title
AGREEMENT BETWEEN THE COUNTY OF DU PAGE AND
ARG DCDARIL001, LLC FOR FUTURE TRAFFIC SIGNAL
MAINTENANCE RESPONSIBILITIES AT
CH 33/75TH STREET AND LYMAN AVENUE AND AT
CH33/75TH STREET AND FAIRMOUNT AVENUE
(NO COUNTY COST)
resolution
WHEREAS, the COUNTY and RPAI Darien, LLC ("RPAI"), ARG's predecessor-in-interest, previously entered into an agreement (hereinafter referred to as the "PREVIOUS AGREEMENT") executed December 10, 2013, for the maintenance and energy responsibilities for a traffic signal on CH 33/75th Street at Lyman Avenue (hereinafter referred to as the "LYMAN SIGNAL") and a traffic signal at CH 33/75th Street at Fairmount Avenue (hereinafter referred to as the "FAIRMOUNT SIGNAL" and collectively hereinafter referred to as the "SIGNALS"); and
WHEREAS, the PREVIOUS AGREEMENT expired on February 24, 2022, when RPAI sold a substantial portion of the real estate property known as Darien Towne Centre, located at 2189 75th Street, Darien, Illinois, (the "PROPERTY"), legally described on Exhibit A, (attached hereto and incorporated herein), to ARG; and
WHEREAS, the COUNTY and ARG, as successor owner of the PROPERTY have determined that it is in each one's mutual best interest to enter into a new agreement for the continued maintenance and energy responsibilities and future modernization/reconstruction costs of said SIGNALS (hereinafter "AGREEMENT"); and
WHEREAS, the COUNTY by virtue of its power set forth in "Counties Code" (55 ILCS 5/5-1001 et seq.) and "Illinois Highway Code" (605 ILCS 5/5-101 et seq.), is authorized to enter into this AGREEMENT.
WHEREAS, attached hereto is the AGREEMENT which outlines the rights and responsibilities of the COUNTY and ARG; and
WHEREAS, the AGREEMENT must be executed to define the rights and responsibilities of the COUNTY and ARG related to the SIGNALS.
NOW, THEREFORE, BE IT RESOLVED by the County Board of DuPage County, that the Clerk and Chair of said Board be hereby d...
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