===== PDF PAGE 40 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO CITY COUNCIL AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: Lf 5 Second Downtown Fagade Grant Program Agreement for 124 Main Street FILE NUMBER: Resolution 23-R-0035 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: A second Fagade Grant request has been submitted for additional improvements to 124 Main Street. The scope of work approved in the prior Agreement included the installation of a second entrance on the side of the building. That change, however, triggered requirements to provide an accessible entrance, whict was not accounted for when the second entrance was installed. As such, the property owner (124 Mair WC LLC) is requesting additional grant funding to replace the existing entry door facing Main Street with < taller door to eliminate the threshold and provide grade-level access. The scope of work to replace the entrance door is an eligible expense. The removal of the threshold wil extend the overall height of the door but will not modify the top of the opening. The Historical Preservatior Commission reviewed the proposed improvement and approved Certificate of Appropriateness 23-06 or March 28, 2023. Three cost estimates for the installation of the new entry door on Main Street have been submitted a: required: 1) Rainbow Glass & Trim Ltd for $4,600.00; 2) A&G Glass and Mirror for $4,600.00; and 3) Atla: Door Repair for $11,998.00. The City’s contribution is typically 50% of the lowest estimated cost(s), whict would result in a grant award of $2,300.00, if awarded. 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’: budget within the General Fund until increment is generated. Within the 2023 budget for Facade Gran Funding, City staff determined that there are sufficient funds available to reimburse up to $2,300.00 to 12« Main WC LLC for the completed installation of the entrance door on Main Street per the Program’: guidelines and in accordance with all applicable City Codes. ACTIONS PROPOSED: Consideration of a second Fagade Grant award for improvements to 124 Main Street to replace the entn door on Main Street with a reimbursement amount not to exceed $2,300.00. The petitioner’s request Resolution and Grant Agreement reflecting an amount of $2,300.00 are attached. COMMITTEE RECOMMENDATION: This item did not go to a Committee. ===== PDF PAGE 41 ===== [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 Facade 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 42 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 2023-R-0035 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A DOWNTOWN FACADE GRANT PROGRAM AGREEMENT WITH 124 MAIN WC LLC - 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 a Downtown Facade Grant Program Agreement by and between 124 Main WC LLC 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 43 ===== [Extraction: OCR (rendered-page OCR)] Exhibit 1 to Resolution 2023-R-0035 DOWNTOWN REHABILITATION FACADE PROGRAM AGREEMENT This DOWNTOWN REHABILITATION FACADE PROGRAM AGREEMENT (hereinafter referred to as the "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 124 Main WC 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 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 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 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 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; and, WHEREAS, on March 28, 2023 the CITY’S Historical Preservation Commission approved Certificate of Appropriateness No. 23-06 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: ===== PDF PAGE 44 ===== [Extraction: OCR (rendered-page OCR)] ARTICLE IJ 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 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/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 and other fees, except building permit fees as noted below, 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 CITY shall issue such the building permit at fifty (50) percent of the regular building permit fee, in accordance with Sec. 4-106 (g) of the Code of Ordinances of the City of West Chicago. The APPLICANT shall complete the IMPROVEMENTS within six (6) 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 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 45 ===== [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 Two Thousand Three Hundred Dollars and Zero Cents ($2,300.00), 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: 124 Main WC LLC c/o Yolanda Peterson 124 Main Street West Chicago, IL 60185 ===== PDF PAGE 46 ===== [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: Executive Office Manager Valeria Perez APPLICANT: By: Yolanda Peterson ===== PDF PAGE 47 ===== [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 48 ===== [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 49 ===== [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 50 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT B Plans The improvements planned for the subject property include removing the existing threshold (circled on the photo below) on the Main Street entrance door opening to provide an at-grade accessible entrance. The scope of work pursuant to this Agreement only includes the cost and installation of a new entry door with accessible hardware in accordance with the Illinois Accessibility Code, frame and transom to extend from grade level to the top of the existing opening.