HomeMy WebLinkAboutResolution # 3779. ,.
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RESOLUTION NO. 3779
A RESOLUTION APPROVING AN ADDENDUM TO THE REDEVELOPMENT
AGREEMENT WITH RAY JACKSON AND AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK OF THE CITY OF CANTON TO EXECUTE SAID
ADDENDUM ON BEHALF OF THE CITY OF CANTON
WHEREAS, on or about July 21, 1999, Jackson and Donald Inmon entered into an
Agreement for Warranty Deed, pursuant to which Jackson agreed to sell to Inmon and Inmon
agreed to buy from Jackson the following described real estate:
Lots 10 and 11 in the Subdivision of Enterprise Industrial District according to the
plat thereof recorded on October 26, 1984, in Slide 215 as Document 84-8960,
situated in Fulton County, Illinois;
upon certain terms and conditions, more particularly described in that Agreement for Warranty
Deed, which included, without limitation, monthly payments of principal and interest by Inmon to
Jackson for a period of 15 years.
WHEREAS, on or about July 21, 1999, Inmon took possession of the above-described
property ("Property") and has since that time placed and stored or caused to be placed and stored in
excess of 75 mobile home trailers and/or house trailers, several vehicles and other such items as
well as garbage, debris and other hazardous, noxious and unhealthy substances and materials.
WHEREAS, Inmon has purportedly operated a mobile home restoration, storage, scrap
and/or sales business, doing business as Donald F. Inmon, First Choice Home Sales, Canton Rentals
and Five Sisters of Canton Rentals.
WHEREAS, the City filed a complaint for injunctive relief naming Inmon as defendant on
May 3, 2000. The complaint alleged numerous ordinance violations of the Canton Municipal Code
and is more particularly described in the court records of the Circuit Court of the Ninth Judicial
Circuit, Fulton County, Illinois, Case No. 00-MR-20, City of Canton v. Donald Inmon.
WHEREAS, the Honorable Judge Taylor conducted a bench trial in the above-referenced
court matter between the City and Inmon on March 22, 2006 and subsequently entered a Judgment
Order.
WHEREAS, the Judgment Order enjoined the Defendant, together with his agents,
associates, successors and assigns, and all persons on his premises from maintaining, conducting
and/or operating the facility on Lots 10 and 11 of the Enterprise Industrial District involving the
acquisition, storage, salvage or other type of conversion of mobile homes and/or house trailers. The
Judgment Order further instructed the Defendant to abate the nuisance on Lots 10 and 11 by ceasing
the operation thereon and by removing all mobile homes and house trailers that were on the
premises. The Judgment Order also entered judgment against the Defendant in the amount of Six
Thousand Two Hundred Sixty-Three Dollars and Seventy-Four Cents ($6,263.74) plus the cost of
suit.
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WHEREAS, Inmon tendered the judgment amount plus interest to the City on August 15,
2006, but failed to case the maintenance, conduction and/or operation of the facility to acquire,
store, salvage or convert mobile homes and/or house trailers. Inmon further failed to abate the
nuisance on Lots 10 and 11 by refusing to remove all mobile homes and/or house trailers.
WHEREAS, a Supplemental Judgment Order was entered in the matter on August 23,
2006, which required Inmon to abate the nuisance on Lot 10 by Tuesday, August 29, 2006 and
submit a comprehensive plan and timeframe for abating the nuisance on Lot 11 by Tuesday, August
29, 2006.
WHEREAS, in violation of the Court's explicit order, Inmon failed to abate the nuisance on
Lot 10 and submit a comprehensive plan and timeframe for abating the nuisance on Lot 11 by
Tuesday, August 29, 2006. Furthermore, neither Inmon nor his attorney appeared for a previously
scheduled status hearing on the same date.
WHEREAS, on September 19, 2006 the City Council voted in favor of a Resolution
directing the City Attorney to file a Condemnation Complaint with the Court as to Inmon and Lots
10 and 11 of the Enterprise Industrial Park.
WHEREAS, on September 20, 2006 a conference was held between Jackson, Inmon and
the City and their respective counsel to discuss the status of the Property.
WHEREAS, on September 20, 2006 Inmon desired to terminate the Agreement for
Warranty Deed and return possession of the Property to Jackson.
WHEREAS, Jackson was willing to terminate the Agreement for Warranty Deed, release
Inmon from the obligations of that agreement and accept possession of the Property upon certain
terms and conditions.
WHEREAS, Jackson and Inmon executed an Agreement to Terminate Agreement for
Warranty Deed and Release of All Claims on September 20, 2006.
WHEREAS, the City, through its Finance Committee and City Council, determined that it
was in the best interest of the City to assist Jackson in the redevelopment of the reclaimed Property
up to a maximum financial contribution of forty thousand dollars ($40,000.00) with documentation
for said expenses having already been submitted and paid; and
WHEREAS, expenses incurred for redevelopment have exceeded original estimates; and
WHEREAS, Jackson has requested that the City's maximum financial contribution be
increased to an amount not to exceed seventy thousand dollars ($70,000.00); and
WHEREAS, the City, through its Finance Committee and City Council, has determined that
it is in the best interest of the City to assist Jackson in the redevelopment of the property by
authorizing an additional thirty thousand dollars ($30,000.00) in TIF expenditures with the
maximum financial contribution not to exceed a total of seventy thousand dollars ($70,000.00).
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WHEREAS, the City Council of the City of Canton, Illinois has reviewed the terms of the
proposed Addendum, a copy of which is attached hereto and incorporated herein as Exhibit A; and
WHEREAS, 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 approve said Addendum.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF CANTON, ILLINOIS, AS FOLLOWS:
1. That the Addendum between the City of Canton and Ray Jackson, which is attached hereto
and incorporated herein as Exhibit A, is hereby approved in the form attached as Exhibit A,
said Addendum to be subject to and effective pursuant to the terms and conditions set forth
therein.
2. That the Mayor and the City Clerk of the City of Canton, Illinois are hereby authorized and
directed to execute said Addendum 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, Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 19th day
of Decanter , 2006 upon a roll call vote as follows:
AYES: A7-dermen Berardi, HartfQrrd, Glest, Meade, Carl, Schenck Lewis.
NAYS: None.
ABSENT: ~-dennan Sarf'f.
VED:
/~~
Rodney W. Heinze
Mayor
ATTEST:
~fi - ~ ~' ,
Nancy S. Whites
City Clerk
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ADDENDUM
WHEREAS, this Addendum is dated this 19th day of December , 2006.
WHEREAS, this Addendum is made part of the Development Agreement dated November
9, 2006 between the CITY OF CANTON (City), an Illinois municipal corporation, and Ray Jackson
d/b/a JATE, Inc. and FULTON COUNTY RENTAL, INC. (collectively "Jackson") for
redevelopment of property located at Lots 10 and 11 of the Enterprise Industrial Park
WHEREAS, the City, through its Finance Committee and City Council, determined that it
was in the best interest of the City to assist Jackson in the redevelopment of the aforesaid property
up to a maximum financial contribution of forty thousand dollars ($40,000.00); and
WHEREAS, expenses incurred for redevelopment have exceeded original estimates; and
WHEREAS, Jackson has requested that the City's maximum financial contribution be
increased to an amount not to exceed seventy thousand dollars ($70,000.00); and
WHEREAS, the City, through its Finance Committee and City Council, determined that it is
in the best interest of the City to assist Jackson in the redevelopment of the aforesaid property by
authorizing an additional thirty thousand dollars ($30,000.00) in TIF expenditures with the
maximum financial contribution not to exceed a total of seventy thousand dollars ($70,000.00).
NOW, THEREFORE, the parties agree that this Addendum hereby modifies and amends the
Development Agreement as follows:
A. The City of Canton's maximum financial contribution will be increased to an amount not to
exceed seventy thousand dollars ($70,000.00).
IN WITNESS WHEREOF, the parties have executed this Addendum to the Development
Agreement as of the date first written above.
CITY OF CANTON,
an Illinois Municipal Corporation
By:
dney nze, Mayor
ATTEST:
Nancy Whit$~ ,City Clerk
STATE OF ILLINOIS
COUNTY OF FULTON
SS:
I, ~ 1'. ~-~~-~~.P/1J , a Notary Public in and for the County of Fulton, State of
Illinois, certify that Rodney Heinze, personally known to me to be the same person whose name is
subscribed to this instrument, appeared before me on this ~ day of ~C~'~h~i~~ ,
2006, in person, and acknowledged to me and he signed and delivered this instrument as his free and
voluntary act for the uses and purposes as set forth.
OFFICIA SL E.AL
CAROL E. KOHLER
NOTARY PUBLIC, STATE OF ILLMIOIS
MY COMMISSION EXPIRES 10.2-2010
...~.,.
STATE OF ILLINOIS
Notary Public
JATE, INC.
By:
Ray Jac n, P sident
FULTON COUNTY RENTAL, INC.
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By:
Ray J c son resident
SS:
COUNTY O FULTON )
I, C csC~u.. , a Notary Public in and for the County of Fulton, State of
Illinois, certify that Ray Jackson, President of JaTe, Inc. and Fulton County Rentals, Inc., personally
known to me to be the sam erson wh se name is subscribed to this instrument, appeared before me
on day of f'W 2006, in person, and acknowledged to me and he
signed and delivered this instrument as his free and voluntary act, as President of JaTe, Inc. and as
President of Fulton County Rentals, Inc., and on behalf of those corporations, for the uses and
purposes as set forth.
Q.
Notary ublic
' `-?1=FICIAL SEAL
~`~~~"~. SCHELL
''",'';' .;,,,1: ~, S l•ATE OF ILLINOIS
' ~ ~t)h~IPrii : CN EXPIRES 12.13-2007
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