===== PDF PAGE 11 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO DEVELOPMENT COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: 6 Downtown Fagade Grant Program Agreement 146-148 Washington Street FILE NUMBER: H & H Specialty, LLC COMMITTEE AGENDA DATE: May 10, 2021 Resolution No. 21-R-0035 COUNCIL AGENDA DATE: STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE Ze —_ CITY ADMINISTRATOR REVIEW: Michael Guttman SIGNATURE ITEM SUMMARY: H & H Specialty, LLC, as represented by Sarah Harms, property owner of the building at 146-148 Washington Street, has requested Fagade Grant Program funding for the purpose of replacing the building’s roof and tuck-pointing exterior brick. The proposed improvements are both eligible expenditures under the Program’s guidelines and complies with the City’s Building and Zoning Code regulations. H & H Specialty, LLC submitted three (3) estimates each, for both the roofing and the tuck-pointing projects. The estimates secured for the roofing project: (1) Showalter Roofing Service for $34,750.00; (2) Combined Roofing Services, LLC for $44,380.00; and AJ’s Home Improvement for $26,850.00. The estimates secured for the tuck-pointing project: Terrace Masonry for $3,800.00; Millennium Tuckpointing for $6,800.00; and Hancock Tuckpointing & Masonry for $2,600.00. The City’s contribution is typically 50% of the lowest estimated cost(s), which in this instance is a combined $14,725.00. This amount is reflected in the Downtown Rehabilitation Fagade Program Agreement (“Grant Agreement’), a copy of which is included as Exhibit A of the attached Resolution. The funding for the Program comes from the downtown T.I.F. district, if sufficient funding is available for the Program. City staff determined that there are sufficient funds available to reimburse up to $14,725.00 to H & H Specialty, LLC, for the successful replacement of the aforementioned roof and exterior brick tuck-pointing per the Program’s guidelines. ACTIONS PROPOSED: Consideration of an award of a Facade Grant to H & H Specialty, LLC in an amount not to exceed $14,725.00 to complete roof replacement and exterior brick tuck-pointing per the attached scopes of work at 146-148 Washington Street. A Resolution and Grant Agreement reflecting an amount of $14,725.00 are attached. COMMITTEE RECOMMENDATION: ===== PDF PAGE 12 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 21-R-0035 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CERTAIN DOWNTOWN FACADE GRANT PROGRAM AGREEMENT H & H SPECIALTY, LLC — 146-148 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 Fagade Grant Program Agreement by and between the H & H Specialty, LLC and the City of West Chicago, a copy of which is attached hereto and incorporated herein as Exhibit “A”. APPROVED this day of , 2021. AYES: NAYS: ABSTAIN: ABSENT: Mayor Ruben Pineda ATTEST: City Clerk Nancy M. Smith ===== PDF PAGE 13 ===== [Extraction: OCR (rendered-page OCR)] Exhibit A to Resolution 21-R-0035 DOWNTOWN REHABILITATION FACADE PROGRAM AGREEMENT This DOWNTOWN REHABILITATION FACADE PROGRAM AGREEMENT (hereinafter referred to as the "AGREEMENT") is entered into this day of , 2021, by and between the City of West Chicago, DuPage County, Illinois, an Illinois municipal corporation (hereinafter referred to as the "CITY") and H & H Specialty, 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 146-148 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 14 ===== [Extraction: OCR (rendered-page OCR)] WHEREAS, on February 23", 2021 the CITY’S Historical Preservation Commission approved Certificates of Appropriateness No. 21-03 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 I 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 I AUTHORITY This AGREEMENT is made and entered into by the PARTIES pursuant to and in accordance with the provisions of the ACT. ARTICLE I 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 15 ===== [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 Fourteen Thousand Seven Hundred and Twenty Five Dollars and Zero Cents ($14,725.00), 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 VI NOTICES All notices and requests required pursuant to this AGREEMENT shall be sent by certified mail as follows: To the APPLICANT: H & H Specialty, LLC C/O Sarah Harms 641 Nor Oaks Court West Chicago, IL 60185 ===== PDF PAGE 16 ===== [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: Sarah Harms ===== PDF PAGE 17 ===== [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. , 2021 Notary Public ===== PDF PAGE 18 ===== [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 Sarah Harms, 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. , 2021. Notary Public ===== PDF PAGE 19 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT A P.LN.: 04-09-203-007 Legal Description: Lot 3 of Isherwood’s Assessment Plat of part of the North East Quarter of Section 9, Township 39 North, Range 9, East of the Third Principal Meridian, according to the plat thereof recorded July 22, 1959, as Document 932525, in DuPage County, Illinois. ===== PDF PAGE 20 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT B (Insert PLANS here) 8