===== PDF PAGE 58 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO CITY COUNCIL AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: _____7.F._______ Downtown Investment Program Grant Agreement I for Improvements at 123 Main Street with American COMMITTEE DATE: N/A Legion Post #300 COUNCIL AGENDA DATE: July 6, 2026 Resolution No. 26-R-0060 ~ STAFF REVIEW: Kelley Chrisse, AICP, CEcD SIGNATURE _______________________ _f ITEM SUMMARY: A Downtown Investment Program application has been submitted for 123 Main Street, which includes commercial space on Main Street with an entrance on Tye Court. The proposed scope of work is the replacement of one rooftop mechanical unit. As the improvements are replacing an existing mechanical unit on the roof that is not visible from the public right-of-way, it was determined that a Certificate of Appropriateness is not required by the Historical Preservation Commission. A building permit is required, and an application has been submitted and is under review. Three cost estimates for the proposed improvements have been submitted as required, which include: • Blue Frost Heating, Cooling & Plumbing - $17,050.00 • Chris Heating & Cooling - $19,914.00 • Comfort Care Services - $16,600.00 The proposed project falls within the “Minor Improvements” category and the building, located within the Turner Junction Historic District, is contributing to the district. As a result, this project qualifies for a maximum of 35% reimbursement on eligible expenses, up to $50,000. Using the lowest estimated cost for the improvements, the maximum grant award for this project is $5,810.00, if approved. Within the 2026 budget for the Downtown Investment Program, staff determined that there are sufficient funds available to reimburse up to $5,810.00 for the proposed improvements to 123 Main Street in accordance with the Program’s guidelines and all applicable City Codes. ACTIONS PROPOSED: Consideration of a Resolution authorizing the Mayor to execute a Downtown Investment Program Grant Agreement in an amount not to exceed $5,810.00 for the proposed improvements at 123 Main Street. COMMITTEE RECOMMENDATION: This program was budgeted and meets the program criteria so the item did not go to a Committee. Attachment: Resolution No. 26-R-0060. A Resolution Authorizing the Mayor to Execute a Downtown Investment Program Grant Agreement with American Legion Corporation of West Chicago, Post #300 for 123 Main Street in an Amount Not to Exceed $5,810.00 ===== PDF PAGE 59 ===== [Extraction: embedded PDF text] RESOLUTION NO. 2026-R-0060 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A DOWNTOWN INVESTMENT PROGRAM GRANT AGREEMENT WITH AMERICAN LEGION CORPORATION OF WEST CHICAGO, POST #300 FOR 123 MAIN STREET IN AN AMOUNT NOT TO EXCEED $5,810.00 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 Investment Program Grant Agreement by and between American Legion Corporation of West Chicago, Post #300 and the City of West Chicago, a copy of which is attached hereto and incorporated herein as Exhibit 1. APPROVED this 6th day of July 2026. AYES: NAYS: ABSTAIN: ABSENT: Mayor Daniel Bovey ATTEST: Executive Office Manager Valeria Perez 1 ===== PDF PAGE 60 ===== [Extraction: embedded PDF text] Exhibit 1 to Resolution 2026-R-0060 DOWNTOWN INVESTMENT PROGRAM GRANT AGREEMENT This DOWNTOWN INVESTMENT PROGRAM GRANT AGREEMENT (hereinafter referred to as the "AGREEMENT") is entered into this 6th day of July, 2026, by and between the City of West Chicago, DuPage County, Illinois, an Illinois municipal corporation (hereinafter referred to as the "CITY") and American Legion Corporation of West Chicago, Post #300, a not-for-profit corporation of Illinois, (hereinafter referred to as the "APPLICANT") (the CITY and the APPLICANT are hereinafter jointly referred to as the "PARTIES"); RECITALS WHEREAS, the APPLICANT is the owner of real property located at 123 Main Street in West Chicago (hereinafter referred to as the "SUBJECT REALTY") and legally described in 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, the City Council previously approved ordinance 24-O-0044 to establish the Downtown Investment Program (hereinafter referred to as the “PROGRAM”), whereby the CITY may make financial contributions toward the cost of certain improvements of commercial structures located within the AREA; and, WHEREAS, the SUBJECT REALTY is eligible under the terms of the PROGRAM which the APPLICANT proposed to complete certain 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 to the PROGRAM, and is eligible, for a financial contribution from the CITY toward the cost of the IMPROVEMENTS as detailed and depicted in the PLANS; and, WHEREAS, the CITY has determined that it would further the achievement of the PROGRAM’s objectives for the AREA to improve the commercial structure located upon the SUBJECT REALTY and that said IMPROVEMENTS qualify for financial contributions from the CITY pursuant to the PROGRAM: and, WHEREAS, the CITY desires the IMPROVEMENTS to be completed on the SUBJECT REALTY and agrees to financially contribute toward such IMPROVEMENTS based on the terms and conditions of this AGREEMENT; and, WHEREAS, the APPLICANT desires to complete the IMPROVEMENTS in accordance with the terms and conditions of this AGREEMENT and desires to receive reimbursement from the CITY upon completion of said IMPROVEMENTS; and, 2 ===== PDF PAGE 61 ===== [Extraction: embedded PDF text] WHEREAS, the IMPROVEMENTS do not require the CITY’S Historical Preservation Commission approval of a Certificate of Appropriateness. 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 II AUTHORITY This AGREEMENT is made and entered into by the PARTIES pursuant to and in accordance with the provisions of the ACT. ARTICLE III 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 further agrees to abide by all terms, conditions, and requirements of the PROGRAM. 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 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 the building permit at fifty percent (50%) of the regular building permit fee. Any third-party review and inspection fees incurred as part of the permit remain the responsibility of the APPLICANT. The building permit fee reduction occurs upon permit issuance and is not included in the approved grant reimbursement amount. The APPLICANT shall commence construction within ninety (90) days of the date of executing this AGREEMENT and 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 terminate this AGREEMENT, at which time the APPLICANT must reimburse the CITY for 3 ===== PDF PAGE 62 ===== [Extraction: embedded PDF text] any funds received pursuant to this AGREEMENT. ARTICLE IV REDEVELOPMENT OF THE SUBJECT REALTY Upon the APPLICANT's completion of the IMPROVEMENTS on the SUBJECT REALTY as provided herein, the APPLICANT shall give notice of completion to the CITY, and shall provide the CITY with all receipts, proof of payment 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 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 herein, the CITY shall issue a final inspection report approving the IMPROVEMENTS. Following the issuance of said final inspection report and receipt of all of the required DOCUMENTATION, the City Council shall authorize payment of the CITY'S financial contribution toward the IMPROVEMENTS pursuant to the PROGRAM in an amount equal to the lesser of Five Thousand Eight Hundred Ten Dollars and Zero Cents ($5,810.00), or thirty-five percent (35%) of the amount 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. The time limits set forth herein are mandatory and may not be waived except by written waiver amendment to this AGREEMENT executed by the PARTIES. ARTICLE VI MAINTENANCE The IMPROVEMENTS must be maintained for a period of five (5) years upon their completion. ARTICLE VII LIMITATION ON SUBSEQUENT GRANT APPLICATIONS Upon entering into this AGREEMENT, the APPLICANT is not eligible to apply for a subsequent grant on the SUBJECT REALTY for two (2) years from the date of approval unless the IMPROVEMENTS were not completed. ARTICLE VIII 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 4 ===== PDF PAGE 63 ===== [Extraction: embedded PDF text] 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 IX NOTICES All notices and requests required pursuant to this AGREEMENT shall be sent by certified mail as follows: To the APPLICANT: American Legion Corporation of West Chicago, Post #300 123 Main Street West Chicago, IL 60185 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 X GOVERNING LAWS This AGREEMENT shall be construed and enforced in accordance with the laws of the State of Illinois. ARTICLE XI 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 Daniel Bovey ATTEST: Executive Office Manager Valeria Perez 5 ===== PDF PAGE 64 ===== [Extraction: embedded PDF text] APPLICANT: By: Julia Doggett, Corporation Secretary/Treasurer American Legion Corporation of West Chicago, Post #300 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 6 ===== PDF PAGE 65 ===== [Extraction: embedded PDF text] 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 Daniel Bovey, 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 , 2026. Notary Public 7 ===== PDF PAGE 66 ===== [Extraction: embedded PDF text] 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 Julia Doggett, 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 , 2026. Notary Public 8 ===== PDF PAGE 67 ===== [Extraction: embedded PDF text] EXHIBIT A Subject Realty Legal Description LOT 5 IN BLOCK 2 IN THE TOWN OF JUNCTION (NOW CITY OF WEST CHICAGO) BEING A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. Permanent Index Number (PIN): 04-10-106-006 Property Address: 123 Main Street, West Chicago, IL 60185 9 ===== PDF PAGE 68 ===== [Extraction: embedded PDF text] EXHIBIT B Plans Eligible improvements planned for the subject property include replacing one rooftop mechanical unit. 10