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HomeMy WebLinkAboutResolution #4016 - agreement with thomas l hicks regarding demolition of 323 johnson court RESOLUTION NO. 4016 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND THOMAS L. HICKS REGARDING THE DEMOLITION OF 323 JOHNSON COURT IN THE CITY OF CANTON, IL. WHEREAS, the Public Works, Water and Sewer Committee of the City of Canton has determined that it is necessary and in the best interest of the City of Canton to enter into an Agreement with Thomas L. Hicks as owners of 323 Johnson Court in regard to an agreed demolition, as set forth in Exhibit A attached hereto and incorporated herein; and WHEREAS, the City Council of the City of Canton has made a similar determination. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COLJNTY, ILLINOIS, as follows: 1. That the Agreement attached hereto and incorporated herein as Exhibit A is hereby approved by the City of Canton. 2. That the Mayor and Clerk of the City of Canton, Illinois are hereby authorized and directed to execute said Agreement on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor and City Clerk thereof. Passed by the City Council of the City of Canton, Illinois, at a regular meeting this 5 day of February, 2013, on a roll call vote as follows: AYES: Aldermen Pickel, Hartford, Schenck, Pasley, West, Fritz, Ellis, Nelson NAYS: None ABSENT: None APPROVED: / l ~f / / y~ ~ /f Kevin R. Meade, ayor ATTES : Diana Pavley, City Clerk PREPARED BY AND RETURN TO: CHRISSIE PETERSON CITY ATTORNEY CITY OF CANTON 2 North Main Street Canton, IL 61520 AGREEMENT THIS AGREEMENT made and entered into this day of , 2013, between the City of Canton, an Illinois municipal corporation, (hereinafter referred to as the "First Party") and THOMAS L. HICKS, who resides at 327 Johnson Court, Canton, Illinois 61520 (hereinafter referred to as the "Second Party"). Second Party represents that he is the legal owner of the property commonly known as 323 Johnson Court, Canton, Illinois, there are no outstanding liens or encumbrances and he is duly authorized to enter into this Agreement with First Party. In consideration of the First Party's forbearance from further prosecuting its cause of action against Second Party; and Further, in consideration of the waiver of Second Party of his right to present defenses to resist said cause of action; and Further, in consideration of the mutual covenants, agreements and stipulations of the parties, the parties do hereby agree as follows: 1. Parties agree that the structure located at 323 Johnson Court, in the City of Canton, Illinois, is a dangerous, and unsafe building as defined in Sec. 6-18-12 of the Code of the City of Canton and that it is not economically feasible for the Second Party to repair said structure, which is legally described as follows: Lot Number Eleven (11) and also a part of Lot Number Thirteen (13) in Stockdale's Subdivision of Lot Number One (1) in French's Addition to Canton, Fulton County, Illinois, described as follows: Beginning at a point 66.66 feet to the North of the Southeast corner of said Lot Number 13; thence West 104.5 feet to the Southeast corner of Lot Number 11; thence North 66.66 feet to the Northeast corner of Lot Number 11; thence East 104.5 feet; thence South 66.66 feet to the point of beginning, Fulton County, Illinois. TAX ID NUMBER: 09-08-27-317-002 PROPERTY ADDRESS: 323 Johnson Court, Canton, Illinois, 61520 2. The Second Party agrees and consents to permit the City to enter upon the premises and demolish or cause to be demolished the structure at the above address in Paragraph 1 in the City of Canton and County of Fulton, Illinois. 3. The First Party agrees to enter upon the premises and demolish or cause to be demolished said structure. 4. The Second Party agrees to reimburse the City of Canton for the amount of the cost of the demolition, including the filing fee of this Agreement, providing that such cost shall not exceed the sum of Seven Thousand, One Hundred Twenty-one Dollars ($7,121.00): $7,075.00 for the cost of demolition and $46.00 for recording fees. 5. The Second Party agrees to make payments in the amount of $197.80 per month, and such payments shall commence on the 1 St day of March, 2013, and shall be payable on the first day of each AND EVERY MONTH THEREAFTER UNTIL THE BALANCE HAS BEEN FULLY PAID. In the event that the property is not demolished by the lst day of March, 2013, Second Party agrees to commence payments within 30 days from receiving an invoice from the City of Canton's Accounts Receivable Department. 6. The Second Party agrees that this Agreement shall serve as a lien on the property until fully paid; said Agreement to be filed with the Fulton County Recorder of Deeds. In the event of the failure of Second Party to pay an installment hereunder at the time herein fixed, the entire sum payable hereunder shall at once become due and payable at the option of the City of Canton in any instance and failure by the City to demand that the balance be paid in full shall not be deemed a waiver thereof and shall not be construed as a bar of impediment to the exercise of such option in any other instance. FIRST PARTY: SECOND PARTY: City of Canton, a municipal corporation By: Kevin R. Meade, Mayor Thomas L. Hicks Owner, 323 Johnson Court ATTEST: By: Diana Pavley, City Clerk PREPARED BY AND RETURN TO: CHRISSIE PETERSON CITY ATTORNEY CITY OF CANTON 2 North Main Street Canton, IL 61520 AGREEMENT i . THIS AGREEMENT made and entered into this Vr' day of r~~~~•~~: , 2013, between the City of Canton, an Illinois municipal corporation, (hereinafter referre to as the "First Party") and THOMAS L. HICKS, who resides at 327 Johnson Court, Canton, Illinois 61520 (hereinafter referred to as the "Second Party"). Second Party represents that he is the legal owner of the property commonly known as 323 Johnson Court, Canton, Illinois, there are no outstanding liens or incumbrances and he is duly authorized to enter into this Agreement with First Party. In consideration of the First Party's forbearance from further prosecuting its cause of action against Second Party; and Further, in consideration of the waiver of Second Party of his right to present defenses to resist said cause of action; and Further, in consideration of the mutual covenants, agreements and stipulations of the parties, the parties do hereby agree as follows: 1. Parties agree that the structure located at 323 Johnson Court, in the City of Canton, Illinois, is a dangerous, and unsafe building as defined in Sec. 6-18-12 of the Code of the City of Canton and that it is not economically feasible for the Second Party to repair said structure, which is legally described as follows: Lot Number Eleven (11) and also a part of Lot Number Thirteen (13) in Stockdale's Subdivision of Lot Number One (1) in French's Addition to Canton, Fulton County, Illinois, described as follows: Beginning at a point 66.66 feet to the North of the Sourheast corner of said Lot Number 13; thence West 104.5 feet to the Southeast corner of Lot Number 11; thence North 66.66 feet to the Northeast corner of Lot Number 1 l; thence East 104.5 feet; thence South 66.66 feet to the point of beginning, Fulton County, Illinois. TAX ID NUMBER: 09-08-27-317-002 PROPERTY ADDRESS: 323 Johnson Court, Canton, Illinois, 61520 1 ~ • 2. The Second Party agrees and consents to permit the City to enter upon the premises and demolish or cause to be demolished the structure at the above address in Paragraph 1 in the City of Canton and County of Fulton, Illinois. 3. The First Party agrees to enter upon the premises and demolish or cause to be demolished said structure. 4. The Second Party agrees to reimburse the City of Canton for the amount of the cost of the demolition, including the filing fee of this Agreement, providing that such cost shall not exceed the sum of Seven Thousand, One Hundred Twenty-one Dollars ($7,121.00): $7,075.00 for the cost of demolition and $46.00 for recording fees. 5. The Second Party agrees to make payments in the amount of $197.80 per month, and such payments shall commence on the 1 St day of March, 2013, and shall be payable on the first day of each AND EVERY MONTH THEREAFTER iJNTIL THE BALANCE HAS BEEN FULLY PAID. In the event that the property is not demolished by the 1 St day of March, 2013, Second Party agrees to commence payments within 30 days from receiving an invoice from the City of Canton's Accounts Receivable Department. 6. The Second Party agrees that this Agreement shall serve as a lien on the property until fully paid; said Agreement to be filed with the Fulton County Recorder of Deeds. In the event of the failure of Second Party to pay an installment hereunder at the time herein fixed, the entire sum payable hereunder shall at once become due and payable at the option of the City of Canton in any instance and failure by the City to demand that the balance be paid in full shall not be deemed a waiver thereof and shall not be construed as a bar of impediment to the exercise of such option in any other instance. FIRST PARTY: SECOND PARTY: City of Canton, ~a~mun~c;ipal corparation ; _".7 F~` J `~l .~/llJ~'DL~,~- L, ~ ! By: evin R Meade, Mayor Thomas L. Hicks Owner, 323 Johnson Court ATTEST: By: 'ana Pavley, City erk 2 , . - 1 ,..3~.::~~'F~~ i JA?IE~~ T . NEL'~C~N C:GUNTY CLERH & REG~tRI>Ek ~'ULTDN CC~UNTY, IL PREPARCD BY AND RETURN TO: REGGRI~ET1 GN CHRISSIE PETERSON ~?~t~~~,,,y~l i ~0:2y:58A~ CITY ATTORNEY FEE: 46. CITY OF CANTON N~,~~s ~ 4 2 North Main Street Canton, IL 61520 AGREEMENT THIS AGREEMENT made and entered into this ~ day of r ~~G~~«<: N , 2013, between the City of Canton, an Illinois municipal corporation, (hereinafter referre to as the "First Party") and THOMAS L. HICKS, who resides at 327 Johnson Court, Canton, Illinois 61520 (hereinafter referred to as the "Second Party"). Second Party represents that he is the legal owner of the property commonly known as 323 Johnson Court, Canton, Illinois, there are no outstanding liens or incumbrances and he is duly authorized to enter into this Agreement with First Party. In consideration of the First Party's forbearance from further prosecuting its cause of action against Second Party; and Further, in consideration of the waiver of Second Party of his right to present defenses to resist said cause of action; and Further, in consideration of the mutual covenants, agreements and stipulations of the parties, the parties do hereby agree as follows: l. Parties agree that the structure located at 323 Johnson Court, in the City of Canton, Illinois, is a dangerous, and unsafe building as defined in Sec. 6-18-12 of the Code of the City of Canton and that it is not economically feasible for the Second Party to repair said structure, which is legally described as follows: Lot Number Eleven (11) and also a part of Lot Number Thirteen (13) in Stockdale's Subdivision of Lot Number One (1) in French's Addition to Canton, Fulton County, Illinois, described as follows: Beginning at a point 66.66 feet to the North of the Sourheast corner of said Lot Number 13; thence West 104.5 feet to the Southeast corner of Lot Number 11; thence North 66.66 feet to the Northeast corner of Lot Number 11; thence East 104.5 feet; thence South 66.66 feet to the point of beginning, Fulton County, Illinois. TAX ID NUMBER: 09-08-27-317-002 PROPERTY ADDRESS: 323 Jolulson Court, Canton, Illinois, 61520 ~ r. 2. The Second Party agrees and consents to permit the City to enter upon the premises and demolish or cause to be demolished the structure at the above address in Paragraph 1 in the City of Canton and County of Fulton, Illinois. 3. The First Party agrees to enter upon the premises and demolish or cause to be demolished said structure. 4. The Second Party agrees to reimburse the City of Canton for the amount of the cost of the demolition, including the filing fee of this Agreement, providing that such cost shall not exceed the sum of Seven Thousand, One Hundred Twenty-one Dollars ($7,121.00): $7,075.00 for the cost of demolition and $46.00 for recording fees. _ . l he ~econd I'arty agrees to make payments in the amount of 137:8D pe"r month, ana sucfi-" payments shall commence on the lst day of March, 2013, and shall be payable on the first day of each AND EVERY MONTH THEREAFTER UNTIL THE BALANCE HAS BEEN FULLY PAID. In the event that the property is not demolished by the lst day of March, 2013, Second Party agrees to commence payments within 30 days from receiving an invoice from the City of Canton's Accounts Receivable Department. ` 6. The Second Party agrees that this Agreement shall serve as a lien on the property until fully paid; said Agreement to be filed with the Fulton County Recorder of Deeds. In the event of the failure of Second Party to pay an installment hereunder at the time herein fixed, the entire sum payable hereunder shall at once become due and payable at the option of the City of Canton in any instance and failure by the City to demand that the balance be paid in full shall not be deemed a waiver thereof and shall not be construed as a bar of impediment to the exercise of such option in any other instance. FIRST PARTY: SECOND PARTY: City of Canton, a r~unicipal corporation ` ~ ~ ~ By: G H-~. ,;~'`Kevin . Meade, I~ayor Thomas L. Hicks Owner, 323 Johnson Court ATTEST: By: iana Pavley, City erk 2