HomeMy WebLinkAboutResolution #5360 RESOLUTION NO. 5360
A RESOLUTION APPROVING STIPULATIONS AND OTHER AGREEMENTS WITH
CANTON HARVESTER INN FOR PROPERTY TAXES IN RELATION TO TAX
YEARS 2020-2023 AND AUTHORIZING THE CITY ATTORNEY AND MAYOR TO
EXECUTE ALL NECESSARY DOCUMENTS TO ACCOMPLISH SAME
WHEREAS,the City of Canton(the"City")previously intervened in an appeal by Canton
Harvester Inn, LLC (the "Appellant") before the State of Illinois Property Tax Appeal Board
(PTAB) (Docket No. 2020-07281) in relation to its property tax assessment for tax year 2020 for
property owned by the Appellant located at 150 N. Main Street, Canton, Illinois 61520 (PIN: 09-
08-27-409-011) (the "Property");
WHEREAS, the Appellant has also filed an appeal before the Fulton County Board of
Review for the Property for tax year 2021;
WHEREAS, the City has a reached an agreement with the Appellant and the Fulton
County Board of Review in relation to the assessed value of the Property for tax years 2020-2023;
WHEREAS, and the City Council of the City of Canton, Illinois have determined that it
is necessary and in the best interests of the City to approve the Settlement Agreement attached
hereto as "Exhibit A," and authorize the execution of any stipulations or other further documents
necessary to accomplish the foregoing (collectively the"Agreements").
NOW THEREFORE,BE IT RESOLVED by the City Council of the City of Canton,
Fulton County,Illinois. as follows:
1. The Settlement Agreement between the City of Canton, the Fulton County Board
of Review, and the Canton Harvester Inn, substantially in the form as attached hereto as "Exhibit
A,"is hereby approved.
2. The City Attorney,Mayor and City Clerk of Canton, Illinois are hereby authorized
and directed to execute and deliver the Settlement Agreement, and any other stipulations or other
further documentation necessary to accomplish the foregoing, on behalf of the City of Canton.
3. The City Attorney is hereby authorized to make any revisions to any of the
documents necessary to accomplish the foregoing,provided no changes to the approved equalized
assessed values are made that are materially inconsistent with the drafted the Settlement
Agreement.
4. This Resolution shall be in full force and effect immediately upon the passage and
approval of this Resolution.
PASSED AND APPROVED THIS 15th DAY OF FEBRUARY, 2022.
Ayes: Alderperson Andra Chamberlin, Craig West, Angela Hale, Jeff Fritz, Angela
Lingenfelter
Nays: None
Absent: Alderperson Justin Nelson, John Lovell, Greg Gossett
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City of Canton,Illinois
APPROVED: -4,64, �V �- k ,�n 0
nt McDowe , Mayor
i
Attest: , •
_
Diana Pavley-Rock, City lerk
EXHIBIT A
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT ("Agreement') is entered into between Canton
Harvester Inn, LLC ("Taxpayer"), by its attorneys, Ellen G. Berkshire, Verros Berkshire PC, the
Fulton County,Fulton County Board of Review("Board of Review"),and the Intervenor,the City of
Canton("Intervenor"). The parties to this Agreement are referred to individually as "Party", and
jointly as"Parties".
WITNESSETH:
WHEREAS,the Parties enter into this Agreement pursuant to the Illinois Property Tax
Code(35 ILCS 200/1,et seq.)and all other applicable authority of the Supervisor,the Assessor,
and the Board of Review;and
WHEREAS, Taxpayer is responsible for paying the real estate taxes on the property
located at 150 Main Street,Canton,Illinois 61520,assessed under Property Index Number:09-08-
27-409-011 (the"Subject Property");
WHEREAS,the Taxpayer has appealed to the Board of Review on assessment complaints
for the Property against the 2020 and 2021 proposed assessed values. The Taxpayer has appealed
the Board of Review's decisions on an assessment complaint for the Property for the 2020 tax year
to the Property Tax Appeal Board("PTAB"),which has been docketed as 2020-07281,
WHEREAS, the Parties desire to establish certainty concerning the 2020 through 2023
valuation of the property in order to achieve a fair assessment and to avoid the burdens and expense
of appeals and litigation;
WHEREAS, Taxpayer agrees to withdraw the 2020 PTAB matter docketed as 2020-
07281;
WHEREAS, for the 2021 through 2023 tax years, the Parties have agreed to adjust the
total assessed value of the property from $993,780 to $500,000 which is reflected on a fully
executed stipulation between the Parties and in agreement with the Mayor of Canton;
WHEREAS,the 2021 Board of Review decision granting a reduction in assessed value
from$993,780 to$524,950 will be revised to reflect an assessed value of$500,000 in accordance
with this agreement;and,
NOW, THEREFORE, in consideration of the mutual promises set forth in this
Agreement,the Parties agree that their respective claims shall be settled upon the following terms
and conditions:
1, The recitals set forth above are incorporated as part of this Agreement,
2. This Agreement applies only to the Subject Property Sand does not apply to any other property
inside or outside of Fulton County.
1
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Canton Harvester Inn,LLC
By: Ellen G. Berkshire
Attorney for Taxpayer
Date:
Fulton rowdy B 114Irf i cvieiv
By: Al • I
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Date:
City
By: '" '' ! /1n
Title: l Oti--
Date; Z02�
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State of Illinois
Property Tax Appeal Board
Win. G. Stratton Office Bldg.
401 S. Spring St., Rm, 402 •
Springfield, IL 62706
DATE CONCERN PAGE
February 10, 2022 PTAB Docket 20-07281 1/1
Canton Harvester Inn, LLC
150 Main Street
Canton, IL 61520
PIN: 09-08-27-409-011
Dear Members:
I filed an appeal for the above-referenced property for the 2020 tax year, After
a review of my file, I would like to withdraw my appeal with prejudice,
Ifou have any
Y questions, please feel free to contact me at (312) 604-3810.
Sincerely,
Ellen G. Berkshire
I�u l ton,9.)I.lily 13v,fI6.•&6-(/of Pov 1 o
isA Acct.p{e
City of Canton ' kcotzt9Ey
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Enclosures
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