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HomeMy WebLinkAboutOrdinance #4515 - Redevelopment Agreement with Cup of Canton 53, LLC and Meng EN Wang (52 E. Elm St.) CERTIFICATE THE UNDERSIGNED CERTIFIES THAT SHE IS THE CITY CLERK FOR THE CITY OF CANTON, ILLINOIS, AND THAT THE CITY COUNCIL AT A REGULARLY CONSTITUTED MEETING OF SAID CITY COUNCIL OF THE CITY OF CANTON ON THE 2ND DAY OF DECEMBER,2025,ADOPTED ORDINANCE NO. 4515 ,A TRUE AND CORRECT COPY OF WHICH IS CONTAINED IN THIS PAMPHLET. GIVEN UNDER MY HAND AND SEAL THIS 2ND DAY OF DECEMBER,2025. (SEAL) NDREA .SMITH-WALTERS ITY CLERK CITY OF CANTON, ILLINOIS ORDINANCE NO. 4515 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A CANTON BUSINESS DEVELOPMENT DISTRICT NO. I REDEVELOPMENT AGREEMENT by and between THE CITY OF CANTON, FULTON COUNTY, ILLINOIS and CUP OF CANTON 52,LLC and MENG EN WANG (52 E. Elm St.) PASSED BY THE CITY COUNCIL OF THE CITY OF CANTON,FULTON COUNTY,ILLINOIS, ON THE 2ND DAY OF DECEMBER,2025. PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS, THIS 2ND DAY OF DECEMBER, 2025. EFFECTIVE: DECEMBER 2,2025 2 ORDINANCE NO. 4515 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 CUP OF CANTON 52,LLC and MENG EN WANG (52 E. Elm St.) 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 Cup of Canton 52, LLC, an Illinois Limited Liability Company and Meng En Wang, individually (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 Business District Redevelopment Agreement shall be effective the date of its approval on the 2"d day of December, 2025. 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 left blank.) 3 PASSED APPROVED AND ADOPTED by the Mayor and City Council of the City of Canton this 2nd day of December, 2025. MAYOR&ALDERMEN AYE VOTE NAY VOTE ABSTAIN/ABSENT x Dave Pickel x Andra Chamberlin x Patrick Ketcham x Ralph Grimm x Greg Gossett x Justin Nelson x John Lovell x Angela Hale x Kent A.McDowell,Mayor 8 TOTAL VOTES APPROVED: Date 2025 ent . McDowell, r, City of a ton ATTEST: / Date: -a/ /2025 eeaSmith- alters, City Clerk, City of Canton ATTACHMENT: 1. EXHIBIT A. City of Canton, Illinois Business Development District No. 1 Redevelopment Agreement by and between the City of Canton and Cup of Canton 52, LLC and Meng En Wang. 4 EXHIBIT A CITY OF CANTON, ILLINOIS BUSINESS DEVELOPEMNT DISTRICT NO. 1 REDEVELOPMENT AGREEMENT by and between THE CITY OF CANTON and CUP OF CANTON 52, LLC and MENG EN WANG (52 E. Elm St.) 5 CITY OF CANTON, ILLINOIS BUSINESS DEVELOPMENT DISTRICT NO. 1 REDEVELOPMENT AGREEMENT by and between CITY OF CANTON, ILLINOIS and CUP OF CANTON 52, LLC and MENG EN WANG (52 E. Elm St.) DECEMBER 2, 2025 CITY OF CANTON,ILLINOIS BUSINESS DEVELOPMENT DISTRICT NO. 1 REDEVELOPMENT AGREEMENT by and between CITY OF CANTON, ILLINOIS and CUP OF CANTON 52, LLC and MENG EN WANG (52 E. Elm St.) THIS AGREEMENT (including Exhibits, hereinafter referred to as the "Agreement") is entered into this 2"d day of December,2025,by the City of Canton(the"City"),an Illinois Municipal Corporation, Fulton County, Illinois, and Cup of Canton 52, LLC, an Illinois Limited Liability Company and Meng En Wang,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 encourage development, job creation, and/or the full utilization of real estate; and WHEREAS,pursuant to the Illinois Business District Development and Redevelopment Act (65 ILCS 5/11-74.3-1 et seq.), as amended (the "Act"), the City established the Canton Business Development District No. 1 (the "Business District" or "BDD") on March 15, 2022, by approving Ordinance No. 4281;and WHEREAS,on September 30,2022,the City approved the First Amendment to the Business District by approving Ordinance No. 4307 and further ratified the First Amendment on October 5, 2022 by approving Ordinance No. 4315;and WHEREAS, 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 52 E.Elm St. (PIN 09-08-27-416-002),which is hereinafter referred to as the "Property;" and based in part on incentives made available by the City,the Developer has incurred costs for exterior improvements on the building located on the Property at a total estimated cost of$730.00 (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 "I"attached 2 hereto and as further evidenced by the Developer's Application for Reimbursement of Private BDD Eligible Redevelopment Pm�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 December 30,2025,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 "I"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 Thirty Percent (30%) of the verified eligible project costs incurred for the Project or Two Hundred and 00/100 Dollars ($200.00),whichever is less,and as may be payable from the Canton BDD Special Tax Allocation Fund pursuant to the Act. 3 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$200.00. 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 December 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. 2. 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 "J"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. 3. 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. 4. 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 4 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 Party's for the Defaulting Party'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 Municipal 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 Parry 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 December 30,2025, 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 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" 5 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 Parry waiving such right of remedy does so in writing. No such waiver shall obligate such Parry to waive any right of remedy hereunder or shall be deemed to constitute a waiver of other rights and remedies provided said Parry pursuant to this Agreement. L. SEVERABILITY If any section, subsection, term or provision of this Agreement or the application thereof to any Parry 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. 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 Parry or an officer,agent or attorney of the Parry,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(31 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 Cup of Canton 52,LLC `/o City Clerk /o Meng En Wang,Manager 2 N. Main Street 52 E. Elm St. Canton,Illinois 61520 Canton, Illinois 61520 Ph: (309) 647-0065 Ph: (309) 338-0255 With copy to City BDD Administrator. With copy to. Jacob& Klein,Ltd. and The Economic Development Group,Ltd. 1701 Clearwater Avenue Bloomington,Illinois 61704 Ph: (309) 664-7777 N. SUCCESSORS IN INTEREST Subject to the provisions of Section 'j"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. 6 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 terns 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 December 30, 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. 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. 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. 'See online: ht1ns://1abor.i11inois4P1 . 3. 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. 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. 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 CUP OF CANTON 52, LLC,an Illinois Municipal Corporation Limited Liability Company , VV BY: Mayor ,1 r Meng En Wang, Manager Date: Date: / AT STED BY: MENG EN WANG,individually B J ity Clerk Meng En ang Date: 442 Date: Id Z� Exhibit 1. Estimated BDD Eligible Project Costs Exhibit 2. Application for BDD Benefits Relating to Private BDD Eligible Redevelopment Project Costs as submitted by Cup of Canton 52,LLC and Meng En Wang Exhibit 3. Requisition for Payment of Private Development Redevelopment Costs 8 EXHIBIT 1 ESTIMATED BDD ELIGIBLE PROJECT COSTS Cup of Canton 52, LLC and Meng En Wang City of Canton,Fulton County,Illinois / Canton BDD No. 1 Project Description: Exterior improvements on the building located on the Property at a total estimated cost of$730.00. Property: 52 E. Elm St.,Canton,Illinois PIN 09-08-27-416-002, also further described as: SECT/LOT: 39 JONES SECOND ADDITION W 18.6 E 119.5 N 77.9 INH BUFFET D' OM S47-1414 s , t` Rod Estimated BDD Eligible Project Costs: Costs relating to"media blasting" services and related repairs to the exterior of the building (materials contracted labor)....................................$730 Total Estimated BDD Eligible Project Costs.......................................................... $730 1 The total,cumulative reimbursement of BDD Funds for BDD Eligible Project Costs payable by the City to the Developer shall not exceed 30% of verified BDD eligible project costs incurred by the Developer or $200.00,whichever is less as set forth in this Redevelopment Agreement. 9 EXHIBIT 2 APPLICATION FOR BDD BENEFITS RELATING TO PRIVATE BDD ELIGIBLE REDEVELOPMENT PROJECT COSTS as submitted by CUP OF CANTON 52, LLC and MENG EN WANG (52 E. Elm St.) City of Canton,Illinois Canton Business Development District(BDD)No. I City of Canton,Illinois/2 N.Stain St.,Canton,IL 61520 Ph:(309)617.41M APPLICATION FOR REIMBURSEMENT OF PRIVATE BDD ELIGIBLE REDEVELOPMENT PROJECT COSTS Appsiratu Name: Jl ewS"i L J ai)-i Appircatu Nlarim};:Iddmw k5oZ C El'<1 1 5� cait cer r Z L to 1 -7v C oz5 Applicant 1Tavtinx Phone: 70 �JD C� Applic1aru Eirrrail.W.irc.,:�4 Subtcct Prupur's Sits.'1ldress: L= G jin 57 , CClli �1 J z�6/5 Subject Property's fulurn f u ally Pril"fly' I'ax ID p12 �, L Z' �o° Z Property(hurter Nairn{s)ifdifferent tkut Applicant: hi Oifa,i . Cl/eb l T1jw of Property Owk rlldW rrl+b'k Wommercial/Rcuil; ❑1'wte morcri(Nticc; ❑ lrrtlustri;* ❑ Recidenrial ►nuci rated Princo Start Bate: /d 2 and 1:.i.,A Pnpc•er Cotr lol n hale: 2117 2 r Numbc-r of rx-A lobs,if any,that wrtl be crcmcd xx a result of this Pngeet: full-time A114_ Part firm New•mitail nail asks anticipated to occur,of any,as a result of the prr5utscd irnpruccriumm S (U DOU,0 0 Tot.-d Pergected Investment nix Project:5 73 0.0T .of o•hrch 5 0," w land/budding strq•noentents. Estimated BDD Eligible Project Corte(at"-h rklrakd/rrt gird rd xriproo.u.trell a.,W,Jar omit,7Hl W»nt,r 1. Profeswontal fees(c-g.,criptu-c-rtng,architectural,legal,aeunrntinx plaru,m.rrkt•ttnt).....5 V 2, Aerttisitatn cost of larrd art)hurkhrnfts purelixuA after 3/15/3)»..-..-,.-.--....... _.._..._... 1. sm;prcpactrrin(o-g.,tkrrudunon,vxcavaruin,kveling/gr ding nrf land)..............................S t) 4. Emmor rcluab,repair,rcrruxlebr4r,rec nstr•rterun of exiomg buddinw._.».............— .,..5 0•00 5. I t •rn r n luh,repair,rerrvxkhntl n<onstrueurn of r avant,urtdt'rttuluetl space...-•-_....5 0 6. 0)mtrucurm of rx-n-bwklial;.................................._.............................................»...._..».._...5 O 7. Construction or repair of pinatc parkotq kit and/or dnccN%at.... ...... _............._......._..S 0 4. Coostrttction or rglair of public utfrastructurc......................_............ --_..._._..... ....--..---..S 0 TOTAL ESTIMATED BDD ELIGIBLE PROJECT COSTS:...................................87 y u 0 FON CITY UM SnKnd ggrlaaurm mccn cd by dw City of Cananr r m SUe: —IN t:nr I'rna,uu(unatutha Hceor ndmimt: _.►plmned t:.r Anwnmr 5 —date �i�xc:/ia•tnxhuna IaIlhb win drlrrl,r.ward) ❑ 1><nnJ R.r rvaq.m. (.n/u 1.w.rr.4r vi,n nrrl:l) Ill n).►pp4catr o At m ar.kJ to t iri*,i him m ntmaranK rn d;lk! I).uv of.\pprnrul ILA-ccligvrryn ►gm nrot:_!_! ►•rnftcd IIDD V41ibk Pn.j'ct owls. 5 lnrnmr rcnrtbtraad t„r;rry to:\pl+trcanr:5 In't:hock\o. �w Jatc-,,,_./�;__._..__ -1- 10 S. '11e City of C:antrn reserves the right u>accept IIDD applications from those Applicant,wlno undertake projtctx the City deems to be compliant with the act and for prtpcem that the C it% licbcees wig further stimulare the type of rcde+rkVmcnt that it.consistent with the(:anion Iivancs<Ikvul operant District No. t Redcveltipmcrit flan,and Pnojecu; The Canum(.itv Council shall cvcrcisc its awhonn pursuant to[he Act to rt.•imbursc pmate redvvelopnncnt prtjeet costs in such amijunts that are dcemcd tit Ix in the best interests of the cuixens of the(ky of Canton. b, applicants must,sit Wvanec of«•eciving RID funds: a)%cnty that the trim recent mal estate tax bn(s) Nice been paid Gar the Pntpern•;and h)vcrifr RI)I)eligible Mi:cct costs in An mrawnt cgted to or greater than the amount approstrl Ix' the laity C'atuncil. BDD Fuods are paid by the City of Casson 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 doe redevelopment agreement;and c. following the verification of BDD eligobk project costs that have bees incurred by the Applicant— no exceptions. 'I he City's nhlivatntn hereunder to pay RDD funds tax chgdik pntµet acts is a limited obligimin io be paid :nlchy fntrn the(:anion I111I) No. 1 tipccial'iax adkocanun Fund,unless cnht•rwisc.xvif ed in the rcdcvclttpnent wmrrunt. 7. It is the undtrstanding of du Croy and the applicant that the posumin of the Ifirrvns Department of labor is that the(llintui.prevailing WaW act does swot currently a 'to sales tax incentives,such as RDD Fund%, that arc received by private!)aeckogtcrs as rcimburscrrent ISIM Fli Able project Costs.'Iht+positron of the Dcrinrinxit of Labor is asailablc online at: h�trxc//www3iLuxnsr�ty/idol/I'.\()s/I*.yl�s/Rntiailirne- g�;.fa. iul!- any protect cows incurred by the IkvckTcr within a public riglu-of-aay or fiw which the impnryerricnts are intended to be ckdieaactl ut the City arc suhjeet to the PrMuling A'.yge act. N. \tI:Ipplieatitms are,ul>>eet m«•cew In tlx:t:ay Pmanec[kotnnrrtittir poste to(airy[]tuned approval. The undemigned certifies and warrants that to the beat of his/her knowledge the information contained in and attacked to this Application Form is we,correct,and complete and furthermore agmett in the term* And conditions provided herein. Nothing contained in thin BDD Application shall be cunatrued 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. AppIkint Signatun-/'''W' 1 1 G 1 l Bate: /O / 3 ❑ Applicant is thoe f)wncr of suNect Property. Q applicant is Tenant of Subject Pnrperty for w hich:Wvurffx;1 has bLen eo mpk-Wd and miacki.]hereto. .3- 11 APPENDIX A APPLICATION FOR REIMBURSEMENT OF PRIVATE BDD ELIGIBLE REDEVELOPMENT PROJECT COSTS Cite of CAnt011,Iltinou/2 N.Alain St.,Canton,IL 61520 Pb:(309)6474)065 TENANT-APPLICANT AFFIDAVIT Wj' the imdi:signed arc the Yrplteani atrd'1 mant of mat lomrem•located at the fo0owa*address: (PIN and hereby discloac our nttcu[as l'cn:att of said Pnapv; to incur certain eligible pmojctt come ae"I.caschuld Ittrmtcmcros"fir which tar arc reyuc,ainy,the rctmbum--okra fresh the(:s#Aw Ilmametx I kiaeoll "PiJrt.\'a i V/*t*dTk . &u(isa 1•ma/,pursuant to the teens and conditnme rnn•u1t11 hLrein BY: (,Gtr/ed-tdd'1 iewrr.Sitr.Nlwr/ (Pnttt'I mutt Nartx) Kl'.117i(IF IMNtAS t:r Il1W7Y(IF F11L7Y 1\ 1,the wrlrvt7nil 4tun Publrr.J•t hcrcln affirm that (rus••nalh.q+t•.tnJ hkm•.:te..n t4r_1.,�.! • mi n J th b-a.xtitanent ax A free xs,1,aJtrrwan x1 irJ JccJ. Xing I'sYS. ......................................._----------......_.............._.................................................................. PROPERTY OWNER-LANDLORD AFFIDAVIT A, th, matter of the Axnc•desm" real 11mlicay, I hea-bc pmctde (he 'tenant m} consent ut ( uktiakc th rmopoeed-Ieaeelutkl Imprnccments"cm the Propertt•,u'hcrcbt the'tenant shall incur ccnam cly;tblc pmleet corns for uhtch the Tcaam ra rcyuceting rotnburscrrcm from the iamlar 8attartr 0eirropmrat Oturra.\a f 1/natl'Is: 111aufron 1•hxtfpursuant tit the terms:uul eondmont,prottdcd boon. 1•unlxrnrtn, as a siputon (u rhis Applicatum. I Jo hcrcb) Jinn the (.-ie•of Canton tit mrukc the 141A)Kr.ort patrrtent auardcd be the Cloy fnr this Protect paeabk to the Temni-Applicant. BY: (is hm-,ed I'mpern Ov nnnl,mdlarrf 1,,;"urr) (Prim Pnspertv(hrrtc r-l.uxllanf\.mc :47.1 Ri(IF 11.1-IN(t15 r(it-In,cri 1.11 P(1K 1.the urttle•rgyied\nian PuWu.J•.Ixralm�fftrm that (vNxtJlt a)ry•e.mJ to b 1,•nt -n 1K_.. _ .mJ tg—i the"—St..crn w a..t frcr aW a,tlurtt n Yi nr1 JRJ .��tWl tAlh'S .4- 12 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: $ 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. 13 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 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 20 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 / 120 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: / J20 (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.