O-56-11 Approving Downtown FacadeVILLAGE OF LE ONT
ORDINANCE NO. 7(7
AN ORDINANCE APPROVING A DOWNTOWN FACADE, SIGN, AND SITE
IMPROVEMENT GRANT FOR 110 STEPHEN STREET IN LEMONT, IL
(Tom's Place 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
AN ORDINANCE APPROVING A DOWNTOWN FACADE, SIGN, AND SITE
IMPROVEMENT GRANT FOR 110 STEPHEN STREET IN LEMONT, IL
(Tom's Place Facade Grant)
ORDINANCE NO.
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, Mark Laketa, the owner of the property and building at 110 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 $4,301.00.
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 110 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 22 "d day of August, 2011.
Debby Blatzer
Paul Chialdikas
Clifford Miklos
AYES NAYS ABSENT ABSTAIN
v
J
Ron Stapleton
Rick Sniegowski
Jeanette Virgilio
Attest:
v
Appro, : by me th_ _ day of August, 2011
N K. •• ES, Village President
HARLENE M. SMO LEN, 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: Mark Laketa
11
12 Address: 3407 Lockner Blvd,
13
14 City: Joliet State: Illinois Zip Code: 60431
15
16 Name of Business: Tom's Place
17
18 Project Address(es): 110 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 $4,301.00. 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.
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.
2
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, within
3 sixty days of receipt of the contractor's statement and proof of payment issue a check to the
4 OWNER /LESSEE. In no case shall the amount paid to the OWNER /LESSEE exceed
5 the amount specified in this Agreement or in the contractor's or architect's statements. At the
6 time of reimbursement and throughout the term of this agreement, the land use and signage under
7 the control of the OWNER/LESSEE shall be in conformance with zoning and sign code
8 provisions.
9
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 plans
12 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 cease
14 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 not
22 enter into any Agreement or contract or take any other steps to alter, change or remove such
23 improvement, or the approved design thereof, nor shall OWNER/LESSEE undertake any other
24 changes, by contract or otherwise, to the improvement provided for in this Agreement unless
25 such changes are first submitted to the Planning & Economic Development Director, and any
26 additional review body or commission for approval; which approval shall not be unreasonably
27 withheld if the proposed changes do not substantially alter the original design concept of the
28 building and site improvements as specified in the drawings and plans approved pursuant to this
29 Agreement. In addition to this section, a lien on the OWNER/LESSEE property shall be filed
30 prior to the final payout of the program reimbursement.
31
32 Section 7. UNRELATED IMPROVEMENTS. Nothing herein is intended to limit,
33 restrict or prohibit the OWNER/LESSEE from undertaking any other work in or about the
34 subject premises which is unrelated to the building, sign, and site improvement provided for in
35 this Agreement.
36
37 Section 8. AGREEMENT APPLICABLE TO FUTURE OWNERS. This Agreement
38 shall be binding upon the VILLAGE OF LEMONT and upon the OWNER/LESSEE and its
39 successors, to said property for a period of three years from and after the date of completion and
40 approval of the improvements provided for herein. It shall be the responsibility of the
41 OWNER/LESSEE to inform subsequent OWNER(s) /LESSEE(s) of Section 7 of this
42 Agreement.
43
44 Section 9. VILLAGE INDEMNIFICATION REGARDING CONSTRUCTION. The
45 owner of the subject property agree to defend and hold harmless the Village from any and all
46 claims which may arise out of said owners' construction activities under this Agreement.
3
1
2 Section 10. GENERAL INDEMNIFICATION. In the event that, as a result of this
3 Agreement, or actions taken as required hereunder, the VILLAGE is made a party defendant in
4 any litigation arising by reason of this Agreement, and development activities contemplated
5 hereunder, the owners agree to defend and hold harmless the VILLAGE, the mayor, trustees,
6 officers and agents thereof, individually and collectively, from any suits and from any
7 claims, demands, setoff or other action including but not limited to judgments arising therefrom.
8 The obligation of the owners hereunder shall include and extend to payment of reasonable
9 attorneys' fees for the representation of the VILLAGE and its officers and agents in such
10 litigation and includes expenses, court costs and fees; it being understood that the owners
11 where there shall be no applicable standards provided therein, shall have the right to employ
12 all such attorneys to represent the VILLAGE and its officers and agents in such litigation,
13 subject to the approval of the corporate authorities of the VILLAGE, which approval shall not
14 be unreasonably withheld. The owners shall have the right to appeal to courts of appellate
15 jurisdiction any judgment taken against the VILLAGE or its officers or agents in this respect,
16 and the Village shall join in any such appeal taken by the owners.
17
18 Section 11. PERFORMANCE OF AGREEMENT. It is agreed that the parties hereto
19 may in law or in equity, by suit, action, mandamus, or any other proceeding, including specific
20 performance, enforce or compel the performance of this Agreement, which shall include the right
21 of the parties to recover a judgment for monetary damages against each other, provided,
22 however, that the owners shall not have a right to recover a judgment for monetary damages
23 against any elected or appointed official of the VILLAGE for any breach of any of the terms
24 of this Agreement. The VILLAGE reserves the right to maintain an action to recover
25 damages or any sums which owners have agreed to pay pursuant to this Agreement and which
26 have become due and remained unpaid.
27
28 Section 12. EXHIBITS. It is agreed that Exhibits A and B shall be considered part of
29 this agreement.
30
31 Section 13. DISPLAY OF VILLAGE FUNDING PROMOTIONAL MATERIAL.
32 The OWNER/LESSEE hereby agrees to prominently display a poster identifying the property
33 as receiving VILLAGE funding under the Downtown Facade, Sign, and Site Improvement
34 Grant Program. The sign will be provided by the VILLAGE and shall be displayed upon
35 approval of this Agreement to no less than thirty days after final approval and reimbursement
36 is made.
37
38
39 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date
40 first appearing above.
41
42
43
44
45
46
4
1 OWNERS/LESSEE VILLA . E OF LEMONT
2
3
4
5 Property OWNER
6
7
8 Date:
9
10
11
12 LESSEE
13
14 Date:
15
16
17
18
19
20
21
22 ATTEST:
23
24
25 By
26
27
/
Village lerk
Date:
Presid
EXHIBIT A — DESCRIPTION OF WORK TO BE COMPLETED, PAGE 1 OF 2
Chesterfield Tuning Co.
16099 Van Dam Road South Holland, IL 60473 Website :www.chesterfeidawning_com
Phone (708) 596 -4434 Fax: (708) 696-9468
Tcxn's Place
110 Stephen Si.
Lemont, IL 60439
Phone: 630-257-9875 Mark
Email. Toms Place iemantta@com.;}t.net
CONTRACT / ESTIMATE
TWO (2) custom canvas awnings made and installed
Style: might
Sixes: 2 at 224" wide x 36" projection x 36" drop
Fabric: Sunbrella #4631 - Burgundy
Bonier: S" - style to be determined
Binding: #18 w Linen
Frame: Welded aluminum square tubing frames
Graphics: TOM'S PLACE
0" painted on Linen
Any font style
Centered on border of each awning $4196,00
"To make awninge with a 72" projection x 38" drop (Per Village ordinance)
$6202.00
*Cost of permits wilt be added to total price
Installation: Approx. 6 - 7 weeks
Terms: 50% dawn - balance upon installation
Customer
July 30, 2011
Total Price.
Down Payment ...
Balance due
Date: Sales: Edward J, Ritzeova
After the =many me into production on this merthondles, this contract cannot he canceled and the purchaser h reepoosiitte fel the
whale amount contreettnt herein. no merdandtss b Vi. Rrooerty cfthe Chesterfield Awning Company. Inc, until the whole sweet of the
contract is pfd in OA A service drove el 1 Yi percent monthly wii be added to any unpaid Wince dl!( 34 nays from installation. Thin Is
an effective anima rate of 1 8 percent
EXHIBIT A — DESCRIPTION OF WORK TO BE COMPLETED, PAGE 2 OF 2
Riteway Brick Restoration
(708) 354 -2501 Fax (708) 749 -4448
6509 Pershing lid.
Stickney, IL. 60402
Website: www.ritewaybrick.com
Email: ritewavhrick(shciai0hal.flet
Customer Name: Toms Place
Address: 110 Stephen St.
Home Phone # Work#
Lemont
We hereby propose to furnish the materials and perform the labor necessary for the
completion. Grind out all mortar joints on front face brick'/: to % inch in depth. Clean out
all mortar joints. Tuckpoint above area 100% solid in a close matching mortar color to
existing. All snorter joints will be struck in to maintain original look of building. This price
is for a complete restoration of front of building.
5 year guarantee.
All material 1s guaranteed to specified, and the above work to performed in accordance with the drawing and
specifications submitted for above work and completed In a substantial workmanlike manner for the sum of
DoHars $ 2400.00
RitC m7ii tom' tit tateet t}0101- :ttii_ie ltimate contractors estimateoill it takes
phone ctitt,
550tQ0 deoosljt is required with a Wined contract_ blue coovt,
On kobs over 51500.00 :114 do ttial be rt�ulred along a stoned con ct (bias colirvi.
si ! 1- - d it • . onie l . 3 . ' Lip _L '11 Hum i m 'a`1S.iY1 1
Remainder will be due on day of completion. No work will be scheduled or started without
a signed contract. No exceptions( Up n Final aayment contract has been fulfilled.
e1L
Respectfully submitted . " Rithard G. Cmunt Date: '1-18-11
Acceptance of Proposal Date:
My alteration or deviation win be executed only upon written orders. and will become an extra charge over and above the
estimate. As agreements Contingent upon $truces, tire, bad weather and other necessary insurance upon above work. Workmen's
Compensation and Ptak Liability Insurance on above work lobe taken out by Rita Way Brick Restoration. Alter I S days if Riteway Brick
has not been paid in dill it may take legal action which may include placing a contractors lain against the property it has perlimned Nseork an
Rdeway is not responsible fear foliage that is close to work alerts. Chimney flashingsmul chimneys without liners, settlement mks sit any
leaks are not covered under guarantee. Due to different brick sizes all brick repair will be douses Amens possible to existing. Most chinmeys
will be stepped in above gashing.
Note: This proposal may be withdrawn if not accepted within, 30 days. Riteway is approx. 2-3 weeks
out at this time. Al! t_rasb aaul debris to be t soot y_ntway..
je ep t . sent bac to tt wav Yellow Cone w Custetnlr Conn s Final bill
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 three hundred and one Dollars
7 ($4,301.00) on the property commonly known as 110 Stephen Street (Tom's Place),
8 Lemont, Illinois 60439, and legally described as follows:
9
10 Permanent Index Number: 22 -20- 404 - 003 -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