HomeMy WebLinkAboutOrdinance #4353 - Redevelopment Agreement between The City of Canton and Michael Hulvey (35 S. Main Street) CERTIFICATE
THE UNDERSIGNED CERTIFIES THAT SHE IS THE CITY CLERK FOR THE CITY
OF CANTON, ILLINOIS, AND THAT THE CITY COUNCIL AT A REGULARLY
CONSTITUTED MEETING OF SAID CITY COUNCIL OF THE CITY OF CANTON ON
THE 3RD DAY OF JULY, 2023 ADOPTED ORDINANCE NO. 4353, A TRUE AND
CORRECT COPY OF WHICH IS CONTAINED IN THIS PAMPHLET.
GIVEN UNDER MY HAND AND SEAL THIS 3RD DAY OF JULY,2023.
(SEAL)
ANDREA J. ALTERS-SMITH
CITY CLERK
CITY OF CANTON, ILLINOIS
ORDINANCE NO. 4 3 5 3
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A
REDEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF CANTON,FULTON COUNTY,ILLINOIS
AND
MICHAEL HULVEY
(35 S. MAIN STREET)
PASSED BY THE CITY COUNCIL
OF THE CITY OF CANTON,FULTON COUNTY,ILLINOIS,
ON THE 3RD DAY OF JULY,2023.
PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE CITY
COUNCIL OF THE CITY OF CANTON,FULTON COUNTY,ILLINOIS,
THIS 3RD DAY OF JULY,2023.
EFFECTIVE:JULY 3,2023
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ORDINANCE NO. 4353
CITY OF CANTON,ILLINOIS
AN ORDINANCE APPROVING AND AUTHORIZING
THE EXECUTION OF A BUSINESS DEVELOPMENT DISTRICT NO.1
REDEVELOPMENT AGREEMENT
by and between
THE CITY OF CANTON
and
MICHAEL HULVEY
(35 S. Main Street)
WHEREAS, the Mayor and City Council of the City of Canton,Fulton County, Illinois (the
"City"), have hereby determined that the Canton, Illinois Business Development District No. 1
Redevelopment Agreement by and between the City of Canton and Michael Hulvey (the
"Developer") attached hereto as Exhibit `A,"is-in the best interest of the citizens of the City of
Canton.
NOW THEREFORE,be it ordained by the Mayor and City Council of the City of Canton,
Illinois,in the County of Fulton, as follows:
1. The City of Canton, Illinois Business Development District No. 1 (the `Business District")
Redevelopment Agreement attached hereto as Exhibit "A"is hereby approved.
2. The Mayor is hereby authorized and directed to enter into and execute on behalf of the City
said Business District Redevelopment Agreement and the City Clerk of the City of Canton is
hereby authorized and directed to attest such execution.
3. The Mayor is hereby fin-ther authorized to approve a single forty-five (45) day extension of
the Developer's obligation to complete the Project and verify eligible expenses if such
extension is requested by the Developer in writing on or before April 30,2024.
4. The Business District Redevelopment Agreement shall be effective the date of its approval on
the 3'day of July 2023.
5. This Ordinance shall be in full force and effect from and after its passage and approval as
required by law.
(The mmainder of this page is intentionally left blank)
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PASSED APPROVED AND ADOPTED by the Mayor and City Council of the City of
Canton this 3'day of July,2023.
MAYOR&ALDERMEN AYE VOTE NAY VOTE ABSTAIN/ABSENT
Angie Lingenfelter
Andra Chamberlin
Patrick Ketcham
Ralph Grimm
Greg Gossett
Justin Nelson
John Lovell
Angela Hale
Kent A.McDowell,Mayor
TOTAL VOTES 8
APPROVED: I Date 6 ® 2023
M yor, City of Canton
ATTEST: C , Date: 2023
#ityClerk, City of Canton
ATTACHMENTS:
1. EXHIBIT A. City of Canton,Illinois Business Development District No. 1 Redevelopment
Agreement by and between the City of Canton and Michael Hulvey.
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EXHIBIT A
CITY OF CANTON, ILLINOIS
BUSINESS DEVELOPEMNT DISTRICT NO. 1
REDEVELOPMENT AGREEMENT
by and between
THE CITY OF CANTON .
and
MICHAEL HULVEY
(35 S. Main Street)
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CITY OF CANTON, ILLINOIS
BUSINESS DEVELOPMENT DISTRICT NO. 1 REDEVELOPMENT
AGREEMENT
by and between
CITY OF CANTON, ILLINOIS
and
MICHAEL HULVEY
(35 S. Main Street)
JULY 3, 2023
CITY OF CANTON, ILLINOIS
BUSINESS DEVELOPMENT DISTRICT NO. 1
REDEVELOPMENT AGREEMENT
by and between
CITY OF CANTON, ILLINOIS
and
MICHAEL HULVEY
(35 S. Main Street)
THIS AGREEMENT (including Exhibits, hereinafter referred to as the "Agreement") is
entered into this 3`d day of July, 2023, by the City of Canton (the "City"), an Illinois Municipal
Corporation,Fulton County, Illinois,and Michael Hulvey,individually(the"Developer").
PREAMBLE
WHEREAS, the City has the authority to promote the health, safety, and welfare of the City
and its citizens and to encourage development, job creation, and/or the full utilization of real estate;
and
WHEREAS,pursuant to the Illinois Business District Development and Redevelopment Act
(65 ILCS 5/11-74.3-1 et seq.), as amended (the "Act"), the City established the Canton Business
Development District No. 1 (the "Business District" or "BDD") on March 15, 2022, by approving
Ordinance No. 4281;and
WHEREAS,on September 30,2022,the City approved the First Amendment to the Business
District by approving Ordinance No. 4307 and further ratified the First Amendment on October 5,
2022 by approving Ordinance No. 4315;and
WHEREAS, pursuant to Illinois Statute 65 ILCS 5/8-1-2.5, the City has the authority to
appropriate and expend funds for economic development purposes;and
WHEREAS,pursuant to the Act, the City has the authority to incur eligible business district
project costs and may enter into agreements with developers to reimburse them for their eligible
business district project costs; and
WHEREAS,the Developer owns property located within the Business District at 35 S.Main
Street (PIN 09-08-27-415-010),which is hereinafter referred to as the "Property;"and based in part
on incentives made available by the City,the Developer shall proceed with plans to repair/replace an
exterior window as well as other ancillary (exterior/interior) framing and finishing as relates to the
replacement of the window as located thereon at a total estimated cost of$10,000 for the commercial
operation of a professional law office (the "Project"); and
WHEREAS, the Developer's proposed Project is consistent with the land uses of the City
and the Business District Plan as adopted; and
WHEREAS, as an incentive to undertake the Project, the Developer has requested
reimbursement for a portion of its BDD eligible project costs as described in Exhibit "1"attached
hereto and as further evidenced by the Developer's Application for Reimbursement of Private BDD Eligible
Redevelopment Pr feet Costs attached hereto as Exhibit "2;"and
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WHEREAS, the City has determined that this Project requires the incentives requested and
that said Project will promote the health, safety and welfare of the City and its citizens by attracting
private investment to redevelop under-utilized property, to provide employment for its citizens, and
generally to enhance the local economy;and
WHEREAS,in consideration of the execution of this Agreement and in reliance thereon,the
Developer is prepared to redevelop said property; and
WHEREAS, the City is entering into this Agreement to induce the Developer to complete
the Project located on the Property.
AGREEMENTS
NOW, THEREFORE, for good and valuable consideration, the receipt of which is
acknowledged, the Parties agree as follows:
A. PRELIMINARY STATEMENTS
1. The Parties agree that the matters set forth in the recitals above are true and correct and form
a part of this Agreement and are to be construed as binding statements of this Agreement.
2. Any terms which are not defined in this Agreement shall have the same meaning as they do in
the Act,unless indicated to the contrary.
3. The Developer agrees to complete the Project and verify eligible project costs as required in
Section "E"below on or before April 30, 2024, subject to exception of Force Majeure as
described in Section "I"below.
4. For the purpose of this Agreement, the Developer's Project will be deemed to be complete
when the improvements described in Exhibit "1"are completed in compliance with all
applicable ordinances and building codes of the City, and the eligible project costs have been
verified by the Developer pursuant to Section "E"below.
5. Each of the Parties represents that it has taken all actions necessary to authorize its
representatives to execute this Agreement.
B. INCENTIVES
In consideration for the Developer completing its Project, the City agrees to extend to the Developer
the following incentives to assist the Developer's Project:
1. Upon the timely completion of the Project and verification of Business District eligible project
costs incurred in furtherance of the Project by the Developer pursuant to Section "E"below,
the City shall reimburse the Developer a single,lump-sum amount not to exceed Twenty
Five Percent (25%) of the verified eligible project costs incurred for the Project,not to
exceed Two Thousand Five Hundred and 00/100 Dollars ($2,500.00),whichever is less,
as may be payable from the Canton BDD Special Tax Allocation Fund pursuant to the Act.
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C. LIMITATION OF INCENTIVES TO DEVELOPER
1. The Developer shall be reimbursed by the City, subject to the limitations of Section "B"
above, from the Business District Tax Allocation Fund, but only up to an amount not to
exceed$2,500.00.
D. OBLIGATIONS AND RESPONSIBILITIES OF DEVELOPER
1. The Developer shall timely complete the Project located on the Property. Failure of the
Developer to timely complete such the Project as set forth herein will result in the denial of
the reimbursements to be otherwise made hereunder.
2. The failure of the Developer to provide any information reasonably required herein after
notice from the City,and the continued failure to provide such information within 30 days to
the City after such notice shall be considered a material breach of this Agreement and shall be
cause for the City to deny payments hereunder to the Developer, which payments are
conditional upon receipt of the forgoing information.
3. The Developer agrees to execute any and all documents necessary to effectuate the provisions
of this Agreement.
E. PAYMENT OF ELIGIBLE PROJECT COSTS
1. To receive the incentives set forth in Section "B" above, the Developer must submit
documentation evidencing all Business District Eligible Project Costs incurred by it with
respect to the Project on or before April 30, 2024. Satisfactory evidence of such costs shall
include verified bills or statements of suppliers, contractors, or professionals together with
mechanic's lien waivers (whether partial or full), cancelled checks, statements or invoices
marked paid from each of the parties entitled to payment with respect to work done for the
Project, or other proofs payment for such bills, statements, or invoices for such costs.
2. Absent the City's written consent for an extension provided to the Developer, any costs
submitted after April 30,2024,will not be eligible for reimbursement.
a. Upon receiving written request from the Developer on or before April 30, 2024, the
Mayor may grant to the Developer one extension of up to forty-five (45) days to
complete the Project and comply with Section "E(1)"above.
3. Payment to the Developer for BDD Eligible Project Costs as set forth by the BDD Act shall
be made by the City following submission by Developer of a final Requisition far Payment of
Private Development Redevelopment Costs (the "Requisition") attached hereto as Exhibit "3"to
Jacob & Klein, Ltd. and the Economic Development Group, Ltd. (collectively the `BDD
Administrator"), and the BDD Administrator's approval of the BDD eligible project costs
and the availability of funds in the Canton BDD Special Tax Allocation Account.
4. If any costs which are submitted by the Developer are not approved by the Administrator,the
reasons for disallowance will be set forth in writing and the Developer may resubmit the costs
with such additional information as may be required and the same procedures set forth herein
shall apply to such re-submittals.
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5. All Business District Eligible Project Costs which have been approved shall then be paid
pursuant to the terms set forth in Section `B"above.
F. LIMITED OBLIGATION OF CITY
The City's obligation hereunder to reimburse the Developer as stated herein is a limited
obligation. Said obligation does not now and shall never constitute an indebtedness of the City within
the meaning of any State of Illinois constitutional or statutory provision and shall not constitute or
give rise to a pecuniary liability of the City or a charge or lien against any City fund nor obligate the
City to utilize its taxing authority to fulfill the terms of this Agreement.
G. LIMITED LIABILITY OF CITY TO OTHERS FOR DEVELOPER'S EXPENSES
There shall be no obligation by the City to make any payments to any person other than the
Developer, nor shall the City be obligated to make payments to any contractor, subcontractor,
mechanic, or materialman providing services or materials to the Developer for the Project.
H. DEFAULT; CURE; REMEDIES
In the event of a default under this Agreement by any Party hereto (the "Defaulting Party"),
which default is not cured within the cure period provided for below, then the other Party (the"Non-
defaulting Party") shall have an action for damages, or in the event damages would not fairly
compensate the Non-defaulting Party's for the Defaulting Party's breach of this Agreement,the Non-
defaulting Party shall have such other equity rights and remedies as are available to them at law or in
equity. Any damages payable by the City hereunder shall be limited to the Municipal Sales Tax
Revenues payable under the terms of this Agreement.
In the event a Defaulting Party shall fail to perform a monetary covenant which it is required
to perform under this Agreement,it shall not be deemed to be in default under this Agreement unless
it shall have failed to perform such monetary covenant within thirty (30) days of its receipt of a notice
from a Non-defaulting Party specifying that it has failed to perform such monetary covenant. In the
event a Defaulting Party fails to perform any non-monetary covenant as and when it is required to
under this Agreement,it shall not be deemed to be in default if it shall have cured such default within
thirty (30) days of its receipt of a notice from a Non-defaulting Party specifying the nature of the
default, provided, however, with respect to those non-monetary defaults which are not capable of
being cured within such thirty(30) day period,it shall not be deemed to be in default if it commences
curing within such thirty (30) day period, and thereafter diligently and continuously prosecutes the
cure of such default until the same has been cured.
I.TIME; FORCE MAJEURE
For this Agreement,time is of the essence. The Developer agrees to complete the Project on
or before April 30, 2024, subject to extension due to Force Majeure (defined below). Failure to do
so shall be cause for the City to declare the Developer in default and unilaterally terminate the
Agreement after notice and the opportunity to cure as provided in Section H. However,the Developer
and the City shall not be deemed in default with respect to any obligations of this Agreement on its
part to be performed if the Developer or the City fails to timely perform the same and such failure is
due in whole, or in part, to any strike,lock-out,labor trouble (whether legal or illegal), civil disorder,
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inability to procure materials, weather conditions, wet soil conditions, failure or interruptions of
power, restrictive governmental laws and regulations, condemnation, riots, insurrections, war, fuel
shortages,accidents, casualties,Acts of God or any other cause beyond the reasonable control of the
Developer or the City.
J.ASSIGNMENT
The rights (including,but not limited to, the right to payments contemplated by Section "B"
of this Agreement) and obligations (or either of them) of the Developer under this Agreement shall
not be assignable.
K.WAIVER
Any Party to this Agreement may elect to waive any remedy it may enjoy hereunder,provided
that no such waiver shall be deemed to exist unless the Party waiving such right of remedy does so in
writing. No such waiver shall obligate such Party to waive any right of remedy hereunder or shall be
deemed to constitute a waiver of other rights and remedies provided said Party pursuant to this
Agreement.
L. SEVERABILITY
If any section, subsection, term or provision of this Agreement or the application thereof to
any Party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of said
section, subsection, term or provision of this Agreement or the application of same to parties or
circumstances other than those to which it is held invalid or unenforceable, shall not be affected
thereby.
M. NOTICES
All notices,demands,requests,consents,approvals or other instruments required or permitted
by this Agreement shall be in writing and shall be executed by the Party or an officer,agent or attorney
of the Party,and shall be deemed to have been effective as of(i) the date of actual delivery,if delivered
personally,or(ii) as of the third(3`d) day from and including the date of posting,if mailed by registered
or certified mail, return receipt requested, with postage prepaid or (iii) the next business day if sent
overnight delivery using a nationally recognized delivery service,addressed as follows:
TO CITY TO DEVELOPER
City of Canton Michael Hulvey
`/o City Clerk 495 Rosewood Dr.
2 N. Main Street Canton,Illinois 61520
Canton,Illinois 61520 309 Ph: 338-5117
Ph: (309) 647-0065 ( )
With copy to City BDD Administrator. Kith copy to:
Jacob&Klein,Ltd. and
The Economic Development Group,Ltd.
1701 Clearwater Avenue
Bloomington, Illinois 61704
Ph: (309) 664-7777
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N. SUCCESSORS IN INTEREST
Subject to the provisions of Section "j"above, this Agreement shall be binding upon and
inure to the benefit of the Parties hereto and their respective successors and assigns.
O.NO JOINT VENTURE,AGENCY, OR PARTNERSHIP CREATED
Neither anything in this Agreement nor any acts of the Parties to this Agreement shall be
construed by the Parties or any third person to create the relationship of a partnership,agency,or joint
venture between or among such Parties.
P. LIMITATIONS OF LIABILITY
As it relates to this Agreement, no recourse under or upon any obligation, covenant or
agreement of this Agreement or for any claim based thereon or otherwise in respect thereof shall be
had against the City, its officers, agents and employees, in excess of any specific sum agreed by the
City to be paid to Developer, hereunder, subject to the terms and conditions herein, and no liability,
right or claim at law or in equity shall attach to or shall be incurred by its officers,agents and employees
in excess of such amounts, and all and any such rights or claims of Developer against the City, its
officers, agents and employees are hereby expressly waived and released as a condition of and as
consideration for the execution of this Agreement by the City.
Q. ENTIRE AGREEMENT
The terms and conditions set forth in this Agreement supersede all prior oral and written
understandings and constitute the entire agreement between the City and the Developer with respect
to the subject matter hereof.
R. TERM OF THE AGREEMENT
Notwithstanding anything in this Agreement to the contrary, this Agreement shall expire on
April 30, 2024, or upon the Developer receiving the incentives provided for in Section `B"above.
The Agreement shall expire sooner upon default by the Developer of this Agreement after applicable
notice and cure periods.
S. ILLINOIS PREVAILING WAGE ACT
It is the understanding of the Parties that the position of the Illinois Department of Labor(the
"Department") is that the Illinois Prevailing Wage Act does not apply to Sales Tax Reimbursements
received by private developers as reimbursement for private redevelopment project costs. This
position of the Department is stated as an answer to a FAQ section on the Department's website.'
The Developer shall indemnify and hold harmless the City,and all City elected or appointed officials,
officers, employees, agents, representatives, engineers, consultants, and attorneys (collectively, the
"indemnified Parties"), from any and all claims that may be asserted against the Indemnified Parties
or one or more of them,in connection with the applicability, determination, and/or payments made
under the Illinois Prevailing Wage Act (820 ILCS 130/0.01 et. seq.), the Illinois Procurement Code,
and/or any similar State or Federal law or regulation. This obligation to indemnify and hold harmless
obligates Developer to defend any such claim and/or action, pay any liabilities and/or penalties
'See online: hops://labuc.illinois.fnn/.
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imposed, and pay all defense costs of City, including but not limited to the reasonable attorney fees
of City. Failure to comply with any of these requirements may cause all benefits hereunder to be
terminated by the City.
T. OTHER GENERAL PROVISIONS
1. Titles of Paragraphs: Titles of the several parts, paragraphs, sections, or articles of this
Agreement are inserted for convenience of reference only and shall be disregarded in
construing or interpreting any provisions hereof.
2. Warranty of Signatories: The signatories of Developer warrant full authority to both execute
this Agreement and to bind the entity in which they are signing on behalf of.
3. Counterparts:This Agreement may be executed in counterparts,which when taken together
shall constitute a single signed original as though all Parties had executed the same page.
4. Choice of Law/Venue: This Agreement shall be governed by and construed in accordance
with the laws of the State of Illinois with venue lying in the Circuit Court of Fulton County,
Illinois.
THIS AGREEMENT IS INTENDED TO BE A LEGAL DOCUMENT. AN ATTORNEY AT
LAW SHOULD BE CONSULTED PRIOR TO THE EXECUTION OF THIS DOCUMENT.
IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed
by their duly authorized officers on the above date at the City of Canton,Illinois.
CITY DEVELOPER
CITY OF CANTON, ILLINOIS, an Illinois MICHAEL HULVEY,individually
Municipal Corporation
BY: BY:
M or Z Michael Hulvey
Date:
Date: q 2
ATTESTED BY:
ity Clerk
Date: 3 Z�
EXHIBITS:
Exhibit 1. Estimated BDD Eligible Project Costs
Exhibit 2. Application for BDD Benefits Relating to Private BDD Eligible Redevelopment Project
Costs as submitted by Michael Hulvey.
Exhibit 3. Requisition for Payment of Private Development Redevelopment Costs
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EXHIBIT 1
ESTIMATED BDD ELIGIBLE PROJECT COSTS
Michael Hulvey
City of Canton,Fulton County,Illinois / Canton BDD No. 1
Project Description: Developer shall repair/replace an exterior window as well as other
ancillary (exterior/interior) framing and finishing as relates to the
replacement of the window.
Location: 35 S. Main Street, Canton,Illinois
Parcel Number: 09-08-27-415-010
Estimated BDD Eligible Costs:
Exterior repairs,renovation&rehabilitation of structures
as relates to window replacement (materials&contracted labor).........................................................$10,000
Total Estimated BDD Eligible Project Costs l..................................................... 1�
I The total,cumulative reimbursement of BDD Funds for BDD Eligible Project Costs payable by the City to the Developer
shall not exceed 25% of verified BDD eligible project costs incurred by the Developer not to exceed$2.500.00,as set
forth in this Redevelopment Agreement.
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EXHIBIT 2
APPLICATION FOR BDD BENEFITS RELATING TO PRIVATE BDD
ELIGIBLE REDEVELOPMENT PROJECT COSTS
as submitted by
MICHAEL HULVEY
(35 S. Main Street)
(See following pager as attached)
10
City of Canton, Illinois
Canton Business Development District (BDD) No. 1 (,.a b&,bed•31 i512o22)
City of Canton,Illinois/2 N.Main St.,Canton,IL 61520 Ph:(309)647-0065
APPLICATION FOR REIMBURSEMENT OF
PRIVATE BDD ELIGIBLE REDEVELOPMENT PROJECT COSTS
Applicant Name: 1M i do.,J 4t,.kve t
Applicant Mailing Address:
Applicant Daytime Phone: -003 3 —S1 17 Applicant Email Address:
Subject Property's Site Address: 357 S. M,,:,, SSE: C0e,.V,.,I I!L
Subject Property's Fulton County Property Tax ID#
Property Owner Name(s)if different than Applicant:
Type of Property (check all that apply): ❑Commercial/Retail; �'rofessional Office; ❑ Industrial; ❑ Residential
Anticipated Project Start Date: and Estimated Project Completion Date:
Number of new jobs,if any,that will be created as a result of this Project: Full-time-- Part-time
New annual retail sales anticipated to occur,if any,as a result of the proposed improvements: $
Total Projected Investment for Project:$ ,of which$ is land/building improvements.
Estimated BDD Eligible Project Costs (attach detailed list and description, as well as bids for contracted work):
1. Professional fees(e.g.,engineering,architectural,legal, accounting,plans,marketing).....$
2. Acquisition cost of land and buildings purchased after 3/15/2022......................................$�
3. Site preparation (e.g.,demolition,excavation,leveling/grading of land)..............................$
4. Exterior rehab,repair,remodeling,reconstruction of existing buildings.......:.....................5
5. Interior rehab,repair,remodeling,reconstruction of vacant,underutilized space............5
6. Construction of new building......................................................................................................$
7. Construction or repair of private parking lot and/or driveway..............................................$
8. Construction or repair of public infrastructure.........................................................................
$p
TOTAL ESTIMATED BDD ELIGIBLE PROJECT COSTS:........................ .....$ 'i0, Sao
FOR CITY USE:
Signed application received by the City of Canton on date:_/_/ by
City Finance Committee Recommendation: ❑Approved for Amount:$ on date:—
Notes/instructions: (attach more detail as needed)
❑ Denied for reason: (attacl,zno e detail ezi needed)
BDD Application forwarded to Cit}'s BDD Administrator on date:
Date of_approved Redevelopment Agreement:_/ / Verified BDD Eligible Project Costs: 8
Amount reimbursed by City to Applicant:$ by Check No. on date:
-1-
PLEASE READ THE-FOLLOWING REQUIREMENTS CAREFULLY
BDD reimbursements are provided for BDD-eligible project costs (pursuant to 65 ILCS 5/11-74.3-1 el. seq. as
amended, the "Act") and only for such eligible project costs that are incurred and verified for redevelopment
projects undertaken within the designated BDD No. 1 Redevelopment Project Area. All BDD Applications are
reviewed by the City's Finance Committee prior to approval of a written redevelopment agreement by the Canton
City Council and all reimbursements by the City are subject to the availability of funds.
1. Only properties located within the Canton Business Development District No. 1 Redevelopment Project
Area (the "BDD Area" or "Area") as depicted below are eligible to apply for BDD assistance. To verify a
property is located within the BDD Area,contact the Spoon River Partnership for Economic Development
for assistance: 48 N. Main Street, Canton, IL ' 61520; Ph: (309) 647-2677; or send email inquiries to
cmedtnielt can_ronillinrii<.ar2,or visit online at: htr»sT l/w�etiv.cattronillinois.r3tz,'ceonc�mic-devc'I<317t�tett[-.
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Canton Business Development District No. l (First Amendment)
M AUPEN-STUT2 P
•,,,•� Sgiem6er 20.2022 As Amended ti►37
2. All applicants are to attach a description of the planned improvements,estimated costs (contractor
bids, if any) of the project, and the project schedule. Conceptual sketches, photographs and drawings
are encouraged. The City reserves the right to request additional information,including,but not limited to,
hour the property will be utilized (e.g., commercial, residential, type of business, etc.) after the renovations
are completed.
3. All projects undertaken with BDD Funds must comply with applicable City of Canton design guidelines,
zoning ordinances and building codes.
4. A Tenant-Applicant of a building for which the reimbursement of leasehold improvements is requested
through BDD Funds must provide written consent from the Property Owner for all proposed
improvements (see Appendix A).
-2-
5. The City of Canton reserves the right to accept BDD Applications from those Applicants who undertake
projects the City deems to be compliant with the Act and for projects that the City believes will further
stimulate the tcpe of redevelopment that is consistent with the Canton Business Development District No.
1 Redevelopment Plan, and Projects. The Canton City Council shall exercise its authority pursuant to the
Act to reimburse private redevelopment project costs in such amounts that are deemed to be in the best
interests of the citizens of the City of Canton.
6. Applicants must, in advance of receiving BDD funds: a) verify that the most recent real estate tax bill(s)
have been paid for the Property; and b) verify BDD eligible project costs in an amount equal to or greater
than the amount approved by the City Council. BDD Funds are paid by the City of Canton to
Applicants:
a. with whom the City Council has approved a written redevelopment agreement by City
Ordinance;
b. upon completion of the Project and terms of the redevelopment agreement;and
c. following the verification of BDD eligible project costs that have been incurred by the
Applicant — no exceptions. The City's obligation hereunder to pay BDD funds for eligible
project costs is a limited obligation to be paid solely from the Canton BDD No. 1 Special Tax
Allocation Fund,unless otherwise specified in the redevelopment agreement.
7. It is the understanding of the City and the Applicant that the position of the Illinois Department of Labor is
that the Illinois Pievailing Wage Act does not currently apply to sales tax incentives, such as BDD Funds,
that are received by private Developers as reimbursement for BDD Eligible Project Costs. This position of
the Department of Labor is available online at: httns:/i���t-�r3.iiii��c�isov'idnif)_�O.Ii�a«esr'hre�
-,%-age-faq.aspx=gsrM Any project costs incurred by the Developer within a public right-of-way or for
which the improvements are intended to be dedicated to the City are subject to the Prevailing Wage Act.
8. All Applications are subject to review by the City Finance Committee prior to City Council approval.
The undersigned certifies and warrants that to the best of his/her knowledge the information contained in
and attached to this Application Form is true, correct, and complete and furthermore agrees to the terms
and conditions provided herein. Nothing contained in this BDD Application shall be construed by the
City or the Applicant or any third person to create the relationship of a partnership,agency,or joint venture
between the City and the Applicant.
Applicant Signature: Date:
❑ Applicant is the Owner of Subject Property
❑ Applicant is Tenant of Subject Property for which AppendixA has been completed and attached hereto.
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APPENDIX A
APPLICATION FOR REIMBURSEMENT OF
PRIVATE BDD ELIGIBLE REDEVELOPMENT PROJECT COSTS
City of Canton,Illinois/2 N.Main St.,Canton,IL 61520 Ph:(309)647-0065
(Co,vip/ete lop and b0110411 portions of'this fi)tin on)'f'the.'lpplicant is nn/the Aroper(l,Omaet)
TENANT-APPLICANT AFFIDAVIT
We the undersigned are the Applicant and Tenant of real Property located at the following address:
.(PIN ),
and hereby disclose our intent as Tenant of said Property to incur certain eligible project costs as"Leasehold
Improvements"for which we are requesting the reimbursement from the Canton Burineu Development District No. 1
Special Tax Allocation Fund,pursuant to the terms and conditions provided herein.
BY: Date:
(Authoritied Tenant Signature)
(Print Tenant Name)
ST'ATE OF ILLINOIS
COUNTY OF FULTON
I,the undersigned Notary Public,do hereby affirm that personally appeared before me on the day of
and signed the above Statement as a free and voluntary act and deed.
X otary Public
Date of Cootmi lion Expiry:
PROPERTY OWNER-LANDLORD AFFIDAVIT
As the owner of the above-described real Property, I hereby provide the Tenant my consent to undertake the
proposed"Leasehold Improvements" on the Property,whereby the Tenant shall incur certain eligible project costs
for which the Tenant is requesting reimbursement from the Canton .Buritterf Development Distiic'1 No. 1 Special Tax
Allocation Fund pursuant to the terms and conditions provided herein.
Furthermore, as a signatory to this Application, I do hereby direct the City of Canton to make the BDD grant
payment awarded by the City for this Project payable to the Tenant.applicant.
BY. Date:
(Authoiitied Property Owner-Landlord Signature)
(Print Property Owner-Landlord Name)
STATE.OF III.INOIS
COUNTY Olt FULTON
I,the undersigned Notary Public,do hereby affirm that personally appeared before me on the day of
and signed the above Statementas.a free and voluntary act and deed.
\"otag Public
Date of Commirnon Expiry:
-4-
EXHIBIT 3
CITY OF CANTON,ILLINOIS
CANTON BUSINESS DEVELOPMENT DISTRICT (BDD)NO.1
PRIVATE PROJECT REQUEST FOR
VERIFICATION OF BDD ELIGIBLE PROJECT COSTS
by
MICHAEL HULVEY
(35 S. MAIN STREET)
Date
Attention: City BDD Administrator, City of Canton,Illinois
Re: BDD Redevelopment Agreement,dated July 3,2023
by and between the City of Canton,Illinois,and Michael Hulvey(the"Developer")
The City of Canton is hereby requested to disburse funds from the Canton BDD Special Tax
Allocation Fund pursuant to the Redevelopment Agreement described above in the following amount(s), to
the Developer and for the purpose(s) set forth in this Request for Reimbursement. The terms used in this
Request for Reimbursement shall have the meanings given to those terms in the Redevelopment Agreement.
1. REQUEST FOR REIMBURSEMENT NO.
❑ This is the final request for verification of BDD eligible project costs (Developer initials)
2. REIMBURSEMENT PAYABLE TO:Michael Hulvey
3. AMOUNTS REQUESTED TO BE DISBURSED:
Description of BDD Eligible Project Cost Amount
Total
4. The amount requested to be disbursed pursuant to this Request for Reimbursement will be used to
reimburse the Developer for Redevelopment Project Costs for the Project detailed in Exhibit"I"of the
Redevelopment Agreement.
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5. The undersigned certifies that:
(i) the amounts included in (3) above were made or incurred or financed and were necessary for the
Project and were made or incurred in accordance with the construction contracts, plans and
specifications heretofore in effect;and
(ii) the amounts paid or to be paid,as set forth in this Request for Reimbursement,represent a part of
the funds due and payable for BDD Eligible Project Costs;and
(iii) the expenditures for which amounts are requested represent proper Redevelopment Project Costs
as identified in the `limitation of Incentives to Developer" described in Section "C" of the
Redevelopment Agreement, have not been included in any previous Request for Reimbursement,
have been properly recorded on the Developer's books and are set forth with invoices attached for
all sums for which reimbursement is requested,and proof of payment of the invoices;and
(iv) the amounts requested are not greater than those necessary to meet obligations due and payable or
to reimburse the Developer for its funds actually advanced for Redevelopment Project Costs;and
(v) the Developer is not in default under the Redevelopment Agreement, and nothing has occurred to
the knowledge of the Developer that would prevent the performance of its obligations under the
Redevelopment Agreement.
6. Attached to this Request for Reimbursement is Exhibit "I"of the Redevelopment Agreement, together
with copies of invoices,proof of payment of the invoices,and Mechanic's Lien Waivers relating to all items
for which reimbursement is being requested.
BY: (Developer)
TITLE:
APPROVED BY CITY OF CANTON,ILLINOIS
BY:
TITLE: DATE:
REVIEWED BY JACOB &KLEIN,LTD. &THE ECONOMIC DEVELOPMENT GROUP,LTD.
BY.
TITLE: DATE:
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