HomeMy WebLinkAboutResolution #5321 - demolition of 261 fulton place RESOLUTION NO. 5321
A RESOLUTION APPROVING DEMOLITION OF
261 FULTON PLACE, CANTON,ILLINOIS 61520
WHEREAS,the building located at 261 Fulton Place, Canton, IL 61520 (the "Premises")
has been declared unsafe and dangerous;
WHEREAS,the City of Canton has been authorized by the Court, in Fulton County Case
No. 21-MR-0016, without further notice, to (i) enter upon the Premises and cause the demolishment
and removal of the Building on the Premises(or alternatively,repair the Building on the Premises)as
it deems necessary and to its complete satisfaction,with such action to be taken at Defendant Robert
Watts' expense; and(ii)to enter upon the Premises and remove any and all garbage,debris, and other
hazardous,noxious, or unhealthy substances or materials occupying the Premises from the Building
on the Premises and/or the Premises itself,as the City of Canton deems necessary and to its complete
satisfaction,with such action to be taken at Defendant Robert Watts' expense.
WHEREAS, the City Council determined that it is necessary and in the best interests of
the City of Canton for City to proceed with demolishing and removing the Building located on the
Premises and to remove any and all garbage, debris, and other hazardous, noxious, or unhealthy
substances or materials occupying the Premises from the Building on the Premises and/or the Premises
itself(collectively the"Project").
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CANTON, ILLINOIS, AS FOLLOWS:
1. The Recitals set forth above, and all facts and statements contained therein, are found
to be true and correct and are hereby incorporated and adopted as part of this
Resolution;
2. That the City Engineer and/or the Mayor of the City of Canton, Illinois are hereby
authorized to execute any and all agreements with Ewing Excavating, and any other
related and necessary documents,on behalf of the City of Canton in order to accomplish
the Project. However, the total amounts authorized under this section shall not exceed
$15,000.00 without additional approval of City Council.
4.That this Resolution shall be in full force and effect immediately upon its passage by the
City Council of the City of Canton, Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 3`a
day of August, 2021, upon a roll call vote as follows:
AYES: Alderperson Justin Nelson, Craig West, Angela Hale, Jeff Fritz, Angela
Lingenfelter, Greg Gossett
NAYS: None
ABSENT: Alderperson Andra Chamberlin, John Lovell
APPROVED:
SECTION 00500
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is dated as of the //f41
day of d,,n .il in the year'_021 by and between the
City of Canton thereinafter called OWNER)and Ewing Exedvating hetenafter called CONTRACTOR)
OWNER and CONTRACTOR. in can sideia wn of the mutual covenants hereinafter set forth, agree as
fnl lows
1. WORK
The proposed WORK is officially known as the"City of Canton-261 Fulton Place Demolition'
and is unifier dcau ibcd as follows
a Demolition ofexisnng structure(s), building contents,building materials,debris within
property limits,driveways and sidewalks,
b Removal ofall debris to an]EPA Certified landfill,
c Coordinate with water department to remove meter and return to the City of Canton
d Locating and capping ofexisnng sanitary sewer service(cuordinate with City of Canton
System Maintenance Dept.);
e. Locate existing water service and shutoff at water main (coordinate with City of Canton
System Maintenance Dept.),
f Furnish and install clean fill sand in basements in,voids to within Wet existing ground
surface;
g Furnish and install 8-inches ofclean topsoil and grade to ensure positive drainage;
h Furnish and maintain traffic control as necessary;
i Work shall also include the removal of all foundation walls,footings and concrete floors
a minimum of 4-feet below the surface All sidewalks and pads shall be removed
adjacent to the existing structures,on the property and to the existing street sidewalks
shall be removed. All materials removed from the property shall be taken to a local
EPA certified landfill Contractor shall provide the City copies ofall landfill tickets prior
to receiving payment.
The City shall seed and mulch all disturbed areas and provide all labor and materials to
disconnect existing water service at the water main
2. ENGINEER
The PROJECT bas been bid for the City by Maurer-Stutz, Inc
I b70 E Ash Street
Canton,Illinois 61520
309-647-7931
rn in ry i,n�— ...h 111
00500 1
3. CONTRACT TIME
Final Completion for the WORK shall be 30 days from the Notice to Proceed date
6. CONTRACT PRICE
The CONTRACTOR agrees to perform all the WORK described for the sum of$12,500.
5. PAYMENT PROCEDURES
CONTRACTOR shall submit one(1)pay request after WORK is completed along with a Certified
Payroll for the project. Payment of prevailing Wage is a requirement of this project CONTACTOR
shall submit all necessary labodpayroll information to the Illinois Department of Labor
This Agreement will be effective on 16 2021
OWNEIj lyofC nton N CONTRACTOR
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BY BY
[CORPORATESEAL[ [CORPORATESEAL]
ATTEST�= ATTEST
Address for giving notices: Address for wing notices'
2 N.Main
Canton. IL 61520 0— 14 Z/56
(If OWNER is a public body, attach License No.
evidence of authority to sign and
resolution or other documents
authorizing execution of AGREEMENT.) Agent for service of process:
(If CONTRACTOR is a corporation,attach
evidence of authority to sign)
Llr tic No wio n(1996 ILwunI
Pmryrcd ny Ne E,,—n lmm Cmmsi Drown 1,C..—v-nd-donm IN,11[M--,d Gin®I Cmmnnm,of A-1,.
00500-2
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General Liability Coverage
Limits of Insurance
General Aggregate Limit $2,000,000
Products/Completed Operations Aggregate Limit $2,000,000
Personal/Advertising Limit $1,000,000
Each Occurrence Limit $1,000,000
Damage to Premises Rented to You Limit $100,000
Medical Expense Limit(Any one person) $5,000
Deductible $1,000 BI/ PD Combined Per claim
Location schedule
L Lc _ _ State-Territory Address
I _ —n_ - - _
1 IL_514 516 North 4[h Street, Fulton,IL 61252_
Classification and premium
Loc Class Description Rating �Expoaure'1, Rate Premium,
Codc Basis
1 99986 Wredung-b ,Iruaures-Not Otherwise budding,or Per 140,000 137.50 $5,250
Classifled $1,000 of
Gross
Sales
1 94007 Excavation- - -- - - - _—�- Per
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Gross
', cluded n/aa Included$1
Additional Coverages
FCoverin _QtV. premium
rMarkel contractors bundle-Blanket Additional n(a Y n/a Included
Insured/Blanket Waiver of Subrogaton/Blanket
Primary and Noncuumbutory/Blanket Per Project
Aggregate
Terrorism
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POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS
That WESTERN SURET'COei a uq.uatmn mq-ro,bd aua eavmg under re,Iron of the Otate o15ouN Oakore ar J
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SECTION 00500
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
41,
THIS AGREEMENT is dated as of the day of in the year 2021 by and between the
City of Canton(hereinafter called OWNER)and Ewing Exc vating hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
1.WORK
The proposed WORK is officially known as the"City of Canton—261 Fulton Place Demolition"
and is further described as follows:
a. Demolition of existing structure(s),building contents,building materials,debris within
property limits,driveways and sidewalks;
b. Removal of all debris to an IEPA Certified landfill;
c. Coordinate with water department to remove meter and return to the City of Canton
d. Locating and capping of existing sanitary sewer service (coordinate with City of Canton
System Maintenance Dept.);
e. Locate existing water service and shutoff at water main (coordinate with City of Canton
System Maintenance Dept.);
f. Furnish and install clean fill sand in basements or voids to within 8" of existing ground
surface;
g. Furnish and install 8-inches of clean topsoil and grade to ensure positive drainage;
h. Furnish and maintain traffic control as necessary;
i. Work shall also include the removal of all foundation walls, footings and concrete floors
a minimum of 4-feet below the surface.All sidewalks and pads shall be removed
adjacent to the existing structures, on the property and to the existing street sidewalks
shall be removed. All materials removed from the property shall be taken to a local
IEPA certified landfill. Contractor shall provide the City copies of all landfill tickets prior
to receiving payment.
The City shall seed and mulch all disturbed areas and provide all labor and materials to
disconnect existing water service at the water main.
2. ENGINEER
The PROJECT has been bid for the City by: Maurer-Stutz, Inc.
1670 E. Ash Street
Canton, Illinois 61520
309-647-7831
EJCDC No.1910-22(1996 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America
00500-1
3. CONTRACT TIME
Final Completion for the WORK shall be 30 days from the Notice to Proceed date.
4. CONTRACT PRICE
The CONTRACTOR agrees to perform all the WORK described for the sum of$12,500.
5. PAYMENT PROCEDURES
CONTRACTOR shall submit one (1) pay request after WORK is completed along with a Certified
Payroll for the project. Payment of prevailing wage is a requirement of this project. CONTACTOR
shall submit all necessary labor/payroll information to the Illinois Department of Labor.
This Agreement will be effective on [do 2021.
OWNED City of Canton CONTRACTOR
i
BY dt BY
[CORPORATE SEAL] [CORPORATE SEAL]
ATTEST= ATTEST
Address for giving notices: Address for ivin/g notices:
2 N.Main
Canton. IL 61520 Z'6 z 2—
(If OWNER is a public body, attach License No.
evidence of authority to sign and
resolution or other documents
authorizing execution of AGREEMENT.) Agent for service of process:
(If CONTRACTOR is a corporation, attach
evidence of authority to sign)
EJCDC No.1910-22(1996 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America
00500-2
=y Brett Ewing
c,•ae,.:, Transaction #:4301141
General Liability Coverage
Limits of Insurance
General Aggregate Limit $2,000,000
Products/Completed Operations Aggregate Limit $2,000,000
Personal/Advertising Limit $1,000,000
Each Occurrence Limit $1,000,000
Damage to Premises Rented to You Limit $100,000
Medical Expense Limit(Any one person) $5,000
Deductible $1,000 BI/ PD Combined Per claim
Location schedule
Loc State-Territory Address
1 IL-514 516 North 4th Street, Fulton,IL 61252
Classification and premium
Loc Class Description Rating Exposure Rate Premium
Code Basis
1 99986 Wrecking-buildings or structures-Not Otherwise Per 140,000 37.50 $5,250
Classified $1,000 of
Gross
Sales
1 94007 Excavation Per Included n/a Included
$1,000 of
Gross
Sales
Additional Coverages
Coverage Limit Qty. Premium
Markel contractors bundle- Blanket Additional n/a n/a Included
Insured/Blanket Waiver of Subrogation/Blanket
Primary and Noncontributory/Blanket Per Project
Aggregate
Terrorism
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E L.ICENSIs AND PERMIT BOND
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KNOW ALL PERSONS BY THESE PRESENTS: Bond No. 73051=8 `
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That we, Brett Ewina `
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Of Saint Da%,id , State of Ill i noir , as Principal,
and G�VESTERN SURETY COMPANY, a corporation duly licensed to do surety business in the State
Tllincis as Surety, are held and firmly bound unto the
CiCi ti• of Cantonof Canton State of Illinois as Obligee,in the penal
SLIM of Twentv Thousand and 00/100 DOLLARS ( S20,000.00 )
lawful money of the United Stages, to be paid to the Obligee, for which pnynrent well and truly to be made,
we bind ourselves and our legal representatives, firmly by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That. whereas, the Principal has been
licensed Demol i tion
by the Obligee.
NOW THEREFORE, if the Principal shall faithfully perform the duties and in all things comply
with the laws and ordinances, including all amendments thereto, pertaining to the license nr Kermit.
applied for, then this obligation to be void, otherwise to remain in full force and effect.
Jul•, 21s� 2022 , unless renewed by Continuation Certificate.
This bond may be terminated at any time by the Surety upon sending notice in writing, by First. Class
U.S. \Mail,,,kq,t.he Obligee and to the Principal at the address last known to the Surety, and at the
expir_ i Sl*`tfr.ive (35) days from the mailing of said notice, this bond shall ipso facto terminate and
th 'Sxl�t�%_s11a1]. t•eupon be relieved from any liability for any acts or omissions of the Principal
sri eEjii �irl•.t r e. Regardless of the number of years this bond shall continue in force, the number of
t._tr1is bond, and the number of prenriurns which shall be payable or paid, the Surety's
c r�i isinade agri
to l ilimit of liabilitR pall not be cumulative from year to year or period to period, and in no event shall
for all claims exceed the amount set forth above. Any revision of the bond
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Dated this 21st day of Jul-v ='0__
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Paul T. Brufat,Vice President
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Western SuretyCompany
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of'South Dakota,and
authorized and licensed to do business in the States of Alabama,Alaska, Arizona,Arkansas, California, Colorado,Connecticut,
Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine,
Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana; Nebraska, Nevada, New Hampshire, New
Jersey, New Mexico, New York, North Carolina, North Dakota;Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South
Carolina, South Dakota,Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin,Wyoming, and the
United States of America,does hereby make,constitute and appoint
2au1 T. Brtr.flat of i.ou:•: Eat l
State of South� Dakota its regularly elected _ Vice President
as Attorney-in-Fact,with full power and authority hereby conferred upon him to sign,execute,acknowledge and deliver for and on
its,behalf as Surety and as its act and deed,the following bond:
One riemolition Citti� of ant—on
bond with bond number 723B5126
for ?Lett Ewi nq
as Principal in the penalty amount not to exceed:_;�,2'Ci,ai)CL 0-0
Western Surety Company further certifies that the following is a true and exact copy of Section 7 of the by-laws of Western Surety Company duly
adopted and now in force,to-wit:
Section 7. All bonds,policies,undertakings,Powers of Attorney,or other obligations of the corporation shall be executed in the corporate name of
the Company by the President. Secretary, any Assistant Secretary. Treasurer• or any Vice President, or by such other officers as the Board of
Directors may authorize. The President,any Vice President.Secretary,any Assistant Secretary,or the Treasurer may appoint Attomeys-i n-Fact or
agents who shall have authority to issue bonds. policies,or undertakings in the name of the Company. The corporate seal is not necessary for the
validity of any bonds, policies. undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the
corporate seal may be printed by facsimile.
In Witness Whereof, the said WESTERN SURETY COMPANY has. caused these presents to be executed by
Vice PLesiden t with the corporate seal affixed this =1st day of J>.1l`r
x'021
ATTEST WEST URET COMPANY
By e
P.Leilheiser,Assistant Secretary Paul T._8
^at,Vice President
Z4-`'•E'y'a��s '* ted.
STATE-OF SOUTH DAKOTA
ss
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COUNTY OFMINNEHAHA -P—�:�;�:-•-L�_ �:�=
On this _'1s I, day of JLi1 r 2021 before me,a Notary Public, personally appeared
__ Pa rl 'T. Lr rf]ar and P. Lei_neiser
who, being by me duly sworn,acknowledged that they signed the above Power of Attorney as V i nQres i dent
and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY;and acknowledged said instrument to be the
voluntafy act and deed of said Corporation.
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USEAL NOTARY PUBLIC s
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Notary Public
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My Commission E Aires March 2, 2026
Form F1915.5-2021 �r
ixe4019161
This document prepared by
and return t e;A-� o-F CIr,A71l '1 PATRICK O'oRIAN
COUNTY CLERK <W RECORDER
Christopher J. Jump FULTON COUNTY, IL
DAVIS&CAWBELL L.L.C. RECORDED ON
401 Main Street, Suite 1600 03;11 t 2022 09:31 AM
Peoria, IL 61602 RECORDING FEE 67.00
PH: (309) 673-1681 PAGES e 2
Email: cjjump@dcamplaw.com
STATE OF ILLINOIS )
) SS
COUNTY OF FULTON )
NOTICE OF LIEN UNDER 65 ILCS 5/11-31-1(a)
The lien claimant, CITY OF CANTON, an Illinois municipal corporation located at 2 N.
Main Street, Canton, Illinois 61520 ("Lien Claimant"), hereby files its Notice of Lien under 65
ILCS 5/11-31-1(a), against ROBERT T. WATTS (the "Owner"), as owner of the following
described premises ("Property"), and any person or entity claiming an interest in the Property,by
through, or under the Owner:
Lot Number Twelve (12) in N. S. Wright's Addition to the City of Canton, Fulton
County, Illinois.
PIN: 09-08-34-114-031
Commonly known as: 261 Fulton Place, Canton, Illinois 61520
The Building located on the Property was deemed unsafe and dangerous in accordance
with Illinois law, and as a result,the City of Canton was permitted to and did lawfully enter upon
the Property and demolish the Building located thereon and removed garbage, debris, and other
hazardous, noxious, or unhealthy substances or materials occupying the Property from the
Building on the Property and/or the Property itself (collectively the "Demolition"). See City of
Canton v. Robert T. Watts et al. (Fulton County Case No. 21-MR-0016).
The Demolition and Removal was completed on or about September 18, 2021.
Furthermore,this Notice of Lien has been recorded within One Hundred Eighty (180) days of the
completion of the Demolition.
The Lien Claimant incurred expenses,between January 28,2021 and February 28,2022 in
the amount of Fifteen Thousand Three Hundred Thirty-Three and 40/100 Dollars
($15 3, 33.40) (the"Expenses")to complete the Demolition and for the attorney's fees, court costs,
and other costs related to enforcement of 65 ILCS 5/11-31-1(a), itemized as follows:
Pagel of 2
1. Attorney's Fees and Costs: $1,918.65
2. Engineering Services: $218.75
3. Building Demolition and C1ean'Up: $12,500.00
4. Landscaping Services: $696.00
TOTAL
In accordance with 65 ILCS 5/11-31-1(a), the Lien Claimant may recover the above
Expenses against the Owner.
As of the date of this Notice of Lien,the Owner has failed to reimburse the Lien Claimant
for the Expenses. The balance due and owing to Lien Claimant is $15,333.40 for which amount
the Lien Claimant hereby claims a Lien on the Property, land and improvements without offset.
The undersigned swears and affirms that the above statements are true and correct.
Dated the 28th day of February, 2022.
CITY OF CANTON,
an Illinois municipal corporation,
Lien Cl imant
By: 4, /X\&I
Kent A. McDowe ayor
AT T ST:
Dianh Pavley-Rock, Ci •k
Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil
Procedure, the undersigned certifies that the statements set forth in this instrument are true and
correct, except as to matters therein stated to be on information and belief and as to such matters
the undersigned certifies as aforesaid that he verily believes the same to be true.
Kent A. McDowell,Mayor
State of Illinois ) SS
County of Fulton )
Signed and sworn to before me on February 28, 2022 by Kent A. McDowell as Mayor of
the City of Canton, an Illinois municipal corporation.
ti.N.
[SEAL] OFFICIAL SEAL
CAROL E KOHLER I otary Public
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES:10/02/22
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