HomeMy WebLinkAboutResolution # 3776
RESOLUTION NO. 3776
A RESOLUTION APPROVING A REDEVELOPMENT AGREEMENT WITH RAY
JACKSON AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK
OF THE CITY OF CANTON TO EXECUTE SAID AGREEMENT ON BEHALF OF
THE CITY OF CANTON
WHEREAS, on or about July 21, 1999, Jackson and Donald Inmon entered into an
Agreement for Warranty Deed, pursuant to which Jackson agreed to sell to Inmon and Inmon
agreed to buy from Jackson the following described real estate:
Lots 10 and 11 in the Subdivision of Enterprise Industrial District according to the
plat thereof recorded on October 26, 1984, in Slide 215 as Document 84-8960,
situated in Fulton County, Illinois;
upon certain terms and conditions, more particularly described in that Agreement for Warranty
Deed, which included, without limitation, monthly payments of principal and interest by Inmon
to Jackson for a period of 15 years.
WHEREAS, on or about July 21, 1999, Inmon took possession of the above-described
property ("Property") and has since that time placed and stored or caused to be placed and stored
in excess of 75 mobile home trailers and/or house trailers, several vehicles and other such items
as well as garbage, debris and other hazardous, noxious and unhealthy substances and materials.
WHEREAS, Inmon has purportedly operated a mobile home restoration, storage, scrap
and/or sales business, doing business as Donald F. Inmon, First Choice Home Sales, Canton
Rentals and Five Sisters of Canton Rentals.
WHEREAS, the City filed a complaint for injunctive relief naming Inmon as defendant
on May 3, 2000. The complaint alleged numerous ordinance violations of the Canton Municipal
Code and is more particularly described in the court records of the Circuit Court of the Ninth
Judicial Circuit, Fulton County, Illinois, Case No. 00-MR-20, City of Canton v. Donald Inmon.
WHEREAS, the Honorable Judge Taylor conducted a bench trial in the above-
referenced court matter between the City and Inmon on March 22, 2006 and subsequently
entered a Judgment Order.
WHEREAS, the Judgment Order enjoined the Defendant, together with his agents,
associates, successors and assigns, and all persons on his premises from maintaining, conducting
and/or operating the facility on Lots 10 and 11 of the Enterprise Industrial District involving the
acquisition, storage, salvage or other type of conversion of mobile homes and/or house trailers.
The Judgment Order further instructed the Defendant to abate the nuisance on Lots 10 and 11 by
ceasing the operation thereon and by removing all mobile homes and house trailers that were on
the premises. The Judgment Order also entered judgment against the Defendant in the amount of
Six Thousand Two Hundred Sixty-Three Dollars and Seventy-Four Cents ($6,263.74) plus the
cost of suit.
WHEREAS, Inmon tendered the judgment amount plus interest to the City on August
15, 2006, but failed to case the maintenance, conduction and/or operation of the facility to
acquire, store, salvage or convert mobile homes and/or house trailers. Inmon further failed to
abate the nuisance on Lots 10 and 11 by refusing to remove all mobile homes and/or house
trailers.
WHEREAS, a Supplemental Judgment Order was entered in the matter on August 23,
2006, which required Inmon to abate the nuisance on Lot 10 by Tuesday, August 29, 2006 and
submit a comprehensive plan and timeframe for abating the nuisance on Lot 11 by Tuesday,
August 29, 2006.
WHEREAS, in violation of the Court's explicit order, Inmon failed to abate the nuisance
on Lot 10 and submit a comprehensive plan and timeframe for abating the nuisance on Lot 11 by
Tuesday, August 29, 2006. Furthermore, neither Inmon nor his attorney appeared for a
previously scheduled status hearing on the same date.
WHEREAS, on September 19, 2006 the City Council voted in favor of a Resolution
directing the City Attorney to file a Condemnation Complaint with the Court as to Inmon and
Lots 10 and 11 of the Enterprise Industrial Park.
WHEREAS, on September 20, 2006 a conference was held between Jackson, Inmon and
the City and their respective counsel to discuss the status of the Property.
WHEREAS, on September 20, 2006 Inmon desired to terminate the Agreement for
Warranty Deed and return possession of the Property to Jackson.
WHEREAS, Jackson was willing to terminate the Agreement for Warranty Deed, release
Inmon from the obligations of that agreement and accept possession of the Property upon certain
terms and conditions.
WHEREAS, Jackson and Inmon executed an Agreement to Terminate Agreement for
Warranty Deed and Release of All Claims on September 20, 2006.
WHEREAS, the City, through its Finance Committee and City Council, determined that
it was in the best interest of the City to assist Jackson in the redevelopment of the reclaimed
Property up to a maximum financial contribution of forty thousand dollars ($40,000.00).
WHEREAS, the City Council of the City of Canton, Illinois has reviewed the terms of
the proposed Redevelopment Agreement, a copy of which is attached hereto and incorporated
herein as Exhibit A; and
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WHEREAS, the City Council of the City of Canton, Illinois has determined that it is
desirable and in the best interest of the City of Canton to approve said Redevelopment
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS:
1. That the Redevelopment Agreement between the City of Canton and Ray Jackson, which
is attached hereto and incorporated herein as Exhibit A, is hereby approved in the form
attached as Exhibit A, said Redevelopment Agreement to be subject to and effective
pursuant to the terms and conditions set forth therein.
2. That the Mayor and the City Clerk of the City of Canton, Illinois are hereby authorized
and directed to execute said Redevelopment Agreement on behalf of the City of Canton.
3. That this Resolution shall be in full force and effect immediately upon its passage by the
City Council of the City of Canton, Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 21st
day of November , 2006 upon a roll call vote as follows:
AYES: Aldermen Berardi, Hartford, West, Sarff, Meade, Carl, Schenck, Lewis.
NAYS: None.
ABSENT: None.
P OVED:
Rodney W. Heinze
Mayor
ATTEST:
1'
l ~ S ~~;
Nancy S. ites
City Clerk
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REDEVELOPMENT AGREEMENT
This REDEVELOPMENT AGREEMENT (Agreement) is entered into as of November
2006, by and between the CITY OF CANTON (the "City"), an Illinois municipal
corporation, and Ray Jackson d/b/a JATE, Inc. and FULTON COUNTY RENTAL, INC.
(collectively "Jackson").
RECITALS
WHEREAS, on or about July 21, 1999, Jackson and Donald Inmon entered into an
Agreement for Warranty Deed, pursuant to which Jackson agreed to sell to Inmon and Inmon agreed
to buy from Jackson the following described real estate:
Lots 10 and 11 in the Subdivision of Enterprise Industrial District according to the
plat thereof recorded on October 26, 1984, in Slide 215 as Document 84-8960,
situated in Fulton County, Illinois;
upon certain terms and conditions, more particularly described in that Agreement for Warranty Deed,
which included, without limitation, monthly payments of principal and interest by Inmon to Jackson
for a period of 15 years.
WHEREAS, on or about July 21, 1999, Inmon took possession of the above-described
property ("Property") and has since that time placed and stored or caused to be placed and stored in
excess of 75 mobile home trailers and/or house trailers, several vehicles and other such items as well
as garbage, debris and other hazardous, noxious and unhealthy substances and materials.
WHEREAS, Inmon has purportedly operated a mobile home restoration, storage, scrap
and/or sales business, doing business as Donald F. Inmon, First Choice Home Sales, Canton Rentals
and Five Sisters of Canton Rentals.
WHEREAS, the City filed a complaint for injunctive relief naming Inmon as a defendant on
May 3, 2000. The complaint alleged numerous ordinance violations of the Canton Municipal Code
and is more particularly described in the court records of the Circuit Court of the Ninth Judicial
Circuit, Fulton County, Illinois, Case No. 00-MR-20, City of Canton v. Donald Inmon.
WHEREAS, the Honorable Judge Taylor conducted a bench trial in the above-referenced
court matter between the City and Inmon on March 22, 2006 and subsequently entered a Judgment
Order.
WHEREAS, the Judgment Order enjoined the Defendant, together with his agents,
associates, successors and assigns, and all persons on his premises from maintaining, conducting
and/or operating the facility on Lots 10 and 11 of the Enterprise Industrial District involving the
acquisition, storage, salvage or other type of conversion of mobile homes and/or house trailers. The
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Judgment Order further instructed the Defendant to abate the nuisance on Lots 10 and 11 by ceasing
the operation thereon and by removing all mobile homes and house trailers that were on the
premises. The Judgment Order also entered judgment against the Defendant in the amount of Six
Thousand Two Hundred Sixty-Three Dollars and Seventy-Four Cents ($6,263.74) plus the cost of
suit.
WHEREAS, Inmon tendered the judgment amount plus interest to the City on August 15,
2006, but failed to cease the maintenance, conduction and/or operation of the facility to acquire,
store, salvage or convert mobile homes and/or house trailers. Inmon further failed to abate the
nuisance on Lots 10 and 11 by refusing to remove all mobile homes and/or house trailers.
WHEREAS, a Supplemental Judgment Order was entered in the matter on August 23, 2006,
which required Inmon to abate the nuisance on Lot 10 by Tuesday, August 29, 2006 and submit a
comprehensive plan and timeframe for abating the nuisance on Lot 11 by Tuesday, August 29, 2006.
WHEREAS, in violation of the Court's explicit order, Inmon failed to abate the nuisance on
Lot 10 and submit a comprehensive plan and timeframe for abating the nuisance on Lot 11 by
Tuesday, August 29, 2006. Furthermore, neither Inmon nor his attorney appeared for a previously
scheduled status hearing on the same date.
WHEREAS, on September 19, 2006 the City Council voted in favor of a Resolution directing
the City Attorney to file a Condemnation Complaint with the Court as to Inmon and Lots 10 and 11
of the Enterprise Industrial Park.
WHEREAS, on September 20, 2006 a conference was held between Jackson, Inmon and the
City and their respective counsel to discuss the status of the Property.
WHEREAS, on September 20, 2006 Inmon desired to terminate the Agreement for Warranty
Deed and return possession of the Property to Jackson.
WHEREAS, Jackson was willing to terminate the Agreement for Warranty Deed, release
Inmon from the obligations of that agreement and accept possession of the Property upon certain
terms and conditions.
WHEREAS, Jackson and Inmon executed an Agreement to Terminate Agreement for
Warranty Deed and Release of All Claims on September 20, 2006.
WHEREAS, the City, through its Finance Committee and City Council, determined that it
was in the best interest of the City to assist Jackson in the redevelopment of the reclaimed Property
with a financial contribution of forty thousand dollars ($40,000.00).
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THEREFORE, in consideration of the mutual promises set forth in this document, both parties agree
and covenant as follows:
Section 1.0 Warranties and Representations by Jackson
1. Jackson has full authority to execute and perform this Agreement.
2. Jackson's proposed Project would not occur but for the assistance and inducements being
provided by the City.
3. Jackson has not assigned any interest in and/or to, sold, contracted to sell or made any
promise or representation to sell or to otherwise give, convey, transfer or deliver to any
individual, partnership, corporation or other entity any interest in the Property, nor has
Jackson created or caused to create any liens, claims for lien, mortgages or judgments to be
placed against the Property.
4. Jackson will cause the demolition of all mobile homes and/or house trailers currently on the
property and cause the removal of all mobile homes and/or house trailers, vehicles, garbage,
debris and other hazardous, noxious or unhealthy substances or materials from the property.
5. Jackson will submit to the City, within thirty (30) days of the execution of this Agreement an
itemized estimate of the total project costs.
6. Jackson will submit Requests for Payment to the City pursuant to the terms of Section 4.0
below.
7. At the completion of the project, Jackson will submit an itemized accounting of entire project
costs, costs paid for by the City and costs paid for by Jackson.
8. Jackson acknowledges that, but for the representations and the obligations of Jackson, the
City would not enter into this Agreement. Jackson further acknowledges that his failure to
undertake and complete his obligations under this Agreement could cause the City
irreparable injury.
9. Jackson recognizes that the Property is located within a Tax Increment Financing District
and, as such, in accordance with state statute, 65 ILCS 5/11-74.4-8c, is not eligible for real
estate property tax abatements.
10. Jackson intends this Agreement to be a Redevelopment Agreement pursuant to 65 ILCS
5/11-74.7-3.
Section 2.0 Warranties and Representations by the City
1. The City has determined that to promote redevelopment, eliminate blight and expand the
tax base of the City, to provide for job creation and retention, and to improve the quality
of development at the Enterprise Industrial Park, it must provide incentives for
development to Jackson in order to enable the Jackson to cause the removal of all mobile
homes and/or house trailers, vehicles, garbage, debris and other hazardous, noxious or
unhealthy substances or materials from the property.
2. The City proposes to enter into this Agreement with Jackson to achieve the City's
objectives and in order to facilitate the development of the Property. The City is
prepared to offer financial incentives in order to bring about development in accordance
with this Agreement.
3. Prudent fiscal management by the City requires that this assistance to Jackson be
provided with appropriate assurances to the City that the Property will be developed
substantially as represented to the City by Jackson.
4. The City will provide TIF funds, up to forty thousand dollars ($40,000.00) to assist
Jackson in the removal of all mobile homes and/or house trailers, vehicles, garbage,
debris and other hazardous, noxious or unhealthy substances or materials from the
Property.
5. The City acknowledges that but for the representations and the obligations of the City,
Jackson would not enter into this Agreement. The City further acknowledges that the
failure of the City to undertake and complete its obligations under this Agreement could
cause Jackson irreparable injury.
6. The City intends this Agreement to be a Redevelopment Agreement pursuant to 65 ILCS
5/11-74.7-3.
Section 3.0 Tax Increment Financing
1. In order to eradicate blighted conditions, encourage private enactment and restore and
enhance the tax base of taxing district, the State of Illinois enacted the Tax Increment
Allocation Redevelopment Act (65 ILCS 5/11-74.4-2) (the "TIF Act").
2. The TIF Act authorizes redevelopment of certain areas by applying the incremental tax
revenues derived from the redevelopment project area towards the payment of the
redevelopment project costs.
3. Lots 10 and 11 of the Enterprise Industrial District constitute a "blighted area" pursuant to 65
ILCS 5/11-74.4-3 as the area contains improvements that are detrimental to public safety,
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health, or welfare due to a combination of the following factors, each of which is (i) present,
with that presence documented, to a meaningful extent so that the City can reasonably find
that the factor is clearly present within the intent of the TIF Act and (ii) reasonably
distributed throughout the improved part of the redevelopment project area:
a. Dilapidation: The property contains approximately seventy-five (75) mobile homes
and/or house trailers all within a state of disrepair or neglect that the buildings must
be removed.
b. Obsolescence: The buildings have become ill-suited for the original use as a mobile
home and/or house trailer.
c. Deterioration: With respect to the mobile homes and/or house trailers, there are
major defects in the secondary building components such as missing doors, windows,
gutters and downspouts and fascia.
d. Presence of structures below minimum code standards: None of the structures meet
the minimum standard of zoning, in violation of the Master Declaration of Covenants
for the Enterprise Industrial District. None of the structures meet the minimum
building and fire codes applicable to mobile homes and/or house trailers.
e. Excessive vacancies: All seventy five (75) mobile homes and/or house trailers are
vacant.
£ Excessive land coverage and overcrowding of structures and community facilities.
The mobile homes and/or house trailers have been improperly situated on the
Property in relation to present-day standards of development for health and safety.
There is an increased threat of spread of fire due to the close proximity of the mobile
homes and/or house trailers, vehicles, garbage and other debris.
4. Lots 10 and 11 of the Enterprise Industrial Park meet the statutory definition of "blighted
area" and, as such, constitute an accepted redevelopment project area.
5. The sum total of all reasonable or necessary costs incurred or estimated to be incurred
incidental to the redevelopment plan are acceptable redevelopment project costs.
6. Pursuant to 65 ILCS 5/11-74.4-3, the City has the power to incur prof ect redevelopment costs
and reimburse developers who incur development project costs authorized by a
redevelopment agreement.
Section 4.0 Proof of Project Costs and Payment
The City's obligation to make payment of up to forty thousand dollars ($40,000.00) is
contingent upon receipt of original, itemized receipts of evidence reasonably satisfactory to
the City that Jackson has incurred expenses including, but not limited to: demolition,
removal, disposal fees, labor and landfill fees.
2. Upon receipt by the Finance Committee of original, itemized receipts that reasonably
satisfies the City that Jackson has incurred expenses for the demolition and removal of all
mobile homes and/or house trailers and other debris from the premises and requests from
Jackson for payment, the Finance Committee will examine the receipts and pay requests and,
if approved, forward the pay requests to the City Council for immediate payment.
3. No payment will be made on items that cannot be substantiated by an original, itemized
receipt.
4. No payment will be made on items that are not reasonably related to the demolition and
removal of all mobile homes and/or house trailers and other debris from the Property.
5. No payment will be made on expenses incurred more than one (1) year from the date of this
Agreement. Payment will be made on expenses incurred within one (1) year of the date of
this Agreement in accordance with the terms and conditions set forth in this Agreement.
6. At the completion of the project, Jackson will submit an itemized accounting of entire project
costs, costs paid for by the City and costs paid for by Jackson.
Section 5.0 Completion Schedule.
1. Jackson represents that commercially reasonable efforts will be made to remove all mobile
homes and/or house trailers, vehicles, garbage and other debris from the premises within one
(1) year of the date of this Agreement.
2. Jackson shall, subject to unavoidable delays, promptly commence and diligently pursue and
complete the Project.
Section 6.0 Zoning
1. The prof ect, as described above, when completed, must constitute a permitted use under the
zoning ordinances of the City.
Section 7.0 Termination
This Agreement maybe terminated by the City if Jackson fails to comply with all material
terms of this Agreement and/or an Event of Default has occurred. Once the City determines
that Jackson has failed to comply with all material terms of the Agreement and/or an Event
of Default has occurred, the City must issue to Jackson, with a copy to his counsel of record,
a notice of his failure to comply. If Jackson has not cured his noncompliance within ninety
(90) days of receipt of the notice or if noncompliance within ninety (90) days of receipt of the
notice is not practicable or possible, the City can issue an additional notice stating that this
Agreement is terminated.
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2. Unless otherwise terminated as provided above, this Agreement shall terminate automatically
upon the completion of all obligations contained within it.
Section 8.0 Continuing_Obligations
Jackson and his successors and assigns shall maintain the property in good condition and in
conformity with all local, state and federal laws and regulations, and with any and all
covenants placed upon the Property.
Section 9.0 Sale or Lease of the Property
1. No portion of the Property may be sold or leased to any party without the prior written
consent of the City until the completion of Project outlined in this Agreement.
2. The City has entered into this Agreement with Jackson only. Therefore, the City represents
and Jackson acknowledges that this Agreement is not transferable or assignable.
Jackson warrants that the Property shall not be sold to an entity that is exempt from real
estate taxation, without the prior written consent of the City during the existence of the TIF,
which consent may be conditioned upon the execution by the proposed new owner or
occupant of an agreement to make payments in lieu of taxes.
Section 10.0 Events of Default
1. The following shall be Events of Default under this Agreement and the term Event of Default
shall mean, whenever it is used in this Agreement, any one or more of the following events:
a. Failure by Jackson to cause substantial and material completion of the Project to
occur pursuant to the terms, conditions and limitations of this Agreement shall
constitute an Event of Default.
b. Failure by Jackson to observe or perform any covenant, condition, obligation or
agreement that it is required by this Agreement shall constitute an Event of Default.
c. Failure by the City to observe or perform any covenant, condition, obligation or
agreement that it is required by this Agreement shall constitute an Event of Default.
Section 10.1 Remedies on Default. Whenever any Event of Default referred to in this
Section occurs and is continuing, the non-defaulting party shall have available to it any
remedy allowed by law or in equity.
Section 10.2 No Remedy Exclusive. No remedy is intended to be exclusive of any other
available remedy or remedies, but each and every remedy shall be cumulative and shall be in
addition to every other remedy given under this Agreement or existing at law, in equity or by
statute. The delay or failure to exercise any right or power accruing upon any default shall
not impair the non-defaulting party from later exercising the right or power, nor shall it be
construed as a waiver of the right or power, but the parties may exercise any right or power
from time to time and as often as they may deem expedient.
Section 10.3 No Implied Waiver. In the event any breach of this Agreement by either party
shall be waived by the other party, that waiver shall be limited to the particular breach
waived and shall not be deemed to waive any other concurrent, previous or subsequent
breach of this Agreement.
Section 10.4 Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of
Default occurs and the Non-Defaulting party employs attorneys or incurs other expenses to
enforce any obligation or agreement of the Defaulting party, the Defaulting party shall, on
demand by the Non-Defaulting party, pay the Non-Defaulting party's reasonable attorney's
fees and other expenses.
Section 10.5 Release of Liability. Jackson and the City agree that each party shall be
responsible for its own actions, the actions of its employees and the actions of parties directly
under its control and shall not be responsible or liable for the actions of the other party, its
employees or others directly under the other party's control. If one party is determined to be
liable to the other, it shall not be liable for consequential damages, such as lost profits or loss
of use, but may be held liable only for actual damages, attorneys' fees and costs of litigation,
where applicable.
Section 10.6 Unavoidable Delays. In addition to specific provisions of this Agreement,
performance by any party shall not be deemed to be in default where delays or defaults are
caused directly by war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires,
casualties, acts of the public enemy, epidemics, quarantine restrictions or freight embargoes
(together, "Unavoidable Delays"). An extension of time for completion resulting from
Unavoidable Delays shall only be for the period that action is actually prevented by the
Unavoidable Delay. Times of performance under this Agreement may also be extended in
writing by the parties.
Section 11.0 Miscellaneous.
Section 11.1 Conflicts of Interest. No member of the governing body or other official of the
City shall have any direct financial interest in this Agreement, the Project or the Project Area,
or any contract, agreement or other transaction contemplated to occur or be undertaken with
respect to this Agreement, the Project or the Project Area, nor shall any member of the
governing body or other official participate in any decision relating to the Agreement that
directly affects his or her personal interests or the interests of any corporation, partnership or
association in which he or she is directly interested. No member, official or employee of the
City shall be personally liable to the City in the event of any default or breach by the
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Developer or successor or on any obligations under the terms of this Agreement.
Section 11.2 HeadinQS. Descriptive headings are for convenience only and shall not control
or affect the meaning or construction of any provision of this Agreement.
Section 11.3 Notices. Any notice required by this Agreement shall be given in writing,
signed by the party giving notice, personally delivered or mailed by certified or registered
mail, return receipt requested, to the parties' respective addresses as follows:
To the City: City of Canton
2 North Main Street
Canton, Illinois 61520
Attn: Mayor
With a copy to: City of Canton
2 N. Main Street
Canton, Illinois 61520
Attn: City Attorney
To Jackson: Jate, Inc.
Fulton County Rental, Inc.
Mr. Ray Jackson
285 Orchid Court
Canton, Illinois 61520
With a copy to: Nancy A. Schell, Esq.
Froehling, Weber, Evans & Schell, LLP
167 West Elm Street
Canton, Illinois 61520
Notice shall be deemed delivered (a) in the case of personal delivery, on the date when
personally delivered, or (b) in the case of certified or registered mail, on the date when
deposited in the United States mail with sufficient postage to effect such delivery.
Section 11.4 Entire Agreement. This document contains the entire agreement between
Jackson and the City with respect to the matters set forth, and it shall inure to the benefit of
and shall bind the parties, their respective heirs, executors, successors or assigns. This
Agreement maybe modified only by a writing signed by all parties.
Section 11.5 Governing Law. This Agreement shall be construed in accordance with the
laws of the State of Illinois. The parties agree that disputes under this Agreement shall be
decided in the courts of the County of Fulton or the United States District Court for the
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Central District of Illinois, and the parties consent to that jurisdiction.
Section 11.6 Cooperation. The City and Jackson agree to cooperate in the prosecution of
applications made by either party for any governmental certificates or approvals appropriate
or necessary for the consummation of the transactions contemplated by this Agreement or the
use and occupancy of the Property. The City and Jackson each agree at any time, or from
time to time at the written request of the other, to sign and deliver other documents as may be
reasonably requested or as may be reasonably necessary or appropriate to give full effect to
the terms and conditions of this Agreement.
Section 11.7 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original.
Section 11.8 Amendments. This Agreement may only be amended in writing, signed by the
City and Jackson. Notwithstanding the above, by approving this Agreement, the City
designates the Mayor and the City Engineer to act as its agents, to approve modifications to
this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
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CITY OF CANTON, an Illinois Municipal Corporation
By:
ney Hein e, Mayor
ATTEST:
~1~~~~~1~~~~-
Nancy Whit ,City Clerk
STATE OF ILLINOIS
COUNTY OF FULTON
SS:
I, ~ (,~/~(,~~ , ~, 1~a'~~, a Notary Public in and for the County of Fulton, State of
Illinois, certify that Rodney Heinze, personally known to me to be the sa e person whose name is
subscribed to this instrument, appeared before me on November~n, 2006, in person, and
acknowledged to me and he signed and delivered this instrument as his free and voluntary act for the
uses and purposes as set forth.
OFFICIAL 3E:AL
CAROL E. KOHLER
NOTARY PUBLIC, STATE OF ILLMIOIS Notary ubliC
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DATE, INC.
By:
Ray Jack n, sident
FULTON COUNTY RENTAL, INC.
By:
Ray Jac s n, esident
STATE OF ILLINOIS
SS:
COUNTY OF FULTON
I, Nancy A. Schell, a Notary Public in and for the County of Fulton, State of Illinois, certify
that Ray Jackson, President of JaTe, Inc. and Fulton County Rentals, Inc., personally known to me to
be the same person whose name is subscribed to this instrument, appeared before me on November
~, 2006, in person, and acknowledged to me and he signed and delivered this instrument as his free
and voluntary act, as President of JaTe, Inc. and as President of Fulton County Rentals, Inc., and on
behalf of those corporations, for the uses and purposes as set forth.
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