HomeMy WebLinkAboutOrdinance #4360 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. 4360 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)
' G
REA J. MITH-WALTERS
r
Y CLERK
CITY OF CANTON, ILLINOIS
ORDINANCE NO. 4360
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
(MAIN STREET PROJECT)
PASSED BY THE CITY COUNCIL
OF THE CITY OF CANTON,FULTON COUNTY,ILLINOIS,
ON THE 29m DAY OF AUGUST, 2023.
PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE CITY
COUNCIL OF THE CITY OF CANTON,FULTON COUNTY,ILLINOIS,
THIS 29TH DAY OF AUGUST, 2023.
EFFECTIVE: AUGUST 29,2023
2
ORDINANCE NO. 4360
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
(MAIN STREET 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. 1
Redevelopment Agreement by and between the City of Canton and Cody Giebelhausen and Civil
Digital Displays,ILC (the"Developer") attached hereto as Exhibit', "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 ' "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 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 of the incentives to be provided to the Developer
thereunder.
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.
3
PASSED APPROVED AND ADOPTED by the Mayor and City Council of the City of
Canton this 291h day of August, 2023.
MAYOR&ALDERMEN AYE VOTE NAYVOTE ABSTAIN/ABSENT
Angie Lingenfelter
Andra Chamberlin
Patrick Ketcham
Ralph Grimm
Greg Gossett
Justin Nelson
John Lovell
Angela Hale
Kent A.McDowell,Mayor
TOTAL VOTES 7
APPROVED: , Date _ / _ /2023
M yor,City of Canton
ATTEST:- Date: /2023
Kit4yaClerk, 6ty of Canton
4
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
(MAIN STREET PROJECT)
AUGUST 29, 2023
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
(MAIN STREET PROJECT)
THIS AGREEMENT (including Exhibits, hereinafter referred to as the "Agreement's is
entered into this 291 day of August,2023,by the City of Canton (the "City'D, an Illinois Municipal
Corporation, Fulton County, Illinois, and Cody Giebelhausen and Civic Digital Displays, LLC
(collectively, the"Developer'D.
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'D, 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 shall acquire real property located within the Business District at
212 N.Main Street,Canton,Illinois(PINS 09-08-207-405-015) (hereinafter referred to as"Site 2"and
legally described in"Exhibit 4'D;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 located on Site 2 and otherwise
cleat Site 2 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
and the Business District Plan as adopted;and
2
i
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 verif T eligible project costs as required in
Section "E"below within 12 months (unless otherwise pro,.ided below) from the date of
execution of this Agreement, subject to exception of Force 1Viajeure as described in Section
"I"below.
4. For the purpose of this Agreement, the Developer's Project will be deemed to be complete
when all of the buildings and other structures located on Site 2 are demolished, and the
property is cleared of trees,brush,and other debris;the Developer has verified all of its costs
related to land acquisition,demolition and clearing on Site 2,and has completed construction
of the digital billboard located on Site 2 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. Loan for Land Agqusstion and Demolition: At the closing on the purchase of Site 2 by
Developer,which shall occur within sixty (60) days of the execution of this Agreement, the
City will loan Developer One Hundred Seventy-Five Thousand and No/100 Dollars
($175,000.00), payable from the Canton BDD Special Tax Allocation Fund, to be used for
3
land acquisition and demolition of all of the buildings and structures,and clearing of all trees,
shrubs and other debris (the "Loan'. 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 2 thereafter.All said
demolition and clearing shall occur on or before December 31,2023.On or before December
31,2023,Developer shall provide verification of Business District eligible project costs(as set
forth in Exhibit "?"attached hereto) related to land acquisition and demolition/clearing
incurred by the Developer in furtherance of the Project pursuant to Section 'Ell below. In
the event the loan proceeds exceed the Business District eligible project costs incurred by the
Developer and verified pursuant to Section E below, then the amount of said loan proceeds
not used to pay for Business District eligible project costs shall be paid towards the principal
and interest on the Loan on or before December 31;2023.
2. Additional Terms and Conditions for Loan:
a. The City shall disburse the amount of One Hundred Sixty-Five Thousand Dollars
($175,000.00) to the Developer only upon execution of a secured promissory note and
mortgage (in forms acceptable to the City) at the time of closing on the purchase of
Site 2 by Developer;which must occur within sixty (60) days of the execution of this
Agreement.
b. The above-described mortgage shall secure both Developer's obligations under the
secured promissory note and those contained in this Agreement.
c. The term of the loan shall be for twenty (20) years from the date the Loan funds are
disbursed to the Developer.
d. 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.
e. The loan shall be paid in monthly installments of principal and accrued interest in the
amount of Nine Hundred Seventy and 55/100 Dollars ($970.55), beginning on the
first day of the month following the closing of Dcvcloper's acquisition.of Sitc 2 and
due on the first (P) day of each month thereafter until the principal and all accrued
interest is paid in full.The entire unpaid principal balance,together with any accrued
interest and other unpaid charges or fees hereunder, shall be due and payable on the
date that is twenty years from the date the loan funds are disbursed to the Developer
(the"Maturity Date'.
f. Within thirty(30) days after acquiring Site 2, the Developer 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 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.
g. Until the Maturity Date:
4
i. The Developer shall maintain operation of the digital billboard located on Site
2.
I The Developer shall not file for bankruptcy or otherwise become insolvent.
iii. The Developer shall not be in default of any term or condition set forth in this
Agreement.
iv. The Developer shall comply with the following conditions:
1. The Developer shall not permit any political advertisements or
messaging on the digital billboard or on Site 2.
2. The Developer shall not permit any foul language, obscene,
derogatory, or discriminatory advertising or language on the digital
billboard or on Site 2.
3. The City shall be permitted to post public notices on the digital
billboard or on Site.2 at no cost,which shall be posted within at least
48 hours unless emergency requires shorter notice.
4. The Developer shall keep Site 2 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.
3. 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.
6. The Developer shall be responsible for all property taxes and
assessments associated with Site 2.
7. 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.
8. The Developer shall comply with all applicable laws, regulations, and
ordinances pertaining digital billboard.
9. The Developer shall be responsible for insuring any of its structures
or property from theft,loss,casualty,etc.
10. The Developer shall hold the City ham-iless and indemnify the City
from any damages, injuries, fines, penalties, causes of action, etc.
related to Site 2 and/or the digital billboard.
11. The Developer shall be responsible for any utility costs associated-with
the Site 2.
12. 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.
13. 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.
h. 1n the event Developer fails to timely perform its obligations under this Agreement,
the above-described promissory note,or the mortgage,then the entire unpaid balance
of principal and interests shall be accelerated become immediately due and payable.
i. As signatories to this Agreement, Cody Giebelhausen and Jeff Giebelhausen each
personally guarantee payment of the loan and terms and conditions of this Agreement
5
set forth herein and shall be jointly and severally liable for payment of the Loan and
performance of the terms and conditions of this Agreement in the event of a default
thereof.
C. LIMITATION OF INCENTIVES TO DEVELOPER
1. The Developer shall be loaned funds 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$175,000.00.
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 'W" above, the Developer must submit
documentation evidencing all Business District Eligible Project Costs incurred by it with
respect to the Project by December 31,2023.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, settlement statements, or invoices for such
costs.
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 Requicitiort for Payment qf
Ptit)ate Detvlopive&Rederelopwew Costs (the "Requisition's attached hereto as Exhibit 'U"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
Rrith 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
6
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 terns 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, not shall the City be obligated to make payments to any contractor, subcontractor,
mechanic,or materialriman 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 Part)Os 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 dic
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 MA JEURE
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 1C,Iajeure (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 tunely 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,
7
PP
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,�vandng 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 CH)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 (in) the nest business day if sent
overnight delivery using a nationally recognized dclivery service,addressed as follows;
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
with copy to.
with copy to Cit i BDD Adminishwtoy:
Jacob&Klein,Ltd.and
The Economic Development Group,I.td.
1701 Clearwater Avenue
Bloomington,Illinois 61704
8
Ph: (309) 664-7777
N. SUCCESSORS IN INTEREST
Subject to the provisions of Section 'J"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 Agrcement to the contrary,this Agreement shall expire upon
full payment of the loan set forth 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
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 II.CS 130/0.01 et seq.), the Illinois Procurement Code,
lSeeonline: ttt c://lahorillinoisgne/Rqs/preciilinz-n-.igg-f�ghrtnl#fiia1G,irei�miectsfundedthrousghriFnazncinicoi-crcdhyteiainq
9
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 w7th 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 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 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.
10
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:
I /BY: LyJ�( TITL4 nw-L
�V"�
Mayor AND
Date: 2 z�Z3 CODY GIERELHAUSEN,individually
ATTESTED BY. BY: �✓
ody Giebelhausen
AND
ity Clerk
JEFF GIEBELHAITSEN,in idually
Date: Z 9— ! Z .3 BY:
Je Gi belhausen
Date:
EXHIBITS!
Exhibit 1. Estimated BDD Eligible Project Costs
Exhibit 2.Project Site Plan
Exhibit 3. Requisition for Payment of Private Development Redevelopment Costs
11
EXHIBIT 1
ESTIMATED BDD ELIGIBLE PROJECT COSTS
CIVIC DIGITAL DIPLAYS,LLC AND CODY GIEBELHAUSEN
Canton BDD No. 1
City of Canton,Fulton County,Illinois
Project Description: Developer shall acquire Site 2 and proceed with plans to demolish all
of the buildings and structures located thereon, clear all trees, shrubs,
and other debris,in order to construct and operate a digital billboard
located thereon as set forth in the Site Plan attached to the Agreement
as Exhibit"227
.
Site 2 Location: 212 N. Main Street, Canton,Illinois
Site 2 Parcel Numbers: 09-08-207-405-015
Estimated BDD Eligible Project Costs:
Demolition/Clearing of Property...................................................................................................$50,000.00
LandAcquisition.............................................................................................................................$125,000.00
Total Estimated BDD Eligible Project Costsl ..................................................�Z !
1 NOTE: The total,cumulative reimbursement of BDD Funds for BDD Eligible Project Costs payable by the City to the Developer
shall not exceed$175,000.00,as set forth in this Redevelopment Agreement. Professional Fees shall specifically exclude any
proiect management fees and any fees charged by the Developer or any affiliate of the developer.
12
'•a
71
-
1
XMI
5µt
-
t:.*-} ; Site 2 to be acquired
Billboard final location
s u b'a ct to. survey
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,LLC
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'D
The City of Canton is hereby requested to disburse fiords from the Canton BDD Special'Tag
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 meaning 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:Civic Did tal DispAys 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.
14
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
(n) 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 'Likita ion of hice»tivec 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.
G. Attached to this Request for Reimbursement is Exhibit"1"of the Redevelopment Agreement, together
vrith 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:
15
EXHIBIT 4
LEGAL DESCRIPTIONS FOR SITE 2
The East Ninety-three point five(93.5)feet of the South Ninety-eight point seventy-five (98.75) feet
of Lot 87,Original Town,now City,of Canton,Illinois;situate,lying and being in the County of
Fulton, State of Illinois.
Commonly known as 212 N.Main Street,Canton,IL 61520
PIN:09-08-27-405-015
16
PROMISSORY NOTE
FOR VALUE RECEIVED, Civic Digital Displays, LLC, Cody Giebelhausen, and Jeff
Giebelhausen(collectively,the`Borrower',promise to pay the City of Canton,Fulton County,Illinois,
an Illinois Municipal Corporation ("Lender") the principal sum of One Hundred Seventy-Five
Thousand Dollars ($175,000.00) with interest accruing on the unpaid principal at the rate of three
percent(3%) per anmun. The aforementioned principal sum represents monies loaned by the Lender
to the Borrower for the reimbursement of Borrower's BDD Eligible Project Costs, specifically
redevelopment project costs related to land acquisition,incurred as a result of a Redevelopment Project
located at 212 N. Main Street, Canton, Illinois (Parcel Identification #s 09-08-207-405-015) (the
"Property"),within the BDD Project Area and that is the subject of a Business Development District
Redevelopment Agreement between the City of Canton and the Borrower (the "Redevelopment
Agreement's entered into the 29`h day of August,2023.
The term of this Promissory Note shall commence on the date the loan funds are disbursed to
the Borrower pursuant to Section B(2) of the Redevelopment Agreement and end on the date that is
twenty(20) years from the date the loan funds are disbursed to the Borrower.
The Borrower shall repay to the Lender the balance due,on this Note plus accrued interest
thereon by making payments of Nine Hundred Seventy Dollars and 55/100 per month for 240 months
beginning on the first(1`�day of the month following the closing of the Loan,and on the 1"day of each
month thereafter for the term of the Loan. The entire unpaid principal balance, together with any
accrued interest and other unpaid charges or fees under this Promissory Note or the Redevelopment
Agreement shall be due and payable on the date that is twenty (20)years from the date the loan funds
are disbursed to the Borrower.
The Borrower shall be deemed in Default of this Promissory Note,if the Borrower in default
of any term set forth in this Promissory Note or the Redevelopment Agreement
Unless different times to cure are provided in the Redevelopment Agreement,then,in the event
the Borrower is in Default under the terms of this Promissory Note or the Redevelopment Agreement
and does not cure said default or breach on or before the thirtieth(30')day after Lender gives Borrower
written notice of Default thereof by personal delivery or certified mailing, the outstanding principal
amount,plus any accrued interest thereon,is immediately due to the Lender and the Lender shall be
entitled to all remedies permitted by law. Notice shall be deemed given on the date of personal delivery
or date of mailing,whichever applies. No delay or failure in giving notice of said Default or breach shall
constitute a waiver of the right of the Lender to exercise said right in the event of a subsequent or
continuing Default or breach. Furthermore,in the event of such Default or breach which results in the
filing of a suit, the prevailing party in such a suit will be entitled to collect its reasonable costs and
expenses,including,but not limited to attorneys'fees,in pursing or defending said action.
This Promissory Note has been entered into and shall be performed in the City of Canton,
Fulton County,Illinois,and shall be construed in accordance with the laws of Illinois and any applicable
federal statutes or regulations of the United States. Any claims or disputes concerning this Note shall,
at the sole election of the Lender,be adjudicated in Fulton County,Illinois.
BORROWER: LENDER:
CIVIC DIGITAL DISPLAYS,LLC,an Illinois CITY OF Canton,an Illinois Municipal
Limited Liability Company Corporation
BY: BY: 7 t
oil \Ij r / or,City of Canton
NAME:
ATTEST:
TITLE: ( L�e. Ci Clerk, City o Canton
DATE: LpZa3 DATE: �O P \c( J D 02;
AND
CODY GIEBELHAUSEN,individually
DATE:
AND
JEFF S� individually
D E:�