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HomeMy WebLinkAboutOrdinance #4407 - Redevelopment Agreement between The City of Canton and Klinedinst Chiropractic, Dr Randy L Klinedinst CERTIFICATE THE UNDERSIGNED CERTIFIES THAT SHE IS THE CITY CLERK FOR THE CITY OF CANTON, ILLINOIS, AND THAT THE BOARD OF TRUSTEES AT A REGULARLY CONSTITUTED MEETING OF SAID BOARD OF TRUSTEES OF THE CITY OF CANTON ON THE 18TH DAY OF JUNE, 2024, ADOPTED ORDINANCE NO. 4407, A TRUE AND CORRECT COPY OF WHICH IS CONTAINED IN THIS PAMPHLET. GIVEN UNDER MY HAND AND SEAL THIS 10 DAY OF JUNE,2024. (SEAL) DI SMITH-WALTERS ITY CLERK CITY OF CANTON, ILLINOIS ORDINANCE NO. 4 4 0 7 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A CANTON TAX INCREMENT FINANCING (TIF) DISTRICT 3 REDEVELOPMENT AGREEMENT by and between THE CITY OF CANTON,FULTON COUNTY,ILLINOIS and KLINEDINST CHIROPRACTIC,LLC And DR. RANDY L.KLINEDINST,DC PASSED BY THE CITY COUNCIL OF THE CITY OF CANTON,FULTON COUNTY,ILLINOIS, ON THE 18TH DAY OF DUNE, 2024. PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE CITY COUNCIL OF THE CITY OF CANTON,FULTON COUNTY,ILLINOIS, THIS 18TH DAY OF JUNE,2024. EFFECTIVE: JUNE 18,2024 CITY OF CANTON,ILLINOIS: ORDINANCE NO. 4407 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A CANTON TAX INCREMENT FINANCING (TIF) DISTRICT 3 REDEVELOPMENT AGREEMENT by and between THE CITY OF CANTON and KLINEDINST CHIROPRACTIC,LLC and DR.RANDY L. KLINEDINST,DC (106 Martin Ave. Roof Replacement Project) BE IT ORDAINED BY THE CITY OF. CANTON, FULTON COUNTY, ILLINOIS THAT: 1. The Redevelopment Agreement with Klinedinst Chiropractic, LLC, and Dr. Randy L. Klinedinst,DC, 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 Redevelopment Agreement and the City Clerk of the City of Canton is hereby authorized and directed to attest such execution. 3. The Redevelopment Agreement shall be effective the date of its approval on the 18'' day of June, 2024. 4. This Ordinance shall be in full force and effect from and after its passage and approval as required by law. The remainder of this page is intentionally blank.) ii PASSED, APPROVED AND ADOPTED by the Corporate Authorities of the City of Canton, Fulton County,Illinois,on the 18`'day of June,2024,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 Andra Chamberlin Patrick Ketcham Ralph Grimm Greg Gossett Justin Nelson John Lovell Angela Hale Kent A.McDowell,Mayor TOTAL VOTES 8 APPROVED: I , Date: /-C,�-U/2024 Kent A. NrcDowell,Mayor,City of Canton ATTEST: f — , Date:_4/,2,0 /2024 di Walters-Smith, City Clerk, City of Canton ATTACHMENTS: EXHIBIT A. REDEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF CANTON AND KLINEDINST CHIROPRACTIC,LLC(106 Martin Ave.Roof Replacement Project). iu EXHIBIT A CANTON TAX INCREMENT FINANCING (TIF) DISTRICT 3 REDEVELOPMENT AGREEMENT by and between THE CITY OF CANTON and KLINEDINST CHIROPRACTIC, LLC and DR. RANDY L. KLINEDINST,DC (106 Martin Ave. Roof Replacement Project) iv i CANTON TAX INCREMENT FINANCING (TIF) DISTRICT 3 REDEVELOPMENT AGREEMENT by and between CITY OF CANTON, FULTON COUNTY, ILLINOIS and KLINEDINST CHIROPRACTIC, LLC and DR. RANDY L. KLINEDINST, DC (106 Martin Ave. Roof Replacement Project) JUNE 18, 2024 CANTON TAX INCREMENT FINANCING (TIF) DISTRICT 3 REDEVELOPMENT AGREEMENT by and between CITY OF CANTON and KLINEDINST CHIROPRACTIC, LLC (106 Martin Ave. Roof Replacement Project) THIS TIF REDEVELOPMENT AGREEMENT (including Exhibits) is entered into this 18`h day of June,2024,by the City of Canton (the "City"),an Illinois Municipal Corporation, Fulton County, Illinois, and Klinedinst Chiropractic, LLC, an Illinois Limited Liability Company and Dr. Randy L. Minedinst, DC,individually (collectively the"Developer"). 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 prevent the spread of blight and deterioration and inadequate public facilities by promoting the development of private property thereby increasing the tax base of the City and providing employment for its citizens; 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 "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 April 15, 2017, 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 Act, approved a Redevelopment Plan and designated a Redevelopment Area known as the Canton Tax Increment Financing District 3 (the "TIF District"); and WHEREAS,on August 20,2019,the City approved the First Amendment to the TIF District Redevelopment Plan,Projects,and Area; and WHEREAS,a property owned by the Developer is located at 106 Martin Avenue, Canton, Illinois, PIN 09-08-27-417-003 (hereinafter referred to as the "Property") and is within the TIF District Redevelopment Project Area, as amended; and WHEREAS, the Developer is proceeding with plans to replace the roof on the building that is located on the Property, requiring a total estimated investment of$18,000 (the "Project"), and the Developer is doing so based upon incentives made available by the City;and 2 WHEREAS, it is the intent of the City to encourage economic development which will increase the real estate tax base of the City,which increased incremental taxes will be used,in part, to finance incentives to assist development within the TIF District;and WHEREAS, the Developer's proposed Project is consistent with the TIF District Redevelopment Plan and Projects for the Redevelopment Project Area and shall further conform to the land uses of the City as adopted;and WHEREAS,pursuant to Section 5/11-74.4-4(b) of the Act,the City may make and enter into all contracts with property owners, developers, .tenants, overlapping .taxing bodies, and others necessary or incidental to the implementation and furtherance of the Redevelopment Plan;and WHEREAS, pursuant to Section 5/11-74.4-40) of the Act, the City may incur project redevelopment costs and reimburse developers who incur redevelopment project costs authorized by a redevelopment agreement and further defined in Section 5/11-74.4-3(q) of the Act,including those Estimated TIF Eligible Project Costs as herein listed in the attached Exhihit "1" of this Redevelopment Agreement;and WHEREAS, the Developer requested that incentives for the development be provided by the City from incremental increases in real estate taxes of the City generated from its Project and the City agreed to such incentives; and WHEREAS,the City has determined that this Project requires the incentives requested as set forth herein and that said Project will,as a part of the Plan,promote the health, safety and welfare of the City and its citizens by attracting private investment to prevent blight and deterioration and to generally enhance the economy of the City;and WHEREAS, the City has reviewed the conditions of the Property and has reason to believe that the costs of the necessary public and private improvements to be incurred by the Developer in furtherance of the Project are eligible project costs under the Act and are consistent with the Redevelopment Plan of the City;and WHEREAS, the Parties have agreed that upon the timely completion of the Project and verification of TIF eligible costs incurred by the Developer for the Project pursuant to Section "E" below,the City shall reimburse the Developer an amount not to exceed Twenty-Five Percent(25%) of total costs incurred for the Project, or Four Thousand Five Hundred and 00/100 Dollars ($4,500.00),whichever is less;and WHEREAS,in no event shall cumulative maximum reimbursements for the Developer's TIF Eligible Project Costs under this Agreement exceed of Four Thousand Five Hundred and 00/100 Dollars ($4,500.00); and WHEREAS, in consideration of the execution of this Agreement, the Developer is completing the Project as set forth in Exhibit "1",and WHEREAS, the City is entering into this Agreement having encouraged and induced the Developer to proceed with the Project located on said Property. 3 AGREEMENTS NOW,THEREFORE,the Parties,for good and valuable consideration,the receipt of which is acknowledged, 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. 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 shall remain in compliance with all municipal ordinances relating to property development,property condition, zoning, subdivision and building codes. Failure to cure the violation of any such ordinance within thirty (30) days upon being provided written notice of the same by the City shall be cause for the City to declare the Developer in Default and unilaterally terminate this Agreement, except where such failure is not reasonably susceptible to cure within such 30-day period,in which case the Developer shall have such additional time to cure as is reasonably necessary, provided that the Developer has commenced such cure within such 30-day period and continues to diligently prosecute the same to completion. 4. The Developer shall complete the Project within twelve (12) months from the date this Agreement is executed, subject to extension due to Force Majeure (defined below in Section "M'). The Project shall be deemed to be complete when the roof replacement has been completed pursuant to Exhibit "1". 5. All reimbursements of tax increment financing funds payable by the City for Developer's verified TIF eligible project costs shall be paid to Klinedinst Chiropractic, LLC, unless otherwise directed in writing by the Developer. 6. Each of the Parties represents that it has taken all actions necessary to authorize its representatives to execute this Agreement. B. ADOPTION OF TAX INCREMENT FINANCING The City has created a Tax Increment Financing District known as "Canton TIF District 3" which includes the Developer's Property. The City has approved certain Redevelopment Project Costs,including the types described in Exhibit"1"for the Developer's Project which shall be known as the "Minedinst Chiropractic, LLC Project." C. INCENTIVES In consideration for the Developer purchasing the Property and completing the Project as set forth herein, 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 TIF eligible costs incurred by the Developer for the Project pursuant to Section "E"below, the City shall reimburse the 4 Developer an amount (the "reimbursement amount") not to exceed Twenty-Five Percent (25%) of total costs incurred for the Project,or Four Thousand Five Hundred and 00/100 Dollars ($4,500.00),whichever is less. a. In the event the Developer sells or otherwise conveys all or a portion of the title to the Property to any other individual or entity other than the current occupant within five (5) years following the execution of this Redevelopment Agreement, the Developer shall repay a single lump-sum to the City equal to a proportionate amount of the reimbursement amount provided herein. Said proportionate amount of funds reimbursed shall be defined as being an amount calculated on a daily rate equivalent to the reimbursement amount remaining within the five (5) year period following the execution of this Redevelopment Agreement. For example,if the Redevelopment Agreement is fully executed on June 20,2024 and the Developer sells the Property 54-days later on August 13, 2024, the Developer would repay 97% of said reimbursement amount (i.e., 1,771 days remaining in the 5- year period _ 1,825 total days in the 5-year period), or $4,365 of the reimbursement amount back to the City. b. Reimbursement of real estate tax increment to the Developer by the City as described in this Section "C"shall be paid from the "Vinedinst Chiropractic, LLC Project Account"within the TIF District Special Tax Allocation Fund and conditioned upon the Developer providing information pursuant to Section "E" and Section "F" below. c. This Agreement may be amended at any time,if approved in writing by the Parties. D. LIMITATION OF INCENTIVES TO DEVELOPER 1. The Developer shall be reimbursed by the City for all Eligible Project Costs permitted by the Act(subject to a limitation of$4,500.00) from the real estate tax increment generated by this Project located on the Property and deposited into the Special Account,but only for the term of the Agreement and only from the Property included in this Project and currently owned by the Developer at that location. The parties may add additional phases and eligible project in excess of the amount authorized by this Agreement upon mutual agreement. 2. It is not contemplated not is the City obligated to use any of its proportionate share of the monies for any of the Developer's Eligible Project Costs but,rather,the City shall use its sums for any purpose under the Act as it may in its sole discretion determine. 3. The Developer agrees to substantially complete the project,subject to Force Majeure,as defined below. E. PAYMENT OF ELIGIBLE PROJECT COSTS 1. Payment to the Developer for TIF Eligible Project Costs asset forth by the Act,shall be made by a Requisition for Payment of Private Development Redevelopment Costs (Exhibit "2", "Requisition") submitted from time to time by the Developer to the City's TIF Administrator Jacob &Klein,Ltd.,with copy to The Economic Development Group,Ltd. (collectively, the 5 "Administrator"), and subject to the Administrator's approval of the costs and to the availability of funds in the Special Account. 2. All Requisitions must be accompanied by verified bills or statements of suppliers,contractors, or professionals together with mechanic's lien waivers (whether partial or full) from each of the parties entitled to a payment that is the subject of the Requisition as required by the City. 3. For the Developer to receive reimbursement of Eligible Project Costs as described in Section "C"for costs it has incurred in any year as set forth in Paragraphs "I"and 'T" above, the Developer must submit such proposed eligible costs to the City by March 1 of the following year. If there are no accumulated outstanding costs previously submitted and approved by the City and if the Developer does not submit such proposed eligible costs by this deadline, the Developer will forfeit reimbursement of such costs from the prior year's real estate tax increment to be paid in the current year.Any approved eligible costs submitted after this deadline will be eligible for reimbursement from the next year's real estate increment receipts. 4. Any real estate increment not required to be paid to the Developer under the terms of Paragraph "3"above shall be available to the City for any purpose set forth in the TIF Plan and allowed by the Act. 5. The Developer shall use such sums as reimbursement for Eligible Project Costs only to the extent permitted by law and the Act and may allocate such funds for any purpose for the terms of this Agreement or the term of the TIF District whichever is longer. 6. The Administrator shall approve or disapprove a Requisition by written receipt to the Developer within thirty (30) business days after receipt of the Requisition. Approval of the Requisition will not be unreasonably withheld. If a Requisition is disapproved by the Administrator,the reasons for disallowance will be set forth in writing and the Developer may resubmit the Requisition with such additional information as may be required and the same procedures set forth herein shall apply to such re-submittals. 7. All TIF Eligible Project Costs approved shall then be paid by the City from the Special Account to the Developer, or to others as directed by the Developer, pursuant to the Redevelopment Plan and as allowed by Illinois Law. The City shall pay such approved eligible Costs annually, provided the Developer has satisfied the terms of this Agreement and costs which exceed the amount available to pay the Developer shall carry forward, until paid, without further action of the Developer. Payment shall be made within forty-five (45) days after approval subject to the terms if this Agreement and after receipt of the increment generated by the Developer's Redevelopment Project from the County. 8. The Parties acknowledge that the determination of Eligible Project Costs, and, therefore, qualification for reimbursement hereunder are subject to changes or interpretation made by amendments to the Act, administrative rules or judicial interpretation during the term of this Agreement.The City has no obligation to the Developer to attempt to modify those decisions but will assist the Developer in every respect as to obtaining approval of Eligible Project Costs. 9. The Developer may submit for prior approval by the City as TIF Eligible Project Costs under the Act estimates of costs before they are incurred subject to later confirmation by actual bills. 6 F. ANNUAL VERIFICATION OF TAX INCREMENT AND JOBS CREATED 1. It shall be the sole responsibility of the Developer, or its designee, to annually provide to the City, as requested in writing,copies of all PAID real estate tax bills for the Property. 2. The annual reimbursement of real estate tax increment by the City to the Developer as set forth in Section "C"above shall be conditioned upon the Developer providing the City with the numbers of jobs added or maintained by the Project,if any,for a particular year if requested to do so by the City for that year. 3. The failure of Developer to provide any information required herein after written notice from the City, and the continued failure to provide such information within (30) days after such notice, shall be considered a 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 foregoing information. G. LIMITED OBLIGATION The City's obligation hereunder to pay the Developer for Eligible Project Costs is a limited obligation to be paid solely from the Special Account.-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 or require the City to utilize its taxing authority to fulfill the terms of this Agreement. I. CITY PUBLIC PROJECTS The City intends to use part or all of its share of the Project's real estate increment for other public projects within the TIF District or within contiguous TIF Districts as allowed by law.The City shall be eligible for reimbursement of the cost of doing so,as well as other eligible costs incurred by the City in the TIF District. J. 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 direct payments to any other contractor, subcontractor, mechanic, or materialman providing services or materials to the Developer for the Developer's Project. K. COOPERATION OF THE PARTIES 1. The City and the Developer agree to cooperate fully with each other when requested to do so concerning the development of the Developer's Redevelopment Project. This includes without limitation the City assisting or sponsoring the Developer, or agreeing to jointly apply with the Developer,for any grant,award,subsidy or additional funding which may be available from other governmental sources as the result of the Developer's or City's activities. This also 7 includes without limitation the Developer assisting or sponsoring the City, or agreeing to jointly apply with the City,for any grant,award,or subsidy which may be available as the result of the City's or the Developer's activities. 2. The Parties agree to take such actions,including the execution and delivery of such documents, instruments, petitions, and certifications (and, in the City's case, the adoption of such ordinances and resolutions), as may be necessary or appropriate, from time to time, to carry out the terms, provisions, and intent of this Agreement and to aid and assist each other in carrying out said terms,provisions, and intent. 3. The Parties shall cooperate fully with each other in seeking from any or all appropriate governmental bodies all approvals (whether federal, state, county or local) required or useful for the construction or improvement of property and facilities in and on the Property or for the provision of services to the Property, including, without limitation, wetland mitigation, gas, telephone, and electric utility services, roads, highways, rights-of-way,water and sanitary sewage facilities, and storm water disposal facilities. L. DEFAULT; CURE; REMEDIES In the event of a default under this Redevelopment 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"), may have an action for damages, or,in the event damages would not fairly compensate the Non-defaulting Parties for the Defaulting Party's breach of this Redevelopment 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 real estate tax increment payable to the Developer 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 Redevelopment Agreement, it shall not be deemed to be in default under this Redevelopment 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 nonmonetary covenant as and when it is required to under this Redevelopment 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 nonmonetary 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. M. TIME;FORCE MAJEURE For this Agreement, time is of the essence. The Developer agrees to complete the Project within twelve (12) months following the date of execution of this Agreement. Failure to do so shall be cause for the City to declare the Developer in default and unilaterally terminate this Agreement. 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 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,inability to procure materials,weather conditions wet soil conditions, failure or interruptions of power, restrictive governmental laws and regulations, condemnation, riots, 8 insurrections,war, fuel shortages,accidents, casualties,Acts of God,acts caused directly or indirectly by the City(or the City's agents,employees or invitees) when applicable to Developer or third parties, or any other cause beyond the reasonable control of Developer or the City. N. ASSIGNMENT The rights (including, but not limited to, the right to payments contemplated by Section "C"of this Agreement) and obligations (or either of them) of the Developer under this Agreement shall not be assignable. O. 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. P. 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. Q. 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 Klinedinst Chiropractic,LLC `/o City Clerk `/o Dr. Randy L.Klinedinst,DC,Manager 2 N.Main St. 106 Martin Ave. Canton,IL 61520 Canton,IL 61520 Ph: (309) 647-0020 Ph: (309) 647-8030 Fax: ((309) 647-2348 Email: klinedinstchirol2ractic@gmail.com WIMb Copy to City TIF Administrator. With copy to: Jacob &Klein,Ltd. and The Economic Development Group,Ltd. 1701 Clearwater Avenue Bloomington,Illinois 61704 Ph: (309) 664-7777 Fax: (309) 664-7878 9 R. SUCCESSORS IN INTEREST Subject to the provisions of Section `2V"above, this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. S. 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. T. 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. U. 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. V. TERM OF THE AGREEMENT Notwithstanding anything contained herein to the contrary, this Agreement shall expire on the date that is five (5) years from the date the Developer receives the reimbursement set forth in Section C herein. W. ILLINOIS PREVAILING WAGE ACT It is the understanding of the Parties that the position of the Illinois Department of Labor is that the Illinois Prevailing Wage Act does not apply to Real Estate Tax Increment Reimbursements received by private developers as reimbursement for private redevelopment project costs. This position of the Department of Labor is stated as an answer to a FAQ on its website at https://labor.ilhnois.gov/. 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 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. 10 X. 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. 11 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 KLINEDINST CHIROPRACTIC, LLC,an Municip Corporation Illinois Limited Liability Company � V BY: BY: L bayor Dr. Ran I L. Klinedinst,DC,Manager Date: Date: &—Iq—.Z q ATTESTED BY: DR. RANDY L. KLINEDINST,DC, individually J BY: BY: 44*0 1ty Clerk Dr.RancV L. Klinedinst,DC Date: /AhDate: Attachments: Exhibit 1. Summary of TIF Eligible Project Costs; and Exhibit 2. Request for Verification of TIF Eligible Project Costs by Klinedinst Chiropractic,LLC and Dr. Randy L. Klinedinst,DC 12 EXHIBIT 1 SUMMARY OF ESTIMATED TIF ELIGIBLE PROJECT COSTS Minedinst Chiropractic, LLC and Dr. Randy L. Minedinst, DC 106 Martin Ave. Roof Replacement Project Canton TIF District 3, Canton,Illinois Project Description: Roof replacement. 1'J•GINE13' 'IJ PINES' Property: 106 Martin Avenue, Canton, Illinois _ (PIN 09-08-27-417-003), and also further - - '\ described as `r SECT/LOT: 17 JONES THIRD ADDITION — —' - N 55 E 93.94. {i © i• is 00 O os os-z/7-an-ooF S i 1' Developer's Estimated TIF Eligible Project Costs: Exterior rehab/repair/replacement of building roof on Property .................................. 18 000 TOTAL ESTIMATED TIF ELIGIBLE PROJECT COSTS'.............................$18,000 'NOTE: The total,cumulative reimbursement of TIF real estate tax increment for TIF Eligible Project Costs payable by the City to the Developer shall not exceed 25%of total estimated TIF eligible project costs incurred by the Developer, or$4,500.00,whichever is less,as set forth in this Redevelopment Agreement. 13 Klinedinst Chiropractic LLC 106 Martin Ave Canton,IL 61520 kli nedinstchiropractic@gmn il.com P:309-647-8030 F:309-647-5902 May 28,2024 To Whom It May Concern, Our office is located at 106 Martin Avenue.This is a red brick building with a charcoal roof.We are located between Mid-America Bank and Graham Hospital.When it rains,which has been more often lately,we've been noticing leaks in several spots throughout the office. Holtitaus Companies Inc. Roofing Contractors Proposal TO: Klinedinst Chiropractic raout once t;ovpla-uln 5/I5!2024 106 Martin Ave. ion NAMEf LOCATION Canton,IL 61520 RLaCcovcring rcpinccment on Klinedinst Chiropractic located at 106 Marlin Aw.in Canton.U.. 1013 NU:.Inf•i; IOa I'NUf•!e: 11 J237} sans We hcrchy.tiamit s!xriliG�dm and utilmttcs fur ncrtcrlal and lahnr v fvilouw: •Remove and dispose of existing asphalt shingle roofing and accessories on structure. .Inspect existing wood roof sheathing for defects.(See Note#1) •install Ice and Water Shield along all eaves,in all valleys,around all roof penetrations,and along all wall lie-ins; and synthetic underlayment over remaining areas. .Install new aluminum drip edge on eaves and rake edges,Color: .Install new shingle starter strip along eaves and rake edges. .Install new Landmark Pro laminated asphalt shingle.Color: .Install a new CertainTeed Ridge Vent System on the ridge. •Install new lead stack nashings on existing plumbing vent stacks. •Install new aluminum base and counterflashing's at all siding tie-ins. •Install new aluminum base flashings and 24 Ga Kynar-coated Galvalume counterflashing's on existing masonry chimney. •Install new CertainTeed hip and ridge cap shingles.(Color to match new shingles) •Reinstall existing satellite dish?(HCI not responsible rar quality of satellite signal after reinstallation). Initials:Yes or No Note#1:Repair and/or replacement ot'deteriomted substrate materials are not included in this proposal. Note#2:Flolthaus Companies,Inc.warrants the above staled workmanship for u period of 10 years, Note#3:A 50-year manufacturer's warranty,including a 25-year SureStart Pius 4-Star Warranty,will be issued by CertainTeed Rooting,Inc.,upon completion of the roofing work. We appreciate the opportunity to make this presentation.Thank You!! We Propose 1—hy fu Furnish mme u'l and lahnr—r—pic.hr ac.o,&,aca,!h the aba e s cdhcmlms,rnr the.mn.,r Seventeen-thousand six-hundred ei htv-five dollars and.47/100 $17,685.4 1'aymen!Iu ae mnJc as fully.+s:Hfly pnccnl of—tract nmnunt imde p.'lynhle a!eo:nmec—p Wince with ih2 ru:tah!ing'xlanee due upon!—u laian orthe murk.rn the event the Cumm�er Poils m Wy ror!he let., materials,tnc�n Juo.Rm Cuaomcrh:dl pcy all colts anJ ezpcnsus afcollcccun incnrrrJ by the Company,indcding .vill!OYI linsi!al ton IY(':Jrinhl;tl!II111Y.ri fCec- Aa.ululcl:x.v.+nkNnlrcu•�:ifN.Alta-.n4u:be wun�ilnuti:,4rm:likc l:w:u�a:..Nlnlb•uilln,:l —� pn:c+._...m.:t'aanmri.rnrt.i fxnef..re,taw.r:u.:.:ret,iil!exlo roru rul l-•cr:.u<A ontY up,n..se ryell%rtvfd wba eEail!.:v.u•:,re awt}e..c-,Mrt•.Ar•ee+ir.'u;.all n,.,-nwnuev.+;rn.. e•k.a.m:Fi !�iEn'v ��n''- JeL,sSe+a:.Iex:...:wL lro>:n'i awa::yaw.Yar•.:urauo.c<J,:I,.rmaw:Yurnue nu..n4u:,rc rullY:u ^�' ! ,�{ - - nrvodlyHlnY,m'vC'.:.e..:amn,!camaau.All lJ,c:e„•;va vilh:n.N:lay..lrnyi of ti.o+,u Cmn!c+::: Y ai�W,$1 ortt uab:a.ak,a:tn)a Y),vW;a+r raa!:w:•auNy laerYrr_ X<+e':hisP al nmv Mu•,61riann ucif ndc .cf ullhin 30 d,.c Acceptance of Proposal -the hnrepde�..p:ia�lhr,;nndcnndi!;nns ore smbdacl—and arc hemby acwp!esL You a,z amhurizd fo Ju nt:wn{as 5pwified, Signatucc paymrnl v611 Ix made is onninrd abors:. Dale Ura1CCOpIa11Ci: 875 Cast Linn St.Canton,IL 61520 k'' i�- DUROrLAST Ph:(309)647-9209 Fax(309)647-9277 rw,di S1 �' BBB aww.holthausroofiug.com E--�=��" _r IL Roofuty,License A 104.007U39 slob` 14 EXHIBIT 2 PRIVATE PROJECT REQUEST FOR VERIFICATION OF TIF ELIGIBLE PROJECT COSTS BY KLINEDINST CHIROPRACTIC, LLC AND DR. RANDY L. KLINEDINST, DC Date submitted: Attention: City of Canton, IL TIF District Administrator Re: TIF Redevelopment Agreement dated June 18,2024, by and between the City of Canton and Klinedinst Chiropractic,LLC and Dr. Randy L. Klinedinst,DC. The City of Canton is hereby requested to disburse funds from the Special Tax Allocation Fund pursuant to the above referenced Redevelopment Agreement in the following amount(s) to the Developer and for the purpose(s) set forth in this Request for Verification of the Developer's TIF Costs. The terms used herein shall have the same meanings as those terms in the Redevelopment Agreement. 1. Request No. 2. Reimbursement payable to: Klinedinst Chiropractic;LLC 3. Amounts requested to be reimbursed (attach additional pages, if necessary: Description of Develo ees TIF 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 "1"of the Redevelopment Agreement. 15 5. The undersigned hereby certifies and swears under oath that the following statements are true and correct: a. 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 City Codes; and b. 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 Developer's TIF Costs; and c. the expenditures for which amounts are requested represent proper redevelopment project costs as identified in the `Elmitation of Incentives to Developer" described in Section "D" 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 has been provided;and d. 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 e. 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. f. Any violation of this oath shall constitute a default of the Redevelopment Agreement and shall be cause for the City to unilaterally terminate the Redevelopment Agreement. 6. Attached hereto is a copy of Exhibit "1"of the Redevelopment Agreement, together with copies of invoices and proof of payment of such invoices,including cancelled checks and/or any lien waivers (to the extent applicable) relating to all items for which reimbursement is being requested. BY: (Developer) Title: ❑REVIEWED BY CANTON TIF DISTRICT ADMINISTRATOR BY: Title: Date: ❑ APPROVED BY CITY OF CANTON,ILLINOIS BY: Title: Date: 16