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Home My WebLink AboutOrdinance #4412 - Redevlopment Agreement between The City of Canton and Walter's Flowers & Greenhouse, Robert Simmons and Michelle Simmons (720 E. Elm St) 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 16'm DAY OF JULY, 2024 ADOPTED ORDINANCE NO. 4412, A TRUE AND CORRECT COPY OF WHICH IS CONTAINED IN THIS PAMPHLET. GIVEN UNDER MY HAND AND SEAL.THIS 16"H DAY OF JULY,2024. (SEAL) NDRF_,A I.SMITH-WALTERS ITY CLERK CITY OF CANTON, ILLINOIS ORDINANCE NO. 4 412 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO THE REDEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF CANTON,FULTON COUNTY,ILLINOIS AND WALTER'S FLOWERS&GREENHOUSE,LLC AND ROBERT SIMMONS AND MICHELLE SIMMONS (720 E. ELM ST.) PASSED BY THE CITY COUNCIL OF THE CITY OF CANTON,FULTON COUNTY,ILLINOIS, ON THE 16rx DAY OF JULY, 2024. PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE CITY COUNCIL OF THE CITY OF CANTON,FULTON COUNTY, ILLINOIS, THIS 16"H DAY OF JULY, 2024. EFFECTIVE:JULY 16, 2024 2 ORDINANCE NO. 4412 CITY OF CANTON, ILLINOIS AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO THE BUSINESS DEVELOPMENT DISTRICT NO. 1 REDEVELOPMENT AGREEMENT by and between THE CITY OF CANTON and WALTER'S FLOWERS&GREENHOUSE,LLC AND ROBERT SIMMONS AND MICHELLE SIMMONS (720 E. ELM ST.) WHEREAS, the Mayor and City Council of the City of Canton, Fulton County, Illinois (the "City"),have hereby determined that the First Amendment to the Business Development District No. 1 Redevelopment Agreement by and between the City of Canton and Walter's Flowers & Greenhouse, LLC and Robert Simmons and Michelle Simmons (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 First Amendment to the 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 First Amendment to the Business District 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 Business District Redevelopment Agreement shall be effective the date of its approval on the 16`' day of July, 2024. 4. This Ordinance shall be in full force and effect from and after its passage and approval as required by law. 3 PASSED APPROVED AND ADOPTED by the Mayor and City Council of the City of Canton this 16' day of July,2024. MAYOR&ALDERMEN AYE VOTE NAY VOTE ABSTAIN/ABSENT Angie Lingenfelter Andra Chamberlain Patrick Ketcham Ralph Grimm Greg Gossett Justin Nelson John Lovell Angela Hale Kent A.McDowell,Mayor TOTAL VOTES 7 APPROVED: k�L� Date / /2024 M yor, City of Canton ATTEST: — , Date: / /2024 ity Clerk,tity of Canton ATTACHMENTS: 1. EXHIBIT A. First Amendment to the Business Development District No. 1 Redevelopment Agreement by and between the City of Canton and Walter's Flowers&Greenhouse,LLC and Robert Simmons and Michelle Simmons. 4 EXHIBIT A CITY OF CANTON, ILLINOIS FIRST AMENDMENT TO THE BUSINESS DEVELOPMENT DISTRICT NO. 1 REDEVELOPMENT AGREEMENT by and between CITY OF CANTON, ILLINOIS and WALTER'S FLOWERS & GREENHOUSE, LLC AND ROBERT SIMMONS AND MICHELLE SIMMONS (720 E. ELM ST.) JULY 16, 2024 5 CITY OF CANTON, ILLINOIS FIRST AMENDMENT TO THE BUSINESS DEVELOPMENT DISTRICT NO. 1 REDEVELOPMENT AGREEMENT by and between CITY OF CANTON, ILLINOIS and WALTER'S FLOWERS& GREENHOUSE, LLC AND ROBERT SIMMONS AND MICHELLE SIMMONS (720 E. ELM ST.) THIS FIRST AMENDMENT (including Exhibits, hereinafter referred to as the "First Amendment")is entered into this 16`h day of July,2024,by the City of Canton(the"City"),an Illinois Municipal Corporation, Fulton County, Illinois, and Walter's Flowers & Greenhouse, LLC, an Illinois Limited Liability Company,and Robert Simmons and Michelle Simmons,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, on April 4,2023, the Parties entered into a Business Development District No. 1 Redevelopment Agreement (the "Original Agreement") for a redevelopment project located at 720 E. Elm St., Canton, Illinois (PIN 09-08-26-334-008, the "Property");and WHEREAS, based in part on incentives made available by the City, the Developer has proceeded with plans to undertake extensive exterior and interior improvements to the existing structures located on the Property at an estimated cost exceeding$50,000 (the"Project"); 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's proposed Project is consistent with the land uses of the City and the Business District Plan as adopted; and 6 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, the Parties have agreed to amend the Original Agreement as set forth below. FIRST AMENDMENT A. AMENDED "A. PRELIMINARY STATEMENTS" Section A(3)in the Original Agreement shall be deleted in its entirety and replaced with the following: 3. The Developer agrees to complete the Project and verify eligible project costs as required in Section "E"below on or before September 30,2024, subject to exception of Force Majeure as described in Section "I"below. B. AMENDED "E. PAYMENT OF ELIGIBLE PROJECT COSTS" Section E(1)and E(2)in the Original Agreement shall be deleted in its entirety and replaced with the following: 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 September 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 September 30,2024,will not be eligible for reimbursement. C. AMENDED "I. TIME;FORCE MAJEURE" Section I in the Original Agreement shall be deleted in its entirety and replaced with the following: For this Agreement,time is of the essence. The Developer agrees to complete the Project on or before September 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, 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. 7 D. AMENDED "R. TERM OF THE AGREEMENT" Section R in the Original Agreement shall be deleted in its entirety and replaced with the following: Notwithstanding anything in this Agreement to the contrary, this Agreement shall expire on September 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. E. PRIOR AGREEMENT TERMS APPLY All terms of the Original Agreement shall apply to this First Amendment and remain effective unless specifically modified by this First Amendment to the Redevelopment Agreement. 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 First Amendment to the Business Development District Redevelopment 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 WALTER'S FLOWERS& Illinois Municipal Corporation GREENHOUSE, LLC, an Illinois Limited Liability Company . BY. M yor BY: eY- O� �� Michelle Simmons, Owner Date: O Date: ATTESTED BY: MICHELLE SIMMONS,individually ty Clerk BY:—bA" `lv i_Y U Michelle Simmons Date: 0 ��Z Date: "�`"L�• ROBERT SIMMONS,i ually BY: Robert Simmons Date: ' 2 8