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R-45-02 06/24/02VILLAGE OF LEMRNT RESOLUTION NO. t ' y5 Y� a-- DATE &i -e_9 -D.:2_. RESOLUTION APPROVING VILLAGE PARTICIPATION IN TIF BUILDING AND SITE GRANT PROGRAM FOR 117 STEPHEN STREET WHEREAS, the Village of Lemont has adopted Ordinance 0- 71 -99, the Downtown Buii wig`& rte' 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, Tangles as the property owner for the property known as 117 Stephen Street has completed the Downtown Building & Site Improvement Grant application for Village participation of said property; and WHEREAS, Village Staff has reviewed the 117 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 Private Signage Grant Agreement attached for 117 Stephen, Lemont Illinois in accordance with the terms of Downtown Private Signage Grant guidelines in an amount not to exceed One Thousand, One Hundred Eighty Four and Fifty Cents ($1,184.50). PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DU PAGE AND WILL, ILLINOIS, ON this 'day of , 2002. John Benik Debby Blatzer Peter Cowles Connie Markiewicz Steven Rosendahl Jeanette Virgilio Approved by me this -`day of Attest: AYES NAYS PASSED ABSENT f V v HARLENE SMOLLEN, Village Clerk ,2;01, ilikk ■t /14%,111‘ JO ' ' AZZA, 'r a e Presi;; r CHARLENE SMOLLEN, Village Clerk VILLAGE OF LEMONT BUILDING AND SITE IMPROVEMENT GRANT PROGRAM 'AGREEMENT TIF DISTRICT THIS AGREEMENT, entered into this day of , 2002, 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: Karen Krisciunas Name of Business: Tangles Address: 117 Stephen Street City: Lemont State: IL Zip Code: 60439 Project Address(es) 11l .}e p i e,n e 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 OWN.ER/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 $1, 184.50 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 v: :tea 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 3 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 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 4 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 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 the three 5 (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 QCs.. "C r,a:'e5CY- > "? "-s`.. t�S e;'.v • 4�stT'* .ia2. i! any breach of any of the terms of this Agreement. The Village reserves the ri ght 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. Apr 1102 09:16a 04/10/2002 09:39 Jacobowsk i VILLAGE OF LEMONT '* 2577055 OWNERS/LESSEE e..``= Wen r S(wu ios Program Pa ' ant Property Owner DATE: 4- /v - o Rtev. 7/99 6302577055 VILLAGE OF LEMONT p.3 NO. 174 002 ATTEST: %% Village Clerk DATE. 6����C)c�' t •C �' EXHIBIT 1 PROOF OF OWNERSHIP (NOT APPLICABLE) • EXHIBIT II EXECUTED LEASE A copy of the actual lease agreement is unavailable at this time; however, the property owner has indicated his acceptance and approval via execution of this grant application. EXHIBIT III GRANT APPLICATION Project Address: //'7J'p/247 Village of Lemont TIF Building & Site Grant Program Historic Downtown District APPLICATION Section One: Applicant Information . - -, E7 , Property Owner S n DIV Tenant Applicant Name: // grin frr; S e_/ 1010.9 10.9 Business Name (if tenant applicant): Social Security Number: / S or EIN: Residence Address: /,./-//6 ' 371M4 ilee. i1 State: /L City: oin Business Phone: .2,6-7-z j '77 Home Phone: Zip: fi./37 51-/z6/ Section Two: Company Profile (if tenant applicant) ❑ New business establishing itself in Lemont ❑ Existing business relocating to Lemont from: City: State: ❑ Existing Lemont business expanding/remodeling at same location ❑ Existing Lemont business, expanding by adding a new location within Lemont Existing Lemont business, relocating to a new site/building within Lemont Old Address: /1/ New Address: J/ 9 Year Business Established: Years in emont: / Type of Business: (Describe): �QJQ %n 9� Lease Expiration Date: tt5P /`C'/ Full -time employees: 0 Part-time employees: q Section Three: Project Details Project Address: Description of Proposed improvements: a)/-Li 4/91-4, /diit 1 Project Address: Anticipated budget as indicated by best bid: Please provide a 'cad- -n of costs by activity. You must attach two proposals for each activity. Staff will review your project and complete the budget total cost after determining eligibility. ACTIVITY COST TIF ELIGBLE (staff use only) 0 °�".� ^ ezr '+ ... . 3 GtwnN.ne 3.,`5t09•00 1 s I L4.5 o Project Architect: Name: Total Eligible Grant Request: $ S4 1)1V-1-5'D Address: Phone: Project Contractor: Must be licensed and bonded by the Village of Lemont Name: Address: Phone: Will this project proceed if TIF assistance is not granted? ❑ No ❑ Yes, but in a limited capacity (explain): Yes, but at a later date (explain): 2 J.1 1 J a Jacobowski 6302577055 Project Address: /'7 A p•2 Section Four: Property Owner/Building Information Building Square Footage: Number of units: / Average lease rates per s.£: 12,6" °b Property Owner:�/1/4/ Property Owner Phone: Owner Address: / � R`j� �- � , , �. � ��� �� �� Ao ( City: r �.--; State: ' Cif Section Five: Conflict of Interest Disclosures Is any owner of the business and/or property an elected or appointed official of the Village of Lemont, or related to an elected or appointed official of the Village of Lemont, or routinely contracts with the Village of Lemont to provide goods or services? No 0 Yes Explain: Application will be reviewed by the Economic Development Coordinator, Building Department, Community Development Director, and Historic Preservation Commission. hereby make application to the Village of Lemont to the Building & Site Improvemen Grant Program in the anticipated amount of $ 1/ . :t y _�C) application must be approved by the Village and that it must conform to the established Historic District . I understand that my Guidelines, as well as, specific design recommendations of the Village of Lemont. I have read a copy of the Building & Site Improvement Grant Program Agreement and Iien provisions. If approved, I understand that all work performed is subject to development, building, permit and agreement provisions. 11/41/ 00111 Applicant Property Owner Please return completed application to: Economic Development Coordinator Village of Lemont 418 Main Street Lemont, IL 60439 (630) 257 -6440 3 Date 4 - /1— Da Date Date Received: EXHIBIT V PROPOSALS SINCE 1958 :riesterlield RWfliflg Co. 6999 Van Dam Road - South Holland, Illinois 60473 (708) 96 -4434 • FAX: (708) 596 -9469 17 <TE iti if/ /Z. ,A.4.- (0 -257- Za77 Phone Fax nc. Other Locations Palos Heights 800-339-6522 Willowbrook 800- 339 -6522 Chicago Awnco (Subsidiary) 773 - 239 -1511 Chicago Square Deal Awning Co. (Subsidiary) 312 - 523-0303 Chicago The Canvas Smith (Subsidiary) 312- 666 -0400 :ONTRACT DATE 4 / /z /t'2- - /Pit i/ y,(JAW,: //,.,0. /,►Xi /y i..- �D11).-//17/41e V Amount <T ZE . Z-_,//://///7- l /7,/ / / ./'1c � :e- -- `i1 Fa, /e.) • / A,::24. c 4'44 /L) -1.%,14e �� >• ' ' -.., - ,/,/,..-.2 /fir /! , / . iJ /i1, J 4 . , ,/t y,r ,/ n / .5:?/. vlcf --7:e//1-14. -://7e.._:)': , 1'r % ? ./• J.Jr .r L'¢ ",4 -'Jt !,?,, , A► r ar, /-- ,:/.7.,=-,.///:,-.- 1 77, e. (6 //e& & pi er, , r f r - - '3(2) 00 v Total price D • » - - -• - i:72 9'?.!'cJ - lo C nstailation ` . _,r f 71�" P'' •erms 7 L ; ##i - .1,e1/4.0-'ee'l/A1 it '7,4e/4 7 IJ , Ba�1• ce •ue / : (o41 Customer SALESPERSON After the company goes into production on this merchandise, this contract cannot be canceled and' the purchaser is responsible for the whole amount contracted herein. The merchandise is the property of the Chesterfield Awning Company, Inc. until the whole amount of the contract is paid in full.