R-87-99 Approving village participation in Tif building and site grant programVILLAGE OF LEMONT
RESOLUTION NO!r'�- O C)
DATE I • -2-0
GRANT A RESOLUTION APPROVING VILLAGE PARTICIPATION IN TIF
BUILDING AND SITE GRANT PROGRAM
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, Canal Street Holdings, as the property owner for the property known as
316 Canal Street , has completed the Downtown Building & Site Improvement Grant
application for Village participation of said property; and
WHEREAS, Village Staff has reviewed the 316 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 & Site Grant Agreement attached for Ten Thousand Seven Hundred
Fifty Dollars ($10,750.00) 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 2.24day of �t» aw , 1999.
John Benik
Debby Blatzer
Keith Latz
Connie Markiewicz
Rick Rimbo
Mary Studebaker
AYES NAYS PASSED ABSENT
Approved by me this _ day of
, 1999.
Village Clerk
„„_46 -nee., l Q . 1,14)(0.41,..04_4.
RICn A. WASN SKI, Village President
Village Clerk
APPROVED AS TO FORM:
iC
Village Attorney
316 Canal Street
• VILLAGE OF LEMONT
BUILDING AND SITE IMPROVEMENT GRANT PROGRAM
AGREEMENT
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: owisr, srmer HOLDINGS, LLC
Address: 307 Canal Street
City: Lemont State: IL Zip Code: 60439
Name of Business: Canal Street Holdings, LLC
Project Address(es)
316 Canal Street, Lemont
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 $ /O, 7Sa as for
construction cost and S ' C� 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
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 (510750.00) whichever is lest. 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.
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 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; installation of landscaping which meets Downtown
Streetscape Master Plan; paving for existing parking lots, lighting & striping (does not
apply to new parking lots or expansion of existing parking lots); replacing or upgrading of
stormwater, curbing, replacement of retaining walls, electrical wiring upgrades, interior
sprinkler systems, fire alarm systems, elevators, interior 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 (S10,750 00) total limitation shall apply to all
Sim: 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
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: EXHIBTTS - 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.
7
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date
first appearing above.
OWNERS/LESSEE
Program Participant
Date:
CANAL bite.e.f HOLDINGS, LLC
BY=
Property Owner
Date: to -oZ —"!7
Form Rev. 7/99
8
LG a e y ONT/
rif I
Village President
Date: t
ATTEST:
)21),)
Date: -2,-Z -01q
EXHIBIT I
EXHIBITS
PROOF OF OWNERSHIP IN FORM OF DEED OR
TITLE INSURANCE POLICY (TAX BILL IS NOT
ACCEPTABLE).
•• • • • •• • •
YY L
L
P
WhE
EXHIBIT III COPY OF APPLICATION
EXHIBIT IV RENOVATION PLANS
E &I CONTRACTOR'
'LXIIIDIT VI ARCIIITLCT'3 AGREEMENT
EXHIBIT VII SAMPLE LIEN SIGNED AND NOTORIZED.
9
CHICAGO TITLE INSURANCE COMPANY
OWNER'S POLICY (1992)
SCHEDULE A
EXHIBIT I
POLICY NO.: 1410 007817014 HL
DATE OF POLICY: MAY 18, 1999
AMOUNT OF INSURANCE: $189,000.00
1. NAME OF INSURED:
CANAL STREET HOLDINGS, LLC
2. THE ESTATE OR INTEREST IN THE LAND AND WHICH IS COVERED BY THIS POLICY IS A
FEE SIMPLE, UNLESS OTHERWISE NOTED.
3. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
THE INSURED.
4. THE LAND HEREIN DESCRIBED IS ENCUMBERED BY THE FOLLOWING MORTGAGE OR TRUST DEED
AND ASSIGNMENTS:
NONE
AND THE MORTGAGES OR TRUST DEEDS, IF ANY, SHOWN IN SCHEDULE B HEREOF.
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED.
UP1)IAI' _
VB1 06/16/99
14:36:10
CHICAGO 111LE INSURANCE COMPANY
OWNER'S POLICY (1992)
SCHEDULE A (CONTINUED)
POLICY NO.: 1410 007817014 HL
5. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
LOT 3 (EXCEPT RAILROAD) IN BLOCK 34 IN KEEPOTAW IN THE WEST 1/2 OF THE SOUTHEAST
1/4 OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS.
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED.
VB1 06/16/99 14:36:10
Applicant Name: CANAL bitirx;r HOLDINCZ (316)
File Number:
EXHIBIT III
VILLAGE OF LEMONT
BUILDING & SITE IMPROVEMENT
GRANT PROGRAM
TIF DISTRICT
APPLICATION
Project Address(es): 316 Canal Street
Building Owner: CANAL STREET HOLDINGS, LLC Year Purchased: 1999
Store /Company Name: Canal Street Collectibles
Name of Tenant: Lease Expiration Date:
Applicant Name: CANAL STREET HOLDINGS, LLC
Applicant Business Address: 3316 Canal Street
Applicant Business Phone: 630 - 257 -6483 Home Phone: 708- 361 -3524
Applicant(s): Building Owner: Tenant:
Number of Store Fronts:
Total Anticipated Budget:
Total Anticipated Grant Request:
1
$ 38,550.00
$ 10,750.00
Description of Proposed Improvements:*
Purchase and install new signage, tuckpoint exterior masonary surfaces,
replace roof, install new gutters, re -paint exterior walls, redesign and
construct front entry as set forth on Renovation Plans attached hereto
as Exhibit A.
* Attach elevations of proposed improvements (if available)
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L 'E ?N J 9PE DEMO NO. 2
Applicant Name: CANAL STREET HOLDINGS (316)
File Number:
its
w.., � ter..:+.. ,. � _ � .. .. °��.,.i.�i,.'r �.a :•� .�......
Applicant Name: CANAL STREET HOLDINGS (316)
File Number:
CANAL STREET HOLDINGS LLC , hereby make application to the Village of Lemont for
a Building & Site Improvement Grant Program in the anticipated amount of
$ 10,750.00
. 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.
CANAL STREET HOLDINGS LLC
/6 :z3-�Y'
Applicant Date
CANAL STREET HOLDINGS LLC
Building
Please return the completed application to:
Economic Development Coordinator
Village of Lemont
418 Main Street
Lemont. IL 60439
Date
Attorney for Applicant:
Michael D. Hughes
Hughes & Cebula, Ltd.
19815 Governors Hwy., Suite 11
Flossmoor, IL 60422
708 - 799 -3700
If you need assistance with the application and/or have general 'inquiries, please contact the
Economic Development Coordinator at (630) 257- 6440.
Applicant Name: CANAL STREET HOLDINGS ( 316 )
File Number:
BUDGET
(anticipated)
ACTIVITY
ESTIMATED COST
SEE RENOVATION VATION PLANS ATTACHED HERE'T'O
AS EXHIBIT A
$38,550.00
Total Anticipated Grant Request: $ 10, 750.00
Architect for the Project:
Name: N/A
Address:
Phone:
Contractor for the Project:
Name: R. Gregory Schwartz
Address: 307 Canal Street, Lemont, IL 60439
Phone: 630 - 257 -6483
Application will be reviewed by the Economic Development Coordinator , Building
Department, and Community Development Director.
EXHIBIT IV
RENOVATION PLANS: 316 Canal Street
A. New Front Signs $ 2,000.00
B. Tuckpointing $11,600.00
North, south and west walls
C. Replace Roof and Install New Gutters $ 8,450.00
Work to be performed by Norton Sons Roofing Co., Inc., Lemont, Illinois
D. Repaint Exterior Walls $ 1,500.00
E. Redo Front $15.000.00
TOTAL ESTIMATED REPAIRS $38,550.00
Greg Schwartz to be general contractor. All subcontractors used will be licensed and
bonded. All work will be done in a professional, workman-like manner, and conform to
all applicable codes.
C:\DOC 1\JM \Caaalstrenovations.316.doc
EXHIBIT VII
316 Canal Street
AGREEMENT CREATING LIEN ON REAL ESTATE
The undersigned, CANAL S1:Kut HOLDINGS. L.L.C. , owner(s) of
107 �*al gut. , Lemont, Illinois, having applied for
Building & Site Improvement Grant Program from the Village of Lemont through the Tax
Increment Financing does hereby grant a lien to the Village of Lemont, a Municipal
Corporation, in the amount of Ten Thousand Seven Hundred Fifty Dollars
($ 10 , 750 .(1)03n the property commonly known as 116 ' - Street,
Lemont, Illinois 60439, and legally described as follows: Lot 3 ( except railroad)
in Block 34 in Keepotaw, a subdivision the west half of the
Southeast quarter of Section 20, Township 37 North, Range 11,
East of the Third.Principal Meridiap, in Cook County, Illinois
Permanent Index Number: 22 -20- 418 - 006 -0000
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 day of , 1999.
Form Rev. 7/99
C'A1VAT. S'PRF'FT T�'�T DTNC'Sr L L C
STATE OF ILLINOIS }
} SS:
COUNTY OF COOK }
I, the undersigned, a Notary Public in and for said County, in the State aforesaid,
DO HEREBY CERTIFY that
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.
This instrument was prepared by:
VILLAGE OF LEMONT
418 Main Street
Lemont, Illinois 60439
(630) 257 -6440
n._..
Ian N 1Nc/
Notary Public �
rc 5 a