HomeMy WebLinkAboutOrdinance #4520 - Redevelopment Agreement with Davis Ford and John W. Davis 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 16TH DAY OF DECEMBER, 2025, ADOPTED ORDINANCE NO. 4520 , A
TRUE AND CORRECT COPY OF WHICH IS CONTAINED IN THIS PAMPHLET.
GIVEN UNDER MY HAND AND SEAL THIS 16TH DAY OF DECEMBER,2025.
(SEAL)
NDREA .SMITH-WALTERS
ITY CLERK
CITY OF CANTON, ILLINOIS
ORDINANCE NO. 4520
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION
OF THE FIRST AMENDMENT TO
BUSINESS DEVELOPMENT DISTRICT (BDD)NO. 1
REDEVELOPMENT AGREEMENT
by and between
THE CITY OF CANTON, FULTON COUNTY, ILLINOIS
and
DAVIS FORD,INC.AND JOHN W. DAVIS
(2111 N. Main St.)
PASSED BY THE CITY COUNCIL
OF THE CITY OF CANTON,FULTON COUNTY, ILLINOIS,
ON THE 16"" DAY OF DECEMBER, 2025.
PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE CITY
COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS,
THIS 16""'DAY OF DECEMBER, 2025.
EFFECTNE: DECEMBER 16, 2025
ORDINANCE NO. 4520
CITY OF CANTON,ILLINOIS
AN ORDINANCE APPROVING AND AUTHORIZING
THE EXECUTION OF THE FIRST AMENDMENT TO A
BUSINESS DEVELOPMENT DISTRICT (BDD) NO. 1
REDEVELOPMENT AGREEMENT
by and between
THE CITY OF CANTON
and
DAVIS FORD,INC.AND JOHN W. DAVIS
(2111 N. Main St.)
WHEREAS, the Mayor and City Council of the City of Canton, Fulton County, Illinois (the
"City"),have hereby determined that the First Amendment to a BDD Redevelopment Agreement by
and between the City of Canton and Davis Ford, Inc.,an Illinois Corporation,and John W. Davis,
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 First Amendment to City of Canton BDD 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 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 May 1, 2026.
4. The Redevelopment Agreement shall be effective the date of its approval on the 16`h day of
December, 2025.
5. This Ordinance shall be in full force and effect from and after its passage and approval as
required by law.
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PASSED APPROVED AND ADOPTED by the Mayor and City Council of the City of
Canton this 16`' day of December, 2025.
MAYOR&ALDERMEN AYE VOTE NAY VOTE ABSTAIN/ABSENT
x
David Pickel
x
Andra Chamberlin
x
Patrick Ketchum
x
Ralph Grimm
x
Greg Gossett
x
Justin Nelson
x
John Lovell
x
Angela Hale
x
Kent A.McDowell,Mayor
7
TOTAL VOTES
APPROVED: Datet j / _/2025
Ken A. cDowell, ayor, City o a ton
ATTEST: �411GA — Date: / _0_�2025
(ndrezaLj. Smith-Walters,City Clerk, City of Canton
ATTACHMENT:
1. EXHIBIT A. First Amendment to BDD Redevelopment Agreement by and between the
City of Canton and Davis Ford, Inc. and John W. Davis (2111 N. Main St.).
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EXHIBIT A.
CITY OF CANTON, ILLINOIS
FIRST AMENDMENT TO A
BUSINESS DEVELOPMENT DISTRICT (BDD) NO. I
REDEVELOPMENT AGREEMENT
by and between
CITY OF CANTON, ILLINOIS
and
DAVIS FORD, INC. AND JOHN W. DAVIS
(2111 N. Main St.)
THIS FIRST AMENDMENT (including Exhibits, hereinafter referred to as the
"Agreement as amended") is entered into this 16'' day of December, 2025,by and between the City
of Canton (the "City"), an Illinois Municipal Corporation, Fulton County, Illinois, and Davis Ford,
Inc., an Illinois Corporation, and John W. Davis, 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 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 2111 N.
Main St. (PIN 09-08-10-401-002), 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 replace the
roofing system over the showroom, offices, and service department at the Davis Ford dealership
located on the Property at a total estimated cost of$38,670 (the "Project");and
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
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eligible business district project costs;and
WHEREAS, on July 15, 2025, the City approved Ordinance No. 4482 and executed a
Redevelopment Agreement (the "Redevelopment Agreement"), wherein the City agreed to extend
BDD incentives to the Developer for the reimbursement of certain eligible project costs to be incurred
by the Developer on the Property as 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;and
WHEREAS,the Parties hereby agree to Amend said Redevelopment Agreement as set forth
below.
AMENDMENT
NOW, THEREFORE, for good and valuable consideration, the receipt of which is
acknowledged, the Parties agree as follows:
A. AMENDMENT TO SECTION "A. PRELIMINARY STATEMENTS"
SectionA(3)of the Redevelopment Agreement shall be deleted in its entirety and replaced with the
following:
3. The Developer agrees to complete the Project and verify eligible project costs as required in
Section "E"below on or before May 1,2026, subject to exception of Force Majeure as
described in Section "I"of this Agreement as herein amended.
B. AMENDMENT TO
SECTION "E. PAYMENT OF ELIGIBLE PROJECT COSTS"
Section E(1) of the Redevelopment Agreement is hereby deleted in its entirety and replaced with
the following:
1. To receive the incentives set forth in Section "B" the Developer must submit documentation
using the Reque t for Verification of Eligible Project Costs form attached hereto as Exhibit"3"(also
referred to as the "Requisition") to provide evidence of all BDD Eligible Project Costs
incurred by it with respect to the Project on or before May 1,2026. 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,
including initial remedial BDD eligible repairs and renovation costs incurred for this Project
on or after September 12,2024. Absent the City's written consent for an extension provided
to the Developer, any costs submitted after May 1, 20269 will not be eligible for
reimbursement.
Section E(2) of the Redevelopment Agreement is hereby deleted in its entirety and replaced with
the following:
2. Absent the City's written consent for an extension provided to the Developer, any costs
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submitted after May 1,2026,will not be eligible for reimbursement. Upon receiving written
request from the Developer on or before May 1,2026,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)"as amended above.
C. AMENDMENT TO
SECTION "I.TIME; FORCE MAJEURE"
Section I of the Redevelopment Agreement is hereby deleted in its entirety and replaced with
the following:
For this Agreement,time is of the essence. The Developer agrees to complete the Project on
or before May 1, 2026, 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' of the Redevelopment
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 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.
D. AMENDMENT TO
SECTION "R. TERM OF THE AGREEMENT"
Section R of the Redevelopment Agreement is hereby deleted in its entirety and replaced with
the following:
Subject to Section "B(2)"as herein amended and notwithstanding anything in this Agreement
to the contrary, this Agreement shall expire on May 1, 2026, or upon the Developer receiving the
incentives provided for in Section `B"above. The Agreement shall expire sooner upon default by
the Developer of this Agreement after applicable notice and cure periods.
E. PRIOR AGREEMENT TERMS APPLY
All terms of the Redevelopment Agreement and any Exhibits attached thereto shall apply to
this First Amendment and remain effective unless specifically modified by this First Amendment to
the Redevelopment Agreement.
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THIS FIRST AMENDMENT TO THE REDEVELOPMENT 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 DAVIS FORD, INC.,an Illinois Corporation
Municipal Corporation
BY:
BY: r)hn W. Davis,President
yo
Date: Date: 12/18/2025
ATTESTED BY: JOHN W. DAVIS,individually
City Clerk v� �hn W. Davis
Date: 12/18/2025
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