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R-59-08 09/22/2008RESOLUTION RESOLUTION APPROVING VILLAGE PARTICIPATION IN TIF BUILDING AND SITE GRANT AND SIGN GRANT PROGRAMS FOR 206 MAIN STREET WHEREAS, The Village of Lemont has adopted Ordinance 0- 71 -99, the Downtown Building & Site Improvement Grant and Sign Grant Programs to provide incentives for building reinvestment within the Village of Lemont's Tax Increment Financing District; and WHEREAS, in accordance with the Downtown Building & Site Improvement Grant and Sign Grant Programs, the Village Board of Trustees shall consider participation in building reinvestment; and WHEREAS, Daniel Farnesi, DB Avalon Development, Inc., owner of the property known as 206 Main Street, has completed the applications for the Downtown Building & Site Improvement Grant and the Sign Grant programs, requesting reimbursement of eligible upgrades to the property; and WHEREAS, Village Staff has reviewed the application for compliance with the Grant guidelines and has recommended approval of the request. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Lemont as follows: SECTION 1: That the Village President is hereby authorized to execute the Building and Site Grant Agreement and Sign Grant Agreement attached hereto in the amount of $10,750 (ten thousand seven hundred and fifty dollars). SECTION 2: This Resolution shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 3: The Village Clerk of the Village of Lemont shall certify to the adoption of this Resolution and cause the same to be published in pamphlet form. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, IL on this 22nd day of September , 2008. Debby Blatzer Peter Coules Clifford Miklos Brian Reaves Ronald Stapleton Jeanette Virgilio ENE SMOLLEN, Village Clerk AYES NAYS PASSED ABSENT V ... I4 JOHN F. P IC ZA, Village ' resid n VILLAGE OF LEMONT BUILDING AND SITE IMPROVEMENT GRANT PROGRAM AGREEMENT TIF DISTRICT THIS AGREEMENT, entered into this 30 day of 4i0,000 , 200g between the Village of Lemont, Illinois (hereinafter referred to as the "Village ") and the following designated OWNER/LESSEE, to wit: � nr- Owner's/Lessee's Name: f� Address. - °t fA4 (P City: Lemont State: Illinois Zip C de: 60439 Re:_e_e_, Name of Business: T (3 ALL25 ! Project Address(es) 2-C76, Y1&4 11- WITNESSETH Whereas, the VILLAGE has established a Building & Site Improvement Grant Program for application within certain designated commercial rehabilitation areas of the VILLAGE known as the Tax Increment Financing District; and Whereas, said Building & Site Improvement Grant Program is administered by the VILLAGE and is funded from District Revenues for purposes of control and prevention of blight, dilapidation and deterioration of designated areas within the District, and Whereas, pursuant to said Program the VILLAGE has agreed to participate, subject to its sole discretion, in sharing the cost of Building & Site Improvements to commercial establishments within the District up to a maximum of one -half (1/2) of the approved contract cost of such improvement but in no event shall the total Village participation exceed Ten Thousand Dollars Seven Hundred Fifty Dollars ($10,750.00) for construction and architectural cost with $750.00 of that amount reserved for sign improvements only. Architectural fees shall be limited to a One Thousand Dollars ($1,000.00) reimbursement; and Whereas, the OWNER's /LESSEE's property is located within the Tax Increment Financing District /Downtown, a designated rehabilitation area, and the OWNER/LESSEE desires to participate in the Building and Site Improvement Grant Program pursuant to the terms and provisions of this agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreement obtained herein, the VILLAGE and OWNER/LESSEE do hereby agree as follows: SECTION 1: COST SHARING - The VILLAGE shall share in the building and site improvement cost and architect fee cost for the OWNER's/LESSEE's property up to fifty percent (50 %), up to a maximum amount not exceeding Ten Thousand Seven Hundred Fifty Dollars ($10,750.00) for construction and architectural cost with $750.00 reserved for sign improvements. Architectural reimbursement shall be One Thousand Dollars ($1,000.00) . The actual amount per this agreement shall not exceed $ for construction cost and $ for architect fees. The building and site improvement /historic preservation costs which are eligible for VILLAGE participation include all labor, materials, equipment and other contract items necessary for the proper execution and completion of the work as designated from the design drawings approved by the VILLAGE. Said design drawings and specifications are attached hereto as Exhibit IV. 2 SECTION 2: DESIGN APPROVAL - No building and site improvement or historic preservation work shall be undertaken until the design therefore has been submitted to and approved by the Village. Following approval, the OWNER/LESSEE shall contract for the work and shall commence and complete all such work within one hundred eighty (180) days from the date of such approval. SECTION 3: REVIEW OF PROJECT - The Economic Development Coordinator shall periodically review the progress of the contractor's work on the building and site improvement and historic preservation pursuant to this Agreement. Such inspections shall not replace any required permit inspection by Village Inspectors. All work which is not in conformance with the approved drawings and specifications shall be immediately remedied by the OWNER/LESSEE and deficient or improper work shall be replaced and made to comply with the approved drawings, specifications, and terms of this Agreement. SECTION 4: DOCUMENTATION REOUIREMENTS - Upon completion of the building and site improvement/historic preservation and upon its final inspection and approval by the Building Department, the OWNER/LESSEE shall submit to the VILLAGE a properly executed and notarized contractor statement and architect fee statement showing the full cost of the work as well as each separate component amount due to the contractor and each and every subcontractor involved in furnishing labor, materials, or equipment in the work. In addition, the OWNER/LESSEE shall submit to the VILLAGE proof' of payment of the contract cost pursuant to the contractor's and architect's statements. The VILLAGE shall, within thirty (30) days of receipt of the contractor's statement and proof of payment issue a check to the OWNER/LESSEE in payment of: one -half of the approved cost or Ten Thousand Seven Hundred Fifty Dollars ($10,750.00) whichever is less. In no case shall the amount paid to the OWNER/LESSEE exceed the amount specified in this Agreement or in the contractor's or architect's statements. At the time of reimbursement and throughout the term of this agreement, the land use and signage under 3 the control of the OWNER/LESSEE shall be in conformance with zoning and sign code provisions. SECTION 5: FAILURE TO COMPLETE WORK - If the OWNER/LESSEE or his contractor fail to complete the building and site improvement/historic preservation work provided for herein in conformity with the plans, specifications and all terms of this Agreement, the Agreement shall terminate and the financial obligation on the part of the VILLAGE shall cease and become null and void. SECTION 6: ELIGIBLE IMPROVEMENT WORK - Installation, repair and replacement of exit doors and hardware; repair, replacement or addition of exterior shutters and awnings /canopies; repair, replacement or purchase of signs when done as part of an overall building and site improvement grant; repair and replacement or installation of exterior stairs, porches, railings and exit facilities; repair and rebuilding of exterior walls, including cleaning, sealing, tuck pointing and painting; repair of window frames, sills, glazing, replacement of glass and installation of new windows; asphalt paving for existing gravel parking lots (does not apply to new development parking lots, repaving - resurfacing of parking lots or expansion of existing parking lots); replacement of retaining walls, electrical wiring upgrades, interior sprinkler systems, fire alarm systems, elevators, interior sub floor, ceiling improvements, plumbing and improvements to meet ADA requirements. SECTION 7: FILING OF LIEN/MAINTENANCE OF IMPROVEMENT - Upon completion of the building and site improvement work pursuant to this Agreement and for a period of three (3) years thereafter, the OWNER/LESSEE shall be responsible for properly maintaining such building and site improvement/historic preservation in its finished form and without change or alteration thereto, as provided in this Agreement, and for the said period of three (3) years following completion of the construction thereof, the OWNER/LESSEE shall not enter into any Agreement or contract or take any other steps to alter, change or remove such improvement, or the approved design thereof, nor shall 4 OWNER/LESSEE undertake any other changes, by contract or otherwise, to the improvement provided for in this Agreement unless such changes are first submitted to the Economic Development Coordinator, and any additional review body or commission for approval; which approval shall not be unreasonably withheld if the proposed changes do not substantially alter the original design concept of the building and site improvements as specified in the drawings and plans approved pursuant to this Agreement. In addition to this section, a lien on the OWNER/LESSEE property shall be filed prior to the final payout of the program reimbursement. SECTION 8: UNRELATED IMPROVEMENTS - Nothing herein is intended to limit, restrict or prohibit the OWNER/LESSEE from undertaking any other work in or about the subject premises which is unrelated to the building and site improvement provided for in this Agreement. SECTION 9: AGREEMENT APPLICABLE TO FUTURE OWNERS - This Agreement shall be binding upon the VILLAGE OF LEMONT and upon the OWNER/LESSEE and its successors, to said property for a period of three (3) years from and after the date of completion and approval of the facade improvement provided for herein. It shall be the responsibility of the OWNER/LESSEE to inform subsequent OWNER(s)/LESSEE(s) of Section 7 of this Agreement. SECTION 10:, MAXIMUM GRANT AWARDS - Nothing in this Agreement shall prohibit a business or property owner from applying for more than one Grant. However, a Ten Thousand Seven Hundred Fifty Dollars ($10,750.00) total limitation shall apply to all Sign Grants, Building and Site Grants or Interest Rate Program Awards made to a single building and/or lot within any three (3) year period. For the purpose of calculating the three (3) year period, the date of the last Village payment shall be considered the start of 5 the three (3) year period. No grant may be utilized for the same or similar building contract work, within a ten (10) year period of the last Village payment. SECTION 11: VILLAGE INDEMNIFICATION REGARDING CONSTRUCTION The owners of the subject property agree to defend and hold harmless the Village from any and all claims which may arise out of said owners' construction activities under this Agreement. SECTION 12: GENERAL INDEMNIFICATION - In the event that, as a result of this Agreement, or actions taken as required hereunder, the Village is made a party defendant in any litigation arising by reason of this Agreement, and development activities contemplated hereunder, the owners agree to defend and hold harmless the Village, the mayor, trustees, officers and agents thereof, individually and collectively, from any suits and from any claims, demands, setoff or other action including but not limited to judgments arising therefrom. The obligation of the owners hereunder shall include and extend to payment of reasonable attorneys' fees for the representation of the Village and its said officers and agents in such litigation and includes expenses, court costs and fees; it being understood that the owners where there shall be no applicable standards provided therein, shall have the right to employ all such attorneys to represent the Village and its officers and agents in such litigation, subject to the approval of the corporate authorities of the Village, which approval shall not be unreasonably withheld. The owners shall have the right to appeal to courts of appellate jurisdiction any judgment taken against the Village or its officers or agents in this respect, and the Village shall join in any such appeal taken by the owners. SECTION 13: PERFORMANCE OF AGREEMENT - It is agreed that the parties hereto may in law or in equity, by suit, action, mandamus, or any other proceeding, including specific performance, enforce or compel the performance of this Agreement, 6 which shall include the right of the parties to recover a judgment for monetary damages against each other, provided, however, that the owners shall not have a right to recover a judgment for monetary damages against any elected or appointed official of the Village for any breach of any of the terrns 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. OWNA/LSSEE (. Program Participant 16'4 Lti51 Date: Property Owner Date: Form Rev. 5/00 e".7 _ 0€ VILL GE OF LE ONT 4 I">��. Villa _ e President Dat ATTEST: Village Clerk EXHIBIT I EXHIBIT II EXHIBITS PROOF OF OWNERSHIP IN FORM OF DEED OR TITLE INSURANCE POLICY (TAX BILL IS NOT ACCEPTABLE). IF LEASING THE PROPERTY, AN EXECUTED LEASE IS REQUIRED. ALSO A COPY OF PROOF OF OWNERSHIP FROM THE BUILDING OWNER IN THE FORM OF A DEED OR TITLE INSURANCE POLICY. EXHIBIT III COPY OF APPLICATION EXHIBIT IV RENOVATION PLANS EXHIBIT V CONTRACTOR'S AGREEMENT EXHIBIT VI ARCHITECT'S AGREEMENT EXHIBIT VII SAMPLE LIEN SIGNED AND NOTARIZED. 9 AGREEMENT CREATING LIEN ON REAL ESTATE The undersigned, ' A+ Pte-- ( , owner(s) of , Lemont, Illinois, having applied for Building & Site Improvement Grant Program from the Village of Lemont through TIF Financing District does hereby grant a lien to the Village of Lemont, a Municipal Corporation, in the amount of ($ 10 000 ) on the property commonly known as 7-6 4- / Lemont, Illinois 60439, and legally described as follows: Permanent Index Number: Z 2 - 2p -312_-0O2.- L ova - _n 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 /61 day of t. , 2 - 6,I& 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 j\c_,>;,� L.es 4-c 2 f ales i 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 ublic "OFFICIAL SEAL„ EVELYN FAIRCLOTH Notary Public, State of Illinois My Commission Expires 05/0917009 <' This instrument was prepared by: VILLAGE OF LEMONT 418 Main Street Lemont, Illinois 60439 (630) 257-6440 SPECIAL WARRANTY DEEL The Grantor, COREGAN GROUP, L.L.C., an Illinois limited liability company, with its principal place of business in Lemont, Illinois, for and in consideration of Ten and No /100 Dollars ($10.00) and other good and valuable consideration in hand paid, does REMISE, RELEASE, ALIEN AND CONVEY to DB AVALON DEVELOPMENT, INC., an Illinois corporation, the Grantee, having a principal place of business in Lemont, Illinois, the following described property situated in the County of Cook in the State of Illinois, to wit (the "Property"): SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF FOR LEGAL DESCRIPTION Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion or reversions, remainder or remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim or demand whatsoever, of Grantor, either in law or equity of, in and to the Property. And Grantor, for itself and its successors, does covenant, promise and agree with Grantee and its successors, that Grantor has not done or suffered to be done, anything whereby the Property hereby granted is, or may be, in any manner encumbered or charged, except as herein recited; and that Grantor WILL WARRANT AND DEFEND the Property against all persons lawfully claiming, or to claim same, by, through or under it, subject only to the exceptions set forth in Exhibit B attached hereto and made a part hereof. DATED this 29th day of August, 2007. Coregan Group, L.L.C., an Illinois limited liability company By: Randal f j Zahora, dent (SEAL) State of Illinois, County of Cook, SS. I, the undersigned, a Notary Public in and for said IMPRESS County, in the State aforesaid, DO HEREBY CERTIFY that Randal I,Zahora, personally SEAL known to me to be the President of Coregan Group, L.L.C., whose name is subscribed to HERE the foregoing instrument, appeared before me this day in person, and acknowledged that such person signed, sealed and delivered said instrument as such person's free and voluntary act and as the free and voluntary act of said limited liability company, for the uses and purposes therein set forth. Given under my hand and official seal this aoroN Commission expires ©-f I 10 , 20V9 / c �irv`9 day of August, 200 lic This instrument was prepared by: Darrin S. Haim, GOLAN & CHRISTIE LLP, 70 West Madison St., Ste. 1500, Chicago, IL 60602 (°/4 -, /7417)e) -- 1.7410 ca L..14 ,t/ //7 5✓ir 44, J7 Co �1 Please send a recorded copy of this instrument to: Send Subsequent Tax Bills to: (00073458.DOC /) o /14r1 J.7. Lei- no -1r, LL !0'0`'j7 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY LOTS 17 AND 18 AND THE EASTERLY 4.00 FEET OF LOT 19 IN BLOCK 3 IN THE VILLAGE OF LEMONT, A SUBDIVISION IN SECTION 20, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PERMANENT INDEX NUMBERS: 22 -20- 312- 002 -0000 22 -20- 312 - 003 -0000 22- 20- 312 -026 -0000 ADDRESS OF PROPERTY: 206 Main Street Lemont, Illinois 60439 {00073458.DOC /} EXHIBIT B PERMITTED EXCEPTIONS 1. GENERAL REAL ESTATE TAXES IN RESPECT OF THE PROPERTY WHICH ARE NOT DUE AND OWING. 2. ACTS DONE OR SUFFERED BY, OR JUDGMENTS AGAINST PURCHASER OR ANY PARTY CLAIMING BY, THROUGH OR UNDER GRANTEE. 3. POSSIBLE EASEMENT FOR PUBLIC UTILE LES BY VIRTUE OF OVERHEAD WIRE, AS DISCLOSED BY SURVEY DATED MAY 26, 2004 MADE BY SCHOMIG LAND SURVEYORS, LTD. PLAT NO. 041414. 4. ENCROACHMENT OF BUILDING ON PROPERTY EAST AND OF ADJOINING OVER EAST LINE ONTO THE LAND BY 0.23 OF A FOOT, AS DISCLOSED BY SUVEY MADE BY SCHOMIG LAND SURVEYORS, LTD. PLAT NO. 041414 DATED MAY 26, 2004. 5. ENCROACHMENT OF BUILDING OVER SOUTH LINE BY 1.62 FEET TO 1.94 FEET, AS DISCLOSED BY SURVEY MADE BY SCHOMIG LAND SURVEYORS, LTD. PLAT NO. 041414 DATED MAY 26, 2004. (00073458.DOC 1) k 2131VM + 213M3S IoM a 11S ZO 3 § CO _ -w ldtaaa i uo ana ana a)uele8 / 8 s;lpa.o/s;uauuted 8 8 0 \ 8 § 880 8 888 k E t —1 § § / § $ 8 888 8 3 k a / 4* 017£E-1781' (S18) � 1 09E£-PP96 (S18) JAM CONSTRUCTION of IL.,LLC = 0.. 2008 12:55PM HP LASERJET FAX ggriql Vegs thr[7. igg ivi �aI J1I le VILLAGE OF LEMONT PRIVATE SIGNAGE IMPROVEMENT PROGRAM AGREEMENT TIF DISTRICT THIS AGREEMENT, entered into this [( day of 475-6 .5.0% Spur aetA , 214, between the Village of Lemont, Illinois (hereinafter referred to as the "Village ") and the following designated OWNER/LESSEE, to wit: j Owner's/Lessee's Name: I� A VA -tee L-V64-elPiAle.407-1 (jl Name of Business: (t4 (b 991- 4E- t,,4.d-e— City: 11..% i State: L 1-- Zip Code: ki011. Address: WITNESSETH Whereas, the VILLAGE has established a Private Signage Improvement Program for application within certain designated commercial rehabilitation areas of the VILLAGE known as the Tax Increment Financing District; and Whereas, said Private Signage Improvement Program is administered by the VILLAGE and is funded from District Revenues for purposes of control and prevention of blight, dilapidation and deterioration of designated areas within the District, and Whereas, pursuant to said Program the VILLAGE has agreed to participate, subject to its sole discretion, in sharing the cost of Signage Improvements to commercial establishments within the District up to a maximum of one -half (1/2) of the approved contract cost of such improvement but in no event shall the total Village participation exceed Seven Hundred Fifty Dollars ($750.00) per sign for sign design and sign procurement; and Whereas, the OWNER's /LESSEE's property is located within the Tax Increment Financing District/Downtown, a designated rehabilitation area, and the OWNER/LESSEE desires to participate in the Private Signage Improvement Program pursuant to the terms and provisions of this agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreement obtained herein, the VILLAGE and OWNER/LESSEE do hereby agree as follows: SECTION 1: COST SHARING - The VILLAGE shall share in the signage design and procurement costs for the OWNER's/LESSEE's property up to fifty percent (50 %), up to a maximum amount not exceeding Seven Hundred Fifty Dollars ($750.00) per sign. The actual amount per this agreement shall not exceed $ . The signage design 2 and procurement costs which are eligible for VILLAGE participation include all labor, materials, equipment and other contract items necessary for the proper execution and completion of the work as designated from the design drawings approved by the VILLAGE. Said design drawings and specifications are attached hereto as Exhibit IV. SECTION 2: DESIGN APPROVAL - No private signage work shall be undertaken until the following is completed: • The application has been completed and approved by the Village; • The design therefore has been submitted to and approved by the Building Department/Community Development Department for code compliance; • The Village has determined the proposal meets the intent of the Downtown Sign Ordinance; • The sign is being installed by an accredited, licensed sign professional; No Application shall be processed or approved in cases when non - conforming signs exist on the building; unless the conflict has been resolved prior to the approval. No private signage work shall be undertaken until the design therefore has been submitted to and approved by the Building Department. Following approval, the OWNER/LESSEE shall contract for the work and shall commence and complete all such work within one hundred eighty (180) days from the date of such approval. 3 Following approval, the OWNER/LESSEE shall contract for the work and shall commence and complete all such work within one hundred eighty (180) days from the date of such approval. SECTION 3: REVIEW OF PROJECT - The Economic Development Coordinator shall periodically review the progress of the contractor's work on the signage pursuant to this Agreement. Such inspections shall not replace any required permit inspection by Village Inspectors. All work which is not in conformance with the approved drawings and specifications shall be immediately remedied by the OWNER/LESSEE and deficient or improper work shall be replaced and made to comply with the approved drawings, specifications, and terms of this Agreement. SECTION 4: DOCUMENTATION REOUIREMENTS - Upon completion of the signage improvement and upon its final inspection and approval by the Building Department, the OWNER/LESSEE shall submit to the VILLAGE a properly executed and notarized contractor statement showing the full cost of the work as well as each separate component amount due to the contractor and each and every subcontractor involved in furnishing labor, materials, or equipment in the work. In addition, the OWNER/LESSEE shall submit to the VILLAGE proof of payment of the contract cost pursuant to the contractor's statements. The VILLAGE shall, within thirty (30) days of receipt of the contractor's statement and proof of payment issue a check to the OWNER/LESSEE in payment of one -half of the approved cost or Seven Hundred Fifty Dollars ($750) whichever 4 is less. In no case shall the amount paid to the OWNER/LESSEE exceed the amount specified in this Agreement or in the contractor's statements. At time of reimbursement and throughout the term of this agreement, all signage under the control of the OWNER/LESSEE shall be in conformance with Village sign code provisions. SECTION 5: FAILURE TO COMPLETE WORK - If the OWNER/LESSEE or his contractor fail to complete the signage improvement work provided for herein in conformity with the plans, specifications and terms of this Agreement, the Agreement shall terminate and the financial obligation on the part of the VILLAGE shall cease and become null and void. SECTION 6: MAINTENANCE OF IMPROVEMENTS - Upon completion of the signage improvement work pursuant to this Agreement and for a period of three (3) years thereafter, the OWNER/LESSEE shall be responsible for properly maintaining such signage improvement in its fmished form and without change or alteration thereto, as provided in this Agreement, and for the said period of three (3) years following completion of the construction thereof, the OWNER/LESSEE shall not enter into any Agreement or contract or take any other steps to alter, change or remove such signage, or the approved design thereof, nor shall OWNER/LESSEE undertake any other changes, by contract or otherwise, to the improvement provided for in this Agreement unless such changes are first submitted to the Economic Development Coordinator, and any additional review body or commission designated for approval; which approval shall not be unreasonably with held if 5 the proposed changes do not substantially alter the original design concept of the signage as specified in the drawings and plans approved pursuant to this Agreement. SECTION 7: UNRELATED IMPROVEMENT - Nothing herein is intended to limit, restrict or prohibit the OWNER/LESSEE from undertaking any other work in or about the subject premises which is unrelated to the signage improvement provided for in this Agreement. SECTION 8: AGREEMENT APPLICABLE TO FUTURE OWNERS - This Agreement shall be binding upon the VILLAGE OF LEMONT and upon the OWNER/LESSEE, to said property for a period of three (3) years from and after the date of completion and approval of the signage improvement provided for herein. It shall be the responsibility of the OWNER/LESSEE to inform subsequent OWNER(s) /LESSEE(s) of Section 6 of this Agreement. SECTION 9. MAXIMUM GRANT AWARDS - Nothing in this Agreement shall prohibit a business property owner from applying for more than one Grant. However, a Ten Thousand Seven Hundred Fifty Dollar ($10,750.00) limitation shall apply to all Sign Grants, Building and Site Improvement Grants, or Interest Rate Program Awards made to a single building and/or lot within any three (3) year period. For the purpose of calculating the three (3) year period, the date of the last Village payment shall be considered the start of the three (3) year period. 6 SECTION 10: CONSTRUCTION INDEMNIFICATION - The owners of the subject property agree to defend and hold harmless the Village from any and all claims which may arise out of said owners' construction activities under this Agreement. SECTION 11: GENERAL INDEMNIFICATION - In the event that, as a result of this Agreement, or actions taken as required hereunder, the Village is made a party defendant in any litigation arising by reason of this Agreement, or the construction and development activities contemplated hereunder, the owners agree to defend and hold harmless the Village, the mayor, trustees, officers and agents thereof, individually and collectively, from any suits and from any claims, demands, setoff or other action including but not limited to judgments arising therefrom. The obligation of the owners hereunder shall include and extend to payment of reasonable attorneys' fees for the representation of the Village and its said officers and agents in such litigation and includes expenses, court costs and fees; it being understood that the owners where there shall be no applicable standards provided therein, shall have the right to employ all such attorneys to represent the Village and its officers and agents in such litigation, subject to the approval of the corporate authorities of the Village, which approval shall not be unreasonably withheld. The owners shall have the right to appeal to courts of appellate jurisdiction any judgment taken against the Village or its officers or agents in this respect, and the Village shall join in any such appeal taken by the owners. 7 SECTION 12: PERFORMANCE OF AGREEMENT - It is agreed that the parties hereto may in law or in equity, by suit, action, mandamus, or any other proceeding, including specific performance, enforce or compel the performance of this Agreement, which shall include the right of the parties to recover a judgment for monetary damages against each other, provided, however, that the owners shall not have a right to recover a judgment for monetary damages against any elected or appointed official of the Village for any breach of any of the terms of this Agreement. The Village reserves the right to maintain an action to recover damages or any sums which owners have agreed to pay pursuant to this Agreement and which have become due and remained unpaid. SECTION 13: EXHIBITS - It is agreed that exhibits I through V shall be considered part of this agreement. SECTION 14: DISPLAY OF VILLAGE FUNDING PROMOTIONAL MATERIAL - All program participants shall be required to prominently display a poster identifying the property as receiving Village funding. The sign will be provided by the Village and shall be displayed from the date the application is approved, to no less than thirty (30) days after final approval and reimbursement is made. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date first appearing above. 8 OWNERS/LESSEE Program Participant ,1 ) 1 �4I 5 / DATE: �._` -16 D VILLAGE OF LEMONT Property Owneerr A C DATE: 6 -/Z-1)42 Rev. 03/03 9 ATTEST: DATE: Village Clerk EXHIBITS EXHIBIT I PROOF OF OWNERSHIP EXHIBIT II EXECUTED LEASE EXHIBIT III COPY OF APPLICATION EXHIBIT IV SIGNAGE PLANS EXHIBIT V CONTRACTOR'S AGREEMENT 10 SPECIAL WARRANTY DEEL The Grantor, COREGAN GROUP, L.L.C., an Illinois limited liability company, with its principal place of business in Lemont, Illinois, for and in consideration of Ten and No /100 Dollars ($10.00) and other good and valuable consideration in hand paid, does REMISE, RELEASE, ALIEN AND CONVEY to DE AVALON DEVELOPMENT, INC., an Illinois corporation, the Grantee, having a principal place of business in Lemont, Illinois, the following described property situated in the County of Cook in the State of Illinois, to wit (the "Property"): SEE EXHIBIT A ATTACFIED HERETO AND MADE A PART HEREOF FOR LEGAL DESCRIPTION Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion or reversions, remainder or remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim or demand whatsoever, of Grantor, either in law or equity of, in and to the Property. And Grantor, for itself and its successors, does covenant, promise and agree with Grantee and its successors, that Grantor has not done ar suffered to be done, anything whereby the Property hereby granted is, or maybe, in any manner encumbered or charged, except as herein recited; and that Grantor WILL WARRANT AND DEFEND the Property against all persons lawfully claiming, or to claim seine, by, through or under it, subject only to the exceptions set forth in Exhibit B attached hereto and made a part hereof. DATED this 29th day of August, 2007. Coregan Group, L.LC., an Illinois limited liability company By: �� -` r , (SEAL) Randal A Zahora, dent State of Illinois, County of Cook, SS. I, the undersigned, a Notary Public in and for said IMPRESS County, in the State aforesaid, DO HEREBY CERTIFY that Randal A; Zahora, personally SEAL known to me to be the President of Coregan Group, L.L.C., whose name is subscribed to HERE the foregoing instrument, appeared before me this day in person, and acknowledged that such person signed, sealed and delivered said instrument as such person's free and voluntary act and as the free and voluntary act of said limited liability company, for the uses and purposes therein set forth. Given under my hand and official seal this al- 0N Commission expires 0 Lit / 1 O , 20P This instrument was prepared by: Darrin S. Balm, GOLAN & CHRISTIE LLP, 70 West Madison St., Ste. 1500, Chicago, pIL�60602 / "-7 L, £ Please send a recorded copy of this instrument �to; 4/���Ak''�> �d/� � k°` � f�/p1a f � �''� (� 0 R // v.Vr/ D,d.✓ziff)f, 7 2:-„, :l ✓JY' �1 � Ji- CU.-- .t1 -, J; . t: e• -�o i r, .iL 4'd y i Send Subsequent Tax Bills to: 100073458.DOC rl EXHIBIT A LEGAL DESCRIPTION OF PROPERTY LOTS 17 AND 18 AND TBB EASTERLY 4.00 FEET OF LOT 19 IN BLOCK 3 IN THE VILLAGE OF LEMONT, A SUBDIVISION IN SECTION 20, TOWNSHIP 37 NORTH, RANGE 11, EAST OF niE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PERIVIANEN'2 INDEX NUTM-BERS: 22 -20- 312 - 002 -0000 22 -20- 312 - 003 -0000 22- 20- 312 -026 -0000 ADDRESS OF PROPERTY: 206 Main Street Lemont, Illinois 60439 (00073458.DOC 1) EXHIBIT B PERIVILL LLD EXCEPTIONS 1. GENERAL REAL ESTATE TAXES IN RESPECT OF THE PROPERTY WHICH ARE NOT DUB AND OWING. 2. ACTS DONE OR S BY, OR JUDGMENTS AGAINST PURCHASER OR ANY PARTY CLAIMING BY, THROUGH OR UNDER GRANTEE. 3. POSSIBLE EASEMENT FOR PUBLIC UTIL1I ES BY VIRTUE OF OVERHEAD WIRE, AS DISCLOSED BY SURVEY DATED MAY 26, 2004 MADE BY SCHOMIG LAND SURVEYORS, LTD. PLAT NO. 041414. 4. ENCROACHMENT OF BUILDING ON PROPERTY EAST AND OF ADJOINING OVER EAST LINE ONTO THE LAND BY 0.23 OF A FOOT, AS DISCLOSED BY SUVEY MADE BY SCHOMIG LAND SURVEYORS, LTD. PLAT NO. 041414 DATED MAY 26, 2004. 5. ENCROACHMENT OF BUILDING OVER SOUTH LINE BY 1.62 FEET TO 1.94 FEET, AS DISCLOSED BY SURVEY MADE BY SCHOMIG LAND SURVEYORS, LTD. PLAT NO. 041414 DATED MAY 26, 2004. (00073458.DOC /I Extended Price' s WHERE THE WORLD GOES FOR SIGNS Email dan@betheDlace.com Phone (630) 728-6131 Fax S O L D T 0 HISMUS001 his Must Be The Place 206 Main St Lemont, IL 60439- USA Item ID Gtv Ordered' Sign A Rama Mokena IL 11400 Lincoln Hwy, Suite #104 Mokena, IL, 60448- USA Phone: (815)-806-8585 Fax: (815) -806 -9164 www.signarama.com/60448 mokena@signarama.com Page 1 of 3 QUOTE 001728 Quote Date 9/4 /2008 SalesRep ACM Terms Code 50% Deposit Reg Phone (630) 728-6131 Fax s P T O' This Must Be The Place 206 Main St Lemont, IL 60439- USA Unit of Measure ALUMALITE 6 MM 1 Each • The unit price $881.54 is a 5% discount off the Iist price $927.94. ALUMALITE 6 MM - City:1 Side of Building This Must Be The Place Sides: 1 Height: 7 Ft 0 In Length: 10 Ft 0 In Full color: EcoSol Vinyl Copy: Logo 10x7' Private Party Room 10 " high 630-243-1500 10" high ENHANCEMENTS: 1.Coid Lamination-Gloss; qty: 70 Unit Price 1881.54 $881.54 ALUMALITE 6 MM The unit price $402.89 Is a 5% discount off the list price $424.2. ALUMALITE 6 MM - Qty:1 Side of building Prosperity Sides:1 Height: 4 Ft 0 In Length: 8 Ft 0 In Full color: Ecosol vinyl CoPy: Proeperfly Logo ENHANCEMENTS: 1.Coid termination -Gloss; qty: 32 1 Each $402.99 $402.99 Light Box 1 ea $467.28 Light box for changeable letter marquee Pre-peter ed - 6-1/2" deep x 48" x 96" rigid face, back sledded, raceway covers. Slide face to service lamps. Lamptq dlrectlon horlaontaL PrepaMed dark quaker bronze-primer topcoat $467.28 Pronto Letters Taxable NonTaxable $6,285.70 $450.00 1 set SalesTax $471.43 Freight $0.00 $410.00 $410.00 Misc OrderTotal $0.00 $7,207.13 WHERE THE WORLD GOES FOR SIGNS EmaN dant)betheolace.com Phone (630) 728-6131 Fax T O L D T 0 THISMUS001 This Must Be The Place 206 Main St Lemont, IL 60439- USA Item ID otv ordereal Sign A Rama Mokena IL 11400 Lincoln Hwy, Suite #104 Mokena, IL, 60448- USA Phone: (815) -606 -8585 Fax: (815)-806-9164 www.signarama.com /60448 mokena@signarama.com Page 2 of 3 QUOTE 001728 Quote Date 9/4/2008 SalesRep ACM Terms Code 50% Deposit Req Phone (630) 728-6131 Fax T P T 0 This Must Be The Place 206 Main St Lemont, IL 60439- USA Una of Measure Changeable copy letters for marquee. 250 pleces & frock for letters on marque If change amt Is needed add $135 to price Unit Price Extended Price ALUMALITE 6 MM ' The unit price $119.89 Is a 5% discount off the list price $126.2. ALUMALITE 6 MM - Qty:1 Sidea:1 Height: 2 Ft 0 In Length: 4 Ft 0 In 1 Cold(s): EcoSol Cal - Vinyl Copy: ENHANCEMENTS: 1.Cold Lamirw1Ian- Gloss; qty: 8 1 Each $119.89 $119.89 SANDBLASTED CEDART 1 EA $4,004.00 $4,004.00 72 "x841r2" single sided blasted 1511E HDU sign penal w/roised copy - fiddled in customer required specs & painted 2 colors. TN. panel will have a slightly visible seem. Includes pattern and studs for wet mount, creUrg and shipping fees 03- INSTALLnonelec 6 HOUR Installation of al Manage. Electric wl provided at sign location outside for marquee. This cost does not include any permit or city fees. This w■ be billed on a sepamie invoice. This hcludee coat of installing existing Prosperity sign in window as discussed. $75.00 $450.00 Taxable NonTaxable SalesTax $6,285.70 $450.00 $471.43 Freight $0.00 Miso OrderTotal $0.00 $7,207.13 WHERE THE WORLD GOES FOR SIGNS Email dan @betheoIace.com Phone (630) 728-6131 Fax T o 0 T O THISMUS001 This Must Be The Place 206 Main St Lemont, IL 60439- USA Item ID 1 Otv Orde Intakes 6 Caode0on d ardereSiprkRmm I\ender) rnperw tar wdweccerdbp t woe spcihcerene.ikielore. pim t ih oommeaement he order it only erodible eft the Yander's prier wean consent Nlar connwentntal wworder he prate which meek re.:.bled mime hr beer). pr order In 000-tatdir. the Costner is SableRnorts& lrProoheding Yador dm Mason wenspowi6ibyfor Mel emchns dope. therefor. pu =enrage Ind sipu a prat prior tan commencement of your mole. By signing par mot oprow of its aseurd Memde hinder to comer. our Work You em sokM responsible for the courant of the proof once elms been siped. Homer. d we sbhld ash r or is prduitp he not a proofed. plan he assured tat Neil redo to m# err WA w path end PAM theme t outlander's Peak *does td hMkis hereby eepnslyIaed to the setae's bdbeld no the creel end Vendor at not lie talk tor nyweeegped deluges. constituents' demgw. or chemise. 11 lets promised on this fate Ire eppuhdmraou tikes h ara10 i bad he Mien rd ahmeledpd by h Vendor. Sign A Rama Mokena IL 11400 Lincoln Hwy, Suite #104 Mokena, IL, 60448- USA Phone: (815) -806 -8585 Fax: (815)- 806 -9164 www.signaram a. com/60448 mokena@signarama.com Page 3 of 3 QUOTE 001728 Quote Date 9/4/2008 SalesRep ACM Terms Code 50% Deposit Req Phone (630)728 -6131 Fax This Must Be The Place 206 Main St Lemont, 1L 60439- USA Urrlt of Measure Unit Price Extended Price/ Terms of Payment Upon ordering, you nuel give Vendor 50% Whet Your balance will be due upon dNrveryaMbr ineteMrea. Venda may, at its sob discnlbn, extend credit ems to you upon epprovel.Colection Procedures: Involute an considered delinquent thirty (30) days from the dwe that your order is completed. After be thirtieth day, e We dirge of 1025.00, 1xpberwit narntaccrung w me rate of 1.5% per annum, or the maim= rale allowable by law is aeseand. You shall be liable for e0 cuts related ba0ecaon of defnquent helices, including court Midland emmeys lees. Customer's Acceptance of Work: Customer's acceptance, after personal or through Mawr well) adbr employee(s) of we work ordered Nell be deemed as IW acceptance. This means that by accepting Whey of to work, customer Why that be work aubcaebaty contents b all eopecahen,io,t or Suhated* Forgotten Work: t whew does not lake possession of co pleted work Whin wiry (30) days from natation of completion; then the wok will be considered lost or forgotten, and vendor lei not be responsible for further bra. Customer wW he hied and responsible tar payment for work that her been completed Signature Taxable NonTaxable $6,285.70 $450.00 SalesTax Freight $471.43 80.00 OrderTotal $7,207.13 Misc OrderTotal 80.00 $7,207.13