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O-57-11 Ord Approving DowtownVILLAGE OF LEMONT ORDINANCE NO. 0 . 1 AN ORDINANCE APPROVING A DOWNTOWN FACADE, SIGN, AND SITE IMPROVEMENT GRANT FOR 220 MAIN STREET IN LEMONT, IL (Martellen's 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 NOb57 i( AN ORDINANCE APPROVING A DOWNTOWN FA(ADE, SIGN, AND SITE IMPROVEMENT GRANT FOR 220 MAIN STREET IN LEMONT, IL (Martellen's 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, Martin Troc, a tenant of the building at 220 Main 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 $2,734.50. 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 220 Main 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 Ron Stapleton AYES NAYS ABSENT ABSTAIN Rick Sniegowski v Jeanette Virgilio ✓ Approves by me this 22' day o ugust, 2011 CHARLENE M. SMOLLEN, Village Clerk . REAVES, Vill : e President 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: Martin Troc 11 12 Address: 16046 Messenger Circle, 13 14 City: Homer Glen State: Illinois Zip Code: 60491 15 16 Name of Business: Martellen's 17 18 Project Address(es): 220 Main 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 $2,734.75. 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 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/LESSEE 6 7 8 Date: 9 10 11 12 LESSEE 13 14 Date: 15 16 17 18 19 20 21 22 ATTEST: 23 24 25 B 26 Village Clerk 27 5 Date: EXHIBIT A - DESCRIPTION OF WORK, PAGE 1 OF 7 FAX 6 3 0 . 4 2 0 . 2 0 0 1 EMAIL: AURORATENTAWNINGAAOL.COM PROPOSAL SUBMITTED TO: MARTELLEN'S ATTN: MARTIN TROC 220 MAIN STREET LEMONT, ILLINOIS 60157 JOB ADDRESS: SAME DATE PHONE NO. # LOCATIONS INSTALLED INVOICE NO. OUR P.O. NO. ORDEI 7 -11 -11 708 -514 -0020 NORM BELOW PLEASE FIND PRICING FOR (1) AWNING RECOVER PRICE INCLUDES: ➢ REMOVAL OF EXISTING AWNINGS ➢ MATERIAL: SUNBRELLA ➢ BODY OF AWNING: STRIPE ➢ BLACK BOX PAINTED ➢ MARTELLEN'S — TAUPE ➢ VALANCE TO BE BLACK, ADDRESS TO BE TAUPE ➢ ARTWORK ➢ INSTALLATION SIZING: DROP: PROJ: WIDTH: VALANCE: 4' 2' 21'3" 9" PRICE : TAX: TOTAL: $1,675.00 $ 117.25 $1,792.25 * * *TO BEGIN PROCESSING, PLEASE SIGN AND RETURN CONTRACT WITH YOUR DEPOSIT. IF HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CALL. THANK YOU!!! * ** WE PROPOSE hereby to furnish material and labor- complete in accordance with above specification„ for the sum of ONE THOUSAND SEVEN HUNDRED NINETY TWO DOLLARS AND 25/100 Payment to be made as follows: A 50 %,'o DEPOSIT IN TILE AMOUNT OF $896.13 IS REQUIRED TO BEGIN MANUFACTURING. Dollar: (51,792.25 ) REMAINING BALANCE OF ,$896.12 IS DUE ON TI IE DATE OF INSTALLATION. Materials will be furnished only as stated on contract any deviation or alteration from the above specifications involving extra cost of material or labor will be performed only upon written contact for same and will become an extra charge over the sum mentioned in this contract. All Agreements must be made in writing. All agreements contingent upon strikes, accidents or delays beyond our control. The contractor agrees to carry appropriate insurance as required. Authorized Signature This proposal may be withdrawn by us if not accepted within days. Date of Acceptance The appearance of my signature below authorizes the above cant complete the above contract. 1 agree to pay cash when work is corn on terms satisfactory to the above contractor until paid in full. If p not made as per contract is paid full and all costs, including coun reasonable attorney's fees. Signature EXHIBIT A - DESCRIPTION OF WORK, PAGE 2 OF 7 EXHIBIT A - DESCRIPTION OF WORK, PAGE 3 OF 7 FAX 630.420.2001 EMAIL: AURORATENTAWNINGRAOL.COM PROPOSAL SUBMITTED TO: MARTELLEN'S ATTN: MARTIN TROC 220 MAIN STREET LEMONT, ILLINOIS JOB ADDRESS: SAME DATE PHONE NO. # LOCATIONS INSTALLED INVOICE NO. OUR P.O. NO. ORDEI 7 -11 -11 708 -514 -0020 NORM BELOW PLEASE FIND PRICING FOR (1) AWNING RECOVER PRICE INCLUDES: > REMOVAL OF EXISTING AWNINGS • MATERIAL: SUNBRELLA ➢ BODY OF AWNING: STRIPE ➢ BLACK BOX PAINTED ➢ DRESS & BRIDAL BOUTIQUE TAUPE ➢ VALANCE TO BE BLACK, PHONE # TAUPE > ARTWORK Y INSTALLATION SIZING: DROP: PROJ: WIDTH: VALANCE: 4' 2' 21'3" 9" PRICE : TAX: TOTAL: $1,675.00 $ 117.25 $1,792.25 * * *TO BEGIN PROCESSING, PLEASE SIGN AND RETURN CONTRACT WITH YOUR DEPOSIT. IF' HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CALL. THANK YOU!!! * ** WE PROPOSE hereby to furnish material and labor - complete in accordance with above specification„ for the sum of ONE THOUSAND SEVEN HUNDRED NINETY TWO DOLLARS AND 25/100 Payment to be made as follows: A 50", %o DEPOSIT IN Till: AMOUNT OF $896.13 IS REQUIRED TO BEGIN MANUFACTURING. Dollar: ($1,792.25 ) REMAINING BALANCE OE 5896.12 IS DUE ON Tl IF DATE OF INSTALLATION. Materials will be furnished only as stated on contract any deviation or alteration from the above specifications involving extra cost of material or labor will be performed only upon written contact for same and will become an extra charge over the sum mentioned in this contract. All Agreements must be made in writing. All agreements contingent upon strikes, accidents or delays beyond our control. The contractor agrees to carry appropriate insurance as required. Authorized Signature This proposal may be withdrawn by us if not accepted within days. Date of Acceptance The appearance of my signature below authorizes the above coot, complete the above contract. 1 agree to pay cash when work is com on terms satisfactory to the above contractor until paid in full, If p not made as per contract is paid full and all costs, including coon reasonable attorney's fees. Signature EXHIBIT A - DESCRIPTION OF WORK, PAGE 4 OF 7 EXHIBIT A - DESCRIPTION OF WORK, PAGE 5 OF 7 IP ART SIGN WORKS, INC - 2010 41785 Elm Street Suite 302 Murrieta, CA 92562 Name / Address Marty Troc Martellen's Dress and Bridal Boutique Quote Date Quote # 7/18/2011 490 Rep CMV Description Qty Cost Total HDU Double -Sided Sign, 36" x 24" x 2" thick l 590.00 590.00T Shipping & Handling to IL I 45.00 45.00T Out of State Sale, Exempt From Sales Tax 0.00% 0.00 EXHIBIT A - DESCRIPTION OF WORK, PAGE 6 OF 7 35� 0 Pr z$' m3ro g t18 ptiam R_g$ ogeb- o"~� apt aoa K; • <1°4 a a !wm. `20 <a IN: ra a� f *; rils -= • cif 21.311 l• r„ a • Nq =t lam 3 0. m 4eo3 m) upe£ :ski 0 2 X .bZ X,9£ SUI a ID z 0 g C 4 1*2 wllj 3001Ia IBwoisnD ••■.1 7 ill ? g . =� L .. a 0 0. a `S z 3 0) a• 3 a. R g 4 Z. rol 6 3 4 ail 51 R aO § L a a. 2SI-0& mm to -4 ? 3 PD' EXHIBIT A - DESCRIPTION OF WORK, PAGE 7 OF 7 Name / Address Marty Troc 218 ':Hain Street Lemont, IL 60439 Proposal Date Proposal No. 07/19/2011 07192011 Description Subtotal EXTERIOR PREPARATION: 1. Power wash exterior 10 loosen any old point and remove dirt. 2. Repair any surface and prime if needed. 3. Tape off any fixtures and or areas /items not to be painted. PA INTING: Building 1. Paint all designated areas with two coats of light tan/beige (Color match will be approved by client) exterior paint, 2. Paint all doors and current black decorative trim with two coats of black (Black will be approved by clients exterior paint. *All paint and materials supplied by contractor for this project, All labor, materials and equipment necessary to complete the project unless otherwise specified will be provided. Use of drop cloths at all times and clean up all areas at the end of each day and all refuse will he disposed of off premises. Paul Romanowski 218 Main Street Lemons, IL 60439 Vow S 1250.00 Total 61250.00 RESIDENTIAL • COMMERCIAL • INTERIOR • EXTERIOR • FAUX FINISHES • STAINING • TEXTURES 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 Two Thousand Seven Hundred Thirty -Four Dollars and Fifty 7 Cents ($2,734.50) on the property commonly known as 220 Main Street, Lemont, Illinois 8 60439, and legally described as follows: 9 10 Permanent Index Number: 22 -20- 302 - 009 -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