The URL can be used to link to this page

Home My WebLink AboutResolution #1052-A RESOLUTION NO. 1052 '/; A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND DECONTAMINATION SYSTEMS, INC., AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER THE SAID AGREEMEl~1T ON BEHALF_OF THE CITY OF CANTQN,. WHEREAS, the City of Canton, Illinois has entered into negotiations with Decontamination Systems, Inc. for the sale of 5..06 acres in the City's Enterprise Industrial District; and, WHEREAS, the City Council of the City of Canton, Illinois has reviewed the terms of the proposed agreement, a copy of which is -hereto attached and made a part hereof as "Exhibit A"; and, WHEREAS, the City Council of the City of Canton, Illinois has determined that it is desireable and in the best interest of the City of Canton to enter into said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois, as follows: 1. That the Agreement between the City of Canton and Decontamination Systems, Inc. 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 immedi- ately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular/special meeting this 16th. day of October , 19 84 _, upon a roll call vote as follows: AYES : Alden~n, Kovachevich, Hanmrmd, Savill, WorlaY~an, Carl, May. NAYS : ~TOne. ABSENT: Aldermen Sarff, gp~, APPR ED: Donald E. Edwards, Mayor. ATTEST: ~ ~:.~:-~ /C~ r ~' an y Whi s, City Clerk. . ~ AGREEMENT N0. 451 AGR~~~V'I' FY~R SALE OF REAL ESTATE ARTICLES OF AGRE~NT, made as of this 16th day of October 19 84 between The City of Canton, an Illinois rTUUiicipal corporation, hereinafter called "Seller", and Decontamination Systems, Inc., an Illinois corporation , 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 merchant- able tit]e to the Buyer by a gocx3 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 follo~~~s, to-wit: Lot Number Twenty (20) of the Preliminary Plat of the Enterprise Industrial District, dated September 10, 1984, containing 5.06 acres, more or less, subject to all present and future ease- ments, covenants, and restrictions, all of the foregoing real property being situated in the City of Canton, County of Fulton and State of Illinois. EXHIBIT "A.. RESOLUTION NO. /03"Z.q i And the Sayer 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 Twenty-Five Thousand Three Hundred Dollars -------- ($ 25,300.00 ) in the iranner follaaing: The sum of Twenty-Five Thousand Three Hundred Dollars ($ 25,300.00 ), cash, at closing. Possession to be given upon closing. A title insurance policy in caner of record at date of conveyance shall be furnished by Seller for examination by Buyer not less than seven (7) days before closing. Both Seller and Buyer agree that the subject property is part of an industrial site or park now being developed by Seller. Buyer agrees to use the above described real property only in conformity with City of Canton Zoning Ordinance (now codified as Title 10, Chapter 1 through 20, inclusive, of the Canton Municipal Code) as the salrn is now prorrnilgated and as the same gray here- after be a,-rendc-'d. Buyer agrees to use t]-~e above described real prooerty in conformity with all applicable rules or regulations of the S'~ate of Illinois Environmental Protection Agency, of the Federal ~viron,-~ental Protection Agency, and of the Federal Aviation Adminisl..ation (with resoect to the height and place- ment of irrorove-n?nts on the subject real pro~:~erty, as well as ocher associated matters) . Buyer recognizes that Seller is now in the process of developing restrictive covenants and other land use controls to be hereafter applied to the aforesaid industrial site or park, of which the above described real property is a part. Buyer hereby irrevocably agrees that it shall take title to the above described real proper-may subject to any and~all such restrictive covenants or land use con- trols to be hereafter developed by the City of Canton. Still, further, both Seller and Buyer agree that part of the mutual induce- ments forming a part of this Agree;r~nt is the creation and retention of jobs in the Canton Enterprise Zone. Accordingly, Seller and Buyer both hereby agree that the gross sales price set forth on Page 2 of this Agreement shall be modified as follows: A sum equal Lo $ 506.00 multiplied by the number of permanent jobs created by Buyer one year fran the date hereof shall be deducted from the aforesaid gross sale 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 ;3uyer for State Income Tax purposes on the first anniversary of this Agreement which is then filled. -2- The nuTrber of such permanent jobs shall be certified to the Canton City Council by the City of Canton's Coirrnuiity Development Director and Buyer hereby irrevocably agrees to abide by the nwnbex of permaTient jobs so certified. Buyer agrees to crake its books and records available to the City of Canton, its officers and eTmployees for purposes of such certification. Such modification shall be made by Seller within sixty (60) days after the first anniversary of this Agreer~nt. Seller shall, - within such period, reimburse to Buyer that portion, if any, of the gross sales -~ price, commuted as aforesaid, without interest, within said sixty (60) day period. Both Seller and Buyer acxnowledae that the legal description of the subject real propel-ty set forth on Page 1 of this Agreerr~nt is a tentative legal descrip- tion and i~s specifically subject to questions of survey. Still further, Buyer recognizes that the subject property described on Page 1 of this Agrea~n_nt contains 5.06 acres, more or less, and that such measure of acreage is not precise. Accord- ingly, Buyer agrees to accept a deed to pro~ei-ty in subs~~antially the configuration as set forth in Exhibit A hereto attached, which total area shall not be less t1-~,an 5.06 acres in area. The parties recognize and agree t}~,at a more accurate and pre- cise legal description shall be forthcoming when the industrial site or park, of which the above described real property is a part, is officially suodivided and filed of record with the Fulton County Recorder. Notice shall be given to any party hereto by United States Mail, certified mail, return receipt requested, and directed to the following addresses: 7b Seller: City Clerk City Building 210 East Chestnut Street Canton, Illinois 61520 Any notice given to the Seller shall include an informational copy, Trailed as aforesaid, and adaressed Lo the attention of the City Attorney at the above staged address. To Buyer •_ Decontamination Systems, Inc. 121 East First Street Dixon, Illinois 61021 O'I'f-IER TERMS AND CONDITIO?~'S Notwithstanding the provisions of this Agrensrient found at Page 2 hereof, the gross sales price set forth at Page 2 of this Agreement shall not be modified so as to fall below a mxlified gross sales price of $ 10,120.00 --------. -3- . , ,~. The Preliminary Plat of the Enterprise Industrial District, dated September 10, 1984, is hereto attached as Exhibit "A" and is herein fully incorporated by reference. Buyer shall not assign any interest in this Agreement without first obtaining Seller's written consent thereto. Buyer shall not file this Agreement, any memoranda of this Agreement, or Seller's Quit-claim Deed with the Fulton County (Illinois) Recorder until after Seller has filed its official subdivision plat with said recorder. Seller hereby represents to Buyer that the recordation of Seller's official subdivision plat shall _, be within thirty (30) days of the date of this Agreement. In the event Buyer raises an objection to title which causes title to be less than merchantable, Seller may, in its sole option, (a) at Seller's expense cure such defect, off, (b) declare this agreement null and void and return to Buyer all money paid by Buyer without interest:. In the latter event, Buyer irrevocably agrees to not bring any claim against Seller occasioned or based upon such cancellation. .IN WITNESS 4df-IERmF, Seller and Buyer have executed duplicate originals of this Agreement for Sale of Real Estate as of the date first above-mentioned. BUYER: SELLER: Decontanunation Systems, Inc., an City of Canton, an Illinois municipal I11' co ray on, corpora 'on, BY: BY: .~ ~~ ~~ Its ~~'ilt Vice-President. Its Mayor DATE: October 16, 1984 DAB. October 16, 1984 ADDRESS: 121 East First Street ADDRESS: 210 East Chestnut Street Dix n, Illinois 61021 Canton, Illinois 61520 PHONE: ( ) 4- 8 PHONE: (309) 647-0065/0020 ATTEST: A'I'I'EST: ~,~~~ o2pora S r tart' Cit Clerk (CORPORA SEAL) (CORPORATE SEAL) -4 and last-