HomeMy WebLinkAboutOrdinance #4381 - Revelopment Agreement between The City of Canton and 309 Developments, Jedediah Rhoades, Max Kumer, and Spoon River Rentals 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
5TH DAY OF DECEMBER, 2023, ADOPTED ORDINANCE NO. 4381, A TRUE AND
CORRECT COPY OF WHICH IS CONTAINED IN THIS PAMPHLET.
GIVEN UNDER MY HAND AND SEAL THIS 5TH DAY OF DECEMBER,2023.
(SEAL)
/ANDI SMITH-WALTERS
CITY CLERK
STATE OF ILLINOIS).
SS.
COUNTY OF FULTON)
CERTIFICATE
I, Andi Smith-Walters, certify that I am the duly elected City Clerk of
the CITY OF CANTON, FULTON COUNTY, ILLINOIS.
I further certify that on DECEMBER 05. 2023. the City Council of such
municipality passed and approved Ordinance #4381 entitled:
AN ORDINANCE APPROVING AND AUTHORIZING
THE EXECUTION OF THE FIRST AMENDMENT TO THE
CANTON 2—RT. 9/CHESTNUT STREET
TAX INCREMENT FINANCING(TIF)
DISTRICT
REDEVELOPMENT
AGREEMENT BY AND
BETWEEN
THE CITY OF CANTON,FULTON COUNTY,ILLINOIS
AND
309 DEVELOPMENTS,
LLC AND
JEDEDIAH
RHOADES AND
MAX
KUMER
AND
SPOON RIVER RENTALS,LLC
The ordinance attached is a true and correct copy of the ordinance adopted by Canton
City Council.
DATED AT CANTON, ILLINOIS, THIS 5T" DAY OF DECEMBER 2023
Seal
ndi Smith-Walters, City Clerk
City of Canton, Illinois
CITY OF CANTON, ILLINOIS
ORDINANCE NO. 4 3 81
AN ORDINANCE APPROVING AND AUTHORIZING
THE EXECUTION OF THE FIRST AMENDMENT TO THE
CANTON 2-RT. 9/CHESTNUT STREET
TAX INCREMENT FINANCING(TIF)DISTRICT
REDEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF CANTON,FULTON COUNTY,ILLINOIS
AND
309 DEVELOPMENTS,LLC
AND
JEDEDIAH RHOADES
AND
MAX KUMER
AND
SPOON RIVER RENTALS,LLC
PASSED BY THE CITY COUNCIL
OF THE CITY OF CANTON,FULTON COUNTY,ILLINOIS,
ON THE 5TH DAY OF DECEMBER,2023.
PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE CITY
COUNCIL OF THE CITY OF CANTON,FULTON COUNTY,ILLINOIS,
THIS 5'H DAY OF DECEMBER,2024.
EFFECTIVE: DECEMBER 5,2023
ORDINANCE NO.4381
CITY OF CANTON,ILLINOIS
AN ORDINANCE APPROVING AND AUTHORIZING
THE EXECUTION OF THE FIRST AMENDMENT TO THE
CANTON 2—RT. 9/CHESTNUT STREET
TAX INCREMENT FINANCING(TIF)DISTRICT
REDEVELOPMENT AGREEMENT
by and between
CITY OF CANTON
and
309 DEVELOPMENTS,LLC
and
JEDEDIAH RHOADES
and
MAX KUMER
and
SPOON RIVER RENTALS,LLC
WHEREAS, the Mayor and City Council of the City of Canton, Fulton County, Illinois,
an Illinois Municipal Corporation (the"City"),have hereby determined that the First Amendment to
the Canton 2-Rt. 9/Chestnut Street Tax Increment Financing (TIF) District Redevelopment
Agreement by and between the City of Canton and 309 Developments, LLC., an Illinois Limited
Liability Company, and Jedediah Rhoades and Max Kumer and Spoon River Rentals, LLC, an
Illinois Limited Liability Company (collectively 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 Board of the City of Canton,
Illinois,in the County of Fulton, as follows:
1. The First Amendment to the Canton 2-Rt. 9/Chestnut Street Tax Increment Financing (TIF)
District Redevelopment Agreement (the "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 First Amendment to the Redevelopment Agreement and the City Clerk of the City of
Canton is hereby authorized and directed to attest such execution.
3. The First Amendment to the Redevelopment Agreement shall be effective the date of its
approval on the 5`'day of December,2023.
4. This Ordinance shall be in full force and effect from and after its passage and approval as
required by law.
(The remainder of thi page is intentionally left blank.)
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PASSED, APPROVED AND ADOPTED by the Corporate Authorities of the City of Canton,
Fulton County,Illinois,on the 5`'day of December,2023,and deposited and filed in the Office of the
City Clerk of said City on that date.
MAYOR&ALDERMEN AYE VOTE NAY VOTE ABSTAIN/ABSENT
Angie Lingenfelter X
Andra Chamberlin
Patrick Ketcham
Ralph Grimm X
Greg Gossett
Justin Nelson
John Lovell
Angela Hale
Kent A.McDowell,Mayor
TOTAL VOTES 9
APPROVED: Date: / /2023
Kent A. McDowell,Mayor, City of Canton
ATTEST: Date: �/�/2023
Andi Walters-Smith, ity Clerk, City of Canton
ATTACHMENT:
EXHIBIT A. First Amendment to the City of Canton, Illinois Business Development District No.
1 Redevelopment Agreement by and between the City of Canton and 309 Developments, LLC., and
Jedediah Rhoades and Max Kumer and Spoon River Rentals,LLC.
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EXHIBIT A
CITY OF CANTON, ILLINOIS
FIRST AMENDMENT TO THE
CANTON 2—RT. 9/CHESTNUT STREET
TAX INCREMENT FINANCING (TIF) DISTRICT
REDEVELOPMENT AGREEMENT
by and between
CITY OF CANTON
and
309 DEVELOPMENTS,LLC
and
JEDEDUH RHOADES
and
MAX KUMER
and
SPOON RIVER RENTALS,LLC
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CITY OF CANTON, ILLINOIS
FIRST AMENDMENT TO THE
CANTON 2—RT. 9/CHESTNUT STREET
TAX INCREMENT FINANCING (TIF) DISTRICT
REDEVELOPMENT AGREEMENT
by and between
CITY OF CANTON, ILLINOIS
and
309 DEVELOPMENTS, LLC
and
JEDEDIAH RHOADES
and
MAX KUMER
and
SPOON RIVER RENTALS, LLC
DECEMBER 5, 2023
CITY OF CANTON, ILLINOIS
FIRST AMENDMENT TO THE
CANTON 2—RT.9/CHESTNUT STREET
TAX INCREMENT FINANCING(TIF)DISTRICT
REDEVELOPMENT AGREEMENT
by and between
CITY OF CANTON
and
309 DEVELOPMENTS,LLC
and
JEDEDIAH RHOADES
and
MAX KUMER
and
SPOON RIVER RENTALS,LLC
THIS FIRST AMENDMENT TO THE CANTON 2—RT.9/CHESTNUT STREET
TAX INCREMENT FINANCING (TIF) DISTRICT REDEVELOPMENT
AGREEMENT by and between the CITY OF CANTON, Fulton County, Illinois, an Illinois
Municipal Corporation(the"City"),and 309 DEVELOPMENTS,LLC.,an Illinois Limited Liability
Company,and JEDEDIAH RHOADES,and MAX KUMER and SPOON RIVER RENTALS,
LLC, an Illinois Limited Liability Company (collectively the Developer") is entered into this 5`' day
of December, 2023. Hereinafter the City and the Developer, for convenience, may collectively be
referred to as the"Parties.
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 65 ILCS 5/8-1-2.5, a municipality may appropriate and expend
funds for economic development purposes, including without limitation for commercial enterprises
that are deemed necessary or desirable for the promotion of economic development within the
community;and
WHEREAS, pursuant to the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-
74.4.4 et. seq., as amended (the"TIF Act"),the City has the authority to provide incentives to owners
or prospective owners of real property to develop, redevelop, and rehabilitate such property by
reimbursing the owners for certain costs from resulting increases in real estate tax revenues;and
WHEREAS,on February 6,2021,recognizing the need to foster the development,expansion
and revitalization of certain properties which are vacant, underutilized, or undeveloped, the City
adopted Tax Increment Financing under the TIF Act, approved a Redevelopment Plan, and
designated a Redevelopment Area known as the"Canton 2—Rt. 9/Chestnut Street TIF District"
and hereinafter referred to as the "TIF District");and
WHEREAS, said Property is also located within the City of Canton Business Development
District No. 1 Redevelopment Project Area,which was established by the City on March 15,2022,by
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Ordinance No. 4281 pursuant to the Business District Development and Redevelopment Act, 65
ILCS 5/11-74.3 et. seq. (the"BDD Act");and
WHEREAS, pursuant to the BDD 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,on November 21,2023,the City approved Ordinance No. 4379 and the Parties
entered into a Redevelopment Agreement (the "Original Redevelopment Agreement"),wherein the
City agreed to extend incentives to 309 Developments,LLC,Jedediah Rhoades and Max Kutner for
reimbursement of certain TIF and BDD Eligible Project Costs incurred on property located at 305
W.Locust St.,Canton,Illinois, (PIN 09-08-27-318-019 and the"Property");and
WHEREAS,the Developer has proceeded to acquire the Property and begin construction of
a new 32 ft. x 12 ft.building located thereon for use as a retail drive-thru coffee shop to be known as
Dame Fine Coffee (the "Project") and is incurring redevelopment costs for the Project pursuant to
said Original Redevelopment Agreement(the"Project");and
WHEREAS, Spoon River Rentals,LLC is an Illinois Limited Liability Company which shall
also incur redevelopment costs for the Project;and
WHEREAS, the Parties agree to Amend the terms of the Original Redevelopment
Agreement as set forth below.
AMENDMENT
NOW, THEREFORE, for good and valuable consideration, the receipt of which is
acknowledged,the Parties agree as follows:
A. AMENDED DEFINITION OF "DEVELOPER"
The term "Developer"in the Original Redevelopment Agreement,and any exhibits thereto,
shall mean, collectively,309 Developments, LLC., and Jedediah Rhoades, and Max Kumer, and
Spoon River Rentals,LLC.
B. AMENDED SECTION `11. INCENTIVES"
Section "C"Incentives of the Original Redevelopment Agreement is hereby amended by
adding the following Paragraph 3:
2. All of the Developers,309 Developments, LLC and Jedediah Rhoades and Max Kumer
and Spoon River Rentals, LLC,hereby direct the City to make all reimbursements for TIF
and or BDD Eligible Project Costs (whether incurred by 309 Developments, LLC or
Jedediah Rhoades or Max Kumer or Spoon River Rentals, LLC) pursuant to this
Agreement with the original Developer,payable to 309 Developments,LLC.
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C.AMENDED SECTION "M.NOTICES"
Section "Q" Notices of the Original Redevelopment Agreement is hereby amended in its
entirety as follows:
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 309 Developments,LLC
% City Clerk %Jedediah Rhoades,Manager
2 N. Main St. 130 N. Main St.
Canton,Illinois 61520 Canton,IL 61520
Ph: (309) 647-0020
Ph: (309) 333-0616
W N copy to City BDD Administrator.-
Jedediah Rhoades
Jacob &Klein,Ltd. and 26089 N. County Hwy 22
The Economic Development Group,Ltd. Canton,IL 61520
1701 Clearwater Avenue Ph: (309) 333-0616
Bloomington,Illinois 61704
Ph: (309) 664-7777
Max Kumer
23271 N. Seneca Ct.
Cuba,IL 61427
Spoon River Rentals,LLC
`/o Max Kumer,Manager
130 N.Main St.
Canton,Illinois 61520
D. PRIOR AGREEMENT TERMS APPLY
All terms of the Original Redevelopment Agreement and any Exhibits attached thereto shall
apply to this First Amendment and remain effective unless specifically modified by this First
Amendment to the Redevelopment Agreement.
The undersigned signatories hereby warrant full authority to both execute this First
Amendment to the Redevelopment Agreement and to bind the entity in which they are signing on
behalf of.
This First Amendment to the Redevelopment 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.
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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 309 DEVELOPMENTS,LLC, an Illinois
Municipal Corporation Limited C o, do
BY: i�jg BY:
Mayor Je e ah Rhoades,Manager
Date: 6�s ?id�i3 Date:
JEDEDIAH RHOADES,individually
ATTESTED BY:
BY:
Jed ' h Rhoades
1 Clerk
Date:
Date: �Z D
MAX KUMER,individually
BY:4MaKumeer —
Date: /` —G 2
SPOON RIVER RENTALS, LLC,an
Illinois Limited Liability Company
BY:
Max umer,Manager
Date: 6 ' 23
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