HomeMy WebLinkAboutOrdinance #4215 CERTIFICATE
THE UNDERSIGNED CERTIFIES THAT SHE IS THE CITY CLERK FOR THE CITY OF
CANTON,ILLINOIS,AND THAT THE CITY COUNCIL AT A REGULARLY CONSTITU FED
MEETING OF SAID CITY COUNCIL OF THE CITY OF CANTON ON THE 16TH DAY OF
FEBRUARY, 2021 ADOPTED ORDINANCE NO. 4215, A TRUE AND CORRECT COPY OF
WHICH IS CONTAINED IN THIS PAMPHLET.
GIVEN UNDER MY HAND AND SEAL THIS I Le DAY OF FEBRUARY, 2021.
(SEAL)
DIANA PAVLEY-ROCK
CITY CLERK
CITY OF CANTON, ILLINOIS
ORDINANCE NO. 4215
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A
TIF REDEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF CANTON,FULTON COUNTY,ILLINOIS
AND
MAX KUMER,D.B.A. KUMER CONSTRUCTION
PASSED BY THE CITY COUNCIL
OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS,
ON THE 16TH DAY OF FEBRUARY, 2021.
PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE CITY
COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS,
THIS 16TH DAY OF FEBRUARY, 2021.
EFFECTIVE: FEBRUARY 16, 2021
CITY OF CANTON,ILLINOIS: ORDINANCE NO.4215
CANTON 1-DOWNTOWN / 5TH AVENUE
TAX INCREMENT FINANCING(TIF) DISTRICT
AN ORDINANCE APPROVING AND AUTHORIZING
THE EXECUTION OF A REDEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF CANTON
AND
MAX KUMER(D.B.A. KUMER CONSTRUCTION)
BE IT ORDAINED BY THE CITY OF CANTON,FULTON COUNTY,ILLINOIS THAT:
1. The Redevelopment Agreement with Max Kumer d.b.a. Kumer Construction (Exhibit A
attached)is hereby approved.
2. The Mayor is hereby authorized and directed to enter into and execute on behalf of the City
said Redevelopment Agreement and the City Clerk of the City of Canton is hereby authorized
and directed to attest such execution.
3. The Redevelopment Agreement shall be effective the date of its approval on the 16th day of
February,2021.
4. This Ordinance shall be in full force and effect from and after its passage and approval as
required by law.
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PASSED, APPROVED AND ADOPTED by the Corporate Authorities of the City of Canton,
Fulton County,Illinois,on the 16`h day of February,2021,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
Angie Lingenfelter X
Andra Chamberlin X
Jeff Fritz X
Craig West X
Quin Mayhew X
Justin Nelson X ABSENT
John Lovell X
Angela Hale X
Kent A.McDowell,Mayor
TOTAL VOTES 7 0 1
APPROVED: 414-
i _ /�TL k � Date: 2/16/2021
Mayor, City of Canton
ATTEST: Oil
_ /J ,Date: 2/16/2021
1 e k, City of Canton
ATTACHMENTS:
EXHIBIT A. REDEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
CANTON AND MAX KUMER(D.B.A.KUMER CONSTRUCTION).
Ik\CANTONVCANI'ON 1-1J7_5TFI A17.77F\AgreementsAKdimer Cour[PrjeclAC.melon TIP 1_Max Kanner RDA Ordvimure_10 Pelnwary 2021.upd
TAX INCREMENT FINANCING DISTRICT
REDEVELOPMENT AGREEMENT
by and between
CITY OF CANTON, FULTON COUNTY, ILLINOIS
and
MAX KUMER
(D.B.A. KUMER CONSTRUCTION)
CANTON 1 - DOWNTOWN / 5TH AVENUE
TAX INCREMENT FINANCING DISTRICT
FEBRUARY 16, 2021
TIF REDEVELOPMENT AGREEMENT
by and between
CITY OF CANTON
and
MAX KUMER(D.B.A. KUMER CONSTRUCTION)
CANTON 1-DOWNTOWN / 5TH AVENUE TIF DISTRICT
THIS TIF REDEVELOPMENT AGREEMENT(including Exhibits)("Agreement")is entered
into this 16th day of February, 2021, by the City of Canton (the "City"), an Illinois Municipal
Corporation,Fulton County,Illinois,and Max Kumer,d.b.a.Kumer Construction(the"Developer").
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 the Tax Increment Allocation Redevelopment Act,65 ILCS 5/11-74.4.4
el seq.,as amended(the"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 July 6, 2004, 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 Act,approved a Redevelopment Plan and designated a Redevelopment
Area known as the Canton International Harvester Site Project Area TIF District(currently known
as the"Canton 1 -Downtown/5th Avenue TIF District)(hereinafter referred to as the"TIF District");
and
WHEREAS, one such property is to be acquired by the Developer and located at 48 N. Main
Street,Canton,Illinois,currently Parcel Identification Number 09-08-27-412-011 (the"Property") and
said Property is in need of development and integral to the development of the TIF District; and
WHEREAS,the Developer will proceed with plans to renovate and rehabilitate the facade and first
floor of the commercial building thereon (the"Project"),and is doing so 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, which increased taxes will be used, in part, to finance incentives to assist this
Developer's Project;and
WHEREAS, the City has the authority under the Act to incur Redevelopment Project Costs
("Eligible Project Costs") and to reimburse Developer for such costs; 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,including without limitation,the
Kumer Construction Redevelopment Agreement Page 1 of 12
making of grants to any commercial enterprise that is necessary or desirable for the promotion of
economic development within the municipality; and
WHEREAS,the Developer has requested that incentives for the development be provided by the
City from incremental increases in real estate taxes of the City and its Project and that such incentives
include the reimbursement of TIF Eligible Project Costs;and
WHEREAS, the City has determined that this Project requires the incentives requested 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,to develop underutilized property,
and to provide employment for its citizens and generally to enhance the economy of the City; and
WHEREAS, the City and the Developer (the "Parties") have agreed that the City shall provide a
forgivable loan to the Developer for the reimbursement of a portion of the Developer's TIF Eligible
Project Costs ( as set forth in Exhibit "1"attached hereto) of an amount not to exceed Fifteen
Thousand and No/100 Dollars ($15,000.00) to be paid from the Canton TIF District 1 Special Tax
Allocation Fund as specified below in Section C,Incentive., and
WHEREAS, in no event shall cumulative maximum reimbursements for the Developer's TIF
Eligible Project Costs under this Agreement exceed Fifteen Thousand and 00/100 Dollars
($15,000.00);and
WHEREAS, the City is entering into this Agreement to induce the Developer to acquire the
Property and complete the Project; and
WHEREAS, in consideration of the execution of this Agreement and in reliance thereon, the
Developer has proceed with its plans to complete the Project as set forth herein.
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 shall remain in compliance with all municipal ordinances relating to property
development,property condition,zoning,subdivision and building codes. Failure to cure the
violation of any such ordinance within thirty(30) days upon being provided written notice of
the same by the City shall be cause for the City to declare the Developer in Default and
unilaterally terminate this Agreement,except where such failure is not reasonably susceptible
to cure within such 30-day period,in which case the Developer shall have such additional time
to cure as is reasonably necessary, provided that the Developer has commenced such cure
Kumer Construction Redevelopment Agreement Page 2 of 12
within such 30-day period and continues to diligently prosecute the same to completion.
4. The Developer shall complete the Project on or before on or before the date that is six (6)
months from the date this Agreement is approved by the City, subject to extension due to
Force Majeure (defined below). The Project will be deemed complete when the Developer
has completed the rehabilitation and renovation of the facade and 1s`floor of the commercial
building located on the Property and begins actively marketing such available space for lease
or sale to a commercial user.
5. Each of the Parties represents that it has taken all actions necessary to authorize its
representatives to execute this Agreement.
B. ADOPTION OF TAX INCREMENT FINANCING
The City has created a Tax Increment Financing District known as the "Canton 1 -Downtown /
5th Avenue TIF District" which includes the Developer's Property. The City has approved certain
Redevelopment Project Costs,including the types described in Exhibit"1"for the Developer's Project.
C. 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. The City agrees to loan to the Developer (also, the "Borrower") the sum of Fifteen
Thousand Dollars($15,000.00) from the TIF District Special Tax Allocation Fund for TIF
Eligible Project Costs incurred as a result of the Developer's Project. The terms and
conditions for the loan shall be as follows:
a. The full Loan amount of$15,000.00 shall be disbursed to the Developer from the TIF
District Special Tax Allocation Fund within thirty(30) days from the date of execution of
this Agreement,or upon verification of a minimum of$15,000.00 of TIF Eligible Project
Costs pursuant to Section E below,whichever occurs later.
b. The interest rate for the note shall be Three Percent(3%) per annum, and shall begin to
accrue on the date the loan funds are disbursed to the Developer.
c. The term of the note shall expire on the date that is five (5) years from the date the loan
funds are disbursed to the Developer hereunder.
d. One-Fifth (1/5) of the principal amount of the loan, plus any accrued interest thereon,
shall be forgiven annually by the City commencing one (1) year from the date the loan
funds are disbursed to the Developer and continuing on said date of each year thereafter
for the term of the loan,provided the Developer has been at all times in full compliance
with every term of this Agreement,including the following:
i. The Developer shall diligently seek to attract a commercial tenant or purchaser to fully
occupy the first floor of the building located on the Property. Upon the lease or sale
the Property to a commercial user, the City shall continue to forgive the Loan
Kumer Construction Redevelopment Agreement Page 3 of 12
pursuant to the terms set forth herein provided the Property maintains a constant and
continuous commercial use.
ii. The Developer shall annually provide verification of the payment of the real estate
taxes for the property during the term of this Agreement.
iii. The Developer does not file for bankruptcy or otherwise become insolvent during the
term of this Agreement.
iv. The Property is not the subject of foreclosure proceedings during the term of this
Agreement.
v. The Developer shall carry adequate insurance on the Property to cover the
replacement cost of the completed Project.
D. LIMITATION OF INCENTIVES TO DEVELOPER
1. In no event,shall the maximum cumulative reimbursements for the Developer's TIF Eligible
Project Costs pursuant to Section C(1)above exceed Fifteen Thousand Dollars and No Cents
($15,000.00) as set forth herein.
2. It is not contemplated that,nor is the City obligated,to use any of its proportionate share of
the monies generated by this Project for any of Developer's Eligible Project Costs,but rather
the City shall use such sums for any purpose under the Act as it may in its sole discretion
determine.
E. PAYMENT OF ELIGIBLE PROJECT COSTS
1. Payment to the Developer for TIF Eligible Project Costs as set forth by the Act shall be made
by a Requisition for Payment of Private Development Redevelopment Costs ("Requisition")
(attached hereto as Exhibit"2") submitted from time to time to Jacob&Klein,Ltd.and the
Economic Development Group,Ltd. (collectively the"Administrator") and subject to their
approval of the costs and availability of funds in the Special Account.
2. All Requisitions must be accompanied by verified bills or statements of suppliers,contractors,
or professionals together with cancelled checks, mechanic's lien waivers (whether partial or
full), or an invoice marked paid from each of the parties entitled to a payment that is the
subject of the Requisition as required by the City.
3. The Administrator shall approve or disapprove a Requisition by written receipt to the
Developer within thirty (30) business days after receipt of the Requisition. Approval of the
Requisition will not be unreasonably withheld. If a Requisition is disapproved by the
Administrator,the reasons for disallowance will be set forth in writing and the Developer may
resubmit the Requisition with such additional information as may be required and the same
procedures set forth herein shall apply to such re-submittals.
4. All TIF Eligible Project Costs approved shall then be paid by the City pursuant to the terms
set forth in Section C above.
Kamer Construction Redevelopment Agreement Page 4 of 12
5. The Parties acknowledge that the determination of TIF Eligible Project Costs,and,therefore,
qualification for reimbursement hereunder are subject to changes or interpretation made by
amendments to the Act,administrative rules or judicial interpretation during the term of this
Agreement. The City has no obligation to the Developer to attempt to modify those
decisions, but will reasonably assist the Developer in every respect to obtain approval of
Eligible Project Costs.
6. The Developer may submit for prior approval by the City as TIF Eligible Project Costs under
the Act estimates of costs before they are incurred subject to later confirmation by actual bills
F. VERIFICATION OF TAX INCREMENT
1. It shall be the sole responsibility of the Developer to provide to the City as requested the
following:
a. Copies of all PAID annual real estate tax bills for the Property.
2. The failure of Developer to provide any information required herein after notice from the
City,including verification of Eligible Project Costs,and the continued failure to provide such
information within thirty(30)days 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 conditional upon receipt of the foregoing information.
G. LIMITED OBLIGATION
The City's obligation hereunder to pay the Developer for Eligible Project Costs is a limited
obligation to be paid solely from the TIF District Special Tax Allocation Fund. 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 the City's general credit or taxing power.
H. 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 direct payments to any other contractor,
subcontractor, mechanic or materialman providing services or materials to the Developer for the
Project. This Agreement shall not create any third-party rights and the Developer shall indemnify and
hold the City harmless on any claims arising out of the Developer's construction activities.
I. COOPERATION OF THE PARTIES
The City and the Developer agree to cooperate fully with each other when requested to do so
concerning the development of the Developer's Project. This includes without limitation the City
assisting or sponsoring the Developer, or agreeing to jointly apply with the Developer, for any grant,
award,or subsidy which may be available as the result of the Developer's or City's activities.This also
includes without limitation the Developer assisting or sponsoring the City,or agreeing to jointly apply
with the City, for any grant, award or subsidy which may be available as the result of the City's or
Developer's activities.
Kamer Construction Redevelopment Agreement Page 5 of 12
J. 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 real estate tax increment
payable to the Developer 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) days period, and thereafter diligently and continuously prosecutes the cure of such
default until the same has been cured.
K. 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 six (6) months from the date this Agreement is approved by the City. Failure to
do so shall be cause for the City to declare the Developer in default and unilaterally terminate the
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.
L. ASSIGNMENT
The rights and obligations of the Developer under this Agreement shall not be assignable.
M. 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.
Kamer Construction Redevelopment Agreement Page 6 of 12
N. 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.
O. 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 the date of actual delivery, if delivered
personally,or as of the third(3rd) day from and including the date of posting,if mailed by registered or
certified mail,return receipt requested,with postage prepaid addressed as follows:
To Developer: To City:
Max Kumer Canton City Clerk
d.b.a. Kumer Construction City Hall
23271 N. Seneca 2 N. Main Street
Cuba,IL 61427 Canton, Illinois 61520
Telephone: (309) 647-0020
With copy to:
Jacob &Klein,Ltd.
Economic Development Group,Ltd.
1701 Clearwater Avenue
Bloomington,Illinois 61704
Telephone: (309)664-7777
P. SUCCESSORS IN INTEREST
Subject to the Provisions of Section `L" above,this Agreement shall be binding upon and inure to
the benefit of the Parties hereto and their respective successors and assigns.
Q. NO JOINT VENTURE,AGENCY, OR PARTNERSHIP CREATED
Neither anything in this Agreement no 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.
R. INDEMNIFICATION OF CITY
It is the understanding of the Parties that the position of the Illinois Department of Labor is that
the Illinois Prevailing Wage Act does not apply to TIF increment received by developers as
reimbursement for private TIF Eligible Project Costs. This position of the Department of Labor is
stated as an answer to a FAQ on its website at: https://www.illinois.gov/idol/FAQs/Pages/prevailing-
Kumer Construction Redevelopment Agreement Page 7 of 12
wage-faq.aspx. The 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. In addition,the Developer
agrees to indemnify and hold harmless the City for any claim asserted against the City arising from the
Developer's Project and/or this Agreement or any challenge to the eligibility of project costs reimbursed
to the Developer hereunder. 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.
S. ENTIRE AGREEMENT
The terms and conditions set forth in this Agreement and exhibits attached hereto 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.
T. 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.
U. TERM OF THE AGREEMENT
This Agreement shall expire on the date that is five(5)years from the date the loan funds provided
for in Section C above are disbursed to the Developer. The Agreement shall expire sooner if the
Developer files for bankruptcy or otherwise becomes insolvent, the Property becomes the subject of
foreclosure proceedings or upon any other default by the Developer of this Agreement.
Kumer Construction Redevelopment Agreement Page 8 of 12
IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed by
their duly authorized officers on the above date at Canton, Illinois.
CITY OF CANTON, ILLINOIS,an MAX KUMER, d.b.a. Kumer
Illinois Municipal Corporation Construction
By: •VPA-- U 1M k.,4) By: /�
Mayor _ Max Kumer
ATTE
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H:\CANTON\CANTON 1-DT_5TI I AVE.TIF\Agreements\Kumer Const Project\Canton TIF I_Max Kumer_RDA_15 February 2021.wpd
EXHIBIT 1
SUMMARY OF ESTIMATED TIF ELIGIBLE PROJECT COSTS
Max Kumer
"The Kumer Construction Redevelopment Project"
Canton TIF District 1, City of Canton,Fulton County,Illinois
Project Description: Developer owns or will acquire the Property and will proceed with plans
to renovate and rehabilitate the facade and first floor of the existing
commercial building located thereon in order to attract commercial
tenants thereto.
Location: 48 N. Main Street, Canton,Illinois
Parcel Numbers: 09-08-27-412-011
Estimated TIF Eligible Project Costs:
Land Acquisition and Property Assembly $38,000
Professional Fees (Legal,Architectural,Engineering,etc.) $2,000
Renovation and Rehabilitation Costs $30,000
Total Estimated TIF Eligible Project Costs' $70,000
1 The Developer's total reimbursement of TIF Eligible Project Costs under Sections CO of the Agreement shall
not exceed$15,000.00.
EXHIBIT 2
CITY OF CANTON, ILLINOIS
CANTON 1-DOWNTOWN/5TH AVENUE
TAX INCREMENT FINANCING DISTRICT
PRIVATE PROJECT
REQUEST FOR VERIFICATION OF TIF ELIGIBLE COSTS
BY
MAX KUMER(D.B.A. KUMER CONSTRUCTION)
Date
Attention: City TIF Administrator, City of Canton,Illinois
Re: TIF Redevelopment Agreement, dated February 16, 2021
by and between the City of Canton,Illinois,and Max Kumer (the"Developer")
The City of Canton is hereby requested to disburse funds from the Special Tax Allocation Fund
pursuant to the Redevelopment Agreement described above in the following amount(s), to the
Developer and for the purpose(s) set forth in this Request for Reimbursement. The terms used in this
Request for Reimbursement shall have the meanings given to those terms in the Redevelopment
Agreement.
1. REQUEST FOR REIMBURSEMENT NO.
2. PAYMENT DUE TO: Max Kumer
3. AMOUNTS REQUESTED TO BE DISBURSED:
Description of TIF Eligible Project Cost Amount
Total
4. The amount requested to be disbursed pursuant to this Request for Reimbursement will be used to
reimburse the Developer for Redevelopment Project Costs for the Project detailed in Exhibit"1"
of the Redevelopment Agreement.
5. The undersigned certifies that:
(i) the amounts included in(3) above were made or incurred or financed and were necessary for
the Project and were made or incurred in accordance with the construction contracts,plans
and specifications heretofore in effect;and
(ii) the amounts paid or to be paid, as set forth in this Request for Reimbursement,represent a
part of the funds due and payable for TIF Eligible Redevelopment Project Costs;and
(iii) the expenditures for which amounts are requested represent proper Redevelopment Project
Costs as identified in the"Limitation of Incentives to Developer"described in Section `D"of
the Redevelopment Agreement, have not been included in any previous Request for
Reimbursement,have been properly recorded on the Developer's books and are set forth with
invoices attached for all sums for which reimbursement is requested,and proof of payment
of the invoices;and
(iv) the amounts requested are not greater than those necessary to meet obligations due and
payable or to reimburse the Developer for its funds actually advanced for Redevelopment
Project Costs; and
(v) the Developer is not in default under the Redevelopment Agreement and nothing has
occurred to the knowledge of the Developer that would prevent the performance of its
obligations under the Redevelopment Agreement.
6. Attached to this Request for Reimbursement is Exhibit "1"of the Redevelopment Agreement,
together with copies of invoices,proof of payment of the invoices, and Mechanic's Lien Waivers
relating to all items for which reimbursement is being requested.
BY: (Developer)
TITLE:
APPR O VjED B I; OF_C TON 1� OIS
BY: pa, Al-rII' tit-A--4-
TITLE: C O v DATE:
REVIEWED BY JACOB&KLEIN,LTD.&THE ECONOMIC DEVELOPMENT GROUP,LTD.
BY:
TITLE: DATE:
EXHIBIT 2
CITY OF CANTON,ILLINOIS
CANTON 1-DOWNTOWN/5TH AVENUE
TAX INCREMENT FINANCING DISTRICT
PRIVATE PROJECT
REQUEST FOR VERIFICATION OF TIF ELIGIBLE COSTS
BY
MAX KUMER(D.B.A.KUMER CONSTRUCTION)
Date 11/301Z02
Attention;City TIP Administrator,City of Canton,Illinois
Re: TIF Redevelopment Agreement,dated February 16,2021
by and between the City of Canton,Illinois,and Max Kumer(the"Developer")
The City of Canton is hereby requested to disburse funds from the Special Tax Allocation Fund
pursuant to the Redevelopment Agreement described above in the following amount(s), to the
Developer and for the purpose(s)set forth in this Request for Reimbursement. 'the terms used in this
Request for Reimbursement shall have the meanings given to those terms in the Redevelopment
Agreement.
1. REQUEST FOR REIMBURSEMENT NO, 1
2. PAYMENT DUE'1'0:Max Kutner
3. AMOUNTS REQUES'CED TO BE DISBURSED.
Description of TIF'Eligible Project Cost Amount
t1ir5( U11
Total *16 60a
4. The amount requested to be disbursed pursuant to this Request for Reimbursement will he used to
reimburse the Developer for Redevelopment Project Costs for the Project detailed in Exhibit"1"
of the Redevelopment Agreement.
•-
5, The undersigned certifies than
(i) the amounts included in(3)above were made or incurred or financed and were ti canny for
the Project and were made or incurred in Accordatwo with the construction contracts„plans
gild specifications heretofore in effect;and
(ii) the amounts paid or to be paid,as act forth in this Request for Reimbursement,represent a
of the funds due and payable for TIF FLijible Redevelopment Pt ojcet Costs;and
(iii) the expenditures tin which amounts are tequested represent proper Redevclopmeor Project
Costs as identified in the"Limitation of Incentives to Developer described in lei/log "Irof
the 'Redevelopment Agreement, have not been included in any previous Request fur
Reimbursement,have been properly recorded on the Developer's books and are set forth with
invoices attached for all sums for which reinaburseineni is rcquestrd,and proof of ptninwrii.
of the invoices;and
(iv) the amounts requested are no; grceer than hose necessary to niOM obligations due and
payable or to rean!.,urse the Developer for its funds actually advanced for Redevelopment
Project Costs;and
(v) the Developer is not in default under the Redevelopment Agreement and nothing has
occurred to the knowledge of the Developer that would prevent the prrfortnntice of its
obligations under the Redev elopittent Agreement.
Attached to this Request for Reimbursement is Exiiihit"P-01 the Redevelopment Agreement,
together with copies of invoices,pe of of payment of the invoices, and Mechanic's Lien Waivers
relating to al: for which reimbursement is being roquested,
111
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,(Ocvelopet)
TITLE: -
APPROVED BY CITY OF CANTON,ILLINOIS
BY:
11 r.)i !MTH:
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D BY JA,: • &XLEfl.fLTh,&THE.ECONOMIC DEVELOPMENT GROUP,LTD.
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American Land Title Association ALTA Settlement Statement-Cash
Adopted 05-01-2015
File No./Escrow No.:210391601229 Barnhart Tinsman&Associates LTD
Print Date&Time:02/01/21 2:44 PM ALTA Universal ID:1126131
Officer/Escrow Officer: 121 W.Elm Street
Settlement Location:Barnhart Tinsman Canton,IL 61520
&Associates LTD
121 W.Elm Street
Canton,IL 61520
Property Address: 48 North Main Street
Canton, IL 61520
Buyer: Max Kumer Family Trust dated August 14, 2003
23271 Seneca Court
Cuba, IL 61427
Seller: MidAmerica National Bank,a national banking association
100 West Elm
Canton, IL 61520
Settlement Date: 02/05/2021
Disbursement Date: 02/05/2021
Additional dates per state requirements:
''I..Sel)elr ..... • .�• Borrbwer/Buyer
Debit Credit Debit Credit
Financial
$38,000.00 Sale Price of Property $38,000.00
Deposit $1,000.00
Title Charges&Escrow/Settlement Charges
$50.00 Title-Closing Protection Letter to ATG Fees and Transfers $25.00
$267.50 Title-Owner's Title Insurance to Barnhart Tinsman&
Associates LTD
$3.00 Title-State Regulatory Fee to ATG Fees and Transfers
Commission
$1,520.00 Real Estate Commission-Listing to Rhoades Real Estate&
Land Auction Services,Inc.
$1000.00 Earnest Money Held by Rhoades Real Estate&
Land Auction Services,Inc.
Government Recording and Transfer Charges
Recording Fee(Deed)to Fulton County Recorder $77.00
$19.00 County Transfer Stamps to Fulton County Recorder
$38.00 State Transfer Stamps to Fulton County Recorder
Miscellaneous
$100.00 Closing Fee to Barnhart Tinsman&Associates LTD $100.00
Copyright 2015 American Land Title Association, File#210391601229
All rights reserved. Page 1 of 3 Printed on:02/01/21 2:44 PM
Descripti n Borrower/Buyer
Debit Crede Debit Credit
$125.00 Prepare Deed&PTax to Barnhart Tinsman&Associates
LTD
$75.00 Search Fee to Barnhart Tinsman&Associates LTD
• Seller Borrower/Buyer
Debit Credit. Debit Credit
$2,197.50 $38,000.00 Subtotals $38,202.00 $1,000.00
Due From Borrower $37,202.00
$35,802.50 Due To Seller
$38,000.00 $38,000.00 Totals $38,202.00 $38,202.00
Copyright 2015 American Land Title Association. File#210391601229
All rights reserved. Page 2 of 3 Printed on:02/01/21 2:44 PM
•
Acknowledgement
We/I have carefully reviewed the ALTA Settlement Statement and find it to be a true and accurate statement of all receipts and
disbursements made on my account or by me in this transaction and further certify that I have received a copy of the ALTA
Settlement Statement.We/I authorize Barnhart Tinsman&Associates LTD to cause the funds to be disbursed in accordance with
this statement.
Max Kumer Family Trust dated August 14,2003 MidAmerica National Bank,a national banking association
f f� 4 f'
,r.
) f'-• .. f �/--°"=� .1 '2 fir' ... it`
By:Max T. Kumer Trustee Date By:4. authorized si ner Dae!'
Escrow Officer pate
File#210391601229
Copyright e0 American Land Title Association. Printed on:02/01/212:44 PM
All rights reserved. Page 3 of 3
Prepared by&Return to:
Nicholas N.Tinsman
Barnhart Tinsman&Associates Ltd.
121 W.Elm Street
Canton,IL 61520
'1¢ : '1 ;
Mail tax bill to: t
Max Kumer Family Trust
23271 Seneca Court
Cuba,IL 61427
CORPORATE WARRANTY DEED
THE GRANTOR, MidAmerica National Bank, a national banking association, of the City of
Canton, State of Illinois, for and in consideration of Ten Dollars ($10.00) and other good and
valuable considerations, in hand paid, CONVEYS AND WARRANTs to Max Kumer Family
Trust dated August 14,2003,of the City of Cuba, State of Illinois, all right,title, and interest in
the following described real estate situated in the County of Fulton,State of Illinois,to wit:
A part of Lot Number Eighteen(18)in Jones'First Addition to Canton,IIlinois described
as:
A piece of land 18 feet 6 inches wide and extending the full length of the lot off the South
side of the North one-half of said Lot 18, also the one-half of wall purchased of James
William Donn and one-half of wall sold to J.R.McQuaid is hereby reserved. Situated in
the City of Canton,County of Fulton and State of Illinois.
Permanent Index Number: 09-08-27-412-011
Property Address: 48 North Main Street, Canton,IL 61520
Subject, however, to the general taxes for the year of 2021 and thereafter, and all covenants,
restrictions,and conditions of record,applicable zoning laws,ordinances, and other governmental
regulations.
Hereby releasing and waiving all rights under and by virtue of the Homestead Exemptions Laws
of the State of Illinois.
Dated this .3 r' day of February,2021
MidAmerica National Bank, a national
banking association
By• 11' "'1l1
Rick R. Klinedinst,President
Attest:
: i c_:-.) ) i
— '
An authorized signer for MidAmerica
National Bank
STATE OF ILLINOIS )
) SS.
COUNTY OF FULTON )
1,the undersigned,a Notary Public in and for said County, in the State aforesaid,do hereby certify
that Rick IL Klinedinst, personally known to me to be the President of MidAmerica National
Bank, a national banking association, who is the grantor and personally known to me to be the
same person whose name is subscribed to the foregoing instrument, appeared before me this day
in person, and acknowledged that he signed, sealed and delivered the said instrument, as his free
and voluntary act, for the uses and purposes therein set forth, including the release and waiver of
the right of homestead.
Given under my hand and notarial seal,this 3 day of February,2021
s
, ,
-Mg IS .,k
N tary Public
STATE OF ILLINOIS ) OFFICIAL SEAL
) SS. EMILY JOHNSON
NOTARY PUBLIC-STATE OF ILLINOIS
COUNTY OF FULTON ) MY COMMISSION EXPIRES:09/03/23
. - ., .. , . . . •. , -... .•
1,the undprsigned,a Notary blic in and for said County,in the State aforesaid,do hereby certify
that 0\1 V\ 111,it titi , personally known to me to be an authorized signer of
.-4.
MidAmerica National Bank, a national banking association, who is the grantor and personally
known to me to be the same person whose name is subscribed to the foregoing instrument,
appeared before me this day in person,and acknowledged that he/she signed,sealed and delivered
the said instrument, as his/her free and voluntary act, for the uses and purposes therein set forth,
including the release and waiver of the right of homestead.
Given under my hand and notarial seal,this day of February,2021
, - . •
41111S piS
Notary Public
OFFICIAL SEAL
EMILY JOHNSON
NOTARY PUBLIC-STATE OF ILLINOIS
• MY COMMISSION EXPIRES•09/03123
3 •