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R-77-99 Approving Village Participation in Tif Building and Site Grant ProgramVILLAGE OF LEM NT RESOLUTION NO. DATE to -45 em 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, Halina Brown, as the property owner for the property known as 215 Main Street has completed the Downtown Building & Site Improvement Grant application for Village participation of said property; and WHEREAS, Village Staff has reviewed the 215 Main 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 Eight Thousand Seven Hundred Fifteen Dollars ($8,715.00) 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, CQUNTIES OF COOK, DuPAGE AND WILL, ILLINOIS, on this Vii0' day of coe. , 1999. AYF�S NAYS PASSED ABSENT John Benik 4 Debby Blatzer v Keith Latz Connie Markiewicz Rick Rimbo / Mary Studebaker c/ Approved by me this (2S *day of Attest: CHARLENE SMO LEN, Village Clerk CHARLENE SMOLLEN, Village Clerk APPROVED AS TO FORM: i Village Attorne WASNESKI, Village President VILLAGE OF LEMONT BUILDING AND SITE IMPROVEMENT GRANT PROGRAM AGREEMENT TIF DISTRICT THIS AGREEMENT, entered into this 3 ( lay of U- C I , L=4 1, 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: ( L rk) Lt, w rJ Address: City: Si't p r State: Zip Code: in Lt. 3 Name of Business: S,�, a T V- .ly V c k , �y r . �u V��'p u � � e Project Address(es) i ).1\ A u ST L 1 Z 0 0_3 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 $ /,S for construction cost and $ 0 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 ($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. 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 ($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 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: 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: 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. WNERS/LE SE Program Participant Date: N2 ) 31' c Property Owner Date: D 1 .31 Form Rev. 7/99 OFFICIAL SEAL KAREN MAZA NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 8- 12.2000 4. i 8 Date: ATTEST: 10-A .S -9y Village Clerk Date: /0 --;?5- %7 EXIIIBIT I EXHIBITS PROOF OF OWNERSHIP IN FORM OF DEED OR TITLE INSURANCE POLICY (TAX BILL IS NOT ACCEPTABLE). •, Y • • • a • WOleilikeiNEWEAlmikkidgef EXHIBIT III COPY OF APPLICATION LXIIIDIT IV EXHIBIT V CONTRACTOR'S AGREEMENT E H•BIT I EXHIBIT VII SAMPLE LIEN SIGNED AND NOTORIZED. 9 GEORGE E. COLE® No. 810 REC LEGAL FORMS February 1996 WARRANTY DEED JoiatZetnancy Statutory (Illinois) (individual to Individual) CAUTION: Consult a lawyer before using or acting under this form. Neither the publisher nor the seller of this form makes any warranty with respect thereto, including any warranty or merchantability or fitness for a particular purpose. EXHIBIT I Above Space for Recorder's use only THE GRANTOR(S) LAWRENCE J. KWIATEK, SR., and ANN E. KWIATEK, his wife, and LAWRENCE J. KWIATEK, JR., a single person, of the Village of Lemont County of Cook State of Illinois for and in consideration of Ten and 00 /100 ($10) DOLLARS, and other good and valuable considerations in hand paid, CONVEY(S) and WARRANTS(S) to HALINA G. BROWN of 224 Cass Street Lemont, Illinois 60439 (Names and Address of Grantees) norI'uazic,y onm en, -in4O T 'FENANGY; the following described Real Estate situated in the County of Cook in the State of Illinois, to wit: Lot 9 in Brown Trustee's Subdivision of Lots 1 to 13, both inclusive, in that part of Block 10 South of the railroad in the Village of Lemont, in Section 20, Township 37 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois, hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of the State of Illinios. TO HAVE AND TO HOLD said premises not in tenancy in common, but in joint tenancy forever. Permanent Real Estate Index Number(s): 22-20- 308 - 009 -0000 Addresses) of Real Estate 215 Main Street, Lemont, Illinois 60439 Please print or type name(s) below signature(s) DATED this: 12th day of August 19 99 JswK•�•� �w •�i 3 (SEAL) e (SEAL) wrence J. Kwiatek, Sr. Lawrence Kwiatek, Jr. State of Illinois, County of Ann E. Kwiatek (SEAL) (SEAL) Cook ss. I, the undersigned, a Notary Public in and for said County, the State aforsaid, DO HEREBY CERTIFY that LAWRENCE J. KWIATEK,, SR. .nd ANN E. KWIATEK, his wife, and LAWRENCE J. KWIATEK, JR., a single rsonalry known to me to be the same persons whose name s are subscribed to the regoing instrument, appeared before me this day in person, and acknowledged that t hey signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth, including the release and waiver of the right of homestead. Project Address(es): Building Owner: Store /Company Name: Name of Tenant: Applicant Name: File Number: EXHIBIT III VILLAGE OF LEMONT BUILDING & SITE IMPROVEMENT GRANT PROGRAM TIF DISTRICT APPLICATION \ \A. A- N S \ ), C- kv in) IT, i to o \-t & ?* ow Year Purchased: lc\ q i 6�1v NT T- 9.11 -UL -4 J C . a 12z -A A.. 1k Lease Expiration Date: Applicant Name: Applicant Business Adores Applicant Business Phone: Applicant(s): Building Owner: �.. 61-o LO Iv S �I 0.�42:i uT�- b c)4313 1-1g0D Home Phone: l)30 as + gxo, �Ll U P G., P:if,014.) )Tenant: Number of Store Fronts: 1 Total Anticipated Budget: $ j1-) 430, o 13 Total Anticipated Grant Request: $ 9-1c, 03 Description of Proposed Improvements: * 0 c *-t rutA c lj y71/4'I L e o i a.1 S—rA 6a 'h P 7_,2 - v i c ) w i (►-I A) G t u ITT )_) G -A)-5.4 to r-rc 1<• L)5-j-A,1`L 4-w �Se41- 11JG'TVAf1eJ��LV}�iL�t1L (, �ttd�aJ�J� ��V�C1L4C1� ii -'C • ANTI I.) p � �I LA aU B Lt--r-s- "1-0S )1=.0 e1 L 04-1.1.-- `'dc, 60-LS 4 4m L c F‹ LA. t- tiv�Rc:i� t31Lc X11 cl� "STC P S ^' ) f)1.(1c cJ \1.0 SQ� * Attach elevations of proposed improvements (if available) w PICTURE OF STORE FRONT: Applicant Name: File Number: 8 1/2" X 10" PHOTO Applicant Name: File Number: BUDGET (anticipated) ACTIVITY ESTIMATED COST ate■■tC. 4-V (Ai I je V\ C i &IS-T 1--L. U Z w 10D 4 14 G-U tec. W i a 1 iJG D i T>•4 .T' J J • DO- 0 , r i.ss -r X1~1. L l uv b OA, \P AA-A, c.. S i 1 U 6 )—f .Act s N L106 IC- 11-1 t o ( z )S)-1\ 1►U 6 . -1" 1 ' U k . S_ 1 1 . C o A----11 ou (3 0 0 ) X 0 0 T.A1 N-sTh0a 00 S t t,,,... 0, 0u -rsib o T.it)t,:.1vU 4 V L1A-CC ©1. b vl1....0 0 ,(LS U 4'.w tig..,..0 Q D> Do 9��. )SG, vD _ 0 -D �SO �\ILANl ; C��A -x> 'A L1- mni-sc. '�4 t�017cJ1 h-A-C C b I . - uc L cJ '�1cZ L� kA u To ¢c+-A- Tq-i S G pc �-C7 "0 C p. otal Anticipated Grant Request: $ 30 , o Architect for the Project: Name: Address: Phone: Contractor for the Project: 1(2S o u rro ,L) 4 /IAA t � 6_ t -- `-) ` c)- 6 &)-r bkCbu1Le L coo tt lv Name: Address: Phone: Application will be reviewed by the Economic Development Coordinator , Building Department, and Community Development Director. I, Applicant Name: File Number: , to w , hereby make application to the Village of Lemont for a Building & Site Improvement Grant Program in the anticipated amount of $ ) S ) . 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. La-voAk) Building Owner Please return the completed application to: Economic Development Coordinator Village of Lemont 418 Main Street Lemont, IL 60439 Date Date '4Q If you need assistance with the application and/or have general inquiries, please contact the Economic Development Coordinator at (630) 257 -6440. $25,8701 EXHIBIT V Aug 20,1999 Quotation Peter's Construction & Remodeling 559 Belmont Dr. Romeoville, IL 60446 To: Tel. (815)886 -2808 Halina Brown Lemont Travel 215 Main St. Lemont, IL Dear Halina please accept my quote for the following: Hems Description Price 1 68 t0E 2 Construct utility room & remodel bedroom $730 3 —$44Ga 4 Install new 200 amp service , wiring , outlet , tiffs , switches $3,000 5 Install new drywalls & sealing, taping, plastering, sending, primer coating $1,800 6 Painting; who house outside &inside $850 7 Replace old floor with the new one (hard wood floor) $4,850 8 , 9 Bads yard ; clean out all debris & remove it out & build new porch $2,700 10 Replace windows & doors ; install new one $3,500 11 Rent a uw*syar X100 All above includes labor cost and materials Sincerely, Pete'{IVandtke 'Total EXHIBIT VII AGREEMENT CREATING LIEN ON REAL ESTATE The under igned, �l u o W , owner(s) of a ) S 'S T ,\ x.41 o jf L , Lemont, Illinois, having applied for Building & Site Improvement Grant Program from the Village of Lemont through the Tax Increment Financing does hereby grant a(len to the Vilkge of Itcmont, a Municipal Co rp oration, in the amount of t G ftDLtc Uc U tvt u V' 1,tLtN Fta.JDollars ($)1 '11 °' ) on the property commonly known as a \S H 4) S7 Lemont, Illinois 60439, and legally described as follows: Permanent Index Number: O' " l` - 0 - t 0 0 0 0 3 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 3 \ ' day of Form Rev. 7/99 ISAA1 G, Lt , 1999. STATE OF ILLINOIS } } SS: COUNTY OF COOK } I, the undersigned, a Not Public in and for said C ty, in the State aforesaid, DO HEREBY CERTIFY that 1R -1 Dh 11-- 0 \ 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. Notary Public OFFICIAL SEAL KAREN MAZA NOTARY PUBLIC, STATE OF LUNOIS MY COMMISSION EXPIRES 0.12.2000 This instrument was prepared by: VILLAGE OF LEMONT 418 Main Street Lemont, Illinois 60439 (630) 257 -6440