HomeMy WebLinkAboutOrdinance #4472 - Redevelopment Agreement with Newnurn Enterprises, INC/Kim Newburn. D.B.A., American Grille (525 S. 5th Ave) 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 3m DAY OF JUNE, 2025 ADOPTED ORDINANCE NO. 4472, A TRUE AND
CORRECT COPY OF WHICH IS CONTAINED IN THIS PAMPHLET.
GIVEN UNDER MY HAND AND SEAL THIS 3m DAY OF JUNE,2025.
(SEAL)
,/I S�'
NDREA J. MITH-WALTERS
ITY CLERK
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CITY OF CANTON, ILLINOIS
ORDINANCE NO. 4 4 7 2
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A
CANTON BUSINESS DEVELOPMENT DISTRICT NO. 1
REDEVELOPMENT AGREEMENT
by and between
THE CITY OF CANTON, FULTON COUNTY, ILLINOIS
and
NEWBURN ENTERPRISES,INC.
and
KIM NEWBURN,D.B.A.,AMERICAN GRILLE
(525 S. 5th Ave.)
PASSED BY THE CITY COUNCIL
OF THE CITY OF CANTON,FULTON COUNTY,ILLINOIS,
ON THE 3'D DAY OF JUNE, 2025.
PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE CITY
COUNCIL OF THE CITY OF CANTON,FULTON COUNTY,ILLINOIS,
THIS 3RD DAY OF JUNE, 2025.
i
EFFECTIVE:JUNE 3,2025
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ORDINANCE NO. 4472
CITY OF CANTON, ILLINOIS
AN ORDINANCE APPROVING AND AUTHORIZING
THE EXECUTION OF A BUSINESS DEVELOPMENT DISTRICT NO. 1
REDEVELOPMENT AGREEMENT
by and between
THE CITY OF CANTON
and
NEWBURN ENTERPRISES,INC.
and
HIM NEWBURN,D.B.A.,AMERICAN GRILLE
(525 S. 5th Ave.)
WHEREAS, the Mayor and City Council of the City of Canton, Fulton County, Illinois (the
"City"), have hereby determined that the Canton, Illinois Business Development District No. 1
Redevelopment Agreement by and between the City of Canton and Newburn Enterprises, Inc.,
an Illinois Corporation and Kim Newburn d.b.a. American Grille (collectively the "Developer")
attached hereto as Exhibit `A,"is in the best interest of the citizens of the City of Canton.
NOW THEREFORE,be it ordained by the Mayor and City Council of the City of Canton,
Illinois,in the County of Fulton, as follows:
1. The City of Canton, Illinois 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 Business District Redevelopment Agreement and the City Clerk of the City of Canton is
hereby authorized and directed to attest such execution.
3. The Mayor is hereby further authorized to approve a single forty-five (45) day extension of
the Developer's obligation to complete the Project and verify eligible expenses if such
extension is requested by the Developer in writing on or before July 31,2025.
4. The Business District Redevelopment Agreement shall be effective the date of its approval on
the 3`a day of June,2025.
5. This Ordinance shall be in full force and effect from and after its passage and approval as
required by law.
(I he remainder of thi page is intentionally left blank.)
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PASSED APPROVED AND ADOPTED by the Mayor and City Council of the City of
Canton this 3`' day of June, 2025.
MAYOR&ALDERMEN AYE VOTE NAY VOTE ABSTAIN/ABSENT
Dave Pickel X
Andra Chamberlin
Patrick Ketcham
Ralph Grimm X
Greg Gossett
Justin Nelson X
John Lovell X
Angela Hale X
Kent A.McDowell,Mayor X
TOTAL VOTES 7
4 APPROVED: 4A , Date 4/ /2025
M yo , City of Canton
ATTEST: , Date: -,6'/ /2025
0ity Clerk, C'ty of Canton
ATTACHMENTS:
1. EXHIBIT A. City of Canton, Illinois Business Development District No. 1 Redevelopment
Agreement by and between the City of Canton and Newburn Enterprises, Inc. and Kim
Newburn, d.b.a.,American Grille.
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EXHIBIT A
CITY OF CANTON, ILLINOIS
BUSINESS DEVELOPEMNT DISTRICT NO. 1
REDEVELOPMENT AGREEMENT
by and between
THE CITY OF CANTON
and
NEWBURN ENTERPRISES, INC.
and
KIM NEWBURN,D.B.A.,AMERICAN GRILLE
(525 S. 5th Ave.)
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CITY OF CANTON, ILLINOIS
BUSINESS DEVELOPMENT DISTRICT NO. 1
REDEVELOPMENT AGREEMENT
by and between
CITY OF CANTON, ILLINOIS
and
NEWBURN ENTERPRISES, INC.
and
KIM NEWBURN, D.B.A., AMERICAN GRILLE
(525 S. 5th Ave.)
JUNE 3, 2025
CITY OF CANTON, ILLINOIS
BUSINESS DEVELOPMENT DISTRICT NO. 1
REDEVELOPMENT AGREEMENT
by and between
CITY OF CANTON, ILLINOIS
and
NEWBURN ENTERPRISES, INC.
and
HIM NEWBURN, D.B.A.,AMERICAN GRILLE
(525 S. 5th Ave.)
THIS AGREEMENT (including Exhibits, hereinafter referred to as the "Agreement") is
entered into this 3`d day of June, 2025, by the City of Canton (the "City"), an Illinois Municipal
Corporation, Fulton County, Illinois, and Newburn Enterprises, Inc., an Illinois Corporation and
Kim Newburn d.b.a.American Grille (collectively 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 seg.), 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, 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 owns property located within the Business District at 525 S. 5th
Ave. (PIN 09-08-35-116-013), which is hereinafter referred to as the "Property;" and based in part
on incentives made available by the City, the Developer shall proceed with plans to complete repairs
and renovations to the building and other structures located on the Property at a total estimated cost
of$36,477 (the "Project"); and
WHEREAS, the Developer's proposed Project is consistent with the land uses of the City
and the Business District Plan as adopted; and
WHEREAS, as an incentive to undertake the Project, the Developer has requested
reimbursement for a portion of its BDD eligible project costs as described in Exhibit "1"attached
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hereto and as further evidenced by the Developer's Application for Reimbursement of Private BDD Eligible
Redevelopment Pr ject Costs attached hereto as Exhibit "2;"and
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,in consideration of the execution of this Agreement and in reliance thereon,the
Developer is prepared to redevelop said property; and
WHEREAS, the City is entering into this Agreement to induce the Developer to complete
the Project located on the Property.
AGREEMENTS
NOW, THEREFORE, for good and valuable consideration, the receipt of which is
acknowledged, the Parties 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 and are to be construed as binding statements 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 agrees to complete the Project and verify eligible project costs as required in
Section "E"below on or before July 31, 2025, subject to exception of Force Majeure as
described in Section "I"below.
4. For the purpose of this Agreement, the Developer's Project will be deemed to be complete
when the improvements described in Exhibit "1" are completed in compliance with all
applicable ordinances and building codes of the City, and the eligible project costs have been
verified by the Developer pursuant to Section "E"below.
5. Each of the Parties represents that it has taken all actions necessary to authorize its
representatives to execute this Agreement.
B. INCENTIVES
In consideration for the Developer completing its Project, 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 Business District eligible project
costs incurred in furtherance of the Project by the Developer pursuant to Section "E"below,
the City shall reimburse the Developer a single,lump-sum amount not to exceed Twenty
Five Percent(25%) of the verified eligible project costs incurred for the Project or Ten
Thousand and 00/100 Dollars ($10,000.00),whichever is less,and as may be payable from
the Canton BDD Special Tax Allocation Fund pursuant to the Act.
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a. Any TIF Eligible Project Costs for which the Developer is otherwise reimbursed from
the proceeds of any insurance policy shall not be used for purposes of verifying costs
pursuant to Section "E" below and shall not be used to calculate the reimbursement
owed pursuant to this Agreement.
C. LIMITATION OF INCENTIVES TO DEVELOPER
1. The Developer shall be reimbursed by the City, subject to the limitations of Section "B"
above, from the Business District Tax Allocation Fund, but only up to an amount not to
exceed$10,000.00.
D. OBLIGATIONS AND RESPONSIBILITIES OF DEVELOPER
1. The Developer shall timely complete the Project located on the Property. Failure of the
Developer to timely complete such the Project as set forth herein will result in the denial of
the reimbursements to be otherwise made hereunder.
2. The failure of the Developer to provide any information reasonably required herein after
notice from the City, and the continued failure to provide such information within 30 days to
the City after such notice shall be considered a material 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 forgoing information.
3. The Developer agrees to execute any and all documents necessary to effectuate the provisions
of this Agreement.
E. PAYMENT OF ELIGIBLE PROJECT COSTS
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 July 31, 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.
2. Absent the City's written consent for an extension provided to the Developer, any costs
submitted after July 31, 2025,will not be eligible for reimbursement.
a. Upon receiving written request from the Developer on or before July 31, 2025, the
Mayor may grant to the Developer one extension of up to forty-five (45) days to
complete the Project and comply with Section "E(1)"above.
3. Payment to the Developer for BDD Eligible Project Costs as set forth by the BDD Act shall
be made by the City following submission by Developer of a final Requisition for Payment of
Private Development Redevelopment Costs (the "Requisition") attached hereto as Exhibit "3"to
Jacob & Klein, Ltd. and the Economic Development Group, Ltd. (collectively the `BDD
Administrator"), and the BDD Administrator's approval of the BDD eligible project costs
and the availability of funds in the Canton BDD Special Tax Allocation Account.
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4. If any costs which are submitted by the Developer are not approved by the Administrator,the
reasons for disallowance will be set forth in writing and the Developer may resubmit the costs
with such additional information as may be required and the same procedures set forth herein
shall apply to such re-submittals.
5. All Business District Eligible Project Costs which have been approved shall then be paid
pursuant to the terms set forth in Section "B"above.
F. LIMITED OBLIGATION OF CITY
The City's obligation hereunder to reimburse the Developer as stated herein is a limited
obligation. 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 nor obligate the
City to utilize its taxing authority to fulfill the terms of this Agreement.
G. 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 payments to any contractor, subcontractor,
mechanic, or materialman providing services or materials to the Developer for the Project.
H. DEFAULT; CURE; REMEDIES
In the event of a default under this 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") shall have an action for damages, or in the event damages would not fairly
compensate the Non-defaulting Parry's for the Defaulting Parry's breach of this 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 IVlunicipal Sales Tax
Revenues payable 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 Agreement,it shall not be deemed to be in default under this 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 non-monetary covenant as and when it is required to
under this 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 non-monetary 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.
I.TIME; FORCE MAJEURE
For this Agreement, time is of the essence. The Developer agrees to complete the Project on
or before July 31, 2025, 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
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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.
J.ASSIGNMENT
The rights (including,but not limited to, the right to payments contemplated by Section `B"
of this Agreement) and obligations (or either of them) of the Developer under this Agreement shall
not be assignable.
K. 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.
L. 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.
(lhe remainder of this page is intentionally left blank.)
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M.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 Newburn Enterprises,Inc.
`/o City Clerk % Kim Newburn,President
2 N. Main Street 525 S. 5th Ave.
Canton,Illinois 61520
Ph: (309) 647-0065 Canton, Illinois 61520
Ph: (309) 224-4488
IdIN copy to City BDD Administrator. With copy to:
Jacob &Klein, Ltd. and John J. McCarthy,Attorney
The Economic Development Group,Ltd. 209 E. Chestnut St., Ste. 1
1701 Clearwater Avenue Canton, Illinois 61520
Bloomington, Illinois 61704 Ph: (309) 647-7477
Ph: (309) 664-7777
N. SUCCESSORS IN INTEREST
Subject to the provisions of Section `f"above, this Agreement shall be binding upon and
inure to the benefit of the Parties hereto and their respective successors and assigns.
O.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.
P. 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.
Q. 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.
R. TERM OF THE AGREEMENT
Notwithstanding anything in this Agreement to the contrary, this Agreement shall expire on
July 31, 2025, 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.
S. ILLINOIS PREVAILING WAGE ACT
It is the understanding of the Parties that the position of the Illinois Department of Labor(the
"Department") 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 is stated as an answer to a FAQ section on the Department's 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. 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.
T. 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 to this Agreement. The Parties hereto may amend this Agreement at any
time by their mutual consent which amendment must be in writing and executed by the
Parties.
3. Warran1y 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.
4. 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.
5. 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.
'See online: hops://labor.illinois.jo /.
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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 NEWBURN ENTERPRISES, INC., an
Municipal Corporation Illinois Corpo tion
-J-BY: B
r r Kith Newburn,President
Date: FbI Lt 3
Date:
ATT STED BY. HIM NEWBURN, D.B. ERICAN
GRILLE,indiv dually
ty Jerk
Date: B
Newburn, d.b.a.,Ame ican Grille
Date: /U
Exhibit 1. Estimated BDD Eligible Project Costs
Exhibit 2.Application for BDD Benefits Relating to Private BDD Eligible Redevelopment Project Costs as
submitted by Newburn Enterprises,Inc. and Kim Newburn,d.b.a.,American Grille
Exhibit 3. Requisition for Payment of Private Development Redevelopment Costs
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EXHIBIT 1
ESTIMATED BDD ELIGIBLE PROJECT COSTS
Newburn Enterprises, Inc. and Kim Newburn, d.b.a.,American Grille
City of Canton,Fulton County,Illinois / Canton BDD No. 1
Project Description: Developer shall proceed with plans to repair and renovate the building and
structures located on the Property at a total estimated cost of$36,477 (i.e.,an amount net of insurance
proceeds).
Property: 525 S. 5th Ave., Canton,Illinois TM tea`
PIN 09-08-35-116-013 y
LOT 24 MARSHALL&FISHER'S ADD LTS 19 THRU
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Estimated BDD Eligible Project Costs:
"Out-of-pocket" costs relating to repairs and renovations
to the building and structures located on the Property (materials dam'contracted labor).....................$36,477
Total Estimated BDD Eligible Project Costs...................................................... 71
1 The total, cumulative reimbursement of BDD Funds for BDD Eligible Project Costs payable by the City to
the Developer shall not exceed 25% of verified BDD eligible project costs incurred by the Developer or
$10,000.00,whichever is less as set forth in this Redevelopment Agreement.
10
EXHIBIT 2
APPLICATION FOR BDD BENEFITS RELATING TO PRIVATE BDD ELIGIBLE
REDEVELOPMENT PROJECT COSTS
as submitted by
NEWBURN ENTERPRISES, INC. and
KIM NEWBURN, D.B.A.,AMERICAN GRILLE
(525 S. 5th Ave.)
City of Canton,Illinois
Canton Business Development District(BDD)No.1(4taaluhea 3/1S/2022)
City of Canton,Illinois/2 N.Main St.,Canton,IL 61520 Ph:(309)647-0065
APPLICATION FOR REIMBURSEMENT OF
PRIVATE BDD EELIGIBLE R/E�DEVELO MENT PROJECT COSTS
Applicant Name: t7 t`c-75//�t /' IJ��L� Y.��✓ /
Applicant Mailing Address: �.!e� eJ . � 7.1 IL CO//�z0
Applicant Daytime Phonet7�Uq a�y-gU7(� Applicant Email Addres in,7Lr /&,Z V
Subject Property's Site Address: FI//TIh7 l�
Subject Property's Fulton County Property Tax ID# 9 �Lf1tr `mil 3
Property Owner Name(s)if different than
n�Applicant•.
Type of Property(check all that appiy):LI:ommcrdal/Retail; ❑Professional Office; ❑ Industrial; ❑ Residential
y/9�z5
Anticipated Project Start Date: and Estimated Project Completion Date: LS
Number of new jobs,if any,that will be created as a result of this Project: Full-time_O Part-time eQ
New annual retail sales anricipated to occur,if any,as a result of the proposed improvements: S
Total Projected Investment for Project SG7 ,of which$S 77 is land/building improvements.
Estimated BDD Eligible Project Costs(attach detailed tut and description,as well as bids for contracted work):
1. Professional fees(e.g.,engineering,architectural,legal,accounting,plans,marketing).....$��
2. Acquisition cost of land and buildings purchased after 3/15/2022......................................$�
3. Site preparation(e.g.,demolition,excavation,leveling/gtading of land)..............................$
4. Exterior rehab,repair,remodeling,reconstruction of existing buildings............................. ,F7
5. Interior rehab,repair,remodeling,reconstruction of vacant,underutilized space............$ -7 9 D
6. Construction of new budding.........._....._...................................................................................$—D--
7. Construction or repair of private parking lot and/or driveway.....................-.......................$ 50 0
S. Construction or repair of public infrastructure........................................................._..............S Q
TOTAL ESTIMATED BDD ELIGIBLE PROJECT COSTS:...................................$ Ve qV
FOR CITY USE: - -- ----'--- — — — --- ---- --
Signed application received by the City of Canton on date:_/_/ by
City Finance Committee Recommendation: ❑Approved For Amount 3—on date:_/ /
Notts/:nstruecions: (attach more detail as needed)
❑ Denied for-eason: (attach more detail as areded)
BDD Application forwarded to City's BDD Administrator on date::_
Dare of Approved Redcvclopm=t Agreement_/ / Verified BDD Eligible Project Costs: 3
Amount reimbursed by City to Applicant•.S by Check No. on date:
-1-
11
PLEASE READ THE FOLLOXWNG REQUIREMENTS CAREFULLY
BDD reimbursements are provided for BDD-eligible project costs (pursuant to 65 ILCS 5/11-74.3-1 et. seq. as
amended, the "AceD and only for such eligible project costs that are incurred and verified for redevelopment
projects undertaken within the designated BDD No. 1 Redevelopment Project Area. All BDD Applications are
reviewed by the City's Finance Committee prior to approval of n written redevelopment agreement by the Canton
City Council and all reimbursements by the City are subject to the availability of funds.
i. Only properties located within the Canton Business Development District No. 1 Redevelopment Project
Area(the"BDD Area"or"Area')as depicted below are eligible to apply for BDD assistance.To verify a
property is located within the BDD Area,contact the Spoon River Partnership for Economic Development
for assistance: 48 N. Main Street, Canton, IL 61520; Ph: (309) 647-2677; or send email inquiries to
❑ncclnniel rt)canronillinois.orl;,or visit online at:lLtps'//wN%,w.c;tntonillinais.org/economic-tlevelopmenl1.
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September S0,30r7 A9 Amended
2. All applicants are to attach a description of the planned improvements,estimated costs(contractor
bids,if any)of the project,and the project schedule. Conceptual sketches,photographs and drawings
arc encouraged. The City reserves the right to request additional information,including,but not limited to,
how the property will be utilized(e g.,commercial,residential,type of business,etc.)after the renovations
are completed.
3. All projects undertaken with BDD Funds must comply with applicable City of Canton design guidelines,
zoning ordinances and building codes.
4. A Tenant-Applicant of a building for which the reimbursement of leasehold improvement's is requested
through BDD Funds must provide written consent from the Property Owner for all proposed
improvements(see Appendix A).
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12
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 fryrther
stimulate the type of redevelopment that is consistent with the Canton Business Development District No.
1 Redevelopment Plan,and Projects. The Canton City Council shall exercise its authority pursuant to the
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: hers•//Wu 2 illinoishnv/idol/FAnslPahc./prevailing
wage—faq.nspx#gsrl6. Any project costs incurred by the Developer within a public right-of-way or for
which the improvements arc 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. Nothing contained in this BDD Application shall be construed by the
City or the Applicant or any third person to create the relationship of a partnership,agency,or joint venture
between the City and the Applicant.
Applicant Signature: Date:
❑ Applicant is the Owner of Subject Property
❑Applicant is Tenant of Subject Property for which Appen&xA has been completed and attached hereto.
1 -3-
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APPENDIX A
APPLICATION FOR REIMBURSEMENT OF
PRIVATE BDD ELIGIBLE REDEVELOPMENT PROJECT COSTS
City of Canton,Illinois/2 N.Main St.,Canton,IL 61520 Ph:(309)647-0065
(Complete top and bottom portions of this form only if the Applicant is not the Property Ounrer)
TENANT-APPLICANT AFFIDAVIT
We the undersigned are the Applicant and Tenant of real Property located at the following address:
,(PIN ),
and hereby disclose our intent as Tenant of said Property to incur certain eligible project costs as"Leasehold
Improvements"for which we are requesting the reimbursement from the Canton Business Development Dutrid No. l
Special TaxA6eadan Fund,pursuant to the terms and conditions provided herein.
BY: Date:
(Authorized Tenant Signature)
(Print Tenant Name)
STATE OF ILLINOIS
COUNTY OF FULTON
1,the undersigned Notary 7ublic,do hereby affirm chat personally appeared before me on the_day of
aid signed the above Statement as a free and voluntary act and deed_
Natal PabGc
Date of Cammirmx Expiry:
--------•-------------------------------------------------------------•------•"-------------------------------...----••-------------"---
PROPERTY OWNER-LANDLORD AFFIDAVIT
As the owner of the above-described real Property, I hereby provide the Tenant my consent to undertake the
proposed"Leasehold Improvements"on the Property,whereby the Tenant shall incur certain eligible project costs
for which the Tenant is requesting reimbursement from the Canton Business Development District No, t Special Tax
Allocation Fund pursuant to the terms and conditions provided herein.
Furthermore,as a signatory to this Application,I do hereby direct the City of Canton to make the BDD grant
payment awarded by the City for this Project payable to the Tenant-Applicant
BY: Date:
(Authorizcd Property Owner-Landlord Signature)
(Print Property Owner-Landlord Name)
STATE OF ILLINOIS
COUNTY OF FULTON
1,the undersigned Notary Public,do hereby af&tm that personally appeared before me on the_day of
and signed the above Statement as a free and voluntary act and deed.
Netag PabA,
Dale ofCw—irriox Fxprry:
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14
(no subject)
1 message
Mm Newbum<kimnewburn95@gmail.com> Thu,May 1,2025 at 12:29 PP
To:Kim Newbum<kimnewburn95@gmail.com>
To whom it may concern:
This note is to lend some background information to the reasons for our project and the numbers
related to it.
On March 141h 2025 The American Grille sustained damage from straight line winds.We lost all four
of our HVAC units on the roof,two of which came completely off the building.We also lost half of the
roof.Insurance
covered all but a 1%wind and hail spin down clause.(Based on the value of the building)Which
resulted in a$12,490 out of pocket expense to us. I have enclosed this paper from my insurance
company.HVAC was replaced on March 26th and 27th,Roof was replaced on April 9th.
On March 31 st 2025 The American Grille sustained more damage from a car that backed completely
into our dining room.(photos enclosed)This obviously included extensive damage to the inside and
outside of the building. Due to the events of March 14th,We did not want to turn this claim in for
replacement costs to our insurance company.The insurance on the vehicle only covered actual cash
value.This resulted in an out of pocket expense of$3987 to replaced the damaged areas.(attached
insurance info)
At this time we decided to replace all siding on the rest of the building as insurance will not cover the
east and north sides.Also to replace the fence on the north side between the gas station and the
American Grille as insurance will only cover fencing in the events of fire,Lightning,Explosions,Riots and
aircraft.Not wind and hail damage.This total cost is$16,000.(Attached bid)
We are currently waiting on the window to start the rest of the outdoor repairs and improvements,All
figures listed are after insurance payouts and are out of pocket for the American Grille.
Thank you for your consideration.
Sincerely,
15
LOSS RECAP
Insured: Nowbum Enterprises Inc.DBA American Grille Policy No.: 0000935252
Banquel
Prop"Address: 525-535 S 5th Ave,Canton.IL 61520 0Ble of Loss: 3114l2025
Mailing Address, Catastrophe No.
Insured Tel.No.: (309)224d488 Adj.File No.:
Adjusting Company: Adj.No-:
Adj,Address: Adj.Phone No.: (800)362-2041)1 8213
(Date Loss Assigned: WlW2025 00:00 Dale Insured Conlaclad:311712025 00:00 Date Lass lnspecled:
Replacamenl Recov.Non•recov. ACV Loss Deductible Insur. ACV Claim Potential RC Claim Valuation
Cost Lass Depr. Deprec. Applied Carried Suppl, RCV ACV
Claim
Location 1 Building 1 125.876.25 22.230.00 0.00 103. .25 12.490.00 100 91.156.25 22,230.00 113.366.25 0.00 0.00
Other Structures 0.00 0100 0.00 0.00 0,00 0.00 0.00 0.00
Contents 0.00 0.00 0.00 0.00 0,00 t 0 0.00 0.00 0.00 01M 0.00
TOT IS 5125.878.25S22,230.00 S0100 $101645.25S12,490.00 S91,158.25522,230.00 S113.38035
Country Financial
-'•"-"'rW--_... Field Claims Center
PO Box 2020
Bloomington.IL 61702
2025-04-03.1355
Temporary Repair%
DESCRIPTION QUANTITY UNIT PRICE TAX RCV DEPREC. ACV
TEMPORARY REPAIRS
1.Temporary Rcpnin(Paid Bill) 1.00 LA 4.250.00 0.00 4.250.00 <0.O0:. 4_50.00
fee Imnln from Jnn A'm$urn C nnrlrurNnn,lnr.for rmer8rnrp repoln end Aranep.
'fatale Temporary Repalrs 0.00 4.250.00 am 41250.00
Building Building
DESCRIPTION QUANTITY UNIT PRICE TAX RCY DEPREC. ACV
ESTIMATE
2.Windows-Vinyl(Agreed Prie•) 1.00 EA 1.61.3.00 0.00 1•61301 0016.50> 806.50
3.Masonry(Agreed Price) LCO EA ?010,00 0.01) 2.600.00 2.n ran C_'Y n�4.Siding(Agreed Pricc) L00 G\ M1;!(81.W U.00 G,SCO <I,Bgp.00> 4.410.
S.Acauslicol Treatments(Agreed Price) 1.00 EA 854,110 0.CC 854. .44.n0
6.FlowCowring-Vinyl(AgreedPrice) 1.00 FA 12.911111n) 0.n(1 12,9(n) c1,290.00> 11.6 ono
7.Drywall(Agreed Prim) 1.00 BA 900.00 0.00 94 .on <0.00> 900. 1 .-.
S.Corwntc 8:Asplmlr(Agreed Price) I.W EA 1 250.no ODn 1,25o.1Nf- .KI:• 1250.00
Per uNrced rsdmmef-Jnn ey bum Conrrrardonl Inc.
'Patel:aulldl tt 9.01) 26,417.00 3.986.50 32.430.50
Lass of Income
DESCRIPTION QUANTITY VNITPRICF. TAX RCY DEPREC. ACV
LOSS OF INCOME
9.Rcslnoronl• 1.01)PA I,5181.n0 0.00 1.500.00 V.00> 1,500.00
10.GmnMiog WhLinW IXULA 394.61 0.00 3R4.61 V.181> 384.61
Toul.:Lass of locomc "a IJ884.61 0.00 1104.61
I.Ine Item Tolaisi 2025-D4-O."355 0,()11 32,551.61 31986.50 261565.11
2025-414.03-1355 4/4/2025 Page:3
PROJECT PROPOSAL
J�
P.O. Box 544 Canton 11. 61520
6�W:L� L�A (309)338-6221
CONSTRUCTION INC. newburnconstruction@gmail.com
Customer name&address Job site address
American Grille SAME
525 S.5d Ave.
Canton 11,61520
We Hereby propose to furnish the materials and perform the labor necessary for the
completion of:
1. Remove and replace vinyl siding on north and east walls of building.
2. Remove and replace 24 feet of fence.
Ail material is guaranteed to be as specified,and the above work to be performed in
accordance with the drawings and or the specifications and completed in a workman like
manner for the sum ofi
$16,000.00
Respectfully submitted by:Jon M.Newburn
Acceptance of proposal
The above prices and conditions are satisfactory and are hereby accepted.You are authorized to
proceed with the project as specified.Payments will be made out as outlined.
Accepted by:
18
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EXHIBIT 3
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
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.
20
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.Anyviolation 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 11/12/2024
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: / /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.
21