O-27-2012 Ord Approving Downtown Facade-406 Main St.VILLAGE OF LEAIONT
ORDINANCE NO. U" I 1.
AN ORDINANCE APPROVING A DOWNTOWN FA(ADE, SIGN, AND SITE
IMPROVEMENT GRANT FOR 406 MAIN STREET IN LEMONT, IL
ADOPTED BY THE
PRESIDENT AND THE BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 9T11 DAY OF APRIL, 2012
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 9th day of April, 2012
AN ORDINANCE APPROVING A DOWNTOWN FA(ADE, SIGN, AND SITE
IMPROVEMENT GRANT FOR 406 MAIN STREET IN LEMONT, IL
ORDINANCE NO. /a.
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, Dale Hennebry, the owner of the property and building at 312 g a: arralf Street in
Lemont, has applied forr 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 $4,100.00.
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 406 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 9th day of April, 2012.
Debby Blatzer
Paul Chialdikas
Clifford Miklos
Ron Stapleton
AYES NAYS ABSENT ABSTAIN
V
V
v
V
Rick Sniegowski
Jeanette Virgilio
v
v
Ap o ed by me thi ' da April, 2012
AN K. REA ES, Village President
ARLENE M. SMOLLEN, Village Clerk
1 VILLAGE OF LEMONT
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DOWNTOWN FACADE, SIGN, AND SITE IMPROVEMENT
GRANT PROGRAM AGREEMENT FOR 406 MAIN STREET
6 THIS AGREEMENT, entered into this day of , 2012, between the
7 Village of Lemont, Illinois (hereinafter referred to as the "VILLAGE") and the following
8 designated OWNER/LESSEE, to wit:
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18 Whereas, the VILLAGE has established a Downtown Facade, Sign, and Site
19 Improvement Grant Program for application within certain designated commercial rehabilitation
20 areas of the VILLAGE known as the Tax Increment Financing District; and
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22 Whereas, said Downtown Facade, Sign, and Site Improvement Grant Program is
23 administered by the VILLAGE and is funded from District Revenues for purposes of control
24 and prevention of blight, dilapidation and deterioration of designated areas within the District,
25 and
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27 Whereas, pursuant to said Program the VILLAGE has agreed to participate, subject to
28 its sole discretion, in sharing the costs of downtown building, sign, and site improvements to
29 commercial establishments within the District; and
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31 Whereas, the OWNER's/LESSEE's property is located within the Tax Increment
32 Financing District /Downtown, a designated rehabilitation area, and the OWNER/LESSEE
33 desires to participate in the Downtown Facade, Sign, and Site Improvement Grant Program
34 pursuant to the terms and provisions of this agreement.
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36 NOW, THEREFORE, in consideration of the mutual covenants and agreement
37 obtained herein, the VILLAGE and OWNER/LESSEE do hereby agree as follows:
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39 Section 1. COST SHARING. The VILLAGE shall reimburse the OWNER/LESSE
40 for fifty percent of the costs for property improvements, as described in Exhibit A, to the
41 OWNER's /LESSEE's property. The maximum amount of reimbursement for said
42 property improvements shall not exceed $4,100.00. The maximum amount of
43 reimbursement for sign installation /improvements shall not exceed $750.00, and the maximum
Owner's /Lessee's Name: Ms. Diane Hansen
Address: 200 East Road, Glen Ellyn, IL 60137
Project Address: 406 Main Street, Lemont, Illinois
WITNESSETH
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1 amount of reimbursement for architectural fees shall not exceed $1,000.00.
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3 Section 2. PLAN APPROVAL. No building, sign, or site improvement shall be
4 undertaken until the building, sign, and /or site plans have been submitted to and approved by the
5 VILLAGE. Following approval, the OWNER/LESSEE shall cause all such improvements to be
6 completed within 180 days of the date of the approval of this Agreement.
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8 Section 3. REVIEW OF PROJECT. The Planning & Economic Development Director
9 shall periodically review the progress of the contractor's work on the building, sign, and site
10 improvements pursuant to this Agreement. Such inspections shall not replace any required
11 permit inspection by Village Inspectors. All work which is not in conformance with the
12 approved drawings and specifications shall be immediately remedied by the OWNER/LESSEE
13 and deficient or improper work shall be replaced and made to comply with the approved
14 drawings, specifications, and terms of this Agreement.
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16 Section 4. 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.
22 In addition, the OWNER/LESSEE shall submit to the VILLAGE proof of payment of the
23 contract cost pursuant to the contractor's and architect's statements. The VILLAGE shall, within
24 sixty days of receipt 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 under
28 the control of the OWNER/LESSEE shall be in conformance with zoning and sign code
29 provisions.
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31 Section 5. FAILURE TO COMPLETE WORK. If the OWNER/LESSEE or his
32 contractor fails to complete the building, sign, or site improvements in conformity with the plans
33 provided for in Exhibit A and in conformity with the provisions of this Agreement, this
34 Agreement shall terminate and the financial obligation on the part of the VILLAGE shall cease
35 and become null and void.
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37 Section 6. FILING OF LIEN /MAINTENANCE OF IMPROVEMENT. Upon
38 completion of the building and site improvement work pursuant to this Agreement and for a
39 period of three (3) years thereafter, the OWNER/LESSEE shall be responsible for properly
40 maintaining such building and site improvement/historic preservation in its finished form and
41 without change or alteration thereto, as provided in this Agreement, and for the said period of
42 three (3) years following completion of the construction thereof, the OWNER/LESSEE shall not
43 enter into any Agreement or contract or take any other steps to alter, change or remove such
44 improvement, or the approved design thereof, nor shall OWNER/LESSEE undertake any other
45 changes, by contract or otherwise, to the improvement provided for in this Agreement unless
46 such changes are first submitted to the Planning & Economic Development Director, and any
47 additional review body or commission for approval; which approval shall not be unreasonably
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1 withheld if the proposed changes do not substantially alter the original design concept of the
2 building and site improvements as specified in the drawings and plans approved pursuant to this
3 Agreement. In addition to this section, a lien on the OWNER/LESSEE property shall be filed
4 prior to the final payout of the program reimbursement.
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6 Section 7. UNRELATED IMPROVEMENTS. Nothing herein is intended to limit,
7 restrict or prohibit the OWNER/LESSEE from undertaking any other work in or about the
8 subject premises which is unrelated to the building, sign, and site improvement provided for in
9 this Agreement.
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11 Section 8. AGREEMENT APPLICABLE TO FUTURE OWNERS. This Agreement
12 shall be binding upon the VILLAGE OF LEMONT and upon the OWNER/LESSEE and its
13 successors, to said property for a period of three years from and after the date of completion and
14 approval of the improvements provided for herein. It shall be the responsibility of the
15 OWNER/LESSEE to inform subsequent OWNER(s)/LESSEE(s) of Section 7 of this
16 Agreement.
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18 Section 9. VILLAGE INDEMNIFICATION REGARDING CONSTRUCTION. The
19 owner of the subject property agree to defend and hold harmless the Village from any and all
20 claims which may arise out of said owners' construction activities under this Agreement.
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22 Section 10. GENERAL INDEMNIFICATION. In the event that, as a result of this
23 Agreement, or actions taken as required hereunder, the VILLAGE is made a party defendant in
24 any litigation arising by reason of this Agreement, and development activities contemplated
25 hereunder, the owners agree to defend and hold harmless the VILLAGE, the mayor, trustees,
26 officers and agents thereof, individually and collectively, from any suits and from any
27 claims, demands, setoff or other action including but not limited to judgments arising therefrom.
28 The obligation of the owners hereunder shall include and extend to payment of reasonable
29 attorneys' fees for the representation of the VILLAGE and its officers and agents in such
30 litigation and includes expenses, court costs and fees; it being understood that the owners
31 where there shall be no applicable standards provided therein, shall have the right to employ
32 all such attorneys to represent the VILLAGE and its officers and agents in such litigation,
33 subject to the approval of the corporate authorities of the VILLAGE, which approval shall not
34 be unreasonably withheld. The owners shall have the right to appeal to courts of appellate
35 jurisdiction any judgment taken against the VILLAGE or its officers or agents in this respect,
36 and the Village shall join in any such appeal taken by the owners.
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38 Section 11. PERFORMANCE OF AGREEMENT. It is agreed that the parties hereto
39 may in law or in equity, by suit, action, mandamus, or any other proceeding, including specific
40 performance, enforce or compel the performance of this Agreement, which shall include the right
41 of the parties to recover a judgment for monetary damages against each other, provided,
42 however, that the owners shall not have a right to recover a judgment for monetary damages
43 against any elected or appointed official of the VILLAGE for any breach of any of the terms
44 of this Agreement. The VILLAGE reserves the right to maintain an action to recover
45 damages or any sums which owners have agreed to pay pursuant to this Agreement and which
46 have become due and remained unpaid.
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1 Section 12. EXHIBITS. It is agreed that Exhibits A and B shall be considered part of
2 this agreement.
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4 Section 13. DISPLAY OF VILLAGE FUNDING PROMOTIONAL MATERIAL.
5 The.OWNER/LESSEE hereby agrees to prominently display a poster identifying the property
6 as receiving VILLAGE funding under the Downtown Facade, Sign, and Site Improvement
7 Grant Program. The sign will be provided by the VILLAGE and shall be displayed upon
8 approval of this Agreement to no less than thirty days after final approval and reimbursement
9 is made.
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12 first appearing above.
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15 OWNER/LESSEE
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19 Property OWNER, 312 Canal St
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22 , Date:
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25 ATTEST:
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28 B
29 Village Clerk
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date
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VILLA OF LEMO
age President
Date: 9, aara
1 Exhibit A
2 to
3 Downtown Facade, Sign, and Site Improvement Grant Agreement for 406 Main Street
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6 Description of Work to be Performed
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8 • Replacement /repair and painting on facade door, facade windows, crown molding trim
9 over the windows; improvements under all windows will consist of removal of the red
10 half brick and replacement with historic design using wood and Typon
11 ■ Replace fabric awnings with same color fabric (forest green)
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13 Standards for Work to be Performed
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15 All work, to include materials and colors, shall be completed in accordance with the Certificate
16 of Appropriateness as approved by the Lemont Historic Preservation Commission and building
17 permits as issued by the Village of Lemont Building Department.
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1 Exhibit B
2 to
3 Downtown Facade, Sign, and Site Improvement Grant Agreement for 406 Main Street
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5 AGREEMENT CREATING LIEN ON REAL ESTATE
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7 The undersigned, , owner(s) of
8 Lemont, Illinois, having applied for
9 Downtown Facade, Sign, and Site Improvement Grant Program from the Village of Lemont
10 through TIF Financing District do hereby grant a lien to the Village of Lemont, a Municipal
11 Corporation, in the amount of Dollars
12 ($ ) on the property commonly known as
13 Lemont, Illinois 60439, and with Permanent Index Number:
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15 22 -20- 420 - 003 -0000
16 The undersigned acknowledges that the aforesaid lien shall exist from the date of this
17 instrument, and shall become due if any facade alterations occur less than three years after
18 grant work completion. If this condition occurs, then the lien shall be payable to the Village of
19 Lemont If this condition does not occur, then the lien shall be removed.
20 The undersigned grants to the Village of Lemont the right to assign, transfer or set over to
21 any other municipal corporation or any part thereof all of the right, title and interest in and to
22 said lien without reservations.
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25 OWNER
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27 DATED this day of
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29 STATE OF ILLINOIS }
30 }SS:
31 COUNTY OF COOK }
32 I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
33 HEREBY CERTIFY that is known to
34 me to be the same person(s) whose name(s) is /are subscribed to the foregoing instrument,
35 appeared before me this day in person, and acknowledged that he /she /they signed, sealed, and
36 delivered the said instrument as a free and voluntary act for the uses and purposes therein set
37 forth.
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39
40 NOTARY PUBLIC
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42 DATED this day of
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