HomeMy WebLinkAbout#4052 Third Amendment to Canton 1 Dwntwn/5th Ave TIF CERTIFICATE
THE UNDERSIGNED CERTIFIES THAT SHE IS THE CITY CLERK FOR THE CITY OF
CANTON,ILLINOIS,AND THAT THE CITY COUNCIL AT A REGULARLY CONSTITUTED
MEETING OF SAID CITY COUNCIL OF THE CITY OF CANTON ON THE 6TH DAY OF
DECEMBER, 2016 ADOPTED ORDINANCE NO. 4052, A TRUE AND CORRECT COPY OF
WHICH IS CONTAINED IN THIS PAMPHLET.
//,^ b
GIVEN UNDER MY HAND AND SEAL THIS U/ DAY OF DECEMBER,2016.
(SEAL)
PAVL CROCK
CITY CLERK
CERTIFICATE
THE UNDERSIGNED CERTIFIES THAT SHE IS THE CITY CLERIC FOR THE CITY OF
CANTON,ILLINOIS,AND THAT THE CITY COUNCIL ATA REGULARLY CONSTITUTED
MEETING OF SAID CITY COUNCIL OF THE CITY OF CANTON ON THE 6TM DAY OF
DECEMBER,2016 ADOPTED ORDINANCE NO.4052,A TRUE AND CORRECT COPY OF
WHICH IS CONTAINED IN THIS PAMPHLET.//�
GIVEN UNDER MY HAND AND SEAL THIS bib DAY OF DECEMBER,2016.
(SEAL)
I
P
IPAVLTY-ROl'li
CITY CLERK
CITY OF CANTON, ILLINOIS
ORDINANCE NO.4052
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A
PROFESSIONAL SERVICES AGREEMENT
for the
THIRD AMENDMENT TO THE
CANTON 1-DOWNTOWN/5TH AVENUE TIP DISTRICT
by and between
JACOB&KLEIN,LTD.AND
THE ECONOMIC DEVELOPMENT GROUP,LTD.
and
THE CITY OF CANTON,FULTON COUNTY,ILLINOIS
PASSED BY THE CITY COUNCIL
OF THE CITY OF CANTON,FULTON COUNTY,ILLINOIS,
ON THE 6^'DAY OF DECEMBER,2016.
PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE CITY
COUNCIL OF THE CITY OF CANTON,FULTON COUNTY,ILLINOIS,
THIS 6TFr DAY OF DECEMBER,2016
EFFECTIVE: DECEMBER 6,2016
ORDINANCE NO.4052
CITY OF CANTON,ILLINOIS
AN ORDINANCE APPROVING AND AUTHORIZING
THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT
for the
THIRD AMENDMENT TO THE
CANTON 1-DOWNTOWN/5TH AVENUE TIP DISTRICT
by and between
JACOB&KLEIN,LTD.AND THE ECONOMIC DEVELOPMENT GROUP,LTD.
and
THE CITY OP CANTON,FULTON COUNTY,ILLINOIS
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OP
CANTON THAT:
1. The City of Canton,Fulton County,Illinois (the"City''),wishes to amend an existing Tax
Increment Financing District located in Canton,Illinois pursuant to the Tax Increment
Allocation Redevelopment Act,65 ILCS 5/11-74.4-1 et.seq.(the"Act").
2. The City wishes to engage the professional services of Jacob&Klein,Ltd.to render
administrative services and legal advice and The Economic Development Group,Ltd.to
render technical advice to assist the City in the THIRD AMENDMENT TO THE
CANTON 1-DOWNTOWN/5TH AVENUE TIP DISTRICT pursuant to the Act.
3. The Mayor is hereby authorized and directed to enter into and execute on behalf of the City
said Professional Services Agreement and the City Clerk of the City of Canton is hereby
authorized and directed to attest such execution.
4. The Professional Services Agreement shall be effective on the date of its approval by the
City.
5. This Ordinance shall be in full force and effect from and after its passage and approval as
required by law.
Pqe 294
PASSED,APPROVED AND ADOPTED by the Mayor and City Council of the City of Canton
this 6th day of December,2016 and filed in the office of the City Clerk of said City on that date,
MAYOR&ALDERMEN AYES NAYS ABSTAIN/ASSENT
I
Ryan Mayhew X
Tad Putrich X ABSTAIN
Craig West X
Gerald Ellis X
Justin Nelson X
John Lovell X
Angela Hale X
Jeff Fritz,Mayor X
TOTALS: 6 0 1
APPROVED:
Mayor
ATTUST: 1 ) )
/
— r 1l((� ",1-,,.L..' K
City clerk
FAXHIBIT A ATTAM HED. Professional Services Agreement
Page i sf l
EXHIBIT A
PROFESSIONAL SERVICES AGREEMENT
for the
THIRD AMENDMENT TO THE
CANTON 1 •DOWNTOWN/5TH AVENUE TIF DISTRICT
by and between
JACOB&KLEIN,LTD.AND
THE ECONOMIC DEVELOPMENT GROUP,LTD.
and
THE CITY OF CANTON,FULTON COUNTY,ILLINOIS
Pee4 y?
PROFESSIONAL SERVICES AGREEMENT
for the
THIRD AMENDMENT TO THE
CANTON 1 - DOWNTOWN/5TH AVENUE TIF DISTRICT
by and between
JACOB &KLEIN, LTD.AND
THE ECONOMIC DEVELOPMENT GROUP,LTD.
and
THE CITY OF CANTON, ILLINOIS
DECEMBER 6, 2016
PROFESSIONAL SERVICES AGREEMENT
for the
THIRD AMENDMENT TO
CANTON 1-DOWNTOWN/STH AVENUE TIP DISTRICT
by and between
JACOB& KLEIN,LTD.AND
THE ECONOMIC DEVELOPMENT GROUP,LTD.
and
THE CITY OF CANTON,ILLINOIS
THIS AGREEMENT is entered into this 681 day of December,2016,by and between the CITY
OF CANTON, ILLINOIS("City");and JACOB&KLEIN,LTD.,Bloomington,Illinois('J&K");
and THE ECONOMIC DEVELOPMENT GROUP,LTD.,Bloomington,Illinois("EDG").
WHEREAS,the City wishes to amend Canton 1 -Downtown/5th Avenue TIF District ('TIF
District 1') Redevelopment Plan, Projects and Area pursuant to the Tax Increment Allocation
Redevelopment Act(the"Act ),65 ILLS 5/11-74.4-1 ernq., for the purpose of including additional
parcels of land,updating proposed public and private projects, and modifying the perimeter boundary
of the redevelopment project area;and
WHEREAS,the City desires to engage the professional services ofJ&K to render legal advice and
EDG to render technical advice to assist the City in the THIRD AMENDMENT TO CANTON
1-DOWNTOWN/STH AVENUE TIP DISTRICT('Third Amendment to TIE District 1');
NOW,THEREFORE,the Parties agree as follows:
9. City to Engage J&R and EDG. The City agrees hereby to engage the services of J&K and
EDG for the purposes set forth herein and J&K agrees to provide all legal advice to EDG and
the City to prepare or coordinate the preparation of Reports, the Amended TIF District
Redevelopment Plan,Notices and Documentation (Including those reports prepared by other
professionals)necessary to complete the Amendment of the TIE District Redevelopment Plan,
Area and Project as required pursuant to State Statutes and as outlined below in Section 2,S .of
Pn./;&lona!Services.
1.1. The Parties agree that J&K, as Attorneys,will undertake those responsibilities that require
legal advice or preparation under this Agreement on behalf of the City or BDG. EDG is a
separate corporate entity established by Thomas N.Jacob and is owned in whole or in part
by him and Herbert Klein. They are also the principal owners ofJacob&Klein,Ltd.(i&K).
The City is entering into this Agreement voluntarily and with informed consent after the
opportunity to consult with independent counsel as to the ownership of both entities by
Thomas N.Jacob and Herbert Klein.
Canton 1-Dcn town/515Awnue Tax Innew,xe Financing Dirhiet Page 1 V5
nig{oinnal.S'ervices ier..na cit
1.1-1. J&K may,in addition, be retained by the City as its special attorney to perform other
professional services outside the Scope of Services set forth herein, including
representation of the City before State agencies or the Illinois Legislature. Such
representation shall be at the Attorney's then current hourly rate for similar services or as
otherwise agreed. Any such representation shall be pursuant to a written agreement
between the Parties.
A. This Agreement does not include representation in any Court case resulting from
the amendment to the TIF District Redevelopment Plan,Area or Project or the
Annual Administration of the TIP District
1.2. The total Fees and Reimbursable Costs to be paid hereunder by the City to J&K and EDG,
when billed by each of the separate entities,will not be duplicated and will not exceed the total
Fees and Reimbursable Costs provided for herein.
1.3. The Parties agree that pursuant to Section S/11-74.4-3(q)(1)of the Act,all Professional Fees
and related Costs incurred by the City for Amending the TIF District are TIF eligible project
costs and are fully reimbursable to the City from the real estate tax increment generated by the
TIF District.
1.4. The City hereby acknowledges that J&K and EDG arc not responsible for monitoring and
documenting matters relating to compliance with the Illinois Prevailing Wage Act,the Illinois
Procurement Code, and any other wage and/or employment laws, to the extent such are
applicable to any public or private project undertaken within the TIP District Redevelopment
Project Area or the Area as may be amended in the future.
§2. Scope of Professional Services.
2.1. Amendment of TIF District 1.
2.1-1. Services. J&K and EDG will provide services as outlined in Exhibit 1 to Amend TIE
District 1 (`Third Amendment").
2.1-2. Term. This Professional Services Agreement for the Third Amendment of TIF District
1 shall commence immediately and shall continue until the presentation of the TIF
District 1 Amended Redevelopment Plan and appropriate ordinances to the City Board
for the Amendment of the District. It is anticipated that TIF District 1 will be amended
on or before March 31,2017,barring unexpected complications.
Canton 1-Marlton/5th Avenue Tax lnormod Financing Dinnrt Page 2 el6
Prvertfimal Services.Agreement
2.1-3. Payment of Fees and Reimbursable Costs. The total Professional Fees to be paid
to J&K and EDG for the Third Amendment of TIP District 1 are Seven Thousand
Five Hundred and 00/100 Dollars($7,500.00)plus all Reimbursable Costs incurred
in the amendment of the TIF District,and are to be paid by the City as follows:
A. J&K and EDG shall be paid a total sum of Two Thousand Five Hundred and
00/100 Dollars ($2,500.00)upon execution of this Agreement and
B. J&K and EDG shall be paid an additional total sum of Two Thousand Five
Hundred and 00/100 Dollars($2,500.00)and Costs incurred up to the date of
delivery of the Amendment to the TIF Redevelopment Plan to the City;and
C. The balance of the Fee,Two Thousand Five Hundred and 00/100 Dollars
($2,500.00), and remaining Costs for the Third Amendment of TIF District 1
shall be paid when the Amendment and final Ordinances arc presented to the City
Council for passage;and
D. All Reimbursable Costs incurred by J&K and EDG as part of the Third
Amendment of TIF District 1 shall be reimbursed to J&K and EDG by the City,
including a0 reasonable travel and subsistence expenses while away from
Bloomington orPeru,Il]inois,all photocopying,report binding,mailings,postage,
and staff costs. For purpos,.s of this Agreement,staff costs do not include the
time of Attorneys Thomas N.Jacob, Herb Klein, or Nic Nelson (l&K) or of
Steven Kline (EDG) while performing said Professional Services described in
Exhibit lsubject to the following conditions:
(i) All travel will be reimbursed for mileage at the maximum rate permitted by
Internal Revenue Service Rules and Regulations at the time of service. All
other costs which are incidental to the Third Amendment of TIP District 1,
including staff costs,photocopying and report binding,mailings,postage,and
telecommunication charges, shall be reimbursed at the current rates then
charged by J&K and EDG.
E. The City understands and acknowledges that J&K and EDG will rely on the work of
other professionals,including the City's Engineers and Attorney,to prepare reports
and documentation needed for the Amendment to the TIP District Redevelopment
Plan,Projects and Reports and other necessary documents;and that J&K and EDG
shall rely on their professional expertise to prepare the Amendment to the TIF
District 1 Redevelopment Plan and present material and information necessary to the
Canton I-Doamtown/Std Avenue Tax Inenveet Fist nag Di: et Pagr 3 of 6
Profit,%nnal ServicesAgresmenf
Third Amendment of the TIP District I. The City further understands that it may
directly incur additional fees and costs for the Third Amendment of TIP District 1
which result from the involvement of other(.e.,non-J&K/EDG)professionals.
53. Existing Professional Services Agreement. The City and Jacob & Klein, Ltd. and The
Economic Development Group,Ltd.are parties to an Existing Professional Services Agreement
known as FirrtAmadraentand Renaud eaProhn..,nalSprit e Agreemenfapproved by Ordinance No.
3066 on June 17,2014 by and between the City and J&K and EDG. Said Existing Professional
Services Agreement relates to the annual administration of Canton 1 -Downtown/5th Avenue
TIF District. Notwithstanding anything herein to the contrary, this Professional Services
Agreement shall not modify or otherwise affect the rights and obligations of the patties under the
Existing Professional Services Agreement,and the Existing Professional Services Agreement shall
remain in full force and effect
$4. Amendments to this Agreement The Parties hereto may amend this Agreement at any time
by their mutual consent which amendment must be in writing and executed by the Parties.
$3. Entire Agreement. The Terms and conditions set forth in this Agreement supercede all prior
oral and written understanding and constitute the entire Agreement between the Parties with
respect to the subject matter hereof.
56. Binding Upon Successors in Interest. This Agreement shall be binding upon all the Parties
hereto and their respective heirs, successors, administrators, assigns, or other successors in
interest.
$7. Notices. Notices or demands hereunder shall be in writing and shall be served (a)by personal
delivery,or(b) certified mail,return receipt requested to:
The City of Canton Jacob&Klein,Ltd.and
%Canton City Clerk The Economic Development Group,Ltd.
Canton City Hall 1701 Clearwater Avenue
2 N.Main St. Bloomington,Illinois 61704
Canton,IL 61520 Ph: (309)664-7777
or to the last known address of either party or to the address provided by any assignee if such address
has been given in writing.In the event said notice is mailed,the date of service of such notice shall be
deemed to be three(3)business days after the date of delivery of said notice to the United States Post
Office.
Canton 1-Deb/wow/5th A.xnae Tax&ti mext P iandg District Page 4 of
Pm!c.ins!Seroim$Agreement
$8. Soverabgity. If any provision of this Agreement is held to be invalid,the remainder of this
Agreement shall not be affected thereby.
59. Choice ofIsw/Venue.This Agreement shahbc governed by and construed in accordance with
the laws of the State of lllinois with venue lying in the Circuit Court of McLean County,Illinois,
IN WITNESS WHEREOF,the City,J&K,and EDG have executed this Professional Services
Agreement on the day and year above written.
THE CITY OF CANTON,an Illinois JACOB&KLEIN,LTD.,an Illinois
Municipal Corporation: Professional Service Corp.:
1701 Clearwater Avenue
Bloomington,IL 61704
By: 4.0,/,,,C --_ _ Phone:(309)664-7777
Fax: OC 64-7878
,(/ / Ci By.
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City Cleat
THE ECONOMIC DEVELOPMENT
GROUP,LTD.,an Illinois Corporation:
1701 Clearwater Avenue
Bloomington,IL 61704
Phone: (309)664-7777
Fax: (309)6.'-7878
By _ W S kms_
President
Conan i-Daanrosn/fth Anew Tax lnnnnen•Finnan District Psgc 5 of 6
Pr/ 0 nalServices Agmrmnt
EXHIBIT 1
THIRD AMENDMENT TO CANTON TIE DISTRICT 1
Services to be provided to the City b,J&K and EDG relating to the Third Amendment of Canton
TIF District 1 are set forth as follows:
1. Create an estimated TIE District I Amendment Time Line.
2. Work with local elected officials,City staff and engineers to define the Amended Redevelopment
Project Arca (ITP District Boundary) for Canton TIE District 1, as well as identify required
adjustments to any contiguous redevelopmentprojectareas resulting from this Third Amendment
to Canton TIP District 1.
3. Evaluate the statutory and financial feasibility of amending the TIP District.
4. Create the Amended TIP District Redevelopment Plan. EDG will collect a variety of information
from the City and,with J&K,draft the Amended TIP Redevelopment Plan. Ina'officials will
provide historical information,access to legal descriptions,street maps/Sidwell/GIS maps and
other City records as necessary to amend TIP District 1.
6. Organize and conduct a Public Meeting,if applicable,Public Hearing and the first meeting of the
Joint Review Board.
7. Analyze the impact of the Amendment of TIE District 1 on Taxing Districts,if requested.
8. Prepare and send all Notices to taxing bodies,taxpayers,residences within 750 feet of TIP District
1,and to those individuals or organizations listed on the Interested Parties Registry.
9. Prepare and arrange for the City Clerk all publications required of the City.
10. Draft and present to the City all required Ordinances to amend TIP District 1,as well as required
ordinances and amendments,as may be required, to remove certain parcels of land previously
included in other,contiguous redevelopment project areas.
Canton 1 -Downtown/5tb At:nur Tax[moment Financing Dirn;tt Pagr 6o f6