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HomeMy WebLinkAboutOrd 3567 09/17/1985ORDINANCE NO. 3567 AN ORDINANCE AMENDING, IN PART, ORDINANCE NO. 3546 WHICH GRANTED AN EXTENSION OF CERTAIN SPECIFIED PARKING VARIATIONS AND ESTABLISHED AN ESCROW ACCOUNT FOR THE PURPOSE OF ENSURING COMPLETION OF CERTAIN BUILDING IMPROVEMENTS FOR PROPERTY COMMONLY KNOWN AS THE SAKURA RESTAURANT AT ]05-115 SOUTH MAIN STREET IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS ~WHEREAS, upon the Petition of Mr. and Mrs. Fumiko Nakanishi, owners.of the building commonly known as Sakura Restaurant, this Village adopted Ordinance No. 332~, on April 19, ]983 to grant to said restaurant property, a variation from the off-street parking requirements of Section 14.20005.A of Article XX of Chapter ]4 of the Village Code reducing the required parking by nine (9) spaces, upon the condition that the Petitioners make improvements to both Main Street frontage and rear elevations of said property; and WHEREAS, the Petitioners failed to make the required improvements to both front and rear elevations of said property, and the time allowed for the completion of said improvements was expiring and thereby Variations granted reducing the off-street parking would also expire; and the'Village by way'of Ordinance No. 3546 adopted on July 2, 1985, granted an extension of said parking Variations upon the condition that an escrow account be established with the Village as a means of ensuring completion of required building improvements; and WHEREAS, Mr. and Mrs. Fumiko Nakanishi have indicated that presently they are unable to meet the terms and conditions of the escrow agreement as established by Ordinance No. 3546; and WHEREAS, the Village deems it to be in the best interests of the public to allow modifications to the Escrow Agreement as established by Ordinance No. 3546. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS: SECTION ONE: That that portion of Ordinance No. 3546 as it pertains to the establishment of an escrow account be amended and the same shall read as follows: (a) That by no later than September 30, 1985 improvement work shall commence on the Main Street frontage and exterior porch, and said improvements shall be completed on or before November 30, ]985 and that the remaining rear elevation improvements be completed on or before August 3], 1986. Than an escrow account be established with and be maintained by the Village for the purpose oC ensuring the completion of said improvements, pursuant to a written escrow agreement between the Village and Petitioners. c) That upon the signing of the aforementioned Agreement, there will be deposited with the Village of Mount Prospect the sum of $20,000; said sum to be deposited and maintained in this escrow account. Upon execunion of construction agreements by the owners for the exterior porch improvements and the obtaining o~ all required permits, the Director of Economic Development shall approve and authorize a payment of $10,000 from the Escrow Account to the owners. However, no payment will be made that shall reduce the account to less than $10,000. At such time that the aforementioned exterior porch improvements are completed as specified, then such sums as are deposited and maintained in this escrow account shall be paid back to the owners and the account shall be closed. In the event that the 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 any available Village funds. In the event that such amounts are not sufficient to pay for the entire improvement cost, then the owner shall upon reque~st by the Village deposit such additional sums as are needed to cover the improvement cost. (d) During the time that the escrow account is being maintained, any payments due and owing the owners pursuant to the Facade Improvement Program shall be made in accordance with the terms and conditions of the Facade Improvement Program under the direction of the Director of Economic Development. SECTION TWO: This Ordinance effect upon its passage, approval form in the manner provided by law. shall be in full force and and publication in pamphlet PASSED AND APPROVED THIS l?th day of September, 1985. AYES: Arthur, Farley, Floros, Murauskis, Van Geem NAYS: None ABSENT: Wattenberg ATTEST: VILLAGE CLERK -~AGE'/PRES IDENT SAKURA RESTAURANT IMPROVEMENT ESCROW AGREEMENT The Undersigned, Mr. and Mrs. Fumiko Nakanishi, owners of Sakura Restaurant, at ]05-115 South Main Street, in the Village of Mount Prospect, Illinois and the Village of Mount Prospect, an Illinois municipal corporation, do hereby establish an Escrow Account to be held and maintained by the Village of Mount Prospect for the purpose of ensuring completion ~of certain building improvements to property commonly known as Sakura Restaurant, under the following terms and conditions, to wit: Ae Improvements to be completed to the property commonly known as Sakura Restaurant include slate roof repairs and wood finial ornamentation on the Main Street frontage elevation of said property; and the erection of kitchen exterior porch and landscaping improvements to the south portion of the rear elevation of said property, in accordance with approved design concept drawings of November ], 1984 ahd December 8, ]984, as modified by Permit Drawings for rear porch remodeling dated August 23, ]985 and elevation drawings of kitchen addition (owners' architect) dated September ]2, ]985. The Undersigned Owners shall commence the improvement work by no later than September 30, ]985 and shall complete the Main Street frontage and exterior porch improvements on or before November 30, ]985 and the remaining rear elevation improvements on or before August 31, ]986. Upon signing this Agreement, the Undersigned Owners shall deposit with the Village the sum of Twenty Thousand Dollars ($20,000); said sum to be deposited and maintained in this Escrow Account. Upon execution of construction agreements by the Undersigned Owners for the exterior porch improvements and the obtaining of all required permits, the Director of Economic Development of the Village shall approve and authorize a payment of Ten Thousand Dollars ($]0,000) from the Escrow Account to the Undersigned Owners. However, no payment shall be made that will reduce the Escrow Account to less than Ten Thousand Dollars ($10,000). n the event that the 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 any available Village funds. In the event such amounts are not sufficient to pay for the entire improvement cost, then the Undersigned Owners shall, upon request by the Village, deposit such additional funds as are needed to cover the improvement cost. Fe During the time that the Escrow Account is being maintained, any payments due and owing the Undersigned Owners pursuant to the Facade Improvement Program shall be made in accordance with the terms and conditions of the Facade Improvement Program, under the direction of the Director of Economic Development. At such time that the aforementioned exterior porch improvements are completed as specified, then sums as are deposited a~d maintained in this Escrow Account shall be paid back to the Undersigned Owners and the Account shall be closed. This Agreement is entered into this /g~xday of September, ]985. VILLAGE OF MOUNT PROSPECT Owner BY V i ~ la~e PreSident Owner ATTEST: Vi l~l. ag ~ C'lerk MAYOR CAROLYN H, KRAUSE TRUSTEES RALPH W, ARTHUR GERALD L, FARLEY LEO FLOROS NORMAJ. MURAUSKIS GEORGE R, VAN GEEM THEODOREJ. WATTENBERG VILLAGE MANAGER TERRANCEL, BURGHARD Village of Mount Prospect 10OS. Emerson Mount Prospect, Illinois 60056 Phone 312 / 392-6000 Septe~ber 18, 1985 Received of: NHK Enterprises DBA Sakura Restaurant Matsuo an~ Fumiko Nakanishi Village of Mount Prospect Check #13489 $ 4,000.00 Village of Mount Prospect Check #14219 2,127.99 NHK Enterprises, Inc. Check #1130 ]3,872.01 $20,000.00 To be deposited in Escrow Account per attached Agreement. David C. Jepson Finance Director