R-366-95 07/10/95VILLAGE OF LEMONT
RESO UT . ION NO. (G�ri
DATE -6 /4 1995
A RESOLUTION APPROVING VILLAGE PARTICIPATION OF FACADE GRANT
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, Compass Land Group LP, as the property owner known as.�97Stephen Street, has
completed the Downtown Facade Improvement Grant application for Village participation of said
property; and
WHEREAS, Village Staff has reviewed the 47 Stephen 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 47 Stephen Street 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 ONT, COUNTIES OF COOK, DuPAGE AND WILL, ILLINOIS, on
this / day of � , 1995.
AYES NAYS PASSED ABSENT
Barbara Buschman v
Alice Chin ✓
Keith Latz v
Cowie Markiewicz ✓
Rick *bobo V
Ralph Schubert
CHARLENE SMOLLEN, Village Clerk
Approved by me this /0 aday of
Attest:
(t L �r +ice
, 1995.
''HA"T A. KWASNESKI, Village President
vHARLENE SMOLLEN, Village Clerk
VILLAGE OF LEMONT
FACADE IMPROVEMENT GRANT PROGRAM
AGREEMENT
THIS AGREEMENT, entered into this 10 day of T, , 19`5j 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:
( con p 6s 6-,eouP /, P
Name of Business: (.r 6 tv►DAt, c cyu 5` I; cLa boas
Address:
City: Je, �,� t- State: ;,z l Zip Code: 604/34
WITNES SETH
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 agreed 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 Five Thousand
Dollars ($5,000.00) for construction cost and One Thousand Dollars ($1,000) for architect
fees; 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 Facade 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: The VILLAGE shall share in the facade 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 $5,000 for construction cost and $1,000 for architect fees.
The actual amount per this agreement shall not exceed $ 1 300 for construction
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cost and $ 0— 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 VILLAGE. Said design drawings and
specifications are attached hereto as Exhibit IV.
SECTION 2: 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 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 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 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 facade 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 Five Thousand Dollars
($5,000.00) whichever is less for construction cost; and one -half of the approved cost or
One Thousand Dollars ($1,000) which is less for architect fees. 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: 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.
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SECTION 6: Upon completion of the facade 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 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
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
Downtown Program Manager, and any additional review body or commission designated by
the Manager, 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 pursuant to this Agreement. In addition to
this section, a lien on the OWNER/LESSEE property shall be filed.
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
facade improvement provided for in this Agreement.
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SECTION 8: 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 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 VII shall be considered part of this
agreement.
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the
date first appearing above.
OWNERS/LESSEE
gram Participant
,DATE:
8
VILLAGE OF LEMONT
fel
illage ' resident
M; 7r9t
DATE:
DATE:
Village Clerk
EXHIBITS
EXHIBIT I PROOF OF OWNERSHIP
EXHIBIT II EXECUTED LEASE
EXHIBIT III COPY OF APPLICATION
EXHIBIT IV RENOVATION PLANS
EXHIBIT V CONTRACTOR'S AGREEMENT
EXHIBIT VI ARCHITECT'S AGREEMENT
EXHIBIT VII SAMPLE LIEN
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gi*3 ' Ri�1_6
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6 AGREEMENT CREATING LIEN ON REAL ESTATE
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The undersigned, £ 7,t/) �i' �q') A',( 6 �I /��s - 4.A , owner(s) of
y7 S.16Prdee S<aeFe i , Lemont, Illinois, having applied for
Facade Improvement & Historic Preservation 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 -17);/- /e—en //u rid t-c'd Dollars
($ /3o& 471) ) on the property commonly known as '/7 -57-6/4/e4/ 5'72'66- r ,
Lemont, Illinois 60439, and legally described as follows:
Lots 1 and 2 in Block 3 in Singer and TalcottStone Co's. Sub-
division of that part of the west 1/2 of the south east
1/4 of section 20, Township 37 North, Range 11 East of
the third Principal Meridian Lying North of the Illinois
Michigan Canal in Cook County, Illinois
. DEPT -01 RECORDING $23.5+
▪ T: 0003 TRAK 6565 05/22/96 09:50:00
x2652 r IBC # -96- 388016
COOK COUNTY RECORDER
a • DEPT -10 PENALTY $20.00
Permanent Index Number: — 20 - 7 --O 3
9tE138016
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 and if there is a business change less than three years after
grant work completion. If any of these two conditions occur, then the lien shall be payable
to the Village of Lemont. If any of these two conditions 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
, 1995.
STATE OF ILLINOIS }
} SS:
COUNTY OF COOK }
I, the undersigned, a Notary Public in and for said Count', in the State aforesaid,
DO HEREBY CERTIFY that e'. t /.✓ gv 1e f v 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
JENNIFER L KETCHERSID
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES:05/22i93
This instrument was prepared by:
VILLAGE OF LEMONT
Downtown Program
418 Main Street
Lemont, Illinois 60439
(708) 257 -6440
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