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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 16 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