===== PDF PAGE 29 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO CITY COUNCIL AGENDA ITEM SUMMARY AGENDA ITEM NUMBER: / in Amendment to Downtown Fagade Grant Program Agreement for 124 Main Street FILE NUMBER: ITEM TITLE: Resolution 23-R-0034 COMMITTEE AGENDA DATE: N/A COUNCIL AGENDA DATE: April 3, 2023 STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE CITY ADMINISTRATOR REVIEW: Michael Guttman SIGNATURE ITEM SUMMARY: City Council authorized a Fagade Grant Agreement (2020-R-0035) with Yolanda Peterson on July 20, 2020 to install a second entrance on the side of the building and two awnings at 124 Main Street. The Agreement authorized reimbursement of $2,600.00 upon completion of these improvements. A Building Permit was issued on August 5, 2020 under which the work to install the side entrance door has been completed but the awnings have not. The Agreement states that the work shall be completed within 12 months of issuance of the building permit. Since that did not occur, the grantee is requesting an amendment to the Agreement to allow additional time to complete the work and to update the cost of installing the awnings, as the price has increased. Three updated cost estimates for the design, manufacture and installation of two awnings have been submitted as required: 1) HW Awnings & Canopies for $3,330.00; 2) Thatcher Oaks Awnings for $3,400.00; and 3) Chesterfield Awning, Co. for $5,915.00. The City’s contribution is typically 50% of the lowest estimated cost(s). The difference between the lowest estimate from the original approval and this request is $1,030, which would result in an increased grant amount of $515.00. If approved, the revised grant award would be $3,115.00. The funding for the Program typically comes from the Downtown TIF District, if sufficient funding is available for the Program. However, the termination of the prior Downtown TIF District and the establishment of the new Downtown TIF District has shifted the funding source to the Community Development Department's budget within the General Fund until increment is generated. Within the 2023 budget for Facade Grant Funding, City staff determined that there are sufficient funds available to reimburse up to $3,115.00 to Yolanda Peterson for the completed installation of the second door as well as the successful design, manufacture and installation of two awnings per the Program’s guidelines and in accordance with all applicable City Codes. ACTIONS PROPOSED: Consideration of an amendment to a Facade Grant award to extend the terms of the agreement and authorize an increased reimbursement amount not to exceed $3,115.00 for the installation of a second entrance door and design, manufacture and installation of two awnings at 124 Main Street. The petitioner's request, a Resolution and Grant Agreement reflecting an amount of $3,115.00 are attached. COMMITTEE RECOMMENDATION: This item did not go to a Committee. ===== PDF PAGE 30 ===== [Extraction: OCR (rendered-page OCR)] Raised Bakery and Café Grant Requests The Retail-Restaurant Grant was approved by the City Council for Raised Bakery and Café at 124 Main Street on December 16, 2019. The project to build-out the property began with approval of the Facade Grant. The Facade Grant on behalf of Raised Bakery and Café for adding a side entrance and installing two awnings in the amount of $2,600.00 was approved on July 20, 2020. The permit for the new side door and awning was issued on August 5, 2020. Per the agreement, the grant agreement is valid for 12 months after the permit issuance. Due to the effects of the pandemic and unforeseen personal circumstances, the work was not able to be completed within the 12 months as outlined in the Fagade Grant Agreement and the business did not open within the 6 months required by the Retail & Restaurant Grant. This request is to extend the prior grant approvals with an updated cost for the awnings that were not completed, and adding an ADA door entrance on Main Street. The awning price has increased since the initial estimate was submitted more than three years ago. The need for the ADA entrance was identified after the side door was installed but could not provide the accommodation, which is why it was not included in the original grant approval. The outstanding items for this project will be completed within four months. Nothing besides increased food costs affect the previously submitted Business Plan. This may affect menu pricing but is not expected to affect any other aspect of operations. Submitted by Yolanda Peterson on 3/27/23 ===== PDF PAGE 31 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 2023-R-0034 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED DOWNTOWN FACADE GRANT PROGRAM AGREEMENT WITH YOLANDA PETERSON - 124 MAIN 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 an amended Downtown Facade Grant Program Agreement by and between Yolanda Peterson and the City of West Chicago, a copy of which is attached hereto and incorporated herein as Exhibit 1. APPROVED this day of April 2023. AYES: NAYS: ABSTAIN: ABSENT: Mayor Ruben Pineda ATTEST: Executive Office Manager Valeria Perez ===== PDF PAGE 32 ===== [Extraction: OCR (rendered-page OCR)] Exhibit 1 to Resolution 2023-R-0034 AMENDED DOWNTOWN REHABILITATION FACADE PROGRAM AGREEMENT This AMENDED DOWNTOWN REHABILITATION FACADE PROGRAM AGREEMENT (hereinafter referred to as the "AMENDED AGREEMENT") is entered into this 3rd day of April, 2023, by and between the City of West Chicago, DuPage County, Illinois, an Illinois municipal corporation (hereinafter referred to as the "CITY") and Yolanda Peterson, (hereinafter referred to as the "APPLICANT") (the CITY and the APPLICANT are hereinafter collectively referred to as the "PARTIES"); WITNES SETH: WHEREAS, the APPLICANT is the owner of certain real property located at 124 Main 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 tules 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 proposed 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 corporate authorities of the City of West Chicago authorized a Downtown Rehabilitation Fagade Program Agreement (hereinafter referred to as “AGREEMENT”) with the APPLICANT for IMPROVEMENTS to the SUBJECT REALTY by Resolution 2020-R-0035 on July 20, 2020; and WHEREAS, pursuant to Resolution 2020-R-0035, the APPLICANT has requested an amendment of the AGREEMENT with an extension and revision to the financial contribution from the CITY toward the cost of the IMPROVEMENTS; 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 increased financial contributions from the CITY pursuant to the PROGRAM; and, WHEREAS, the CITY desires the IMPROVEMENTS be completed on the SUBJECT REALTY and extend the term of the agreement and agrees to increase the financial contribution toward such IMPROVEMENTS based on the terms and conditions of this AMENDED AGREEMENT and the PROGRAM; and, WHEREAS, the APPLICANT desires to complete the IMPROVEMENTS in accordance 2 ===== PDF PAGE 33 ===== [Extraction: OCR (rendered-page OCR)] with the terms and conditions of this AMENDED AGREEMENT and the PROGRAM and desires to receive a financial contribution from the CITY for the completion of said IMPROVEMENTS; and, WHEREAS, on February 25, 2020 the CITY’S Historical Preservation Commission approved Certificate of Appropriateness No. 20-02 for the IMPROVEMENTS, which is still valid. 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 AMENDED AGREEMENT and are hereby incorporated into and made a part of this AMENDED AGREEMENT as though they were fully set forth in this Article I and the same shall continue for so long as this AMENDED AGREEMENT is of force and effect. ARTICLE II AUTHORITY This AMENDED 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 AMENDED 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/her 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 by June 30, 2023. If the APPLICANT fails to complete the IMPROVEMENTS within the established timeframe the CITY may rescind the financial contribution agreed upon herein in this AMENDED 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 34 ===== [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 AMENDED 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 Three Thousand One Hundred Fifteen Dollars and Zero Cents ($3,115.00), 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 AMENDED 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 AMENDED AGREEMENT by the PARTIES excusing such timely performance. ARTICLE VI AMENDMENTS This AMENDED AGREEMENT sets forth all the promises, inducements, agreements, conditions and undertakings between the APPLICANT and the CITY relative to the IMPROVEMENTS identified herein this AMENDED 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 AMENDED 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 AMENDED 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 AMENDED AGREEMENT shall be sent by certified mail as follows: To the APPLICANT: Yolanda Peterson 124 Main Street West Chicago, IL 60185 ===== PDF PAGE 35 ===== [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 AMENDED AGREEMENT shall be construed and enforced in accordance with the laws of the State of Illinois. ARTICLE IX COUNTERPARTS This AMENDED 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: Executive Office Manager Valeria Perez APPLICANT: By: Yolanda Peterson ===== PDF PAGE 36 ===== [Extraction: OCR (rendered-page OCR)] STATE OF ILLINOIS ) ) SS. COUNTY OF DUPAGE _ ) 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 Valeria Perez, Executive Office Manager, personally known to me to be the same persons whose names are set forth on the foregoing instrument as such Mayor and Executive Office Manager 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 Executive Office Manager 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 , 2023. Notary Public ===== PDF PAGE 37 ===== [Extraction: OCR (rendered-page OCR)] STATE OF ILLINOIS ) ) SS. COUNTY OF DUPAGE _) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Yolanda Peterson, 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/she/they signed and delivered the said instrument as his/her/their own free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this, day of. , 2023. Notary Public ===== PDF PAGE 38 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT A Subject Realty Legal Description The northerly 25.75 feet in width of Lot 5 of the Warehouse Block, as shown on Plat of the Town of Junction, as established by Decree of the Circuit Court of DuPage County, Illinois, Chancery Case No. 3904, in the Northeast quarter of the Northeast quarter of Section 9, Township 39 North, Range 9, East of the Third Principal Meridian in DuPage County, Illinois. Permanent Index Number (PIN): 04-09-204-010 Property Address: 124 Main Street, West Chicago, IL 60185 ===== PDF PAGE 39 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT B Plans The improvements planned for the subject property include cutting the existing brick window opening to the floor level in on the side of the building to install a second entrance door and installing two awnings with signage. One awning will face Main Street with the other awning being installed over the new entrance on the side of the building.