HomeMy WebLinkAboutOrdinance #4537 - Redevelopment Agreement with Ledger Real Estate, Daniel R. Fitzjarrald, Midstate Apparel, and Kara E. Fitzjarrald (53 E. Elm St. Project) 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 25TH DAY OF MARCH, 2026, ADOPTED ORDINANCE NO. 4537 , A TRUE
AND CORRECT COPY OF WHICH IS CONTAINED IN THIS PAMPHLET.
GIVEN UNDER MY HAND AND SEAL THIS 25TH DAY OF MARCH,2026.
(SEAL)
,YNDREAJ-.S ITH-WALTERS
CITY CLERK
CITY OF CANTON, ILLINOIS
ORDINANCE NO. 4537
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A
CANTON BUSINESS DISTRICT NO. 1
REDEVELOPMENT AGREEMENT
by and between
THE CITY OF CANTON, FULTON COUNTY, ILLINOIS
and
LEDGER REAL ESTATE,LLC
and
DANIEL R. FITZJARRALD
and
MIDSTATE APPAREL,LLC
and
KARA E. FITZJARRALD
(53 E. Elm St. Project)
PASSED BY THE CITY COUNCIL
OF THE CITY OF CANTON,FULTON COUNTY, ILLINOIS,
ON THE 25F"DAY OF MARCH, 2026.
PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE CITY
COUNCIL OF THE CITY OF CANTON,FULTON COUNTY,ILLINOIS,
THIS 25`"DAY OF MARCH, 2026.
EFFECTIVE: MARCH 25, 2026
ii
ORDINANCE NO. 4537
CITY OF CANTON, ILLINOIS
AN ORDINANCE APPROVING AND AUTHORIZING
THE EXECUTION OF A BUSINESS DISTRICT NO. 1 REDEVELOPMENT
AGREEMENT
by and between
THE CITY OF CANTON
and
LEDGER REAL ESTATE,LLC
and
DANIEL R. FITZJARRALD
and
MIDSTATE APPAREL,LLC
and
KARA E. FITZJARRALD
(53 E. Elm St. Project)
WHEREAS, the Mayor and City Council of the City of Canton, Fulton County, Illinois (the
"City"), have hereby determined that the Canton, Illinois Business District No. 1 Redevelopment
Agreement by and between the City of Canton and Ledger Real Estate, LLC, an Illinois Limited
Liability Company, Daniel R. Fitzjarrald,individually, Midstate Apparel, LLC, an Illinois Limited
Liability Company, and Kara E. Fitzjarrald, 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 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 the date that is twelve (12)
months from the date of execution of this Agreement.
4. The Business District Redevelopment Agreement shall be effective the date of its approval on
the 25`' day of March,2026.
iii
5. This Ordinance shall be in full force and effect from and after its passage and approval as
required by law.
PASSED APPROVED AND ADOPTED by the Mayor and City Council of the City of
Canton this 25' day of March, 2026.
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: W— Date / S /2026
Kent A. McDowell, Nhyor, City of Canton
ATTEST: /, — Date: 3 / �/2026
rndrea J. Smith-Walters, City Clerk, City of Canton
iv
ATTACHMENT:
1. EXHIBIT A. City of Canton,Illinois Business District No. 1 Redevelopment Agreement by
and between the City of Canton and Ledger Real Estate,LLC,Daniel R. Fitzjarrald, N idstate
Apparel,LLC, and Kara E. Fitzjarrald (53 E. Elm St. Project)
v
EXHIBIT A
CITY OF CANTON, ILLINOIS
BUSINESS DEVELOPEMNT DISTRICT NO. 1
REDEVELOPMENT AGREEMENT
by and between
THE CITY OF CANTON
and
LEDGER REAL ESTATE, LLC
and
DANIEL R. FITZJARRALD
and
MIDSTATE APPAREL, LLC
and
KARA E. FITZJARRALD
(53 E. Elm St. Project)
vi
CITY OF CANTON, ILLINOIS
BUSINESS DISTRICT NO. 1
REDEVELOPMENT AGREEMENT
by and between
CITY OF CANTON, ILLINOIS
and
LEDGER REAL ESTATE, LLC
and
DANIEL R. FITZJARRALD
(53 E. Elm St. Project)
and
MIDSTATE APPAREL, LLC
and
KARA E. FITZJARRALD
MARCH 25, 2026
CITY OF CANTON, ILLINOIS
BUSINESS DISTRICT NO. 1
REDEVELOPMENT AGREEMENT
by and between
CITY OF CANTON, ILLINOIS
and
LEDGER REAL ESTATE,LLC
and
DANIEL R. FITZJAR1tALD
and
MIDSTATE APPAREL,LLC
and
KARA E. FITZJARRALD
(53 E. Elm St. Project)
THIS AGREEMENT (including Exhibits, hereinafter referred to as the "Agreement") is
entered into this 25' day of March, 2026, by the City of Canton (the "City"), an Illinois Municipal
Corporation, Fulton County, Illinois, and Ledger Real Estate, LLC, and Illinois Limited Liability
Company, and Daniel R. Fitzjarrald, individually, Midstate Apparel, LLC, an Illinois Limited
Liability Company,and Kara E. Fitzjarrald,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 etseq.),as amended(the"Act"),the City established the Canton Business District
No. 1 (the "Business District" or`BD'� on March 15,20229 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, on March 3, 2026, the City approved the Second Amendment to the Business
District by approving Ordinance No. 4531;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 53 E. Elm
St. (PIN 09-08-27-412-016),which is hereinafter referred to as the "Property;" and based in part on
incentives made available by the City,the Developer shall incur costs for exterior and interior building
2
renovations, as well as parking lot improvements on the Property at a total estimated cost of
$1,153,OOO.shall incur costs (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 BD eligible project costs as described in Exhibit `I"attached
hereto and as further evidenced by the Developer's Application for Reimbursement of Private BD Eligible
Redevelopment Project 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 additional Project improvements described in Exhibit `I" and Exhibit "2"as attached hereto.
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 within twelve (12) months from the date of execution of this Agreement,
subject to exception of Force Majeurr 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. Reimbursements paid to the Developer pursuant to the terms of this Agreement,if any, shall
be payable by the City to Ledger Real Estate,LLC,unless other directed by the Developer.
6. Each of the Parties represents that it has taken all actions necessary to authorize its
representatives to execute this Agreement.
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B. 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 an amount not to exceed Thirty Percent (30%) of
the verified BD eligible project costs incurred by the Developer for the Project as
shown in "Exhibit 1,"or Three Hundred Forty-Five Thousand Nine Hundred and
00/100 Dollars ($345,900.00), whichever is less, and as may be payable solely from the
Canton BD Special Tax Allocation Fund pursuant to the Act. Such reimbursement shall be
made as follows:
a. Upon timely completion of the Project and verification of the Developer's BDD
Eligible Project Costs pursuant to Section E below, the City shall reimburse the
Developer $115,300.
b. The City shall then reimburse the Developer an additional$115,300 on or before the
one-year anniversary of the reimbursement set forth in paragraph a above.
c. The City shall then reimburse the Developer the final$115,300 on or before the two-
year anniversary of the reimbursement set forth in paragraph a above.
2. In the event the Developer fails to timely complete the Project, any further reimbursements
owed pursuant to this Agreement shall cease and this Agreement shall terminate.
Furthermore, once the Project is complete,in the event the Developer's business located on
the Property fails constant and continuous business operations on the Property for a period
of greater than 30 days at any time during the term of this Agreement, this Agreement shall
automatically terminate,no further reimbursements shall be owed by the City to the Developer
hereunder,and any reimbursements previously made by the City to the Developer hereunder
shall be repaid to the City within 10 days of written demand of the same from the City to the
Developer.
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$345,900.00.
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
4
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 the date that is twelve months from the date of execution
of this Agreement. 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 the date that is 12 months from the date of execution of this Agreement,will
not be eligible for reimbursement.
a. Upon receiving written request from the Developer on or before the date that is 12
months from the date of execution of this Agreement, 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 BD Eligible Project Costs as set forth by the BD 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 `BD
Administrator"), and the BD Administrator's approval of the BD eligible project costs and
the availability of funds in the Canton BD Special Tax Allocation Account.
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.
5
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 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 the date that is 12 months from the date of execution of this Agreement,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"
of this Agreement) and obligations (or either of them) of the Developer under this Agreement shall
not be assignable.
6
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.
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(Y) 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 Ledger Real Estate,LLC
`/o City Clerk `/o Daniel R. Fitzjarrald,Manager
2 N. Main Street 423 Enterprise Dr., Ste. 1
Canton, Illinois 61520 Canton, Illinois 61520
Ph: (309) 647-0065 Ph: (309) 224-3804
With copy to City BD Administrator. and
Jacob &Klein,Ltd. and
The Economic Development Group,Ltd. Midstate Apparel,LLC
1701 Clearwater Avenue `/o Kara E. Fitzjarrald, Manager
Bloomington, Illinois 61704 423 Enterprise Dr., Ste. 1
Ph: (309) 664-7777 Canton, Illinois 61520
Wlith copy to.
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.
7
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 upon
the Developer receiving the incentives provided for in Section "B"above. The Agreement shall
expire sooner upon the Developer filing for bankruptcy or otherwise becoming insolvent,the Property
being the subject of a foreclosure action, or upon any other 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.'
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.
1See online: httns://labor.ilhnois.go�•/.
8
T. OTHER GENERAL PROVISIONS
1. Titles of Paragrjaghs: 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. 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. Counte&parts: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.
9
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 LEDGER REAL ESTATE, LLC, an Illinois
Municip Corporation Limited Liability Company
BY:
N avor Daniel R. Fitzjarr , Manager
Date:
Date:
AT STED DANIEL R. FITZJARRALD,individually
tty Clerk BY:
Date: Daniel R. Fitzjarrald
Date: 3 y ZC r
MIDSTATE APPAREL, LLC, an Illinois
Limited Liability Company
BY: u t N A AIQ�
Kara E. Fitz)'arral a ager
Date: .3/i d7 l tnal0
KARA E. FITZJARRALD, individually
BY: ( &(, .��.m-,
Kara E. Fitz1arrald U1
��``,,
Date: 3 /e)7 IAQU
ATTACHMENTS:
Exhibit 1. Property and Estimated BD Eligible Project Costs
Exhibit 2. Application for BD Benefits Relating to Private BD Eligible Redevelopment Project Costs as
submitted by Ledger Real Estate,LLC,Daniel R. Fitzjarrald,Midstate Apparel,LLC,and Kara E. Fitzjarrald
Exhibit 3. Request for Verification of Private Redevelopment Costs
10
EXHIBIT 1
PROPERTY AND ESTIMATED BD ELIGIBLE PROJECT COSTS
Ledger Real Estate, LLC, Daniel R. Fitzjarrald,
Midstate Apparel, LLC, and Kara E. Fitzjarrald
City of Canton, Fulton County, Illinois / Canton BD No. 1
Project Description: Developer shall incur costs for exterior and interior building renovations, as
well as parking lot improvements on the Property at a total estimated cost of$1,153,000.
Property: 53 E. Elm St. (PIN 09-08-27-412-016) and further described as SECT/LOT: 21 JONES
FIRST ADDITION E 60 20
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Estimated BD Eligible Project Costs:
Interior building renovations (materials dam°contracted labor)..............................................................$433,000
Exterior building renovations (materials&contracted labor).............................................................$640,000
Professionalfees ...................................................................................................................................$10,000
Parkinglot repairs..................................................................................................................................$40,000
Site preparation (materials and contracted labor)...................................................................................... 3$ 0.000
Total Estimated BD Eligible Project Costs'......................................................�
The total, cumulative reimbursement of BD Funds for BD Eligible Project Costs payable by the City to the
Developer shall not exceed 301/6 of verified BD eligible project costs incurred by the Developer or$345,900.00,
whichever is less, as set forth in this Agreement. Land acquisition costs shall not be a BD reimbursable cost
payable pursuant to the terms of this Agreement.
12
EXHIBIT 2
APPLICATION FOR BD BENEFITS RELATING TO PRIVATE BD ELIGIBLE
REDEVELOPMENT PROJECT COSTS
as submitted by
LEDGER REAL ESTATE, LLC and
DANIEL R. FITZJARRALD
(53 E. Elm St. Project)
Citv of Canton, Illinois
Canton Busincss I)evclopmcnt District(BDD) No. 1 31r5cTo221
City of Canton,Illinois/2 N.Main St.,Cantor,IL 61520 Ph:(309)6474/165
APPLICATION FOR REIMBURSEMENT OF
PRIVATE BDD ELIGIBLE REDEVELOPMENT PROJECT COSTS
Applicant Name: Ledger Real Etttate LLC
Applicant Mailing Address: 423 Enterprise Dr-Ste 1
Applicant Daytime Phone: 309'224.3804 Applicant Email Address: dar*kemliccrnc.eom
Subject Property's Site Address:53 E.Ekn St,Canton,IL 81520
Subject Property's Fulton County Property Tax ID rt 09-M27-412-016
Property Owner Name(s)if different than Applicant:
Type of Property(rh k all that applhk MCommercial'Reta l; ❑Professional Office; ❑ Industrial; ❑ Residential
Anticipated Project Start Date: 31150M and Estimated Project Completion Date: 3/14/2027
Number of new jobs,if any,that will be created as a result of this Project: Full-time 2 Part-time 2
New artmial retail sales anticipated to occur,if any,as a result of the proposed improvements: ; .000 00
Total Projected Investment for Project:f 0M of which 30.00 is land/building improvement;.
Estimated BDD EligibIc Project Costs(attach detailed list aml derrription,as well as bins%a'ceatmrdvl wiarkl
1. Professional fees(e.g,engineering,architectural,legal,accounting,plans,marketing)._..f 1 o 000 00
2. Acquisition cost of land and buildings purchased after 3/15/2022...............................$100,000 00
3. Site preparation(e.g,demolition,excavation,leveling/grading of land)......................S 30,000 0o
4. Exteriorrehab,repair,remodeling,reconstruction of existin buildings...........................$640,000 00
5. in= rehab,repair,remodeling,reconstruction of vacant,underutilized space............$433,000 00
6. Construction of new budding ..........$0 Oo
Construction or repair of private parlong lot and/or driveway........................... .........$40.000 00
8. Construction or repair of pubkc infrastructure.............................................................f 0.00
TOTAL ESTIMATED BDD ELIGIBLE PROJECT COSTS:................................... 1 253,000 00
FOR CITY USE: _... _--
Signed sWicauon received by the City of Canton on date._ by
City Fumcc Committee Recommendation: ❑Approved for.Amount I on date:
Notes vutnictions: (a&t*e on.r:.c sr maea)
❑ Denied for reason: (aaarb scree dttml as to")
BDD Application forvmrded to City's BDD Adrr unstnrtor on date:
Date of.Approved Redevelopment Agreement._ Verified BDD Eh6ble Proms Costs: I
Amount reimbursed by City to Applicant:f by Cheek No on date
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Pi.FASIR RFAn THE FOLLOWING REQUIREMENTS ARF. I-Y
RDD reimbursements are provided fcrr RDD-eligible project costs (pursuant to 65 II.CS 5/11-74.3-1 et. mq. as
amended,the "Act' and only for such eligible project costs that are incurred and verified for redevelopment
projects undertaken within the designated RDD No. 1 Redevelopment Project Area. All RDD Applications are
reviewed by die City's finance Committee prior to approv-al of a written redevelopment agreement by the Canton
I Ity Council mid all reimbursements by the City are subject to the availability of funds.
1. Only properties located within the Canton Bust iess Development Dtstnct No. 1 Redevelopment Project
.Area(the`BDD Area"or"Area')as depicted below are eligible to apply for BDD assistance. I'o verify a
property is located within the RDD Area,contact the Spoon River Partnership for Economic Development
fix assistance: 38 N. Mani Street, Canton, IL 6152); Ph: (.309) 647-2677;or send email inquiries to
msyiva/o'cantondlinois.urK or visit online at:his:/1www.cantunillinuis.uty/ecunumic<Ieyelopment/.
i
s '
J
r 1
_ I J.
-ff
_..s r _ ..^Zst i ram.+ ,..•
•dun _ _ _ - -
_—rts
..u.Arust a Canton Business Development District No.I(First Amendment)
Sq.Mv:U•_r122 A.A1n�0.i1
_ All applicants are to attach a description of the planned improvements,estimated costs(contractor
bids,if any)of the project,and the project schedule. Concepnuil sketches,photographs mid drawings
are encouraged. The City resen-es the right to request additional information,including,but not limited to,
how die property will he utdizrd(e.g.,commerccd,residential,npc of business,etc.'.after the renovations
are completed.
3. _'111 projects undertaken with 13DD Fund.;must comply Mth applicable City of Canon design gtidelaics,
zoning ordinances and building codes.
4. A Tenant-Applicant of a building for which the rennbursement of leasehold improvements is requested
through RDD Funds must provide written consent from the. Property Owner for all proposed
unprovcments(scc Appendix A).
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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 fur flit
stimulate the type of redevelopment that is consistent with the Canton Business Development District\a.
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.
G. Applicants must,in advance of receiving BDD funds:a) verify that the most recent real estate tax bdl(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 Cotmcil 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 T.0
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 h ups://www2Jhnoisg2v/idDUFAOs%PaQes/=v�ling-
wggc fao.aspx=jlst1G»ast16. Any project costs incurred by the Developer within a public nght-of-way or for
which the improvements are intended to be dedicated to the City are subject to the Prevailing Wage Act.
8. All Applications are subject to review by the Gty 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: 02 16 2026
Applicant is the Owner of Subject Property
❑ Applicant is Tenant of Subject Property for which Appendix,4 has been completed and attached hereto.
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APPENDIX A
APPLICATION FOR REIMBIIRSEMENTOF
PRIVATE BDD ELIGIBLE REDEVELOPMENT PROJECT COSTS
City of Canton,Illinois/2 N.Main St.,Canton,IL 61520 11h:(3")647411165
([.omplelr!or ertd butlorn rafronl of this loan onh iJ the Appman!!r no!Me PrvPtAy Owner)
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 Baramess Derelopmeal DirtriA'a l
Spna l TamAllo Ohon Fria(pursuant to the terms and conditions provided herein.
111: Date:
/Arlbon_ed Termnf Sraaatasm)
Pnnt'lrnant Name)
STATE OF ILLINOIS
COUNTY OFFULTON
I,the undersigned Notary Public,do hereby affirm that pensona4 appeared before me on the�dr+
and signed the above statement as a flee and voi+many act and deed.
Notary Panic
Dort of Coemrurazr F-prr
-----------------------------------------------------'-----------.---•--------------------------•------------------------------------------
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 CsrArr Bmiaim DeA*Pm rt Didrirt Na !Spend Tax
AUatatior Fred pursuant to the terns 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.
BN: Date:
0asthem ed Propnry Oamn Cnndlord Stgnnfrn)
(Print Property Owner Landlord Name)
SPATE OF ILLINOIS
COUNTY OF FULTON
I,the undersigned Notary public,do hereby afTirm that pensona4 appeared before me on the_dr:
and signed the above Ststsment as a flee and vohustany act and deed.
Tlwary PJ/r
Dar oJCasaarrnrr Etp!F _!—!
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Ledger Real Estate LLC
423 Enterprise Dr-Suite 1
Canton,IL 61520
Date:February 16,2026
Subject:Statement of Entity Relationships and Operational Structure
To Whom It May Concern:
This letter outlines the purpose and interdependence of the business entities owned and
operated by Daniel&Kara Fitzjarrald.All entities listed below are 100%owned by the
Fitzjarrald's.
1.Ledger Real Estate LLC(Holding Company)
• Established:August 2025
• Purpose:Acts as the real estate holding entity for the property located at 53 W.Elm
St,Canton,IL.
• Role:This entity is responsible for all property-related liabilities,including
mortgages and debt incurred for the remodeling and ongoing maintenance of the
facility.
2.Midstate Apparel LLC(Operating Company)
• Established:May 2023
• Purpose:A revenue-generating retail and service business specializing in apparel
sales,alterations,and custom branding for schools,sports teams,and corporate
clients.
• Relationship:Midstate Apparel LLC will occupy the property owned by Ledger Real
Estate LLC and pay market-rate rent to that entity.
• Current Location:Midstate Apparel LLC currently operates at 423 Enterprise Dr,
Suite 2,Canton, IL.
3.Kemper Consolidated Industries Inc.(Payroll& Management)
• Established:September 2003
• Purpose:Serves as the centralized employer and management entity for several
business purposes.
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Relationship:To streamline administrative costs,Midstate Apparel LLC has no
direct employees.Instead,it pays a management fee to Kemper Consolidated
Industries Inc.to cover the reimbursement of payroll costs and HR administration.
Respectfully,
Daniel Fitzjarrald
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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 District(BD) 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.
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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 / 120
Revised 11/12/2024
THIS SECTION FOR MUNICIPAL USE
❑ Request reviewed by TIF/BD Administrator for the Municipality: Date: / /20
(name and title)
❑ Request approved by authorized municipal official: Date: / _j20
(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.
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