===== PDF PAGE 33 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO CITY COUNCIL AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: 7. First Amendment to a Retail & Restaurant Grant 124 Main Street FILE NUMBER: Raised Bakery and Café COMMITTEE DATE: N/A Resolution 24-R-0034 COUNCIL AGENDA DATE: = April 1, 2024 | STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE A CITY ADMINISTRATOR REVIEW: Michael Guttman SIGNATURE ITEM SUMMARY: Raised Bakery & Café was awarded the City’s Retail-Restaurant Grant in an amount not to exceed $10,000 on December 16, 2019. The Grantee, Yolanda Peterson, began the build-out of the space at 124 Main Street in early 2020 but had some personal setbacks that stalled the project. The City Council extended the grant on April 3, 2023 to accommodate the continuation of the project. Since then, the project suffered additional timing setbacks. The circumstances that have led to continued challenges include a burst pipe that required the new flooring to be replaced, a second-floor leak necessitated the remediation of newly replaced flooring in the restaurant, plumbing in the basement had to be replaced due to a structural issue, and a delay in equipment delivery halted progress in the basement. While the business has now received the Certificate of Occupancy, the business is not yet ready to open. Pursuant to the terms in the Agreement, the Grantee is requesting an amendment to accommodate the opening of the bakery within six months. As a reminder, Raised Bakery and Café will be a full-service retail bakery and café, offering a selection of menu items including baked goods and gourmet coffees, as well as a full breakfast and lunch menu. Staff continues to support this request, as Raised Bakery and Café will be a desirable retail business and café, which will generate additional traffic within the downtown. The opening of Raised Bakery and Café will increase local tax revenues and support opportunities for new businesses, along with retention and expansion of existing businesses, in the downtown area. ACTIONS PROPOSED: Consideration of a Resolution authorizing the Mayor to execute an amendment to the Retail-Restaurant Grant Program Agreement in an amount not to exceed $10,000.00 to Raised Bakery & Café for Qualifying Expenditures to the property at 124 Main Street. COMMITTEE RECOMMENDATION: This item did not go to a Committee. Attachments: Draft Resolution and First Amendment; Original Grant Agreement ===== PDF PAGE 34 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 2024-R-0034 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE DOWNTOWN RETAIL & RESTAURANT GRANT 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 a First Amendment to a Downtown Retail & Restaurant 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 A. APPROVED this day of April 2024. AYES: NAYS: ABSTAIN: ABSENT: Mayor Ruben Pineda ATTEST: Executive Office Manager Valeria Perez ===== PDF PAGE 35 ===== [Extraction: OCR (rendered-page OCR)] Exhibit A to Resolution 2024-R-0034 A FIRST AMENDMENT TO THE DOWNTOWN RETAIL & RESTAURANT GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF WEST CHICAGO AND YOLANDA PETERSON This FIRST AMENDMENT to the Downtown Retail & Restaurant Grant Program Agreement (hereinafter referred to as the "AMENDMENT" is entered into this 1st day of April, 2024, 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 "GRANTEE") (the CITY and the GRANTEE are hereinafter collectively referred to as the "PARTIES"); RECITALS WHEREAS, the GRANTEE represents 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 1”, 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 “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, the Corporate Authorities of the City of West Chicago established a Downtown TIF Area Retail & Restaurant Business Grant Program via Resolution 2013-R-0006 on January 21, 2013 (hereinafter referred to as the “PROGRAM”) whereby the CITY may make financial contributions to strengthen retail and restaurant business activity within the AREA; and WHEREAS, the CITY previously approved the GRANTEE’s request for PROGRAM funding in an amount of up to $10,000.00 on December 16, 2019 but was not memorialized via a Grant Agreement; and WHEREAS, the CITY extended the GRANTEE’s approval via a Grant Agreement authorized by Resolution 2023-R-0039 on April 3, 2023 (hereinafter referred to as “GRANT AGREEMENT”); and WHEREAS, the GRANTEE has recently obtained occupancy of the SUBJECT REALTY but has not opened the restaurant within the time frame required in the PROGRAM; and WHEREAS, the GRANTEE is committed to opening the restaurant within the next six months, and, as such, is requesting an extension of the prior approvals, in accordance with the PROGRAM; and WHEREAS, the CITY has determined that it would further the achievement of the objectives of the AREA for the establishment of the proposed business at the SUBJECT REALTY and that the Qualifying Expenditures would be eligible for reimbursement from the CITY based on the terms and conditions of this AGREEMENT and the PROGRAM. NOW, THEREFORE, in consideration of the foregoing premises and in further consideration of the mutual covenants, terms, and conditions herein set forth, the PARTIES do hereby mutually covenant, promise, and agree to amend the GRANT AGREEMENT as follows: Section 1. That Article V, Qualifying Expenditures, of the GRANT AGREEMENT be amended as follows: ===== PDF PAGE 36 ===== [Extraction: OCR (rendered-page OCR)] ARTICLE V QUALIFING EXPENDITURES The CITY shall reimburse GRANTEE for a portion of those PROJECT costs that are “Qualifying Expenditures” and which have actually been expended by GRANTEE: 1. Build out of tenant space; 2. Business start-up related media marketing and advertising; and 3. Other similar types of items as may be approved in the discretion of the Selection Committee, as defined in the PROGRAM. Items that are not eligible for reimbursement under this PROGRAM and GRANT include, but are not limited to: moving expenses; rent; signs; production equipment; payroll; day-to-day operational costs (e.g. utilities, taxes, maintenance, refuse collection, etc.); inventory/product; and City fees, including but not limited to, fees licenses, deposits or other charges. All Qualifying Expenditures must have actually been incurred between the original GRANT approval date through six (6) months after the date of approval of this AGREEMENT FIRST AMENDMENT, and evidenced by an appropriate invoice or receipt satisfactorily indicating payment of the expenses. Documentation for Qualifying Expenditures, enabling payment to the GRANTEE must be submitted no later than seven (7) months after the date of approval of this AGREEMENT FIRST AMENDMENT. Section 2. That Article VI, Obligations of Grantee, item 3, of the GRANT AGREEMENT, be amended as follows: 3. Open the business within six (6) months from the date of approval of this AGREEMENT FIRST AMENDMENT. Section 3. That the PARTIES do hereby mutually covenant, promise, and agree that all other provisions of the GRANT AGREEMENT shall remain in full force and effect. 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 GRANTEE: By: Yolanda Peterson ===== PDF PAGE 37 ===== [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 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 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 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 , 2024. Notary Public ===== PDF PAGE 38 ===== [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 she signed and delivered the said instrument as her own free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , 2024. Notary Public ===== PDF PAGE 39 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT 1 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