HomeMy WebLinkAboutOrdinance #4434 - redevelopment agreement with the city of canton and world hunting group enterprises / Timothy & Kerrie Wells 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 19T'-' DAY OF NOVEMBER, 2024, ADOPTED ORDINANCE NO. 4434, A TRUE
AND CORRECT COPY OF WHICH IS CONTAINED IN THIS PAMPHLET.
GIVEN UNDER MY HAND AND SEAL THIS 19T'-I DAY OF NOVEMBER,2024.
(SEAL)
NDI SMITH-WALTERS
ITY CLERK
CITY OF CANTON, ILLINOIS
ORDINANCE NO. 4 4 3 4
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A
CANTON 1- DOWNTOWN / 5TH AVENUE TIF DISTRICT
REDEVELOPMENT AGREEMENT
by and between
THE CITY OF CANTON, FULTON COUNTY,ILLINOIS
and
WORLD HUNTING GROUP ENTERPRISES,INC.
and
TIMOTHY M.WELLS
and
KERRIE WELLS
PASSED BY THE CITY COUNCIL
OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS,
ON THE 19TH DAY OF NOVEMBER, 2024.
PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE CITY
COUNCIL OF THE CITY OF CANTON,FULTON COUNTY,ILLINOIS,
THIS 19"- DAY OF NOVEMBER,2024.
EFFECTIVE: NOVEMBER 19, 2024
CITY OF CANTON, ILLINOIS: ORDINANCE NO. 4434
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A
CANTON 1- DOWNTOWN / 5TH AVENUE TIF DISTRICT
REDEVELOPMENT AGREEMENT
by and between
THE CITY OF CANTON
and
WORLD HUNTING GROUP ENTERPRISES,INC.
and
TIMOTHY M.WELLS
and
KERRIE WELLS
(60 & 64 E. Elm St. Project)
BE IT ORDAINED BY THE CITY OF CANTON, FULTON COUNTY, ILLINOIS
THAT:
1. The Redevelopment Agreement with World Hunting Group Enterprises, Inc.,Timothy M.
Wells, and Kerrie Wells 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 19' day
of November, 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 19`h day of November, 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 X
Patrick Ketcham X
Ralph Grimm
Greg Gossett
Justin Nelson X
John Lovell X
Angela Hale X
Kent A.McDowell,Mayor X
TOTAL VOTES 9
APPROVED: 1 Date: / /2024
Kent A. McDowell, or, City of Canton
ATTEST: i Date:///-Zy-/2024
�ndi Walters-Smith, City Clerk, City of Canton
ATTACHMENTS:
EXHIBIT A. REDEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF CANTON AND
WORLD HUNTING GROUP ENTERPRISES,INC.,TIMOTHY M.WELLS AND KERRIE WELLS(60&64 E.
Elm St.Project).
m
EXHIBIT A
CANTON 1-DOWNTOWN / 5TH AVENUE TIF DISTRICT
REDEVELOPMENT AGREEMENT
by and between
THE CITY OF CANTON
and
WORLD HUNTING GROUP ENTERPRISES, INC. i
and
TIMOTHY M.WELLS
and
KERRIE WELLS
(60& 64 E. Elm St. Project)
iv
CANTON 1 - DOWNTOWN / 5TH AVENUE TIF DISTRICT
REDEVELOPMENT AGREEMENT
by and between
CITY OF CANTON, FULTON COUNTY, ILLINOIS I�
I
and
WORLD HUNTING GROUP ENTERPRISES, INC.
and
TIMOTHY M. WELLS
and
KERRIE WELLS
(60& 64 E. Elm St. Project)
NOVEMBER 19, 2024
� I
CANTON 1-DOWNTOWN / 5TH AVENUE TIF DISTRICT
REDEVELOPMENT AGREEMENT
by and between
CITY OF CANTON
and
WORLD HUNTING GROUP ENTERPRISES, INC.
and
TIMOTHY M.WELLS
and
KERRIE WELLS
(60& 64 E. Elm St. Project)
THIS TIF REDEVELOPMENT AGREEMENT (including Exhibits) is entered into this
19t' day of November, 2024, by the City of Canton (the "City"), an Illinois Municipal Corporation,
Fulton County, Illinois, and World Hunting Group Enterprises, Inc., an Illinois Corporation and
Timothy M. Wells and Kerrie Wells, individually (collectively the "Developer"). Hereinafter the
City and the Developer, for convenience,may collectively be referred to as the"Parties."
PREAMBLE
i
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 July 6,2004,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 International Harvester Site Project Area TIF District
(currently known as the "Canton 1 - Downtown / 5th Avenue TIF District" and hereinafter
referred to as "Canton TIF District 1" or the"TIF District");and
WHEREAS, on November 22, 2011, the City approved the First Amendment to the TIF
District Redevelopment Plan,Projects,and Area; and
WHEREAS, on February 6, 2012, the City approved the Second Amendment to the TIF
District Redevelopment Plan,Projects,and Area; and
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WHEREAS, on April 5,2017, the City approved the Third Amendment to the TIF District
Redevelopment Plan,Projects,and Area; and
WHEREAS, a property owned by the Developer is located at 60 &64 E. Elm St., Canton,
Illinois, PIN 09-08-27-416-003 and PIN 09-08-27-416-014 (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 exterior and interior rehab,
renovations and repairs to the building located on the Property for continued operation of a
warehouse and distribution center for World Hunting Group Enterprises, Inc., requiring a total
estimated investment of$88,439(the"Project"),and the Developer is doing so based upon incentives
made available by the City; and
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 Exhibit "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%)
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of total costs incurred for the Project, or Twenty-Two Thousand Five Hundred and 00/100
Dollars ($22,500.00),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 Twenty-Two Thousand Five Hundred and
00/100 Dollars ($22,500.00);and
WHEREAS, in consideration of the execution of this Agreement, the Developer is
completing the Project as set forth in Exhibit "I",and
WHEREAS, the City is entering into this Agreement having encouraged and induced the
Developer to proceed with the Project located on said Property. j
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 by April 30,2025, subject to extension due to Force
Majeure(defined below in Section "M). The Project shall be deemed to be complete when
the exterior and interior rehab,renovations and repairs to the building located on the Property
for continued operation of a warehouse and distribution center for World Hunting Group
Enterprises,Inc. have 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 World Hunting Group Enterprises, Inc.,
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.
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B. ADOPTION OF TAX INCREMENT FINANCING
The City has created a Tax Increment Financing District known as "Canton TIF District 1"
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 "World Hunting Group Enterprises, Inc. 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
Developer an amount (the "reimbursement amount") not to exceed Twenty-Five Percent
(25%) of total costs incurred for the Project, or Twenty-Two Thousand Five Hundred
and 00/100 Dollars ($22,500.00),whichever is less.
a. In the event the Developer sells or otherwise conveys all or a portion of the Property
to any other individual or entity 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 November 19,
2024 and the Developer sells the Property 55-days later on January 13, 2025, the
Developer would repay 97%of said reimbursement amount(i.e.,1,770 days remaining
in the 5-year period - 1,825 total days in the 5-year period), or $21,825 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 "World Hunting Group Enterprises,
Inc. 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$22,500.00) 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
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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 nor 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 ForceMajeure,as defined
below.
E. PAYMENT OF ELIGIBLE PROJECT COSTS
1. To receive the incentives set forth in Section "C" above, the Developer must submit j
documentation using the Request for Verification of Eligible Project Costs form attached hereto as
Exhibit "2"to provide evidence of all TIF District Eligible Project Costs incurred by it with
respect to the Project on or before April 30, 2025. 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. Absent
the City's written consent for an extension provided to the Developer, any costs submitted
after April 30,2025 will not be eligible for reimbursement.
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 "1"and "2"
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
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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.
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
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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
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
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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 by
April 30, 2025. 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,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.
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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 World Hunting Group Enterprises, Inc.
`/o City Clerk `/o Timothy M.Wells,President
2 N. Main St. 15710 E. State Hwy 9
Canton,IL 61520 Canton, IL 61520
Ph: (309) 647-0020 Ph: (309) 338-2445
Fax: ((309) 647-2348
With Copy to City TIFAdministrator. 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
R. SUCCESSORS IN INTEREST
Subject to the provisions of Section "IV"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.
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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://Iabor.illinois.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 seg.),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.
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 WORLD HUNTING GROUP
Municipal Corporation ENTERPRISES, INC., an llinois
Corporation
BY: B r�
Ma or Tim thy M. ell ,President
Date: ZD ` Date: 1-7-2 7
ATTEST BY: TIMOTHY M LS,indivi lly
BY:
BY. Timot6y M.W ns
ity Clerk
/ d�C/� Date: f
Date:
KERRI WELLS,i dually
BY:
ern Wells
Date: 7��
Attachments:
Exhibit 1. Summary of TIF Eligible Project Costs.
Exhibit 2. Request for Verification of Eligible Project Costs.
12
EXHIBIT 1
SUMMARY OF ESTIMATED TIF ELIGIBLE PROJECT COSTS
World Hunting Group Enterprises, Inc. and Timothy M.Wells
60 &64 E. Elm St.Project
Canton TIF District 1, Canton,Illinois
Project Description: exterior and interior rehab,renovations and repairs to the building located on
the Property for continued operation of a warehouse and distribution center for World Hunting
Group Enterprises, Inc.
Property: 60 &64 E. Elm St., Canton, Illinois
PIN 09-08-27-416-003, and also further described as SECT/LOT: 39 JONES SECOND
.ADDITION W20 E100.9 N77.9 LT.
PIN 09-08-27-416-014,and also further described as SECT/LOT:39 JONES 2ND ADDITION PT
LT.
3-
t
Developer's Estimated TIF Eligible Project Costs:
Interior and exterior rehab,renovations, and repairs of building on Property ..............$88,439
TOTAL ESTIMATED TIF ELIGIBLE PROJECT COSTS'.............................$88,439
'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$22,500.00,whichever is less,as set forth in this Redevelopment Agreement.
13
***NOTE: Developer submitted request for assistance as a Business Development District Project.
The Property is also located within Canton TIF District 1, and the City is choosing to use TIF funds
in lieu of BDD funds as the funding source for this redevelopment agreement.
City of Canton,Illinois
Canton Business Development District(BDD)No.1 vi5l=2)
City of Canton,Illinois/2 N.Main St.,Canton,II.61520 Ph:(309)647-0065
APPLICATION FOR REIMBURSEMENT OF
PRIVATE BDD ELIGIBLE REDEVELOPMENT PROJECT COSTS
Applicant Name:Tim and Kerrie Wells
Applicant Mailing Address: 15710 E State Hwy 9,Canton, IL 61520
Applicant Daytime Phone:309-338-2445 Applicant Email Address:Wellsdeslgnsl a@aol.eom
Subject Property's Site Address:60 and 64 E Elm Street
Subject Property's Fulton County Property Tax 1D#09-08-27-416-003;09-08-27-416-014
Property Owner Name(s)if different than Applicant:N/A
Type of Property(check all that app!y): Commercial/Retail; ❑Professional Office; ❑ Industrial; ❑ Residential
Anticipated Project Start Date:ASAP and Estimated Project Completion Date:April,2025
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:$88,438.50 of which$ is land/building improvements.
Estimated BDD Eligible Project Costs(attach detailed list and dercriplion,as well as bids for contracted work):
1. Professional fees(e.g.,engineering,architectural,legal,accounting,plans,marketing).....S NIA
2. Acquisition cost of land and buildings purchased after 3/15/2022......................................$N/A
3. Site preparation(e.g.,demolition,excavation,leveling/grading of land)..............................$N/A
4, E\terior rehab,repair,remodeling,reconstruction of existing buildings.............................$
5. Interior rehab,repair,remodeling,reconstruction ofvacant,underutilized space............$
6. Construction of new building..............................................:.......................................................SN/A
7. Construction or repair of private parking lot and/or driveway..............................................$N/A
8. Construction or repair of public infrastructure.........................................................................yN/A
TOTAL ESTIMATED BDD ELIGIBLE PROJECT COSTS:................ 88,438.50
FOR CITY USE:
Signed application received by the City of Canton on dare:_/_/ by
City Finance Committee Recommendation: ❑Approved for Amount•.S on date:
Notes/instructions: (atraeb neon•detail at needed)
❑ Denied for reason: (attacli more detail at meded)
BDD Application forwarded to GE's BDD Administrator on date.
Date of Approved Redevelopment Agreement:_/_/ Verified BDD Eligible Project Costs: S
Amount reimbursed by Ciry to Applicant:3 by Check No. on date_/_/
-1-
14
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 type of redevelopment that is consistent with the Canton Business Development District No.
1 RedeveIopment Platy and Projects. The Canton City Council shall exercise its authority pursuant to time
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 Prevailing 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 httnsa/�mm�e2.illinois.�ov/idol/FAOa/Pates prcvailim•-
t^aeo-faq.aspx#4st16. 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. Vothing contained in this BDD Application shall be construed by the
City or the ApplicagI
t�d person to create the relationship of a partnership,agency,or joint venture
between the City,an c
Applicant Signature: VXA/� Date: /
1
❑ Applicaitgis the Own o Subject Property
❑Applicant is Tenant of Subject Property for which Appendix.-1 has been completed and attached hereto.
=3-
15
World Hunting Group currently operates a warehouse and distribution center from 60 and 64
East Elm Street.We sell to Bass Pro and Amazon and will be adding Walmart soon.We have
recently become a UPS drop off and pick up site and will add FedEx in the near future.It is a
requirement that they be located in separate buildings.We will be gutting both properties with
the intention of a complete remodel of both spaces inside and out.
Interior construction will include,new flooring,ceiling,lighting,heating,drywall and paint.We
will also add an ADA compliant restroom.Exterior work will include new double doors,awning,
windows,tuck pointing,and removal of tin.Our intention is to return the fagade to a more
historically accurate charm.When the project is complete,we hope to have a retail space open
to the public.This may require us to hire one to two additional staff members.
Thank you for considering our application.
Tim and Kerrie Wells
16
- PROPDSAL'N0.
SHEET NO.
DATL—
PROPOSAL.SUBM TEDTO: WORK TO BE PERFORMED AP. GT, 02 oZ
NAME. - ADDRESS
c� Sr
ADDRESS,
E — Ga o T
/ DATE OF PLANS
PHONE NO. ARCHRECT
We hereby propose to furnish the materials and perform the labor necessary for the completion of reYU6 `G1t7
ve S. as v
ebo LO fado")-s U c
�,ur ce r sh I r
L s >° r cry C9 .. foci eYr. WITT 61 s
a I wfletjq enfoce- r G0 c1�v�o S o L a uv(s t%)t
P tcY a Cei 'f S ciS Eeote o rst- Ule a -
ce% r se v l co w s u s r r tt t a
a AJ tree 0,1 N_52g��ntew� — r
o c LUl ¢ i GGe Stb Pj d co
All material is guaranteed to be as specified,and the above work to he performed in accordance with;IhA drawings and specifications submitted for above work and
completed in a substantial workmanlike manner for the sum of Se i
Dollars(S 77p, with p yments to be made as follows.
Any alteration or deviation from above specifications involving extra costs
will be executed only upon written order,and vnll became an alma charge Respectfully
aver and above the estimate.All agreements contingent upon str5ms, submitted -
accidents,or delays beyoM our control.
Per Q uc
Note—thisproposal may he withdrawn by us not accepted within days.
ACCEPTANCE OF PROPOSAL
The above prices,specifications,and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified.Payments will be made as
outlined above.
Signature
Date Signature
,edonsr Dei Is 3-72
17
i
i�dI 8 Britilartan ��
' �IWmdawCa.
7715N.'CRESTLINE DRIVE `•"•
PEQRIA,IL 61615-1906 G��
CRAWFORD
3as�"ssialzl &BRINICMtIN • �'
www.crawrordandbrinkman.com
ADDRESS SHIP TO Estimate 2605
WORLD HUNTING GROUP WORLD HUNTING GROUP
64 E.ELM ST. 64 E.ELM ST.
CANTON,IL 61520 CANTON,IL 61520 0.'
SALES REP
JS
ACTIVITY
QTY AMOUNT
HIM INSTALLED 1 4,938.50T
ALUMINUM STOREFORNT DOOR
MANUFACATURER-YKK ALUMINUM PRODUCTS ..
COLOR-BLACK ANODIZED r w
1-6'0'X7'0"PAIR NARROW STILE ALUMINUM DOORS,10"BOTTOM RAIL,MS HOOKBOLT LOCK(ACTIVE
DOOR).FLUSHBOLTS TOP AND BOTTOM(INACTIVE DOOR),STOPS FOR 1"INSULATED GLASS,1 112"
PAIR BUTT HINGES
1-B'D"X7'0" 13/4"FACE X 4112"JAMB DEPTH ALUMINUM FRAME
1-YALE 1100 DOOR CLOSER-BLACK
2.1"INSULATED TEMPERED GLASS UNITS WJ BRONZE TINT
LABOR TO INSTALL NEW DOUBLE DOORS INTO OPENING PREPARED BY OTHERS
ROUGH OPENING-76"X 86" '
TAX,LABOR,AND MATERIALS INCLUDED IN TOTAL
We Accep:the Above Proposal SUBTOTAL 4,938.50
Acceptance of this order shall constitute a conditional sales contract.We are to
retain fide and possession of all material and equipment furnished by us under TAX 0.00
terms of this contract,under final payment.The right is specifically reserved by
the seller and granted by the purchaser to remove from the premises materials
not completely paid for in 45 days after Installation wjthout recourse for damage
to the building or any of its parts.Sign and return
18
JOTAL $4,938.50
Accepted By - Accepted Date
I
q
19
`
20
PRIVATE REDEVELOPMENT PROJECT
REQUEST FOR VERIFICATION OF ELIGIBLE PROJECT COSTS
Requisition No.
Developer/Requestor name: Date submitted: / /20
Developer/Requestor current mailing address:
Developer daytime phone: Email address:
This request for verification of eligible project costs relate to a written Redevelopment Agreement approved on / /20
by and between and
(Municipality) (Developer)
Project Name and Site Address:
Property PIN(s)as found on most recent real estate tax bill:
❑ Applicable Tax Increment Financing(TIF)District Name:
❑ Applicable Business Development District(BDD)Name:
This form is a request by the Developer to the Municipality for verification of eligible project costs which may be relied upon by the
Municipality in advance of future disbursements of funds, if any are payable, from the Special Tax Allocation Fund(s) pursuant to the
above referenced Redevelopment Agreement and applicable laws and statutes.The terms used herein shall have the same meanings
as those terms in the Redevelopment Agreement.
List of Project Costs Incurred Pursuant to the Redevelopment Agreement and Paid by the Developer for which Verification of
Eligibility is Hereby Requested:
Proof of
Invoice(s) Payment
Description Amount Paid Attached Attached'
$ ❑ ❑
$ ❑ ❑
$ ❑ ❑
$ ❑ ❑
$ ❑ ❑
$ ❑ ❑
$ ❑ ❑
Total Amount Requested for Verification of Eligible Costs: $
1 Proof of payment may include: bills,statements,invoices and/or waivers of lien marked as paid,signed,and dated by suppliers,contractors,or
professionals;processed/cancelled check or bank draft payments(i.e.,photocopies of both sides of check);or other proofs payment for costs as
may be requested by the Municipality. This information is to be attached to this form and available for review when submitted.
Page 1 of 2
The undersigned hereby certifies and swears under oath that the following statements are true and correct:
1. the items herein provided as the "List of Project Costs Incurred Pursuant to the Redevelopment Agreement and Paid by the
Developerfor which Verification of Eligibility is Hereby Requested'were incurred and/or financed by the Developer as deemed
necessary and in furtherance of the Project, and such materials and or services for which said costs were incurred have been
applied to the Project in accordance with applicable City Codes and requirements of the Redevelopment Agreement, including
Exhibits and amendments,if any,attached thereto;and
2. the Project Costs for which amounts are herein requested for verification of eligibility represent proper redevelopment project
costs as identified in the"Limitation of Incentives to Developer"described in the Redevelopment Agreement,are not duplicated
from any previous Request for Verification of Eligible Project Costs,have been properly recorded on the Developers books,are
set forth herein with invoices and proof of payment attached for all sums for which reimbursement is requested;and
3. the amounts requested and set forth herein are not greater than those necessary to meet obligations due and payable or to
reimburse the Developer for its funds actually paid or advanced for such redevelopment project costs;and
4. the Developer is not in default per the terms of the Redevelopment Agreement,and nothing has occurred to the knowledge of
the Developer that would prevent the performance or fulfillment of its obligations under the Redevelopment Agreement.
The undersigned hereby certifies and warrants he/she is of legal age and that to the best of his/her knowledge the information contained in and
attached to this Request for Verification of Eligible Project Costs is true,correct,and complete and furthermore agrees to the statements and
representations provided herein. 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.
BY: DATE: /....J20_
Developer/Requestor Signature
Print Developer/Requestor Name:
STATE OF ILLINOIS )
)SS
COUNTY OF )
I,the undersigned Notary Public,do hereby affirm that personally appeared before me on the day of 20 ,
and signed the above statement as a free and voluntary act and deed.
Notary Public
Date of Commission Expiry: / /20
THIS SECTION FOR MUNICIPAL USE
❑ Request reviewed by TIF/BDD Administrator for the Municipality: _Date: /_____j20_
(name and title)
❑ Request approved by authorized municipal official: Date: / j20
(name and title)
❑ Project reviewed/inspected by authorized municipal official: Date: / /20
(name and title)
❑ Project completed pursuant to Municipal Code Requirements.
❑ Project not completed pursuant to Municipal Code Requirements per attached report of authorized municipal official.
Revised 1012312024
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