HomeMy WebLinkAbout08-208 � 7
Resolution No. 08-208
RESOLUTION
APPROVING LOAN UNDER THE SPECIAL BUSINESS LOAN PROGRAM
FOR BUILDING IMPROVEMENTS IN ELGIN CENTER CITY
(Al's Café& Creamery, 43 DuPage Court)
WHEREAS, the City of Elgin and certain banks and savings and loan institutions have
established a special business loan program for building improvement in Center City Elgin for
revitalization purposes; and
WHEREAS,Anthony and Patricia Jamin,the owners and operators of Al's Café&Creamery
at 43 DuPage Court, have submitted applications to the National Bank and Trust Company of
Sycamore for a loan under the special business loan program; and
WHEREAS, the National Bank and Trust Company of Sycamore have approved this loan
under the special business loan program; and
WHEREAS,the loan is for the improvement of a type of business located in an area of the
Center City of Elgin which meets the eligibility requirements of the special business loan program;
and
WHEREAS, the loan application meets the general requirements concerning type of
financing, contractor bids of the special loan program; and
WHEREAS, the loan applicants meet the qualifying standards as set out in the special
business loan program; and
WHEREAS,it is determined that funds are available for the loan,the development plans are
compatible with the Center City development plans, and the application is in adherence to the
objectives and regulations of the program.
NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,are hereby
authorized to approve the special business loan agreement as set forth in the loan approvals of the
National Bank and Trust Company of Sycamore attached hereto and made a part hereof by reference,
and to make monthly interest payments in the amount indicated on the Center City special business
loan agreement between the National Bank and Trust Company of Sycamore and the City.
s/Ed Schock
Ed Schock, Mayor
Presented: September 10,2008
Adopted: September 10, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
, 4
CITY OF ELGIN CENTER CITY SPECIAL
BUSINESS LOAN AGREEMENT
l41,\ THIS AGREEMEN is hereby made and entered into
this day of .a,. ' , 2008 , by and between the City of
Elgin, Illinois, a municipal corporation (hereinafter
referred to as the "City" ) , and the Patricia Luyten Jamin,
an Illinois Limited Liability Company; Patricia Luyten
Jamin and Anthony Jamin. (hereinafter referred to as the
"Owners" ) .
WHEREAS, the City has established a City of Elgin
Center City Special Business Loan Program for building
improvements in the Center City area in an effort to
stimulate expansion, reinvestment and business retention, a
copy of such Center City Special Business Loan Program for
building improvements being attached hereto and made a part
hereof as Exhibit "A" (hereinafter referred to as the
"Program" ) ; and
WHEREAS, the Program contemplates the City paying a
portion of financing costs for eligible building
improvements ; and
WHEREAS, Owners are the Owners in the real property
commonly known as 43 DuPage Court , Elgin, Illinois,
(hereinafter referred to as the "Subject Property" ) which
is located in the Center City area as described in Program
hereto; and
i
WHEREAS, Owners have applied for and obtained approval
for a loan agreement to finance the cost of the proposed
building improvements on the Subject Property, a copy of
such loan agreements being attached hereto and made a part
hereof as Exhibit "C" (hereinafter referred to as the
"Subject Loan A reements ,• and.g )
WHEREAS, Owners have completed an application for
participation in the subject Program which identifies the
proposed improvements to the Subject Property, a copy of
Owner ' s application for participation in the Subject
Program being attached hereto and made a part hereof as
Exhibit "B" .
NOW, THEREFORE , for and in consideration of the mutual
promises, covenants and undertakings contained herein, and
other good and valuable consideration, the sufficiency of
which is hereby mutually acknowledged, the parties hereto
hereby agree as follows :
1 . That the foregoing recitals are hereby
incorporated into and made a part of this agreement in
their entirety.
2 . That Owners application for participation in the
Program is hereby approved.
3 . That as long as the Owners continue to make
regularly scheduled loan payments on the Subject Loan
Agreement and otherwise comply with the terms of this
agreement City shall pay an interest subsidy on the Subject
Loan Agreements consisting of monthly reimbursement
payments to Owners in the amount equal to 90% of the first
year ' s interest, 80% of the second year ' s interest , 70% of
the third year' s interest , 60% for the remaining four
months of the loan term for the fourth years interest ,
commencing as of July 1, 2008 , upon receipt of verification
of payment from lender and pursuant to the amortization
and payment schedules attached hereto and made a part
hereof as Exhibit "D" .
4 . In no event shall the interest rate exceed
fifteen (15%) percent . In no event shall the total loan
amount exceed $200, 000 . In no event shall the interest
payments exceed $22 , 431 . The Owner shall make all other
principal and interest payments and all other payments on
the Subject Loan Agreements . The City is not and shall not
be deemed to be a party to the Subject Loan Agreements or
an obligor or obligee thereunder. This agreement in
general , and the City' s agreement to make interest payments
hereunder in particular, shall not be construed, and shall
not be relied upon by any party, including, but not limited
to, the lender in the subject loan agreement or any
successor or assign thereof, to require the repayment of
any principal loan amounts, the execution of any mortgage
loan documents, or to otherwise act as a guarantor on any
loan agreements under any circumstances . Additionally, the
provisions of this agreement shall not be construed so as
to create any obligations as to City based on any theory of
equitable or promissory estoppel .
5 . In the event any of the Owners convey any of
their respective interests in Subject Property prior to
November 1, 2011 , Owner shall refund all payments made by
city pursuant to this agreement no later than 30 days after
such conveyance . Each Owner shall be jointly and severally
liable to City for such refund payments .
6 . That the terms, requirements and conditions of
the Program as set forth in Exhibit "A" hereto are hereby
incorporated into and made a part of this agreement in
their entirety. The City' s obligations under this agreement
including but not limited to the City' s obligations to make
continued interest payments are subject to Owners' ongoing
compliance with all terms and requirements of the Program
and this agreement .
7 . That upon completion of the improvements, and for
a period of five (5) years thereafter, Owners shall
properly maintain the improvements in their finished form,
without alteration or change thereto.
8 . That nothing herein is intended to limit,
restrict or prohibit the Owners from undertaking other work
in or about the Subject Property which is unrelated to the
improvements provided for in this agreement .
9 . That this agreement may not be assigned without
the prior written consent of the City.
10 . Owners hereby agrees to hold harmless, defend and
indemnify the City from and against any and all causes of
action, suits, claims for damages and any and all other
liability which may arise out of or in connection with the
proposed improvements or other work at the Subject
Property, or which may arise out of or in connection with
Owners or Owners ' agents, employees' , contractors' and
assigns' negligent performance of any of the terms of this
agreement . In the event the provisions of this paragraph
are invoked, counsel for City shall be of City ' s choosing.
The terms and provisions of this paragraph shall survive
any termination and/or expiration of this agreement .
11 . That this agreement shall not be construed to
create a partnership, joint venture or employment
relationship between the parties hereto .
12 . Owners shall also pay when due all other
obligations for the subject property including but not
limited to payments on any other loans, real estate taxes
and insurance .
13 . That this agreement shall be subject to and
governed by the laws of the State of Illinois . Venue for
the resolution of any disputes or the enforcement of any
rights arising out of or in connection with this agreement
shall be in the Circuit Court of Kane County, Illinois .
14 . That the terms of this agreement shall be
severable . In the event that any of the terms or
provisions of this agreement are deemed to be void or
otherwise unenforceable for any reason, the remainder of
this agreement shall remain in full force and effect .
15 . That notices regarding in this agreement shall be
sent to the parties at the following addresses :
To: City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
Attention: City Manager (with a copy to
Corporation Counsel)
To : Al ' s Café & Creamery
43 DuPage Court
Elgin, Il 60120
16 . This agreement constitutes the only agreement
between the parties hereto regarding the subject matter
here of . There are no other agreements , either oral or
implied, in existence between the parties hereto regarding
the subject matter hereof . The terms and provisions of
this agreement shall not be amended unless such amendments
are in writing and, are properly executed by the parties
hereto .
17 . In the event of Owners' breach of any of the
terms of this agreement , Owners' shall refund to City the
full amount of any payments made by City to Owners' or to
any other entity on Owners' behalf, including but not
limited to, any lender, upon thirty (30) days written
demand. City shall thereafter be entitled to any and all
other rights and remedies as may be available to it by law.
All parties to this Agreement , including Patricia Luyten
Jamin, LLC, Patricia Luyten Jamin and Anthony Jamin shall
be jointly and severally liable to the City pursuant to
this Agreement .
18 . This agreement shall terminate on November 1,
2016 . City may terminate this agreement for any or no
reason upon fourteen (14) days written notice . In the
event City terminates this agreement, City shall be under
no further obligations pursuant to this agreement, and
Owners shall be entitle to no further relief pursuant to
this agreement .
IN WITNESS WHEREOF, the parties hereto have entered
into and executed this agreement the day and year first
written above .
CITY OF ELGIN Al' s Café & Creamery
By:
'
Olufemi elari Pat is a + en Ja
City Man- ter Il1 'nois � C
Attest: P ri is L ten Jami
City Clerk
nthon Jamin
- J
``Ci OF EEC,.
$RATED fE6,
CITY OF ELGIN
Center City Special Business Loan Program
PURPOSE STATEMENT:
The City of Elgin and the Elgin financial institutions have
established a special loan program for building improvements and
business development in Center City Elgin in an effort to stimulate
expansion, reinvestment and business retention. Interest on loans,
for loans up to a total maximum amount of $200, 000 per project, may
be subsidized by the City of Elgin for the first five years of the
loans .
LOAN TERMS :
Interest Rate: May not exceed 15%. Must be at or above Prime
rate of interest
Terms of Loan: Up to a 10 year amortization/conventional
commercial loans
Up to a 30-year amortization/home equity and
second mortgage loans
Collateral : First or second mortgage on property
Maximum Loan: Up to $200, 000 per building project
Purpose of Loan: Shall be used only for the acquisition or
lease of operating facilities, the purchase of
equipment or fixtures, space built out or
inventory
Conventional Commercial Loan
Monthly Payments: Interest payments by the City shall be at the
following rates payable over a period of five years :
1st year - 90% of first year interest costs
2nd year - 80% of second year interest costs
3rd year - 70% of third year interest costs
4th year - 60% of fourth year interest costs
5th year - 50% of fifth year interest costs
Home Equity and Second Mortgage
Monthly Payments: Interest payments by the City shall be at the
following rates payable over a period of five years :
1st year - 85% of first year interest costs
2nd year - 75% of second year interest costs
3rd year - 65% of third year interest costs
4th year - 55% of fourth year interest costs
5th year - 45% of fifth year interest costs
Notwithstanding anything to the contrary in this loan program
the maximum amount of interest payments by the City for any loan
shall be in the maximum amount of $92 , 365 . 29 .
ELIGIBILITY REQUIREMENTS :
To be eligible to apply for this special loan program, the applying
business must satisfy both of the following criteria :
1 . Geographic : The business must be located in Center City
Elgin, in the areas outlined in the accompanying target
area map.
2 . Type of Business : The business must be engaged in
retailing, wholesaling, distribution, professional
services, technology industry and other types of general
commercial and retail lines of business consistent with
those business uses identified as desirable in the
adopted Riverfront/Center City Master Plan.
GENERAL REQUIREMENTS:
1 . This program does not include financing for furniture,
standard office equipment (i . e . personal computers and
related equipment) or operating capital .
2 . Building improvements must be done by an independent
contractor. Agreement with contractor must be supported
by two different contractor bids .
3 . Any business which is approved and is to receive benefits
under this Center City Special Business Loan Program must
execute a written agreement with the City in a form as
directed by the City which shall include the terms
necessary to comply with the provisions of the program
requirements and which shall include an agreement by such
business to complete building improvements within a
specified time period and to thereafter remain in
business at the specified location for a period of not
less that three years . If the business is required to
vacate the Center City location due to action directed or
supported by the City, the business must relocate within
the Center City in order to retain the benefits of the
Business Loan Program.
4 . Participants in the Center City Special Loan Program
must provide annual financial statements to the City
during participation in the program.
QUALIFYING STANDARDS:
1 . Applicant business and owner must have an acceptable
credit history with a record of timely loan payments .
2 . Business profits and cash flow must be sufficient to
support loan payments in accordance with the customary
loan (with the loan to value ratio not to exceed 75% to
80%) unless other collateral or financial strength is
provided.
APPLICATION PROCESS:
1 . Eligible businesses should request a complete copy of the
program guidelines and a loan application form. Once the
loan is conditionally approved and structured by the
lending institution, the lender shall complete a loan
proposal for submission to the City of Elgin for final
approval .
NO RIGHTS ESTABLISHED:
1 . The provisions of this program are intended to provide
guidelines for considering applications related to
business development entities seeking to participate in
the Center City Special Business Loan Program. The City
of Elgin, in its sole and exclusive discretion, shall
determine whether to provide any of the incentives
contemplated by this program after duly considering the
costs incurred by the City of Elgin for providing the
incentives and after considering the relative gain
derived by the public from those incentives . The City of
Elgin further expressly reserves the right and option to
decide at any time whether or not to provide continued or
additional funding for this program. The creation of
existence of this program shall not be construed to
create or provide any vested rights in any person or
organization to obtain approval of a program application,
a program agreement or any incentive, grant , rebates or
funding thereunder.
CORRESPONDENCE:
1 . Please direct questions and comments regarding this
program to: Ray Moller, Director of Economic Development
and Business Services at 847-931-6749 or Lindsay Stanton,
Economic Development Coordinator at 847-931-5593 .
(Map remains the same)
APPLICATION FOR
CITY OF ELGIN
CENTER CITY SPECIAL BUSINESS LOAN PROGRAM
Date :
Loan Amount Requested: $ Total Project Cost : $
Company Name :
Address :
Phone :
Owner' s Name (s) :
Type of Business :
Purpose of Loan:
Does this loan represent an addition to a loan previously approved
for this project? YES NO
If yes, please indicate original amount, date approved and total
loan amount with proposed increment .
Original loan approved: $
Date Approved:
Total loan with proposed increment : $
BREAKDOWN OF PROJECT
AMOUNT CONTRACTOR DESCRIPTION OF WORK
1 . $
2 . $
3 . $
4 . $
OTHER CONTRACTOR BIDS OBTAINED
DESCRIPTION OF PROPERTY:
(Size & Description)
APPRAISED VALUE:
OWNER IN TITLE:
EXISTING MORTGAGE
ON PROPERTY:
OTHER INFORMATION REQUIRED INITIALLY:
1 . Business Year end Financial Statements - last two years.
2 . Business Interim Financial Statement - current year-to-date.
3 . Personal Financial Statement - current .
4 . Copy of Contractor Estimates .
5 . Corporate and/or Personal Tax Returns may be required.
6 . Appraisal of property may be required.
The undersigned applicant hereby certifies that the loan funds
obtained shall be used for the purposes outlined in this
application.
DATE
Applicant Business
BY:
Owner
Please deliver this completed application to the bank or savings
and loan official of your choice . They will process your credit
application and submit a loan proposal to the City of Elgin for
final approval .
Revised 04-09-2008
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Loan Amount Requested: $33 (200 Total Project Cost : $
Company Name: �[.. i3 (2/ ' C...+C efi` t c
Address : 4/3 rJ L?f a / • f74 ' r
4 ( / L 6of 2 o
Phone: ?L - 7L/2 /l 3 rgreici LO rTtil J , rim"
Owner' s Name (s) / 0 4
Type of Business : 1E5�1 Al {,( i\--t 1
Purpose of Loan: 0 /3/ ��P 1 ' 7 l 4 c l Si , k/c�7 gus , ,a,s�
Does this loan represent an addition to a loan previously approved
for this project? YES },/ NO
If yes, please indicate original amount, date approved and total
loan amount with proposed increment .
Original loan approved: $
Date Approved:
Total loan with proposed incremenx $ 1j 000 -- /5 refie% �ok'� n 6 L
BREAKDOWN OF PROJECT ��
AMOUNT CONTRACTOR DESCRIPTION OF WORK
1 . $
2 . $
3 . $
4 . $
OTHER CONTRACTOR BIDS OBTAINED
Revised 2005
DESCRIPTION OF PROPERTY:
(Size & Description)
APPRAISED VALUE : `Ltd—r( ! �M/ L
OWNER IN TITLE: (PAJX% CIl,' •
EXISTING MORTGAGE J / I �S:5 2' L,I3 t7 ,
ON PROPERTY:
OTHER INFORMATION REQUIRED INITIALLY:
1 . Business Year end Financial Statements - last two years.
2 . Business Interim Financial Statement - current year-to-date.
3 . Personal Financial Statement - current.
4 . Copy of Contractor Estimates .
5 . Corporate and/or Personal Tax Returns may be required.
6 . Appraisal of property may be required.
The undersigned applicant hereby certifies that the loan funds
obtained shall be used for the purposes outlined in this
application.
DATE 7C) 0 2
Applicant Business
H
U 7"-rtc.ki ""j!CHI!'
111
Owner
Please deliver this completed application to the bank or savings
and loan official of your choice . They will process your credit
application and submit a loan proposal to the City of Elgin for
final approval . �^
i
Revised 11-24-03
u
Revised 2005
PROMISSORY NOTE
•
Principal Loan Date Maturity Loan No cats i col Account Officer - Initials
$350,000.00, 09-18-2006 10-01-2011 ,:. 18452 376
References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing"***"has been omitted due to text length limitations.
Borrower: Patricia Luyten Jamin,LLC(TIN: 20-5476687); Lender: THE NATIONAL BANK&TRUST COMPANY OF
Patricia Luyten Jamin(SSN: 334-92-9090);and SYCAMORE
Anthony Jamin(SSN: 334-92-7771) Main Office
6N543 Route 25,Apt.B 230 WEST STATE STREET
St.Charles,IL 60174 SYCAMORE,IL 60178
Principal Amount: $350,000.00 Interest Rate: 7.500% Date of Note:-September 18, 2006
PROMISE TO PAY. Patricia Luyten Jamin, LLC; Patricia Luyten Jamin;and Anthony Jamin("Borrower")jointly and severally promise to pay to
THE NATIONAL BANK&TRUST COMPANY OF SYCAMORE("Lender"),or order, in lawful money of the United States of America, the principal
amount of Three Hundred Fifty Thousand &00/100 Dollars($350,000.00), together with interest at the rate of 7.500%per annum on the unpaid
principal balance from September 18,2006,until paid in full.
PAYMENT. Borrower will pay this loan in 59 regular payments of $3,275.20 each and one irregular last payment estimated at $277,847.96.
Borrower's first payment is due November 1, 2006, and all subsequent payments are due on the same day of each month after that.
Borrower's final payment will be due on October 1, 2011, and will be for all principal and all accrued Interest not yet paid. Payments include
principal and interest. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest;
then to principal; then to any unpaid collection costs; and then to any late charges. The annual interest rate for this Note is computed on a
365/360 basis;that is, by applying the ratio of the annual interest rate over a year of 360 days,multiplied by the outstanding principal balance,
multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at
such other place as Lender may designate in writing.
PREPAYMENT; MINIMUM INTEREST CHARGE. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date
of the loan and will not be subject to refund upon early payment(whether voluntary or as a result of default),except as otherwise required by law. In
any event, even upon full prepayment of this Note, Borrower understands that Lender is entitled to a minimum interest charge of$25.00. Other than
Borrower's obligation to pay any minimum interest charge, Borrower may pay without penalty all or a portion of the amount owed earlier than it is due.
Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the
payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower
agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may
accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All
written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes
"payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed
or delivered to: THE NATIONAL BANK&TRUST COMPANY OF SYCAMORE,Main Office,230 WEST STATE STREET,SYCAMORE,IL 60178.
LATE CHARGE. If a payment is 16 days or more late, Borrower will be charged 5.000%of the regularly scheduled payment or$10.00,whichever is
greater.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity,the total sum due under this Note will bear interest from the
date of acceleration or maturity at the interest rate on this Note. The interest rate will not exceed the maximum rate permitted by applicable law.
DEFAULT. Each of the following shall constitute an event of default("Event of Default") under this Note:
Payment Default. Borrower fails to make any payment when due under this Note.
Other Defaults. Borrower fails to comply with or to perform any other term, obligation,covenant or condition contained in this Note or in any of
the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between
Lender and Borrower.
False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note
or the related documents is false or misleading in any material respect,either now or at the time made or furnished or becomes false or misleading
at any time thereafter.
Death or Insolvency. The dissolution of Borrower(regardless of whether election to continue is made),any member withdraws from Borrower,or
any other termination of Borrower's existence as a going business or the death of any member,the insolvency of Borrower,the appointment of a
receiver for any part of Borrower's property,any assignment for the benefit of creditors,any type of creditor workout,or the commencement of any
proceeding under any bankruptcy or insolvency laws by or against Borrower.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This
includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if
there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding
and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the
creditor or forfeiture proceeding,in an amount determined by Lender,in its sole discretion,as being an adequate reserve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies
or becomes incompetent,or revokes or disputes the validity of,or liability under,any guaranty of the indebtedness evidenced by this Note.
Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or
performance of this Note is impaired.
Insecurity. Lender in good faith believes itself insecure.
LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately
due,and then Borrower will pay that amount.
ATTORNEYS'FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender
that amount. This includes, subject to any limits under applicable law, Lender's attorneys'fees and Lender's legal expenses,whether or not there is a
lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and
appeals. If not.prohibited by applicable law,Borrower also will pay any court costs, in addition to all other sums provided by law.
JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either
•
PROMISSORY NOTE
Loan No: 18452 (Continued) Page 2
Lender or Borrower against the other.
GOVERNING LAW. This Note will be governed by federal law applicable to Lender and,to the extent not preempted by federal law,the laws of
the State of Illinois without regard to its conflicts of law provisions. This Note has been accepted by Lender in the State of Illinois.
CONFESSION OF JUDGMENT. Borrower hereby irrevocably authorizes and empowers any attorney-at-law to appear in any court of record and to
confess judgment against Borrower for the unpaid amount of this Note as evidenced by an affidavit signed by an officer of Lender setting forth the
amount then due, attorneys' fees plus costs of suit, and to release all errors, and waive all rights of appeal. If a copy of this Note, verified by an
affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. Borrower waives the right to any
stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess
judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the
power will continue undiminished and may be exercised from time to time as Lender may elect until all amounts owing on this Note have been paid in
full. Borrower hereby waives and releases any and all claims or causes of action which Borrower might have against any attorney acting under the
terms of authority which Borrower has granted herein arising out of or connected with the confession of judgement hereunder.
DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $15.00 if Borrower makes a payment on Borrower's loan and the check or
preauthorized charge with which Borrower pays is later dishonored.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether
checking,savings,or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in
the future. However,this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower
authorizes Lender,to the extent permitted by applicable law,to charge or setoff all sums owing on the indebtedness against any and all such accounts.
COLLATERAL. Borrower acknowledges this Note is secured by Mortgage on 43 DuPage Court, Elgin, IL and Security Agreement on J &L Restuarant
Corp.
SECURITY INTEREST IN DEPOSIT ACCOUNTS. Borrower grants to Lender a contractual security interest in,and hereby assigns, conveys, delivers,
pledges, and transfers to Lender all Borrower's right, title and interest in and to, Borrower's deposit accounts with Lender(whetehr checking, savings,
or some other account), including without limitation all deposit accounts held jointly with someone else and all deposit accounts Borrower may open in
the future, excluding however all IRA and Keogh accounts,and all trust accounts for which the grant of a security interest would be prohibited by law.
Borrower authorizes Lender,to the extent permitted by applicable law, to charge or setoff all sums owing on this Note against any and all such deposit
accounts.
SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives,successors
and assigns,and shall inure to the benefit of Lender and its successors and assigns.
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate
information about your account(s)to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at
the following address:The National Bank&Trust Company of Sycamore 230 West State Street Sycamore, IL 60178.
GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower
understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional
secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend,accelerate,or otherwise change one or more
times the time for payment or other terms of any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c)
exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d)
apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the
controlling security agreements, as Lender in its discretion may determine; (e) release, substitute,agree not to sue, or deal with any one or more of
Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what
application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who
signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any
change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor,
accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any
length of time)this loan or release any party or guarantor or collateral;or impair,fail to realize upon or perfect Lender's security interest in the collateral;
and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify
this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint
and several.
ILLINOIS INSURANCE NOTICE. Unless Borrower provides Lender with evidence of the insurance coverage required by Borrower's agreement
with Lender, Lender may purchase insurance at Borrower's expense to protect Lender's Interests in the collateral. This insurance may, but
need not, protect Borrower's interests. The coverage that Lender purchases may not pay any claim that Borrower makes or any claim that is
made against Borrower in connection with the collateral. Borrower may later cancel any insurance purchased by Lender, but only after
providing Leader with evidence that Borrower has obtained insurance as required by their agreement. If Lender purchases insurance for the
collateral, Borrower will be responsible for the costs of that insurance, including interest and any other charges Lender may impose in
connection with the placement of the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the
insurance may be added to Borrower's total outstanding balance or obligation. The costs of the insurance may be more than the cost of
insurance Borrower may be able to obtain on Borrower's own.
PROMISSORY NOTE
Loan 'No: 18452 (Continued) Page 3
PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. EACH BORROWER
AGREES TO THE TERMS OF THE NOTE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
BORROWER:
PATRIC LU EN JAMIN, LC
By: A I . By: ('
Pa r'cia L Yen J'm-n, anager em er of Patn'cfa A- -tiny Jamin, Manager/Member of Patricia
Lu n Jam n LL Luyten Ja- in, LLC
•
X X
Pa r- is Luyten afthin,Individual! A J ,Individually
LASER PRO Lending.Ver 5.2800.00d Copy.Harlend Financial Solutions,Inc.1997.2005. All Sights Reserved -Il H\LPVACFI\LPL\020.FC TR-11783 PR-COMMRE
9
Loan Payment Schedule -
Interest Subsidy Beginning July 1, 2008
Bond issue $200,000
Issue date(38978) 9/18/2006
Monthly payment $3,275.20
Annual interest rate 7.50%
Bond term months 60
2006 Bond Days Payment Beginning Principle Interest Ending Interest Subsidy
Issue outstanding number Principle payment payment Total payment Principle Subsidy% Amount
1-Nov-06 . 44 1 $200,000 $1,442 $1,833 $3,275 $198,558 0.00%
1-Dec-06 30 2 $198,558 $2,034 $1,241 $3,275 $196,524 0.00%
1-Jan-07 31 3 $196,524 $2,006 $1,269 $3,275 $194,518 0.00%
1-Feb-07 31 4 $194,518 $2,019 $1,256 $3,275 $192,499 0.00%
1-Mar-07 28 5 $192,499 $2,152 $1,123 $3,275 $190,347 0.00%
1-Apr-07 31 6 $190,347 $2,046 $1,229 $3,275 $188,301 0.00%
1-May-07 30 7 $188,301 $2,098 $1,177 $3,275 $186,203 0.00%
1-Jun-07 31 8 $186,203 $2,073 $1,203 $3,275 $184,130 0.00%
1-Jul-07 30 9 $184,130 $2,124 $1,151 $3,275 $182,005 0.00%
1-Aug-07 31 10 $182,005 $2,100 $1,175 $3,275 $179,906 0.00%
1-Sep-07 31 11 $179,906 $2,113 $1,162 $3,275 $177,792 0.00%
1-Oct-07 30 12 $177,792 $2,164 $1,111 $3,275 $175,628 0.00%
1-Nov-07 31 13 $175,628 $2,141 $1,134 $3,275 $173,487 0.00%
1-Dec-07 30 14 $173,487 $2,191 $1,084 $3,275 $171,297 0.00%
1-Jan-08 31 15 $171,297 $2,169 $1,106 $3,275 $169,128 0.00%
1-Feb-08 31 16 $169,128 $2,183 $1,092 $3,275 $166,945 0.00%
1-Mar-08 29 17 $166,945 $2,267 $1,009 $3,275 $164,678 0.00%
1-Apr-08 31 18 $164,678 $2,212 $1,064 $3,275 $162,467 0.00%
1-May-08 30 19 $162,467 $2,260 $1,015 $3,275 $160,207 0.00%
1-Jun-08 31 20 $160,207 $2,241 $1,035 $3,275 $157,966 0.00%
1-Jul-08 30 21 $157,966 $2,288 $987 $3,275 $155,678 .90.00%
1-Aug-08 31 22 $155,678 $2,270 $1,005 $3,275 $153,409 90.00%
1-Sep-08 31 23 $153,409 $2,284 $991 $3,275 $151,124 90.00%
1-Oct-08 30 24 $151,124 $2,331 $945 $3,275 $148,793 90.00%
1-Nov-08 31 25 $148,793 $2,314 $961 $3,275 $146,479 90.00%
1-Dec-08 30 26 $146,479 $2,360 $915 $3,275 $144,119 90.00%
Loan Payment Schedule
Interest Subsidy Beginning July 1, 2008
Bond issue $200,000
Issue date(38978) 9/18/2006
Monthly payment $3,275.20
Annual interest rate 7.50%
Bond term months 60
2006 Bond Days Payment Beginning Principle Interest Ending Interest Subsidy
Issue outstanding number Principle payment payment Total payment Principle Subsidy% Amount
1-Jan-09 31 27 $144,119 $2,344 $931 $3,275 $141,775 90.00%
1-Feb-09 31 28 $141,775 $2,360 $916 $3,275 $139,415 90.00%
1-Mar-09 28 29 $139,415 $2,462 $813 $3,275 $136,954 90.00%
1-Apr-09 31 30 $136,954 $2,391 $884 $3,275 $134,563 90.00%
1-May-09 30 31 $134,563 $2,434 $841 $3,275 $132,129, 90.00%
1-Jun-09 31 32 $132,129 $2,422 $853 $3,275 $129,707 90.00% $9,939
1-Jul-09 30 33 $129,707 $2,465 $811 $3,275 $127,242 80.00%
1-Aug-09 31 34 $127,242 $2,453 $822 $3,275 $124,789 80.00%
1-Sep-09 31 35 $124,789 $2,469 $806 $3,275 $122,320 80.00%
1-Oct-09 30 36 $122,320 $2,511 $764 $3,275 $119,809 80.00%
1-Nov-09 31 37 $119,809 $2,501 $774 $3,275 $117,307 80.00%
1-Dec-09 30 38 $117,307 $2,542 $733 $3,275 $114,765 80.00%
1-Jan-10 31 39 $114,765 $2,534 $741 $3,275 $112,231 ' 80.00%
1-Feb-10 31 40 $112,231 $2,550 $725 $3,275 $109,681 80.00%
1-Mar-10 28 41 $109,681 $2,635 $640 $3,275 $107,046 80.00%
1-Apr-10 31 42 $107,046 $2,584 $691 $3,275 $104,462 80.00%
1-May-10 30 43 $104,462 $2,622 $653 $3,275 $101,839 80.00%
1-Jun-10 31 44 $101,839 $2,617 $658 $3,275 $99,222 80.00% $7,054
1-Jul-10 30 45 $99,222 $2,655 $620 $3,275 $96,567 70.00%
1-Aug-10 ,31 46 $96,567 $2,652 $624 $3,275 $93,915 70.00%
1-Sep-10 31 47 $93,915 $2,669 $607 $3,275 $91,247 70.00%
1-Oct-10 30 48 $91,247 $2,705 $570 $3,275 $88,542 70.00%
1-Nov-10 31 49 $88,542 $2,703 $572 $3,275 $85,838 70.00%
1-Dec-10 30 50 $85,838 $2,739 $536 $3,275 $83,100 70.00%
1-Jan-11 31 51 $83,100 $2,739 $537 $3,275 $80,361 70.00%
1-Feb-11 31 52 $80,361 $2,756 $519 $3,275 $77,605 70.00%
Loan Payment Schedule •
Interest Subsidy Beginning July 1, 2008
Bond issue $200,000
Issue date(38978) 9/18/2006
Monthly payment $3,275.20
Annual interest rate 7.50%
Bond term months 60
2006 Bond Days Payment Beginning Principle Interest Ending Interest Subsidy
Issue outstanding number Principle payment payment Total payment Principle Subsidy% Amount
1-Mar-11 28 53 $77,605 $2,823 $453 $3,275 $74,782 70.00%
1-Apr-11 31 54 $74,782 $2,792 $483 $3,275 $71,990 70.00%
1-May-11 30 55 $71,990 $2,825 $450 $3,275 $69,165 70.00%
1-Jun-11 31 56 $69,165 $2,829 $447 $3,275 $66,336 70.00% $4,492
1-Jul-11 30 57 $66,336 $2,861 $415 $3,275 $63,476 60.00%
1-Aug-11 31 58 $63,476 $2,865 $410 $3,275 $60,611 60.00%
1-Sep-11 31 59 $60,611 $2,884 $391 $3,275 $57,727 60.00%
1-Oct-11 30 0 $57,727 $57,727 $361 $58,088.00 ($0) 60.00% $946
Totals $200,000 $51,324 $251,325 $22,431
Date August 7, 2008
TO: Mayor and Members of the City Council .o.,,iopezrq
FROM: Olufemi Folarin, City Manager 1
Raymond H. Moller, Director of Economic
Development
SUBJECT: Al's Café &Creamery Center City Special Business Loan Program Participation
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider a request from Al's Café & Creamery to participate in the Center City
Special Business Loan Program.
RECOMMENDATION
It is recommended that the City Council enter into an agreement with Al's Café & Creamery to
allow for the participation in the Center City Special Business Loan Program in the amount of
$22,431.
BACKGROUND
Anthony and Patricia Jamin are the owners and operators of Al's Café & Creamery which is
located at 43 DuPage Court in Elgin. On September 18, 2006, the owners obtained a loan in the
amount of$350,000 to acquire the business and related property. The loan is for a five year
period at 7.5% with a balloon payment at the end. The Jamins were not aware of the business
loan program at the time that they secured their loan.
The business loan program caps the loan assistance amount at $200,000. If participation in the
Center City Special Business Program began at the time that the loan was initiated, the Jamins
would have received $38,242 in assistance from the City over the five year life of the loan. If
participation in the program is instituted beginning in July of 2008, the owners will receive
$22,431 in City assistance in the remaining three years and four months of the loan.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
16
Al's Café&Creamery Center City Special Business Loan Program Participation
August 7, 2008
Page 2
FINANCIAL IMPACT
The cost of the proposed assistance for Al's Café & Creamery is $22,431. The original 2008
budget for the Economic Development Program was $727,460. There is $395,732 remaining
available. Funding to enter into this agreement in the amount of $22,431 is budgeted in the
Riverboat Lease Fund, account number 276-0000-791-80-27, "Economic Development
Incentives,"project number 17711N.
LEGAL IMPACT
A development agreement is required.
ALTERNATIVES
1. The City Council may choose to enter into an agreement with Anthony and Patricia
Jamin to permit their participation in the Center City Special Business Loan Program in
the amount of$22,431.
2. The City Council may choose not to enter in to an agreement with Anthony and Patricia
Jamin to permit their participation in the Center City Special Business Loan Program.
Respectfully submitted for Council consideration.
Attachment