HomeMy WebLinkAboutOrdinance#4259 CERTIFICATE
THE UNDERSIGNED CERTIFIES THAT SHE IS THE CITY CLERK FOR THE CITY
OF CANTON, ILLINOIS, AND THAT THE CITY COUNCIL AT A REGULARLY
CONSTITUTED MEETING OF SAID CITY COUNCIL OF THE CITY OF CANTON ON
THE 5TH DAY OF OCTOBER, 2021 ADOPTED ORDINANCE NO. 4259, A TRUE AND
CORRECT COPY OF WHICH IS CONTAINED IN THIS PAMPHLET.
GIVEN UNDER MY HAND AND SEAL THIS . DAY OF OCTOBER, 2021.
(SEAL)
D ANA PAVLEY-ROCK
CITY CLERK
CITY OF CANTON, ILLINOIS
ORDINANCE NO. 4259
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A
TIF REDEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF CANTON,FULTON COUNTY,ILLINOIS
AND
MENG EN WANG
PASSED BY THE CITY COUNCIL
OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS,
ON THE 5""' DAY OF OCTOBER, 2021.
PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE CITY
COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS,
THIS 5`h DAY OF OCTOBER, 2021.
EFFECTIVE: OCTOBER 5,2021
CITY OF CANTON, ILLINOIS: ORDINANCE NO. 4259
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
MENG EN WANG
BE IT ORDAINED BY THE CITY OF CANTON, FULTON COUNTY, ILLINOIS
THAT:
1. The Redevelopment Agreement with Meng En Wang (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 5th day of
October, 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 5th day of October,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-ABSENT
Andra Chamberlin X
Jeff Fritz X
Craig West
Greg Gossett X
Justin Nelson X
John Lovell X
Angela Hale X
Kent A. McDowell,Mayor
TOTAL VOTES 6 0 1
APPROVED: ,Date: / /2021
�vykro
r Com:. `fC,anton
ATTEST: � „ Date:_/_/2021
City Clerk, City of Canton
ATTACHMENTS:
EXHIBIT A. REDEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF CANTON AND
MENG EN WANG.
TAX INCREMENT FINANCING DISTRICT
REDEVELOPMENT AGREEMENT
by and between
CITY OF CANTON, FULTON COUNTY, ILLINOIS
and
MENG EN WANG
CANTON 1 - DOWNTOWN / 5TH AVENUE
TAX INCREMENT FINANCING DISTRICT
OCTOBER 5, 2021
TIF REDEVELOPMENT AGREEMENT
by and between
CITY OF CANTON
and
MENG EN WANG
CANTON 1- DOWNTOWN / 5TH AVENUE TIF DISTRICT
THIS TIF REDEVELOPMENT AGREEMENT (including Exhibits) is entered into this 5`'
day of October, 2021, by the City of Canton (the "City"), an Illinois Municipal Corporation, Fulton
County, Illinois, and Meng En Wang (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 65 ILCS 5/8-1-2.5, a municipality may appropriate and expend funds
for economic development purposes,including without limitation for commercial enterprises that are
deemed necessary or desirable for the promotion of economic development within the community;
and
WHEREAS,pursuant to the Tax Increment Allocation Redevelopment Act,65 ILCS 5/11-74.4.4
et 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 / 5`"Avenue TIF District) (hereinafter referred to as
the "TIF District"); and
WHEREAS, one such property is located at 52 N. Elm Street, Canton, Illinois, (P.I.N. 09-08-27-
416-002 is within the TIF District Redevelopment Project Area (the "Property"); and
WHEREAS, the Developer owns the Property is proceeding with plans to rehabilitate and
renovate the building located thereon for operation of coffee shop therein(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 base of the City,which increased incremental taxes will be used,in part, to finance
incentives to assist development within the TIF District;and
Meng En Wang Redevelopment Agreement Page 1
WHEREAS, the Developer's proposed Project is consistent with the TIF District
Redevelopment Plan and Projects for the Redevelopment Project Area and further conforms to the
land uses of the City as adopted;and
WHEREAS,pursuant to Section 5/11-74.4-4(b) of the Act,the City may make and enter into all
contracts with property owners, developers, tenants, overlapping taxing bodies, and others necessary
or incidental to the implementation and furtherance of the Redevelopment Plan; and
WHEREAS, pursuant to Section 5/11-74.4-40) of the Act, the City may incur project
redevelopment costs and reimburse developers who incur redevelopment project costs authorized by
a redevelopment agreement and further defined in Section 5/11-74.4-3(q) of the Act,including those
Estimated TIF Eligible Project Costs as herein listed in the attached Exhibit "V of this
Redevelopment Agreement;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 generated within the TIF District
and the City has agreed to such incentives;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 and generally to enhance the
economy of the City; and
WHEREAS, the City has reviewed the conditions of the Property and has reason to believe that
the costs of the necessary public and private improvements to be incurred by the Developer in
furtherance of the Project are eligible project costs under the Act and are consistent with the
Redevelopment Plan of the City;and
WHEREAS, the Parties have agreed that the City shall reimburse the Developer an amount not
to exceed Twenty Thousand Dollars and No Cents ($20,000.00) as set forth below from the TIF
District Special Tax Allocation Fund for reimbursement of a portion of the Developer's TIF Eligible
Project Costs as described in Exhibit "V attached hereto; and
WHEREAS, in consideration of the execution of this Agreement, the Developer is completing
the Project as set forth in Exhibit "V; and
WHEREAS, the City is entering into this Agreement to induce the Developer to proceed with
the Project located on said Property.
AGREEMENTS
NOW,THEREFORE,the Parties, for good and valuable consideration, the receipt of which is
acknowledged, 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.
Meng En Wang Redevelopment Agreement Page 2
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 complete the Project within twelve (12) months from the date this
Agreement is executed, subject to extension due to Force Majeure (defined below). The
Project will be deemed complete when rehabilitation and renovation of the building located
on the Property is complete and the coffee shop located therein is open an operating.
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 the TIF District which includes the Developer's Property. The City has
approved certain Redevelopment Project Costs,including the types described in Exhibit 111" for the
Developer's Project.
C. INCENTIVES
In consideration for the Developer completing its Project as set forth herein, the City agrees to
extend to the Developer the following incentives to assist the Developer's Project:
1. The City shall reimburse the Developer for its TIF Eligible Project Costs as set forth in
Exhibit "I" attached hereto, and verified pursuant to Section E below, from the City's TIF
District Special Tax Allocation Fund an amount not to exceed Twenty Thousand Dollars
and no Cents ($20,000.00),upon completion of the Project pursuant to Section A(3)above
and verification of a minimum of$20,000.00 of TIF Eligible Project Costs pursuant to Section
E below.
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 above exceed Twenty Thousand Dollars and
No Cents ($20,000.00) as set forth herein.
2. The Developer agrees to timely complete the Project, subject to Force Majeure, as defined
below.
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.
Meng En Wang Redevelopment Agreement Page 3
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.
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 in
writing, copies of all PAID annual real estate tax bills, annually, 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.
Meng En Wang Redevelopment, grevwnt Page 4
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 matetialman 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 Projcct. 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.
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
Meng En Wang Redevelopment Agreement Page 5
(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 (including,but not limited to, the right to payments contemplated by Section C of this
Agreement) and obligations (or either of them) of the Developer under this Agreement shall not be
assignable unless by written authorization of the City.
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.
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 (3`d) 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:
Meng En Wang Canton City Clerk
1525 E. Sycamore City Hall
Canton, IL 61520 2 N. Main Street
Canton, Illinois 61520
Telephone: (309) 647-0020
With copy to:
Jacob&Klein,Ltd.
Economic Development Group,Ltd.
1701 Clearwatcr Avcnuc
Bloomington,Illinois 61704
Telephone: (309)664-7777
Meng En Wang Redevelopment Agreement Page 6
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 not 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:
IS 't" Wl / a 1 md m The Developer shall
_ , a
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. TITLES OF PARAGRAPHS
Titles of the several parts, paragraphs, sections or articles of this Agreement are inserted for
convenience of reference only and shall be disregarded in construing or interpreting any provisions
hereof.
U. 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.
Meng En Wang Redevelopment Agreement Page 7
V. TERM OF THE AGREEMENT
Notwithstanding anything contained herein to the contrary, this Agreement shall expire on the
date the Developer receives all of the incentives set forth in Section C herein. 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 default by the Developer of this Agreement.
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 DEVELOPER
Illinois Municipal Corporation.
1 y.
c ` ley;
Meng En Wang
ATT sm
Meng En Wang RedetAebpwntAgreement Page 8
EXHIBIT 1
SUMMARY OF ESTIMATED TIF ELIGIBLE PRoijxi cosT,es
Meng En Wang
Canton TIF District 1, City of Canton, Fulton County, Illinois
Project Description: Developer owns the Property and will proceed with plans to renovate
and rehabilitate the building located thereon for operation of a coffee
shop therein.
Location: 52 E. Elm Street, Canton, Illinois
Parcel Number: 09-08-27-416-002
E, tr'mated'I"`I FF_ UgibL
Renovation and Rehabilitation Costs.....................................................................................$68,000
Total EstimatedTIF Eligible Project Costs'......................................................$68,000
1 The Developer's total reimbursement of TIF Eligible Project Costs under Section of the Agreement shall not
exceed$20,000.00.
Meng En Wang Redevelopment Agreement Page 9
EXHIBIT 2
CITY OF CANTON,ILLINOIS
CANTON 1- DOWNTOWN/5TH AVENUE TIF DISTRICT
PRIVATE PROJECT
REQUEST FOR VERIFICATION OF TIF ELIGIBLE COSTS
BY
MENG EN WANG
Date
Attention: City TIF Administrator, City of Canton, Illinois
Re: TIF Redevelopment Agreement, dated October 5, 2021
by and between the City of Canton, Illinois, and Meng En Wang (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: Meng N�t� h��ata
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
"I" of the Redevelopment Agreement.
5. The undersigned certifies that:
Meng En Wang RedewlolvnentAgreement Page 10
(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 4" 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:
APPROVED BY CITY OF CANTON,ILLINOIS
BY:
`I'I`I LE, DATE:
REVIEWED BY JACOB&KLEIN,LTD. &THE ECONOMIC DEVELOPMENT GROUP,LTD.
BYc
"PITL ... DATE: .
Meng En Wang Redevelopment Agreement Page 11