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R-32-13 Approving a Downtown Façade, Sign, and Site Improvement Grant for 308 Canal StVILLAGE OF LEMONT RESOLUTION NO. 'oZ -1,3 A RESOLUTION APPROVING A DOWNTOWN FACADE, SIGN, AND SITE IMPROVEMENT GRANT FOR 308 CANAL STREET IN LEMONT, IL ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 24' DAY OF NNE, 2013 Published in pamphlet form by Authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, this 24a day of June, 2013 A RESOLUTION APPROVING A DOWNTOWN FACADE, SIGN, AND SITE IMPROVEMENT GRANT FOR 308 CANAL STREET IN LEMONT, IL RESOLUTION NO. -13 WHEREAS, the Village Board of Trustees approved Ordinance 0 -51 -10 creating a Downtown Facade, Sign, and Site Improvement Grant Program (the "Facade Grant Program ") on the 260' of July, 2010; and WHEREAS, Jerry Kulhanek, the owner of the property at 308 Canal Street in Lemont, has applied for a grant under this program to renovate the facade of said building; and WHEREAS, the application was reviewed per 0 -51 -10 by the grant review committee, and the proposed work was found to be eligible for a grant under the Facade Grant Program; and WHEREAS, the review committee recommended a grant of $2,043.50. NOW, THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE, AND WILL, ILLINOIS: That the President be and is hereby authorized and directed, and the Village Clerk is directed to attest to the document known as "Downtown Facade, Sign, and Site Improvement Grant Agreement for 316 Canal Street," a copy of which is attached hereto and made a part hereof. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, on this 24th day of June, 2013. PRESIDENT AND VILLAGE BOARD MEMBERS: (�X4AIIW je M r /it� CHARLENE M. SMOLLEN Village Clerk NAYS: ABSENT: ABSTAIN BRIAN K. REAVES President AYES Debby Blatzer Paul Chialdikas Clifford Miklos �- Ron Stapleton Rick Sniegowski Jeanette Virgilio (�X4AIIW je M r /it� CHARLENE M. SMOLLEN Village Clerk NAYS: ABSENT: ABSTAIN BRIAN K. REAVES President I VILLAGE OF LEMONT 3 DOWNTOWN FACADE, SIGN, AND SITE IMPROVEMENT 4 GRANT PROGRAM AGREEMENT 6 THIS AGREEMENT, entered into this 7 day of June, 2013, between the Village of 7 Lemont, Illinois (hereinafter referred to as the "VILLAGE ") and the following designated 8 OWNER/LESSEE, to wit: 10 Owner's/Lessee's Name: Jerry Kulhanek 11 12 Address: 5100 S. Lawndale 13 14 City: McCook State: Illinois Zip Code: 60525 15 16 Name of Business: 17 18 Project Address(es): 308 Canal Street, Lemont IL 60439 19 20 WITNESSETH 21 Whereas, the VILLAGE has established a Downtown Facade, Sign, and Site 22 Improvement Grant Program for application within certain designated commercial 23 rehabilitation areas of the VILLAGE known as the Tax Increment Financing District; and 24 25 Whereas, said Downtown Facade, Sign, and Site Improvement Grant Program is 26 administered by the VILLAGE and is funded from District Revenues for purposes of control 27 and prevention of blight, dilapidation and deterioration of designated areas within the 28 District, and 29 30 Whereas, pursuant to said Program the VILLAGE has agreed to participate, subject 31 to its sole discretion, in sharing the costs of downtown building, sign, and site improvements 32 to commercial establishments within the District; and I Whereas, the OWNER's/LESSEE's property is located within the Tax Increment 2 Financing District/Downtown, a designated rehabilitation area, and the OWNER/LESSEE 3 desires to participate in the Downtown Fagade, Sign, and Site Improvement Grant Program 4 pursuant to the terms and provisions of this agreement. 6 NOW, THEREFORE, in consideration of the mutual covenants and agreement 7 obtained herein, the VILLAGE and OWNER/LESSEE do hereby agree as follows: 9 Section 1. COST SHARING. The VILLAGE shall reimburse the OWNER/LESSE 10 for fifty percent of the costs for property improvements, as described in Exhibit A, to the 11 OWNER's/LESSEE's property. The maximum amount of reimbursement for said 12 property improvements shall not exceed $2,043.50. The maximum amount of 13 reimbursement for sign installation/improvements shall not exceed $750.00, and the 14 maximum amount of reimbursement for architectural fees shall not exceed $1,000.00. 15 16 Section 2. PLAN APPROVAL. No building, sign, or site improvement shall be 17 undertaken until the building, sign, and/or site plans have been submitted to and approved by 18 the VILLAGE. Following approval, the OWNER/LESSEE shall cause all such 19 improvements to be completed within 180 days of the date of the approval of this 20 Agreement. 21 22 Section 3. REVIEW OF PROJECT. The Planning & Economic Development 23 Director shall periodically review the progress of the contractor's work on the building, sign, 24 and site improvements pursuant to this Agreement. Such inspections shall not replace any 25 required permit inspection by Village Inspectors. All work which is not in conformance with 26 the approved drawings and specifications shall be immediately remedied by the 27 OWNER/LESSEE and deficient or improper work shall be replaced and made to comply 28 with the approved drawings, specifications, and terms of this Agreement. 29 30 Section 4. DOCUMENTATION REQUIREMENTS. Upon completion of the 31 building and site improvement/historic preservation and upon its final inspection and 32 approval by the Building Department, the OWNER/LESSEE shall submit to the VILLAGE 33 a properly executed and notarized contractor statement and architect fee statement showing 34 the full cost of the work as well as each separate component amount due to the contractor 35 and each and every subcontractor involved in furnishing labor, materials, or equipment in the 36 work. I In addition, the OWNER/LESSEE shall submit to the VILLAGE proof of payment of the 2 contract cost pursuant to the contractor's and architect's statements. The VILLAGE shall, 3 within sixty days of receipt of the contractor's statement and proof of payment issue a 4 check to the OWNER /LESSEE. In no case shall the amount paid to the 5 OWNER /LESSEE exceed the amount specified in this Agreement or in the contractor's or 6 architect's statements. At the time of reimbursement and throughout the term of this 7 agreement, the land use and signage under the control of the OWNER/LESSEE shall be in 8 conformance with zoning and sign code provisions. 10 Section 5. FAILURE TO COMPLETE WORK. If the OWNER/LESSEE or his 11 contractor fails to complete the building, sign, or site improvements in conformity with the 12 plans provided for in Exhibits A, B, and C and in conformity with the provisions of this 13 Agreement, this Agreement shall terminate and the financial obligation on the part of the 14 VILLAGE shall cease and become null and void. 15 16 Section 6. FILING OF LIEN/MAINTENANCE OF IMPROVEMENT. Upon 17 completion of the building and site improvement work pursuant to this Agreement and for a 18 period of three (3) years thereafter, the OWNER/LESSEE shall be responsible for properly 19 maintaining such building and site improvement/historic preservation in its finished form and 20 without change or alteration thereto, as provided in this Agreement, and for the said period of 21 three (3) years following completion of the construction thereof, the OWNER/LESSEE shall 22 not enter into any Agreement or contract or take any other steps to alter, change or remove 23 such improvement, or the approved design thereof, nor shall OWNER/LESSEE undertake any 24 other changes, by contract or otherwise, to the improvement provided for in this Agreement 25 unless such changes are first submitted to the Planning & Economic Development Director, 26 and any additional review body or commission for approval; which approval shall not be 27 unreasonably withheld if the proposed changes do not substantially alter the original design 28 concept of the building and site improvements as specified in the drawings and plans 29 approved pursuant to this Agreement. In addition to this section, a lien on the 30 OWNER/LESSEE property shall be filed prior to the final payout of the program 31 reimbursement. 32 33 Section 7. UNRELATED IMPROVEMENTS. Nothing herein is intended to limit, 34 restrict or prohibit the OWNER/LESSEE from undertaking any other work in or about the 35 subject premises which is unrelated to the building, sign, and site improvement provided for 36 in this Agreement. 37 38 Section 8. AGREEMENT APPLICABLE TO FUTURE OWNERS. This 39 Agreement shall be binding upon the VILLAGE OF LEMONT and upon the 4o OWNER/LESSEE and its successors, to said property for a period of three years from and 41 after the date of completion and approval of the improvements provided for herein. It shall be 42 the responsibility of the OWNER/LESSEE to inform subsequent OWNER(s)/LESSEE(s) of 43 Section 7 of this Agreement. 44 I Section 9. VILLAGE INDEMNIFICATION REGARDING CONSTRUCTION. 2 The owner of the subject property agree to defend and hold harmless the Village from any 3 and all claims which may arise out of said owners' construction activities under this 4 Agreement. 5 6 Section 10. GENERAL INDEMNIFICATION. In the event that, as a result of this 7 Agreement, or actions taken as required hereunder, the VILLAGE is made a party defendant 8 in any litigation arising by reason of this Agreement, and development activities 9 contemplated hereunder, the owners agree to defend and hold harmless the VILLAGE, the 10 mayor, trustees, officers and agents thereof, individually and collectively, from any 11 suits and from any claims, demands, setoff or other action including but not limited to 12 judgments arising therefrom. The obligation of the owners hereunder shall include and 13 extend to payment of reasonable attorneys' fees for the representation of the VILLAGE and 14 its officers and agents in such litigation and includes expenses, court costs and fees; it 15 being understood that the owners where there shall be no applicable standards provided 16 therein, shall have the right to employ all such attorneys to represent the VILLAGE and its 17 officers and agents in such litigation, subject to the approval of the corporate authorities of 18 the VILLAGE, which approval shall not be unreasonably withheld. The owners shall have 19 the right to appeal to courts of appellate jurisdiction any judgment taken against the 20 VILLAGE or its officers or agents in this respect, and the Village shall join in any such 21 appeal taken by the owners. 22 23 Section 11. PERFORMANCE OF AGREEMENT. It is agreed that the parties hereto 24 may in law or in equity, by suit, action, mandamus, or any other proceeding, including 25 specific performance, enforce or compel the performance of this Agreement, which shall 26 include the right of the parties to recover a judgment for monetary damages against each 27 other, provided, however, that the owners shall not have a right to recover a judgment for 28 monetary damages against any elected or appointed official of the VILLAGE for any breach 29 of any of the terms of this Agreement. The VILLAGE reserves the right to maintain 30 an action to recover damages or any sums which owners have agreed to pay pursuant to this 31 Agreement and which have become due and remained unpaid. 32 33 Section 12. EXHIBITS. It is agreed that Exhibits A through B shall be considered 34 part of this agreement. 35 36 Section 13. DISPLAY OF VILLAGE FUNDING PROMOTIONAL MATERIAL. 37 The OWNEWLESSEE hereby agrees to prominently display a poster identifying the 38 property as receiving VILLAGE funding under the Downtown Fagade, Sign, and Site 39 Improvement Grant Program. The sign will be provided by the VILLAGE and shall be 4o displayed upon approval of this Agreement to no less than thirty days after final approval 41 and reimbursement is made. 42 43 44 2 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date first appearing above. OWNERS/LESSEE I' W Prope OWNER Date: 6— Z i- i 3 LESSEE Date: ATTEST: =�- V-1 M-611 mm T4 =1 VILLAGE OF LEMONT /�V--illageprex e t 5 Date: 6 -�4 /3