===== PDF PAGE 45 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO DEVELOPMENT COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: 5.0. Downtown Facade Grant Program Agreement FILE NUMBER: 136 West Washington Street Jersey Hurst, LLC COMMITTEE AGENDA DATE: Sept. 9, 2019 Resolution No. 19-R-0043 COUNCIL AGENDA DATE: STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE AS — CITY ADMINISTRATOR REVIEW: Michael Guttman SIGNATURE ITEM SUMMARY: Jersey Hurst, LLC, property owner of the building at 136 West Washington Street, has requested Facade Grant Program funding to replace the existing awnings on the building and replace the stair case system on the rear of the building. The proposed improvements are eligible expenditures under the Program’s guidelines and complies with the City’s Building and Zoning Code regulations. Jersey Hurst, LLC has submitted three estimates for replacing the awnings, as required: 1) The Aubrey Sign & Awning Company for $2,400.00; 2) American Waning, Window & Screen Company for $2,950; and 3) All Style Awning Corp. for $3,100.00. Only two (2) estimates for the repairs to the exterior stair case in the rear of the building were submitted: Americana Iron Works & Fence, Inc. for $39,331.21; 2) and 2) Towne & Country Colonial, Inc. for $59,340.00. The complicated nature of the project in concert with an extremely busy construction season prevented the applicant from being able to acquire a third quote for this portion of the project. The City’s contribution is typically 50% of the lowest estimated cost(s), which in this case is a combined $41,731.21. While the maximum annual award is $10,000, applicants are permitted to request up to three (3) years of matching funding at any one time, not to exceed $30,000, per the Program's guidelines. Under such an award the property shall not be eligible for additional funding during that three (3) year period. Jersey Hurst, LLC., is applying under this exception for an amount not to exceed $20,865.61. The funding for the Program comes from the downtown T.I.F. district, if sufficient funding is available for the Program. Given the annual allocation of $30,000 to the Fagade Grant Program, City staff determined that should two applications submitted prior to this one — one of which is also from Jersey Hurst, LLC - receive approval from City Council, there will be sufficient funds available to reimburse only up to $16,782.00 to Jersey Hurst, LLC for the successful completion of the aforementioned replacement of existing awnings and repair/replacement of the exterior staircase system in the rear of the building, per the Program’s guidelines. An award in this amount will encumber the full $30,000 allocated to the Program. It is staff's recommendation that funds not to exceed the amount of $16,782.00 be awarded to Jersey Hurst, LLC. for the aforementioned improvements to the property at 136 West Washington Street for the replacement of existing awnings and repair/replacement of the exterior staircase system in the rear of the building. This award is made with the understanding that the property will not be eligible for additional funding under the program for a three (3) year period to begin on the date of approval of award. ===== PDF PAGE 46 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO Should the City Council determine that an award should be made in this instance, a Resolution and Grant Agreement reflecting an amount of $16,782.00 are attached. ACTIONS PROPOSED: Consideration of a Resolution authorizing the Mayor to execute a certain Downtown Facade Grant Program Agreement in the amount not to exceed $16,782.00 to Jersey Hurst, LLC., to replace existing awnings and repair/replace the exterior staircase system in the rear of the building at 136 West Washington Street. COMMITTEE RECOMMENDATION: ===== PDF PAGE 47 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 2019-R-0043 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CERTAIN DOWNTOWN FACADE GRANT PROGRAM AGREEMENT - JERSEY HURST, LLC — 136 WEST WASHINGTON STREET BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Mayor is hereby authorized to execute a certain Downtown Facade Grant Program Agreement by and between Jersey Hurst, LLC and the City of West Chicago, a copy of which is attached hereto and incorporated herein as Exhibit “A”. APPROVED this 16" day of September, 2019. AYES: NAYS: ABSTAIN: ABSENT: Mayor Ruben Pineda ATTEST: City Clerk Nancy M. Smith ===== PDF PAGE 48 ===== [Extraction: OCR (rendered-page OCR)] Exhibit A to Resolution 2019-R-0043 DOWNTOWN REHABILITATION FACADE PROGRAM AGREEMENT This DOWNTOWN REHABILITATION FACADE PROGRAM AGREEMENT (hereinafter referred to as the "AGREEMENT") is entered into this day of September, 2019, by and between the City of West Chicago, DuPage County, Illinois, an Illinois municipal corporation (hereinafter referred to as the "CITY") and Jersey Hurst, LLC, (hereinafter referred to as the "APPLICANT") (the CITY and the APPLICANT are hereinafter collectively referred to as the "PARTIES"); WITNESSETH: WHEREAS, the APPLICANT is the owner of certain real property located at 136 West Washington Street, in West Chicago, (hereinafter referred to as the "SUBJECT REALTY") and legally described on Exhibit "A", which is attached hereto and incorporated herein; and, WHEREAS, the SUBJECT REALTY is located within the CITY’S Downtown Redevelopment Project Area (hereinafter referred to as the "AREA"), duly established pursuant to the Tax Increment Allocation Redevelopment Act (hereinafter referred to as the "ACT"), 65 ILCS 5/11-74.4-1 et seq.; and, WHEREAS, Chapter 4, Article V of the CITY'S Code of Ordinances establishes specific rules and regulations with respect to the alteration of historic structures in the AREA; and, WHEREAS, Chapter 4 Article VI of the CITY”S Code of Ordinances establishes a facade program (hereinafter referred to as the “PROGRAM”) whereby the CITY may make financial contributions toward the cost of certain exterior improvements with respect to commercial structures located within the AREA; and, WHEREAS, the SUBJECT REALTY is improved with a commercial structure upon which the APPLICANT proposes to complete certain exterior improvements (hereinafter referred to as the "IMPROVEMENTS"), as detailed and depicted on the improvement plans and specifications (hereinafter referred to as the “PLANS”), which are attached hereto and incorporated herein as Exhibit "B"; and, WHEREAS, the APPLICANT has applied, pursuant to the PROGRAM, for a financial contribution from the CITY toward the cost of the IMPROVEMENTS as detailed and depicted on the PLANS; and, WHEREAS, the CITY has determined that it would further the achievement of the objectives of the AREA for the commercial structure located upon the SUBJECT REALTY to be improved as provided for on the PLANS and that said IMPROVEMENTS would qualify for financial contributions from the CITY pursuant to the PROGRAM; and, WHEREAS, the CITY desires the IMPROVEMENTS be completed on the SUBJECT REALTY and agrees to financially contribute toward such IMPROVEMENTS based on the terms and conditions of this AGREEMENT and the PROGRAM; and, WHEREAS, the APPLICANT desires to complete the IMPROVEMENTS in accordance with the terms and conditions of this AGREEMENT and the PROGRAM and desires to receive a financial contribution from the CITY for the completion of said IMPROVEMENTS. ===== PDF PAGE 49 ===== [Extraction: OCR (rendered-page OCR)] WHEREAS, on July 23, 2019 the CITY’S Historical Preservation Commission approved Certificates of Appropriateness No. 19-10 for the IMPROVEMENTS. NOW, THEREFORE, in consideration of the foregoing premises and in further consideration of the mutual covenants, conditions and agreements herein contained, the PARTIES hereto agree as follows: ARTICLE | INCORPORATION OF RECITALS The PARTIES hereby confirm and admit the truth and validity of the representations and recitations set forth in the foregoing recitals. The PARTIES further acknowledge that the same are material to this AGREEMENT and are hereby incorporated into and made a part of this AGREEMENT as though they were fully set forth in this Article I and the same shall continue for so long as this AGREEMENT is of force and effect. ARTICLE II AUTHORITY This AGREEMENT is made and entered into by the PARTIES pursuant to and in accordance with the provisions of the ACT. ARTICLE II IMPROVEMENTS TO THE SUBJECT REALTY The APPLICANT shall complete the IMPROVEMENTS on the SUBJECT REALTY in accordance with the terms and conditions of this AGREEMENT and in full compliance with all applicable codes, ordinances, rules, regulations, permits and any conditions attached thereto, whether imposed by the CITY or any other unit of local government or any Federal, State or governmental agency having jurisdiction over the SUBJECT REALTY or any portion thereof, and shall complete the IMPROVEMENTS in a good and workmanlike manner. The APPLICANT shall furnish, or cause to be furnished, at his own expense, all the necessary materials, labor and equipment to complete the IMPROVEMENTS in accordance with the PLANS. The IMPROVEMENTS shall be subject to inspection by, and approval of, the CITY. The APPLICANT shall pay to the CITY all plan review, inspection and other fees, prior to the issuance of any required building permits for the IMPROVEMENTS on the SUBJECT REALTY, as required by the CITY'S Code of Ordinances. The APPLICANT shall complete the IMPROVEMENTS within twelve (12) months of the issuance of the building permit by the CITY for such IMPROVEMENTS. If the APPLICANT fails to complete the IMPROVEMENTS within the established timeframe the CITY may rescind the financial contribution agreed upon herein in this AGREEMENT. ARTICLE IV REDEVELOPMENT OF THE SUBJECT REALTY Upon the APPLICANT'S completion of the IMPROVEMENTS on the SUBJECT REALTY as provided hereinabove, the APPLICANT shall give notice of completion to the CITY, and shall provide the CITY with all receipts, sworn contractor statements and lien waivers (hereinafter referred to as the “DOCUMENTATION”) showing that all persons who have done work, or have furnished materials with respect to the IMPROVEMENTS, and might be entitled to a ===== PDF PAGE 50 ===== [Extraction: OCR (rendered-page OCR)] lien therefore under any laws of the State of Illinois, have been paid in full for their work and are no longer entitled to such lien. The CITY shall inspect the IMPROVEMENTS as soon as practicable after receipt of the DOCUMENTATION, and if the IMPROVEMENTS are found to be in full compliance with the terms of this AGREEMENT and all applicable codes, ordinances, rules, regulations, permits and conditions as provided hereinabove, the CITY shall issue a final inspection report approving the IMPROVEMENTS. The City Council, following the issuance of said final inspection report and receipt of all of the required DOCUMENTATION, shall authorize payment of the CITY'S financial contribution toward the IMPROVEMENTS pursuant to the PROGRAM in an amount equal to the lesser of Twelve Thousand Two Hundred and Sixty Eight Dollars and zero cents ($12,268.00), or one half of the amount actually paid by the APPLICANT for the IMPROVEMENTS, as indicated on the DOCUMENTATION submitted to the CITY, whichever is less. ARTICLE V TIME Time is of the essence under this AGREEMENT and all time limits set forth herein shall be mandatory and shall not be waived except by a lawfully authorized and executed written waiver amendment to this AGREEMENT by the PARTIES excusing such timely performance. ARTICLE VI AMENDMENTS This AGREEMENT sets forth all the promises, inducements, agreements, conditions and undertakings between the APPLICANT and the CITY relative to the IMPROVEMENTS identified herein this AGREEMENT, and there shall be no promises, agreements, conditions or understandings, either oral or written, express or implied, between them, other than as herein set forth. No subsequent alteration, amendment, change or addition to this AGREEMENT shall be binding upon the PARTIES hereto unless authorized in accordance with the law and reduced in writing and signed by the PARTIES. However, whenever under the provisions of this AGREEMENT any notice or consent of the CITY or the APPLICANT is required, or the CITY or the APPLICANT is required to agree or to take some action at the request of the other, such approval or such consent of such request shall be given for the CITY, unless otherwise provided herein, by the Mayor or his designee and for the APPLICANT by the APPLICANT or any agent as the APPLICANT so authorizes. ARTICLE VII NOTICES All notices and requests required pursuant to this AGREEMENT shall be sent by certified mail as follows: To the APPLICANT: Jersey Hurst, LLC 136 West Washington Street West Chicago, IL 60185 ===== PDF PAGE 51 ===== [Extraction: OCR (rendered-page OCR)] To the CITY: City of West Chicago 475 Main Street West Chicago, Illinois 60185 or at such other addresses as either of the PARTIES may indicate in writing to the other either by personal delivery or by certified or registered mail, return receipt requested, with proof of delivery thereof. ARTICLE VIII GOVERNING LAWS This AGREEMENT shall be construed and enforced in accordance with the laws of the State of Illinois. ARTICLE IX COUNTERPARTS This AGREEMENT may be executed in multiple counterparts, each of which shall be deemed to be and shall constitute one and the same instrument. IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals on the date first above written. CITY OF WEST CHICAGO, an Illinois Municipal Corporation, By: Mayor Ruben Pineda ATTEST: City Clerk Nancy M. Smith By: Scott Reedy ===== PDF PAGE 52 ===== [Extraction: OCR (rendered-page OCR)] STATE OF ILLINOIS ) ) SS. COUNTY OF DU PAGE ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Ruben Pineda, Mayor of the City of West Chicago, and Nancy M. Smith, City Clerk, personally known to me to be the same persons whose names are set forth on the foregoing instrument as such Mayor and City Clerk respectively appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said City, for the uses and purposes therein set forth; and the said City Clerk then and there acknowledged that she, as custodian of the corporate seal of said City, did affix the corporate seal of said City to said instrument, as her own free and voluntary act and as the free and voluntary act of said City, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , 2019, Notary Public ===== PDF PAGE 53 ===== [Extraction: OCR (rendered-page OCR)] STATE OF ILLINOIS ) ) SS. COUNTY OF DU PAGE _) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Scott Reedy, personally known to me to be the same person whose name is set forth on the foregoing instrument appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , 2019. Notary Public ===== PDF PAGE 54 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT A Subject Realty Legal Description Parcel 1: ~That part of the Northeast 1/4°of the'Northeast*1/4-of-Section-°9;-Fownship39-North;— Range 9, East of the Third Principal Meridian, described as follow: Beginning on the Southeasterly side of Geneva Road (now West Washington Street) at an old iron stake long used as being the intersection of the Southwesterly line of the right of way of the Chicago and Northwestern Railway with said Southeasterly side of Geneva Road; and running thence South 65 one-half degrees West along said Southeasterly side of Geneva Road, 70.0 feet thence South 27 degrees, 47 minutes, 00 seconds East 132.0 feet; thence North 65 one-half degrees East 70.0 feet to the Southwest corner of lands conveyed to the Chicago and Northwestern Railway by deed recorded as Document 67698; thence Northwesterly along said Railway lands to the point of beginning, except the Westerly 22.75 feet thereof, in DuPage County, Illinois. Parcel 2: That part of the Northeast 1/4 of the Northeast 1/4 of Section 9, Township 39 North, Range 9, East of the Third Principal Meridian, described by beginning at an old iron pipe stake long used as being the intersection of the Southwesterly line of right of way of the Chicago and Northwestern Railway with said Southeasterly side of Geneva Road (said old iron pipe being 2.75 feet Northeasterly from point of intersection of the West line of the right of way of the Galena and Chicago Union Railway with said Southeasterly line of Washington Street) and running thence North 65 one-half degrees East along said Southeasterly line of Washington Street, 17.25 feet to an iron stake at the Westerly corner of a tract of land conveyed or to be conveyed; thence Southerly at right angles with said Washington Street, 132.0 feet; thence South 65 one-half degrees West 9.65 feet to the Southwesterly line of a tract of land conveyed to the Chicago and Northwestern Railway by deed recorded as Document 67698; thence Northwesterly along said Southwesterly line to the point of beginning, in DuPage County, Illinois. P.I.N.: 04-09-203-009 ===== PDF PAGE 55 ===== [Extraction: OCR (rendered-page OCR)] EXHIBITB (Insert PLANS here) 8 ===== PDF PAGE 56 ===== [Extraction: OCR (rendered-page OCR)] Vicki Bernstein SS From: aubrey sign company Sent: Thursday, May 16, 2019 3:05 PM To: Vicki Bernstein Subject: Quote to replace existing awning Attachments: IMG_0810.JPG; IMG_0814.JPG Vicki: Thanks for contacting us about this project. A new Sunbrella awning with new frame, choice of any fabric, same size and style as the existing awning, with graphics as allowed by code will be $2,400 installed + applicable sales tax and permits/fees. Ten year warranty on the fabric, lifetime warranty on the frame. Please Jet me know if you have any questions and how we can be of further assistance. Best regards, Mike Hoffer, President The Aubrey Sign (and Awning) Company 1847 Suncast Lane Batavia, IL 60510 630-482-9901 630-482-9906 (fax) aubreysiqns@sbcqglobal.net www.aubreysigns.com Like us on Facebook @ http://www. facebook.com/aubreysigns ===== PDF PAGE 57 ===== [Extraction: OCR (rendered-page OCR)] Estimate for Vicky 136 W Washington St West Chicago, IL 60185- 15774 South La Grange Road, Suite 203 manana, beaes rian ark, 0462 8475089496 i et www.americanaironworks.com Estimate No. 962 Issued on Tue May 28, 2019 Qty Name Description Rate Amount Tax 1 Service To tear down three-story metal staircase, to $39,331.21 $39,331.21 NON fabricate three-story metal staircase 28 steps and 4 landings up to code, to provide permits and plans, To provide material, labor, Equipment, to provide dumpster, to apply coat of primer, to apply coat of black rustoleum paint, All work Guranteed. Licensed, Bonded, Insured, 1 Service 1. Genuine Material $0.00 $0.00 NON 2. Professional Labor 3. year Warranty 4. Job will take 30-45 days 5.50% Deposit tax $0.00 estimated total $39,331.21 TH, \N K YO U for considering Americana Iron Works & Fence, Inc, Created with wHelpDesk ===== PDF PAGE 58 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO APPLICATION FOR FACADE IMPROVEMENT PROGRAM COAH ik tel [Oo _ pare receivep__ 3 3) i BUILDING PERMIT# APPLICANT AND PROPERTY OWNER INFORMATION a a APPLICANT'S NAME / £: Ves L009 LL ~ APPLICANT'S ADDRESS . ‘ - é K 4£IG) 60) (Chihery JO) _ APPLICANT'S TELEPHONE NUMBER Gs ¢G ©, ESP . _ _ ARE YOU THE PROPERTY OWNER? <_YES NO “IF SO, OWNERSHIP STATUS A SOLE OWNER ____PARTNERSHIP ——CORPORATION ___TRUST | H lial UTHE TENANT? __X_YES __NO | SO, YEARS REMAINING ON LEASE? | IF YOU ARE NOT THE PROPERTY OWNER, PLEASE PROVIDE: | OWNER’'S NAME | OWNER'S ADDRESS OWNER'S TELEPHONE NUMBER PROPERTY INFORMATION PROPERTY ADDRESS OF PROJECT ae = etl peawavenn 7 fw LEGAL DESCRIPTION - oe 7 bt copmemtaseeitteiinti ascii BUSINESS NAME — = ear —-—--+ | HISTORIC BUILDING NAME a oT ===== PDF PAGE 59 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO PAGE 2 APPLICATION FOR FACADE IMPROVEMENT PROGRAM [TENANTS ~~~ BUSINESS OWNER'S NAME —sOSQ FT. ~ LEASE TERMS a I CAG LAE ay — ste iit a a NUMBER OF STORIES ~~ BASEMENT? ___YES _-_NO ae ae a ee ARE THERE DWELLING UNITS ABOVE THE FIRST FLOOR? VES ___NO hl YES, NUMBER OF DWELLING UNITS? _ PROJECT _ - pacrecca ce | DESCRIBE YOUR PROJECT | eee | ===== PDF PAGE 60 ===== [Extraction: OCR (rendered-page OCR)] » CITY OF WEST CHICAGO PAGE 3 APPLICATION FOR FACADE IMPROVEMENT PROGRAM FUNDING . _ SNe ote eee ameter OF GRANT REQUEST — $ 3 er, 7, 7 5 oy ITEMIZATION OF THE WORK TO BE PERFORMED TO MAKE THE NECESSARY REPAIRS DESCRIPTION : ESTIMATED COST set “ARCHITECT $ AWNINGS - g oO CHIMNEY 1S 200 CORNICE ~ _ $ _ [DOORS $ | FASCIA $ FLASHING —F _. GUTTERS ~ -_ i 7 LANDSCAPING $ LIGHTING ~ $ PAINTING 7 $ ~ PORCHES/ RAILINGS oo “TS ROOF t—“CiCS - $ 7 SIGNS _ le SOFFIT = 7 $ = ———_— ee | WALLS $ ‘WINDOWS — -—. $ 7 oR a “Ga (= — a pate pe eppereee pea see ree 2 me aa ===== PDF PAGE 61 ===== [Extraction: OCR (rendered-page OCR)]