HomeMy WebLinkAboutOrdinance #4367 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 1rli DAY OF OCTOBER, 2023 ADOPTED ORDINANCE NO. 4367, A I'RUE AND
CORRECT COPY OF WHICH IS CONTAINED IN THIS PAMPHLET.
GIVEN UNDER MY HAND AND SEAL THIS 17Th DAY OF OCTOBER,2023.
(SEAL) ;
r
DREA J. s ALTERS—SMITH
ITY CLERK
CITY OF CANTON, ILLINOIS
ORDINANCE NO. 4 3 6 7
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A
REDEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF CANTON,FULTON COUNTY,ILLINOIS
AND
MELISSA DAVIS,DVM,D.B.A. CANTON VETERINARY CLINIC
(534 E. OAK STREET)
PASSED BY THE CITY COUNCIL
OF THE CITY OF CANTON,FULTON COUNTY,ILLINOIS,
ON THE 17TH DAY OF OCTOBER,2023.
PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE CITY
COUNCIL OF THE CITY OF CANTON,FULTON COUNTY,ILLINOIS,
THIS 17TH DAY OF OCTOBER, 2023.
EFFECTIVE: OCTOBER 17,2023
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ORDINANCE NO. 4367
CITY OF CANTON,ILLINOIS
AN ORDINANCE APPROVING AND AUTHORIZING
THE EXECUTION OF A BUSINESS DEVELOPMENT DISTRICT NO. 1
REDEVELOPMENT AGREEMENT
by and between
THE CITY OF CANTON
and
MELISSA DAVIS,DVM,D.B.A. CANTON VETERINARY CLINIC
(534 E. Oak Street)
WHEREAS, the Mayor and City Council of the City of Canton, Fulton County, Illinois (the
"City"), have hereby determined that the Canton, Illinois Business Development District No. 1
Redevelopment Agreement by and between the City of Canton and Melissa Davis, DVM, d.b.a.
Canton Veterinary Clinic (the"Developer") attached hereto as Exhibit "A,"is in the best interest
of the citizens of the City of Canton.
NOW THEREFORE,be it ordained by the Mayor and City Council of the City of Canton,
Illinois,in the County of Fulton,as follows:
1. The City of Canton, Illinois Business Development District No. 1 (the `Business District")
Redevelopment Agreement attached hereto as Exhibit "A"is hereby approved.
2. The Mayor is hereby authorized and directed to enter into and execute on behalf of the City
said Business District Redevelopment Agreement and the City Clerk of the City of Canton is
hereby authorized and directed to attest such execution.
3. The Mayor is hereby further authorized to approve a single forty-five (45) day extension of
the Developer's obligation to complete the Project and verify eligible expenses if such
extension is requested by the Developer in writing on or before April 30,2024.
4. The Business District Redevelopment Agreement shall be effective the date of its approval on
the 17TH day of October, 2023.
5. This Ordinance shall be in full force and effect from and after its passage and approval as
required by law.
(The remainder of this page is intentionally left blank.)
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PASSED APPROVED AND ADOPTED by the Mayor and City Council of the City of
Canton this 17th day of October,2023.
MAYOR&ALDERMEN AYE VOTE NAY VOTE ABSTAIN/ABSENT
Angie Lingenfelter X
Andra Chamberlin X
Patrick Ketcham X
Ralph Grimm X
Greg Gossett X
Justin Nelson X
John Lovell X
Angela Hale X
Kent A.McDowell,Mayor X
TOTAL VOTES 7
APPROVED: �-3��' , Date 10 / /2023
ayor, ity o Canto
ATTEST: i Idi ���/! , Date: /D / 07 /2023
ity Clerk, City of Canton
ATTACHMENTS:
1. EXHIBIT A. City of Canton,Illinois Business Development District No. 1 Redevelopment
Agreement by and between the City of Canton and Melissa Davis, DVM, d.b.a. Canton
Veterinary Clinic.
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EXHIBIT A
CITY OF CANTON, ILLINOIS
BUSINESS DEVELOPEMNT DISTRICT NO. 1
REDEVELOPMENT AGREEMENT
by and between
THE CITY OF CANTON
and
MELISSA DAVIS,DVM,D.B.A. CANTON VETERINARY CLINIC
(534 E. Oak Street)
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CITY OF CANTON, ILLINOIS
BUSINESS DEVELOPMENT DISTRICT NO. 1 REDEVELOPMENT
AGREEMENT
by and between
CITY OF CANTON, ILLINOIS
and
MELISSA DAVIS,DVM,D.B.A. CANTON VETERINARY CLINIC
(534 E. Oak Street)
OCTOBER 17,2023
CITY OF CANTON, ILLINOIS
BUSINESS DEVELOPMENT DISTRICT NO.1
REDEVELOPMENT AGREEMENT
by and between
CITY OF CANTON,ILLINOIS
and
MELISSA DAVIS,DVM,D.B.A. CANTON VETERINARY CLINIC
(534 E. Oak Street)
THIS AGREEMENT (including Exhibits, hereinafter referred to as the "Agreement") is
entered into this 17th day of October,2023,by the City of Canton (the "City"), an Illinois Municipal
Corporation, Fulton County, Illinois, and Melissa Davis,DVM, d.b.a. Canton Veterinary Clinic,
(the"Developer").
PREAMBLE
WHEREAS,the City has the authority to promote the health, safety,and welfare of the City
and its citizens and to encourage development,job creation, and/or the full utilization of real estate;
and
WHEREAS,pursuant to the Illinois Business District Development and Redevelopment Act
(65 ILCS 5/11-74.3-1 et seq.), as amended (the "Act"), the City established the Canton Business
Development District No. 1 (the `Business District" or `BDD") on March 15, 2022, by approving
Ordinance No. 4281;and
WHEREAS,on September 30,2022,the City approved the First Amendment to the Business
District by approving Ordinance No. 4307 and further ratified the First Amendment on October 5,
2022 by approving Ordinance No. 4315;and
WHEREAS, pursuant to Illinois Statute 65 ILCS 5/8-1-2.5, the City has the authority to
appropriate and expend funds for economic development purposes;and
WHEREAS,pursuant to the Act,the City has the authority to incur eligible business district
project costs and may enter into agreements with developers to reimburse them for their eligible
business district project costs;and
WHEREAS, the Developer owns property located within the Business District at 534 E.
Oak Street(PIN 09-08-35-116-008),which is hereinafter referred to as the"Property;" and based in
part on incentives made available by the City, the Developer shall proceed with plans to repair and
replace the roof on the building located thereon at a total estimated cost of$23,267 for the continued
commercial operation of Canton Veterinary Clinic (the"Project");and
WHEREAS, the Developer's proposed Project is consistent with the land uses of the City
and the Business District Plan as adopted; and
WHEREAS, as an incentive to undertake the Project, the Developer has requested
reimbursement for a portion of its BDD eligible project costs as described in Exhibit "1"attached
hereto and as further evidenced by the Developer's Application for Reimbursement of Private BDD Eligible
Redevelopment Project Costs attached hereto as Exhibit `2;"and
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WHEREAS, the City has determined that this Project requires the incentives requested and
that said Project will promote the health, safety and welfare of the City and its citizens by attracting
private investment to redevelop under-utilized property, to provide employment for its citizens, and
generally to enhance the local economy;and
WHEREAS,in consideration of the execution of this Agreement and in reliance thereon,the
Developer is prepared to redevelop said property;and
WHEREAS, the City is entering into this Agreement to induce the Developer to complete
the Project located on the Property.
AGREEMENTS
NOW, THEREFORE, for good and valuable consideration, the receipt of which is
acknowledged,the Parties 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 and are to be construed as binding statements of this Agreement.
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 agrees to complete the Project and verify eligible project costs as required in
Section "E"below on or before April 30, 2024, subject to exception of Force Majeure as
described in Section "I"below.
4. For the purpose of this Agreement, the Developer's Project will be deemed to be complete
when the roof improvements described in Exhibit "1"are completed in compliance with all
applicable ordinances and building codes of the City, and the eligible project costs have been
verified by the Developer pursuant to Section "E"below.
5. Each of the Parties represents that it has taken all actions necessary to authorize its
representatives to execute this Agreement.
B. INCENTIVES
In consideration for the Developer completing its Project,the City agrees to extend to the Developer
the following incentives to assist the Developer's Project:
1. Upon the timely completion of the Project and verification of Business District eligible project
costs incurred in furtherance of the Project by the Developer pursuant to Section "E"below,
the City shall reimburse the Developer a single,lump-sum amount not to exceed Twenty
Five Percent(25%) of the verified eligible project costs incurred for the Project,not to
exceed Five Thousand Eight Hundred Seventeen and 00/100 Dollars ($5,817.00),
whichever is less, as may be payable from the Canton BDD Special Tax Allocation Fund
pursuant to the Act.
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C. LIMITATION OF INCENTIVES TO DEVELOPER
1. The Developer shall be reimbursed by the City, subject to the limitations of Section "B"
above, from the Business District Tax Allocation Fund, but only up to an amount not to
exceed$5,817.00.
D. OBLIGATIONS AND RESPONSIBILITIES OF DEVELOPER
1. The Developer shall timely complete the Project located on the Property. Failure of the
Developer to timely complete such the Project as set forth herein will result in the denial of
the reimbursements to be otherwise made hereunder.
2. The failure of the Developer to provide any information reasonably required herein after
notice from the City,and the continued failure to provide such information within 30 days to
the City 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 forgoing information.
3. The Developer agrees to execute any and all documents necessary to effectuate the provisions
of this Agreement.
E. PAYMENT OF ELIGIBLE PROJECT COSTS
1. To receive the incentives set forth in Section "B" above, the Developer must submit
documentation evidencing all Business District Eligible Project Costs incurred by it with
respect to the Project on or before April 30, 2024. Satisfactory evidence of such costs shall
include verified bills or statements of suppliers, contractors, or professionals together with
mechanic's lien waivers (whether partial or full), cancelled checks, statements or invoices
marked paid from each of the parties entitled to payment with respect to work done for the
Project, or other proofs payment for such bills, statements, or invoices for such costs.
2. Absent the City's written consent for an extension provided to the Developer, any costs
submitted after April 30,2024,will not be eligible for reimbursement.
a. Upon receiving written request from the Developer on or before April 30, 2024, the
Mayor may grant to the Developer one extension of up to forty-five (45) days to
complete the Project and comply with Section "E(/)"above.
3. Payment to the Developer for BDD Eligible Project Costs as set forth by the BDD Act shall
be made by the City following submission by Developer of a final Requisition for Payment of
Private Development Redevelopment Costs (the "Requisition") attached hereto as Exhibit "3"to
Jacob & Klein, Ltd. and the Economic Development Group, Ltd. (collectively the `BDD
Administrator"), and the BDD Administrator's approval of the BDD eligible project costs
and the availability of funds in the Canton BDD Special Tax Allocation Account.
4. If any costs which are submitted by the Developer are not approved by the Administrator,the
reasons for disallowance will be set forth in writing and the Developer may resubmit the costs
with such additional information as may be required and the same procedures set forth herein
shall apply to such re-submittals.
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5. All Business District Eligible Project Costs which have been approved shall then be paid
pursuant to the terms set forth in Section "B"above.
F. LIMITED OBLIGATION OF CITY
The City's obligation hereunder to reimburse the Developer as stated herein is a limited
obligation. 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 any City fund nor obligate the
City to utilize its taxing authority to fulfill the terms of this Agreement.
G. 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 payments to any contractor, subcontractor,
mechanic, or materialman providing services or materials to the Developer for the Project.
H. 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 Municipal Sales Tax
Revenues payable 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) day period, and thereafter diligently and continuously prosecutes the
cure of such default until the same has been cured.
I.TIME;FORCE MAJEURE
For this Agreement,time is of the essence. The Developer agrees to complete the Project on
or before April 30, 2024, subject to extension due to Force Majeure (defined below). Failure to do
so shall be cause for the City to declare the Developer in default and unilaterally terminate the
Agreement after notice and the opportunity to cure as provided in Section H. 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 the City fails to timely perform the same and such failure is
due in whole, or in part, to any strike,lock-out,labor trouble (whether legal or illegal), civil disorder,
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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 or any other cause beyond the reasonable control of the
Developer or the City.
J.ASSIGNMENT
The rights (including,but not limited to,the right to payments contemplated by Section "B"
of this Agreement) and obligations (or either of them) of the Developer under this Agreement shall
not be assignable.
K.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.
L. 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.
M.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(i)the date of actual delivery,if delivered
personally,or(ii) 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 or (iii) the next business day if sent
overnight delivery using a nationally recognized delivery service,addressed as follows:
TO CITY TO DEVELOPER
City of Canton Melissa Davis,DVM,d.b.a Canton
City Clerk Veterinary Clinic
2 N. Main Street 534 E. Oak Street
Canton,Illinois 61520
Ph: (309) 647-0065 Canton,Illinois 61520
Ph: (309) 647-2221
With copy to City BDD Administrator.
With copy to:
Jacob &Klein,Ltd. and
The Economic Development Group,Ltd.
1701 Clearwater Avenue
Bloomington,Illinois 61704
Ph: (309) 664-7777
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N. SUCCESSORS IN INTEREST
Subject to the provisions of Section `f"above, this Agreement shall be binding upon and
inure to the benefit of the Parties hereto and their respective successors and assigns.
O. NO JOINT VENTURE,AGENCY, OR PARTNERSHIP CREATED
Neither anything in this Agreement nor 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.
P. LIMITATIONS OF LIABILITY
As it relates to this Agreement, no recourse under or upon any obligation, covenant or
agreement of this Agreement or for any claim based thereon or otherwise in respect thereof shall be
had against the City, its officers, agents and employees, in excess of any specific sum agreed by the
City to be paid to Developer,hereunder, subject to the terms and conditions herein, and no liability,
right or claim at law or in equity shall attach to or shall be incurred by its officers,agents and employees
in excess of such amounts, and all and any such rights or claims of Developer against the City, its
officers, agents and employees are hereby expressly waived and released as a condition of and as
consideration for the execution of this Agreement by the City.
Q. ENTIRE AGREEMENT
The terms and conditions set forth in this Agreement 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.
R. TERM OF THE AGREEMENT
Notwithstanding anything in this Agreement to the contrary, this Agreement shall expire on
April 30,2024, or upon the Developer receiving the incentives provided for in Section "B"above.
The Agreement shall expire sooner upon default by the Developer of this Agreement after applicable
notice and cure periods.
S. ILLINOIS PREVAILING WAGE ACT
Itis the understanding of the Parties that the position of the Illinois Department of Labor(the
"Department") is that the Illinois Prevailing Wage Act does not apply to Sales Tax Reimbursements
received by private developers as reimbursement for private redevelopment project costs. This
position of the Department is stated as an answer to a FAQ section on the Departinent's website.'
The Developer shall indemnify and hold harmless the City,and all City elected or appointed officials,
officers, employees, agents, representatives, engineers, consultants, and attorneys (collectively, the
Aindemnified 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. This obligation to indemnify and hold harmless
obligates Developer to defend any such claim and/or action, pay any liabilities and/or penalties
1See online: haps://labor.illinois.gov/.
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imposed, and pay all defense costs of City,,including but not limited to the reasonable attorney fees
of City. Failure to comply with any of these requirements may cause all benefits hereunder to be
terminated by the.City. ' -
.. T. OTHER.GENERAL PROVISIONS
1. 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.
2. Warranty of Signatories: The inqioris of Developer warrant full authority to both execute
this Agreement and to bind the entity in which they are signing on behalf of.
3. Counterparts:This Agreement maybe e\ccuted in counterparts,which when taken together
shall constitute a single signed original as though all Parties had executed the same p.igc.
4. 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 iii the'Circuit Court of Fulton County,
Illinois.
THIS AGREEMENT IS INTENDED TO BE A LEGAL DOCUMENT. AN ATTORNEY AT
LAW SHOULD BE CONSULTED PRIOR TO THE EXECUTION OF THIS DOCUMENT.
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IN WITNESS WHEREOF the Parties.;hereto have caused this Agreement to be executed
by their duly authorized officers on the above date at the City of Canton,Illinois.
CITY DEVELOPER
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CITY OF CANTON,ILLINOIS,an Illinois MELISSA DAVIS,DVM,D.BA CANTON
Municipal Corporation -VETE' 'Y CLINIC,individually
BY: W. I 4 (,�(�V BY: /4410,
M ssa Davis -:
EXHIBIT 1
ESTIMATED BDD ELIGIBLE PROJECT COSTS
Melissa Davis,DVM,d.b.a Canton Veterinary Clinic
City of Canton,Fulton County, Illinois / Canton BDD No. 1
Project Description: Developer shall repair and replace the roof of the building located on
the Property at a total estimated cost of $23,267 for the continued
commercial operation of Canton Veterinary Clinic.
Property: 534 E. Oak Street,Canton,Illinois
PIN 09-08-35-116-008
SECT/LOT: 32 MARSHALL FISHER S ADD 31
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Estimated BDD Eligible Project Costs:
Repair and replacement of building's roof(materials&contracted labor) $23,267
Total Estimated BDD Eligible Project Costs' $23,267
1 The total,cumulative reimbursement of BDD Funds for BDD Eligible Project Costs payable by the City to the Developer
shall not exceed 25% of verified BDD eligible project costs incurred by the Developer not to exceed $5,817.00, as set
forth in this Redevelopment Agreement.
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EXHIBIT 2
APPLICATION FOR BDD BENEFITS RELATING TO PRIVATE BDD
ELIGIBLE REDEVELOPMENT PROJECT COSTS
as submitted by
MELISSA DAVIS,DVM,D.B.A CANTON VETERINARY CLINIC
(534 E. Oak Street).
(See followingpages as attached)
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City of Canton, Illinois
Canton Business Development District (BDD) No. 1 ru.,Mil,,,,:Jil;;2112.>,1
City or C„ruon,Illinois/2 N.Main Sr.,Canton,IL 61520 Ph:(30'1 M7-0065
APPLICATION FOR REIMBURSEMENT OF
PRIVATE BDD ELIGIBLE REDEVELOPMENT PROJECT COSTS
:\pplic.111(Name: _ v L ,SC... 1)ti:v i
.\pphcant i'lbiling Address: 5 34 L DA I<- S-f . (IA1)/Ot."1 IL Zp/r'ZO
Applicant Da)time Phone:3Cn-u.Y 7- J:1..:1 1 ,\pplicanl Emlil Address:_ (IC.DttOAt 1.:)<?qmC:,:)•Co
Subjl'CI Property's Sid.Address: "53 ti € 0 4 K 5 `I 4-1iTUl1 IL (D/5 J.-0
Subjecr Propmr's Fulron Count) Property T:ix ID# 0 'f- OA - 35 - ,)J fg = 0 OB
ProperlI'(Iwnl'f Nall le(s)ii diftt-n:111than Applicant:
Type of Property(.-hI'I'k1111(hill„ph/y):T;i1J.Commcrcial/Retail; Professional Office; D Industrial; D Rcsldmtl,1I
;\nticipatcd Project Start Date: 11V rrl 7,{)7.3 and Estimated Pmjccl Completion Date: 1 JOi 't '2 3
Number of new jobs, if an)',that will be created as a result of this Project: Full-time_ _ Part-time
New annual retail sales anticipated to occur.if any,as a result of the prnpnsecl improvement,: S
Total Projected Investment for Project:S.?3 1 9LAL.of which S.)3 (../. 1(1 is laml/huilding impron:mrnts.
Estimated BOD Eligible Project Costs(1111Th dettJiled li111111 d demiptioll,In II'e/l,u bids/or col l!meted 11•orkl:•
I. Professional fees(e.g..cnl,:inccring,architectural,legal,accounting, plans, nlarkctln)U....S
2. Ac,luisition cost of land and buildings purchased after J/IS/2022 S
3. Site preparation (e.g., demolition, exca,•ation, lc\'cling/grading oi land) $.
4. rehab,repair, rcmudeling, reconstruction of existing huilclings $ 1(gl.CC.0O
5. rehab,repair,remodeling,reconstruction of vacant,undcrunlizcd space S .2 007• ZO
6. Construction of new building
7. Construction or repair of primtc parking lot and/,ir dm•cwa)' $
8. Construction or repair oi public infrastructure. S
TOTAL ESTIMATED BDD ELIGIBLE PROJECT COSTS: $ 1._3.2 7. '.)O
FOR c1 n-USE:
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1nu.unt ti•nnbwlcd b\ (in' SI, I [ , , ' vii•l.itc., . —
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The Cl ly rtfL111Inn lc, r,.-s tlu, lighlttt acu•plut)t).\ppli.111<111,fn,111 lhmc:\pplicanl wlin undt:rtakc
prnlcns the Cur d•c111,t, he compllal1I wuh the .\-i ,llld for rrolcct\ That tlw City hdl vr:will flirthl'r
liml ll.l It•the typ,•„I rc.fe.,clnpmcl II Thal 1 cl l l lsislcl l lwl lh iltc°C.1111011 Busl l les Dc\'dop111 m District Al'.
I lkdcl-dnpmcl1rl'bn, and Prolccrs. The C:ant(ln C:ill'C,luncil shall exercise i15 aurh„rirr puruant to the
:IC!10 rclmhursc.: prll•:lle rnk\'d(lplllent projccl o,sts in such amounts rh.l1 :11c dct'med 10 ht: 111 che hl'.51
l ll lcncsts of the cilil.cns nt'chc Cit,of C.1111011.
(,. :\l,plic:1 l l is mu,l,In:1 llv:I1Kc of rcc,•iv1l lg BO1)funds:a)1Tlif1 1h.11 chc m"sl ri:ccnl real csl:l lc 1:1x 6111(,J
lune been p:lid for ch,Pmpcny;:111d h)Icrlfr IIDO cliglhk projccc coses I 1 1 a,n1111m1111 nlual 10 ur grc:ucr
than che alll<lunl ,ipprnn•d by the Cilr Counol. DOD Funds arc paid by the Cily of Canion to
Applicants:
•
.1 with whom the City Council has approved a wrilten rcdevclopmcnl agreement by City
Ordinance;
b. upon completion of the Project and terms of the redevelopment agreement; and
c. following the verification of BOD eligible project costs that have been incurred by the
Applicanc - no exceptions. The City's oblig:llloll hereunder ro pay 111)D fumb for eligible
project cosrs is a limited oblig-.11iol1 to be paid sold) from the Cuw,n HDD No. I Special Ta>.
Allocation Fund,unless otherwise specified in the recicvl'lopmcnt agreement.
7. It is the under.l1,nding of chc C:11)':rnd the 1\pplic:lnl rh.l l the position of chc Illinois Ocp:lrlmrnlof I.ah„r i,
that the llhorns Prevailing \X`agc .\ t docs nul t:urrcntly apply to sales 1. • lit cnm•cs,such :,, 111)1) I'unds,
that arc rcccl\'l:d h•pri,•.lc Oc,•clopl'rs as rcl lnl ur ctticttt for BDD Eligible Project Cmts•.n1i poslli„n of
the Department of Labor is a,-ailahic online ar:Illlt °> •rn P_ f I•/ ' ”.
wn c-fo_J it p. .\ny project costs incurred b)' the Developer within a public righl-,>I-w:1) 01 for
which the improvements are intended w be dedkalcd to the City are subject to the Prc\'ailing Wage Acr.
8. All Applications are subject to rcl'icw by the City Fin.,nr.c Committl'C prior to Cit)Council apprmal.
The undersigned certifies and warrants that to the best of his/her knowledge the information contained in
and attached to this Application Fonn is true,correct,and complete and furthermore agrees to the terms
and conditions provided herein. Nothing contained in this BOD Application shall be construed by the
City or the Applicant or any third person to create the relationship of a partnership, agency,or joint venture
• • • • • • liii
• • L/ Date: ! / <- 1 0 I 3
xiApplicant is the Owner of Subji:ct Property0 Applicant is Tenant of Subject Property for\\'hich/1/>ellrlli,:.,-I has bern completed ncl atl ached hrrc:to.
•3.
i r n i_
Canton Veterinary Clinic was moved into our existing building in 1998. My
husband and I purchased the building and business from the previous widow in
May of 2005 after working at the clinic as the primary veterinarian since August of
2001.
We have since made our home here and raised two children with the youngest
graduation from Canton High School this year.
The attached project is to replace a failing roof that after previous patch attempts
needs a complete repair. We have chosen to use a local contractor having Dean
Construction, Inc replace the roof.
We are having repairs made to an exterior wall that sustained water damage from
the failing roof. Replacing the existing damaged windows and repairing the
interior and exterior wall. Having another local contractor of Jon Newburn
Construction, Inc complete these repairs.
We will continue to provide the surrounding community with Veterinary Services
as we have for the last 22 years.
Thank you for your consideration.
Melissa Davis, DVM
Canton Veterinary Clinic
PROJECT PROPOSAL
Arm
N W B U R N P.O. Box 544 Canton IL 61520
(309)338-6221
CONSTRUCTION INC. newbumconstruction@gmail.com
Customer name&address Job site address
Canton Veterinary Clinic Same
534 E.Oak
Canton 11.61520
We Hereby propose to furnish the materials and perform the labor necessary for the
completion of: New windows and wall repair
1. remove existing windows, interior wall finishing
2. frame for new windows
3. install new windows and ventilation for surgery hose
4. drywall, finish, paint and install new trim
5. install new green steel siding
AIF material is guaranteed to be as specified, and the above work to be performed in
accordance with the drawings and or the specifications and completed in a workman like
manner for the sum of:
$7067.20
Respectfully submitted by: n M.Newburn
Paymenl schedule lo be as follows: Upon completion ;ffy
Acceptance of proposal
The above prices and conditions are satisfactory and are hereby accepted.You are authorized to
proceed with the project as specified. Payments will be made out as outlined.
Accepted by:
Ken Dean #i; ���-. Illinois Unlimited Roofing License
F Constmction,Inc. //I04-010965
o 7 Marice Drive fil,, www.whiteroofs.net
M Canton, 1L 61520309-224-3422 Ken cell(Olt ner)
A11017.4i iTFMS 309-645-6655 Jeff cell(sales)
1400-972-3422 309-647-8141 fax
Proposal
DATE
PROPOSAL SUBMITTED TO 12113•'22
NAME JOB NAME EMAIL
Canion Veterinary Clink Ply Syslent wi Alias ISO
ADDRESS CONTACT CELL
5).J Fa,i Oak Slrc,•1 Missy Davis
CITY,STATE,ZIP PHONE FAX
Canton.IL 61520 309-647-2221
We hereby subm11 spcclficolions and cslimatc foe
C.enrrul Condlllnn..
2,310 square fool roof(wcst roof35'x 35':cast roof3l'x 35')including wall areas.The current roof system is EPot„1 rubber. Th
EPDM has contracted and pulling away al the wall on the cast side.Scams arc foiling throughout the n,of.The Conklin Roof System
is a white,rencctivc,lightweight,seamless,breathable roof membrane which will be fully adhered lo I ",”thick Alias AC 11,,rooling
insulation(R-10)sheeting.This••i:n-cn"rooting system is also renewable eliminating the expense of a.:omplctc roof replacement in
the future. Additional applications of Conklin roof coating may be applied in the future to further extend the lifo of the roof system.
Proposed Work
I. Install 4'x S'x I'Y"Atlas AC II@ insulation board stock(R-valuc 10)on the roof surface with scrC\IS and deck plates.
2. Apply Prime Time®rooting primer coal on the entire roof.
3. Seal all scams on the board stock sheeting with Spuntlex fabric reinforecmcnr embedded into wet roof coating.
4. Co\'er all other exposed fasteners on the!lat roof with butyl tape.
5. Seal the perimeter of the flat roof with butyl tape,caulking,and roof coating.
6. Apply Benchmark®base coat with Spunnex fabric reinforcement embedded into the wet coating on the entire roof.
7. Apply PUMA XL®top coat on the entire roof at a rate of 1.9 gallonsisquarc to form a white,renecll\e,seamless,roof membrane
Closing Commentt
The Conklin Company has been manufacturing coatings since 1977.Roof systems applied over 25)cars ago arc performing"ell
today.Dean Construction has earned the status of Preferred Contractorll ith the Conklin Company for the pa t 25 years and is an
accredited Better 811sine5s 811ren11 member.PU'.\IA XL top coat is the best available coating from the Conklm Company Dean
Construction will orfcr a transferable 15 year non-promtcd\larranty(material and labor)and correct any problems lroof leaks)Thal
arc naturally occurring and not caused by others or a.:ts of God to the applied roof systems onl) This warranty does not appl}to the
substrate,interior damage.mold development,damage originalmg on adjoin mg roof areas.or any preexisting condilil,n., I he
Conklin Rooting System"ill reflect 85°•of the sun and cams the EPA's f,IERG rSTAR rating for roof,ystcros This is a class A
tire rated system.
T1lank_I'dllfor considering a Conklin Roofing System from Ken Dealt Cunstrl1 cl ion,Inc •
'AYM11iNT IERNS•
We hereby propose 10 furnish labor and materials-complete in accordance with the above specifications,for the sum of
Sixteen Thousand Two Hundred Dollars(S 16,200.001 with payments to be made as follows:
50%($8,I00.00)when the application is started and 50%($8,100.00)when the application has been completed.
All m.l leriol os ivaranlcel 10 be as,pi:,:ified All work 10 be complelcd in o workmanlike manner••weolhcr and Olhcr liluolion,d1cl01c
Any ahcralion or devlal Ion from above,prcl liral Ions mvolvong extra cosi.will be exo,:uled only upon wriuen orders.and will bcmmc an
c,lrn charge O\Cr and aho"c the eslimalc All agrccmenL,coni Ingcnl upon strikes,occident or delay,beyond our conuol In the c,cnl or
mal<nal pncc mcrcosc Deon Com,lrucl ion may wilhJmw llro,quolc This propoial subjccl,,.n,nonce wilhln 60 Jay,and II,.void
Ihercaner 011hc option orlhe undersigned All unpaid in,Olce,will be charged I', inlcresl r,•r nwnlh ancr project complclion All required
lees or buolding peml 1 is 10 be rurnuh,'d by buildmg o"ncr.
Authorized SignalUre
Dean Construction
( 4 3
! e e.¢
ACCEPTANCE OF PROPOSAL
The above prices.spccilicalions and conditoon,ore hereby occeplcd.You arc authorized to do the work as specified.
Paymcnl will be mode I1S oullincd abovr.
ACCEPTED:
Date
•
Signature _
building owner or rcprescntati"c
EXHIBIT 3
CITY OF CANTON,ILLINOIS
CANTON BUSINESS DEVELOPMENT DISTRICT(BDD)NO.1
PRIVATE PROJECT REQUEST FOR
VERIFICATION OF BDD ELIGIBLE PROJECT COSTS
by
MELISSA DAVIS,DVM,D.B.A CANTON VETERINARY CLINIC
(534 E. OAK STREET)
Date
Attention:City BDD Administrator,City of Canton,Illinois
Re: BDD Redevelopment Agreement,dated October 17,2023
by and between the City of Canton,Illinois,and Melissa Davis,DVM,d.b.a. Canton Veterinary Clinic
(the"Developer")
The City of Canton is hereby requested to disburse funds from the Canton BDD 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.
❑ This is the final request for verification of BDD eligible project costs (Developer initials)
2. REIMBURSEMENT PAYABLE TO:Melissa Davis,DVM,d.b.a Canton Veterinary Clinic
3. AMOUNTS REQUESTED TO BE DISBURSED:
Description of BDD Eligible Project Cost Amount
Total
11
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"1"of the
Redevelopment Agreement.
5. The undersigned certifies that
(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 BDD Eligible 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 "C" 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 "1"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:
TITLE: DATE:
REVIEWED BY JACOB&KLEIN,LTD.&THE ECONOMIC DEVELOPMENT GROUP,LTD.
BY:
TITLE: DALE:
12