R-56-99 Grant a Resolution Approving Village Participation in Tif Facade Improvement ProgramVILLAGE OF LEMONT
RESOLUTION NO. R-56-q5
DATE 8/9/99
GRANT A RESOLUTION APPROVING VILLAGE PARTICIPATION IN TIF
FACADE IMPROVEMENT PROGRAM
WHEREAS, the Village of Lemont has adopted Ordinance 885, the Downtown Facade
Improvement 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 Facade Improvement Grant, the Village
Board of Trustees shall consider participation in building reinvestment; and
WHEREAS, Victor R. Markiewicz, as the property owner for the property known as 108
E. Illinois Street, has completed the Downtown Facade Improvement Grant application for
Village participation of said property; and
WHEREAS, Village Staff has reviewed the 108 E. Illinois Street application for
compliance with the Downtown Facade Improvement Grant guidelines and has
recommended approval of the request.
NOW, THEREFORE, BE IT RESOLVED, that the Village President is authorized to
execute the Facade Grant Agreement attached for Three Thousand One Hundred Dollars
($3,100.00) in accordance with the terms of the Downtown Facade 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 9th day of August , 1999.
John Benik
Debby Blatzer
Keith Latz
Connie Markiewicz
Rick Rimbo
Mary Studebaker
AYES NAYS PASSED ABSENT
U
v
v
V
Approved by me this 9 tIay of
Atte •
f
IMAM _��
CHARLENE SMOLLEN, Village Clerk
CHARLENE SMOLLEN, Village Clerk
August
, 1999.
'' 44%. II AI /1l// / ',
RICH RD A. K NESKI, Village Press nt
— 4----117' '141S1
APPROV ' D AS TO FORM:
Village Attorney
Applicant Name:
File Number:
VILLAGE OF LEMONT
FACADE IMPROVEMENT
GRANT PROGRAM
APPLICATION
Project Address(es): /0 9 ZLL/Nv, s %• a iv
Building Owner: Ve_ra,z R. Year Purchased:
Store /Company Name: j)274/,,,,<,/.5,.14/, c �gA4, /%m
Name of Tenant: — Lease Expiration Date: —
Applicant Name: Ke l o g ie. /l3 / K v. t' c
Applicant Business Address: /0 g /VD/ 5 -Cr l Eil/oNl
Applicant Business Phone: X57 - (3 L.,3 Home Phone: R5 7 - 5 & 9 9
Applicant(s): Building Owner: n) 9relo 1,),�Jenant: —'
Number of Store Fronts:
Total Anticipated Budget: $ Zoo • 00
Total Anticipated Grant Request: $ 31 lob . (K)
Description of Proposed Improvements:*
Corr1'tt'c7 P I c r+E1 Poor ave:e £ 4 ° ' T Po,P /MS 7 // /c$
* Attach elevations of proposed improvements (if available)
Applicant Name:
File Number:
PICTURE OF STORE FRONT:
Applicant Name:
File Number:
I. t6 cTa,e rf moRK) cz , hereby make application to the Village of Lemont for
a Facade Improvement Grant Program in the anticipated amount of
$ 3/700 • . 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 Facade
Improvements Grant Program Agreement and lien provisions. If approved, I understand
that all work performed is subject to development, building, permit, and agreement
provisions.
Apph"ant Signature Date
frry
7v9-9
Building Owne Date
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
(anticipated)
Total Anticipated Grant Request: S r ®0
Architect for the Project:
Name:
Address:
Phone:
N_,9.
Contractor for the Project:
Name:
Address:
Phone:
VtCT ole R i AfK!£Wtc
/0 8 YLL / ,uots .5 r
6 3o- a5p -63io3
Application will be reviewed by the Economic Development Coordinator , Building
Department, and Community Development Director.
ACTIVITY
ESTIMATED COST
fi (416-
(J7o
7J‘000
oe, P/,e6—
,/ se.-(
Me' )/Z/
•J:19b
44 (A1174)‘--
14,0 OD
'renr/Y-t-
6,200 00
Total Anticipated Grant Request: S r ®0
Architect for the Project:
Name:
Address:
Phone:
N_,9.
Contractor for the Project:
Name:
Address:
Phone:
VtCT ole R i AfK!£Wtc
/0 8 YLL / ,uots .5 r
6 3o- a5p -63io3
Application will be reviewed by the Economic Development Coordinator , Building
Department, and Community Development Director.
AGREEMENT CREATLNG LIEN ON REAL ESTATE
The undersigned, Vi C Tv 2 MgieK / 7 , owner(s) of
/37 /D N0, 5 S- . , Lemont, Illinois, having applied for
Facade 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 Dollars
($ ) on the property commonly known as
Lemont, Illinois 60439, and legally described as follows:
Permanent Index Number: 2-?o-3/'-Doi
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 , 1998.
Form Rev. 5/96
STATE OF ILLINOIS
} SS:
COUNTY OF COOK
I, the undersigned, a Notary Public iikand for 'GI County, in the State aforesaid,
DO HEREBY CER I LI Y that v i tiro( , 'Max Lull ti 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
ROSEMAY YATES
S
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 8.12.2000
This instrument was prepared by:
VILLAGE OF LEMONT
418 Main Street
Lemont, Illinois 60439
(630) 257 -6440
VH LAGE OF LEMONT
FACADE LMPROVEMENT GRANT PROGRAM
AGREEMENT
THIS AGREEMENT, entered into this day of , I9_, between the
Village of Lemont, Illinois (hereinafter referred to as the "Village ") and the following
desixiated OWNER/LESSEE, to wit:
Owner's/Lessee's Name: V CTo2 r4h-R lS i E tv c c 2—
Address: /a sy Aeao e Z R.
City: G, Eh')UI7%% State: XL_ Zip Code: 1p O Y3
Name of Business:
Project Address(es)
47rneKrE Lvi cZ //ac/eR� An-) E
lf -72-l--,071,01 S S C , 4 eo o,v 7
WITNESSETH
Whereas, the VILLAGE has established a Facade Improvement Grant Program for
application within certain designated commercial rehabilitation areas of the VILLAGE
known as the Tax Increment Financing District; and
Whereas, said Facade 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 weed to participate, subject to its
sole discretion, in sharing the cost of Facade 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 (510,000.00) for construction and architectural cost. Architectural fees shall be
limited to a One Thousand Dollars (31,000.00) reimbursement; and
Whereas, the OWNER's /LE SSEE's property is Located within the Tax Increment
Financing District /Downtown, a designated rehabilitation area, and the OWNER/LESSEE
desires to participate in the Facade Improvement Grant Program pursuant to the terms and
provisions of this agreement.
NOW, THEREFORE, Li 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 facade
improvement cost and architect fee cost for the OWNER's/LESSEE's property up to f
percent (50 %), up to a maximum amount not exceeding Ten Thousand Dollars
(S10,000.00) for construction and architectural cost. Architectural reimbursement shall be
One Thousand Dollars (S1,000.00) . The actual amount per this agreement shall not
exceed S 4/Ofor construction cost and S for architect fees. The
facade 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 VTT.LAGE. Said desigzi drawings and specifications are attached hereto as
Exhibit IV.
SECTION 2: DESIGN APPROVAL - No facade improvement or historic preservation
work shall be undertaken until the design therefore has been submitted to and approved by
the Building Department. Following approval, the OWNER/LESSEE shall contract for the
work and stall 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 facade 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
3
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 facade
improvement'l istoric 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 OW -ERLESSEE 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 OWNERLESSEE in payment of: one -half of the approved cost or Ten
Thousand Dollars (510,000.00) whichever is less. In no case shall the amount paid to the
OW ERLESSEE 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 FAILURE TO COMPLETE WORK - If the OWNER/LESSEE or his
contractor fail to complete the facade 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: FILLS G OF LIEN/MAINTENANCE OF IMPROVEMENT - Upon
completion of the facade improvement work pursuant to this Agreement and for a period of
three (3) years thereafter, the OWNERLESSEE shall be responsible for properly
maintaining such facade 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 facade, or the approved design thereof, nor shall O'N ERLESSEE undertake any
other changes, by contract or otherwise, to the improvement provided for in this Agreement
unless such changes are firs: 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 facade as specified in the drawings and plans approved purst';Int to this
Agreement. In addition to this section, a lien on the OW ERLESSEE property shall be
filed prior to the fino1 payout of the program reimbursement.
SECTION 7: UNRELATED IMPROVEMENTS - Nothing herein is intended to limit,
restrict or prohibit the OW ERLESSEE from undertaking any other work in or about the
5
subject premises which is unrelated to the facade improvement provided for in this
Agreement.
SECTION 8: AGREEMENT APPLICABLE TO FUTURE OWNERS - Tnis Agreement
shall be binding upon the VILLAGE OF LEMONT and upon the OWNERLESSEE 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 OWNERI.ESSEE to inform subsequent OWNER(s)/LESSEE(s) of
Section 6 of this Agreement.
SECTION 9: MA IL T3/1 GRANT AWARDS - Nothing in this Agreement shall prohibit a
business or property owner from applying for more than one Grant. However. a Ten
Thousand Dollar (510.000.00) total limitation shall apply to all Sign Grants, Facade 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.
SECTION 10: 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.
6
SECTION 11: GENERAL INDEMNIFICATION - In the event that, as a result of this
Agreement, or actions taken as required hereunder, the Village is mPde 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
sbPil 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: PERFOR'LANCE 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 judg.rnent for
monetary damages against any elected or appointed official of the Village for any breach of
7
any of the terms of this Agreement. The Village reserves the right to maintain an action to
recover damages or any sums which owners have agreed to pay pursuant to this Agreement
and which have become due and remained unpaid.
SECTION 13: EXHIBITS - It is agreed that Exhibits I through VII shall be considered
part of this agreement.
SECTION 14: DISPLAY OF VILLAGE FUNDING PROMOTIONAL NLATERIAL - 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.
8
Lei WITNESS THEREOF, the parties hereto have executed this Agreement on the
date first appearing above.
OWNERS/LESSEE
Program Participant
DATE: (G o2 7W,
Property Owner
DATE:
Form Rev.5i96
�ya� i9A�
9
illage Clerk
DATE: ( 9
EXHIBITS
EXHIBIT I PROOF OF OWNERSHIP
EXHIBIT II EXECUTED LEASE
EXHIBIT III COPY OF APPLICATION
EXIIIBIT IV RENOVATION PLANS
EXHIBIT V CONTRACTOR'S AGREEMENT
EXHIBIT VI ARCHITECT'S AGREEMENT
EXHIBIT VII SAMPLE LTFN
Use the top portion of this form if:
1. A change of name and /or change of mailing address is desired on the real
estate property record.
2. If your property address is different than your mailing address.
If you want to make the above changes, fill out the top portion on the
reverse side of this form and return it with your payment.
Verify your Permanent Real Estate Index Number by checking your deed.
2
2
A
PERMANENT REAL ESTATE INDEX NUMBER
2
0
SA
3
1
4
BLK
0
0
1
PCL
0
0
0
0
UNIT
Our mortgage
'gvh8 toy:
CfOw::;i048 —ftll
............ :..:...........................
461 :......... :...
0 6 214 ,.
VOLUME 6‘
€<: kg' 1"> �I' �' �f[::> w', �'' ll'; �" f' �::>: r:::: <�ff�;:- .....:::........C�...� .'.S...t.f1�'::f".fi�.
# MANENT < REAL: ESTATE: iNDi X <NU
....................................................... ...............................
or::::..ear:; real: >:::estate:>::
yswr:::.:�anc tl!��.,;:citec� :: yvlll' sew ::es ;y¢�.. elnporartr . reo �pt:<.
The ;second;:: install Went to i}e. mailed at a ':later date, wttl;
irld�date your balance due and vitrl contain your 1st installment
flee >
.n ter:
xemptioi if:<: °:: appl cab[e, will be reflect l < >` ail`:, the 2 d:
CCOUttIV
sf ious.tf' $10th €may
Is :calculated for;<<you.
as :date f: payment
Before
1999? �TI#a <scl4edile >tieltirii
;month ;pennalty;: an
L1.S, Postmark is accepted
T$EE1k:t#ifS <:t}a iES> >:<U:.... YM NT: 4OU$T ti 111 :6>
::}i.98.:.:: c>::: 04/01/99
......................
TOTtI
:'F'�Rtul',kN£NF:;REIXL� £,^x,7iSiC-`'iiiFDEX 3vi11vS�ft_.,. „.;,wOLiM�.:
LEM
1439::= :3840
57292
DETACH LOWER PORTION AND RETURN WITH YOUR 1998 TAX PAYMENT
UT YOUR PERMANENT REAL ESTATE INDEX NUMBER ON YOUR CHECK MADE PAYABLE TO: COOK COUNTY COLLECT
MIL
A
0 N OT SUBS-If
Is C''T a ^„
D
T
^' 1 u
A P {
t ^. : Ffi r- C ,
m
T2
OVA
L
'MBE
i
■r
iiiiiiiiiiiiiiiiiiiiiiii
1
i. .t
.
�7
earl]
•1an,)' :. rr, 4
• .d.,d
03 •.d.,V ;
I
fi
`S1Ot1'Si.
-
a
1
rj, 111
■
'i
,
,11i21°'
1 .„ i • I. ,- .-
■
■ ■ ■� ■
7-
■
■_■
ii
ill:
■■
f
A ■■
IliddifillaWAIK*:.iii
E■
A...
r,.
. MitilleRMI
k' ' "
* Mil Effl, M r itie ■fri A L
A4
_114411
■ ■' ■
■ ■ ■��
■■
■ ■ ■®
islairaL
' ■i ■iiifiii■n
ti - " ■■
■■
■ ■ ■ ■ ■ ■ ■
■ ■ti' 111111
® ■�■
d a
iifiiii'
' ` marilitiiiuiri ■rian
_
:
■ ■Miiiiil.
U ■ ■
■ ■ ■
■ ■■ AO s
■
:ii
_
. :.
11111Wilia
NI
IMMIE11/11111 AIM
■ ■ ■��
■ ■�
211111ii1f■
■ ■
■ ■ ■t ■ ■� iikillM
■■■
R■
= Xz - 'MAN
■■iIENE ■ ■ ■Illiifikil
1511111 El
Z