O-55-11 Ord Approving Downtown Facade - 114 Stephen St.VILLAGE OF LEMONT
ORDINANCE NO. d -55.1)
AN ORDINANCE APPROVING A DOWNTOWN FA ()ADE, SIGN, AND SITE
IMPROVEMENT GRANT FOR 114 STEPHEN STREET IN LEMONT, IL
(114 Stephen St Facade Grant)
ADOPTED BY THE
PRESIDENT AND THE BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 22ND DAY OF AUGUST, 2011
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 22 "d day of August, 2011
ORDINANCE NO.0 -9',
AN ORDINANCE APPROVING A DOWNTOWN FA(ADE, SIGN, AND SITE
IMPROVEMENT GRANT FOR 114 STEPHEN STREET IN LEMONT, IL
(114 Stephen St Facade Grant)
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, Richard Forzley, owner of the building at 114 Stephen 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 $4,765.50.
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 114 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 22nd day of August, 2011.
AYES NAYS ABSENT ABSTAIN
Debby Blatzer
Paul Chialdikas
Clifford Miklos 1%
Ron Stapleton ✓
Rick Sniegowski
Jeanette Virgilio
Attest:
v
Appr
d by me this 2 "" . ay of August, 2011
K. REAVES, Village President
*% / / /r'.
HARLENE M. SM i L N, Village Clerk
1 VILLAGE OF LEMONT
2
3
4
5
DOWNTOWN FACADE, SIGN, AND SITE IMPROVEMENT
GRANT PROGRAM AGREEMENT
6 THIS AGREEMENT, entered into this day of , 2011, between the
7 Village of Lemont, Illinois (hereinafter referred to as the "VILLAGE ") and the following
8 designated OWNER/LESSEE, to wit:
9
10 Owner's /Lessee's Name: Richard Forzley
11
12 Address: 114 Stephen St,
13
14 City: Lemont State: Illinois Zip Code: 60439
15
16 Name of Business: N/A
17
18 Project Address(es): 114 Stephen 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
1
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.
5
6 NOW, THEREFORE, in consideration of the mutual covenants and agreement
7 obtained herein, the VILLAGE and OWNER/LESSEE do hereby agree as follows:
8
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 $4,765.50. The maximum amount of
13 reimbursement for sign installation/improvements shall not exceed $750.00, and the maximum
14 amount of reimbursement for architectural fees shall not exceed $1,000.00.
15
16 Section 2. DOCUMENTATION REQUIREMENTS. Upon completion of the building
17 and site improvement/historic preservation and upon its final inspection and approval by the
18 Building Department, the OWNER/LESSEE shall submit to the VILLAGE a properly executed
19 and notarized contractor statement and architect fee statement showing the full cost of the work
20 as well as each separate component amount due to the contractor and each and every
21 subcontractor involved in furnishing labor, materials, or equipment in the work. In addition, the
22 OWNER/LESSEE shall submit to the VILLAGE proof of payment of the contract cost pursuant
23 to the contractor's and architect's statements. The VILLAGE shall, within sixty days of receipt
24 of the contractor's statement and proof of payment issue a check to the
25 OWNER /LESSEE. In no case shall the amount paid to the OWNER /LESSEE exceed
26 the amount specified in this Agreement or in the contractor's or architect's statements. At the
27 time of reimbursement and throughout the term of this agreement, the land use and signage
28 under the control of the OWNER/LESSEE shall be in conformance with zoning and sign code
29 provisions.
30
31 Section 3. FILING OF LIEN /MAINTENANCE OF IMPROVEMENT. Upon
32 completion of the building and site improvement work pursuant to this Agreement and for a
33 period of three (3) years thereafter, the OWNER/LESSEE shall be responsible for properly
34 maintaining such building and site improvement /historic preservation in its finished form and
35 without change or alteration thereto, as provided in this Agreement, and for the said period of
36 three (3) years following completion of the construction thereof, the OWNER/LESSEE shall not
37 enter into any Agreement or contract or take any other steps to alter, change or remove such
38 improvement, or the approved design thereof, nor shall OWNER/LESSEE undertake any other
39 changes, by contract or otherwise, to the improvement provided for in this Agreement unless
40 such changes are first submitted to the Planning & Economic Development Director, and any
41 additional review body or commission for approval; which approval shall not be unreasonably
42 withheld if the proposed changes do not substantially alter the original design concept of the
43 building and site improvements as specified in the drawings and plans approved pursuant to this
44 Agreement. In addition to this section, a lien on the OWNER/LESSEE property shall be filed
45 prior to the final payout of the program reimbursement.
46
2
1 Section 4. UNRELATED IMPROVEMENTS. Nothing herein is intended to limit,
2 restrict or prohibit the OWNER/LESSEE from undertaking any other work in or about the
3 subject premises which is unrelated to the building, sign, and site improvement provided for in
4 this Agreement.
5
6 Section 5. AGREEMENT APPLICABLE TO FUTURE OWNERS. This Agreement
7 shall be binding upon the VILLAGE OF LEMONT and upon the OWNER/LESSEE and its
8 successors, to said property for a period of three years from and after the date of completion and
9 approval of the improvements provided for herein. It shall be the responsibility of the
10 OWNER/LESSEE to inform subsequent OWNER(s) /LESSEE(s) of Section 7 of this
11 Agreement.
12
13 Section 6. VILLAGE INDEMNIFICATION REGARDING CONSTRUCTION. The
14 owner of the subject property agree to defend and hold harmless the Village from any and all
15 claims which may arise out of said owners' construction activities under this Agreement.
16
17 Section 7. GENERAL INDEMNIFICATION. In the event that, as a result of this
18 Agreement, or actions taken as required hereunder, the VILLAGE is made a party defendant in
19 any litigation arising by reason of this Agreement, and development activities contemplated
20 hereunder, the owners agree to defend and hold harmless the VILLAGE, the mayor, trustees,
21 officers and agents thereof, individually and collectively, from any suits and from any
22 claims, demands, setoff or other action including but not limited to judgments arising therefrom.
23 The obligation of the owners hereunder shall include and extend to payment of reasonable
24 attorneys' fees for the representation of the VILLAGE and its officers and agents in such
25 litigation and includes expenses, court costs and fees; it being understood that the owners
26 where there shall be no applicable standards provided therein, shall have the right to employ
27 all such attorneys to represent the VILLAGE and its officers and agents in such litigation,
28 subject to the approval of the corporate authorities of the VILLAGE, which approval shall not
29 be unreasonably withheld. The owners shall have the right to appeal to courts of appellate
30 jurisdiction any judgment taken against the VILLAGE or its officers or agents in this respect,
31 and the Village shall join in any such appeal taken by the owners.
32
33 Section 8. PERFORMANCE OF AGREEMENT. It is agreed that the parties hereto may
34 in law or in equity, by suit, action, mandamus, or any other proceeding, including specific
35 performance, enforce or compel the performance of this Agreement, which shall include the right
36 of the parties to recover a judgment for monetary damages against each other, provided,
37 however, that the owners shall not have a right to recover a judgment for monetary damages
38 against any elected or appointed official of the VILLAGE for any breach of any of the terms
39 of this Agreement. The VILLAGE reserves the right to maintain an action to recover
40 damages or any sums which owners have agreed to pay pursuant to this Agreement and which
41 have become due and remained unpaid.
42
43 Section 9. EXHIBITS. It is agreed that Exhibits A and B shall be considered part of
44 this agreement.
45
46 Section 10. DISPLAY OF VILLAGE FUNDING PROMOTIONAL MATERIAL.
3
1 The OWNER/LESSEE hereby agrees to prominently display a poster identifying the property
2 as receiving VILLAGE funding under the Downtown Facade, Sign, and Site Improvement
3 Grant Program. The sign will be provided by the VILLAGE and shall be displayed upon
4 approval of this Agreement to no less than thirty days after final approval and reimbursement
5 is made.
6
7
8 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date
9 first appearing above.
10
11
12
13
14
15 OWNERS/LESSEE VILL • GE OF LEMONT
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17
18
19 Property OWNER/LESSEE
20
21
22 Date:
23
24
25
26 LESSEE
27
28 Date:
29
30
31
32
33
34
35
36 ATTEST:
37
38
39
40 Village Clerk
4
ge Pre
Date:
EXHIBIT A - DESCRIPTION OF WORK, PAGE 1 OF 7
1111 ERAINCOAT ROOFING
1111111:4SYSTEIVISI INC.
CHICAGOLAND'S #1 RUBBER ROOFING INSTALLERS
January 5, 2011
Forzley Clothing
114 Stephan St.
Lemont, IL 60439
Attention: Rich Forzley
Regarding: Flat Roof Replacement above Warehouse
Approximately 700 sq. ft. flat
Approximately 300 sq. ft. flashing
Small Side Roof 4' x 24'
Dear Rich:
Thank you for considering Raincoat Roofing Systems, Inc. for your roofing needs. We
appreciate your business.
Enclosed please find our proposals for roof replacement on the two roofs mentioned above.
Listed below are a few "open issues" which will need to be resolved before we can finalize a
contract.
1. City of Lemont insulation requirement R -20 minimum.
2. Tapered roof insulation sloped 1/6" per foot, 1' /2" low point, 3' /z" high point.
3. Door threshold flashing height.
4. Downspout revisions on upper sloped roof.
5. Roof top venting.
SPECIFICATION A: TEAR OFF FLAT ROOF
1. Tear off old roofing, down to a solid substrate, and haul it away.
EXTRAS: If any bad decking is found, it will be replaced on a time and material cost
basis.
1750 WEST PARKES DRIVE, BROADVIEW, ILLINOIS 60155
PHONE (708) 681 -5757 FAX (708) 681 -57
STATE OF ILLINOIS LICENSE NO. 104.000394
EXHIBIT A - DESCRIPTION OF WORK, PAGE 2 OF 7
2. This proposal is based on the idea that when the existing wall flashing is removed the
masonry wall will be in adequate shape to adhere our new flashing to.
EXTRAS: If restoration is needed the following prices will be utilized:
Tuckpointing only $8.00 per square foot
Grinding then tuckpointing $12.50 per square foot
*Brick replacement is not reflected in either cost.
3. We will loosen the metal siding where the flat roof meets the house and install our new
flashing. We will install new metal slip flashing under the existing metal siding.
4. Furnish and install new cant strip along the walls to create a 45- degree angle for flashing.
5. Furnish and install tapered Isocyanurate roof insulation sloped 1/6" per foot, 11/2" low
point, 3V2" high point. New insulation will be mechanically attached using special plates
and screws.
6. Furnish and install a peel and stick base ply over the new insulation.
7. One continuous sheet of Certainteed Flintlastic white modified bitumen is then installed
by heat fusing as per the manufacturer's specifications.
8. After coping tile is removed, the walls and perimeter will be flashed using heavy -duty
modified bitumen membrane. Modified bitumen roofing membranes, due to their
strength, puncture resistance, elasticity, and proven long life are particularly suitable for
use in flashing systems. The built -in adhesive layer ensures high bond strength masonry,
wood, and concrete, and at the same time, provides a high strength welded lap. Reset
coping.
EXTRAS: If any coping tiles are broken, they will be replaced at an additional charge.
9. The walls and projections will be flashed using one ply of Certainteed Flintlastic
membrane. Certainteed roofing membranes, due to their strength, puncture resistance,
elasticity, and proven long life are particularly suitable for use in flashing system. The
built -up adhesive layer ensures high bond strength to masonry, wood and concrete, and at
the same time, provides a high strength welded lap.
10. We will reuse the existing gutter and downspout (20 lineal feet).
EXHIBIT A - DESCRIPTION OF WORK, PAGE 3 OF 7
11. We have included removing the top boards of the top stair landing and one 2 x 4 framing
board sitting at the gutter edge.
EXTRAS: Should rotted or damaged wood framing above or below the roof be found it
will be replaced at an additional cost on a time and material basis.
12. We will furnish and install new metal threshold door flashing and tie in under the existing
door threshold.
13. Small pockets of water may remain after the field is installed since perfect pitch on an old
structure flat roof is difficult if not impossible to achieve.
Upon completion and full payment, the manufacturer will issue its standard Twelve (12) year
material warranty.
Upon completion and full payment, the above work will be guaranteed for a period of Twelve
(12) years by Raincoat Roofing Systems, Inc. using our standard warranty forms.
ALL of the above work for Specification A, other than any approved extras, will be done for
the sum of Nine Thousand One Hundred Seventy Five Dollars ($9,175.00).
SPECIFICATION B: SIDE ROOF
1. Tear off old roofing, down to a solid substrate, and haul it away.
EXTRAS: If any bad decking is found, it will be replaced on a time and material cost
basis.
2. This proposal is based on the idea that when the existing wall flashing is removed the
masonry wall will be in adequate shape to adhere our new flashing to.
EXTRAS: If restoration is needed the following prices will be utilized:
Tuckpointing only $8.00 per square foot
Grinding then tuckpointing $12.50 per square foot
*Brick replacement is not reflected in either cost.
3. We will loosen the metal siding where the flat roof meets the house and install our new
flashing. We will install new metal slip flashing under the existing metal siding.
4. Furnish and install 1.5" Isocyanurate insulation mechanically fastened to the roof deck
using screws and plates.
5. Furnish and install new cant strip along the walls to create a 45- degree angle for flashing.
EXHIBIT A - DESCRIPTION OF WORK, PAGE 4 OF 7
6. Furnish and install peel and stick base ply over the new insulation.
7. One continuous sheet of Certainteed Flintlastic white modified bitumen is then installed
by heat fusing as per the manufacturer's specifications.
8. After coping tile is removed, the walls and perimeter will be flashed using heavy -duty
modified bitumen membrane. Modified bitumen roofing membranes, due to their
strength, puncture resistance, elasticity, and proven long life are particularly suitable for
use in flashing systems. The built -in adhesive layer ensures high bond strength masonry,
wood, and concrete, and at the same time, provides a high strength welded lap. Reset
coping.
EXTRAS: If any coping tiles are broken, they will be replaced at an additional charge.
9. The walls and projections will be flashed using one ply of Certainteed Flintlastic
membrane. Certainteed roofing membranes, due to their strength, puncture resistance,
elasticity, and proven long life are particularly suitable for use in flashing system. The
built -up adhesive layer ensures high bond strength to masonry, wood and concrete, and at
the same time, provides a high strength welded lap.
10. We shall furnish and install all new .gutters, fabricated of 26 gauge galvanized steel (24
lineal feet). New gutters shall be properly braced and counterflashed back onto roof, then
stripped into new membrane.
11. We shall furnish and install all new downspouts fabricated of 26 gauge galvanized steel.
12. We shall furnish and install all new compression style surface mount counterflashing
fabricated of 26 gauge galvanized steel, properly secured with appropriate fasteners, and
sealed with urethane caulk.
Upon completion and full payment, the manufacturer will issue its standard Twelve (12) year
material warranty.
Upon completion and full payment, the above work will be guaranteed for a period of Twelve
(12) years by Raincoat Roofing Systems, Inc. using our standard warranty forms.
ALL of the above work for Specification B, other than any approved extras, will be done for
the sum of One Thousand Five Hundred Dollars ($1,500.00).
4
EXHIBIT A - DESCRIPTION OF WORK, PAGE 5 OF 7
OPTION #1: DOWNSPOUT MODIFICATIONS
We will modify two existing downspouts extending down from the upper sloped roof.
At one downspout we will change two elbows and divert water to the small side roof in lieu of
dumping out on the main roof. The downspout will lead into a 4' long open faced metal trough
adhered to the roof.
At the second downspout we will install new elbows and return the water flow into the original
existing wall mounted horizontal downspout.
ALL of the above work for Option #1, other than any approved extras, will be done for the
sum of Three Hundred Fifty Six Dollars {$356.00).
TERMS:
Because we try always to be price competitive our terms are net on receipt of invoice. All
payments become past due ten days from invoice date and will have a service charge of 2% per
month (24% per year) added to original purchase price. All collection costs and legal fees
incurred to collect past due bills must also be paid.
%3 before start
Balance upon completion
EXTRAS: We have not included the city's permit costs. These costs are based on a percent of
the contract value. Some cities do not have permit costs. We will apply for and secure a permit
should it become necessary. The costs for the permit and expeditor, if necessary, will be in
addition to our base bid.
Our proposed roof system options are subject to your city review / code process. Should
complete roof tear off or additional insulation be required we may have to revise our scope of
work which will be an additional cost.
All materials are warranted finest quality and fresh stock; they carry the Underwriter's
APPROVED LABEL.
Fully insured workmen will do all work. A certificate of insurance will be mailed upon request.
Any approved additional work that becomes necessary will be done on a time and material basis.
The additional costs will be calculated as follows:
Time will be billed at an additional cost of $89.00 per man -hour.
Materials will be billed at cost plus 15%.
5
EXHIBIT A - DESCRIPTION OF WORK, PAGE 6 OF 7
NOTES:
We will use the greatest amount of care during the execution of the above quoted work to avoid
damage to the interior and exterior of the property and adjacent landscaping.
Although our installers will do their best to minimize the dust and noise (hammering) produced,
past experience has shown that the following should be expected as normal by the owner as a
result of such major construction (tear -off and reroofing work):
• Dust and small pieces of old roofing will fall through any open sheathing boards into open
attics during the tear -off of the old roofing. You may want to cover items stored in an open
attic with construction plastic or sheets to protect them from dust and roofing debris.
Our workers do not clean-up attics and /or remove debris from attics.
• A certain amount of dust will also fall on the outside of the building during the removal of
the old roofing.
Windows should be closed!
• Nails in ceiling may "pop" and ceiling may crack as a result of movement in the structure as
the old roofing (the weight) is being removed from the building.
• It may be necessary for you to check your fixtures, pictures, mirrors or anything hanging on
the walls to be certain they are secure while we're reroofing your property.
Remove anything that might be loosened during nail pounding.
• At the time of tear -off, it is also the best time to have the defective gutter replaced. Although
we will take the utmost care during the removal of the roofing, damaged and/or improperly
installed aluminum gutters may incur additional damage as the old roofing is being removed.
• Minor trampling of the grass or the breakage of twigs (items that would be expected to be
self - restoring with the next season's growth).
RAINCOAT ROOFING SYSTEMS, INC. will not be liable for damages should any of the above
conditions occur.
7
EXHIBIT A - DESCRIPTION OF WORK, PAGE 7 OF 7
NOTE:
Raincoat Roofing's scope of work is above the structural roof deck.
We cannot be responsible for items below the roof deck either before we start or after we finish.
Items that go through the roof, such as pipes, conduit, mechanical vents, etc., may become
disconnected or debris inside them, such as rust, may fall and clog the pipe.
During roofing work, the deck may relax due to weight being taken off. This may cause
problems with existing roof protrusions and could result in damaging older rusted vents, pipes,
etc.
NOTE:
Contractor's scope of work shall not include the identification, detection, abatement,
encapsulation or removal of asbestos, mold or similar hazardous substances. If the contractor
encounters any such products or materials in the course of performing its work, or if such
hazardous materials are encountered by any other firm performing work at the job site and the
contractor determines that such materials present a hazard to its employees, the contractor shall
have the right to discontinue its work and remove its employees from the job site until such
products or materials and any hazards connected therewith, are located and abated, encapsulated
or removed, or it is determined that no hazard exists (as the case may require), and the contractor
shalt receive an extension of time to complete its work hereunder and compensation for delays
encountered as a result of such situation and correction.
Contractor's price is based upon there not being electrical conduit or other materials embedded
within the roof assembly, unless expressly identified on the face of this proposal. Customer will
indemnify Contractor from any personal injury, property damage, claim, loss, or expense
resulting from the presence of electrical conduit; shall render the conduit harmless as to avoid
injury to Contractor's personnel; and shall compensate Contractor for additional time, labor and
expense resulting from the presence of such materials.
Contractor is not responsible for the design of structural ventilation or any
moisture/condensation/mold problems that may occur before, during or after contract work.
Once again thank you for considering us. If you have any questions please call me.
Sincerely,
RAINCOAT ROOFING SYSTEMS, INC.
DAVE LEMBAS
6
1 EXHIBIT B - 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 Four Thousand Seven Hundred Sixty -Five Dollars and Fifty
7 Cents ($4,765.50) on the property commonly known as 114 Stephen Street, Lemont, Illinois
8 60439, and legally described as follows:
9
10 Permanent Index Number: 22 -20- 404 - 013 -0000
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.
18
DATED this
day of
STATE OF ILLINOIS }
} SS:
COUNTY OF COOK }
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY that 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.
Notary Public
This instrument was prepared by:
VILLAGE OF LEMONT
418 Main Street
Lemont, Illinois 60439