R2003-157 AUTHORIZING ANNEXATION AGREEMENT

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' 5. (a) That upon annexation, Owner shall construct a 12" water main, with a 30" ', casing and all required fittings, valves and appurtenances, under Interstate 72 to the ' Premises. When com leted the Owner shall dedicate such main to the Cit and the '� P , y, City shall accept said main if it meets all City standards and specifications. Upon acceptance, the City shall reimburse Owner not to exceed Forty Thousand Dollars ($40,000.00) for the construction of said water main. ' (b) The City shall approve all designs, plans and contracts related to said ! water main prior to the construction thereof, and Owner shall obtain all required permits ' for said construction, including, but not limited to, NPDES, EPA and IDOT permits. I� 6. That upon annexation, Owner shall dedicate to the City a permanent I easement for public utility purposes, said easement to be a minimum of forty (40) feet in width and to extend from the north right of way line of West Ash Avenue northeasterly along Interstate 72 to the termination point of the above-described water main, as approved by the Director of Engineering and Infrastructure. 7. The provisions of this agreement shall supersede the provisions of any ordinance, code or regulation of the City which may be in conflict with the provisions of this agreement. 8. This agreement shall be binding on the heirs, successors and assigns of the parties hereto, as provided at 65 ILCS 5/11-15.1-4, and shall run with the land, subject to the terms of paragraph 11 below. 9. If any provision of this agreement is held invalid, the remainder hereof shall not be affected thereby. 10. Time is of the essence of this agreement.