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HomeMy WebLinkAboutResolution #3601RESOLUTION NO. 3601 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND TODD FLETCHER AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS. WHEREAS, the City of Canton, Illinois has advertised for bids and proposals, and Todd Fletcher submitted the highest bid pursuant to the notice for the sale of real property legally described as: The east 92 feet of the following tract: Forty-six (46) feet and ten (10) inches offthe south side of Lot Number Fourteen (14) in Jones' First Addition to the City of Canton, Fulton County, Illinois. WHEREAS, the City Council of the City of Canton, Illinois has reviewed the terms of the proposed agreement, a copy of which is hereto attached and made a part hereof as Exhibit "A"; and, 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 enter into said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1) That the agreement between the City of Canton and Todd Fletcher, which is attached hereto and made hereof as Exhibit "A"; is hereby approved, said Agreement to be subject to and effective pursuant to the terms and conditions set forth therein. 2) That the Mayor and City Clerk are hereby authorized and directed to execute and deliver said agreement on behalf of the City of Canton, Illinois. 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. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 5th day of February , 2002 upon a roll call vote as follows: AYES: ~~ermen Fillingham, Shores, Meade, jJest, Sarff, 1~11eck. NAYS: None . ABSENT: Aldermen Hartford, NidifferAPPROVED ATTEST: Nancy TJ rites, City Clerk .~~ J ry M. Bohder, ayor Ezhibit "A" AGREEMENT FOR SALE OF REAL ESTATE ARTICLES OF AGREEMENT, made as of this day of 2002, between the City of Canton, an Illinois Municipal Corporation, hereinafter called "Seller", and Todd Fletcher, hereinafter called "Buyer" witnesseth that, if the Buyer shall first make payment and hereinafter mentioned on its part to be made and performed, the Seller hereby covenants and agrees to convey merchantable title to the Buyer by a good and sufficient Municipal Corporate Deed, the lot, pieces, or parcel of ground, situated in the City of Canton, County of Fulton and State of Illinois, described as follows, to-wit: The east 92 feet of the following tract: Forty-six (46) feet and ten (10) inches off the south side of Lot Number Fourteen (14) in Jones' First Addition to the City of Canton, Fulton County, Illinois. The Buyer hereby covenants and agrees to pay to the Seller at the office of the City Clerk, Canton City Building, 2 North Main Street, Canton, Illinois, 61520, the sum of Twelve Thousand Dollars ($12,000.00). Possession to be given upon execution and delivery hereof. Seller shall furnish a commitment for title insurance policy in owner of record at date of conveyance for examination by Buyer not less than thirty (30) days before full payment. Both Seller and Buyer agree that the subject property will be developed in accordance with the downtown redevelopment act as passed by the City Council of the City of Canton, Illinois. The Buyer agrees to construct the proposed building expansion within eighteen months of this agreement. If Buyer fails to complete the expansion project within the said eighteen months, this agreement is null and void and above described real estate herein will be re-conveyed to the City of Canton. Notice shall be given to any party hereto by United States Mail, Certified Mail, return receipt requested, and directed to the following addresses: To Seller: City Clerk, Canton City Building, 2 North Main Street, Canton, Illinois 61520. Any notice given to the Seller shall include an informational copy, mailed as aforesaid, and addressed to the attention of the City Attorney at the above stated address. To Buyer: Todd Fletcher, 22132 North Taylor Road, Canton, Illinois, 61520. 2 OTHER TERMS AND CONDITIONS Both Seller and Buyer covenant and agree that the covenants, terms and conditions of this Agreement shall survive the closing herein contemplated and shall continue to be binding upon each of said parties. Both Seller and Buyer irrevocably covenant and agree that part of the mutual consideration supporting this Agreement is the Buyer's agreement to construct a 86-foot by 40 foot building on said property for the purpose of and insurance business and retail. Construction shall begin in the spring of 2002 and shall be completed within one year of the date construction begins. Both Seller and Buyer agree that the proposed building will consist of a brick facade facing both East Elm Street and First Avenue and will comply with all building codes adopted by the City of Canton, Illinois. In the event that the Buyer has not completed construction of the building on said property at the end of one year from date construction begins, then Seller may, in its sole and exclusive option, declare this Agreement a nullity and enter upon and retake possession of the aforesaid premises without notice to Buyer and without process of law. Both Seller and Buyer both agree that this complies with the downtown redevelopment project as set forth by the Canton City Council. Buyer shall from the date hereof and during the pendency of this Agreement pay all general real estate taxes on the above described premises and pay all special assessments thereon, if any, saving Seller whole land harmless there from. IN WITNESS WHEREOF, Seller and Buyer have executed duplicate originals of this Agreement for Sale of Real Estate as of the date first above mentioned. BUYER: Todd Fletcher SELLER: City of Canton, an Illinois Municipal Corporation By: Todd Fletcher By: Date: Address: 22132 North Taylor Road Canton, IL 61520 Phone: (309) 668-2163 Jerry M. Bohler, Mayor Date: Address: 2 North Main Street Canton, IL 61520 Phone: (309) 647-0065 ATTEST: Nancy Whites, City Clerk (Corporate Seal)