R-43-02 06/10/02VILLAGE OF LEMONT
RESOLUTION NO. RA3 -00-
DATE: b_ / p . pa
A RESOLUTION APPROVING VILLAGE PARTICIPATION OF DOWNTOWN
PRIVATE SIGNA�rE GRANT PROGRAM
WHEREAS, the Village of Lemont has adopted Ordinance 896, the Downtown Private
Signage Grant, to provide incentives for building reinvestment within the Village of
Lemont's Tax Increment Financing District; and
WHEREAS, in accordance with the Downtown Private Signage Grant, the Village Board
of Trustees shall consider participation in signage investment; and
WHEREAS, Rossa's Ice Cream & Candy Shoppe, as the lessee of the property known as
310 Canal , Lemont, Illinois has completed the Downtown Private Signage Grant
application for Village participation of said property; and
WHEREAS, Village Staff has reviewed the 310 Canal application for compliance with
the Downtown Private Signage 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 3"o Cana.((address)
in accordance with the terms of Downtown Private Signage Grant guidelines.
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 /off` day of v , 2002.
AYES
John Benik
Debby Blatzer
Peter Coules
Connie Markiewicz
Steven Rosendahl
Jeanette Virgilio
NAYS
PASSED ABSENT
CHARLENE SMOLLEN, Village Clerk
Approved by me this / #' day of vru^ , 2002.
Attest:
CHARLENE SMOLLEN, Village Clerk
VILLAGE OF LEMONT
PRIVATE SIGNAGE IMPROVEMENT 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: 1,64 -v eOSE ..../4tr-hAJV 9- A
l e 4'AJ/J ems
Name of Business: OSSA ,S I '- -- Cle ,n a- C671/4-1 b j S Ppe:
Address: Sit /1-4—
City: LQNN.d7t 4- State: JI-c
Zip Code: o `t
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,'1IIEREFORE, 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 and
2
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 REQUIREMENTS - 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
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 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 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 the proposed
5
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
Progra articipant
DATE:
Property Owner ?7,esoviiy.-L__
DATE: c
Rev. 7/99
9
VILLAGE OF LEMONT
DAZE:
Village Clerk
G- /0-o,,
EXHIBITS
EXHIBIT I PROOF OF OWNERSHIP
EXHIBIT II EXECUTED LEASE
EXHIBIT III COPY OF APPLICATION
EXHIBIT IV SIGNAGE PLANS
EXHIBIT V CONTRACTOR'S AGREEMENT
EXHIBIT 1
PROOF OF OWNERSHIP
Not applicable
EXHIBIT III
GRANT APPLICATION
TIF IS7 Non -TIF ❑
Project Address: 3/6 &KW --
Village of Lemont
GRANT APPLICATION
Section One: Applicant Information
❑ Property Owner
Tenant
Applicant Name: /i Ater e0SE SGIH FA'AJQ 1197vE L • goss
Business Name (if tenant applicant): ROSS/4S C - C d' Lv'Yi SH
Social Security Number: 333 - X8-58 i 1 or EIN: 4 - 085 rel q41
Residence Address: 4o?010 So • tiAJA91-) / fre
City: State: Zip: 100609
Business Phone: 06...W5 ;5; 13 Home Phone: 7 13.847 -M /
Section Two: Company Profile (if tenant applicant)
.I 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: New Address:
Year Business Established: Years in Lemont:
Type of Business: (Describe): ICe- G tDi)1 a. C (2.1ady U
Lease Expiration Date: Full -time employees: CA Part-time employees:
Section Three: Project Details
Project Address: .510 C1 L. Property. PIN: 22 - -R e Yid e03 -ay.)
Description of Proposed improvements' lr'G lj G /( 4)
Anticipated budget as indicated by best bid: Please provide a breakdown of costs by activity and attach
two proposals for the work. Staff will review your project and complete the grant eligible total costs.
1
•
Non -TIF ❑
Project Address: 3/1)
ACTIVITY
COST
GRANT ELIGBLE
(staff use only)
j ,
I/t)ii tv( 1/ fJ" l) -
, ,)e /L 0
a-ebd
Awiu-fri kee'111471L-4-
,
_/
7 '(/' itsr. �Jtr'. Z /j /j4
Thal QPosac} cosi-
i,5 915
00
Project Architect:
Name:
Address:
Phone:
Total Eligible Grant Request:.
Project Contractor: Must be licensed and bonded by the / Village of Lemont
Name: C>zezi SC7}�, izi (14-AM-c- sr htefli
'TIF'Non -'TIF ❑ Project Address: .'L)
Section Four: Four: Property Owner/Building Information
Building Square Footage: Number of units: / Average lease rates per s.f.:
A,
Property Owner: n 657 Sci 4i
Property Owner Phone: • of 06.1 tJ%
Owner Address: $ e+4 i*(-- City: � / e7-1Oa J7 State: -XL-
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
gl Yes
Explain: /1J/ r / p e ;- C1r91i0--/ ,LJt 1 IS i ,V9 7 5.6,4 -r r
5 /I' /41 rAs/ h t.-- p f 71< 1,- 5— o r i i? eS el- ; c: J Cern i: 77 c
Application will be reviewed by the Economic Development Coordinator, Building Department,
Community Development Director, and Historic Preservation Commission.
•
I, { ( C 1e) hereby make application to the Village of Lemont Grant Program in the
anticipa4 amodnt oil S /9c0.0 0 .1 understand that my application must be approved by
the Village and that it must conform to any established Design Guidelines, as well as, specific design
recommendations of the Village of Lemont. I have read a copy of the Grant Program Agreement and
lien provisions. If approved, I understand that all work performed is subject to development, building,
p; it and agreement provisions.
r II.L.). i °/ :11 .rtgi
Applicant Ignature
4/02 ?/0.09—
Date
Property Owner
Please return completed application to:
Economic Development Coordinator
Village of Lemont
418 Main Street
Lemont, IL 60439 (630) 257 -6440
3
EXHIBIT IV
SIGN PLANS
t,
oo—I11 -2002 12 :43PM FROM
S�ji WWII
EXPRESS
924 WARREN AVE DOWNERS GROVE, L 60515
630/964 -3500
DATE - - TO KI;7".._ FROM
TO 13124547301 P.01
91:1( 4e...
Ottcb cz
ROA:
s 'T ICE CREAM &CANDY SNOPPE
-oz- 243 -7523 ao
cA) odotA) stin
PAX 630/964 -1325
TOTAL P.01
EXHIBIT V
PROPOSAL
05-01-2002 12:52PM FROM
TO 13124547301 P.01
fed (Ct6 4.3 ?‘"?)
C6 2,17,
Stir? €
14-:2k) 4104
it ...lit.. i•
62.'t/6.); C-)t-1-4751(.4
ROTAS
ICE CREAM & CANDI SHOPPE
243-7523
To: .
From:
Date:
Re:
GRANT APPLICATION REVIEW MEMO
Tim Teddy, . Community Development Director
John Fincham, Building Commissioner
Historic Preservation Commission (✓ if applicable ❑ )
Michael Bogert, Economic Development Coordinator
May 16, 2002
Grant Application
Please review the attached grant application, sign and return.
Department
Building
Community Development
Historic Preservation
Commission (if applicable)
Comments:
Contact
John Fincham
Tim Teddy