HomeMy WebLinkAboutResolution #1045
RESOLUTION NO. 1045
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND
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ROBERT WHEELER AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE
AND DELIVER THE SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON
WHEREAS, the City of Canton, Illinois has entered into negotiations
with Robert Wheeler III for the sale of 2.92 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
Robert Wheeler III 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~~~~ meeting this 21~_ day of October
19 $4 upon a roll call vote as follows:
AYES : Aldermen Horn, May, Carl, Wor~anarz, Ham~nrnzd, Kovachevi.ch.
NAYS: Aldermen Sarff, Savill.
ABSENT: None.
APPROVED:
Donald E. Edwards, Mayor.
ATTEST:
Nan Whit City Clerk.
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AGR~lT FOR D~
AR`T'ICLES OF AGRE~IEIVT, Made as of this 1st ~'~ay of _ Septemb_e_r_ ,
A. D. 1984 betweP._n the City of Canton, an Illinois rr~~,~icipal coi-roration, herein-
after called "Seller", and Robert Wheeler III ~,:~1;~'~,is;Y,~~-,~y.~
}~~~i, hereinafter called "Buyer" witnesseth, that, if the Buyer shall first ;~ ke
the payrrp_nts and perform the covenants hereinafter mentioned on its r.~rt r_o be
made and perfoi~r,ed, 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 folla~s, to-wit;
Lots Number One (1) and Two (2) of the
Preliminary Plat of the Enterprise Industrial
District, dated July 17, 1984, excepting
therefrom the West 217.8 feet of each of
said Lot #1 and Lot #2, containing 2.92
acres, more or less, subject to all present
and future easements, covenants, and
restrictions, all of the foregoing real
property being situated in the City of
Canton, County of Fulton and State of
Illinois.
~~
~ v y '1, fr
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EXHIBIT "A"
RESOLUTION NO.
z
G.tlC'E Of ti)E C~t~• C1erE:, C1t~' F. 1311.._no ..'.(J r (':._c~%li~ 5..., v~:,l.... _ .. _.
i
t:,e sum of Fourteen thousand six hundred dollars ($14,600,00) --- ir. t,~ -,_...._.
following; the sus or ($3,650.00) Three thousand six hundred fif and 00 100
Dollars, cash on or before the date of delivers hereo{, receipt »}'=roof is
hereby ac}_nowled~ed, and the balance of S 10,950.00_(Ten thousand mine hundred fifty)
4'=_::^;._ 1nLereSL pcCcble 1ri -nur (~i F~,;pl _-.5~~'_.._;-ts of S 737 50~Tw~?_thousand
2,--
sey~ hundred thirty seven&50/100 dollar each, with the first such ps-:,:~=nt dlle
the Ist day of September, 1985 and with lik-e pa}~^°_nts to be due on the first
day of each and every wear thareafter succeeding until paid in fvIl, and to
pay all general ta~:es and special assessments or i~~nositions that Way be legally
levied or imposed upon said land, subsequent to the date hereof. And in case
of failure of the Buyer to make either of the pay~3ents, or any part thereof,
or perform any of the cove..an*_s on its part hereby r'ade and entered into, this
cont. act shall, at the option of the Seller, be forfeited and determined, and
the Buyer shall forfeit all payments made by it on this contract and such
pa;-ments shall be retained by the Seller in full satis`action and in Iiouidation
of all damages by it sustained and it shall have the right to re-enter and
take possession of the premises aforesaid_
Possession to be given upon execution and acceptance by Buyer. A title
insurance policy in owner of record at date of conveyance shall be furnished
by Seller for examination by Buyer not less than sixty (60) days before final
payment.
IT IS MU1U~hLY AGREED, By and between the parties hereto, that time of
parent shall be the essence of this contract and that all the covenants and
agreements herein contained shall extend to and be obligator} upon the heirs,
executors, administrators and assigns of the respective parties.
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~~ Botr. Seller and Bu\'er aCreE t;~L `_.:° ~U _ ~.. LiODert~' ZS .-.c:i C: ~..
in~+ustrial site or park: now being de-.>elc;~ed bl• Seller. Buyer a~r_es tc
use the above described real propertyy onl~* in conforTity with CitF a.
Canton Zoning Ordinance (now codified as Title 10, Chapters 1 t~,ry ZG,
inciusivE,. of the Cantor, "Sunicipal Cone) as the sa:~e is nok ?rc--a~I~ated
u-,d as ti7? _, .....p ~ ~~~ 11 - ~ _ Cl t =i L G ~ _ _. _?~ . ~Lr ~ - - ~5 tri ~.._ L _..~
above described real proaertc in co;~fer;-~t}' with all applica~•ie ~ ~~;es
or regulations of the State or Illinois r.nviro::~.,ental Protection Ag~_ncy,
of the Federal En~Tiro~.-..~nta1 Protection ~~~ncy, and of the Feceral
Aviation Ac:~inistration (c.-ith res:~ect to the height and place;aent of
~_ i_mprovements on the subject real property, as Well as other 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 property subject to any and all
such restrictive covenants or Iand 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 creation and retention
of jobs in the Canton Enterprise Zone. Accordingly, Seiler 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 to $292.D0 multiplied
by the number of peri,anent jobs created by Buyer one year from the date here-
of shall be deducted from the aforesaid gross sale price. For purposes of
ti-is paragraph, a "per~;,anent job" shall be any job created by Buyer and
reported to the State of Illinois by Buyer for State Income Tax purposes
on the first anniversary of this Agreement which is then 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
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LC ..~ar'.E ILS bOOt:S c7}Q recores c'Ja1i3b:C LC :. .. ,. i `1' Gt .r.cntGP., i ,5 4..: _
i
and c~D10Vees IOr DurpC6e5 Of Sucn Certl:lCc%iCL.
E~.:yer hereby irrevocably agrees that it s all not file eit'r.er a ccp~~ o.'
this ncreer,ent or any memoranda hereof with the ru2ton County Recorder. Sti1=
urt~,er, Buyer irrevocably agrees -that it s'r,all not nel~it any IiKn or
- ~
ET.~;:'.=:'c'1CE, t0 In^_~L)Ce 2nd' iv.~rt~^re, t0 bE _ .c%c'v L"'_~iJn t}lf' c'D:~~E G~?SCribEL~
rea_ . - -==t~- ;,it:,out First obtainin~ Sel"er's •»rit~~n cor.s~nt t:.-~reto.
In t:,e event of Buyer's ,default in the premises hereof, and notwithstanding
any of the foregoing provisions relating to--iiouidated "dal~zges,''Buyer-.hereby
irrevoc_biv aere~s t'r;at Seller shall, by operation of law, become the sole
-_ and exclusive o'h-ner of any and all improvements placed upon the above described
real property by or at the direction of Euyer. Further, Buyer hereby agrees
to place in escrok with Seller, within 10 cat's of the date hereof, a good
and sufficient Ouit-claim Deed, in form satisfactory to the Canton City Attorney,
for Seller's filing in the Fulton County Land Records in the event of default
by Buyer in the p remises hereof.
This Agreement shall be accepted in writing by Buyer within 14 days of
the date hereof. Acceptance, within the meaning of this paragraph, shall be
deemed to have been made by Buyer upon Seller's receipt of a fully executed
original of this A greement at Seller's address of record as more fully set
forth herein. Prior to acceptance by Buyer, Seller reserves the absolute '-
right to unilateral-ly cancel or rescind this Agreement. Such cancellation
or rescission shalh be effective as of the date~.and time Seller deposits
written notice t-3~ereof in the United States Mail at Canton, Illinois.
Both Seller and Buyer ac]~nowledge that the Legal description of the
subject real property set forth on page 1 of this Agreement is a tentative
legal description and is specifically subject to Questions of survey. Still
further, Buyer recognizes that the subject property described on page-'1
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c. _~:is h~r~~:.,nnt contains 2.92 a=.e~ , ,. ,r_ o: _~~s, anc ~ra_ ~t1", _._....
'oi acreegE is not precise. Accordingl}•, bu~•er ae-ees to accept a c_ec tc
pro:~ert~• ir. suestantially the configuration as set forth in _:_ ici. h h=r4.c
attached, which total area shall not vary bti• 10;o from 2.9g acres it area.
The oarties recognize and agree that a more accurate and precise ~egal
C'cscr,.or: =hall bE fOrtI1CG'L1T_1€ wi,2n the inGL'Strial Slie Gr ^ar}~, G. L'~'?iC:.
tilE cD~JC CESCriDeiJ real Iirv^erty ~S 2 ?~crL, 1S GfiiClall~' SUD=1'1'~_~d and
filed of record with the Fulton Counts kecorder.
Notice shall be given to any party hereto by United States ?•fail, certified
r.~ail, return receipt reauzsted, and directed to the foIloFTing aocresses:
~_ Te Seller: City Clerk
_ city Building
210 East Chestnut Street
Canton, Illinois 61520
Any notice given to the Seller shall include an info~,,.ational copy, maned
-as aforesaid,-and addressed to the attention of the City Attorney at the
above stated address.
To Buyer: Robeaf C<~h~~l~e~- :ZIL
CAYifon, ~~~inoiS- ~pl'joZO
OTHER TEK*~iS AND CONDITIONS
_ Notwithstanding the provisions. of this Agreement found at page 3 hereof,
the gross sales price set forth at page 2 of this Agreement shall not be
modified so us to fall below a modified gross. sales price of $5,340.00.
The annual pa}gents provided for at page 2 of this Agreement shall be
proratabiy reduced as of the first anniversary of this Agreement in the same
ratio as the modiried sales price set forth at page 3 of this Agreement bears
to the press sales price set forth at page 2 of this Agreement.
Seller to provide sewer and water services to the above described real
property not later than Septc,;,ber 30, 1954.
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The Preliminary Plat of the Enterprise Industrial District, dated July 17,
,1984, is hereto attached as Exhibit "A" and is herein fully incorporated by
reference.
' Buyer shall have completed at least 51~ of the improvements to be
made to the aforesaid real property within 12 consecutive months of the
date of this agreement. If at least 51~ of said improvements are not
complete within 12 consecutive months of the date of this acreement,
this Agreement for Deed shall automatically terminate and Seller may
reenter without process of law and take possession of the aforesaid
real property. In such event, Buyer shall be fully responsible for
any liens or encumberances which may have attached to said realty.
IT ~+TZT;:ESS +~dEny,OF, Seller and ~u}er have ez:ecuted duplicate originals of
_ this L~;e~~,ent For Deed 2s of the date first aDOVe-mentioned.
B iJY ER:
SELLER:
Robert Wheeler III City of Canton, an Illinois municipal
R. R. ~~3 corporation,
Canton, Illinois 61520
~ ~ ~ BY : ~ ~
o er ee er I is Mayor.
Date: Sept. 20 1984 Date: Sept. -20 1984
-- Address: ~;•~~ # 3-_ - Andress: 210 East chestnut Street
~An„~'o/!~ ~~I` ~~~~ Canton, IL. 61520
~no~S
Phone: ~3~q}~yr~_ yoaa Phone: (309) 647-0065/0020
ATTEST:
"- __
City Clerk.
(CORPORATE SEAL)
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