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HomeMy WebLinkAboutResolution #10464 r c RESOLUTION N0. 1046 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND LA ROMA PIZZA, INC. AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER THE SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON WHEREAS, the City of Canton, Illinois has entered into negotiations with LaRoma Pizza, Inc. for the sale of 1.0 acres in the City's Enterprise Industrial District; and, WHEREAS, 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, WHEREAS, the City Council of the City of Canton, Illinois has determined that it is desireable and in the best interest of the City of Canton to enter into said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois, as follows: 1. That the Agreement between the City of Canton and La Roma Pizza, Inc. which is attached hereto and made a part 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 immedi- ately 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/~~t~~~~~ meeting this 21st day of .October , 19 g4 , upon a roll call vote as follows: AYES : Al dern~n Kovachevi.ch, Harnro~nd, Savill , Sarf f , Worlanari, Carl , May, Horr . NAYS: Nose, ABSENT: Ncme, APPROVED: Donald Edwards, Mayor. ATTEST: Nan Whit , City Clerk. AGREEMIIV'I' FOR DEED ARTICLES OF AGREII~'~]T, made as of this 1st day of September A.D. 1984 between The City of Canton, an Illinois municipal corportion, hereinafter called "Seller", and LaRoma Pizza, Inc., an Illinois corporation, 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: Part of Lot Number Two (2) of the Preliminary Plat of the Enterprise Industrial District, dated July 17, 1984, being more particularly described as follows: Conariencing at the Southwest corner of said Lot 2, thence running East along the South line of said Lot #2 a distance of 217.8 feet to a point; thence, running North and parallel to the West line of said Lot #2 a distance of 200.00 feet to a point on the North line of said Lot #2; thence, running West along the North line of said Lot #2 a distance of 217.8 feet to the Northwest corner of said Lot #2; thence, running South along the West line of said Lot #2 a distance of 200.00 feet to the Point of Beginning, containing 1.0 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. EXHIBIT "A" RESOLUTION NO. 1046 r 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 Five Thousand Dollars ($5,000.00) in the manner following:' the sum of Five Thousand Dollars ($5,000.00), cash, at closing. Possession to be given upon closing. A title insurance policy in owner of record at date of conveyance shall be furnished by Seller for examination by Buyer not less than seven (7) days before closing. Both Seller and Buyer agree that the subject property is part of an industrial site or park now being developed by Seller. Buyer agrees to use - the above described real property only in conformity with 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 prcanulgated and as the same may here- after 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 place- ment 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 hereafter applied to the aforesaid industrial site or park, 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 hereafter developed by the City of Canton. 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 Canton Enterprise Zone. Accordingly, Seller and Buyer both hereby agree that the gross sales price set forth on Page 2 of this Agreement shall be modified as follows: A sum equal to $100.00 multiplied by the number of permanent jobs created by Buyer one year from the date hereof shall be deducted from the aforesaid gross sale 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 purposes on the first anniversary of this Agreement which is then filled. The number of -2- such permanent jobs shall be certified to the Canton City Council by the City of Canton's Comnauiity 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 Agreerr-ent. 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. Both Seller and Buyer acknowledge that the legal description of the subject real property set forth on Page 1 of this Agreement is a tentative legal descrip- tion and is specifically subject to questions of survey. Still further, Buyer recognizes that the subject property described on Page 1 of this Agreement contains 1.0 acre, more or less, and that such measure of acreage is not precise. Accordingly, Buyer agrees to accept a deed to property in substantially the configuration as set forth in Exhibit A hereto attached, which total area shall not be less than 1.0 acre in area. The parties recognize and agree that a more accurate and precise legal description shall be forthcoming when the industrial site or park, of which the above described real property is a part, is officially subdivided and filed of record with the Fulton County Recorder. Notice shall be given to any party hereto by United States Mail, certified mail, return receipt requested, and directed to the following addresses: 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 Atrorney at the above stated address. To Buyer: LaRoma Pizza, Inc. 47 South Alain Street Canton, Illinois 61520 OTHER TERMS AND OONDITIONS: Notwithstanding the provisions of this Agreement found at Page 2 hereof, the gross sales price set forth at Page 2 of this Agreement shall not be modified so as to fall below a modified gross sales price of $2,000.00 -3- Seller to provide sewer and water services to the above described real property not later than September 30, 1984. The Preliminary Plat of the Enterprise Industrial District, dated July 17, 1984, is hereto attached as Exhibit "A" and is herein fully incorporated by reference. IN WITNESS WHEREOF, Seller and Buyer have executed duplicate originals of this Agreement for Deed as of the date first above-mentioned. BUYER: LaRoma Pizza, Inc., an Illinois corporation, BY: Its President Date: , 1984 Address: 47 South Main Street Canton, Illinois 61520 Phone: (309) 647- ATTEST: Corporate Secretary. (CORPORATE SEAL) SELI~EEZ: City of Canton, an Illinois municipal corporation, BY: Date: Its mayor Address: 210 East Chestnut Street Canton, Illinois 61520 Phone: (309) 647-0065/0020 ATTEST: ty Clerk. (CORPORATE SEAL) 1984 -4 and last- .; -, ~. AGREIIKII~'I' FOR DEED ARTICLES OF AGREEM~]T, made as of this 1st day of September A.D. 1984 between The City of Canton, an Illinois municipal corportion, hereinafter called "Seller", and LaRoma Pizza, Inc., an Illinois corporation, 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: Part of Lot Number Two (2) of the Prelim;nary Plat of the Enterprise Industrial District, dated July 17, 1984, being more particularly described as follows: Commencing at the Southwest corner of said Lot 2, thence running East along the South line of said Lot #2 a distance of 217.8 feet to a point; thence, running North and parallel to the West line of said Lot #2 a distance of 200.00 feet to a point on the North line of said Lot #2; thence, running West along the North line of said Lot #2 a distance of 217.8 feet to the Northwest corner of said Lot #2; thence, running South along the West line of said Lot #2 a distance of 200.00 feet to the Point of Beginning, containing 1.0 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. EXHIBIT "A" ~ RESOLUTION NO. 10 4 6 ~; 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 Five Thousand Dollars ($5,000.00) in the mariner following: the sum of Five Thousand Dollars ($5,000.00), cash, at closing. Possession to be given upon closing. A title insurance policy in owner of record at date of conveyance shall be furnished by Seller for examination by Buyer not less than seven (7) days before closing. Both Seller and Buyer agree that the subject property is part of an industrial site or park now being developed by Seller. Buyer agrees to use the above described real property only in conformity with 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 here- after 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 place- ment 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 hereafter applied to the aforesaid industrial site or park, 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 hereafter developed by the City of Canton. 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 Canton Enterprise Zone. Accordingly, Seller and Buyer both hereby agree that the gross sales price set forth on Page 2 of this Agreement shall be modified as follows: A sum equal to $100.00 multiplied by the number of permanent jobs created by Buyer one year frown the date hereof shall be deducted fran the aforesaid gross sale 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 purposes on the first anniversary of this Agreement which is then filled. The number of -2- ~~ 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. Both Seller and Buyer acknowledge that the legal description of the subject real property set forth on Page 1 of this Agreement is a tentative legal descrip- tion and is specifically subject to questions of survey. Still further, Buyer recognizes that the subject property described on Page 1 of this Agreement contains 1.0 acre, mare or less, and that such measure of acreage is not precise. Accordingly, Buyer agrees to accept a deed to property in substantially the configuration as set forth in Exhibit A hereto attached, which total area shall not be less than 1.0 acre in area. The parties recognize and agree that a more accurate and precise legal description shall be forthcoming when the industrial site or park, of which the above described real property is a part, is officially subdivided and filed of record with the Fulton County Recorder. Notice shall be given to any party hereto by United States Mail, certified mail, return receipt requested, and directed to the following addresses: 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 Atrorney at the above stated address. To Buyer: LaRoma Pizza, Inc. 47 South Main Street Canton, Illinois 61520 O'I'fiIIt TERMS AND CONDITIONS: Notwithstanding the provisions of this Agreement found at Page 2 hereof, the gross sales price set forth at Page 2 of this Agreement shall not be modified so as to fall below a modified gross sales price of $2,000.00 -3- ~ r Seller to provide sewer and water services to the above described real property not later than September 30, 1984. The Preliminary Plat of the Enterprise Industrial District, dated July 17, 1984, is hereto attached as Exhibit "A" and is herein fully incorporated by reference. In the event an objection to title is raised which causes title to be less than merchantable, Seller may, in its sole option, (a) at Seller's expense cure such defect, or, (b) declare this agreement null and void and return to Buffer all money paid by Buyer without interest. In the latter event, Buyer irrevocably agrees to not bring any claim against Seller occasioned or based upon such cancellation. IN WITNESS WHEREOF, Seller and Buyer have executed duplicate originals of this Agreement for Deed as of the date first above-mentioned. BUYER: LaRoma Pizza, Inc., an Illinois corponrati , BY: ',IL.~Q Its President Date: ~: ~ ~ , 1984 Address: 47 South Main Street Canton, Illinois 61520 SELLER: City of Canton, an Illinois municipal corporati n, BY: ~ ~ Its Mayor Date: S~~~y ~ ~ , 1984 Address: 210 East Chestnut Street Canton, Illinois 61520 Phone: (309) 647- ~ZZ`1 ATT(EST~: ~ ~ ~ Corporate Secretary. (CORPORATE SEAL) Phone: (309) 647-0065/0020 ATTEST: Cit Clerk. (CORPORATE SEAL) -4 and last-