HomeMy WebLinkAboutOrdinance #4525 - Redevelopment Agreement with Cody Giebelhausen and Civic Digital Displays (5th Avenue Project) 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 171"DAY OF FEBRUARY,2026 ADOPTED ORDINANCE NO. 4525 A TRUE
AND CORRECT COPY OF WHICH IS CONTAINED IN THIS PAMPHLET.
GIVEN UNDER MY HAND AND SEAL THIS 171"DAY OF FEBRUARY,2026.
(SEAL)
DREA J.S ITH-WALTERS
ITY CLERK
CITY OF CANTON, ILLINOIS
ORDINANCE NO. 4525
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION
OF THE FIRST AMENDMENT TO
BUSINESS DEVELOPMENT DISTRICT (BDD)NO. 1
REDEVELOPMENT AGREEMENT
by and between
THE CITY OF CANTON,FULTON COUNTY, ILLINOIS
and
CODY GIEBEL1 AUSEN
and
CIVIC DIGITAL DISPLAYS,LLC
(5TH AVENUE PROJECT)
PASSED BY THE CITY COUNCIL
OF THE CITY OF CANTON,FULTON COUNTY,ILLINOIS,
ON THE 17"" DAY OF FEBRUARY, 2026.
PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE CITY
COUNCIL OF THE CITY OF CANTON,FULTON COUNTY,ILLINOIS,
THIS 17"' DAY OF FEBRUARY, 2026.
EFFECTIVE: FEBRUARY 17,2026
ORDINANCE NO. 4525
CITY OF CANTON, ILLINOIS
AN ORDINANCE APPROVING AND AUTHORIZING
THE EXECUTION OF THE FIRST AMENDMENT TO A
BUSINESS DEVELOPMENT DISTRICT (BDD) NO. 1
REDEVELOPMENT AGREEMENT
by and between
THE CITY OF CANTON
and
CODY GIEBELHAUSEN
and
CIVIC DIGITAL DISPLAYS,LLC
(5TH AVENUE PROJECT)
WHEREAS, the Mayor and City Council of the City of Canton, Fulton County, Illinois (the
"City"),have hereby determined that the First Amendment to a BDD Redevelopment Agreement by
and between the City of Canton and Cody Giebelhausen and Civic Digital Displays, LLC
(collectively 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 First Amendment to City of Canton BDD 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 Redevelopment Agreement and the City Clerk of the City of Canton is hereby authorized
and directed to attest such execution.
3. The Redevelopment Agreement shall be effective the date of its approval on the 17`h day of
February, 2026.
4. 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.)
ii
PASSED APPROVED AND ADOPTED by the Mayor and City Council of the City of
Canton this 17' day of February,2026.
MAYOR&ALDERMEN AYE VOTE NAY VOTE ABSTAIN/ABSENT
x
David Pickel
x
Andra Chamberlin
x
Patrick Ketchum
X
Ralph Grimm
x
Greg Gossett
x
Justin Nelson
x
John Lovell
x
Angela Hale
x
Kent A.McDowell,Mayor
8
TOTAL VOTES
APPROVED: Date 02- 2026
Kent A. McDowell, ayor,City of Canton
ATTEST: Date:&Z_/ J 9 / 2026
drea J. Smi -Walters,City Clerk,City of Canton
ATTACHMENT:
1. EXHIBIT A. First Amendment to BDD Redevelopment Agreement by and between the
City of Canton and Cody Giebelhausen and Civic Digital Displays,LLC (5'h Ave.Project).
iii
EXHIBIT A.
CITY OF CANTON, ILLINOIS
FIRST AMENDMENT TO A
BUSINESS DEVELOPMENT DISTRICT (BDD) NO. 1
REDEVELOPMENT AGREEMENT
by and between
CITY OF CANTON, ILLINOIS
and
CODY GIEBELHAUSEN
and
CIVIC DIGITAL DISPLAYS,LLC
(5TH AVENUE PROJECT)
THIS FIRST AMENDMENT (including Exhibits, hereinafter referred to as the
"Agreement as amended") is entered into this 17'day of February,2026,by and between the City of
Canton (the "City"), an Illinois Municipal Corporation, Fulton County, Illinois, and Cody
Giebelhausen, individually, and Civic Digital Displays, LLC, an Illinois Limited Liability
Company (collectively the "Developer'. Hereinafter the City and the Developer, for convenience,
may collectively be referred to as the"Parties."
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 has acquired title to real property from the City located within
the Business District at 723, 731, 745,753, and 761 S. 5'b Avenue,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 demolish all of the buildings and structures located Property and construct and operate
a digital billboard located thereon (the"Project");and
1
WHEREAS, pursuant to the BDD 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, on August 29, 2023, the City and the Developer entered into a certain
Redevelopment Agreement(the"Original Agreement"or"Redevelopment Agreement")with respect
to the Project located on the Property; and
WHEREAS, the Parties hereby agree to Amend the Redevelopment Agreement as set forth
below.
AMENDMENT
NOW, THEREFORE, for good and valuable consideration, the receipt of which is
acknowledged, the Parties agree as follows:
A. AMENDMENT TO SECTION "A. PRELIMINARY STATEMENTS"
Section A(3) of the Redevelopment Agreement shall be deleted in its entirety and replaced with the
following:
1. The Developer agrees to complete the Project and verify eligible project costs as required in
Section "E"below within six (6) months of the IDOT Approvals set forth in Section B(3)
below but in no event later than December 2, 2026, subject to exception of Force Majeure as
described in Section "I"of this Agreement as herein amended.
B.AMENDMENT TO SECTION "B. INCENTIVES"
Section B(1)(c)(i)of the Redevelopment Agreement shall be deleted in its entirety and replaced with the
following:
i. The Parties agree that the lease payments to be made by the Developer to the City
shall be Ten Thousand Dollars ($10,000.00) per year for Site 1, with the first such
payment being due on or before the date the digital billboard construction is complete
and such annual payments shall continue to be due on such date of each year thereafter
for the term of the lease.
C. AMENDMENT TO
SECTION"E. PAYMENT OF ELIGIBLE PROJECT COSTS"
Section E(1) of the Redevelopment Agreement shall be deleted in its entirety and replaced with the
following:
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 by December 2, 2026. Satisfactory evidence of such cots shall include
verified bills or statements of suppliers,contractors,or professionals together with mechanics'
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
2
other proofs of payment for such bills, statements,or invoices for such costs.
D. AMENDMENT TO SECTION I. TIME; FORCE MAJEURE
Section D of the Redevelopment Agreement is hereby replaced in its entirety with the following:
For this Agreement, time is of the essence. The Developer agrees to complete the
Project within six (6) months of the IDOT Approvals, but in no event later than
December 2,2026,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 to be 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,
inability to procure materials, weather conditions, wet soil conditions, failure or
interruptions of power, restrictive governmental laws or 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.
E. PRIOR AGREEMENT TERMS APPLY
All terms of the Redevelopment Agreement and any Exhibits attached thereto shall apply to this First
Amendment and remain effective unless specifically modified by this First Amendment to the
Redevelopment Agreement.
(The remainder of this page u intentionally left blank.)
3
THIS FIRST AMENDMENT TO THE REDEVELOPMENT AGREEMENT IS INTENDED TO
BE A LEGAL DOCUMENT.AN ATTORNEY AT LAW SHOULD BE CONSULTED PRIOR TO
THE EXECUTION OF THIS DOCUMENT.
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
CITY OF CANTON, ILLINOIS,an Illinois CODY GIEB N,individually
Municipal Corporation
BY: ``
Cody ebelhausen
BY: -{� /
Mayor I Zl{Date: 20 ! Date:
ATTESTED BY: CIVIC DIGITAL DISPLAYS, an Illinois
Limited Liability CoMpany
Ity Clerk
BY: G�
Date: �
NAME: � e �a.;IQ n
TITLE:
Date: `2
4