R-24-02 04/08/02VILLAGE OF LEMONT
RESOLUTION NO. e. 2 4- o j
DATE: /.
A RESOLUTION APPROVING VILLAGE PARTICIPATION IN
NON -TIF DISTRICT SIGN GRANT PROGRAM
WHEREAS, the Village of Lemont has adopted Ordinance 0- 72 -99, the Non -TIF
Building & Site Grant, Sign Grant and Low Interest Loan Programs, to provide incentives
for building reinvestment within the Village of Lemont's Non -TIF District; and
WHEREAS, in accordance with the Non -TIF District Sign Grant, the Village Board of
Trustees shall consider participation in signage investment; and
WHEREAS, Jimbo's Pizza, as the lessee of the property known as 12267 Walker
(Rosewood Court Shopping Center) , Lemont, Illinois has completed the Non -TIF
District Sign Grant application for Village participation of said property; and
WHEREAS, Village Staff has reviewed the 12267 Walker application for compliance
with the Non -TIF District Sign Grant guidelines and has recommended approval of the
request.
NOW, THEREFORE, BE IT RESOLVED, that the Village President is authorized to
execute the Private Sign Grant Agreement attached for Seven Hundred Fifty Dollars
(S750.00) in accordance with the terms of the Non -TIF District Sign 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 gih day of /9 pri ) , 2002.
John Benik
Debby Blatzer
Peter Coules
Connie Markiewicz
Steven Rosendahl
Jeanette Virgilio
AYES
V
v
V
V
Approved by me this et, day of
Attest:
NAYS PASSED ABSENT
CHARLENE SMOLLEN, Village Clerk
, 2002.
0
cft.,....."4,1,
PIAZZA, V _ ' % sident
JOHN F
CHARLENE SMOLLEN, Village Clerk
APPROVED AS TO FORM:
Village Attorney
VILLAGE OF LEMONT
PRIVATE SIGNAGE IMPROVEMENT PROGRAM
AGREEMENT
NON -TIF DISTRICT
THIS AGREEMENT, entered into this day of f ��aelfli'? ,?- ebZbetween the
Village of Lemont, Illinois (hereinafter referred to as the "Village ") and the following
designated OWNER/LESSEE, to wit:
Owner's/Lessee's Name: ,J74--/K 2 S MA-it/De
Name of Business: �1 i /i'v1 G is P/ 2Z A-
Address:
ja -a- 7 t f-t e0
City: Le7O AU State: A(— Zip Code: 60 L 3°�
WITNESSETH
Whereas, the VILLAGE has established a Private Signage Improvement Program for
application within certain designated commercial areas outside of the VILLAGE Tax
Increment Financing District; and
Whereas, said Private Signage Improvement Program is administered by the VILLAGE
and is funded from General Revenues for purposes of control and prevention of blight,
dilapidation and deterioration of designated areas within the Village, 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 Commercial area of the
Village, 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 S7-'L' = The signage design and
procurement costs which are eligible for VILLAGE participation include all labor,
2
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.
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
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
4
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 OWN.ER/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
changes do not substantially alter the original design concept of the signage as specified in
the drawings and plans approved pursuant to this Agreement.
5
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
DAT : -
VILLAGE OF LEMONT
Rev. 7/99
9
ATTEST:
Village Clerk
DATE: 51-k.®A
GRANT APPLICATION REVIEW MEMO
To: Tim Teddy, Community Development Director
John Fincham, Building Commissioner
Historic Preservation Commission (✓ if applicable H )
From: Michael Bogert, Economic Development Coordinator
Date: April 1, 2002
Re: Grant Application
Please review the attached Non -TIF sign grant application for 12267 Walker —
(Jimbo's Pizza), sign and return.
Department Contact
Building John Fincham
Community Development Tim Teddy
Historic Preservation
Commission (if applicable)
Comments:
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 II
EXECUTED LEASE
ROSEWOOD COURT
S T O R E L E A S E
THIS LEASE for THE ROSEWOOD COURT SHOPPING CENTER made and
entered into as of this 18TH day of June, 2001, by and between
GLADSTONE GROUP I,_ INC. duly authorized agent for the building
owners per a duly executed management agreement, hereinafter called
"Lessor," and Jimbo's Pizza, Inc. hereinafter called "Lessee."
W I T N E S S E T H
LEASING OF 1. In consideration of the rents, covenants and
PREMISES agreements hereinafter reserved and contained to be
observed and performed by the Lessee, Lessor hereby
demises and Leases to Lessee and Lessee accepts
from Lessor the premises consisting of
approximately 761 +/- 10% square feet and herein
after referred to as "the Leased Premises," or the
"demised premises" in the shopping development
known as ROSEWOOD COURT. The common address of
the premises is 12267 S. Walker Road, Lemont,
Illinois 60439, per exhibit C attached hereto.
TERM OF 2. The term of this Lease shall commence on
LEASE October 01, 2001, and shall end on September 30,
2004, unless sooner terminated as hereinafter
provided, or renewed as herein provided.
RENEWAL
06/01
jimbos lse
Provided Lessee has not defaulted on the terms and
conditions contained herein, Lessor grants to the
Lessee one option for additional three (3) year
renewal of this Lease, the renewal shall begin
and end as follows: October 01, 2004 to September
30, 2007.
A. In the event Lessee desires to exercise
its option for the three year renewal period,
it shall do so by sending a written notice to
be received by the Lessor on or before June
01, 2004.
If the aforesaid notice is not timely received
by Lessor, then the renewal option expires and
is of no further effect.
B. The rent for the renewal term shall be per
Exhibit B attached hereto.
GUARANTY
In consideration of Gladstone Group I, inc., as Lessor,
entering into a lease agreement with Jimbo's Pizza, Inc. as Lessee,
for the premises commonly known as 12267 S. Walker Road, Lemont,
Illinois, which was at the request of the undersigned and in
reliance on the undersigned's guaranty, the undersigned hereby
guarantees to said Lessor the payment of rent and the performance
by Lessee of all of the other obligations and covenants contained
in this Lease, and the undersigned shall reimburse Lessor for all
expenses, including reasonable attorney's fees, incurred in
enforcing this guarantee. The undersigned waives all notice of
default and consents to all extensions of time, settlement,
compromise, or amendment of said Lease granted by said Lessor to
said Lessee without modification of the guarantee. This guarantee
shall inure to the benefit of the successors and assigns of Lessor
and shall be binding upon the heirs, successors, and assigns of the
undersigned.
1
WITNESS the hand and seal of the undersigned this I\ day
of t (yU5"r , 200( .
Nam: James :ndra
/34/
AddI
s
Me -1A4s 7
V C�1'iSi�.r1_Q,
Witness
-Name Sharon _ndra
/3 V/,
Address
os /o1
jimbos lse
Social Security Number
3 / - S
Social Security Number
EXHIBIT III
GRANT APPLICATION
Applicant Name:
File Number:
VILLAGE OF LEMONT
PRIVATE SIGNAGE IMPROVEMENT
GRANT
NON -TIF DISTRICT
APPLICATION
Project Addresses ; /?c6 7 bJ,4 L 1 40A D
Building Owner: &--G/1) SoN e— P %
Store /Company Name: J/ '/ Z Z4
Name of Tenant: -JAv1 25 R4rd), 4 -
Year Purchased:
/99?
Lease Expiration Date: q -30 -
Applicant Name: ,J t:-.S /itANg--ff
Applicant Business Address: I ?- (7 ki4e.,g 'Z i4
Applicant Business Phone: 7 / 7/ 1- Home Phone: ?5-2 /I o S�
Applicant(s): Building Owner: Tenant:
Number of Signs (max. three):
Total Anticipated Budget:
Total Anticipated Grant Request:
Description of Proposed Signage:*
1
$ Cc'
$
4,7--). L L e-1� e
_ � / l r y v / r,, ; L/l T) 714-
;.1 1
w � K
* Signage placement on building
Applicant Name:
File Number:
BUDGET
(anticipated)
ACTIVITY
ESTIMATED COST
- 14,1-/J w ,-/-7-t f?- 3 � Liz. t! `i-,e-_2:- /,,2.---c),2)
11
, -1,\
Li\
tt:
Total Anticipated Grant Request: $ ��',
Sign Designer for the Project:
r
Name: s/67\i
Address: 1:3 I kg/6-fir- 64_ VD.
Phone: ;� `���f 7j 5-c)
Contractor for the Project:
Name:
Address: / 7:7 / ! G /66 jv31 r° t...' 44—
Phone: ?y,' 7 - 53,-6/
Application will be reviewed by the Economic Development Coordinator, Building
Department and Community Development Director.
Applicant Name:
File Number:
I, JAYYl �S �'✓/%r� , hereby make application to the Village of Lemont for
a Private Signage Improvement Grant in the anticipated amount of $
I understand that my application must be approved by the Village and that it must conform
to established design guidelines, as well as, specific design recommendations of the Village
of Lemont. I have read a copy of the Signage Improvement Program Agreement. If
approved, I understand that all work performed is subject to development, building, permit,
and agreement provisions.
AFT l cant Signature
Please return the completed application to:
Economic Development Coordinator
Village of Lemont
418 Main Street
Lemont, IL 60439
Date
Date
If you need assistance with the application and/or have general inquiries, please contact the
Economic Development Coordinator at (630) 257 -6440.
EXHIBIT IV
PROJECT PLANS
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1391 WRIGHT BLVD.
SCHAUMBURG, IL 60193
PHONE (847) 524 -7950
FAX (847) 524 -7953
Name / Address
JIMBOS PIZZA
JIM MANDRA
12267 WALKER DR
LEMONT, IL 60439
P.O. No.
Terms
NET 10 DAYS
P 02
Estimate
Date
Estimate #
4/1/2002
12
PHONE
630 - 257 -1712
Description
Qty
Rate
Total
MANUFACTURE ONE SET OF 15" CHANNEL LETTERS
MOUNTED ONTO A RACEWAY. LETTERS TO HAVE RED
CANS, RED TRIM CAP, RED FACES AND RED NEON,
READING "PIZZA"
INSTALLATION OF CHANNEL LETTERS AND RACEWAY
1,108.00
572.00
1,108.00T
572.00
Subtotal
Sales Tax (8.25 %)
Total
$1,680.00
591.41
51,771.41