R-48-01 Approving village participation in the tif building and site grant program for 314 canal streetVILLAGE OF LEMI NT
RESOLUTION NO.
DATE 8 -'3.0
RESOLUTION APPROVING VILLAGE PARTICIPATION IN TIF BUILDING
AND SITE GRANT PROGRAM FOR 314 CANAL STREET
WHEREAS, the Village of Lemont has adopted Ordinance 0- 71 -99, the Downtown
Building & Site 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, Greg and Lynn Vavra as the property owner for the property known as
314 Canal Street has completed the Downtown Building & Site Improvement Grant
application for Village participation of said property; and
WHEREAS, Village Staff has reviewed the 314 Canal 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 Building and Site Grant Agreement attached for Ten Thousand Dollars
($10,000.00) in accordance with the terms of the Downtown Building & Site Improvement
guidelines.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE AND WILL,
ILLINOIS, on this /Y' day of /3„9s -F , 2001.
John Benik
Debby Blatzer
Peter Coules
Connie Markiewicz
Steven Rosendahl
Jeanette Virgilio
AYES NAYS PASSED ABSENT
CHARLENE SMOLLEN, Village Clerk
Approved by me this /day of d `-`- , 2001.
Att st:
JO N F. P AZZA, Vil ag
ARLENE SM
LLEN, Village Clerk
APPROVED AS TO FORM:
Village Attorney
ent
VILLAGE OF LEMONT
BUILDING AND SITE IMPROVEMENT GRANT PROGRAM
AGREEMENT
TIF DISTRICT
THIS AGREEMENT, entered into this v; day of, j(rx '( , 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:
V RA-
Address: ?? C Q ,
City: L-6140 .V-( State: LL_ Zip Code: L-C4 -”
Name of Business: E �--�i � 2 — � ,�C tr8 Z,
Project Address(es) (4 CA ?O..
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 $ OffC119'.'y � for
construction cost and $ L0 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.
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
2
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 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.
3
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 ali 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
OWNERJLESSEE 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
4
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 pians 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 (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
5
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 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 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: GUAR4NTEE 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.
OWNERS/LESSEE
�-� \T Svc
Program Participant
VILLAG • F LEMONT
Arritkealia
President gri
Date: !MD-) 200 ( Date:
Property Owner
Date: .J
Form Rev. 5/00
zoo, l
8
ATTEST:
Date:
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 NOTORIZED.
9
,QEORCE E. COLE'
LEGAL FORMS
WARRANTY DEED
Joint Tenancy
Statutory (ILLINOIS)
(Individual to Individual)
CAUTION: Consult a lawyer before using or acting under this form. Neither the publisher or the seller of this form
makes any warranty with respect thereto, including any warranty of merchantability or fitness for a particular purpose.
NO. 810
February, 1985
THEGRANTORS MANUEL VILLAGOMEZ and
SUSAN VILLAGOMEZ, his wife
of the Village of Lemont County of Cook
State of I 11 inois for and in consideration of
Ten and no/100 DOLLARS,
& other good and valuable consider,,,{d id,
CONVEY s and WARRANTS to
GREGG A. VAVRA and LYNNE M. VAVRA
726 Singer
Lemont, IL 60439
EXHIBIT I
▪ DEPT-01 RECORDINGS x. ,
. TTf"' 1 'MAN :477 03/2. !' 9':ii9 :,
. th346 * -93-669 144
COCK COUNTY RECORDER
95'669164
(The Above Space For Recorder's Use Only)
(NAMES AND ADDRESS OF GRANTEES)
not in Tenancy in Common, but in JOINT TENANCY, the following described Real Estate situated in the
County of Cook in the State of Illinois, to wit:
SUB LOT ONE (1) IN THE SUBDIVISION OF THAT PART OF LOTS 4 AND 5
IN BLOCK 34 LYING BETWEEN CANAL STREET AND RAILROAD AND THAT
PART OF HINSDALE STREET AND LAND ADJOINING BETWEEN CANAL STREET
AND RAILROAD AND EAST OF LULL STREET OR LEMONT STREET IN KEEPATAW,
BEING A SUBDIVISION OF SOUTHWEST FRACTIONAL 1/4 AND WEST 1/2 OF
SOUTH EAST 1/4 OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 11, EAST
OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
SUBJECT TO: General real estate taxes not due and payable at
time of closing, special assessments confirmed after this contract
date, building line and use or occupancy restrictions, conditions
and covenants of record, zoning laws and ordinances, easements
a
9366 )164
LU
for public utilities, drainage ditches, feeders, laterals and
drain tile, pipe or other conduit.
L4
EXHIBIT II
NOT APPLICABLE
Applicant Name:
File Number:
EXHIBIT III
VILLAGE OF LEMONT
BUILDING & SITE IMPROVEMENT
GRANT PROGRAM
TIF DISTRICT
APPLICATION
.�
Project Address(es): c �.i �.• ��'.
Building Owner: V4 V Year Purchased: (q'
Store /Company Name:
Name of Tenant:
Lease Expiration Date:
Applicant Name: (=sue &L".9-- \,1A-VRk
Applicant Business Address: '?,711- CA-0 AI.; Si" rL . 2
Applicant Business Phone: 2'3 7. ,oet Home Phone: 'LS-?- of Z:2-
Applicant(s): Building Owner: Cyr} - 1//10)..k-Tenant:
Number of Store Fronts: t
Total Anticipated Budget: S 2 Q 50U --
Total Anticipated Grant Request: $ / ,? e 00C
Description of Proposed Improvements:*
f1/4we Rv,Or op ; 5i D(k) - i TRAM DRIP ORN(ctr/ /M CelgVl4c-
61 1 N) >yLa( ! M7 j y STAIR, Si Di Nq Poge44 t C41)6 PY
R t'}PQ / -1Z_ AgCa. StRilc tvaert /7o2ci 014, MiGouG ,
/ke ,1. S10106- om .57PPP, (iiocc.uDe) lti P4Ar /4/30)0)
j741-iJ7 W AJ) A)S (1/t LdRN(CG —j Era?
14 5-1944 .2.&742_
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* Attach elevations of proposed improvements (if available)
,wKvZCCk¢.;lr�,�A'3•Y�,'
:.L' 02I3 E-2dOIS 30 3�ZLJId
Applicant Name:
File Number:
I, tc i4 VIKA— , hereby make application to the Village of Lemont for
a Building & Site Improvement Grant Program in the anticipated amount of
5 10.1 c�co
. 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 Building &
Site Improvement Grant Program Agreement and lien provisions. If approved, I
understand that all work performed is subject to development, building, permit, and
agreement provisions.
VP
Applicant Sdgrfature
2
Date
Build' g (finer Date
�1Qy2 f Zoo
Please return the completed application to:
Economic Development Coordinator
Village of Lemont
418 Main Street
Lemont, IL 60439
If you need assistance with the application and/or have general inquiries, please contact the
Economic Development Coordinator at (630) 257 -6440.
Applicant Name:
File Number.
BUDGET
cipated)
ACTIVITY
ESTIMATED COST
4toAy( it-CADer ACA
7 , 6
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Total Anticipated Grant Request: $
Architect for the Project:
Name: V '1 RA—
Address: '( CA— — C., ST/ 1 uz. 2- Lerrtavf
Phone: 0-;D 2 7 7 L c)
Contractor for the Project:
Name:
Address:
Phone:
Application will be reviewed by the Economic Development Coordinator , Building
Department, and Community Development Director.
EXHIBIT IV
314 cAL sr: -mLD11\16
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CONTRACTOR AGREEMENT
EXHIBIT V
THIS AGREEMENT made this 8th day of August, 2001, by and between JLG Associates, Inc., hereinafter called the
Contractor, and Gregg Vavra, hereinafter called the Owner.
WITNESSETH, that the Contractor and the Owner for the consideration named agree as follows:
ARTICLE 1. SCOPE OF THE WORK
The Contractor shall furnish all the materials and perform all of the work shown on the drawings and/or described in the
specifications entitled Exhibit A. as annexed hereto as it pertains to work to be performed on property located at:
ARTICLE 2. TIME OF COMPLETION
The work to be performed under this Contract shall be commenced on or before September 23, 2001, and shall be
substantially completed on or before May 1, 2002. Time is of the essence.
ARTICLE 3. THE CONTRACT PRICE
The owner shall pay the Contractor for the material and labor to be performed under the Contract the sum of Twenty
thousand five hundred Dollars ($), subject to additions and deductions pursuant to authorized change orders.
ARTICLE 4. PROGRESS PAYMENTS
Payments of the Contract price shall be paid in the manner following: Monthly
ARTICLE 5. GENERAL PROVISIONS
1. All work shall be completed in a workmanship like manner and in compliance with all building codes and other
applicable laws.
2. To the extent required by law all work shall be performed by individuals duly licensed and authorized by law to
perform said work.
3. Contractor may at its discretion engage subcontractors to perform work hereunder, provided Contractor shall fully pay
said subcontractor and in all instances remain responsible for the proper completion of this Contract.
4. Contractor shall furnish Owner appropriate releases or waivers of lien for all work performed or materials provided at
the time the next periodic payment shall be due.
5. All change orders shall be in writing and signed by both Owner and Contractor.
6. Contractor warrants it is adequately insured for injury to its employees and others incurring loss or injury as a result of
the acts of Contractor or its employees and subcontractors.
7. Owner shall at its own expense obtain all permits necessary for the work to be performed.
8. Contractor agrees to remove all debris and leave the premises in broom clean condition.
9. In the event Owner shall fail to pay any periodic or installment payment due hereunder, Contractor may cease work
without breach pending payment or resolution of any dispute.
10. All disputes hereunder shall be resolved by binding arbitration in accordance with the rules of the American
Arbitration Association.
11. Contractor shall not be liable for any delay due to circumstances beyond its control including strikes, casualty or
general unavailability of materials.
12. Contractor warrants all work for a period of 12 months following completion.
ARTICLE 6. OTHER TERMS
Signed this 8th day of August, 2001.
Signed in the presence of
�XNlt3tT �T
Applicant Name:
File Number:
BUDGET
(anticipated)
ACTIVITY
ESTIMATED COST
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?,6 , c—
9-.ua,�tizY-
4-5oo =
Pcct -k It7
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5iPt1/416- - f {U
4500 �=
-r1 t p-r 9" s '
120o
• la tcAG -I- WAtti ^WAt F --
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Total Anticipated Grant Request: $ 2 9) 5c0
Architect for the Project:
Name:
Address:
Phone:
- VA'1 RA--
_ d( if P (- sen Ruz. Z 1-691440,o-r-
6-; "Z7- 9_00o
Contractor for the Project:
Name:
Address:
Phone:
Application will be reviewed by the Economic Development Coordinator , Building
Department, and Community Development Director.
EXHIBIT VI
NOT APPLICABLE
EXHIBIT VII
AGREEMENT CREATING LIEN ON REAL ESTATE
The undersigned, t &t — VANIJ , , owner(s) of
L4- Ca4■AL. Sr, 1);914.0,01— , Lemont, Illinois, having applied for
Building & Site Improvement Grant Program from the Village of Lemont through General
Financing does hereby grant a lien to the Village of Lemont, a Municipal Corporation, in
the amount of Dollars ($ )
on the property commonly known as (4 1.3gv S� , Lemont, Illinois
60439, and legally described as follows:
Permanent Index Number: Z2- " - 4 (8 - Op
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 ‘-J day of JA , UARY
Form Rev. 4/99
STATE OF ILLINOIS }
} SS:
COUNTY OF COOK }
I, the undersigned, a Notai Public in and for said County, in the State aforesaid,
DO HEREBY CERTIFY that (2=D Re -ciC, \I P1 U (ZP\ 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.
OFFICIAL SEAL
KAREN MAZA
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 8-12-2004
This instrument was prepared by:
VILLAGE OF LEMONT
418 Main Street
Lemont, Illinois 60439
(630) 257 -6440