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2012-58 REZONING PROPERTY - 4000 BLOCK OF GUN CLUB ROAD AND 3000 BLOCK OF CHRISTMAS TREE ROAD
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2012-58 REZONING PROPERTY - 4000 BLOCK OF GUN CLUB ROAD AND 3000 BLOCK OF CHRISTMAS TREE ROAD
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8/24/2015 3:01:02 PM
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8/24/2015 3:00:56 PM
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Resolution/Ordinance
Res Ord Num
2012-58
Res Ord Title
REZONING PROPERTY - 4000 BLOCK OF GUN CLUB ROAD AND 3000 BLOCK OF CHRISTMAS TREE ROAD
Department
Development Services
Approved Date
8/20/2012
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8. GUN CLUB. The Decatur Gun Club utilizes a portion of the Faries Park <br /> Property. ADM has told the DPD that it has no immediate plans to utilize the property now <br /> occupied by the Gun Club and ADM has agreed to allow the Gun Club to continue to occupy <br /> their property and utilize it as a gun club for only a nominal consideration provided the Gun Club <br /> provides ADM with adequate public liability insurance. Provided the insurance is paid for and <br /> there is no misuse of the property, ADM agrees the Gun Club can utilize the property until <br /> March 15,2007. <br /> 9. ADWS UTILIZATION OF THE FARIES PARK PROEPRTY. After the <br /> sale of the Facies Park Property, it is agreed and understood that ADM shall not utilize, nor shall <br /> it permit any entity to utilize, the Faries Park Property as a golf course, except for DPD as <br /> provided for herein. <br /> Notwithstanding the foregoing, it is agreed and understood that if the parties proceed with <br /> an installment sale of the Faries Park and Brush College Properties, i.e., the final installment <br /> being due from ADM to the DPD in March 2005,then ADM agrees that the DPD may utilize the <br /> Faries golf course during at least the 2004 golf season similar to its usage in the past. DPD shall <br /> be responsible for any maintenance, expenses, etc. for the utilization of the golf course and shall <br /> be entitled to any and all fees generated. Additionally, DPD agrees to obtain a comprehensive <br /> general liability policy effective March 16, 2004, and continuing through such times as the DPD <br /> utilizes the Faries Golf Course and to name ADM as an additional insured on such insurance. <br /> The parties shall agree to the type and amount of the insurance at the time of the auction. <br /> DPD has made ADM aware that the new golf course, which the DPD plans to build on <br /> the .current ADM property, may not be complete for the 2005 playing season. ADM agrees it <br /> will work with DPD to continue golf for the 2005 season unless ADM has need for the property <br /> during 2005. In any event, ADM agrees that golf play may continue until at least August 1, <br /> 2005. <br /> 10. CONTINGENCIES. <br /> A. Approval of the voters of the DPD at the general election, which is more <br /> specifically described and provided for herein. <br /> B. DPD obtaining a minimum bid for the Facies Park and Brush College Properties <br /> in the amount of Seven Million Three Hundred Fifty Thousand Dollars <br /> ($7,350,000.00) <br /> Unless both of those contingencies are met, ADM understands that this project may not <br /> proceed. <br /> 11. CAMPING. There is a small campground which the DPD maintains near Lake <br /> Decatur. A portion of the campground will ultimately be conveyed if the referendum is <br /> successful. ADM agrees that the DPD may continue to use this property as a campground, <br /> similar to its use in the past, for such periods of time as DPD continues the use of Facies Golf <br /> 4 <br />
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