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R-83-00 09/25/00
VILLAGE OF LEMONT RESOLUTION NO. tW ° 0 DATE q GRANT 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 building reinvestment; and WHEREAS, Sergey Muradyan, leasee for the property known as Great American Bagel, 1130 State Street has completed the Non -Tif Sign Grant application for Village participation of said property; and WHEREAS, Village Staff has reviewed the 1130 State Street application for compliance with the Non -Tif Sign Grant guidelines and has recommended approval of the request. NOW, THEREFORE, BE IT RESOLVED, that the Village President is authorized to execute the Sign Grant Agreement attached for Seven Hundred Fifty Dollars ($750.00) 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, OUNTIES OF COOK, DuPAGE AND WILL, ILLINOIS, on this 2, day of , 2000. Approved by me this et tz tLar<.d.- -Td2 it 0,. ARLENE SNIO LEN, Village Clerk day of ,20_. HARLENE SNIOLLEN, Village Clerk Approved • s to Form: i age Attorney &RDA :K1VA NE SKI, Village President MIR -MUR II INC. THE GREAT AMERICAN BAGEL 1130 STATE STREET LEMONT, IL 60439 VILLAGE OF LEMONT PRIVATE SIGNAGEI%i IPROVEMENT PROGRAM AGREEMENT NON -TIF DISTRICT THIS AGREEMENT, entered into this day of , , 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: S E R G E, \� /� O RA D YA / V Name of Business: R EAT A PCT CA A/ 1/ E L Address: ! 1 3 0 $FA- / City: t Ef NT State: .Z-L Zip Code: D 1/ 3 9 WITNESSETH Whereas, the VILLAGE has established a Private Signage Improvement Program for application within certain designated commercial areas outside of the VILLAGE Tax Increment Financins 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, iBJ REFORE, in consideration of the mutual covenants and agreement obtained herein, the VILLAGE and OWNER/LESSEE do hereby agree as follows: SECTION 1: COST SHARLNG - 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 S . The signage design and 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 VI'i,LAGE. 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 OWN.ER/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. 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 REOUIREMENTS, - 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 OWN.ER/LESSEE exceed the amount specified in this Agreement or in the contractor's statements. At time of reimbursement and A 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 LMPROVEMENTS - 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. 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 OWN.ER/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. A 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. 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 judgrnent 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: EXITS - 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 ikE:REOF, the parties hereto have executed this Agreement on the date first appearing above. 4 EXHIBITS EXHIBIT I PROOF OF OWNERSHIP EXHIBIT II EXECUTED LEASE EXHIBIT III COPY OF APPLICATION EXHIBIT IV SIGNAGE PLANS EXHIBIT V CONTRACTOR'S AGREEMENT MIR -MUR II INC. THE E3REAT AMERICAN BAG. 1130 STATE STREET Applicant Name: LEMONT, IL 60439 File Number: VILLAGE OF LEMONT PRIVATE SIGNAGE Ili I:MOVEMENT GRANT NON -TIF DISTRICT APPLIC ATION 130 STATE ST G.EHO4/T 1 L X0(1 9' Project Address(es): 1 Building Owner: E 1�(/ T Y 4 T -4 / Nom! FN T Year Purchased: Store/Company Name: THc' C R &A T 4/A-1 t R / 6A /1/ 8/ EL- Name of Tenant: 5 El2G C / /4 /RAPY,4A/Lease Expiration Date: //PR ZCCS Applicant Name: 6-Re/IT 4 MEk1 Ci4N E46 EL- Applicant Business Address: / / 30 -C T '4T5 .57- j - EM dN T Applicant Business Phone: 2S-7 -q/ 33 Home Phone: 630 853 5099 Applicant(s): Building Owner: Tenant: X Number of Signs (max. three): Total Anticipated Budget: Total Anticipated Grant Request: $ Z Description of Proposed Signage: * ��N J- 5 /UN ON $ D� & L� �S l 6A/ ON $DU TT/1 * Signage placement on building 09/05/2000 11:20 708- 456 -3552 PALDO SIGN CO PAGE 02 Baiting Price: S '"� 4"0 Term (= ,b.-� ) on signing, balance on installation. AU. UNPAID BALANCES SMALL BEAR INTEREST AT THE RATE OF TWO PERCENT (2%) PER MONTH AF7E PARAGRAPHS 1 -21, INCLUSIVE, ARE SET FORTH ON THE REVERSE SIDE AND ARE AN INTEGRAL PART OF The parties acknowledge that they have carefully read the entire Agreement and fully understand their respective c ACCEPTED: By Titter Date. PLEASE SIGN AND RETURN THE ORIGINAL OF THIS AGREEMENT 30 DAYS. 1IS AGREEMENT. venants hereunder. PALDO SIGN & DISPLAY CO., MNC. Title: PALDG SIGN & DISPLAY C4., INC. CONTRACT 8110 GRAND AVENUE •RIVER GROVE, $UJNOIS 80171 • (708) 456.1711 • FAX (708) 456 -1552 'Quality Signs iSlnor i> Date / Drawing Died To: Phalle: Billing Address: /4 3 Location of work! Description of work — Furnish labor, material, transportation, and equipment to: e2.t/t-:r.,61 ciL,,::,i,as-e 0%r%..42.-/)42-.e-Y-- (—Zge01.41we:•%---E--sta 40(--nria: 4#__,,d\--4,4■6-11■2_ / Ls. . . ..- r __--- _ 7e.'5D •--- ifileill %sr _.■ e! / .1 t Baiting Price: S '"� 4"0 Term (= ,b.-� ) on signing, balance on installation. AU. UNPAID BALANCES SMALL BEAR INTEREST AT THE RATE OF TWO PERCENT (2%) PER MONTH AF7E PARAGRAPHS 1 -21, INCLUSIVE, ARE SET FORTH ON THE REVERSE SIDE AND ARE AN INTEGRAL PART OF The parties acknowledge that they have carefully read the entire Agreement and fully understand their respective c ACCEPTED: By Titter Date. PLEASE SIGN AND RETURN THE ORIGINAL OF THIS AGREEMENT 30 DAYS. 1IS AGREEMENT. venants hereunder. PALDO SIGN & DISPLAY CO., MNC. Title: ASSIGNMENT OF LEASE Subject to the consent of the below Landlord, M& H BAGELS, INC. (the "Assignor "), hereby assigns to MIR -MUR, LTD. (the "Assignee "), all of Assignor's rights under that certain lease dated January 29. 1998 for the space designated as 418, 1130 State Street, Lemont, Illinois . This Assignment shall become effective (the "Effective Date ") April 1, 2000. Rent Commencement Date for Assignee shall be April 1.2000. Landlord, the Assignor and Assignee agree to the following: 1. Rent check from Assignee will be mailed directly to Equity Attainment, Inc., made payable to EQUITY ATTAINMENT, INC. 2. If a grease trap is required by the Village of Lemont , Assignee will be responsible for all the expenses related thereto. 3. Assignee agrees that the premises will be occupied by a Great American Bagel only. 4. Mary C. Kern & Harold Kern will no longer personally guarantee the lease. Sergev Muradyan and Peter Mironovich, individually will execute a personal guaranty for the first five years of the assignment. 5. A Security Deposit in the amount of 52,881.00 will be deposited with the Landlord. 6. The base rent will be as follows: a) April 1, 2000 - April 30, 2001 $12.00 per sf: $34,572.00 annually, $2,881.00 monthly b) May 1, 2001 - April 30, 2003 $13.00 per sf: $37,453.00 annually, 33,121.09 • monthly c) Beginning May 1, 2003 and continuing through the term of the lease, the base rental will be adjusted upward annually 3% . The monthly installments shall likewise be adjusted upward to reflect the change in the Minimum Annual Rent. d) If Assignee is not in default of any of the terms of the lease and exercises the right of option(s), during the option period the rental will be adjusted upward annually 3% . The monthly installments shall likewise be adjusted upward to reflect the change in the Minimum Annual Rent. e) Base rental will be abated from April 1, 2000 to June 30, 2000, however Assignee will be responsible for payment of common area maintenance, insurance and real estate taxes. Page 1 of 2 Upon the Effective Date, the Assignee does hereby assume any and all obligations of the Assignor under or pursuant to the Lease. ASSIGNOR: M &H BAGELS, INC. DATED: 3/2 Q /C7O ASSIGNEE: MIR -MUR, LTD. DATED: 9 . 2 , t2O BY: � a BY: � Mary C. Kefn, Presi nt Sergey M urad an, President BY: BY: ell"- ftr' Y' -,o v arold Kern, Secretary/Treasurer Peter Mironovich, Secretary LANDLORD: EQUITY ATTAINMENT, INC., as Managing Agent DATED: BY: "Ft othy . Ba ett . s President Page 2 of 2 GUARANTY In consideration of, and as an inducement of the granting, execution and delivery of the foregoing Lease Assignment dated i2.3 2 8, 7O , (hereinafter called the "Lease "), by EQUITY ATTAINMENT, INC. AS MANAGING AGENT, AND /OR ITS NOMINEE, the Landlord therein named (hereinafter called the "Landlord ") to MIR -ML'R, LTD. the Assignee therein named (hereinafter called the "Tenant "), the undersigned Sergev Muradvan and Peter Mironovich (hereinafter called the "Guarantor "), hereby guarantees as to the Landlord, its successors and assigns, the full and prompt payment of rent and additional rent, including but not limited to, the Fixed Minimum Rent, Common Area Payment, Percentage Rent, Insurance Payment, Real Estate Tax Payment, utility charges, and other sums and charges payable by the Tenant, its successors and assigns, under the Lease, and full performance and observance of all covenants, terms, conditions and agreements therein provided to be performed and observed by Tenant, its successors and assigns, and the Guarantor hereby covenants and agrees to act with Landlord, its successors and assigns, that if default shall at any time be made by the Tenant, its successors and assigns, in the payment of any such rent and additional rent, payable by the Tenant under said Lease, or in the performance of any of the terms, covenants, provisions or conditions contained in said Lease, the Guarantor will forthwith pay such rent and additional rent to the Landlord, its successors and assigns, and any arrearage thereof, and will forthwith faithfully perform and fulfill all of such terms, covenants, conditions and provisions and will forthwith pay to Landlord all damages that may arise in consequence of any default by the Tenant, its successors and assigns, under the Lease including, without limitation, all reasonable attorneys' fees incurred by the Landlord or caused by any such default and by the enforcement of this Guaranty. This Guaranty is an absolute, continuing and unconditional Guaranty of payment and of performance. It shall be enforceable against the Guarantor, its successors and assigns, without the necessity for any suit or proceedings on the Landlord's part of any kind or nature whatsoever against the Tenant, its successors or assigns, and without the necessity of any notice of non - payment, non - performance, or non - observance or any notice of acceptance of this Guaranty of any other notice or demand to which the Guarantor might otherwise be entitled, all of which the Guarantor hereby expressly waives, and the Guarantor hereby expressly agrees that the validity of this Guaranty and the obligations of the Guarantor hereunder shall in no way be terminated, affected or impaired by reason of the assertion of the failure to assert by the Landlord against the Tenant, or the Tenant's successors and assigns, of any of the rights and remedies reserved to the Landlord pursuant to the provisions of the Lease. The Guaranty shall be a continuing Guaranty, for a period of five years, ending on April 30, 2005, and the liability of the Guarantor hereunder shall in no way be affected, modified or diminished by reason of any assignment, renewal, modification or extension of the Lease or by reason of any modification or waiver of or change in any of the terms, covenants, conditions or provisions of the Lease, or by reason of any dealings or transactions or matter or things occurring between the Landlord and the Tenant, its successors and assigns whether or not notice thereof is given to the Guarantor. This Guaranty cannot be assigned, transferred, modified, changed, altered or terminated by Guarantor in any manner whatsoever without the express written consent of the Landlord. Page 1 of 2 Guarantor agrees to pay all costs, expenses and fees of every nature and kind (including attorneys fees) incurred by Landlord in any proceedings to enforce this Guaranty. If the Guarantor named hereinabove is a corporation, the person executing this Guaranty in representative capacity does, by his /her said signature, personally warrant to Landlord his /her authority to execute this Guaranty on behalf of the corporation and bind the corporation to the terms of this Guaranty. GUARANTORS: SERGEY MURaDYAN & PETER MIRONOVICH By: Sergey Muradyan Bv: 10.4 Peter Mironovich Date: ©�. ZS, 0 O Date: 0 3 . OD Page 2 of 2 Pages ROM : HE GF .€ I EkC. '_ MZ -MUR II INC. THE GRET AMERICAN BAGEL 1130 STATE STREET LEMONT, IL 60439 57-1 OWNERS/LESSEE S ERG EY v/RAD M/ Program Participant DATE: !/ g , ✓ a EQUITY ATTAINMENT, INC. as Agent Property 'anager, Carolyn A. Rakunas DATE: O8 -03 -00 Au.?. 03 2000 01:33PM P1 DATE: a5-o 0 Rev. 7/99 TXTES DATE: - m 0 MIR -MUR II INC. THE GREAT AMERICAN BAGEL 1130 STATE STREET LEMONT, IL 60439 Applicant Name: File Number: I, $ EK V "1 UR/ DY/7Nhereby makc 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, 1 understand that all work performed is subject to development, building, permit, and agreement provisions. Dg, P 3, OO Applicant Signature Date of-o -*2 Carolyn A. Rakunas, Property Manager Date EQUITY ATTAINMENT, INC., as Agent 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. td '4dE" : to 000E E0 '6nb 6560 P2S Lb8 : '0N 3NCHd 120t Nb0Id3Wti 1b3d0 EH1 : 40d. MIR -MUR II INC. THE GREAT AMERICAN BAG I 1130 STATE STREET LEMONT, IL 60439 Applicant Name: File Number: PICTURE OF STORE FRONT AND PLACEMENT OF SIGNAGE ON STOREFRONT: MIR -MUR II INC. 'THE GREAT AMERICAN BAGEL 1130 STATE STREET Applicant Name: LEMONT, IL 60439 File Number: BUDGET (anticipated) ACTIVITY ESTIMATED COST Total Anticipated Grant Request: $ 750 - °Z Sign Designer for the Project: Name: P14 L D 0 51 `V CO) Address: 2110 c4R /44/ 41/5 1€I ver Gti7Ve 6017/ Phone: 708 'I.56 1 '71 1 Contractor for the Project: P ,4t U0 Co. ei i 0 6k,4/VD Ave- ,P, vzr Ur, rye 60/7/ `70,g 1.15-6 17/1 Name: Address: Phone: Application will be reviewed by the Economic Development Coordinator, Building Department and Community Development Director. 07/27;2000 99:94 708 -456 -3552 1 i1 Pith ao 1 if v PALM SIGN CO FAGS 03 • _aria7• cn G7 Z 07/27/2000 09:04 708-456 -3552 r 1 r 0"' :z PA DC SIGN CO I- -I CA 5- • • • • .w • ■ F4GE 0' rI. - \a../Irfprrc:-- row 0 cn z 0 07/27/2900 09:04 708 -456 -3552 1 0 CI 0 1 PALDC SIGN 00 FAGS 06