HomeMy WebLinkAboutOrdinance #4272 •
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
1ST DAY OF FEBRUARY, 2022 ADOPTED ORDINANCE NO. 4272, A TRUE AND
CORRECT COPY OF WHICH IS CONTAINED IN THIS PAMPHLET.
GIVEN UNDER MY HAND AND SEAL THIS / DAY OF FEBRUARY,2022.
(SEAL)
OP:4 it
i 'NA EY-ROCK
CITY CLERK
CITY OF CANTON, ILLINOIS
ORDINANCE NO. 4272
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A
PROFESSIONAL SERVICES AGREE AGREEMENT
FOR THE ESTABLISHMENT AND ANNUAL ADMINISTRATION OF
CANTON BUSINESS DEVELOPMENT DISTRICT NO.1
BY AND BETWEEN
THE CITY OF CANTON,FULTON COUNTY,ILLINOIS
AND
JACOB&KLEIN,LTD.
AND
THE ECONOMIC DEVELOPMENT GROUP,LTD.
PASSED BY THE CITY COUNCIL
OF THE CITY OF CANTON,FULTON COUNTY;ILLINOIS,
ON THE 1St DAY OF FEBRUARY,2022.
PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE CITY
COUNCIL OF THE CITY OF CANTON,FULTON COUNTY,ILLINOIS,
THIS 1'DAY OF FEBRUARY,2022.
EFFECTIVE:FEBRUARY 1,2022
ORDINANCE NO. 4272
CITY OF CANTON, ILLINOIS
AN ORDINANCE APPROVING AND AUTHORIZING
THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT
for the
ESTABLISHMENT AND ANNUAL ADMINISTRATION OF
CANTON BUSINESS DEVELOPMENT DISTRICT NO. 1
by and between
THE CITY OF CANTON, FULTON COUNTY, ILLINOIS
and
JACOB & KLEIN, LTD.
and
THE ECONOMIC DEVELOPMENT GROUP, LTD.
ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS,
ON THE 1ST DAY OF FEBRUARY,2022.
ii
ORDINANCE N.O. 4272
CITY OF CANTON,ILLINOIS
AN ORDINANCE APPROVING AND AUTHORIZING
THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT
for the
ESTABLISHMENT AND ANNUAL ADMINISTRATION OF
CANTON BUSINESS DEVELOPMENT DISTRICT NO.1
by and between
THE CITY OF CANTON, FULTON COUNTY, ILLINOIS
and
JACOB & KLEIN, LTD.
and
THE ECONOMIC DEVELOPMENT GROUP,LTD.,
PREAMBLE
WHEREAS, the City of Canton, Fulton County, Illinois, an Illinois Home Rule Municipal
Corporation(the"City)wishes to establish a Business Development District pursuant.to the Business
District Development and Redevelopment Act (65 ILCS 5/11-74.3-1 et. seq., the "Act") in order to
attract new retail businesses to the City, provide for the retention and expansion of existing retail
businesses located in the City, and make public infrastructure improvements in support of such
businesses;and
WHEREAS,.the City desires to engage the professional services-of Jacob & Klein, Ltd. to
render administrative services and legal advice and The Economic Development Group, Ltd. to
render technical advice to assist the City in establishing and administering the Canton Business
Development District No.1 (the"BDD" or`BDD No. 1").
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS THAT:
1. The Professional Services Agreement by and between the City of Canton,Jacob&Klein,Ltd.
and The Economic Development Group,Ltd. (ExhibitA attached) is hereby approved.
2. The Mayor is hereby authorized and directed to enter into and execute on behalf of the City
said.Professional Services Agreement and the City Clerk of the City of Canton is hereby
authorized and directed to attest such execution.
3. The Professional Services Agreement shall be effective on the date of its approval, on the 1'
day of February,2022.
4. This Ordinance shall be in full force and effect from and after itspassage and approval as
required by law.
•
iii
PASSED, APPROVED AND ADOPTED by the Mayor and City Council of the City of
Canton,Fulton County,Illinois,this 1St day of February,2022.
CORPORATE AUTHORITIES AYES NAYS ABSTAIN ABSENT
Alderperson Gossett X
Alderperson Lingenfelter X
Alderperson Fritz X
Alderperson Hale X
Aldeperson West X
Alderperson L9vell X
Alderperson Nelson X
Alderperson Chamberlin X
TOTALS: 6 0 0 2
APPROVE:
A4 I g.
I "V Va Date: 2"--/ / / 2022
Ma or
A
All/
/%�L� � Date: / / / 2022
City lerk
EXHIBIT A -is attached: Professional Services Agreement by and between the City of Canton,
Fulton County,Illinois and Jacob&Klein,Ltd. and The Economic Development Group,Ltd.
iv
EXHIBIT A
Professional Services Agreement
by and between
The City of Canton, Fulton County, Illinois.
and
Jacob & Klein, Ltd.
and
The Economic Development Group, Ltd.
V
PROFESSIONAL SERVICES AGREEMENT
for the
ESTABLISHMENT AND.ANNUAL ADMINISTRATION OF -
CANTON BUSINESS DEVELOPMENT DISTRICT NO. 1
by and between
THE CITY OF CANTON, FULTON COUNTY, ILLINOIS
and
JACOB & KLEIN, LTD.
and
THE ECONOMIC DEVELOPMENT GROUP, LTD.
FEBRUARY 1, 2022
Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT
for the
ESTABLISHMENT AND ANNUAL ADMINISTRATION OF
CANTON BUSINESS DEVELOPMENT DISTRICT NO.1
by and between
THE CITY OF CANTON, FULTON COUNTY, ILLINOIS
and
JACOB & KLEIN, LTD.
and
THE ECONOMIC DEVELOPMENT GROUP,LTD.
THIS AGREEMENT is entered into this 1S` day of February, 2022, by and between the
CITY OF CANTON, ILLINOIS, an Illinois Municipal Corporation (the "City"); and JACOB &
KLEIN, LTD., Bloomington, Illinois, an Illinois Professional Service.Corporation ("J&K"); and
THE ECONOMIC DEVELOPMENT GROUP, LTD., Bloomington, Illinois, and Illinois
Corporation ("EDG"). The City,J&K and EDG may hereinafter be referred to as the "Parties" to
this Agreement.
WHEREAS, the City of Canton, Fulton County, Illinois (the "City)wishes to establish a
Business Development District pursuant to the Business District Development and Redevelopment
Act (65 ILCS 5/11-74.3-1 et. seq., the "Act") in order to attract new retail businesses to the City,
provide for the retention and expansion of existing retail businesses located in the City, and make
public infrastructure improvements in support of such businesses;and
WHEREAS, the City desires to engage the professional services of Jacob & Klein, Ltd. to
render administrative services and legaladvice and The Economic Development Group, Ltd. to
render technical advice to assist the City in establishing (Phase 1) and annually administering the
Canton Business Development District No. 1(the"BDD" or"Canton BDD No. 1");and
WHEREAS,services rendered for the initial establishment of the BDD shall be immediately
followed by the First Amendment to the BDD (Phase 2) to expand the BDD Redevelopment Plan,
Area and Projects;and
WHEREAS, the Parties acknowledge that for scheduling and cost-containment purposes,
this Agreement shall be null and void unless approved and executed on or before February 1,2022.
NOW,THEREFORE,the Parties agree as follows:
1. City to Engage J&K and EDG. The City agrees hereby to engage the services of J&K and
EDG for the purposes set forth herein and J&K agrees to provide all legal advice to EDG
and the City to prepare or coordinate the preparation of Reports, the BDD Redevelopment
Plan, Notices and Documentation (induding those reports prepared by other professionals)
necessary to complete the Establishment,First Amendment, and the Annual Administration
of the BDD Plan,Area and Projects as required pursuant to State Statutes and as outlined in
Exhibit 1. Professional Services Relating to the Establishment of the BDD,Exhibit 2.
Professional Services Relating to the First Amendment of the BDD, and Exhibit 3.
Professional Services Relating to the Annual Administration of the BDD.
2
Professional Services Agreement
a. The Parties agree that J&K, as Attorneys, will undertake those responsibilities that
require legal advice or preparation under this Agreement on behalf of the City or
EDG. EDG is a separate corporate entity established by Thomas N. Jacob (of
counsel) and is owned in whole by Herbert J. Klein. Mr. Klein is also the principal
owner of Jacob & Klein, Ltd. Q&K). The City is entering-into this Agreement
voluntarily and with informed consent after the opportunity to consult with
independent counsel as to the ownership of both entities by Herbert J. Klein.
b. J&K may,in addition, be retained by the City as its special attorney to perform other
professional services outside the Scope of Services set forth herein, including
representation of the City before State agencies or the Illinois Legislature. Such
representation shall be at the Attorney's then current hourly rate for similar services
or as otherwise agreed. Any such representation shall be pursuant to a written
agreement between the Parties.
i. Legal services provided by J&K and/or consulting services provided by EDG
relating to financing,including the issuance of Bonds involving the BDD,will
be billed separately from this Agreement and subject to the terms of any
agreements related to such financing or Bonds.
ii. If retained as a Registered Municipal Advisor through a separate Letter of
Engagement, EDG will analyze the potential use of BDD Revenue Bonds,
Developer Notes and other financing alternatives,as well as arrange for Bond
Counsel when required by the City.
iii. This Agreement does not include representation in any Court case resulting
from the establishment of the BDD Redevelopment Plan,Area or Projects or
the Annual Administration of the BDD.
c. The total Fees and Reimbursable Costs to be paid hereunder by the City to J&K and
EDG,when billed by each of the separate entities,will not be duplicated and will not
exceed the total Fees and Reimbursable Costs provided for herein.
d. The Parties agree that pursuant to the Act, all Professional Fees and related Costs
incurred by the City for Establishing, Amending, and Annually Administering the
BDD are BDD eligible project costs and are fully reimbursable to the City from the
BDD sales tax revenues generated by the BDD.
e. The City hereby acknowledges that J&K and EDG are not responsible for monitoring
and documenting matters relating to compliance with the Illinois Prevailing Wage Act,
the Illinois Procurement Code, and any other wage and/or employment laws, to the
extent such are applicable to any public or private project undertaken within the BDD
Redevelopment Project Area or the Area as may be amended in the future.
2. Establishment (Phase 1) and First Amendment (Phase 2) of the BDD.
a. Services. J&K and EDG will provide services as outlined in Exhibit 1 to Establish
the BDD.
3
Professional Services Agreement
b. Term. This Professional Services Agreement for the establishment the BDD shall
commence immediately and shall continue until the presentation of the initial BDD
Redevelopment Plan and appropriate ordinances to the City Council for the initial
establishment (Phase 1) of the BDD, as well as for the subsequent first amendment
(Phase 2) of the BDD Redevelopment Plan,Area and Projects. It is anticipated that
Phase 1 of the BDD as depicted in Exhibit 1 attached hereto will be established on
or before March 15, 2022, barring unexpected complications. It is anticipated that
the first amendment (Phase 2) of the BDD will be completed on or before
September 20,2022,barring unexpected complications.
c. Payment of Fees and Reimbursable Costs. The total Base Professional Fee to be
paid to J&K and EDG for the establishment of the BDD for Phase 1 and the Phase
2 first amendment shall be Thirty-Four Thousand Five Hundred and 00/100
Dollars ($34,500.00), plus Reimbursable Costs, and are to be paid by the City as
follows:
i. J&K and EDG shall be paid a total sum of Eleven Thousand Five Hundred
and 00/100 Dollars ($11,500.00) within ten (10) days upon execution of this
Agreement.
ii. J&K and EDG shall be paid a total sum of Five Thousand and 00/100
Dollars ($5,000.00) and Reimbursable Costs to date for the establishment of
the BDD shall be paid when the final Ordinances for Phase 1 of the BDD are
presented to the City Council for passage.
iii. The balance of the Fee, Eighteen Thousand and 00/100 Dollars
($18,000.00), and Reimbursable Costs to date for Phase 2 of the BDD shall
be paid when the final Ordinances for the First Amendment to the BDD are
presented to the City Council for passage.
iv. All Reimbursable Costs incurred by J&K and EDG as part of the
establishment and first amendment of the BDD shall be reimbursed to J&K
and EDG by the City,including all reasonable travel and subsistence expenses
while away from Bloomington or Peru, Illinois, all photocopying, report
binding, mailings, postage,and staff costs. For purposes of this Agreement,
staff costs do not include the time of Attorneys Thomas N.Jacob,Nic Nelson
or Herb Klein G&K), or the time of Steven Kline (EDG) while performing
said Professional Services described in Exhibit 1 subject to the following
conditions:
1. All travel will be reimbursed for mileage at the maximum rate
permitted by Internal Revenue Service Rules and Regulations at the
time of service. All other costs which are incidental to the
establishment of the BDD, including staff costs, photocopying and
report binding, mailings, postage, and telecommunication charges,
shall be reimbursed at the current rates then charged by J&K and
EDG.
4
Professional Services Agreement
2. The total Reimbursable Costs incurred by J&K and EDG as part of
the Establishment of the BDD (other than costs of mailings and
publications) shall not exceed Three Thousand Five Hundred and
00/100 Dollars ($3,500.00) without consent of the City in advance
of such additional services being performed.
v. The City understands and acknowledges that J&K and EDG will rely on the
work of other professionals, including the City's Engineers and Attorney, to
prepare reports and documentation needed for the BDD Redevelopment Plan;
Projects and Reports and other necessary documents;and that J&K and EDG
shall rely on their professional expertise to prepare the BDD Redevelopment
Plan and present material and information necessary to the establishment and
first amendment of the District. The City further understands that it may
directly incur additional fees and costs for the establishment and first
amendment of the BDD which result from the involvement of other(i.e.,non-
J&K/EDG) professionals.
3. Annual Administration of the BDD.
a. Services. J&K and EDG will provide services as outlined in Exhibit 3 to annually
administer the BDD.
i. On an annual basis, all of the legal review of documents and matters relating
to the statutory compliance of public and private development activities
occurring within the BDD are provided by J&K in the Annual Administrative
Fee. Other administrative functions will be provided by EDG. EDG will also
provide financial feasibility analyses for new proposed private developments.
J&K will provide legal services required in the preparation of new
Redevelopment Agreements and other legal documents and legal opinions.
ii. To the extent possible, J&K and EDG will attempt to include in Private
Redevelopment Agreements provisions allocating a portion of the Annual
Administrative Fees, Annual Costs and other fees to those Private
Developments on a pro-rata basis determined by the increment generated by
_those Developments which have Redevelopment Agreements.
b. Term. The term of the Annual Administrative Services for the City of Canton BDD
No. 1 shall be for one (1) year and shall commence upon the establishment of the
BDD (Phase 1). Thereafter, this Agreement shall automatically renew at the end of
each year during the life of the BDD as a roll-over, for a new period of one (1) year,
absent notice of non-renewal as provided herein. This Agreement as it relates to
Annual Administrative Services may be terminated by written notice of non-renewal
from the City to J&K and EDG no later than ninety(90) days prior to the end of each
contract period. Upon receiving written notice of non-renewal,J&K and EDG are to
provide the City a final invoice for professional fees and costs incurred as of the date
of the termination.
5
Professional Services Agreement
c. Payment of Annual Administrative Fee and Reimbursable Costs.
i. The Annual Administrative Fee to be paid by the City to J&K and EDG for
the Annual Administration of the BDD shall be an annual fee of Three-
Thousand Five-Hundred and 00/100 Dollars ($3,500.00). This Annual
Fee shall be adjusted annually for the ConsumerPrice Index-All Urban Consumers
IL-IN-WI,using 2022 as the base year.
ii. There shall be an additional Annual Administrative Fee of Seven Hundred
Fifty and 00/100 Dollars ($750.00)plus the annual increase in the Consumer
Price Index using 2022 as the base year for each multi-year,pay-asyougo BDD
Redevelopment Agreement the City approves for any projects located within
the BDD Area and for which the total cumulative BDD eligible project costs
estimated to be reimbursed per the terms of said BDD Redevelopment
Agreement amount to $10,000 or more.
1. If said additional Annual Administrative Fee for each BDD
Redevelopment Agreement includes incentives relating to an active
Canton TIF District,if any,such additional Annual Administrative Fee
shall not be duplicated in J&K and EDG billings for annual
administrative services relating to such TIF District.
iii. In addition to the Annual Administrative Fee,all Reimbursable Costs incurred
by J&K and EDG as part of the Annual Administration of the BDD shall be
reimbursed to J&K and EDG by the City,including all reasonable travel and
subsistence expenses while away from Bloomington or Peru, Illinois, all
photocopying,report binding,mailings,postage,and staff costs. Such are to
be reimbursed at customary rates charged by J&K or EDG. For purposes of
this Agreement, staff costs do not include the time of Attorneys Thomas N.
Jacob, Herb Klein or Nic Nelson G&K) or Steven Kline (EDG) while
performing said Professional Services described in Exhibit 2 and subject to
the following conditions:
1. All travel will be reimbursed for mileage at the maximum rate
permitted by Internal Revenue Service Rules and Regulations at the
time of service. All other costs which are incidental to the
administration of the BDD, including staff costs, photocopying and
report binding, mailings, postage, and telecommunication charges,
shall be reimbursed at the current rates then charged by J&K and
EDG.
2. The total Reimbursable Costs incurred by J&K.and EDG as part of
the Annual Administration of the BDD (other than costs of mailings
and publications) shall not exceed One Thousand Five Hundred
and 00/100 Dollars ($1,500.00) without consent of the City in
advance of such additional services being performed.
6
Professional SeruicesAgreement
iv. For Annual Administrative Fees, and Annual Administrative Costs,J&K and
EDG shall bill the City on a quarterly basis.For the purpose of this Agreement,
Quarterly Billings shall occur as follows:
Service Period Billing Month
January,February,March April
April,May,June July
July,August,September October
October,November,December December
v. Annual Administrative Fees shall be adjusted annually for the Consumer Price
Index-All Urban Consumers IL-1N-W7,using 2022 as the base year and prorated
in equal installments for purposes of determining quarterly billings.
d. The City understands that J&K and EDG shall rely on the work of others,induding
the City's Administrator, City Engineer, Clerk, Auditors and Attorney; the Fulton
County Assessor and County Clerk;the Illinois Department of Revenue (IDOR);the
Illinois Department of Commerce and Economic Opportunity'(DCEO); the Illinois
Comptroller's Office and the Illinois State Board of Education for information and
documentation necessary for the Annual Administration of the BDD. The City
further understands that it may directly incur additional fees and costs for the Annual
Administration of the BDD which result from the involvement of other (non-
J&K/EDG) professionals.
e. To the extent possible, J&K and EDG will attempt to include in Private
Redevelopment Agreements provisions allocating a portion of the Annual
Administrative Fees and Annual Costs to those Private Developments on a pro-rata
basis determined by the increment generated by those Developments which have
Redevelopment Agreements within the BDD.
4. Drafting Ambiguities. The Parties agree that they are aware that they have the right to be
advised by counsel with respect to the negotiations,terms and conditions of this Agreement,
and the decision of whether,or not, to seek advice of counsel with respect to the Agreement
is a decision which is the sole responsibility of each Party. This Agreement shall not be
construed in favor of or against either Party by reason of the extent to which each Party
participated in the drafting of this Agreement. 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.
5. 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.
6. Amendments to this Agreement. J&K/EDG and the City agree that they will, from time
to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and
delivered, such supplements hereto and such further instruments as may be reasonably
required by the Parties hereto for carrying out the intention of or facilitating the performance
7
Professional Services Agreement
of this Agreement. The Parties hereto may therefore amend this Agreement at any time by
their mutual consent which amendment must be in writing and executed by the Parties.
7. Entire Agreement. The Terms and Conditions set forth in this Agreement supersede all
prior oral and written understanding and constitute the entire Agreement between the Parties
with respect to the subject matter hereof.
8. Binding Upon Successors in Interest. This Agreement shall be binding upon all the Parties
hereto and their respective heirs, successors, administrators, assigns, or other successors in
interest.
9. Notices. Notices or demands hereunder shall be in writing and shall be served by(a)personal
delivery,or(b) certified mail,return receipt requested to the following addresses,or to the last
known address of either party or to the address provided by any assignee if such address has
been given in writing.In the event said notice is mailed,the date of service of such notice shall
be deemed to be three (3) business days after the date of delivery of said notice to the United
States Post Office.
City of Canton Jacob &Klein,Ltd. and
% City Clerk The Economic Development Group,Ltd.
2 N. Main St. 1701 Clearwater Avenue
Canton,IL 61520 Bloomington,IL 61704
Ph: (309) 647-0020 Ph: (309) 664-7777
10. Severability. If any provision of this Agreement is held to be invalid, the remainder of this
Agreement shall not be affected thereby.
11. Choice of Law/Venue.This Agreement shall be governed by and construed in accordance
with the laws of the State of Illinois with venue lying in the Circuit Court of McLean County,
Illinois.
(The remainder of this page is intentionally blank.)
8
Professional Services Agreement
12.Warranty of Signatories. The signatories of this Agreement warrant that they have full
authority to execute this Agreement and to bind the entity for which they are signing and agree
to hold the other Party or Parties hereto harmless if it is later determined that such authority
does not exist.
13. Counterparts. This Agreement maybe executed in counterparts,which when taken together
shall constitute a single signed original as though all Parties had executed the same page.
IN WITNESS WHEREOF,the City,J&K,and EDG have executed this Professional Services
Agreement on the day and year above written.
THE CITY OF CANTON, an Illinois JACOB & KLEIN, LTD, an Illinois
Municipal Corporation: Professional Service Corporation:
) r) (0
' -
By
19.—Ait
M. =or President
01
THE ECONOMIC DEVELOPMENT
GROUP,LTD”an Illinois Corporation:
,,..
Attest: . a et
By: 4i-1.10111.1:-.- ....:„...... ......., _ ..... 4 ...... 40.
. ,
City Clerk— Premien
ATTACHMENTS
EXHIBIT L PROFESSIONAL SERVICES FOR THE ESTABLISHMENT OF THE.13DI)(PHASE 1)
EXHIBIT 2. PROFESSIONAL SERVICES FOR.FIRST AMENDMENT OF THE BDD(PHASE 2)
EXHIBIT 3. PROFESSIONAL SERVICES FOR THE ANNUAL ADMINISTRATION OF THE BDD
9
•
Professional Services Agreement
EXHIBIT 1
PROFESSIONAL SERVICES FOR THE ESTABLISHMENT OF THE BDD (PHASE 1)
Services to be provided to the City by J&K and EDG relating to the Establishment of the BDD are set forth
as follows:
1. J&K shall provide City with legal advice regarding the establishment of the BDD on an on call, as
needed basis;and EDG shall provide City with technical consulting regarding the establishment of the
BDD on an on-call,as needed basis.
2. Create an estimated schedule and timeline for completing the requixedprocedure to establish the BDD.
3. Work with local elected officials, City staff and engineers to;define the Redevelopment Project Area
(BDD Boundary). The anticipated boundary for Phase 1 of the BDD is illustrated as follows:
PROPOSED'PHASE 1 BOUNDARY FOR CANTON BDD NO.1 (blue-shaded area)
Not to_scale. `illustration only.
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10
Professional Services Agreement
4. Consult on any necessary Annexation Agreement(s) with City Attorney and Private Developer(s),if
any.
5. Prepare all required studies and reports to establish the BDD, the scope of which will include field
surveys and studies in sufficient detail for the City to:
a. Make a formal finding that the business district is a`blighted area' as that term is defined by
the Act;and
b. Make a formal finding that the business district is a`blighted area' as that term is defined by
the Act;and
6. Assist the City with the preparation of a Business District Development and Redevelopment Plan(the
"Plan")which sets forth the following:
a. A specific description of the proposed boundaries of the district,including a map illustrating
the boundaries,and each address in the business district in such a way that the Department of
Revenue can determine by its address whether a business is located in the business district.
b. A general description of each project proposed to be undertaken over the life of the business
district that is to be located within the business district, including. a description of the
approximate location of each project.
c. The name of the proposed business district.
d. The estimated business district project costs.
e. The anticipated source of funds to pay business district project costs.
f. The anticipated type(s)and terms of any obligations that could be issued.
g. The rate of any tax to be imposed pursuant to the Act and the period of time for which the
tax shall be imposed.
7. Prepare and present to the City the required Ordinances or Resolutions for designating the BDD and
approving the BDD Redevelopment Plan.
8. Assist the City with preparing requisite publications and notices as well as conduct and moderate a
Public Hearing,for which Notice is published in a newspaper of general circulation within the City.
9. Assist the Citywithnegotiating Private Redevelopment Agreementswith potential Developers.
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11
Professional Services Agreement
EXHIBIT 2
PROFESSIONAL SERVICES FOR FIRST AMENDMENT OF THE BDD (PHASE 2)
Services to be provided to the City by J&K and EDG relating to the First Amendment to Canton BDD No. 1
are set forth as follows:
1. Prepare an estimated timeline for the first amendment to the BDD continue to provide on-call legal
and consulting services on matters relating to the amended BDD as needed.
2. Assist the City with determining the area proposed to be designated as the amended business district
as a contiguous area which includes only parcels of real property directly and substantially benefitted
by the proposed business district development and redevelopment plan as amended. The anticipated
boundary of the Canton BDD as amended by the First Amendment(Phase 2)is illustrated as follows:
PROPOSED BOUNDARY FOR CANTON BDD NO.1 (red-shaded area)
Not to scale-illustration only.
i
,, '',,,,-,-,: ,_. -, 7: ..,% • ‘y..,---. ,- 0 / , , :, ,.: . . .. ,- i
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12
Professional Services Agreement
3. Prepare all required studies and reports to amend the BDD, the scope of which will include field
surveys and studies in sufficient detail for the City to:
a. Make a formal finding that the business district is a`blighted area' as that term is defined by
the Act; and that the business district on the whole has not been subject to growth and
development through investment by private enterprises or would not reasonably be
anticipated to be developed or redeveloped without the adoption of the business district
development or redevelopment plan.
4. Assist the City with the preparation of an Amended BDD Redevelopment Plan which sets forth the
following:
a. A specific description of the proposed amended boundaries of the district, including a map
illustrating the boundaries, and each address in the business district in such a way that the
Department of Revenue can determine by its address whether a business is located in the
business district;
b. A general description of each project proposed to be undertaken over the life of the business
district that is to be located within the business district, including a description of the
approximate location of each project;
c. The estimated business district project costs as amended and the anticipated source of funds
to pay business district redevelopment project costs;
d. The anticipated type(s)and terms of any obligations that could be issued;and
e. The rate of any tax to be imposed pursuant to the Act and the period of time for which the
tax shall be imposed.
5. Assist the City with preparing requisite publications and notices as well as conduct and moderate a
Public Hearing,for which Notice is published at least twice in a newspaper of general circulation within
the City.
6. Prepare and present to the City Council of the City of Canton the required Ordinances or Resolutions
for amending the BDD and approving the First Amendment to the City of Canton Business
Development District No. 1 Plan.
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13
Professional Services Agreement
EXHIBIT 3
PROFESSIONAL SERVICES FOR THE ANNUAL ADMINISTRATION OF THE BDD
Services to be provided to the City by J&K and EDG relating to the Annual Administration of the BDD are
set forth as follows:
1. Provide the City with on-call legal and consulting services on matters relating to the BDD as needed.
2. Consult with and coordinate administrative activities with City's Administrator, City Clerk, City
Engineer,CPA,Mayor and other officials as required.
3. Provide to the Illinois Department of Revenue the boundary of the Business District and a list of each
address located within the Business District in such a way that the Department of Revenue can
determine by its address whether a business is located in the Business District.
4. Assist the City in establishing the Special Business District Tax Allocation Fund.
5. On behalf of the City, negotiate terms of BDD Reimbursements and prepare Redevelopment
Agreements with Developers.
6. Consult with Developers regarding BDD Redevelopment Agreements and Reimbursements.
7. Advise City on matters relating to Developer Reimbursements (e.g.,verify eligible project costs,,and
advise the municipality to make payments).
8. Consult with City officials regardingthe use of BDD Funds for public projects contained in the Plan
and establish a Requisition Program to approve BDD Project Costs.
9. Analyze the potential use of Business Development District Revenue Bonds, Developer Notes and
other financing alternatives. Arrange for Bond Counsel when required by the City. All professional
services related to the issuance of specific Bonds or obligations will be additional, subject to separate
agreements and billed at the then applicable rates. EDG may be designated as the City's Municipal
Advisor pursuant to a separate agreement.
10. Assist the City in administering the Business Development District Plan and remaining in compliance
with the Act.
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14