HomeMy WebLinkAboutOrdinance #4359 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
29TH DAY OF AUGUST, 2023 ADOPTED ORDINANCE NO. 4359 , A TRUE AND
CORRECT COPY OF WHICH IS CONTAINED IN THIS PAMPHLET.
GIVEN UNDER MY HAND AND SEAL THIS 29TH DAY OF AUGUST, 2023.
(SEAL)
r
� NDAEA J. SMITH-WALTERS
CITY CLERK
CITY OF CANTON, ILLINOIS
ORDINANCE NO. 4359
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A
REDEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF CANTON,FULTON COUNTY,ILLINOIS
AND
CODY GIEBELHAUSEN
AND
CIVIL DIGITAL DISPLAYS,LLC
(5TH AVENUE PROJECT)
PASSED BY THE CITY COUNCIL
OF THE CITY OF CANTON, FULTON COUNTY,ILLINOIS,
ON THE 29TH DAY OF AUGUST, 2023.
PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE CITY
COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS,
THIS -DAY OF AUGUST, 2023.
EFFECTIVE: AUGUST 29,2023
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ORDINANCE NO. 4359
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
CODY GIEBELHAUSEN
AND
CIVIL 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 Canton, Illinois Business Development District
No. I Redevelopment Agreement by and between the City of Canton and Cody Giebelhausen
and Civil Digital Displays, LLC (the "Developer") 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. A City of Canton, Illinois Business Development District No. 1 (the "Business District")
Redevelopment Agreement with the Developer is hereby approved, subject to the following
conditions being substantially included:
(a) After completion of demolition and a Phase I environmental site assessment("ESA"),
the project site(or"Site"), located at 723, 731, 745, 753, and 761 S. 5th Avenue, Canton,
Illinois (PINS 09-08-35-120-002,09-08-35-120-004,09-08-35-120-006,09-08-35-120-003,
09-08-35-120-005,and 09-08-35-120-020),shall be conveyed to the City for the lesser of
$256,000.00 or the Developer's acquisition price.
(b)The demolition and ESA must be completed within twelve (12) months.
(c) After conveyance to the City,the City and Developer will enter into a twenty(20)year
lease for a portion of the Site(approximately 400 square feet)for purposes of a digital
billboard.
(d) Upon completion of the conveyance to the City, forgivable loan, up to $90,000.00, will
be given to Developer to be forgiven over a period of 20 years.
(e) Developer will be required to make good faith efforts to obtain IDOT approval.
(0 If IDOT does not approve the digital billboard,then the lease will be voided and the
forgivable loan will be forgiven.
(g)The digital billboard shall be subject to the zoning approval.
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 granted the authority to modify the attached redevelopment agreement
prior to its execution by both the Mayor and the Developer provided any such modifications
do not include increasing the amount at the incentives to be provided to the Developer
set forth above.
4. The Business District Redevelopment Agreement shall be effective the date the last of the
parties thereto executes the same.
5. 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 291'day of August, 2023.
MAYOR&ALDERMEN AYE VOTE NAYVOTE ABSTAIN/ABSENT
Angie Lingenfelter
Andra Chamberlin
Patrick Ketcham
Ralph Grimm X
Greg Gossett
Justin Nelson
John Lovell
Angela Hale
Kent A.McDowell, Mayor
TOTAL VOTES
APPROVED: Date _ /_ / 2023
Ma or, City of Canton
ATTEST: Date:_ / _ /2023
ity Clerk, City of Canton
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CITY OF CANTON, ILLINOIS
BUSINESS DEVELOPMENT DISTRICT NO. 1 REDEVELOPMENT
AGREEMENT
by and between
CITY OF CANTON, ILLINOIS
and
CODY GIEBELHAUSEN
and
CIVIC DIGITAL DISPLAYS, LLC
(5TH AVENUE PROJECT)
AUGUST 29, 2023
CITY OF CANTON, ILLINOIS
BUSINESS DEVELOPMENT DISTRICT NO.1
REDEVELOPMENT AGREEMENT
by and between
CITY OF CANTON,ILLINOIS
and
CODY GIEBELHA.USEN
and
CIVIC DIGITAL DISPLAYS,LLC
(FIFTH AVENUE PROJECT)
THIS AGREEMENT (including Exhibits, hereinafter referred to as the "Agreement") is
entered into this 29'' day of August, 2023,by the City of Canton(the "City"), an Illinois Municipal
Corporation, Fulton County, Illinois, and Cody Giebelhausen and Civic Digital Displays, LLC
(collectively, 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 `TDD") 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 devclopment 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 shall acquire real property located'sAntlun the Business District at
723, 731, 745, 753, and 761 S. 5`' Avenue, Canton, Illinois (PINS 09-08-35-120-002, 09-08-35-120-
004, 09-08-35-120-006, 09-08-35-120-003, 09-08-35-120-005, and 09-08-35-120-020) (hereinafter
referred to as "Site 1"and legally described in"Exhibit 4');and
WHEREAS, based in part on incentives made available by the City, the Developer shall
proceed with plans to demolish all of the buildings and other structures Iocated on Site 1 and otherwise
clear Site 1 of all trees,brush and other debris,in order construct and operate a digital billboard located
thereon(the"Project");and
WHEREAS, the Developer's proposed Project is consistent with the land uses of the City
Q �(Y
lv
and the Business District Plan as adopted;and
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 ttue 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 contrarv.
3. The Developer agrees to complete the Project and verify eligible project costs as required in
Section ``E"below within 18 months from the date of execution of this Agreement, subject
to exception of Force IvIajeure as described in Section `T"below.
4. For the purpose of this Agreement, the Developer's Project will be deemed to be complete
,,hen all of the buildings and other structures located on Site 1 are demolished and the
property is cleared of trees,brush,and other debris,the Develoopet has conveyed Site 1 to the
City pursuant to the terms set forth in Section B below,the Developer has verified all of its
costs related to demolition and the Phase I environmental study on Site 1,and has completed
construction of the digital billboard located on Site 1 as set forth in the Site Plan attached
hereto as Exhibit`2
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. Conveyance of Site 1: The Developer agrees to acquire all of the real estate comprising Site
1 as set forth in the Site Plan,and shall immediately thereafter commence demolition of all of
the buildings and structures,and clearing of all trees,shrubs and other debris and foundations
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located thereon, which shall be completed within one (1) year after the execution of this
Agreement. Said demolition and clearing shall include,but not be limited to, the removal of
all foundations,basements,or other supports,as well as the filling in of same with appropriate
fill,followed by grading and seeding of Site 1 thereafter. Upon completion of said demolition
and clearing of Site 1, the Parties agree that the Developer shall convey Site 1 to the Cite
subject to the following:
a. Prior to conveyance to the City, the Developer shall cause a Phase I environmental
study to be undertaken on Site 1 to determine the presence of environmental
contaminants located thereon. The environmental study must show that the presence
of any environmental contaminates are at reasonably acceptable levels prior to the
conveyance of Site 1 from the Developer to the City. The costs for the study shall be
borne by the Developer and will be reimbursed by the City to the Developer pursuant
to the terms set forth in Section B(2) below.
b. The purchase price for Site 1 shall be the lesser of the Developer's cost to purchase
Site 1 or the amount of Two Hundred Fifty-Six Thousand Dollars and No Cents
($256,000.00) (the"Purchase Price' and shall be paid at closing of the sale of Site 1
by the Developer to the City. The Purchase Price shall be payable by the City from
the BDD Tax Allocation Fund. The sales shall further be subject to the Parties
entering into a mutually acceptable purchase agreement for Site 1.
i. The Developer agrees to provide the City with a copy of the Settlement Sheet
or other documentation,as requested by the City,to verify the purchase price
it paid for the Property.
c. As part of the consideration for the conveyance of the Property, the City and the
Developer agree to enter into and execute a lease for a period of twenty (20) years for
the portion of Site 1 upon which the Developer shall construct and operate its digital
message board. The Site Plan depicts the location of the digital billboard on Site 1 and
the portions of Site 1 that shall be leased by the City to the Developer.
i. The Parties agrcc that the lease Payments to be made by the Developer to the
City to the Developer shall be Ten Thousand Dollars ($10,000.00)per year
for Site 1, with the first such payment being due on or before the earlier of-
(1) the date the digital billboard construction is complete, or (2) the date that
is eighteen (18) months from the date of execution of this Agreement, and
such annual payments shall continue to be due on such date of each year
thereafter for the term of the lease.
I Cody Giebelhausen and Jeff Giebelhausen shall be signatories of the lease and
shall jointly and severally guarantee the tenant's obligations and payments due
thereunder.
iii. The lease shall, among other things, contain the following terms and
provisions;
1. The area leased will be approximately 400 square feet (urith the final
legal description to be inserted upon completion of a survey to be
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completed by the Developer)located on the corner of 5'Avenue and
Linn Street,as depicted in Exhibit 2.
2. Upon termination of the lease,absent an extension thereof,the digital
billboard shall be removed from Site 1 at the cost of the Developer
and Site 1 shall be returned to its condition prior to the
commencement of the lease, including removal and filling of any
foundations,and grading and seeding of Site 1.
3. The Developer shall not permit any political advertisements or
messaging on the digital billboard or on Site 1.
4. The Developer shall not permit any foul language, obscene,
derogatory, or discriminatory advertising or language on the digital
billboard or on Site 1.
5. The City shall be permitted to post public notices on the digital
billboard or on the leased portion of Site 1 at no cost,which shall be
posted within at least 48 hours unless emergency requires shorter
notice.
6. The Developer shall keep Site 1 and the digital billboard in a net, tidy,
and well-maintained manner. All grass, trees, bushes/shrubbery, or
flowers shall be kept trimmed and well maintained.
7. The digital billboard shall bear signage substantially to the effect of
"Welcome to Canton" or similar language,which shall be reasonably
approved by the City.
8. The Developer shall be responsible for all property taxes and
assessments associated with the leased portion of Site 1.
9. A breach of the lease,without timely curing,shall cause the remaining
balance of the forgivable loan to be immediately due and payable.
10. The Developer shall be responsible for obtaining and maintaining any
necessary or applicable licenses, permits or other permissions
necessary to operate and maintain the sign during the term of the lease.
11. The Developer shall comply with all applicable laws, regulations, and
ordinances pertaining to the leased property.
12. The Developer shall maintain insurance in an amount satisfactory to
the City on the leased portion of Site 1.
13. The Developer is responsible for insuring any of its structures or
property from theft,loss,casualty, etc.
14. The Developer shall hold the City harmless and indemnify the City
from any damages, injuries, fines, penalties, causes of action, etc.
related to the leased portion of Site 1 and/or the digital billboard.
15. The Developer is responsible for any utility costs associated with the
leased portion of Site 1.
16. The Developer will be responsible for obtaining approvals, permits,
and/or licenses, including but not limited to those required pursuant
to the City's ordinances.
17. The design of the digital billboard shall be subject to approval by the
Mayor prior to construction and submission of any applications or
petitions to the City's Joint Planning and Zoning Commission and/or
the Illinois Department of Transportation.
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2. Reimbursement for Demolition Costs and Phase I Environmental Study: Upon: (1)the
timely completion of the Project, (2)verification of Business District eligible project costs (as
set forth in L'xbibit '1i"attached hereto) related to demolition/clearing and the Phase I
environmental study incurred by the Developer in furtherance of the Project pursuant to
Section "E"below,and(3) conveyance of Site 1 from the Developer to the City pursuant to
Section B(1) above,the City shall provide a forgivable loan to the Developer to reimburse the
Developer for such BDD eligible costs up to an amount not to exceed Ninety Thousand
and 00/100 Dollars ($90,000.00) including the cost of the Phase I environmental study,
payable from the Canton BDD Special Tax Allocation Fund,and subject to the following:
a. The City shall disburse the amount of Ninety Thousand Dollars ($90,000.00) to the
Developer upon: (1) completion of the Project, (2) verification of the Developer's
BDD eligible project costs and Phase I environmental study costs pursuant to Section
E below, and (3) conveyance of Site 1 from the Developer to the City pursuant to
Section B(1)below.
b. The term of the loan shall be for twenty (20) years from the date the Loan funds are
disbursed to the Developer.
c. The interest rate for the loan shall be three percent(3%)per annum and shall begin to
accrue on the date the loan funds are disbursed to the Developer.
d. One-Twentieth (1/20) of the principal amount of the loan plus any accrued interest
thereon shall be forgiven annually by the City commencing on the date that is one year
from the date the loan funds are disbursed to the Developer and continuing on such
date of each year thereafter for the term of the loan provided the Developer has been
at all times in fully compliance with every term of this Agreement including the
following:
i. The Developer shall make timely payments of the lease set forth in Section
B(1) above.
I The Developer shall maintain operation of the digital billboard located on Site
1 for the term of the lease.
iii. The Developer shall not be in violation of the lease or this Agreement.
iv. The Developer does not file for bankruptcy or otherwise become insolvent.
v. The Developer is not in default of any term or condition set forth in this
Agreement or the lease.
e. As signatories to this Agreement, Cody Giebelhausen and Jeff Giebelhausen each
personally guarantee payment of the loan and terms and conditions of this Agreement
set forth herein and shall be jointly and severally liable for payment of the loan and
performance of the terms and obligations of this Agreement in the event of a default
thereof.
3. IDOT Approval Contingency: Within thirty (30) days upon Developer acquiring Site 1,
Developer will commence the survey and,within fourteen (14) days of receipt of the survey,
shall file with the Illinois Department of Transportation to obtain all necessary permissions,
permits, licenses, or other approvals .(collectively "IDOT Approvals' related to the
construction and placement of digital billboard.A copy of any applications,petitions,or other
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related documents submitted to the Illinois Department of Transportation shall be provided
to the City upon filing of same.At no time shall Developer cause any application,petition,or
other similar document for IDOT Approvals to be withdrawn without the City's written
authorization. In the event Developer makes timely,good faith efforts to obtain any and all
necessary IDOT Approvals for the placement and construction of the digital billboard
described herein,and Developer is thereafter denied by IDOT,then the above-described lease
shall terminate and any remaining balance of the forgivable loan set forth in the preceding
Section shall be forgiven.
C. LIMITATION OF INCENTIVES TO DEVELOPER
1. The Developer shall be reimbursed by the City, subject to the limitations of Section `W"
above, from the Business District Tax Allocation Fund, but only up to an amount not to
exceed$90,000.00.Notwithstanding the foregoing,in the event Developer's demolition costs
and Phase I environmental study reasonably exceed $90,000.00, the City agrees to meet in
good faith with Developer to consider whether additional funds should be loaned. However,
the City is not obligated to loan additional funds.
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.
4. The Developer shall make timely and good faith efforts to obtain all necessary permissions,
permits,licenses, or other approvals related to the digital billboard,including but not limited
to those related to the Illinois Department of Transportation. At no time shall Developer
cause any application or petition to be withdrawn without the City's written approval.
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 Projectwithin twelve(12)months from the date of execution of this Agreement.
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.
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2. 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 Requhi oia for PayYvent 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.
3. 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.
4. All Business District Eligible Project Costs which have been approved shall then be paid
pursuant to the terms set forth in Section 'V'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 noun 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 die 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 die 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
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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
within twelve (12) months from the date of execution of this Agreement,,subject to extension due to
Force Nlajeure(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,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, approvals
by the Illinois Department of Transportation 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 `W"
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. SEVERABILITX
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 Parry 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")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:
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TO CITY TO DEVELOPER
City of Canton Cody Giebelhausen/
`/o City Clerk Civic Digital Displays,LLC
2 N.Main Street 1116 Springfield Road
Canton,Illinois 61520 East Peoria.,Illinois 61611
Ph: (309) 647-0065
117itl copy to:
11%ith copy to City BDD Adi,,dnistiaton
Jacob&Klein,Ltd,and
The Economic Development Group,Ltd.
1701 Clearwater Avenue
Bloomington,Illinois 61704
Ph: (309) 664-7777
N. SUCCESSORS IN INTEREST
Subject to the provisions of Section 'Y"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
lead against the City, its officers, resents and employees, in c tcess 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 upon
the final forgiveness of the Loan provided for in Section `B"above. The Agreement shall expire
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sooner upon default by the Developer of this Agreement after applicable notice and cure periods.
S. ILLINOIS PREVAILING WAGE ACT
It is 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 Department'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
"indemnified 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
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 signatories ofDeveloper warrant full authority to both execute
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this Agreement and to bind the entity in which they are signing on behalf of.
3. Counterparts:This Agreement may be executed in counterparts,which when taken together
shall constitute a single signed original as though all Parties had executed the same page.
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 in the Circuit Court of Fulton County,
Illinois.
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11
THIS 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
CIVIC DIGITAL DISPLAYS,LLC
CITY OF CANTON,ILLINOIS,an Illinois
Municipal Corporation BY:
TITLE:m 2)a0.q 6 Q
BY: �
1 ayor AND
A
Date: 1Z3 CODY GIEBELHAUSEN,individually
ATTESTED BY; BY;
Cody Giebelhausen
AND
its Clerk
JEFF GIE N,indi�7dually
Date: Z9—�LI%—Z3 BY;
f iebe �ausen
Date:
EXHIBITS:
Exhibit 1. Estimated BDD Eligible Project Costs
Exhibit 2. Project Site Plan
Exhibit 3. Requisition for Payment of Private Development Redevelopment Costs
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EXHIBIT 1
ESTIMATED BDD ELIGIBLE PROJECT COSTS
CIVIC DIGITAL D1PLAYS,LLC AND CODY GIEBELHAUSEN
Canton BDD No. 1
City of Canton,Fulton County,Illinois-
Project Description: Developer shall acquire Site 1 and proceed with plans to demolish all
of the buildings and structures located thereon, clear all trees, shrubs,
and other debris, convey Site 1 to the City, and subsequently lease a
portion of Site 1 fiom the City in order to construct and operate a
digital billboard located thereon as set forth in the Site Plan attached
to the Agreement as Exhibit"2".
Site 1 Location: 723,731,745, 753,and 761 S. 5`h Ave., Canton,Illinois
Site 1 Parcel Numbers: PINs 09-08-35-120-002, 09-08-35-120-003, 09-08-35-120-004, 09-
08-35-120-005,09-08-35-120-006,and 09-08-35-120-020
Estimated BDD Eligible Project Costs:
Demolition/Clearing of Property...................................................................................................$85,000.00
PhaseI Environmental Study...........................................................................................................$5,000.00
Total Estimated BDD Eligible Project Costs' .................................................... 0 0 0
' NOTE: The total,cumulative reimbursement of BDD Funds for BDD Eligible Project Costs payable by die City to the Developer
shall not exceed$75,000.00,as set forth in this Redevelopment Agreement. Reimbursement of the Developer's cost for demolition
and clearing of the property is limited to$75,000.00. Reimbursement of the Developer's cost for the Phase I Environmental Study is
limited to$5,000.00. Professional Fees shall specificatly exclude any project management fees and any fees charged by the
Developei or any affiliate of the develover.
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EXHIBIT 2
PROJECT SITE PLAN FOR SITE 1
(See following pages as attached)
14
Site 1 to be - - -------- ..
acquired
Billboard final
location subject
to survey ; a
it
t�tg� M
Yc
�1
;r; .
i.E.. ,An:.• _ ,Ate. � -
EXHIBIT 3
CITY OF CANTON,ILLINOIS
CANTON BUSINESS DEVELOPMENT DISTRICT(BDD)NO.1
PRIVATE PROJECT REQUEST FOR
VERIFICATION OF BDD ELIGIBLE PROJECT COSTS
by
CODY GIEBELHAUSEN and CIVIC DIGITAL DISPLAYS,I.LC
Date
Attention:City BDD Administrator,City of Canton,Illinois
Re: BDD Redevelopment Agreement,dated August 29,2023
by and between the City of Canton,Illinois,and Civic Digital Displays,LLC(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 tlris Request for Reimbursement. The terns used in this
Request for Reimbursement shall have the meanings given to those terms in the Redevelopment Agreement.
1. REQUEST FOR REMMURSEDJENT NO.
❑ This is the final request for verification of BDD eligible project costs (Developer initials)
2. REIIbIBURSENIENT PAYABLE TO: Civic Digital Displays I I C
3. AMOUNTS REQUESTED TO BE DISBURSED:
Description of BDD Eligible Project Cost Amount
Total
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"I"of the
Redevelopment Agreement.
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5. The undersigned certifies that:
@ 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
(u) 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
CE) the expenditures for which amounts are requested represent proper Redevelopment Project Costs
as identified in the `Elivitatiou of brew ims 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 Developers books and are set forth with invoices attached for
all sums for which reimbursement is requested,and proof of payment of the invoices;and
Civ) 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`I"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: DATE:
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IV,
EXHIBIT 4
LEGAL DESCRIPTIONS FOR SITE I
Parcel 1
Lot Number 19 in Fisher's Addition to the City of Canton,County of Fulton and State of Illinois.
Commonly known as 723 S.5th Avenue,Canton,IL 61520
PIN:09-08-35-120-002
Parcel 2:
Lot Number 20 in Fisher's Addition to the City of Canton,situated in Fulton County,Illinois.
Commonly known as 731 S.5th Avenue,Canton,IL 61520
PIN:09-08-35-120-003
Parcel 3:
Lot 21 in Fisher's Addition to Canton,Fulton County,Illinois.
Commonly known as 745 S.5th Avenue,Canton,IL 61520
PIN:09-08-35-120-004
Parcel 4:
TRACT 1:
Lot 22 in Fisher's Addition to the City of Canton,County of Fulton and State of Illinois.
TRACT 2:
Lot 23 in Fisher's Addition to the City of Canton,County of Fulton and State of Illinois.
TRACT 3:
A part of the Northwest Quarter of Section 35,Township 7 North,Range 4 East of the Fourth Principal Meridian,Fulton
County,State of Illinois,described in detail as follows:
Beginning at a found iron pin,said pin being the Northeast corner of Lot 24 in Fisher's Addition in the City of Canton,Illinois,
and being recorded in Plat Book 2,page 31,at the Fulton County Recorder's Office and being 73.61 feet normally distant
northerly of the centerline of FAP 689 IL Rte 9;thence South 01 degrees 12 minutes 40 seconds West along the East line of said
Lot 24,a distance of 30.46 feet to a set iron pin with cap,said point being on the proposed right of way line and being 43.16 feet
normally distant northerly of said centerline;thence South 89 degrees 54 minutes 26 seconds West along said proposed right of
way line,75.06 feet to a found iron pin,said iron pin being 43.06 feet normally distant northerly from said centerline;thence
North 01 degrees 15 minutes 43 seconds East along said proposed right of way line 30.46 feet to a found iron pin,said iron pin
being on the North line of said Lot 24 and being 73.51 feet normally distant northerly from said centerline;thence North 89
degrees 54 minutes 26 seconds East along the said North line,75.04 feet to the point of beginning.
Commonly known as 753 S.5th Avenue,Canton,IL 61520
PINS:09-08-35-120-005;09-08-35-120-006;09-08-35-120-020
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