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6. Upon annexation, the Owner shall subdivide the Premises and Lot One (1) <br /> of Alex Mervis Addition in accordance with the provisions of City of Decatur <br /> Ordinance No. 80-56 (the "Subdivision Ordinance"). The final plat of said subdivision <br /> shall establish a building setback line of seventy-five (75) feet from the West property <br /> line and shall provide for adequate storm drainage as per City standards. <br /> 7. The Owner shall construct an earthen berm eight (8) feet in height along <br /> the entire West property line of the Premises as a part of the construction or <br /> development of any part of the property, said berm to be landscaped and/or fenced <br /> as required by the Department of Community Development. <br /> 8. 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 <br /> of this agreement. <br /> 9. This agreement shall be binding on the heirs, successors and assigns of <br /> the parties hereto, as provided at 65 ILCS 5/11-15.1-4, and shall run with the land, <br /> subject to the terms of paragraph 13 below. <br /> 10. If any provision of this agreement is held invalid, the remainder hereof <br /> shall not be affected thereby. <br /> 11. Time is of the essence of this agreement. <br />