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HomeMy WebLinkAboutOrd 3546 07/02/1985 708V ORDINANCE NO. 3546 AN ORDINANCE TO GRANT AN EXTENSION OF CERTAIN SPECIFIED PARKING VARIATIONS AND TO ESTABLISH AN ESCROW ACCOUNT FOR THE PURPOSE OF INSURING COMPLETION OF CERTAIN BUILDING IMPROVEMENTS FOR PROPERTY COMMONLY KNOWN AS THE SAKURA RESTAURANT AT 107 SOUTH MAIN STREET IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS WHEREAS, upon the Petition of Mr. and Mrs. Fumiko Nakanishi, owners of Sakura Restaurant, this Village adopted Ordinance No. 3321, on April 19, 1983 to grant to Said restaurant property, a variation from the off-street parking requirements of Section 14.2005.A of Article XX of Chapter 14 of the Village Code to reduce the required parking by nine (9) parking spaces, upon condition that the Petitioners shall provide, among other things, for the development of a total concept of building improvements (including elevations of both the Main Street frontage and the rear elevation of the restaurant) and completion of same; and WHEREAS, pursuant to the Facade Improvement Program, the Village agreed to participate with matching funds for the improvement to both the Main Street Frontage and to the rear of the Sakura Restaurant, to a maximum of $10,000 each for the front and for the rear improvements: and WHEREAS, the design concept drawings for improving both the Main Street frontage and the rear elevation of the restaurant to insure that the architectural character of the building be maintained, dated November 1, 1984 and December 8, 1984 were approved by the Village for implementation by Petitioners: and WHEREAS, to date, completion of said building improvements has fallen way behind schedule, and the following improvements remain to be done, to wit: (a) Slate roof repair and installation of wood finial ornamentation on the Main Street frontage: and (b) Exterior porch improvements on the south portion of the rear elevation of the restaurant building; and (c) Kitchen expansion and landscape improvements on rear elevation. WHEREAS, in order to avoid a termination of the off-street parking variations Petitioners have requested additional time in which to complete these improvements in two phases; the Main Street frontage and exterior porch improvements to be completed by November 30, 1985 and the remaining rear elevation improvements to be completed by June 30, 1986. WHEREAS, the Village deems it to be in the best interest of the public to allow additional time for the completion of said improvements, and to grant an extension of the off-street parking variations, upon the further condition that an escrow account be established by the Village and that Petitioners deposit the weekly sum of One Thousand Dollars ($1,000) into said escrow to insure completion of these improvements under the terms as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS: SECTION ONE: This Board does hereby extend the off-street parking variations granted by Village Ordinance No. 3321 upon the following conditions: (a) That by no later than August 19, 1985 work shall commence upon the Main Street frontage and rear elevation improvements as herein specified above, and such work shall be completed by no later than November 30, 1985 and June 30, 1986 respectively. (b) That an escrow account be established with and be maintained by the Village for the purpose of insuring the completion of said improvements, pursuant to a written escrow agreement between the Village and Petitioners. That commencing on Friday, July 5, 1985, and weekly on each Friday thereafter to and including November 29. 1985, Petitioners shall deposit in said escrow account the weekly sum of One Thousand Dollars ($1,000) which sum shall be retained by the Village pending completion of the specified improvements. In the event that the said Main Street frontage and exterior porch improvements and the remaining rear elevation improvements are completed as specified on or before November 30, 1985 and June 30, 1986 respectively then the Village shall return to Petitioners the money deposited by them in the escrow account; but if said Main Street frontage and exterior porch improvements are not completed by November 30, 1985, then the Village shall undertake the completion of thes.e improvements and shall apply the funds in the escrow account in payment of the cost thereof, including that portion of matching funds to be supplied by the Village under its Facade Improvement Program for said improvements and Petitioners shall be obligated to continue making weekly deposits of $1,O00 in said escrow account through June 27, 1986 or until the remaining rear elevation improvements have been completed. The Village shall undertake similar action with respect to any rear elevation improvements which are not completed by June 30, 1986. During the time that said escrow account shall be maintained, any matching fund payments to be made by the Village to Petitioners pursuant to the Facade Improvement Program shall be deposited in the Escrow Account and shall be credited against subsequent weekly payments otherwise due and owing by Petitioners. SECTION TWO: This Ordinance effect upon its passage, approval and in the manner provided by law. shall be in full force and publication in pamphlet form PASSED AND APPROVED this AYES: NAYS: ABSENT: 2nd day of July, Arthur,j Farley, Murauskis, None Floros, Van Geem ATTEST: VILLAGE CLERK 1985. Wattenberg VILLAGE ~RESIDENT -2- AKURA RESTAURANT IMPROVEMENT ESCROW AGREEMENT The Undersigned, Mr. & Mrs. Fumiko Nakanishi and Osamu Kishida, Owners of Sakura Restaurant, at 107 South Main Street, in the Village of Mount Prospect, Illinois and the Village of Mount Prospect, an Illinois municipal ~rp~rat~on, do hereby establish an Escrow Account to be held and maintained by the Village of Mount Prospect for the purpose of insuring completion of certain building improvements to the Main Street frontage and rear elevation of Sakura Restaurant under the following terms and conditions, to wit: A. Improvements to be completed to Sakura Restaurant include slate roof repairs and wood finial ornamentation on the Main Street frontage elevation of the Restaurant: and the erection of kitchen, exterior porch and landscaping improvements of,.the south portion of the rear elevation of the said restaurant, in accordance with approved design concept drawings of November 1, 1984 and December 8, 1984. B. The Undersigned Owners shall commence the improvement work by no later than August 19, 1985 and shall complete the Main Street frontage and exterior porch improvements on or before November 30, 1985 and the remaining rear elevation improvements on or before June 30, 1986. Owners C. Commencing on Friday, July 5, 1985, the Undersigned shall shall deposit with the Village the sum of One Thousand ollars ($1,000), and on Friday of each week thereafter to and including November 29 1985, the Undersigned Owners shall deposit a similar weekly sum of $1,000 with the Village; said sums to be deposited and maintained in this Escrow Account. D. In the event that the aforementioned improvements are completed as specified by no later than November 30, 1985 and June 30, 1986 respectively, then such sums as are deposited and maintained in this Escrow Account shall be paid back to the Undersigned Owners and the account shall be closed. E. In the event that the Main Street frontage and exterior porch improvements are not completed by November 30, 1985 then the Village shall commence to complete the said improvements using the sums on hand in this Escrow Account together with matching funds of the Village'~ Facade Improvement Program deposited by the Village on behalf of Petitioners, and in addition Petitioners shall be obligated to continue making weekly payments of $1,000 in the Escrow Account to June 27, 1986 or until the rear elevation improvements have been completed. The Village shall follow the same procedure for rear elevation improvements that are not completed by June 30, 1986. In the event such amounts are not sufficient to pay for the entire improvement cost, then the Undersigned Owne~ shall, upon request by the Village, deposit such additional funds as are needed to cover the improvement costs. F. During the time that the Escrow Account is being maintained, matching fund deposits made by the Village pursuant to -2- he Facade;W"~srovement, , Program shall be credited ~ ~t subsequent weekly payments, otherwise due and owing by Petitione~m. G. In the event that following completion of the subject improvements as specified and payment of the improvement costs, there remains any funds on hand in this Escrow Account, then the Village shall return the same to the Undersigned Owners. This Agreement is entered into this day of July, 1985. VILLAGE OF MOUNT PROSPECT Owner Owner Owner By Village President ATTEST: VILLAGE CLERK -3- he Facade Improvement Program shall be'credited against subsequent weekly payments, otherwise due and owing by Petitioners. G. In the event that following completion of the subject improvements as specified and payment of the improvement costs, there remains any funds on hand in this Escrow Account, then the Village shall return the same to the Undersigned Owners. This Agreement is entered into this day of July, 1985. VILLAGE OF MOUNT PROSPECT Owner Owner PreS,ident -- ATTEST: VILLAGE CLERK -3-