Loading...
HomeMy WebLinkAboutResolution #3511RESOLUTION NO. 3511 A RESOLUTION AUTHORIZING THE EXECUTION OF DOCUMENTS TO FORBEAR DEMOLITION PROCEEDINGS OF THE CAPITOL THEATER BUILDING WHEREAS, the Legal and Ordinance Committee of the Canton City Council has approved in concept the plan to obtain an order for demolition of the Capitol Theater Building, also known as the Masonic Temple Building, and to thereafter forbear such demolition in order that the building might be made safe from collapse by Kermit A. Huber, doing business as Kert Huber Development who further plans to thereafter renovate said building; and, WHEREAS, a Consent Order for Demolition was entered by the Circuit Court of the Ninth Judicial Circuit after an evidentiary hearing on the merits on February 14, 2000; and, WHEREAS, an Agreement to Forebear Demolition has been prepared which allows Huber to acquire title to the property, make the structures safe from collapse and to submit plans and specifications to the City for repairs by March 15, 2000 which plans and specifications must be approved by the City or the Forbearance Agreement will be terminated; and, WHEREAS, Huber will provide $1,000,000 liability insurance coverage; and, WHEREAS, the Forbearance Agreement may be terminated for failure to obtain approval by the City by March 15, 2000 or by termination notice from Huber by that date or failure to make repairs by April 15, 200; and, WHEREAS, if Huber makes repairs, the City, after a reasonable time will cause the demolition order to be vacated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the Mayor and City Clerk be authorized to execute on behalf of the City the documents entitled "Agreement to Forebear Demolition Proceedings which is appended and made a part of this Resolution. 2. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois, at a regular meeting this 15th day of February, 2000, upon a roll call vote as follows: AYES: Aldermen ray, Shores, r'leade, Nidiffer, Phillips, Sarff, Hartford. NAYS: None. ABSENT: Alderman. Nblleck, AP OVED: ~L ~~~ Donald E. Edwards, Mayor Attest: Nancy Whites, ity Clerk. AGREEMENT TO FOREBEAR DEMOLITION PROCEEDINGS This Agreement to Forebear Demolition Proceedings ("Agreement") is made and entered into this 16th day of February, 2000 with the City of Canton, Illinois ("City"), and Kermit A. Huber d/b/a Kert Huber Development ("Huber"). WITNESSETH: WHEREAS, Huber is interested in acquiring title to the real property described on the attached Exhibit "A" and which is commonly known as the Capital Theater Building ("Real Property") from Fulton Square Food Center, Inc. ("Fulton") and Capital Recreation, Inc. ("Capital"); WHEREAS, City has commenced demolition proceedings against Fulton, Capital and the Real Property to demolish the structures located thereon in the Circuit Court of the Ninth Judicial Circuit ("Court"),Fulton County, Illinois as Case Number 2000-MR-02 ("Demolition Proceeding"); WHEREAS, a hearing on the merits was held by the Court on February 14, 2000 and a consent demolition order ("Order") was entered by the Court (a copy of the Order is attached as Exhibit "B"); WHEREAS, all parties are desirous of having Huber acquire title to the Real Property and, within a reasonable time, make the structures on the Real Property safe from collapse so as to reopen that portion of East Side Square Street which has been closed since December 22, 1999; WHEREAS, Huber is not willing to acquire title to the Real Property with the imminent threat of the execution of the Order; and WHEREAS, the City is willing to forebear execution of the Order for a period of a time to allow Huber to make the structures safe from collapse; NOW THEREFORE, inconsideration of the mutual promises, covenants, and conditions herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Huber's Obli ations. Huber hereby agrees to do the following: a. Execute an Acquisition Agreement For Real Property ("Acquisition Agreements") with Fulton and Capital on this date in the form attached as Exhibits "C" and "D:, respectively; b. Thirty days after the closing, as defined in the Acquisition Agreements, repair the structures on the Real Property, in accordance with the plans and specifications approved in subparagraph (c) below, so that the danger of Page 1 of 4 collapse is minimized to the extent that East Side Square Street may be reopened ("Repairs"). c. In order to determine exactly what the Repairs shall be Huber and the City's structural engineer, David Maurer ("Maurer"), shall prepare plans and specifications which detail the Repairs. The plans and specifications shall be prepared and agreed upon by Huber and Maurer and presented and accepted by the appropriate official of the City on or before March 15, 2000 (it being expressly understood that if Huber and Maurer cannot reach agreement on the exact plans and specifications or if the appropriate off cial of the City does not accept the plans and specifications which constitute the Repairs then Huber may give written notice to the City of termination of this Agreement and neither party shall have any further obligation to the other). d. Immediately after closing, as defined in the Acquisition Agreement, Huber shall provide to City proof of current liability insurance in the amount of $1,000,000.00 insuring the Real Property and its structures. 2. Ci 's Obli ations. City hereby agrees to do the following: a. Upon execution of the Acquisition Agreements by Huber on or before February 16, 2000, the City shall forebear from any further execution of the Order, including the filing of any claim for lien, until the earlier of 1) written notice by Huber, on or before March 15, 2000, that the Acquisition Agreement and/or this Agreement has been terminated and no closing will occur ("Termination Notice"); or 2) the Repairs have not been made by Huber on or before April 14, 2000. b. In the event the Termination Notice is ~ received by March 15, 2000 the City shall be entitled to proceed with the demolition claim against Fulton and Capital as provided in the Order. c. In the event the Repairs are not made by Huber by April 14, 2000 the City may substitute Huber as the defendant in the Demolition Proceeding and proceed to prosecute the case as provided in the Order. d. After (and if) the repairs have been made by Huber, the City shall, within a reasonable time, cause the Order to be vacated. Time of the Essence. Time for Performance of the Obligations of the Party's of the Essence of this Contract. 4. Notices. Any Notice required under this Agreement shall be in writing and shall be deemed served upon a Party when personally delivered, deposited for mailing by first class mail, or sent to facsimile with written confirmation byfirst-class mail deposited Page 2 of 4 the same day to the Party or their attorney at the addresses and facsimile numbers set forth herein. Notice shall be deemed delivered when actually delivered ifby personal delivery, when deposited for mailing if sent by first-class mail and when sent by facsimile with written confirmation. Huber: Kert Huber Development P.O. Box 5605 Peoria, IL 61601 PH: (309) 673-3000 Fax: (309) 673-3004 With a copy to: Robert J. Coletta DAVIS & CAMPBELL L.L.C. 401 Main Street, Suite 1600 Peoria, Illinois 61602 PH:(309) 673-1681 Fax: (309) 673-1690 City: City of Canton 210 E. Chestnut Canton, IL 61520 PH: (309) 647-0020 Fax: (309) 647-1310 Attn: James J. Elson, Sr. City attorney KERT HUBER DEVELOPMENT By: Kermit A. Huber CITY O ANTON ~J BY~ c~ Donald E. Edwards, Mayor ATTEST: By: ~, Nancy S. 'tes, City Clerk APPROVED AS TO FORM: By: James J. Elson, Sr., City attorney David Maurer, Structural Engineer (For purposes of paragraph 1 only) 300-136.wpd Page 3 of 4 STATE OF ILLINOIS ) SS COUNTY OF PEORIA ) I, a Notary Public in and for the county and State aforesaid, hereby certify that KERMIT A. HUBER, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me on this day in person, and acknowledged that he signed and delivered the said instrument as his free and voluntary act for the purposes and uses therein set forth. Given under my hand and notarial seal this day of , 2000. Notary Public STATE OF ILLINOIS ) SS COUNTY OF PEORIA ) I, a Notary Public in and for the county and State aforesaid, hereby certify that Donald E. Edwards, Nancy S. Whites, James J. Elson, Sr., in their capacity as Mayor, City Clerk and City attorney, respectively, and who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me on this day in person, and acknowledged that they signed and delivered the said instrument as their free and voluntary act. Given under my hand and notarial seal this day of , 2000. Notary Public 300-136.wpd Page 4 of 4 EXHIBIT "A" TO AGREEMENT TO FOREBEAR DEMOLITION PROCEEDINGS Property Description PARCEL 1: Part of Lot 10 of Jones' First Addition to the City of Canton, situated in Fulton County, Illinois, described as follows: Beginning at the Northwest corner of said Lot 10, running thence East 182 feet to the East line of said Lot, thence South 20 feet, thence West 104 feet, thence South 17 feet 4 %2 inches, thence West 78 feet to the West line of said Lot 10, thence North 37 feet 4 %z inches to the place of beginning. PARCEL 2: Part of Lot 10 of Jones' First Addition to the City of Canton, situated in Fulton County, Illinois, described as follows: Beginning at the Southwest comer of said Lot 10, running thence East 78 feet, thence North 37 feet 4 %: inches, thence West 78 feet, thence South 37 feet 4 % inches to the place of beginning. PARCEL 3: Apart of Lot l 0 in Jones' First Addition to the City of Canton, situated in Fulton County, Illinois, described as follows: Beginning at the Southeast corner of said Lot 10, running thence North 70 feet and 9 inches, thence West 104 feet, thence South 17 feet and 4 %s inches, thence West to the West line of said Lot, thence South 16 feet, thence East 78 feet, thence South 37 feet and 4 % inches to the South line of said Lot, and thence East to the Place of Beginning, EXHIBIT "B" TO AGREEMENT TO FOREBEAR DEMOLITION PROCEEDINGS Order EXHIBIT "C" TO AGREEMENT TO FOREBEAR DEMOLITION PROCEEDINGS Fulton Acquisition Agreement EXHIBIT "D" TO AGREEMENT TO FOREBEAR DEMOLITION PROCEEDINGS Capital Acquisition Agreement 300-152.wpd AGREEMENT TO FOREBEAR DEMOLITION PROCEEDINGS This Agreement to Forebear Demolition Proceedings ("Agreement") is made and entered into this 16th day of February, 2000 with the City of Canton, Illinois ("City"), and Kermit A. Huber d/b/a Kert Huber Development ("Huber"). WITNESSETH: WHEREAS, Huber is interested in acquiring title to the real property described on the attached Exhibit "A" and which is commonly known as the Capital Theater Building ("Real Property") from Fulton Square Food Center, Inc. ("Fulton") and Capital Recreation, Inc. ("Capital"); WHEREAS, City has commenced demolition proceedings against Fulton, Capital and the Real Property to demolish the structures located thereon in the Circuit Court of the Ninth Judicial Circuit ("Court"),Fulton County, Illinois as Case Number 2000-MR-02 ("Demolition Proceeding"); WHEREAS, a hearing on the merits was held by the Court on February 14, 2000 and a consent demolition order ("Order") was entered by the Court (a copy of the Order is attached as Exhibit "B"); WHEREAS, all parties aze desirous of having Huber acquire title to the Real Property and, within a reasonable time, make the structures on the Real Property safe from collapse so as to reopen that portion of East Side Squaze Street which has been closed since December 22, 1999; WHEREAS, Huber is not willing to acquire title to the Real Property with the imminent threat of the execution of the Order; and WHEREAS, the City is willing to forebear execution of the Order for a period of a time to allow Huber to make the structures safe from collapse; NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Huber's Obli ate Huber hereby agrees to do the following: a. , Execute an Acquisition Agreement For Real Property ("Acquisition Agreements") with Fulton and Capital on this date in the form attached as Exhibits "C" and "D:, respectively; b. Thirty days after the closing, as defined in the Acquisition Agreements, repair the structures on the Real Property, in accordance with the plans and specifications approved in subparagraph (c) below, so that the danger of Page 1 of 4 collapse is minimized to the extent that East Side Square Street may be reopened ("Repairs"). c. In order to determine exactly what the Repairs shall be Huber and the City's structural engineer, David Maurer ("Maurer"), shall prepaze plans and specifications which detail the Repairs. The plans and specifications shall be prepared and agreed upon by Huber and Maurer and presented and accepted by the appropriate official of the City on or before March 15, 2000 (it being expressly understood that if Huber and Maurer cannot reach agreement on the exact plans and specifications or if the appropriate official of the City does not accept the plans and specifications which constitute the Repairs then Huber may give written notice to the City of termination of this Agreement and neither party shall have any further obligation to the other). d. Immediately after closing, as defined in the Acquisition Agreement, Huber shall provide to City proof of current liability insurance in the amount of $1,000,000.00 insuring the Real Property and its structures. 2. City's Obli atg_ ions. City hereby agrees to do the following: a. Upon execution of the Acquisition Agreements by Huber on or before February 16, 2000, the City shall forebeaz from any further execution of the Order, including the filing of any claim for lien, until the eazlier of 1) written notice by Huber, on or before Mazch 15, 2000, that the Acquisition Agreement and/or this Agreement has been terminated and no closing will occur ("Termination Notice"); or 2) the Repairs have not been made by Huber on or before April 14, 2000. b. In the event the Termination Notice is ~ received by March 15, 2000 the City shall be entitled to proceed with the demolition claim against Fulton and Capital as provided in the Order. c. In the event the Repairs aze not made by Huber by April 14, 2000 the City may substitute Huber as the defendant in the Demolition Proceeding and proceed to prosecute the case as provided in the Order. d. After (and if) the repairs have been made by Huber, the City shall, within a reasonable time, cause the Order to be vacated. 3. Time of the Essence. Time for Performance of the Obligations of the Party's of the Essence of this Contract. 4. Notices. Any Notice required under this Agreement shall be in writing and shall be deemed served upon a Party when personally delivered, deposited for mailing by first class mail, or sent to facsimile with written confirmation byfirst-class mail deposited Page 2 of 4 the same day to the Party or their attorney at the addresses and facsimile numbers set forth herein. Notice shall be deemed delivered when actually delivered ifby personal delivery, when deposited for mailing if sent by first-class mail and when sent by facsimile with written confirmation. Huber: Kert Huber Development P.O. Box 5605 Peoria, IL 61601 PH: (309) 673-3000 Fax: (309) 673-3004 With a copy to: Robert J. Coletta DAVIS & CAMPBELL L.L.C. 401 Main Street, Suite 1600 Peoria, Illinois 61602 PH:(309) 673-1681 Fax: (309) 673-1690 City: City of Canton 210 E. Chestnut Canton, IL 61520 PH: (309) 647-0020 Fax: (309) 647-1310 Attn: James J. Elson, Sr. City attorney KERT HUBER VELOPMENT Kermit A. uber Davi er, r (For purposes of aph 1 only) CITY O TON By: Donald E. Edwards, Mayor ATTEST: By: cy S. 'tes, City Clerk 300-136.wpd Page 3 of 4 STATE OF ILLINOIS ) SS COUNTY OF PEORIA ) I, ~D~ ~ • ~~~ a Notary Public in and for the county and State aforesaid, hereby certify that KERMIT A. HUBER, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me on this day in person, and acknowledged that he signed and delivered the said instrument as his free and voluntary act for the purposes and uses therein set forth. Given under my hand and notarial seal thisZZND day of1~U~t 2000. ~, u ve ~:.~~:,r~ .a,,.,. ~ ,~,_.; ~z~,,~~~2n~. C)FFICI~L ~E.~,~.. STATE OF ILLINOIS ) ROBL~RT J COLETTA ~~.~.F,, ) SS NOTARY PUBLIC, STATE OF II_!.lNOeS COUNTY OF'A ) MY COMM15SiON EXPIRES: 90/16/G2 I, ~SSp~ ~j ~~~ ~~ p y- a Notary Public in and for the county and State aforesaid, hereby certify that Donald E. Edwards, Nancy S. Whites, James J. Elson, Sr., in their capacity as Mayor, City Clerk and City attorney, respectively, and who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me on this day in person, and acknowledged that they signed and delivered the said instrument as their free and voluntary act. Given under my hand and notarial seal this 11~day of ~~ , 2000. -~ ~1~7CIAL SEAL ~~~~`' Sus~w H HENSELER Notary Public NOTARY PUBLIC STATE OF ILL1N015 ~ roMMISSION EXP. MAR. 300-136.wpd Page 4 of 4 EXHIBIT "A" TO AGREEMENT TO FOREBEAR DEMOLITION PROCEEDINGS Property Description PARCEL 1: Part of Lot 10 of Jones' First Addition to the City of Canton, situated in Fulton County, Illinois, described as follows: Beginning at the Northwest corner of said Lot 10, running thence East 182 feet to the East line of said Lot, thence South 20 feet, thence West 104 feet, thence South 17 feet 4 %, inches, thence West 78 feet to the West line of said Lot 10, thence North 37 feet 4 % inches to the place of beginning. PARCEL 2: Part of Lot 10 of Jones' First Addition to the City of Canton, situated in Fulton County, Illinois, described as follows: Beginning at the Southwest corner of said Lot 10, running thence East 78 feet, thence North 37 feet 4 %: inches, thence West 78 feet, thence South 37 feet 4 % inches to the place of beginning. PARCEL 3: Apart of Lot 10 in Jones' First Addition to the City of Canton, situated in Fulton County, Illinois, described as follows: Beginning at the Southeast corner of said Lot 10, running thence North 70 feet and 9 inches, thence West 104 feet, thence South 17 feet and 4 %s inches, thence West to the West line of said Lot, thence South 16 feet, thence East 78 feet, thence South 37 feet and 4 % inches to the South line of said Lot, and thence East to the Place of Beginning, EXHIBIT "B" TO AGREEMENT TO FOREBEAR DEMOLITION PROCEEDINGS Order EXHIBIT "C" TO AGREEMENT TO FOREBEAR DEMOLITION PROCEEDINGS Fulton Acquisition Agreement EXHIBIT "D" TO AGREEMENT TO FOREBEAR DEMOLITION PROCEEDINGS Capital Acquisition Agreement 300-152.wpd