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8. The Owners shall construct an earthen berm eight (8) feet in height along the <br /> north one thousand one hundred ten (1,110) feet of the west property line of the <br /> Premises, and east for a distance of one hundred forty-five (145) feet from the west <br /> property line of the Premises, at the southern end of said berm, as shown on said Exhibit <br /> B, said berm to be constructed with a 3 to 1 slope and landscaped as required by the <br /> Department of Community Development. <br /> 9. That upon annexation, and subject to the approval of the State of Illinois <br /> Department of Commerce and Community Affairs, the City, by ordinance, shall alter the <br /> boundaries of the City's Enterprise Zone so as to include the Premises therein, as per <br /> the provisions of 20 ILCS 655/1 et seq. � <br /> 10. The Premises shall not have vehicular access from either Patricia Street or <br /> Brooks Drive. <br /> 11. The Owners shall construct all on-site improvements, including any <br /> extensions of City utilities such as water and sewer mains, at their expense. <br /> 12. 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 <br /> this agreement. <br /> 13. 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 to <br /> the terms of paragraph 16 below. <br /> 14. If any provision of this agreement is held invalid, the remainder hereof shall <br /> not be affected thereby. � <br /> 15. Time is of the essence of this agreement. <br />