HomeMy WebLinkAboutResolution #2055RE90~,ZTPICXi 1I0. 2 0 5 5
A RS80LiTtI~1 ~l~PPBaVII.~ AN A~3t8F~1? a8'l~ THB CITY OF C~ A~
l~VILLS A1~ID I~IGH7INN BRINS~ ~ DIR~TING T86 MAY~0[t AID CITY
CL.FdiE TO E7~1'S A~ oBLIYB~t SAID A~GREEI~I'P ON HSEIALF' OF TBB CITY
~' CAN7~, ILLINOIS.
MABitE~IS, the City of Canton, Illinois has entered into
negotiations with Orville and Leighann Brinson for the sale of
1.35 acres in the City's enterprise Industrial District; and,
Mi~ttBAS, the City Council of the City of Canton, Illinois has
reviewed th® ternae of the proposed agreement, a copy of which is
hereto attached and made a part hereof as "Exhibit A"; and,
WABRBaS, the City Council of the City of Canton, Illinois has
determined that it is desirable and in the best interest of the
City of Canton to enter into said agreement.
NOiii, TICS, B8 I'1' RS90I.VBD BY T8E CITY OOONCII. OF TBE
CITY 0~ ClhN~i, Fulton County, Illinois, as follows:
1. That the Agreement between the City of Canton and Orville
Brinson, which is attached hereto and made a part hereof as
Exhibit A, is hereby approved, said Agreement to be subject to and
effective pursuant to the terms and conditions set forth therein.
2. That the Mayor and City Clerk are hereby authorized and
directed to execute and deliver said Agreement on behalf of the
City of Canton.
3. That this Resolution shall be in full force and effect
immediately upon its passage by the City Council of the City of
Canton, Fulton County, Illinois and approval by the Mayor thereof.
P~SSBD by the City Council of the City of Canton, Fulton
County, Illinois at a regular meeting this 2nd day of May •
1989, upon a roll call vote as follows:
AYSS: Chapman, May, Bohler, Meade, Sarff, Steck, Zilly,
Kovachevich.
~YS: None .
1~lBSffirTP; None .
APPSt~ED:
~~
Donald E. Edwards, Mayor
ATl'BS'T:
Nan Whit s, City Clerk
Publication Instruction
Do not publish
publish in pamphlet form only
O Publish in a general circulation,newspaper
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r' City AtL _ ._.,,~~_ date
fir-i:~+:; ";r~~-'~~. •.~ ~+' -=y_~+~~:
71ATICLLS OF" M 'f, made as of this day of ,
1989 between the City of Canton, an Illinois municipal
corporation, hereinaf ter called "Seller", and Orville and Leighann
Brinson, hereinafter called "Buyer" witnesseth, that, if the Buyer
shall first make the payments and perform the covenants
hereinafter mentioned on its part to be made and performed, the
Seller hereby covenants and agrees to convey merchantable title to
the Buyer by a good and sufficient Quit Claim Deed, the lot,
pieces, or parcel of ground, situated in the City of Canton,
County of Fulton and State of Illinois, described as follows,
to-wit:
Part of Lot Number One (1) of the Subdivision of
Enterprise Industrial District dated October 18, 1984
being the west 217.8 feet of Lot Number One (1),
containing 1.350 acres, more less, subject to all
present and future easements, covenants, and
restriction, all of the foregoing real property being
situated in the City of Canton, County of Fulton, and
State of Illinois.
And the Buyer hereby covenants and agrees to pay to the
Seller at the office of the City Clerk, City Building, 210 East
Chestnut Street, Canton, Illinois 61520 the sum of Six Thousand
Seven Hundred Fif ty Dollars ($6,750.00) in the manner following:
The sum of $675.00 upon execution and delivery hereof, and then
payments of $675.00 each on November 3rd and May 3rd of each year
until said amount of $6,750.00 is fully paid.
Possession to be given upon execution and delivery hereof, to
include tender of the sum of $675.00. A title insurance policy in
EXHIBIT A,
RESOLUTION N0. 2055
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owner of record at date of conveyance shall be furnished by Seller
for examination by Buyer not less than thirty (30) days before the
last scheduled payment.
Both Seller and Buyer agree that the subject property is part
of the Enterprise Industrial District being developed by Seller.
Buyer agrees to use the above described real property only in
conformity with the City of Canton Zoning Ordinance (now codified
as Title 10, Chapters 1 through 20, inclusive, of the Canton
Municipal Code) as the same is now promulgated and as the same may
hereafter be amended. Buyer agrees to use the above described
real property in conformity with all applicable rules or
regulations of the State of Illinois Environmental Protection
Agency, of the Federal Environmental Protection Agency, and of the
Federal Aviation Administration (with respect to the height and
placement of improvements on the subject real property, as well as
other associated matters).
Buyer recognizes that Seller is nor in the process of
developing restrictive covenants and other land use controls to be
hereafter applied to the Enterprise Industrial District, of which
the above described real property is a part. Buyer hereby
irrevocably agrees that it shall take title to the above described
real property subject to any and all such restrictive covenants or
land use controls to be hereafter developed by the City of Canton.
Still further, both Seller and Buyer agree that part of the
mutual inducements forming a part of this Agreement is the
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creation and retention of jobs in the Enterprise Industrial
District. Accordingly, Seller and Buyer both hereby agree that
the sales price set forth above shall be modified as follows: A
sum equal to ;135.00 multiplied by the number of permanent jobs
created by Buyer one year frcxn the date thereof shall be deducted
from the above sales price. For purposes of this paragraph, a
"permanent job" shall be any job created by the Buyer and reported
to the State of Illinois by Buyer for State Income Tax or
employment tax purposes on the first anniversary of this Agreement
which is then permanently filled. The number of such permanent
jobs shall be certified to the Canton City Council by the City of
Canton's Community Development Director and Buyer hereby
irrevocably agrees to abide by the number of permanent jobs so
certified. Buyer agrees to make its books and records available
to the City of Canton, its officers and employees for purposes of
such certification. Such modification shall be made by Seller
within sixty (60) days after the first anniversary of this
Agreement. Seller shall, within such period, reimburse to Buyer
that portion, if any, of the gross sales price, competed as
aforesaid, without interest, within said sixty (60) day period.
Notice shall be given to any party hereto by United States
Mail, certified mail, return receipt requested, and directed to
the following addresses:
TO SELLER: City Clerk
City Building
210 East Chestnut Street
Canton, Illinois 61520
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Any notice given to the Seller shall include an informational
copy, mailed as aforesaid, and addressed to the attention of the
City Attorney at the above address.
TO BUYER: Orville and Leighann Brinson
315 Pecan Street
Canton, Illinois 61520
OTHER TERMS AND CONDITIONS:
Notwithstanding the provisions of this Agreement found at
Page 3 hereof, the gross sales price set forth at Page 1 of this
Agreement shall not be modified so as to fall below a modified
gross sales price of $2,700.00.
Both Seller and Buyer covenant and agree that the covenants,
terms and conditions of this Agreement shall survive the closing
herein contemplated and shall continue to be binding upon each of
said parties.
Both Seller and Buyer irrevocably covenant and agree that
part of the mutual consideration supporting this Agreement is the
Buyer's Agreement to either retain existing jobs in the Enterprise
Industrial District or Buyer's Agreement to create new jobs in the
Enterprise Industrial District. In the event that the Buyer has
not created or retained those permanent jobs represented by Buyer
to Seller to be crated then Seller may, in its sole and exclusive
option, declare this Agreement a nulity and enter upon and retake
possession of the aforesaid premises without notice to Buyer and
without process of law.
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Buyer shall fray the date hereof and during the pendency of
this Agreement pay all general real estate taxes on the above
described premises and pay all special assessments thereon, if
any, saving Seller whole and harmless therefrom. Buyer shall not
allow any liens or encumbrances of any nature or description to
attach to the above described real property unless Seller first
gives its written consent thereto. Except for notification to the
Fulton County Assessor's Office of tha existence of this
Agreement, Buyer shall not file either this Agreement or any
memorandum tl~reof with the Fulton County Recorder of Deeds.
Buyer shall, contemporaneously herewith, execute and deliver to
Seller its quit claim deed in form and content satisfactory to
Seller's attorney which quit claim deed shall be held in escrow by
Seller during the life of this Agreement; and, in the event Buyer
defaults in any provision hereof, or, in the event Seller declares
a default in the premises of this Agreement, the Buyer shall
forfeit all payments made by it on this contract and such payments
shall be retained by the Seller in full satisfaction and in
liquidation, of all damages by it sustained and, Buyer hereby
irrevocably authorizes Seller to file said quit claiun deed of
record and to reenter and take possession of said premises.
IN WITNESS WHEREOF, Seller and Buyer have executed duplicate
originals of this Agreement for Sale of Real Estate as of the date
first above mentioned.
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BUYffit:
Orville and Leighann Brinson
BY:
Orville Brinson
BY:
Leighann Brinson
DATE:
ADDRESS: 315 Pecan Street
Canton, IL 61520
PHONE: 647-4326
~~ ~i i~ ~:~;~
City of Canton, an Illinois
municipal corporation,
BY:
Its Mayor
DATE:
AD012ESS: 210 E. Chestnut St.
Canton, IL. 61520
PHONE: 647-0065/0020
ATTEST:
City Clerk
(Corporate Seal)
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