HomeMy WebLinkAboutOrdinance #4560 - Redevelopment Agreement with Encore Dance Academy/West Locust Canton/Angela Orwig 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
2NrD DAY OF JUNE, 2026, ADOPTED ORDINANCE NO. 4560, A TRUE AND CORRECT
COPY OF WHICH IS CONTAINED IN THIS PAMPHLET.
GIVEN UNDER MY HAND AND SEAL THIS 2ND DAY OF JUNE, 2026.
(SEAL)
i
NDREA SMITH-WALTERS
ITY CLERK
CITY OF CANTON, ILLINOIS
ORDINANCE NO. 4 5 6 0
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A
FIRST AMENDMENT TO THE REDEVELOPMENT AGREEMENT
by and between
THE CITY OF CANTON, FULTON COUNTY, ILLINOIS
and
ENCORE DANCE ACADEMY,L.L.C.
and
WEST LOCUST CANTON,L.L.C.
and
ANGELA ORWIG
PASSED BY THE CITY COUNCIL
OF THE CITY OF CANTON,FULTON COUNTY, ILLINOIS,
ON THE 2ND DAY OF JUNE, 2026.
PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE CITY
COUNCIL OF THE CITY OF CANTON,FULTON COUNTY, ILLINOIS,
THIS 2ND DAY OF JUNE,2026.
EFFECTIVE: JUNE 2, 2026
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CITY OF CANTON, ILLINOIS: ORDINANCE NO. 4560
CANTON 2—RT. 9/CHESTNUT ST.
TAX INCREMENT FINANCING (TIF) DISTRICT
and
CANTON BUSINESS DISTRICT (BD) NO. 1
AN ORDINANCE APPROVING AND AUTHORIZING
THE EXECUTION OF A FIRST AMENDMENT TO THE
REDEVELOPMENT AGREEMENT
by and between
THE CITY OF CANTON
and
ENCORE DANCE ACADEMY,L.L.C.
and
WEST LOCUST CANTON,L.L.C.
and
ANGELA ORWIG
BE IT ORDAINED BY THE CITY OF CANTON, FULTON COUNTY, ILLINOIS
THAT:
1. The First Amendment to the Redevelopment Agreement with Encore Dance Academy,
L.L.C. and Angela Orwig(ExhibitA attached) is hereby approved.
2. The Mayor is hereby authorized and directed to enter into and execute on behalf of the City
said First Amendment to the Redevelopment Agreement and the City Clerk of the City of
Canton is hereby authorized and directed to attest such execution.
3. The First Amendment to the Redevelopment Agreement shall be effective the date of its
approval on the 2"d day of June, 2026.
4. This Ordinance shall be in full force and effect from and after its passage and approval as
required by law.
(Tbe remainder of this page is intentionally left blank.)
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PASSED, APPROVED AND ADOPTED by the Corporate Authorities of the City of Canton,
Fulton County, Illinois, on the 2"d day of June, 2026, and deposited and filed in the Office of the City
Clerk of said City on that date.
MAYOR&ALDERMEN AYE VOTE NAY VOTE ABSTAIN/ABSENT
Dave Pickel
Andra Chamberlin
Patrick Ketcham
Ralph Grimm
Greg Gossett
Justin Nelson
John Lovell
Angela Hale
Kent A.McDowell,Mayor
TOTAL VOTES 5
APPROVED: —, Date: Ob /0;7--/2026
en A. McDowell, Mayef, City of Can on
ATTEST: t ,
A/xDate: (e / �/2026
ndrea Smith-Walters, City Clerk, City of Canton
ATTACHMENTS:
EXHIBIT A. FIRST AMENDMENT TO THE REDEVELOPMENT AGREEMENT BY AND BETWEEN THE
CITY OF CANTON AND ENCORE DANCE ACADEMY, L.L.C. WEST LOCUST CANTON, L.L.C. AND
ANGELA ORWIG.
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EXHIBIT A
CANTON 2—RT. 9/CHESTNUT ST.
TAX INCREMENT FINANCING (TIF) DISTRICT
and
CANTON BUSINESS DISTRICT (BD) NO. 1
FIRST AMENDMENT TO THE REDEVELOPMENT AGREEMENT
by and between
THE CITY OF CANTON
and
ENCORE DANCE ACADEMY,L.L.C.
and
WEST LOCUST CANTON, L.L.C.
and
ANGELA ORWIG
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CANTON 2 - RT. 9/CHESTNUT ST.
TAX INCREMENT FINANCING DISTRICT
and
CANTON BUSINESS DISTRICT NO. 1
FIRST AMENDMENT TO THE
REDEVELOPMENT AGREEMENT
by and between
CITY OF CANTON, FULTON COUNTY, ILLINOIS
and
ENCORE DANCE ACADEMY,L.L.C.
and
WEST LOCUST CANTON, L.L.C.
and
ANGELA ORWIG
JUNE 2, 2026
CANTON 2— RT. 9/CHESTNUT ST.TIF DISTRICT and CANTON BD NO. 1
FIRST AMENDMENT TO THE REDEVELOPMENT AGREEMENT
by and between
CITY OF CANTON
and
ENCORE DANCE ACADEMY, L.L.C.
and
WEST LOCUST CANTON, L.L.C.
and
ANGELA ORWIG
THIS FIRST AMENDMENT REDEVELOPMENT AGREEMENT (including
Exhibits) is entered into this 2"d day of June, 2026, by the City of Canton (the "City"), an Illinois
Municipal Corporation, Fulton County, Illinois, and Encore Dance Academy, L.L.C., an Illinois
Limited Liability Company,and West Locust Canton,L.L.C.,an Illinois Limited Liability Company,
and Angela Orwig, individually (collectively the "Developer'. Hereinafter the City and the
Developer, for convenience,may collectively be referred to as the"Parties".
PREAMBLE
WHEREAS, the City has the authority to promote the health,safety,and welfare of the City
and its citizens and to prevent the spread of blight and deterioration and inadequate public facilities
by promoting the development of private property thereby increasing the tax base of the City and
providing employment for its citizens;and
WHEREAS, pursuant to 65 ILCS 5/8-1-2.5, a municipality may appropriate and expend
funds for economic development purposes, including without limitation for commercial enterprises
that are deemed necessary or desirable for the promotion of economic development within the
community;and
WHEREAS,pursuant to the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-
74.4.4 et. seq., as amended (the"TIF Act' ,the City has the authority to provide incentives to owners
or prospective owners of real property to develop, redevelop, and rehabilitate such property by
reimbursing the owners for certain costs from resulting increases in real estate tax revenues;and
WHEREAS,on February 6,2012,recognizing the need to foster the development,expansion
and revitalization of certain properties which are vacant, underutilized, or undeveloped, the City
adopted Tax Increment Financing under the TIF Act, approved a Redevelopment Plan, and
designated a Redevelopment Area known as the"Canton 2—Rt.9/Chestnut St.TIF District"and
hereinafter referred to as the"TIF District';and
WHEREAS, on June 3, 2025, the Parties entered into a Redevelopment Agreement (the
"Original Agreement") for property located at 1000 W. Locust St.,Canton,Illinois,(PIN 09-08-28-
300-010, the "Property") that was acquired by the Developer in 2024 and is located within the TIF
District Redevelopment Project Area;and
WHEREAS, said Property is also located within the City of Canton Business District (BD)
No. 1 Redevelopment Project Area, which was established by the City on March 15, 2022, by
Ordinance No.4281,amended on September 20,2022 by Ordinance No.4307 and further ratified on
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October 25, 2022 by Ordinance No. 4315, and amended on March 3, 2026 by Ordinance No. 4531,
pursuant to the Business District Development and Redevelopment Act, 65 ILCS 5/11-74.3 et. seq.
(the`BD Act' ;and
WHEREAS, pursuant to the BD Act, the City has the authority to incur eligible business
district project costs and may enter into agreements with developers to reimburse them for their
eligible business district project costs;and
WHEREAS, the Developer has acquired the Property and intends to repair, renovate and
rehabilitate the commercial building located thereon for operation of the `Encore Dance Academy"(the
"Project', and the Developer has secured the Property Landlord's consent for undertaking the
Project based upon incentives made available by the City;and
WHEREAS, it is the intent of the City to encourage economic development which will
increase the real estate tax base of the City,which increased incremental taxes will be used,in part,to
finance incentives to assist development within the TIF District;and
WHEREAS, the Developer's proposed Project is consistent with the TIF District
Redevelopment Plan and Projects for the Redevelopment Project Area and shall further conform to
the land uses of the City as adopted;and
WHEREAS, the Developer requested that incentives for the development be provided by
the City from incremental increases in real estate taxes of the City generated from its Project and the
City agreed to such incentives;and
WHEREAS, the City has determined that this Project required the incentives requested as
set forth herein and that said Project will,as a part of the Plan,promote the health,safety and welfare
of the City and its citizens by attracting private investment to prevent blight and deterioration and to
generally enhance the economy of the City;and
WHEREAS, the City has reviewed the conditions of the Property and has reason to believe
that the costs of the necessary public and private improvements to be incurred by the Developer in
furtherance of the Project are eligible project costs under the TIF Act and BD Act and are consistent
with the Redevelopment Plans of the City;and
WHEREAS, the City is entering into this Agreement having encouraged and induced the
Developer to proceed with the Project located on said Property.
FIRST AMENDMENT
NOW,THEREFORE,the Parties,for good and valuable consideration,the receipt of which
is acknowledged,agree to amend the terms of the Original Agreement as follows:
A. AMENDED "A. PRELIMINARY STATEMENTS"
SectionA(4)of the Original Agreement shall be deleted in its entirety and replaced with the following:
4. The Developer shall complete the Project on or before December 31, 2026, subject to
extension due to Force Majeure (defined below). The Project shall be deemed to be
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complete when the repairs, renovations, and rehabilitation of the building located on the
Property (Exhibit "I") have been completed and the Encore Dance Academy is operating
and open to the public.
B. AMENDED "L.TIME; FORCE MAJEURE"
Section L of the Original Agreement shall be deleted in its entirety and replaced with the following:
For this Agreement,time is of the essence.The Developer agrees to complete this Project on
or before December 31, 2026. Failure to do so shall be cause for the City to declare the Developer
in default and unilaterally terminate this Agreement. However, the Developer and the City shall not
be deemed in default with respect to any obligations of this Agreement on its part to be performed if
the Developer or City fails to timely perform the same and such failure is due in whole,or in part,to
any strike,lock-out,labor trouble(whether legal or illegal),civil disorder,inability to procure materials,
weather conditions wet soil conditions,failure or interruptions of power,restrictive governmental laws
and regulations, condemnation,riots,insurrections,war, fuel shortages, accidents, casualties,Acts of
God, acts caused directly or indirectly by the City (or the City's agents, employees or invitees) when
applicable to Developer or third parties, or any other cause beyond the reasonable control of
Developer or the City.
C. PRIOR AGREEMENT TERMS APPLY
All terms of the Original Agreement and any Exhibits thereto shall remain in effect and apply to this
First Amendment unless specifically modified by this First Amendment.
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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 First Amendment to the
Redevelopment 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 ENCORE DANCE ACADEMY, L.L.C., an
Municipal Corporation Illinois Limited Liabili Company
BY: 'v� BY:
Kent A. McDowell,/May r ngela O g,Manager
Date: (a � Date: ( nlsl
WEST LOCUST CANTON, L.L.C., an
:TT
E TED BY: Illinois Limited Liability Company
drea`Falters-Smith, ity Clerk nge 4la ig, anager
Date:
Date:
nAngeZla
ORWIG,individually
g
Date:
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