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O-67-11 Ord Approving DT Facade, Sign 103 Stephens St.VILLAGE OF LEMONT ORDINANCE NO. . -el ,[ t AN ORDINANCE APPROVING A DOWNTOWN FA(ADE, SIGN, AND SITE IMPROVEMENT GRANT FOR 103 STEPHEN STREET IN LEMONT, IL (103 Stephen St Facade Grant) ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 24TH DAY OF OCTOBER, 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 24th day of October, 2011 ORDINANCE NO. DAQ1 -1 I AN ORDINANCE APPROVING A DOWNTOWN FA(ADE, SIGN, AND SITE IMPROVEMENT GRANT FOR 103 STEPHEN STREET IN LEMONT, IL (103 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, Brian J. Bonnett, managing member of Red Shamrock, LLC, owner of the building at 103 Stephen Street in Lemont, has applied for a grant under this program to structurally repair 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 $ 315 Q.o . 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 103 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 24th day of October, 2011. AYES NAYS ABSENT ABSTAIN Debby Blatzer Paul Chialdikas Clifford Miklos Ron Stapleton Rick Sniegowski Jeanette Virgilio Approv y me this 24` 1 day o ber, 2011 CHARLENE M. SMO LEN, Village Clerk REAV , Village President 1 VILLAGE OF LEMONT 2 3 4 5 DOWNTOWN FA(<ADE, SIGN, AND SITE IMPROVEMENT GRANT PROGRAM AGREEMENT 6 THIS AGREEMENT, entered into this 1 t' day of VQjnber , 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: Brian J. Bonnett 11 12 Address: 13150 Da Vinci, Lemont, Illinois 13 14 City: Lemont State: Illinois Zip Code: 60439 15 16 Name of Business: Stone House Pub 17 18 Project Address(es): 103 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 and 11 illustrated in Exhibit B, to the OWNER's/LESSEE's property. The maximum amount of - 12 reimbursement for said property improvements shall not exceed $37`;0 ®0 The 13 maximum amount of reimbursement for sign installation /improvements shall not exceed 14 $750.00, and the maximum amount of reimbursement for architectural fees shall not exceed 15 $1,000.00. 16 17 Section 2. DOCUMENTATION REQUIREMENTS. Upon completion of the building 18 and site improvement /historic preservation and upon its final inspection and approval by the 19 Building Department, the OWNER/LESSEE shall submit to the VILLAGE a properly executed 20 and contractor statement and architect fee statement showing the full cost of the work as well as 21 each separate component amount due to the contractor and each and every subcontractor 22 involved in furnishing labor, materials, or equipment in the work. In addition, the 23 OWNER/LESSEE shall submit to the VILLAGE proof of payment of the contract cost pursuant 24 to the contractor's and architect's statements. The VILLAGE shall, within sixty days of receipt 25 of the contractor's statement and proof of payment issue a check to the 26 OWNER /LESSEE. In no case shall the amount paid to the OWNER /LESSEE exceed 27 the amount specified in this Agreement or in the contractor's or architect's statements. At the 28 time of reimbursement and throughout the term of this agreement, the land use and signage 29 under the control of the OWNER/LESSEE shall be in conformance with zoning and sign code 30 provisions. 31 32 Section 3. FILING OF LIEN/MAINTENANCE OF IMPROVEMENT. Upon 33 completion of the building and site improvement work pursuant to this Agreement and for a 34 period of three (3) years thereafter, the OWNER/LESSEE shall be responsible for properly 35 maintaining such building and site improvement/historic preservation in its finished form and 36 without change or alteration thereto, as provided in this Agreement, and for the said period of 37 three (3) years following completion of the construction thereof, the OWNER/LESSEE shall not 38 enter into any Agreement or contract or take any other steps to alter, change or remove such 39 improvement, or the approved design thereof, nor shall OWNER/LESSEE undertake any other 40 changes, by contract or otherwise, to the improvement provided for in this Agreement unless 41 such changes are first submitted to the Planning & Economic Development Director, and any 42 additional review body or commission for approval; which approval shall not be unreasonably 43 withheld if the proposed changes do not substantially alter the original design concept of the 44 building and site improvements as specified in the drawings and plans approved pursuant to this 45 Agreement. In addition to this section, a lien on the OWNER/LESSEE property shall be filed 46 prior to the final payout of the program reimbursement. 2 1 2 Section 4. UNRELATED IMPROVEMENTS. Nothing herein is intended to limit, 3 restrict or prohibit the OWNER/LESSEE from undertaking any other work in or about the 4 subject premises which is unrelated to the building, sign, and site improvement provided for in 5 this Agreement. 6 7 Section 5. AGREEMENT APPLICABLE TO FUTURE OWNERS. This Agreement 8 shall be binding upon the VILLAGE OF LEMONT and upon the OWNER/LESSEE and its 9 successors, to said property for a period of three years from and after the date of completion and 10 approval of the improvements provided for herein. It shall be the responsibility of the 11 OWNER/LESSEE to inform subsequent OWNER(s)/LESSEE(s) of Section 7 of this 12 Agreement. 13 14 Section 6. VILLAGE INDEMNIFICATION REGARDING CONSTRUCTION. The 15 owner of the subject property agree to defend and hold harmless the Village from any and all 16 claims which may arise out of said owners' construction activities under this Agreement. 17 18 Section 7. GENERAL INDEMNIFICATION. In the event that, as a result of this 19 Agreement, or actions taken as required hereunder, the VILLAGE is made a party defendant in 20 any litigation arising by reason of this Agreement, and development activities contemplated 21 hereunder, the owners agree to defend and hold harmless the VILLAGE, the mayor, trustees, 22 officers and agents thereof, individually and collectively, from any suits and from any 23 claims, demands, setoff or other action including but not limited to judgments arising therefrom. 24 The obligation of the owners hereunder shall include and extend to payment of reasonable 25 attorneys' fees for the representation of the VILLAGE and its officers and agents in such 26 litigation and includes expenses, court costs and fees; it being understood that the owners 27 where there shall be no applicable standards provided therein, shall have the right to employ 28 all such attorneys to represent the VILLAGE and its officers and agents in such litigation, 29 subject to the approval of the corporate authorities of the VILLAGE, which approval shall not 30 be unreasonably withheld. The owners shall have the right to appeal to courts of appellate 31 jurisdiction any judgment taken against the VILLAGE or its officers or agents in this respect, 32 and the Village shall join in any such appeal taken by the owners. 33 34 Section 8. PERFORMANCE OF AGREEMENT. It is agreed that the parties hereto may 35 in law or in equity, by suit, action, mandamus, or any other proceeding, including specific 36 performance, enforce or compel the performance of this Agreement, which shall include the right 37 of the parties to recover a judgment for monetary damages against each other, provided, 38 however, that the owners shall not have a right to recover a judgment for monetary damages 39 against any elected or appointed official of the VILLAGE for any breach of any of the terms 40 of this Agreement. The VILLAGE reserves the right to maintain an action to recover 41 damages or any sums which owners have agreed to pay pursuant to this Agreement and which 42 have become due and remained unpaid. 43 44 Section 9. EXHIBITS. It is agreed that Exhibits A and B shall be considered part of 45 this agreement. 46 3 1 Section 10. DISPLAY OF VILLAGE FUNDING PROMOTIONAL MATERIAL. 2 The OWNER/LESSEE hereby agrees to prominently display a poster identifying the property 3 as receiving VILLAGE funding under the Downtown Facade, Sign, and Site Improvement 4 Grant Program. The sign will be provided by the VILLAGE and shall be displayed upon 5 approval of this Agreement to no less than thirty days after final approval and reimbursement 6 is made. 7 8 9 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date 10 first appearing above. 11 12 13 14 15 16 OWNERS/LESSEE 17 18 19 20 BRIAN ONNETT, managing member, °' K. REAVES 21 Red Shamrock, LLC Village President 22 23 24 Date: 25 26 27 28 29 30 31 32 33 34 ATTEST: 35 36 37 By• 38 VILL OF LEMONT ///-7/do// Village Clerk 4 Date: 161, t//oti g cc- 1\-- BRASSIL CONSTRUCTION 15808 W. 138TH St., Lockport, IL 60491 815.834.0505 — 815.834.0535 (fax) April 21, 2011. Red Shamrock, LLC c/o Brian Bonnett 103 Stephen St. Lemont, IL 60439 Estimate for reconstruction of upper east wall of 103 Stephen St. per drawing #1326 by Olivieri Bros., Inc. Architect, dated 11/5/10: 1. Demo 2nd floor stone wall including gable end. 2. Reinforce 2"d floor floor joist, ceiling joist and ridge. Construct a temporary wall to protect 2 "d floor unit from elements. 3. Crane in steel beam as specified in drawings — set in stone pockets. 4. Frame new wall and gable end. 5. Install (4) windows to best match existing in size and style. 6. Install fiber board siding — prestained to owner's color. 7. Install (6) outlets. 8. Install R -15 insulation. 9. Install 5/8" drywall, taped and sanded; ready for paint. 10. Repair rd floor hardwood flooring to best match existing. 11. Install aluminum fascia and reinstall A/C unit. TOTAL $35,000.00 OLIVI 41r • 1 tatI et4 Lit C. www.sotutions4buitdings.com ARCHITECTS 750 CENTER ROAD (815) 469.8400 FRANKFORT, ILLINOIS 60423 FAX (815) 469.5796 Brian Bonnett Red Shamrock, I.L.C. c/o Mike Brassil, Brassil Construction 15808 138th Street Lockport, Illinois 80491 September 27, 2010 RE: Architectural Design Proposal and Agreement, for Rehabilitation of the rear wall and associated Structural Members for an existing Restaurant/Apartment Building ® 103 Stephen St., Lemont, Illinois Mike: Per our Site Visit and discussions with our Structural Engineer 11 is imperative that the Structural issues you have identified be addressed immediately. We are proposing the following Phases to be completed sequentially in order to be able to provide a workable and accurate solution to the problems that exist. We are pleased to submit our proposal for the ArchiteoturalStructural Engineering Services for your Project. As we discussed we have divided the Project into three phases as follows: Phase 0 — Site Visit, and As -built CAD Drawing Field measure existing conditions; in order to develop accurate AutoCAD digitally prepared drawings' as required for the work. Owner to provide Site Survey for our use Phase 0 - Not to exceed Fes $ 3,100.00 Phase 1 - Preliminary Design -The intent of this phase to give the ownerlclient Design Options to review and present to the Village of Lemont for approval before more detail engineering and design is completed. The following items will need to be completed: Review of Village Codes and Ordinances as they apply to this project Preliminary Floor Plans changes (If any) Proposed Rear Elevations Structural Engineers preliminary design Meeting with owner to review Phase 1- Not to exceed Fee $ 3,550.00 Phase 2 - Design Development Phase (not required) Phase 2 Estimated Fee NIA Phase 3 - Construction Document Phase - At the completion of this phase the Construction Documents will include; all drawings and specifications necessary to receive a building permit and complete the work within this scope. This will Include the following: Floor plan and details Exterior Elevation(s) Project Specifications as required Wall Sections and Details Building Sections and Details Structural Engineering Design calculations and Drawings Meet with owner to review (at the offices of Olivieri Brothers Inc.) Revisions by the AHJ (authority having jurisdiction) (If required) ,1t -- 1 Red Shamrock, L.L.G., September 27, 2010, Page#2 of 2 Phase 3 - Not to exceed Foe $ 8,150.00 Not included: The following (If required by the Village or Client) is not included in our Design Fees: 1. Village / Governmental Agency Fees 2. Environmental Engineering work 3. Utility Company Fees or Requirements 4. Geotechnical Studies or Soil Borings 5. Site / Civil Engineering Design nor drawings 8. Kitchen Equipment Design (or Consultant Fees) 7. Interior Elevations and Finish Selections 8. Reflected Ceiling Plan 9. Floor Finishes 10. Landscape Design if required 11. Meetings with the AHJ 12. Accessible Plans and Details 13. Incorporation of equipment by others requirements 14. Mechanical Engineering Design and Drawings 15. Fire Protection Systems Design and Drawings 18. Electrical Engineering Design and Drawings 17. Any Item not specifically listed above All work will be billed at the following rates: Principal Architect Professional Engineer Structural Engineer Licensed Architect/ CAD Clerical Re sable / Expenses $ 80.00 /hour $125,00 /hour 5125.00 /hour $ 76.00 /hour $ 35.00 /hour 1.1 times direct cost $ 0.401 mile A r iner fee of $ 2,500.00 is d , before work can begin. This retainer will be applied to the last invoice. All • • e above Ou0 ervices is separated in phases, we reserve the right to involve monthly if the project is • _ yond our control. Any unpaid Invoices >15 days wilt be assessed an 18% late fee. If any services are to be expanded. the final agreement to be signed is ALA Document 0A3-2003 Short Form of Agreement between Owner and Architect for Architectural Services. The only other Items I would need to begin the work would be a survey of the site. Thanks for giving us the opportunity to give you a proposal on your project. Feel free to give me a call if you have any questions. Sincerely, Olivieri Brothers Inc. Donald H. Olivieri NCARB W:1 OBI Arch ContractorsTroposals \Slonehousa100927.doc Accepted this _day of , 20 • Red Shamr c L.C. 750 Center Road • Frankfort, IL 60423 • www.solutions4buildings.com View from North East (Option 2 - All Siding) Jt