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O-896-95 08/14/95VILLAGE OF LEMONT ORDINANCE NO. 21 AN ORDINANCE AUTHORIZING DOWNTOWN PRIVATE SIGNAGE GRANT ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This /% es day of, Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will, and DuPage, llinois, this /K-Coe.... day of 1995 1995. ORDINANCE NO. 896 AN ORDINANCE AUTHORIZING DOWNTOWN PRIVATE SIGNAGE GRANT WHEREAS, the Village of Lemont adopted Ordinance 690 approving a Tax Increment Redevelopment Plan and Redevelopment Project for the Downtown Redevelopment Project Area; and WHEREAS, pursuant to said Plan, the Village of Lemont is desirous of implementing an improvement program to encourage renovation, new construction, improved building facades, and improved signage within the T.I.F. District. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, STATE OF ILLINOIS, AS FOLLOWS: SECTION 1: The PROGRAM PROCEDURE as outlined in the attached brochure entitled "Village of Lemont Private Signage Grant Program for Downtown T.I.F. District" is hereby approved. SECTION 2: The Private Signage Grant Program application and supporting documents which are attached to this Ordinance are hereby approved. SECTION 3: The Mayor and Clerk for the Village of Lemont are hereby authorized to execute any and all documents necessary to effectuate and implement the Private Signage Grant Program and to expend the Village funds from the T.I.F. account consistent with the terms of this ordinance. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 5: All Ordinances or parts of Ordinances in conflict herewith shall be and the same are hereby repealed. SECTION 6:, The Village Clerk of the Village of Lemont shall certify to the adoption of this Ordinance and cause the same to be published in pamphlet form. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS, on this /�'l�, day of Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Richard G. Rimbo Ralph Schobert 1995. AYES NAYS PASSED ABSENT. c/ v 1 CHARLENE SMOLLEN, Village Clerk Approved by me this / -lay of 1995. RICHARD KWASNESKI, Village President CHARLENE SMOLLEN, Village Clerk GRANT PROCEDURE Applicant obtains Village Sign Grant Guidelines and sample agreement. Applicant retains sign contractor. Applicant completes Village Sign Grant Application. Village reviews project components and determines if project is eligible. Written agreement is approved and recorded. Applicant submits completed project to Village for review of expenses. After review, the Village will reimburse applicant. The Village holds the right to reject any and all projects. All projects are subject to funding availability. For futher information: Downtown Program Village of Lemont 418 Main Street Lemont, 1L 60439 (708) 257 -6440 This program is sponsored by the Vil- lage of Lemont and is funded through property tax generated in the Downtown Tax Increment Finance District. VILLAGE OF LEMONT PRIVATE SIGNAGE GRANT PROGRAM FOR DOWNTOWN TIF DISTRICT VILLAGE OF LEMONT PRIVATE SIGNAGE IMPROVEMENT PROGRAM AGREEMENT THIS AGREEMENT, entered into this day of , 19 the Village of Lemont, Illinois_(hereinafter referred to as the "Village ") and the following designated OWNER/LESSEE, to wit: Owner's/Lessee's Name: Name of Business: Address: City: State: Zip Code: WITNESSETH Whereas, the VILLAGE has established a Private Signage Improvement Program for application within certain designated commercial rehabilitation areas of the VILLAGE known as the Tax Increment Financing District; and Whereas, said Private Signage Improvement 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 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 Two Hundred Fifty Dollars ($250) per sign for sign design and sign procurement; 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 Private Signage Improvement 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: 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 Two Hundred Fifty Dollars ($250) per sign. The actual amount per this agreement shall not exceed $ . The signage design and procurement costs which are eligible for VILLAGE participation include all labor, materials, equipment 2 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: No private signage 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 shall commence and complete all such work within one hundred eighty (180) days from the date of such approval. SECTION 3: The Downtown Program Manager 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: 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 3 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 Two Hundred Fifty Dollars ($250) 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 statements. At time of reimbursement and throughout the term of this agreement, all signage under the control of the OWNERLESSEE shall be in conformance with Village sign code provisions. SECTION 5: 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: 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 OWNER/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 4 undertake any other changes, by contract or otherwise, to the improvement provided for in this Agreement unless such changes are first submitted to the Downtown Program Manager, and any additional review body or commission designated by the Manager, 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: 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: This Agreement shall be binding upon the VILLAGE OF LEMONT and upon the OWNER/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. 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 10. 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 11. 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 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 12: It is agreed that exhibits I through V shall be considered part of this agreement. 7 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date first appearing above. OWNERS/LESSEE AGE OF LEMONT Program Participant Vi age President DATE: DATE: ATTEST: Property Owner Village Clerk DATE: DATE: 8 EXHIBITS EXHIBIT I PROOF OF OWNERSHIP EXHIBIT II EXECUTED LEASE EXIIIBIT III COPY OF APPLICATION EXHIBIT IV SIGNAGE PLANS EXHIBIT V CONTRACTOR'S AGREEMENT Project Address(es): Building Owner: Store /Company Name: Name of Tenant: Applicant Name: File Number: VILLAGE OF LEMONT PRIVATE SIGNAGE IMPROVEMENT GRANT APPLICATION Year Purchased: Lease Expiration Date: Applicant Name: Applicant Business Address: Applicant Business Phone: Home Phone: Applicant(s): Building Owner: Tenant: Number of Signs (max. three): Total Anticipated Budget: $ Total Anticipated Grant Request: $ Description of Proposed Signage:* * Signage placement on buildng Applicant Name: File Number: PICTURE OF STORE FRONT AND PLACEMENT OF SIGNAGE ON STOREFRONT: 8 1/2" X 10" PHOTO Applicant Name: File Number: BUDGET (anticipated) ACTIVITY ESTIMATED COST Total Anticipated Grant Request: $ Sign Designer for the Project: Name: Address: Phone: Contractor for the Project: Name: Address: Phone: Application will be reviewed by the Downtown Program Manager. I, Applicant Name: File Number: , hereby make 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, I understand that all work performed is subject to development, building, permit, and agreement provisions. Applicant Signature Date Building Owner Date Please return the completed application to: Downtown Program Manager Village of Lemont 418 Main Street Lemont, IL 60439 If you need assistance with the application and/or have general inquiries, please contact the Downtown Program Manager at (708) 257 -6440.