HomeMy WebLinkAboutOrdinance #4447 - Redevelopment Agreement with Jarvis Welding and Brien Jarvis and Brad Jarvis 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
18TH DAY OF FEBRUARY, 2025, ADOPTED ORDINANCE NO. 4447, A TRUE AND
CORRECT COPY OF WHICH IS CONTAINED IN THIS PAMPHLET.
GIVEN UNDER MY HAND AND SEAL THIS 18TH DAY OF FEBRUARY,2025.
(SEAL)
ANDREA SMITH-WALTERS
CITY CLERK
CITY OF CANTON, ILLINOIS
ORDINANCE NO. 4 4 4 7
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A
REDEVELOPMENT AGREEMENT
by and between
THE CITY OF CANTON,FULTON COUNTY, ILLINOIS
and
JARVIS WELDING,L.L.P.
and
BRIEN JARVIS
and
BRAD JARVIS
PASSED BY THE CITY COUNCIL
OF THE CITY OF CANTON,FULTON COUNTY,ILLINOIS,
ON THE 18TH DAY OF FEBRUARY,2025.
PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE CITY
COUNCIL OF THE CITY OF CANTON,FULTON COUNTY,ILLINOIS,
THIS 18TH DAY OF FEBRUARY,2025.
EFFECTIVE: FEBRUARY 18,2025
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CITY OF CANTON, ILLINOIS: ORDINANCE NO. 4447
CANTON 1—DOWNTOWN/5TH AVENUE
TAX INCREMENT FINANCING(TIF)DISTRICT
and
CANTON BUSINESS DEVELOPMENT DISTRICT (BDD) NO. 1
AN ORDINANCE APPROVING AND AUTHORIZING
THE EXECUTION OF A REDEVELOPMENT AGREEMENT
by and between
THE CITY OF CANTON
and
JARVIS WELDING,L.L.P.
and
BRIEN JARVIS
and
BRAD JARVIS
BE IT ORDAINED BY THE CITY OF CANTON, FULTON COUNTY, ILLINOIS
THAT:
1. The Redevelopment Agreement with Jarvis Welding,L.L.P.and Brien Jarvis and Brad Jarvis
(ExhihitA attached)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
February, 2025.
4. This Ordinance shall be in full force and effect from and after its passage and approval as
required by law.
(Fhe remainder of this page is intentionally left blank.)
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PASSED, APPROVED AND ADOPTED by the Corporate Authorities of the City of Canton,
Fulton County,Illinois,on the 18`'day of February,2025,and deposited and filed in the Office of the
City Clerk of said City on that date.
MAYOR&ALDERMEN AYE VOTE NAY VOTE ABSTAIN/ABSENT
Angie Lingenfelter X
Andra Chamberlin X
Patrick Ketcham
Ralph Grimm X
Greg Gossett X
Justin Nelson
John Lovell X
Angela Hale X
Kent A.McDowell,Mayor X
TOTAL VOTES 6
4"A
APPROVED: Date: /A/2025
Kent A.McDowell,Mayo , City of Canton
ATTEST: aw, , Date: aZ / PZ2025
�ndrea Smith-Walters, City Clerk, City of Canton
ATTACHMENTS:
EXHIBIT A. REDEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF CANTON AND JARVIS
WELDING,L.L.P.AND BRIEN JARVIS AND BRAD JARVIS.
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EXHIBIT A
CANTON 1-DOWNTOWN/5TH AVENUE
TAX INCREMENT FINANCING (TIF) DISTRICT
and
CANTON BUSINESS DEVELOPMENT DISTRICT (BDD) NO. 1
REDEVELOPMENT AGREEMENT
by and between
THE CITY OF CANTON
and
JARIS WELDING,L.L.P.
and
BRIEN JARVIS
and
BRAD JARVIS
s
CANTON 1 - DOWNTOWN/5TH AVENUE
TAX INCREMENT FINANCING DISTRICT
and
CANTON BUSINESS DEVELOPMENT DISTRICT NO. 1
REDEVELOPMENT AGREEMENT
by and between
CITY OF CANTON, FULTON COUNTY, ILLINOIS
and
JARVIS WELDING,L.L.P.
and
BRIEN JARVIS
and
BRAD JARVIS
FEBRUARY 18, 2025
CANTON 1—DOWNTOWN/5TH AVENUE TIF DISTRICT and CANTON BDD NO. 1
REDEVELOPMENT AGREEMENT
by and between
CITY OF CANTON
and
JARVIS WELDING, L.L.P.
and
BRIEN JARVIS AND BRAD JARVIS
THIS REDEVELOPMENT AGREEMENT (including Exhibits) is entered into this 18 h
day of February, 2025, by the City of Canton (the "City"), an Illinois Municipal Corporation, Fulton
County,Illinois, and Jarvis Welding,L.L.P.,an Illinois Limited Liability Partnership,and Brien Jarvis,
individually and Bard Jarvis,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 "TIF Act' , the City has the authority to provide incentives to owners
or prospective owners of real property to develop, redevelop, and rehabilitate such property by
reimbursing the owners for certain costs from resulting increases in real estate tax revenues;and
WHEREAS, on July 16, 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 TIF Act, approved a Redevelopment Plan, and
designated a Redevelopment Area known as the"Canton 1—Downtown/5`'Avenue TIF District"
and hereinafter referred to as the"TIF District");and
WHEREAS, property located at 155 S. 2nd Street, Canton, Illinois, (PINs 09-08-27-440-
002, 09-08-27-440-004, 09-08-27-440-005, 09-08-27-440-007, 09-08-27-440-008, 09-08-27-440-009,
09-08-27-440-010 and 09-08-27-440-011, hereinafter referred to as the "Property" and further
described in Exhibit "1"attached hereto) was acquired by the Developer from the City in 2023 and
is located within the TIF District Redevelopment Project Area;and
WHEREAS, said Property is also located within the City of Canton Business Development
District (BDD) No. 1 Redevelopment Project Area,which was established by the City on March 15,
2022, by Ordinance No. 4281 pursuant to the Business District Development and Redevelopment
Act, 65 ILCS 5/11-74.3 et. seq. (the`BDD Act"); and
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WHEREAS, pursuant to the BDD Act, the City has the authority to incur eligible business
district project costs and may enter into agreements with developers to reimburse them for their
eligible business district project costs; and
WHEREAS,the Developer has acquired the Property from the City and intends to construct
a commercial building located thereon for operation of the"Jarvis Welding"business (the"Project"),
and the Developer has secured the Property Landlord's consent for undertaking the Project 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 TIF 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 TIF 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 TIF 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 required 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 TIF Act and BDD Act and are consistent
with the Redevelopment Plans of the City;and
WHEREAS, the City and the Developer have agreed that the City shall reimburse the
Developer's TIF and BDD Eligible Project Costs (as set forth in Exhibit "I"attached hereto) up to
a total amount not to exceed One Hundred Fifty-Two Thousand Five Hundred and No/100
Dollars ($152,500.00) as specified below in Section "C' Incentives;and
WHEREAS, the Parties have agreed to the incentives set forth herein in order to facilitate
the Project;and
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WHEREAS, in consideration of the execution of this Agreement, the Developer shall
proceed with and complete 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.
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 TIF 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 M,jeure(defined below). The Project
shall be deemed to be complete when the commercial building has been completed and the
Jarvis Welding business is open to the public.
5. 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 AND BDD
The City has created a Tax Increment Financing District known as Canton 1—Downtown/5`h
Avenue TIF District" and Business Development District knows as "Canton BDD No. 1", both of
which include the Developer's Property.The City has approved certain Redevelopment Project Costs,
including the types described in Exhibit "1"for the Developer's 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:
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1. The City agrees to reimburse the Developer Ninety Percent (90%) of the annual "net" real
estate tax increment generated by the Project for the current remaining life of the TIF District,
through tax year 2027 payable in 2028, not to exceed a total of Sixty-Two Thousand Five
Hundred Dollars ($62,500.00) for its verified TIF Eligible Project Costs related to site
preparation and professional fees,as set forth in Exhibit 1. "Net" real estate tax increment is
defined as increment generated by the Project after payment for a proportionate amount of
TIF administrative fees and costs and payments pursuant to Intergovernmental Agreements,
if any.
2. In addition, the City agrees to reimburse the Developer up to Eighteen Thousand Dollars
($18,000.00) per year, commencing on or before December 31, 2025 and continuing on
December 315C of each year thereafter through and including December 31,2029,up to a total
amount not to exceed Ninety Thousand Dollars ($90,000.00), from the Canton BDD No.
1 Fund for its verified BDD Eligible Project Costs related to new building construction,as set
forth in Exhibit 1.
3. In order for the Developer to continue receiving the reimbursements set forth herein, the
Developer shall remain in compliance with each and every term of this Agreement during the
term of the Agreement,including the following:
a. The Developer shall maintain continuous operation of the Jarvis Welding commercial
business located on the Property from the time the Project is complete and continuing
for the term of this Agreement.
b. The Developer shall annually provide verification of the payment of the real estate
taxes for the property during the term of this Agreement.
c. The Developer does not file for bankruptcy or otherwise become insolvent during the
term of this Agreement.
d. The Property is not the subject of foreclosure proceedings during the term of this
Agreement.
e. The Developer does not sell or otherwise convey the Property during the term of this
Agreement.
f. In order to continue receiving the incentives set forth herein,the Developer agrees to
provide any information to the City upon request of the City regarding the number of
jobs created and/or retained by the Project as may be required by the Act and by the
Illinois Comptroller.
4. The total reimbursements paid to the Developer under Section C(9)and C(2)above shall not in
any event exceed One Hundred Fifty-Two Thousand Five Hundred Dollars
($152,500.00).
5. In the event the Developer is in default of any term set forth in this Agreement,this Agreement
shall immediately terminate, and the Developer shall no longer be entitled to any further
reimbursements hereunder.
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D. LIMITATION OF INCENTIVES TO DEVELOPER
1. The Developer shall be reimbursed by the City for all Eligible Project Costs permitted by the
TIF Act (excluding land acquisition) and the BDD Act (subject to a cumulative limitation of
$152,500.00) from the real estate tax increment generated and deposited into the Canton 1 —
Downtown/5`h Avenue TIF District Special Tax Allocation Fund and from the Canton BDD
No. 1 Special Tax Allocation Fund,but only for the term of the Agreement. The parties may
add additional phases and eligible project costs in excess of the amount authorized by this
Agreement upon mutual written agreement pursuant to Section W(2)below.
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 TIF 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 as set forth by the TIF Act or BDD
Eligible Project Costs as set forth by the BDD Act,shall be made by a Requisition for Payment
of Private Development Redevelopment Costs (Exhihit "2", the "Requisition") submitted
from time to time by the Developer to the City's TIF/BDD Administrator Jacob & Klein,
Ltd., with copy to The Economic Development Group, Ltd. (collectively, the
"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 for costs it has
incurred in any year as set forth in Patagtaphs "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 tax increment not required to be paid to the Developer under the terms of
Patagtaph "3"above shall be available to the City for any purpose set forth in the TIF Plan
and allowed by the TIF Act.
5. 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.
6. All TIF Eligible Project Costs and/or BDD Eligible Project Costs approved shall then be paid
by the City from the appropriate Special Tax Allocation Fund to the Developer, or to others
as directed by the Developer, pursuant to the TIF Redevelopment Plan and/or the BDD
Redevelopment Plan and as allowed by Illinois Law. The City shall pay such approved Eligible
Costs, 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.
7. 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 TIF Act and the BDD Act, respectively, 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.
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 created or retained by the Project for a particular year if requested by the City
to do so 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 Canton 1 — Downtown/5`' Ave. TIF District Special Tax
Allocation Fund and the Canton Business Development District No. 1 Special Tax Allocation Fund.
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.
H. 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.
I. 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.
J. 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.
K. 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
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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.
L. TIME; FORCE MAJEURE
For this Agreement, time is of the essence. The Developer agrees to complete this 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,
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.
M. 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 unless by written authorization of the City.
N. 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.
O. 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.
P. 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
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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 Jarvis Welding,L.L.P.
`/o City Clerk % Brad&Brien Jarvis
2 N. Main St. 124 E Pine St.
Canton,Illinois 61520 Canton, IL 61520
Ph: (309) 647-0020 Ph: (309) 338-3828
With copy to: With copy to:
Jacob &Klein,Ltd. and
The Economic Development Group,Ltd.
1701 Clearwater Avenue
Bloomington, Illinois 61704
Ph: (309) 664-7777
Q. SUCCESSORS IN INTEREST
Subject to the provisions of Section "M"above, this Agreement shall be binding upon and
inure to the benefit of the Parties hereto and their respective successors and assigns.
R. 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.
S. 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.
T. 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.
U. TERM OF THE AGREEMENT
Notwithstanding anything contained herein to the contrary,this Agreement shall expire upon
the first to occur of the current expiration of the TIF District(tax year 2027 payable 2028),December
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31, 2029, or the Developer receiving all incentives included herein pursuant to Section "C"above.The
Agreement shall expire sooner if the Developer files for bankruptcy or otherwise becomes insolvent,
the Property becomes the subject of foreclosure proceedings, or upon default by the Developer of
this Agreement.
V. 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 Sales Tax 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.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.
W. 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. Amendments: The Parties hereto may amend this Agreement at any time by their mutual
consent with amendment must be in writing and executed by the Parties.
3. Prepayments: Should the annual incremental real estate tax revenue generated by the Project
be sufficient to pay all TIF eligible project costs, or the City determines sufficient BDD
revenues are available to reimburse all BDD eligible expenses prior to the expiration of the
term of the Agreement,the City may,at its sole discretion,elect to waive the required payments
in Section C(3) above and pay all then remaining payments in a single lump sum payment(s).
4. 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.
5. 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.
6. 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.
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THIS AGREEMENT IS INTENDED TO BE A LEGAL DOCUMENT. AN ATTORNEY AT
LAW SHOULD BE CONSULTED PRIOR TO THE EXECUTION OF THIS DOCUMENT.
IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed
by their duly authorized officers on the above date at the City of Canton,Illinois.
CITY DEVELOPER
CITY OF CANTON,ILLINOIS,an Illinois Jarvis Welding, L.L.P., an Illinois Limited
Municipal Corporation Liability Partnership
BY: L BY:
M yor
Date: 22 0-
Date:
BRIEN JARVIS,individually
AY TIT BY:
�' /J BY:
J/ Jan is
C'ILEy Cler k . e
_ Date: G—�J
Date: �!ry''�c`�
BRAD JARVIS,individually
BY: A O-z� . . .
Brad Jary'is
Date: 3 2 S
Attachments:
Exhibit 1. Summary of TIF Eligible Project Costs.
Exhibit 2. Request for Verification of TIF&BDD Eligible Project Costs.
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EXHIBIT 1
SUMMARY OF ESTIMATED TIF AND BDD ELIGIBLE PROJECT COSTS
CANTON 1—DOWNTOWN/5TH AVE.TIF DISTRICT
& CANTON BDD NO. 1
Jarvis Welding, L.L.P. and Brien Jarvis and Brad Jarvis
Project Description: The Developer has acquired the Property from the City and intends to
construct a commercial building located thereon for operation of the
"Jarvis Welding"business.
Location: 155 2,d Street, Canton,IL
PINs: 09-08-27-440-002,09-08-27-440-0045 09-08-27-440-005,
09-08-27-440-007, 09-08-27-440-008,09-08-27-440-009,
09-08-27-440-010 and 09-08-27-440-011
Developer's Estimated TIF and BDD Eligible Project Costs:
SitePreparation.........................................................................................................................$50,000
Professionalfees.......................................................................................................................$103000
New building construction...................................................................................................$550,000
TOTAL ESTIMATED TIF ELIGIBLE PROJECT COSTS'...........................$610,000
'NOTE: The total, cumulative reimbursement for TIF and BDD Eligible Project Costs payable by the City to the
Developer shall not exceed $152,500.00 for costs relating solely to professional fees, site preparation and new
building construction as may be incurred by the Developer,and as set forth in this Redevelopment Agreement. The
City shall not reimburse any portion of the Developer's costs for land acquisition for the Project.BDD Eligible Project
Costs as set forth in this Exhibit"1"may be reimbursed pursuant only to Section "C(2)"of this Agreement.The line
items set forth in this Exhibit"1"are not intended to place a total limit on the described expenditures or intended to
preclude payment of such other TIF eligible redevelopment project costs in connection with the Developer's Project,
provided the total amount of payment for all eligible redevelopment project costs,public and private,shall not exceed the
total amount of$152,500 as set forth herein.
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EXHIBIT 2
PRIVATE REDEVELOPMENT PROJECT
REQUEST FOR VERIFICATION OF ELIGIBLE PROJECT COSTS
Requisition No.
Developer/Requestor name: Date submitted: / /20
Developer/Requestor 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: $
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 Developer for which Verification of Eligibility is Hereby Requested"were incurred and/or
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.
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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 Developer's 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:
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
Revised 11/122024
THIS SECTION FOR MUNICIPAL USE
❑ Request reviewed by TIF/BDD Administrator for the Municipality: Date: / /20_
(name and title)
❑ Request approved by authorized municipal official: Date: /____/20_
(name and title)
❑ Project reviewed/inspected by authorized municipal official: Date:
(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.
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