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HomeMy WebLinkAboutResolution #1045 RESOLUTION NO. 1045 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND 7F-- ROBERT WHEELER 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 Robert Wheeler III for the sale of 2.92 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 Robert Wheeler III 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~~~~ meeting this 21~_ day of October 19 $4 upon a roll call vote as follows: AYES : Aldermen Horn, May, Carl, Wor~anarz, Ham~nrnzd, Kovachevi.ch. NAYS: Aldermen Sarff, Savill. ABSENT: None. APPROVED: Donald E. Edwards, Mayor. 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D. 1984 betweP._n the City of Canton, an Illinois rr~~,~icipal coi-roration, herein- after called "Seller", and Robert Wheeler III ~,:~1;~'~,is;Y,~~-,~y.~ }~~~i, hereinafter called "Buyer" witnesseth, that, if the Buyer shall first ;~ ke the payrrp_nts and perform the covenants hereinafter mentioned on its r.~rt r_o be made and perfoi~r,ed, 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 folla~s, to-wit; Lots Number One (1) and Two (2) of the Preliminary Plat of the Enterprise Industrial District, dated July 17, 1984, excepting therefrom the West 217.8 feet of each of said Lot #1 and Lot #2, containing 2.92 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. ~~ ~ v y '1, fr -1- EXHIBIT "A" RESOLUTION NO. z G.tlC'E Of ti)E C~t~• C1erE:, C1t~' F. 1311.._no ..'.(J r (':._c~%li~ 5..., v~:,l.... _ .. _. i t:,e sum of Fourteen thousand six hundred dollars ($14,600,00) --- ir. t,~ -,_...._. following; the sus or ($3,650.00) Three thousand six hundred fif and 00 100 Dollars, cash on or before the date of delivers hereo{, receipt »}'=roof is hereby ac}_nowled~ed, and the balance of S 10,950.00_(Ten thousand mine hundred fifty) 4'=_::^;._ 1nLereSL pcCcble 1ri -nur (~i F~,;pl _-.5~~'_.._;-ts of S 737 50~Tw~?_thousand 2,-- sey~ hundred thirty seven&50/100 dollar each, with the first such ps-:,:~=nt dlle the Ist day of September, 1985 and with lik-e pa}~^°_nts to be due on the first day of each and every wear thareafter succeeding until paid in fvIl, and to pay all general ta~:es and special assessments or i~~nositions that Way be legally levied or imposed upon said land, subsequent to the date hereof. And in case of failure of the Buyer to make either of the pay~3ents, or any part thereof, or perform any of the cove..an*_s on its part hereby r'ade and entered into, this cont. act shall, at the option of the Seller, be forfeited and determined, and the Buyer shall forfeit all payments made by it on this contract and such pa;-ments shall be retained by the Seller in full satis`action and in Iiouidation of all damages by it sustained and it shall have the right to re-enter and take possession of the premises aforesaid_ Possession to be given upon execution and acceptance by Buyer. A title insurance policy in owner of record at date of conveyance shall be furnished by Seller for examination by Buyer not less than sixty (60) days before final payment. IT IS MU1U~hLY AGREED, By and between the parties hereto, that time of parent shall be the essence of this contract and that all the covenants and agreements herein contained shall extend to and be obligator} upon the heirs, executors, administrators and assigns of the respective parties. -2- ~~ Botr. Seller and Bu\'er aCreE t;~L `_.:° ~U _ ~.. LiODert~' ZS .-.c:i C: ~.. in~+ustrial site or park: now being de-.>elc;~ed bl• Seller. Buyer a~r_es tc use the above described real propertyy onl~* in conforTity with CitF a. Canton Zoning Ordinance (now codified as Title 10, Chapters 1 t~,ry ZG, inciusivE,. of the Cantor, "Sunicipal Cone) as the sa:~e is nok ?rc--a~I~ated u-,d as ti7? _, .....p ~ ~~~ 11 - ~ _ Cl t =i L G ~ _ _. _?~ . ~Lr ~ - - ~5 tri ~.._ L _..~ above described real proaertc in co;~fer;-~t}' with all applica~•ie ~ ~~;es or regulations of the State or Illinois r.nviro::~.,ental Protection Ag~_ncy, of the Federal En~Tiro~.-..~nta1 Protection ~~~ncy, and of the Feceral Aviation Ac:~inistration (c.-ith res:~ect to the height and place;aent of ~_ i_mprovements 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 Iand 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, Seiler 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 $292.D0 multiplied by the number of peri,anent jobs created by Buyer one year from the date here- of shall be deducted from the aforesaid gross sale price. For purposes of ti-is paragraph, a "per~;,anent job" shall be any job created by 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 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 -3- LC ..~ar'.E ILS bOOt:S c7}Q recores c'Ja1i3b:C LC :. .. ,. i `1' Gt .r.cntGP., i ,5 4..: _ i and c~D10Vees IOr DurpC6e5 Of Sucn Certl:lCc%iCL. E~.:yer hereby irrevocably agrees that it s all not file eit'r.er a ccp~~ o.' this ncreer,ent or any memoranda hereof with the ru2ton County Recorder. Sti1= urt~,er, Buyer irrevocably agrees -that it s'r,all not nel~it any IiKn or - ~ ET.~;:'.=:'c'1CE, t0 In^_~L)Ce 2nd' iv.~rt~^re, t0 bE _ .c%c'v L"'_~iJn t}lf' c'D:~~E G~?SCribEL~ rea_ . - -==t~- ;,it:,out First obtainin~ Sel"er's •»rit~~n cor.s~nt t:.-~reto. In t:,e event of Buyer's ,default in the premises hereof, and notwithstanding any of the foregoing provisions relating to--iiouidated "dal~zges,''Buyer-.hereby irrevoc_biv aere~s t'r;at Seller shall, by operation of law, become the sole -_ and exclusive o'h-ner of any and all improvements placed upon the above described real property by or at the direction of Euyer. Further, Buyer hereby agrees to place in escrok with Seller, within 10 cat's of the date hereof, a good and sufficient Ouit-claim Deed, in form satisfactory to the Canton City Attorney, for Seller's filing in the Fulton County Land Records in the event of default by Buyer in the p remises hereof. This Agreement shall be accepted in writing by Buyer within 14 days of the date hereof. Acceptance, within the meaning of this paragraph, shall be deemed to have been made by Buyer upon Seller's receipt of a fully executed original of this A greement at Seller's address of record as more fully set forth herein. Prior to acceptance by Buyer, Seller reserves the absolute '- right to unilateral-ly cancel or rescind this Agreement. Such cancellation or rescission shalh be effective as of the date~.and time Seller deposits written notice t-3~ereof in the United States Mail at Canton, Illinois. Both Seller and Buyer ac]~nowledge that the Legal description of the subject real property set forth on page 1 of this Agreement is a tentative legal description and is specifically subject to Questions of survey. Still further, Buyer recognizes that the subject property described on page-'1 -4- c. _~:is h~r~~:.,nnt contains 2.92 a=.e~ , ,. ,r_ o: _~~s, anc ~ra_ ~t1", _._.... 'oi acreegE is not precise. Accordingl}•, bu~•er ae-ees to accept a c_ec tc pro:~ert~• ir. suestantially the configuration as set forth in _:_ ici. h h=r4.c attached, which total area shall not vary bti• 10;o from 2.9g acres it area. The oarties recognize and agree that a more accurate and precise ~egal C'cscr,.or: =hall bE fOrtI1CG'L1T_1€ wi,2n the inGL'Strial Slie Gr ^ar}~, G. L'~'?iC:. tilE cD~JC CESCriDeiJ real Iirv^erty ~S 2 ?~crL, 1S GfiiClall~' SUD=1'1'~_~d and filed of record with the Fulton Counts kecorder. Notice shall be given to any party hereto by United States ?•fail, certified r.~ail, return receipt reauzsted, and directed to the foIloFTing aocresses: ~_ Te Seller: City Clerk _ city Building 210 East Chestnut Street Canton, Illinois 61520 Any notice given to the Seller shall include an info~,,.ational copy, maned -as aforesaid,-and addressed to the attention of the City Attorney at the above stated address. To Buyer: Robeaf C<~h~~l~e~- :ZIL CAYifon, ~~~inoiS- ~pl'joZO OTHER TEK*~iS AND CONDITIONS _ Notwithstanding the provisions. of this Agreement found at page 3 hereof, the gross sales price set forth at page 2 of this Agreement shall not be modified so us to fall below a modified gross. sales price of $5,340.00. The annual pa}gents provided for at page 2 of this Agreement shall be proratabiy reduced as of the first anniversary of this Agreement in the same ratio as the modiried sales price set forth at page 3 of this Agreement bears to the press sales price set forth at page 2 of this Agreement. Seller to provide sewer and water services to the above described real property not later than Septc,;,ber 30, 1954. - -5- 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. ' Buyer shall have completed at least 51~ of the improvements to be made to the aforesaid real property within 12 consecutive months of the date of this agreement. If at least 51~ of said improvements are not complete within 12 consecutive months of the date of this acreement, this Agreement for Deed shall automatically terminate and Seller may reenter without process of law and take possession of the aforesaid real property. In such event, Buyer shall be fully responsible for any liens or encumberances which may have attached to said realty. IT ~+TZT;:ESS +~dEny,OF, Seller and ~u}er have ez:ecuted duplicate originals of _ this L~;e~~,ent For Deed 2s of the date first aDOVe-mentioned. B iJY ER: SELLER: Robert Wheeler III City of Canton, an Illinois municipal R. R. ~~3 corporation, Canton, Illinois 61520 ~ ~ ~ BY : ~ ~ o er ee er I is Mayor. Date: Sept. 20 1984 Date: Sept. -20 1984 -- Address: ~;•~~ # 3-_ - Andress: 210 East chestnut Street ~An„~'o/!~ ~~I` ~~~~ Canton, IL. 61520 ~no~S Phone: ~3~q}~yr~_ yoaa Phone: (309) 647-0065/0020 ATTEST: "- __ City Clerk. (CORPORATE SEAL) -6 and last-