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.• r <br /> NOW, THEREFORE, for and in consideration of the mutual promises and <br /> obligations made and assumed herein, and pursuant to authority of 65 ILCS <br /> 5/11-15.1-1 et seq., the City and Owner agree as follows: <br /> 1. The Owner has filed an annexation petition with the City, in compliance with <br /> 65 ILCS 5/7-1-8, said petition describing the Premises and requesting that the same be <br /> annexed to and included within the corporate limits of the City. <br /> 2. The City hereby waives any requirement otherwise applicable that Owner pay <br /> to the City any fee for filing the petition referred to in paragraph 1 hereof. <br /> 3. Upon approval of this Agreement, the City shall annex the territory described <br /> therein to the City as provided by law. <br /> 4. That upon annexation, the City, by ordinance, shall grant the Owner a <br /> conditional use permit for the operation of a water treatment facility on the Pr�mises, as <br /> per the provisions of City of Decatur Ordinance No. 3512, as amended (the "Zoning <br /> Ordinance"). <br /> 5. The provisions of this agreement shall supersede the provisions of any <br /> ordinance, code or regulation of the City which may be in conflict with the provisions of I <br /> this agreement. <br /> 6. This agreement shall be binding on the heirs, successors and assigns of the <br /> parties hereto, as provided at 65 ILCS 5/11-15.1-4, and shall run with the land, subject <br /> to the terms of paragraph 13 below. <br /> 7. If any provision of this agreement is held invalid, the remainder hereof shall <br /> not be affected thereby. <br /> 8. Time is of the essence of this agreement. <br /> 2 <br />