===== PDF PAGE 47 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO CITY COUNCIL AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: Third Amendment to a Retail & Restaurant Grant 124 Main Street, Raised Bakery and Café FILE NUMBER: COMMITTEE DATE: N/A Resolution 24-R-0094 COUNCIL AGENDA DATE: December 16, 2024 x STAFF REVIEW: Kelley Chrisse, AICP, CEcD SIGNATURE bal Chee 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 and construction setbacks that stalled the project. The City Council formalized approval of the grant and extended the timeline on April 3, 2023 via Resolution 2023- R-0036. Since then, the City Council extended the grant on April 1, 2024 via Resolution 2024-R-0034 and again on October 7, 2024 via Resolution 24-R-0073 to accommodate the continuation of the project. The business has received the Certificate of Occupancy but has not yet passed the Health Department inspection required to open. Pursuant to the terms in the Agreement, the Grantee is requesting an amendment to accommodate the opening of the bakery by December 31, 2024. 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 Resolution 24-R-0094 authorizing the Mayor to execute a third amendment to the Retail- Restaurant Grant Program Agreement in an amount not to exceed $10,000.00 for the build-out of Raised Bakery & Café at 124 Main Street. COMMITTEE RECOMMENDATION: This item did not go to a Committee. Attachments: Resolution and Third Amendment ===== PDF PAGE 48 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 2024-R-0094 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A THIRD 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 Third 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 16th day of December 2024. AYES: NAYS: ABSTAIN: ABSENT: Mayor Ruben Pineda ATTEST: Executive Office Manager Valeria Perez ===== PDF PAGE 49 ===== [Extraction: OCR (rendered-page OCR)] Exhibit A to Resolution 2024-R-0094 A THIRD AMENDMENT TO THE DOWNTOWN RETAIL & RESTAURANT GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF WEST CHICAGO AND YOLANDA PETERSON This THIRD AMENDMENT to the Downtown Retail & Restaurant Grant Program Agreement (hereinafter referred to as the "AMENDMENT") is entered into this 16th day of December, 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 23-R-0039 on April 3, 2023 (hereinafter referred to as “GRANT AGREEMENT”); and WHEREAS, the CITY extended the GRANTEE’s approval via a First Amendment to the Grant Agreement authorized by Resolution 24-R-0034 on April 1, 2024; and WHEREAS, the GRANTEE has obtained occupancy of the SUBJECT REALTY but has not opened the restaurant within the time frame required in the PROGRAM; and WHEREAS, the CITY extended the GRANTEE’s approval via a Second Amendment to the Grant Agreement authorized by Resolution 24-R-0073 on October 7, 2024; and WHEREAS, the GRANTEE is taking steps to address remaining items to obtain a food service permit from the DuPage County Health Department, which is required to open the business; and WHEREAS, the GRANTEE is committed to opening the restaurant by the end of the year, and, as such, is requesting a third 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. ===== PDF PAGE 50 ===== [Extraction: OCR (rendered-page OCR)] 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: 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 Nevember30,2024 December 31, 2024, 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 Nevember30,2024 December 31, 2024. Section 2. That Article VI, Obligations of Grantee, item 3, of the GRANT AGREEMENT, be amended as follows: 3. Open the business by Neverber30,2024 December 31, 2024. 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 ===== PDF PAGE 51 ===== [Extraction: OCR (rendered-page OCR)] GRANTEE: By: Yolanda Peterson ===== 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 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 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 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 54 ===== [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 ===== PDF PAGE 55 ===== [Extraction: OCR (rendered-page OCR)] Them # 9.A, ORDINANCE NO. 24-0-0036 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST CHICAGO - ALCOHOL SALES AT GAS STATIONS WHEREAS, the City of West Chicago has had a long-standing policy of not allowing any additional Class C-4 Liquor Licenses as detailed in the City Code; and WHEREAS, this policy is evidenced by the reduction of Class C-4 Liquor Licenses from three to one over the last twenty-two years as gas stations closed and/or changed hands; and WHEREAS, several local merchants who operate gas stations with convenience stores have requested that the City of West Chicago consider changing this policy to level the playing field with the one gas station in town that has maintained its liquor license over time as well as with other convenience stores in the area; and WHEREAS, the City Council reviewed information provided by the Western DuPage Chamber of Commerce and City staff and has indicated its willingness to consider allowing additional Class C-4 liquor licenses in West Chicago, with additional regulations in place; and WHEREAS, the City Council, in recognition of the impact of a change to the current C-4 liquor license terms to the only existing License Holder, deems it appropriate to defer the application of the new license restrictions to this License Holder until July 1, 2025. Said deferral will permit said License Holder an opportunity to deplete any stocked products acquired in reliance on the previously existing license terms. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of West Chicago, DuPage County, Illinois, in regular session assembled as follows: SECTION 1. That Sec. 3-10(c). of the Code or Ordinances of the City of West Chicago titled “Classifications” is hereby deleted in its entirety as it relates to Class C-4 Liquor Licenses and the following language shall replace it: “Sec. 3-10. — Classifications. Class C-4 license authorizes the retail sale, on the premises specified, of beer and wine in its original individual package, not for consumption on the premises. To qualify for a Class C-4 license, the premises must be primarily used as a gas station and have a convenience store associated with it of at least three thousand five hundred (3,500) square feet in size. The following additional requirements apply to all Class C-4 licenses: (1) The floor area devoted to beer and wine sales within the convenience store shall not exceed more than fifteen percent (15%) of the total retail sales area and shall be in a segregated area, approved by the local liquor control commissioner, so designed to be separate, distinct and visible by an employee working behind the counter where transactions occur; (2) Beer shall only be sold in packages containing quantities of six (6) or more cans or bottles; sales of individual bottles or cans is strictly prohibited. ===== PDF PAGE 56 ===== [Extraction: OCR (rendered-page OCR)] (3) Wine shall not be sold in containers less than 750 ml; and (4) Each transaction for the sale of alcoholic liquor shall be with point-of-sale equipment that shall scan the identification of the customer as to verify age.” SECTION 2. That Sec. 3-12(d) of the Code or Ordinances of the City of West Chicago titled “Record Number of Licenses” as it relates to not allowing the number of Class C-4 licenses to increase is hereby deleted in its entirety. SECTION 3. That all ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, expressly repealed. SECTION 4. The holder of the one existing Class C-4 Liquor License at the time of the passage of this Ordinance shall be provided a deferral for compliance with the new terms until July 1, 2025. Effective July 1, 2025, said License Holder shall fully comply with all terms and conditions set forth in the then existing C-4 license requirements. PASSED this 16" day of December 2024. Alderman D. Beebe Alderman L. Chassee Alderman J. Sheahan Alderman H. Brown Alderman A. Hallett Alderman C. Dettmann Alderman M. Birch-Ferguson Alderman S. Dimas Alderman C. Swiatek Alderman J. Smith, Jr. Alderman R. Stout Alderman J. Short Alderman J. Banas Alderman J. Morano APPROVED as to form: City Attorney APPROVED this 16" day of December 2024. Mayor Ruben Pineda ATTEST: Valeria Perez, Executive Office Manager PUBLISHED: 17" day of December 2024.