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HomeMy WebLinkAboutResolution #2057 RIaN N0. 2057 A RB~TTIaN APAmVING AN ADJ.' BS'i1iE8N THE CITY ~' CAN'PON AND BARYON L. AND MARY L. B1iDfIN AND DIRECTING THE MAYat AND CITY CLERK Ta 8]IEQTl'E AMID DEL.IVBR SAID a aN BEHALF 01?' THE CITY E>~' CANT(Ri, ILLINIDIS. NHSREAS, the City of Canton, Illinois has entered into negotiations with Barton L. and Mary L. Brawn for the sale of 1.533 acres in the City's enterprise Industrial District; and, i1f~tEAS, the City Council of the City of Canton, Illinois has reviewed the terms of the proposed agreement, a copy of which is hereto attached and made a part hereof as "Exhibit A"; and, SEAS, the City Council of the City of Canton, Illinois has determined that it is desirable and in the best interest of the City of Canton to enter into said agreement. Nall, TH>NtSF'~tE, BE IT RESOLVFID BY THE C]3'Y QOtJNCIL ~ T~ CITY OF CAN'PON, Fulton County, Illinois, as follows: 1. That the Agreement between the City of Canton and Barton L. and Mary L. Brown, which is attached hereto and made apart hereof as Exhibit A, is hereby approved, said Agreement to be subject to and effective pursuant to the terms and conditions set forth therein. 2. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver 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, Fulton County, Illinois and approval by the Mayor thereof. PASSID by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 2n d day of May , 1989, upon a roll call vote as follows: AYES: Aldermen Chapman, May, Bohler, Meade, Sarff, Steck, Zilly, Kovachevich. Pi~iYS: None . ~~~ None . AZTEST: Nah Whi s, ity Clerk APPi~WBO: f Donald E. Edwards, Mayor Publication Instructions do not publish Publish in pamphlet form only O Publish in a general circulation newspaper ~~3~ ~~~ .~~ City Att ___. _.. __ Date r1t;RSEN~IT F'G~t SALE ~ REi~L BSTATB ARTICLES OAF' A~tEF1~TP, made as of this day of , 1989 between the City of Canton, an Illinois municipal corporation, hereinafter called "Seller", and Barton L. and Mazy L. Brown, hereinafter called "Buyer" witnesseth, that, if the Buyer shall first make the payments and perform the covenants hereinafter mentioned on its part to be made and performed, the Seller hereby covenants and agrees to convey merchantable title to the Buyer by a good and sufficient Quit Claim Deed, the lot, pieces, or parcel of ground, situated in the City of Canton, County of Fulton and State of Illinois, described as follows, to-wit: The north 200.0 feet of Lot Number Nine (9) plus the east 20.0 feet of the remaining south part of Lot Number Nine (9) of the Subdivision of Enterprise Industrial District dated October 18, 1984, containing 1.533 acres, more or less, subject to all present and future easements, covenants, and restrictions, all of the foregoing real property being situated in the City of Canton, County of Fulton, and State of Illinois. And the Buyer hereby covenants and agrees to pay to the Seller at the office of the City Clerk, City Building, 210 East Chestnut Street, Canton, Illinois 61520 the sum of Seven Thousand Six Hundred Sixty-Five Dollars ($7,665.00) in the manner following: The sum of $1,533.00 upon execution and delivery hereof, and then payments of $1,533.00 each on A4ay 3rd of each year until said amount of $7,665.00 is fully paid. EXHIBIT A, RESOLUTION N0. 2057 1 Possession to be given upon execution and delivery hereof, to include tender of the sum of $1,533.00. A title insurance policy in owner of record at date of conveyance shall be furnished by Seller for examination by Buyer not less than thirty (30) days before the last scheduled payment. Both Seller and Buyer agree that the subject property is part of the Enterprise Industrial District being developed by Seller. Buyer agrees to use the above described real property only in conformity with the City of Canton Zoning Ordinance (now codified as Title 10, Chapters 1 through 20, inclusive, of the Canton Municipal Code) as the same is now promulgated and as the same may hereafter be amended. Buyer agrees to use the above described real property in conformity with all applicable rules or regulations of the State of Illinois Environmental Protection Agency, of the Federal Environmental Protection Agency, and of the Federal Aviation Administration (with respect to the height and placement of improvements on the subject real property, as well as other associated matters). Buyer recognizes that Seller is now in the process of developing restrictive covenants and other land use controls to be hereaf ter applied to the Enterprise Industrial District, of which the above described real property is a part. Buyer hereby irrevocably agrees that it shall take title to the above described real property subject to any and all such restrictive covenants or land use controls to be hereaf ter developed by the City of Canton. 2 Still further, both Seller and Buyer agree that part of the mutual inducements forming a part of this Agreement is the creation and retention of jobs in the Enterprise Industrial District. Accordingly, Seller and Buyer both hereby agree that the sales price set forth above shall be modified as follows: A sum equal to $153.30 multiplied by the number of permanent jobs created by Buyer one year from the date thereof shall be deducted from the above sales price. For purposes of this paragraph, a "permanent job" shall be any job created by the Buyer and reported to the State of Illinois by Buyer for State Income Tax or employment tax purposes on the first anniversary of this Agreement which is then permanently filled. The number of such permanent jobs shall be certified to the Canton City Council by the City of Canton's Community Development Director and Buyer hereby irrevocably agrees to abide by the number of permanent jobs so certified. Buyer agrees to make its books and records available to the City of Canton, its officers and employees for purposes of such certification. Such modification shall be made by Seller within sixty (60) days after the first anniversary of this Agreement. Seller shall, within such period, reimburse to Buyer that portion, if any, of the gross sales price, computed as aforesaid, without interest, within said sixty (60) day period. Notice shall be given to any party hereto by United States Mail, certified mail, return receipt requested, and directed to the following addresses: 3 TO SELLER: City Clerk City Building 210 East Chestnut Street Canton, Illinois 61520 Any notice given to the Seller shall include an informational copy, mailed as aforesaid, and addressed to the attention of the City Attorney at the above address. TO BUYER: Barton L. and Mary L. Brawn 517 Baxter Court Canton, Illinois 61520 OTHIIt TERMS AND CONDITIONS: Notwithstanding the provisions of this Agreement found at Page 3 hereof, the gross sales price set forth at Page 1 of this Agreement shall not be modified so as to fall below a modified gross sales price of $3,066.00. Both Seller and Buyer covenant and agree that the covenants, terms and conditions of this Agreement shall survive the closing herein contemplated and shall continue to be binding upon each of said parties. Both Seller and Buyer irrevocably covenant and agree that part of the mutual consideration supporting this Agreement is the Buyer's Agreement to either retain existing jobs in the Enterprise Industrial District or Buyer's Agreement to create new jobs in the Enterprise Industrial District. In the event that the Buyer has not created or retained those permanent jobs represented by Buyer to Seller to be crated then Seller may, in its sole and exclusive 4 option, declare this Agreement a nulity and enter upon and retake possession of the aforesaid premises without notice to Buyer and without process of law. Buyer shall from the date hereof and during the pendency of this Agreement pay all general real estate taxes on the above described premises and pay all special assessments thereon, if any, saving Seller whole and harmless therefrom. Buyer shall not allow any liens or encumbrances of any nature or description to attach to the above described real property unless Seller first gives its written consent thereto. Except for notification to the Fulton County Assessor's Office of the existence of this Agreement, Buyer shall not file either this Agreement or any memorandum thereof with the Fulton County Recorder of Deeds. Buyer shall, contemporaneously herewith, execute and deliver to Seller its quit claim deed in form and content satisfactory to Seller's attorney which quit claim deed shall be held in escrow by Seller during the life of this Agreement; and, in the event Buyer defaults in any provision hereof, or, in the event Seller declares a default in the premises of this Agreement, the Buyer shall forfeit all payments made by it on this contract and such payments shall be retained by the Seller in full satisfaction and in liquidation of all damages by it sustained and, Buyer hereby irrevocably authorizes Seller to file said quit claim deed of record and to reenter and take possession of said pre~~ises. 5 .. " .~ IN WITNESS WHEREOF, Seller and Buyer have executed duplicate originals of this Agreement for Sale of Real Estate as of the date first above mentioned. BUYER: Barton L. and Mary L. Brown BY: Barton L. Brawn BY: Mary L. Brown DATE: ADDRESS: 517 Baxter Court Canton, IL 61520 PHONE: 647-5940 SELLER: City of Canton, an Illinois municipal corporation, BY: Its Mayor DATE: ADDRESS: 210 E. Chestnut St. Canton, IL. 61520 PHONE: 647-0065/0020 ATTEST: City Clerk (Corporate Seal) 6