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R-29-11 Res Funding Agrmt Derby PlazaRESOLUTION NO. __ _ _ ( A RESOLUTION AUTHORIZING THE EXECUTION OF A FUNDING AGREEMENT FOR PUBLIC IMPROVEMENTS IN RELATION TO THE DERBY PLAZA DEVELOPMENT (Derby Plaza) WHEREAS, CMC Real Estate Holding, LLC (hereinafter referred to as the "Developer ") is the owner of property commonly referred to as Derby Plaza, hereinafter referred to as "the subject property "; and WHEREAS, the Developer is ready, willing, and able to enter into said agreement and perform the obligations as required therein; and WHEREAS, a copy of said Funding Agreement has been attached hereto and included herein NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Lemont, Counties of Cook, DuPage, and Will, State of Illinois, as follows: Section 1. That the President be and is hereby authorized and directed, and the Village Clerk is directed to attest to a document known as the "Funding Agreement," a copy of which is attached hereto and made a part hereof. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE AND WILL, ILLINOIS, ON THIS 11th DAY APRIL, 2011. Debby Blatzer Paul Chialdikas Clifford Miklos Ron Stapleton Rick Sniegowski Jeanette Virgilio AYES NAYS ABSENT ABSTAIN V v V V v V Approve, me this 11th day of April, 2011 Attest: CHARLENE M. SMO LEN, Village Clerk . REA Village President FUNDING AGREEMENT FOR PUBLIC IMPROVEMENTS IN RELATION TO THE DERBY PLAZA DEVELOPMENT THIS FUNDING AGREEMENT, made and entered into on this day set forth next to the signatures of the parties hereto, by and between the VILLAGE OF LEMONT, an Illinois municipal corporation (herein after referred to as "Village ") and CMC Real Estate Holdings, LLC (herein after referred to as "CMC "). WITNESSETH: WHEREAS, CMC owns certain property commonly known as Derby Plaza located within the Village which was annexed (Ordinance 0- 68 -06), rezoned (Ordinance 0- 69 -06) and grant Planned Unit Development (Ordinance 0- 70 -06) by the Village on October 9, 2006 (Ordinances 0- 68 -06, 0 -69 -06 and Ordinance 0 -70 -06 are incorporated herein by reference and are collectively referred to as the Derby Plaza Development Ordinances); and WHEREAS, The Village is engaged in certain public improvements commonly referred to as the McCarthy /Derby Road Improvements made necessary and contemplated to be undertaken, in part, as a result of the Derby Plaza Development; and WHEREAS, Pursuant to the Derby Plaza Development Ordinances and laws of the Village, CMC is required to pay a proportionate share of the McCarthy /Derby Road Improvements (hereinafter referred to as the "CMC Public Improvement Contribution "); and WHEREAS, the Parties have conferred and agreed upon the amount and timing of CMC Public Improvement Contribution. NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and conditions hereinafter contained, the adequacy and sufficiency of which the parties hereto hereby acknowledge; the parties hereby mutually agree as follows: 1) The Parties agree that the CMC Public Improvement Contribution shall be in the amount of $290,000.00 payable as follows: a) CMC shall pay to the Village the amount of $180,000.00 on or before December 1, 2011. b) CMC shall pay to the Village the amount of $110,000.00 on or before April 1, 2012. 2) CMC shall have no further obligation related to the cost for construction of the McCarthy /Derby Road Improvements it being understood that all other costs shall be the responsibility of the Village or parties other than CMC. 1 Attest: IN WITNESS WHEREOF, the parties hereto have set their hands and seals this of April, 2011. Attest: i Charlene Smollen, Village Clerk 2 VILLAGE OF LEMONT, an Illinois Municipal Corporation Village President CMC Real Estate Holdings, LLC By: Jozef Czupta, President