Loading...
R-69-12 Approving a Downtown Façade, Sign and Site Improvement Grant for 110 Main St. VILLAGE OF LEMONT RESOLUTION NO. V. ,(O9 -1Z AN RESOLUTION APPROVING A DOWNTOWN FACADE, SIGN, AND SITE IMPROVEMENT GRANT FOR 110 MAIN STREET IN LEMONT, IL ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 26TH DAY OF NOVEMBER, 2012 Published in pamphlet form by Authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, this 26th day of November, 2012 AN RESOLUTION APPROVING A DOWNTOWN FACADE, SIGN, AND SITE IMPROVEMENT GRANT FOR 110 MAIN STREET IN LEMONT, IL RESOLUTION NO., WHEREAS, the Village Board of Trustees approved Ordinance 0 -51 -10 creating a Downtown Fagade, Sign, and Site Improvement Grant Program (the "Fagade Grant Program ") on the 26th of July, 2010; and WHEREAS, Otto Brandt Wines, Inc. the lessee of the property at 110 Main Street in Lemont, has applied for a grant under this program to renovate the fagade of said building; and WHEREAS, the application was reviewed per 0 -51 -10 by the grant review committee, and the proposed work was found to be eligible for a grant under the Fagade Grant Program; and WHEREAS, the review committee recommended a grant of $1,201.90. NOW, THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE, AND WILL, ILLINOIS:. That the President be and is herby authorized and directed, and the Village Clerk is directed to attest to the document known as "Downtown Fagade, Sign, and Site Improvement Grant Agreement for 110 Main Street," a copy of which is attached hereto and made a part hereof. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DuPAGE, ILLINOIS, on this 26th day of November, 2012. AYES NAYS ABSENT ABSTAIN Debby Blatzer Paul Chialdikas V/ Clifford Miklos ✓, Ron Stapleton ✓ Rick Sniegowski Jeanette Virgilio Approved by me this 26th day of November, 2012 RIA . REAVES, Village President Attest: CHARLENE M. SMOLLEN, Village Clerk I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 VILLAGE OF LEMONT DOWNTOWN FACADE, SIGN, AND SITE IMPROVEMENT GRANT PROGRAM AGREEMENT THIS AGREEMENT, entered into this 26th day of November, 2012, 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: Otto Brandt Wines, Inc. Address: 110 Main Street City: Lemont State: Illinois Zip Code: 60439 Name of Business: Otto Brandt Wines Project Address(es): 110 Main Street WITNESSETH Whereas, the VILLAGE has established a Downtown Facade, Sign, and 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 Downtown Facade, Sign, and 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 costs of downtown building, sign, and site improvements to commercial establishments within the District; and I Whereas, the OWNER's /LESSEE's property is located within the Tax Increment 2 Financing District/Downtown, a designated rehabilitation area, and the OWNER/LESSEE 3 desires to participate in the Downtown Fagade, Sign, and Site Improvement Grant Program 4 pursuant to the terms and provisions of this agreement. 5 6 NOW, THEREFORE, in consideration of the mutual covenants and agreement 7 obtained herein, the VILLAGE and OWNER/LESSEE do hereby agree as follows: 8 9 Section 1. COST SHARING. The VILLAGE shall reimburse the OWNER/LESSE 10 for fifty percent of the costs for property improvements, as reviewed and approved for a 11 Certificate of Appropriateness by the Lemont Historic Preservation Commission, to the 12 OWNER's /LESSEE'S property. The maximum amount of reimbursement for said 13 property improvements shall not exceed $1,201.90. . 14 15 Section 2. PLAN APPROVAL. No building, sign, or site improvement shall be 16 undertaken until the building, sign, and /or site plans have been submitted to and approved by 17 the VILLAGE. Following approval, the OWNER/LESSEE shall cause all such 18 improvements to be completed within 180 days of the date of the approval of this 19 Agreement. 20 21 Section 3. REVIEW OF PROJECT. The Planning & Economic Development 22 Director shall periodically review the progress of the contractor's work on the building, sign, 23 and site improvements pursuant to this Agreement. Such inspections shall not replace any 24 required permit inspection by Village Inspectors. All work which is not in conformance with 25 the approved drawings and specifications shall be immediately remedied by the 26 OWNER/LESSEE and deficient or improper work shall be replaced and made to comply 27 with the approved drawings, specifications, and terms of this Agreement. 28 29 Section 4. DOCUMENTATION REQUIREMENTS. Upon completion of the 30. building and site improvement /historic preservation and upon its final inspection and 31 approval by the Building Department, the OWNER/LESSEE shall submit to the VILLAGE 32 a properly executed and notarized contractor statement and architect fee statement showing 33 the full cost of the work as well as each separate component amount due to the contractor 34 and each and every subcontractor involved in furnishing labor, materials, or equipment in the 35 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 sixty days of receipt of the contractor's statement and proof of payment issue a check to the OWNER /LESSEE. 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. Section 5. FAILURE TO COMPLETE WORK. If the OWNER/LESSEE or his contractor fails to complete the building, sign, or site improvements in conformity with the plans provided for in Exhibit A and in conformity with the provisions of this Agreement, this Agreement shall terminate and the financial obligation on the part of the VILLAGE shall cease and become null and void. Section 6. 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, sign, and site improvement provided for in this Agreement. Section 7. VILLAGE INDEMNIFICATION REGARDING CONSTRUCTION. The owner 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 8. 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 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 9. 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 10. DISPLAY OF VILLAGE FUNDING PROMOTIONAL MATERIAL. The OWNER/LESSEE hereby agrees to prominently display a poster identifying the property as receiving VILLAGE funding under the Downtown Fagade, Sign, and Site Improvement Grant Program. The sign will be provided by the VILLAGE and shall be displayed upon approval of this Agreement to no less than thirty days after final approval and reimbursement is made. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date first appearing above. OWNERS /LESSEE zu" 3 rs Property 00KEWLESSEE Date: OWNER/LESSEE Date: ATTEST: B Village Clerk 4 OF LEMONT President Date: T �