HomeMy WebLinkAboutOrdinance #3067 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 l7TH DAY OF
JUNE,2014 ADOPTED ORDINANCE NO.3067,A TRUE AND CORRECT COPY OF WHICH
IS CONTAINED IN THIS PAMPHLET.
GIVEN UNDER MY HAND AND SEAL THIS 17T" DAY OF JUNE, 2014.
(SEAL)
f�
D NA PA EY-ROCK
CITY CLERK
,
CITY OF CANTON, ILLINOIS
ORDINANCE NO. 3067
AN ORDINANCE APPROVING AND AUTHORIZING
FIRST AMENDMENT AND RENEWAL OF
A PROFESSIONAL SERVICES AGREEMENT PROVIDING FOR THE
ANNUAL ADMINISTRATION OF
CANTON 2 - RT. 9/CHESTNUT STREET TIF DISTRICT
by and between
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 17TH DAY OF JUNE,2014
,
ORDINANCE NO. 3067
AN ORDINANCE APPROVING AND AUTHORIZING
FIRST AMENDMENT AND RENEWAL OF
A PROFESSIONAL SERVICES AGREEMENT PROVIDING FOR THE
ANNUAL ADMINISTRATION OF
CANTON 2- RT. 9/CHESTNUT STREET TIF DISTRICT
by and between
CITY OF CANTON, FULTON, COUNTY, ILLINOIS
and
JACOB & KLEIN, LTD.
and
THE ECONOMIC DEVELOPMENT GROUP, LTD.
PREAMBLE
WHEREAS, on August 3, 2010 the Ciry approved a Professional Services Agreement by
Ordinance 2012 and engaged the professional services of J&K to render legal advice and EDG to render
technical advice to assist the Ciry in Establishing and Annually Administering a Tax Increment
Financing(TIF) Redevelopment Plan,Area and Projects for the proposed Canton 2 - Rt. 9/Chestnut
Street TIF District; and
WHEREAS,on f�ebruary 6,2012 the City established a Tax Increment Financing(TIf�)District
within the Ciry of Canton pursuant to the Tax Increment Allocation Redevelopment Act(the "Act"),
65 ILCS 5/11-74.4-1 et .req. known as "CANTON 2 - RT. 9/CHESTNUT STREET TIF
DISTRICT" (the "TIF District");and
WHEREAS,on March 19,2013 the Ciry approved the First Amendment to the Canton 2-Rt.
9/Chestnut Street TIF District Plan,Area and Projects within the Ciry of Canton pursuant to the Tax
Increment Allocation Redevelopment Act (the "Act"), 65 ILCS 5/11-74.4-1 et.req.; and
WHEREAS,the term of the said August 3,2010 Professional Services Agreement included the
preparation and filing of the FY2011,FY2012 and FY2013 Annual TIF Reports; and
WHEREAS,the City now desires to extend and renew the August 3,2010 Professional Services
Agreement for an additional three(3)years commencing with the preparation and filing of the FY2014
Annual TIF Report.
THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF CANTON THAT:
1) The Amended and Renewed Professional Services Agreement by and between the City of
Canton and Jacob&Klein,Ltd.and The Economic Development Group,Ltd.attached hereto
as Exhtbit A is hereby approved.
Page 2 of 4
2) The Mayor is hereby authorized and directed to enter into and execute on behalf of the Ciry said
Amended and Renewed Professional Services Agreement and the City Clerk of the City of
Canton is hereby authorized and directed to attest such execution.
3) The Amended and Renewed Professional Services Agreement shall be effective on the date of
its approval.
4) This Ordinance shall be in full force and effect from and after its passage and approval as
required by law.
PASSED,APPROVED AND ADOPTED by the Mayor and City Council of the City of Canton this
17`''day of June,2014.
COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
Alderman Justin Nelson X
Alderman Lovell X
Alderman West X
Alderman Pickel X
Alderman Jim Nelson X
Alderman Putrich X
Alderman Ellis X
TOTALS: 5 0 1 1
APPROVED:
� �
�
Hon. ef�rey Fr z, ayor, City of Canton
TTES :
. Diana avely- ock, City Clerk,City of Canton
EXHIBIT A ATTACHED: Amended and Renewed Professional Services r,greement
Pa�e3of�4
EXHIBIT A
AMENDED AND RENEWED
PROFESSIONAL SERVICES AGREEMENT
PAge 4 of 4
PROFESSIONAL SERVICES AGREEMENT
for the
FIRST AMENDMENT AND RENEWAL OF
A PROFESSIONAL SERVICES AGREEMENT PROVIDING FOR THE
ANNUAL ADMINISTRATION OF
CANTON 2 - RT. 9/CHESTNUT STREET TIF DISTRICT
by and between
JACOB & KLEIN, LTD.AND
THE ECONOMIC DEVELOPMENT GROUP, LTD.
and
THE CITY OF CANTON, ILLINOIS
JUNE 2014
PROFESSIONAL SERVICES AGREEMENT
for the
FIRST AMENDMENT AND RENEWAL OF
A PROFESSIONAL SERVICES AGREEMENT PROVIDING FOR THE
ANNUAL ADMINISTRATION OF
CANTON 2- RT. 9/CHESTNUT STREET TIF DISTRICT
by and between
JACOB & KLEIN, LTD.AND
THE ECONOMIC DEVELOPMENT GROUP, LTD.
and
THE CITY OF CANTON, ILLINOIS
THIS AGREEMENT is entered into this 17`''day of June,2014,by and between the CITY OF
CANTON, ILLINOIS ("CITY"); and JACOB & KLEIN, LTD., Bloomington, Illinois ("J&K");
and THE ECONOMIC DEVELOPMENT GROUP, LTD.,Bloomington, Illinois ("EDG").
WHEREAS,on August 3,2010 the City approved a Professional Services Agreement by Ordinance
2012 and engaged the professional services of J&K to render legal advice and EDG to render technical
advice to assist the City in Establishing and Annually Administering a Tax Increment Financing(TIF)
Redevelopment Plan,Area and Projects for the proposed Canton 2-Rt.9/Chestnut Street TIF District;
and
WHEREAS, on February 6,2012 the City established a Tax Increment Financing (TIF) District
within the Ciry of Canton pursuant to the Tax Increment Allocation Redevelopment Act (the "Act"),
65 ILCS 5/11-74.4-1 et .req. known as "CANTON 2 - RT. 9/CHESTNUT STREET TIF
DISTRICT" (the "TIF District"); and
WHEREAS, on March 19, 2013 the City approved the First Amendment to the Canton 2 - Rt.
9/Chestnut Street TIF District Plan,Area and Projects within the Ciry of Canton pursuant to the Tax
Increment Allocation Redevelopment Act (the "Act"), 6� ILCS 5/11-74.4-1 et.req.; and
WHEREAS,the said legal and technical advice provided to the City by J&K and EDG for annual
administrative services included the services provided in Exhi6it 2 of the original Professional Services
Agreement and as attached hereto as Exhibit A;and
WHEREAS, the term of the said r�ugust 3, 2010 Professional Services Agreement included the
preparation and filing of the FY2011,FZ'2012 and FY2013 Annual TIF Reports; and
WHEREAS, the Ciry now desires to extend and renew the August 3,2010 Professional Services
Canton 2-Rt. 9/Che.rtnut Street Tax Incremertt Financrng(I`IF)Di�•trict Page 9 of 5
Prafe.rsional Service.r Agreement
Agreement for an addiuonal three(3)years commencing with the preparation and filing of the FY3014
Annual TIF Report.
NOW,THEREFORE, 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.
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.
B. ANNUAL ADMINISTRATION OF TIF DISTRICT
1. The Parties hereby agree to renew the August 3, 2010 Professional Services Agreement by and
between the City of Canton and Jacob & Klein, Ltd. and The Economic Development Group,
Ltd.
2. Pursuant to Section 3 of the August 3,2010 Professional Services Agreement, the Parries hereby
amend Section 2.2-2 and Section 2.2-3(C)(ii)of said Agreement as follows:
a) 2.2-2 Term. The term of the Annual Administrative Services provided in this Agreement
(Exhibit A) shall be for three (3) years (Fiscal Years 2014, 2015 and 2016) and shall
commence with the preparation and filing of the Fiscal Year 2014 Annual TIF Report.
Thereafter, this Agreement shall automatically renew at the end of each three-year period
during the life of the District as a roll-over, for a new period of three years,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 one (1) year prior to the end of each contract period. Upon receiving written notice of
non-renewal,J&K and EDG is to provide to the City a final invoice for professional fees and
costs incurred as of the date of the termination.
b) 2.2-3(C )(ii): During the course of providing administrative services,J&K and EDG will
enlist the aid of their Staff for additional support services in order to properly perform the
duties and obligations required under this Agreement. The cost to J&K and EDG for said
services shall be charged to the City on a cost-reimbursement basis at customary rates charged
by J&K and EDG. For purposes of this Agreement,Staff Costs do not relate to the time of
Canton 2-Rt. 9/Che.rtnut Street Ta�c Incremertt Financzng(I7F)Di�trict Page 2 of S
Profe.rsional Service.r Agreement
J&K Attorneys Thomas N.Jacob, Herb Klein, and Nic Nelson, or tune incurred by Steven
Kline (EDG)while performing said professional services described in ExhibitA. The total
Annual Administrative Costs relating to Staff Costs shall not annually exceed One Thousand
Five Hundred Dollars ($1,500) without consent of the City in advance of such additional
services being performed.
C. PRIOR AGREEMENT TERMS APPLY
The terms of the August 3,2010 Professional Services Agreement as it relates to services provided
to the City by J&K and EDG for the Annual Administration of the Canton 2-Rt. 9/Che.rtnut Street TIF
District shall apply to this Amendment unless specifically modified herein.
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 Corp.:
2 North Main Street 1701 Clearwater r'�venue
Canton, Illinois 61520 Bloomington,IL 61704
Phone: (309) 647-0065 Phone: (309) 664-7777
Fax: (309) 647-0065 Fax: 309 664-7878
By:� By . �
May Chairman
Attest: (�C THE ECONOMIC DEVELOPMENT
Ciry Clerk GROUP, LTD., an Illinois Corporation:
1701 Clearwater r'lvenue
Bloomington, IL 61704
Phone: (309) 664-7777
Fax: (309) 664-7878
l
.
By: _ �,,,,
President
I I At-AN'i t)��.�:;W'�ON'.I;l h(:lirnnni•i,A�;mcmcui- I',1'�.]f�l� t,-nv.cil��.�`;:A I+_��n��«il,_(�.anir,n:',Hr.'J'I'll�, ��-lunc:'I�I�J.�opJ
Canton 2-At. 9/Che.rtnut Street Tax Inc�-emertt Financzng�I7F)Die•trict Page 3 of 5
Profe.r.rianal Seruic•e.r Agreement
EXHIBIT A
ANNUAL ADMINISTRATION OF CANTON RT. 9 TIF DISTRICT
Services to be provided to the City by J&K and EDG relating to the Annual Administration of
Canton 2 - Rt. 9/Chestnut Street TIF District are set forth as follows:
1. Provide the City with on-call legal and consulting services on matters relating to the TIF
District as needed.
2. Consult with and coordinate administrative activities with Ciry's Administrator, Ciry Clerk,
CPA,Mayor and other officials as required.
3. Track and monitor the growth of annual Real Estate and Sales Tax (if appropriate) Increments
within the TIF District.
4. Negotiate terms of TIF Reimbursements and prepare Redevelopment Agreements with
Developers.
5. Consult with Developers regarding TIF Redevelopment Agreements and Reimbursements.
6. Communicate with Developers and the Counry Supervisor of Assessments to review
improvements,paid tax bills and changes in Equalized Assessed Valuations.
7. Advise City on matters relating to Developer Reimbursements(e.g,verify paid property tax bills
and eligible project costs, and advise the municipality to make payments).
8. Provide City with a Requisition/Payment Approval process.
9. Advise City on matters relating to payments to other ta�cing bodies under Intergovernmental
Agreements.
10. Prepare TIF District Annual Reports for submission to City and other taxing districts.
11. Prepare, certify, and submit Annual TIF District Reports to the Office of the Illinois
Comptroller.
12. Provide legal opinion (]&K) on matters relating to Annual Reports to State Comptroller as
Canton 2-Rt. 9/Cl�e.rtnut Street Ta.x Increment Financzng(TIF)Di3•trict Page 4 of 5
. �
Professional Seruice.r Agreement
required by the TIF Act.
13. Conduct City's Annual Joint Review Board Meetings with Ta�ng Bodies as required by the TIF
Act.
14. Work with the School District(s) to determine and analyze potential financial impacts,evaluate
alternative approaches for assisting the school district and prepare necessary Intergovernmental
Agreements.
15. Prepare TIF Increment Projections for City and Reimbursement Estimates for Developers.
16. Analyze the potential use of TIF Revenue Bonds, Developer Notes and other financing
alternatives. Arrange for Bond Counsel when required by City or Developer. All professional
services related to the issuance of Bonds will be additional,subject to separate agreements and
billed at the then applicable rates.
Canton 2-Kt. 9/Che.rtnut Street Tax In�remerrt Financ7ng(lIF)Di��trict 1'age S of 5