2012-58 REZONING PROPERTY - 4000 BLOCK OF GUN CLUB ROAD AND 3000 BLOCK OF CHRISTMAS TREE ROAD

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aware that DPD must hold a public auction to sell the Faries Park Property and the Brush College Property. ADM agrees to bid a minimum sum of Seven Million, Three Hundred Fifty Thousand Dollars ($7,350,000.00) for the purchase, in fee simple, of the Faries Park and Brush College Properties, at the auction. If ADM is the successful bidder at the auction,the parties will agree whether or not the entire purchase price will be paid in cash on the day of closing, or some lesser sum being paid, as being provided by statute, with the balance to be paid in full within one (1)year after the auction. 5. TIME LINES AND REQUIREMENTS. In order to submit the matters to the voters at the general election, the DPD must adopt a resolution which must be effective 65 days prior to the election(10 ILCS 5/28-2). The DPD must publish this resolution at least three times. The resolution will become effective ten (10) days after the last publication (70 ILCS 1205/10- 7a). The Macon County Clerk must certify the resolution sixty-one (61) days prior to the election (10 ILCS 5/28-5). The resolution, among other things, must contain a description of the property, which the parties have interpreted to mean a legal description, as well as a common description. With the foregoing statutory requirements in mind; the parties have established the following time line: A. The parties have been working with Phil Cochran Engineering to survey all of the property in question. The surveys have been substantially completed; B. The DPD has adopted the necessary resolution at its regularly scheduled meeting on November 19, 2003; C. Publication of the resolution: (i)November 26, 2003; (ii) December 3,2003; (iii)December 10,2003; D. The effective date of the resolution will be December 20, 2003; and E. The Macon County Clerk will certify the resolution on December 28, 2003 (approximately 79 days before the general election). 6. Purchase of the ADM Property. Provided that the referendum is successful and further provided that the DPD receives a bid in the minimum amount of Seven Million Three Hundred Fifty Thousand Dollars ($7,350,000.00) at the auction provided for above, the DPD agrees to pay to ADM the minimum sum of Eight Hundred Thousand Dollars ($800,000.00) for the ADM property. The parties agree to arrange for a sale of the ADM property immediately after the auction, provided that the DPD has obtained the minimum bid for the Faries Park and Brush College Properties as described above. 7. FARIES LAKE AND DAM. There is a small lake and dam in Faries Park which will be owned by ADM after the sale. ADM shall be responsible for all of the maintenance of said dam. ADM agrees to provide DPD with an easement for access over the roadway on top of the dam. 3