemont Street Lemont, Illinois 60439, and legally described as follows: Permanent Index Number: 22 -20- 315 -006 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 resehvations. DATED this 15th day of August . 2008 Fonn Rev. 7/03 STATE OF ILLINOIS } } SS: COUNTY OF COOK } I, the undersigned, a Notary Public in and for_is aid County, in the State aforesaid, DO HEREBY CERTIFY that JDatini,,12- rick, 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 OFFICIAL SEAL ROSEMAY YATES NOTARY FU UC, STATE OF I LN CIS MY COMMISSION EInINES 1.131112 This instrument was prepared by: VILLAGE OF LEMONT 418 Main Street Lemont, Illinois 60439 (630) 257-6440 LOBAS CONSTRUCTION, INC. 11215 Dineff Rd, Lemont, IL 60439 (630) 243 -0969 (630) 243 -1006 fax April 30, 2008 Lemont Area Historical Society 306 Lemont Street Lemont, IL 60439 PROPOSAL Proposal Accepted by Lemont Area His orical Society June 2,2008 Subject: Steeple Restoration, (above address) Dear Society Members, e Pick, President Thank you for the opportunity to present this proposal to complete restoration of the steeple on the Lemont Area Historical Society building listed above. The following is a detail of the work to be completed, and the repairs detailed in this proposal. Section I: Repairs to be completed. A. Remove metal flashing around base of steeple, determine source of water infiltration to the interior of the building, remove deficient roofing material from the interior of the steeple and replace with "live" membrane, flashing material and roof coating as required. B. Inspect wood materials of steeple base, remove and replace any rotted material as ny. C. Re -flash interior and exterior of steeple base with newly fabricated flashing material (set in mastic). D. Power wash entire steeple to remove all unstable paint and primer. E. Prime entire steeple with one coat of latex primer material F. Apply two coats of latex paint with color chosen by Historical Society Section II: Exclusions A. Replacement of cedar shake shingles on steeple B. Building interior renovation or repair C. Repair or replacement of roof shingles not associated with steeple repair D. Any permits that may be required for the renovation LOBAS CONSTRUCTION, INC. Section III: Miscellaneous A. General Contractor will provide a certificate of insurance to the Historical Society verifying liability coverage in the amount of $ 1,000,000.00 B. Any additional work beyond the scope of this proposal shall be by written change order issued by the Historical Society, and the cost of such additional work shall be agreed upon prior to the commencement of such work. C. This proposal shall expire in 30 days from the date hereof if not previously accepted by the Lemont Area Historical Society. Section IV: Proposal The work described above shall be completed in a craftsman -like manor, all material and labor provided. Material and Labor for all work herein described S35,000.00 Sincerely, Lobes Construction, Inc. President LEW HISTDRICAL/PROCEEDS Remitter PAYTOTHE 'APS „.**025,0e1N*0* CIEMERC)F cartititiO600-4—ch E oti,4.044 1229 St= Street Lemon, IL 60439 (63O)2574 900 8207 70-28111719 LOAN DEPARTMENT CHECK 0008 20 7e 1:0719 26 1131:0 /693 LOO 250 10 Required DOLLARS Wee