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R-363-95 06/12/95VILLAGE OF LEMONT RESOLUTION NO. 363 DATE cl- 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, Ken and Susan Jacobowski and Chester and Shirley Zapszalka, as property owners known as 119 Stephen Street, have completed the Downtown Facade Improvement Grant application for Village participation of said property; and WHEREAS, Village Staff has reviewed the 119 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 119 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 MONT, COUNTIES OF COOK, DuPAGE AND WILL, ILLINOIS, on this /a day of , 1995. AYES NAYS PASSED ABSENT Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert RLENE SMOLLEN, Village Clerk Approved by me this /o flay of 9644,,t_e Attest: , 1995. CHARLENE SMOLLEN, Village Clerk RD KWASNESKI, Village President te 3 VILLAGE OF LEMONT FACADE IMPROVEMENT GRANT 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: Ken & Susan Jacobowski and Chester & Shirley Zapszalka Address: 1277 Eaglecrest City: Lemont State: IL Zip Code: 60439 Name of Business: Property Owners of 119 Stephen Street Project Address(es) 119 Stephen Street, Lemont, IL 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: 2 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 $5,000 for construction cost and $1,000 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 3 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. 4 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. 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. 5 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. 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 6 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. 7 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date first appearing above. NERS/LESSEE Ivry Participant DATE: DATE: 8 VILLAGE OF LEMONT age ' resident DATE: ATTEST: Village Clerk DATE: 6' ld _ �,- EXHIBITS EXHIBIT I PROOF OF OWNERSHIP EXHIBIT II EXECUTED LEASE EXHIBIT III COPY OF APPLICATION EXHIBIT IV RENOVATION PLANS EXHIBIT V SAMPLE LIEN