O-82-10 Ord Approving Downtown Facade/Sign/Site GrantVILLAGE OF LEMONT
ORDINANCE NO.0 _ l0
AN ORDINANCE APPROVING A DOWNTOWN FACADE, SIGN, AND SITE
IMPROVEMENT GRANT FOR 115 STEPHEN STREET IN LEMONT, IL
ADOPTED BY THE
PRESIDENT AND THE BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 25TH DAY OF OCTOBER, 2010
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 25th day of October, 2010.
AN ORDINANCE APPROVING A DOWNTOWN FACADE, SIGN, AND SITE
IMPROVEMENT GRANT FOR 115 STEPHEN STREET IN LEMONT, IL
ORDINANCE NO. D`" ?a`w
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 26th of July, 2010; and
WHEREAS, the Owner of the property at 115 Stephen Street in Lemont has applied for a
grant under this program to add one awning to the 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 recommends a grant of $1,068.00.
NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE, AND
WILL, ILLINOIS:.
SECTION 1: That the President be and is herby 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 115 Stephen Street, a copy of which is attached hereto and
made a part hereof.
SECTION 2: That this ordinance shall be in full force and effect from and after its
passage, approval, and publication in pamphlet form as provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DuPAGE,
ILLINOIS, on this 25th day of October, 2010.
AYES NAYS ABSENT ABSTAIN
Debby Blatzer V
Paul Chialdikas V
Clifford Miklos V
Ron Stapleton V
Rick Sniegowski
Jeanette Virgilio 'V
Approved by me this 25th day of October, 2010
Attest:
RIAN K. REAVES, Village President
ARLENE M. SMOLLEN, Village Clerk
EXHIBIT A
Site Plan
Exhibit B
Findings of Fact
1. The proposed special use does not involve any combustible or hazardous material and
therefore will not create any excessive demands on Village services.
2. The proposed special use is consistent with the existing land uses on surrounding property and
will not have a negative impact on nearby properties.
1 VILLAGE OF LEMONT
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DOWNTOWN FACADE, SIGN, AND SITE IMPROVEMENT
GRANT PROGRAM AGREEMENT, 115 STEPHEN STREET
6 THIS AGREEMENT, entered into this day of , 2010, between the
7 Village of Lemont, Illinois (hereinafter referred to as the "VILLAGE ") and the following
8 designated OWNER/LESSEE, to wit:
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10 Owner's /Lessee's Name: Loren D. Jahn
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12 Address:
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14 City: State: Zip Code:
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17 Name of Business: Nail Academy
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19 Project Address(es): 115 Stephen Street, Lemont
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21 WITNESSETH
22 Whereas, the VILLAGE has established a Downtown Facade, Sign, and Site
23 Improvement Grant Program for application within certain designated commercial
24 rehabilitation areas of the VILLAGE known as the Tax Increment Financing District; and
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26 Whereas, said Downtown Facade, Sign, and Site Improvement Grant Program is
27 administered by the VILLAGE and is funded from District Revenues for purposes of control
28 and prevention of blight, dilapidation and deterioration of designated areas within the
29 District, and
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31 Whereas, pursuant to said Program the VILLAGE has agreed to participate, subject
32 to its sole discretion, in sharing the costs of downtown building, sign, and site improvements
33 to commercial establishments within the District; and
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1 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 Facade, Sign, and Site Improvement Grant Program
4 pursuant to the terms and provisions of this agreement.
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6 NOW, THEREFORE, in consideration of the mutual covenants and agreement
7 obtained herein, the VILLAGE and OWNER/LESSEE do hereby agree as follows:
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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 C, to the
11 OWNER's / LESSEE's property. The maximum amount of reimbursement for said
12 property improvements shall not exceed $1,068.00. 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. .
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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.
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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.
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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.
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1 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.
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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 Exhibit A and in conformity with the provisions of this Agreement, this
13 Agreement shall terminate and the financial obligation on the part of the VILLAGE shall
14 cease and become null and void.
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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.
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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.
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38 Section 8. AGREEMENT APPLICABLE TO FUTURE OWNERS. This
39 Agreement shall be binding upon the VILLAGE OF LEMONT and upon the
40 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.
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1 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.
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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.
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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.
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33 Section 12. EXHIBITS. It is agreed that Exhibits I through VII shall be considered
34 part of this agreement.
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36 Section 13. DISPLAY OF VILLAGE FUNDING PROMOTIONAL MATERIAL.
37 The OWNER/LESSEE hereby agrees to prominently display a poster identifying the
38 property as receiving VILLAGE funding under the Downtown Facade, Sign, and Site
39 Improvement Grant Program. The sign will be provided by the VILLAGE and shall be
40 displayed upon approval of this Agreement to no less than thirty days after final approval
41 and reimbursement is made.
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2 first appearing above.
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5 OWNERS/LESSEE
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9 Property OWNER
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12 Date:
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16 LESSEE
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18 Date:
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26 ATTEST:
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date
Village C erk
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VILLAGE OF LEMONT
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Village President
Date:
EXHIBITS
PROOF OF OWNERSHIP IN FORM OF DEED OR
TITLE INSURANCE POLICY (TAX BILL IS NOT
ACCEPTABLE).
SAMPLE LIEN SIGNED AND NOTARIZED
DESCRIPTION OF WORK FOR WHICH
GRANT IS AWARDED
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1 AGREEMENT CREATING LIEN ON REAL ESTATE
2 The undersigned, , owner(s) of
3 , Lemont, Illinois, having applied for
4 Downtown Facade, Sign, and Site Improvement Grant Program from the Village of Lemont
5 through TIF Financing District do hereby grant a lien to the Village of Lemont, a Municipal
6 Corporation, in the amount of Dollars
7 ($ ) on the property commonly known as
8 Lemont, Illinois 60439, and legally described as follows:
9
10 Permanent Index Number:
11 The undersigned acknowledges that the aforesaid lien shall exist from the date of this
12 instrument, and shall become due if any facade alterations occur less than three years after
13 grant work completion. If this condition occurs, then the lien shall be payable to the Village
14 of Lemont. If this condition does not occur, then the lien shall be removed.
15 The undersigned grants to the Village of Lemont the right to assign, transfer or set over
16 to any other municipal corporation or any part thereof all of the right, title and interest in and
17 to said lien without reservations.
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DATED this
day of
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1 STATE OF ILLINOIS }
2 } SS:
3 COUNTY OF COOK }
4 I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
5 HEREBY CERTIFY that is known to
6 me to be the same person(s) whose name(s) is /are subscribed to the foregoing instrument,
7 appeared before me this day in person, and acknowledged that he /she /they signed, sealed, and
8 delivered the said instrument as a free and voluntary act for the uses and purposes therein set
9 forth.
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11 Notary Public
12 This instrument was prepared by:
13 VILLAGE OF LEMONT
14 418 Main Street
15 Lemont, Illinois 60439
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1 EXHIBIT C
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3 DESCRIPTION OF WORK FOR WHICH GRANT IS AWARDED:
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5 Add one awning, black with white lettering /trim, to facade as approved by the Historic
6 Preservation Commission's Certificate of Appropriateness