HomeMy WebLinkAboutOrdinance#4230 ORDINANCE #4230
AN ORDINANCE AUTHORIZING THE SALE OF PROPERTY
ADOPTED BY THE CITY COUNCIL OF THE CITY OF CANTON ILLINOIS:
May 4, 2021
PUBLISHED BY THE CITY CLERK PURSUANT TO THE AUTHORITY OF THE CITY
COUNCIL OF THE CITY OF CANTON:
May 4, 2021
STATE OF ILLINOIS )
) SS.
COUNTY OF FULTON )
CERTIFICATE
I, Diana Pavley-Rock, certify that I am the duly elected City Clerk of
the CITY OF CANTON, FULTON COUNTY, ILLINOIS.
I further certify that on May 4, 2021 , the City Council of such
municipality passed and approved Ordinance #4230 entitled:
AN ORDINANCE AUTHORIZING THE SALE OF PROPERTY
The ordinance attached is a true and correct copy of the ordinance adopted by Canton
City Council.
DATED AT CANTON, ILLINOIS, THIS 4T" DAfY,O 2 AY 2021
( i' 1,52":":,
Diana Pavley-Rock, CMC, City Clerk
Seal City of Canton, Illinois
CITY OF CANTON, COUNTY OF FULTON,
STATE OF ILLINOIS
ORDINANCE NO. 4230
AN ORDINANCE AUTHORIZING THE SALE OF PROPERTY
WHEREAS, the City of Canton, Fulton County, Illinois (the "City") is an Illinois
municipal corporation established in accordance with the Constitution of the State of
Illinois of 1970; and
WHEREAS, it is deemed advisable and in the best interest of the City of Canton,
Fulton County, Illinois to provide for the sale of certain real estate located on Enterprise
Lane, Canton, Illinois (P.I.N. # 09-08-402-009) (hereinafter referred to as the "Property")
which is more fully described as follows;
OUTLOT 1 OF THE SUBDIVISION OF ENTERPRISE INDUSTRIAL
DISTRICT, AS SET FORTH IN THE PLAT RECORDED IN THE
RECORDER'S OFFICE OF FULTON COUNTY, ILLINOIS, AS DOCUMENT
NO. 84-8960, CONTAINING 6.529 ACRES, MORE OR LESS, SUBJECT TO
ALL PRESENT AND FUTURE EASEMENTS, COVENANTS, AND
RESTRICTIONS, ALL SITUATED IN THE CITY OF CANTON, COUNTY OF
FULTON, STATE OF ILLINOIS;
WHEREAS, such real estate is located in the Canton 2 — Rt. 9/Chestnut Street
Tax Increment Financing District (hereinafter the "TIF District") and the City has
previously complied with the procedures to sell real estate located within a TIF District;
and
WHEREAS, the City of Canton ("the Seller") has agreed to sell the same to Ben
Hendricks Trucking, Inc. (the "Buyer") for the agreed price,payable at closing; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF CANTON, AN ILLINOIS MUNICIPALITY,
FULTON COUNTY, ILLINOIS,AS FOLLOWS:
Section 1: It is hereby determined that it is advisable, necessary and in the
interests of the public good that the City sell the real estate described above, and enter
into an agreement with the Buyer providing for the sale of said real estate for the sale
price of$5,000.00 Dollars, subject to a mutually agreeable contract being entered into.
Section 2: Said agreement shall be in substantially the following form:
See Attached Exhibit A
Section 3: The sale of said Property is also subject to the City and the Buyer
entering into a mutually agreeable TIF District Redevelopment Agreement regarding a
TIF Project to be undertaken by the Buyer on the Property.
Section 4: From and after the effective date of this Ordinance the Mayor and
City Clerk of the City are hereby authorized and directed to execute the said agreement
herein provided for, and to do all things necessary and essential, including the execution
of any documents, agreements, and certificates necessary to carry out the provisions of
said agreement.
Section 5: This Ordinance is adopted pursuant to the municipal authority of
the City and shall be in full force and effect from and after its passage, approval, and
publication in the manner provided by law.
UPON MOTION by Alderman John Lovell, seconded by Alderwoman
Lingenfelter and PASSED, APPROVED AND ADOPTED by roll call vote of the
Corporate Authorities of the City of Canton, Fulton County, Illinois, on the 4th day of
May, 2021, and deposited and filed in the Office of the City Clerk of said City on that
date.
MAYOR AND CITY AYE VOTE NAY VOTE ABSTAIN/ABSENT
COUNCIL
Angie Lingenfelter X
Andra Chamberlin X
Jeff Fritz X
Craig West X
Justin Nelson X
John Lovell X
Angie Hale X
Kent A. McDowell, Mayor X
TOTAL VOTES: 8
APPROVED: 5 �,/' `�l
Date: 1
'a or
ATTEST: .
Date: v-2.6 -/
City erk
STATE OF ILLINOIS )
SS
COUNTY OF FULTON )
I, Diana Pavley-Rock, do hereby certify that I am the duly elected, qualified and acting
Clerk of the City of Canton, the County and State aforesaid, and, as such Clerk, I am the keeper
of the records and files of the Mayor and City Council of the City of Canton.
I do further certify that the attached and foregoing is a true and current copy of:
AN ORDINANCE AUTHORIZING THE
SALE OF PROPERTY
as passed by the City Council of the said City of Canton, Illinois, at its regular meeting held on
May 4, 2021, and as approved by the Mayor of said City on May 4, 2021.
IN WITNESS WHEREOF, I have hereto affixed my offic.- nat As. . the corporate
seal of said City of Canton, Illinois.
(SEAL) i or
.4-
City Clete
EXHIBIT A
REAL ESTATE SALE AGREEMENT
(Attached)
REAL ESTATE SALE AGREEMENT
THIS REAL ESTATE SALE AGREEMENT is made as of the day of
May, 2021, by and between the CITY OF CANTON, 2 N. Main Street, Canton, Illinois
61520, an Illinois municipal corporation, hereinafter referred to as "Seller", and BEN
HENDRICKS TRUCKING, INC., (Insert Address) an Illinois corporation, hereinafter
referred to as "Purchaser". In consideration of the mutual covenants, payments and
conditions heretofore and hereinafter set out,the parties hereto agree as follows:
1. DEFINITIONS:
(a) The parties to this contract shall be known as the "Seller" or
"Purchaser" as required by the context of the agreement.
(b) The singular tense includes the plural and the masculine
gender includes the feminine.
(c) Titles to the paragraphs of this agreement are descriptive only
and do not alter, limit, expand or amend the substance of the
section itself.
(d) The "property" or "premises" means the real estate described
on Exhibit"A", which is generally located at Enterprise Lane
in Canton, Illinois, and which bears Tax Identification No.
09-08-29-402-009, together with all fixtures therein or
thereon which are now a part of said premises.
2. PURCHASE AND SALE: Subject to the contingencies stated herein, if the
Purchaser shall first make the payments and perform the covenants hereinafter mentioned on
the Purchaser's part to be made and performed, the Seller will convey the property to the
Purchaser, in fee simple, clear of all encumbrances other than those hereinafter expressly
excepted in Par. 3 hereof,by a Warranty Deed, executed by Seller.
3. THE DEED: The deed shall be a Warranty Deed made pursuant to the
provisions of 765 ILCS 5/9 and shall be subject to the following:
(a) General real estate taxes for the year in which this contract is signed
subject,however,to the pro-ration thereof as hereinafter provided.
(b) Easements as shown by the public records;
(c) Zoning regulations;
(d) Building regulations, ordinances and resolutions;
(e) Easements for public and quasi-public utilities over, across and under
the property, if any;
(f) Rights of the public, the State of Illinois and the municipality in and
to that part of the property taken or used for roads and highways.
(g) Any acts of the Purchaser or the Purchaser's successors in interest.
Said Warranty Deed shall be delivered by the Seller to the Purchaser simultaneously with
the closing of this Real Estate Sale Agreement upon full compliance with the terms and
conditions hereof Seller shall cause said Warranty Deed and Illinois Real Estate Transfer
Declaration ("PTAX-203") to be prepared at Seller's expense and Seller shall attach the
appropriate revenue stamps required by Form PTAX-203 to said Warranty Deed in order to
make same recordable or allow a credit to the Purchaser at the time of closing for the
amount of such stamps. Purchaser shall pay the recording costs for said deed once the
appropriate revenue stamps have been purchased by the Seller and affixed to the Warranty
Deed.
4. PURCHASE PRICE: The Purchaser will pay to the Seller, as
consideration for said conveyance and for the covenants of the Seller the sum of$5,000.00
in the manner following: the entire balance of$5,000.00 at closing, simultaneously with the
delivery of the Warranty Deed hereinabove provided, which then conveys merchantable title
in accordance with this Agreement to the Purchaser.
5. PRORATIONS:
a. Real Estate Taxes: Taxes for any year prior to the year in which this sale
closes shall be paid by Seller, if any. Taxes for the year in which the sale closes shall be
prorated, with Seller paying that portion accruing prior to the date of closing and Purchaser
paying that portion accruing on and after the date of closing. If the amount of real estate
taxes for any year cannot be ascertained by the time of closing, then the taxes for that
particular year shall be computed on the basis of the best available tax information at the
time of closing. Taxes for any year after the year in which this sale closes shall be paid by
the Purchaser.
b. Utilities: All utilities, if any and any other proratable items such as rent shall
be prorated to the day prior to the date of closing, with the Seller paying or receiving that
portion accruing to the Seller prior to the date of closing and the Purchaser paying or
receiving that portion accruing to the Purchaser on and after the date of closing.
c. Adjustment: All prorations and adjustments required to be made under this
Paragraph shall be made at the time of the closing of this transaction with an appropriate
cash payment or a credit to the purchase price and all such adjustments or payments, once
made, shall be final.
6. INSURANCE: All existing insurance now carried on the improvements on
said real estate, together with any existing public liability insurance, shall be kept in force at
the expense of the Seller until 12:00 Noon, local time, on the day following the closing of
this transaction, at which time Seller may cancel the existing insurance on the premises. In
the event of material damage to or destruction of the improvements on the premises after the
date of this Agreement, but prior to the date of closing, Purchaser shall have the right to
accept the premises as it then exists, together with an assignment of the Seller's insurance
proceeds, in which event Purchaser shall complete the purchase of the property in a timely
fashion; or, in the alternative, the Purchaser may withdraw from this transaction and receive
a complete refund of any down payment made hereunder and Seller shall be entitled to
receive all of the proceeds of any policies of insurance for the damage to the improvements
to the premises.
In the event that the Purchaser elects an assignment of Seller's insurance
proceeds, the Seller shall fully cooperate with the Purchaser in all respects in connection
with any dealings with or requirements of the Seller's insurance company to complete the
claim and receive the proceeds of the policy.
7. EVIDENCE OF TITLE: A preliminary commitment for the issuance of an
owner's policy of title insurance drawn upon a reputable title insurance company in the
amount of Five Thousand and No/100 Dollars ($5,000.00) shall be furnished to the
Purchaser more than fifteen (15) days prior to the date of closing, unless otherwise waived
by Purchaser. Seller shall pay all the costs and fees for the basic search, preparation of the
title insurance commitment,the title insurance premium and other such usual and customary
expenses associated with the issuance of an owner's policy of title insurance in the amount
of the purchase price hereunder upon the closing of this transaction. Purchaser shall pay the
cost of any later day search and the cost of any separate endorsements required by Purchaser
beyond the basic owner's policy of insurance being provided by the Seller hereunder. "Title
Insurance" means a Commitment for Title Insurance displaying merchantable title in the
Seller followed by the issuance of an owner's policy of title insurance in the usual form,
(Title Insurance Company)
subject to the exceptions noted in Paragraph 3 above and such other exceptions as are
standard exceptions in a policy of title insurance of the type and kind to be issued hereunder.
8. CLOSING AND POSSESSION: This transaction shall be closed at the
law office of Barnhart, Tinsman&Associates, Ltd. 121 W. Elm Street, Canton, IL 61520 on
or before June 30, 2021. Each party shall pay one-half of the expenses of the closing
including, without limitation, the preparation of the closing statements, disbursement sheets,
attendance at closing by the closing agents and the preparation and any reporting to IRS on
such forms as may be required by law. Possession of the entire premises shall be delivered
simultaneously with the closing of this transaction.
9. SELLER'S WARRANTIES:
a. PURCHASER AGREES TO PURCHASE THE PROPERTY "AS IS"
AND "WITH ALL FAULTS" AND ACKNOWLEDGES THAT SELLER MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE.
b. Both Purchaser and Seller acknowledge that it is not necessary to
exchange Lead Paint Disclosure form, nor Residential Real Property Disclosure form,
since the premises is not residential real estate.
c. Each of the parties represent and warrant to the other that neither has
contacted any broker, agent, "finder", or other party who would be entitled to a fee upon
the closing of this transaction. Each party shall assume and hold the other harmless
against all such fees and expenses.
d. To the best knowledge of the Seller, there is no condition existing with
respect to the premises which violates any law, rule, statute, ordinance, regulation,
building code or other regulation of any governmental or quasi-governmental authority
having jurisdiction over the premises, and Seller has not received any notice, written or
otherwise, from any governmental or quasi-governmental authority requiring the
correction of any condition with respect to the premises.
e. All written materials, surveys, and plats available to the Seller will be
delivered to the Purchaser at the time of closing.
f. There is no action proceeding or investigation pending or, to the Seller's
knowledge, contemplated or threatened, which affects the premises or the ownership,
operation, use or condition of the premises before any court or before any administrative
agency, which has resulted or which might result in a change in the present condition of
the premises, limit the use of the premises or the development of the improvements
thereon, or result in any environmental or EPA (state or federal)proceeding or charge of
any kind.
10. DEFAULT: "Default" means the failure of either party to perform any
required act or make any required payment pursuant to the terms of this agreement. In the
event the Purchaser shall default, the Seller shall have any one or a combination of more
than one of the following remedies:
a. Seller may forfeit the rights of the Purchaser under this agreement and retain
the down payment made pursuant to Paragraph 4 hereof(if any).
b. Seller may sue the Purchaser for specific performance of the Purchaser's
obligations hereunder as well as exercise any other rights and remedies available at law
or in equity.
In the event the Seller shall default, the Purchaser may sue the Seller for specific
performance of the Seller's obligations hereunder, of for Purchaser's damages flowing
from a breach of this agreement by the Seller, as well as the exercise any other rights
and/or remedies available at law or in equity.to the Purchaser.
In the event of default, the defaulting party shall reimburse non-defaulting party for
all reasonable attorney's fees and reasonable expenses of litigation incurred by the non-
defaulting party in the enforcement of the obligations hereunder or in such amounts as may
be determined by a court.
12. SELLER'S CONTINGENCIES: This Agreement is contingent upon each
of the following items:
a. City Council Approval: This Agreement is contingent upon the affirmative
vote of three-fourths (3/4) of the Canton City Council to approve the sale of the property,
which may have occurred prior to the execution of this Agreement. If the Canton City
Council shall fail to approve any purchase/sale of the property by an affirmative vote of
three-fourths (3/4), then Seller may cancel this Agreement without penalty and without any
further obligation for performance, and this Agreement shall then become null and void as
to the parties.
b. Redevelopment Agreement: This Agreement is contingent upon Purchaser
executing a Tax Increment Financing (TIF) Redevelopment Agreement prior to or on the
date of closing, which shall be approved by the Canton City Council prior to the Purchaser
executing same.
13. PUBLICATION IN NEWSPAPER: Purchaser shall be authorized to
publish any notice of this Agreement or sale, including without limitation any Ordinance
related thereto, or any other publication required under Illinois law, in a newspaper or
newspapers of general circulation in Fulton County in order to abide by any such laws
governing municipalities. Closing may be extended, at the option of the Purchaser, in the
event additional time is needed to properly and timely comply with Illinois law and the
publishing requirements set forth therein.
14. MISCELLANEOUS: The following miscellaneous provisions shall also
apply to and be a part of the agreement between the parties hereto:
a. This Agreement represents the total agreement of the parties and there are no
other agreements, written or oral, which are not made a part hereof
b. Purchaser shall be free to obtain a survey at Purchaser's sole expense and
without any expense to the Seller hereunder. Seller shall cooperate to make the premises
available to the Purchaser's surveyor.
c. Each party will hold the other harmless from any and all brokers'
commissions, finders' fees, consultants' fees or auctioneer fees due upon the closing of the
transaction herein contemplated to any auctioneer, broker, salesman, agent, finder or
consultant claiming to have acted on either party's behalf.
d. This Agreement shall be binding upon the heirs, successors, executors,
administrators and assigns of the parties hereto.
e. Any warranties, agreements and obligations of either of the parties hereto
which provide for future performance shall not be deemed merged in the delivery of any
deed or delivery of any document at the closing of this transaction, but shall remain in full
force and effect and fully enforceable as a part of this contractual agreement and shall not be
deemed merged or destroyed as a result of the closing of this transaction.
f. Time shall be in all things of the essence of this Agreement and all of the
covenants and agreements contained herein.
g. This Agreement may be executed simultaneously in two or more
counterparts each of which shall be deemed an original, and all of which, when taken
together, constitute one and the same document. The signature of any party to any
counterpart shall be deemed a signature to, and may be appended to, any other
counterpart. This Agreement, to the extent signed and delivered by means of a facsimile
machine or by emailed PDF, shall be treated in all manner and respects as an original
agreement or instrument and shall be considered to have the same binding legal effect as
if it were the original signed version thereof delivered in person. No party hereto or to
any such agreement or instrument shall raise the use of a facsimile machine or email to
deliver a signature or the fact that any signature or agreement or instrument wad
transmitted through the use of a facsimile machine or email as a defense to the formation
or enforceability of a contract and each such party forever waives any such defense.
[SIGNATURE PAGE TO FOLLOW]
WITNESS the hands and seals of the parties hereto on the day and year first above
written.
PURCHASER: PURCHASER:
BEN HENDRICKS TRUCKING,INC. CITY OF CANTON
Ilio ‘ .i
By: Vent McDowell, Ma,or
Its:
Atte .
Diana Pavley Rock, City Clerk
WITNESS the hands and seals of the parties hereto on the day and year first above
written.
PURCHASER: PURCHASER:
BEN HENDRtCKS TRUCKING, INC. CITY OF CANTON
By: Ben Hendricks Kent McDowell, Mayor
Its: President
Attest:
Diana Pavley Rock,City Clerk
EXHIBIT A
OUTLOT 1 OF THE SUBDIVISION OF ENTERPRISE INDUSTRIAL
DISTRICT, AS SET FORTH IN THE PLAT RECORDED IN THE
RECORDER'S OFFICE OF FULTON COUNTY, ILLINOIS, AS DOCUMENT
NO. 84-8960, CONTAINING 6.529 ACRES, MORE OR LESS, SUBJECT TO
ALL PRESENT AND FUTURE EASEMENTS, COVENANTS, AND
RESTRICTIONS, ALL SITUATED IN THE CITY OF CANTON, COUNTY OF
FULTON, STATE OF ILLINOIS
P.I.N. 09-08-29-402-009