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Agreement ION the Ball Billboards pdf file

Finance Committee · Date unavailable · Record 45bcac0d15daba47df

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Saved text from 3 source pages. Transcription and OCR may contain errors; verify figures and wording against the original. Retrieved 2026-10-15.

Source page 1

GRANT AGREEMENT PURSUANT TO G.L. CHAPTER 44, SECTION 53A


1.     iON the Ball, LLC ("ION") has successfully applied to the Canton Zoning Board of
Appeals ("ZBA") for approval of modifications of an existing special permit for outdoor
advertising sign faces located at 75 Shawmut Road, Canton. The conditional approval, which
authorizes the current tri-vision changeable message faces to be converted to two digital
changeable message faces, commonly known as variable message signs, ("Permit
Modification"), was granted on Thursday, February 28 th, 2013, (copy attached).

2.    The ZBA has approved the Permit Modification subject to ION's grant to the Town of
Canton (the "Town"), pursuant to G.L. c.44, Section 53A, the following financial
accommodations by way of mitigation of the effects of the sign conversion authorized by the
ZBA Permit Modification:

       (a)    ION shall make an initial grant to the Town the sum of $25,000 promptly upon
              the execution of this grant agreement and formal approval from The
              Commonwealth of Massachusetts Office of Outdoor Advertising ("00A") to
              permit the installation and operation of two (2) digital variable message signs.
              ION, at its sole expenses, shall promptly submit and prosecute an application to
              the 00A for such approval upon execution of this agreement

       (b)    ION agrees to make a continuing series of annual grants to the Town, based on
              the amount of gross collected revenue generated by the digital signs ("GCR"), as
              follows:

                      (i)    A minimum grant of $75,000 each year ("Initial Base Amount")
                             for a term of 20 years (total minimum grant of $1,500,000), paid in
                             quarterly installments (beginning on or before the first day of the
                             month following installation of the sign faces) plus to the extent
                             that the GCR from the digital signs exceed $375,000 for any
                             calendar year, ION will make an additional grant to the Town
                             equal to 20% of all GCR in excess of $375,000, within (30) thirty
                             days of the close of such year; and

                      (ii)   The minimum grant will be reviewed every (2) two years. If GCR
                             is higher than the previous Base Amount, the parties agree to reset
                             the minimum annual grant amount to equal to 70% of the prior
                             year's total grant by ION, payable to the Town ("New Base
                             Amount"). For example; if the signs generated $600,000 of gross
                             collected revenue, in the most prior 12 months, then the guaranteed
                             minimum grant would be reset at 70% of the $120,000 grant for
                             that year or a minimum of $84,000 for all years going forward,
                             subject to further upward revision as provided herein.

Source page 2

(c)     ION will provide to the Town, and annually renew, a payment bond, or other
                guarantee instrument acceptable to the Town ,in an amount equal to the
                guaranteed minimum grant for the then-current year, which can be exclusively
                triggered by the Town, when any payment(s) are not made consistent with the
                terms of this grant agreement,

3.      The granted funds provided for in this agreement, together with interest on the granted
funds, shall remain with and become part of the grant account and may be expended as part of
the grant by the Board of Selectmen without further appropriation, all pursuant to G.L. c.44,
Section 53A. All payments made by ION to the Town shall be deposited in a separate "grant
account", pursuant to the terms of MGL c. 44, s. 53A.

4.     The signatures below by ION and the Board of Selectmen certify that ION has satisfied
Condition #1 of the decision issued by the Canton Zoning Board of Appeals dated March 14,
2013. This agreement shall replace and supersede any previously authorized agreement between
any parties related to this sign location, should one be in effect.

Signed:

iON the Ball, LLC                                    Town of Canton, acting by and through
                                                     it's Board of Selectmen




By:
          James E. Johnsen, Member


Date:




                                                     Date:      Tt/
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Source page 3

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