R98-12 SCHEDULING PUBLIC HEARING

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6. Upon annexation, the Owners shall subdivide the Premises and Lot 6 of L & A Industrial Park in accordance with the provisions of City of Decatur Ordinance No. 80-56 (the "Subdivision Ordinance"). The final plat of said subdivision shall provide that the Premises shall have no access to Chat Drive, shall establish a building setback line of seventy-five (75) feet from the West property line and shall provide for adequate storm drainage as per City standards, including provisions for such as set out in the final subdivision plat for L &A Industrial Park. 7. The subdivision plat for said Premises shall vacate certain drainage easements on Lot 6 of said L & A Industrial Park and shall further dedicate new drainage easements as required by the Department of Public Works. 8. The Owners shall construct an earthen berm eight (8) feet in height along the entire West property line of the Premises, said berm to be landscaped and/or fenced as required by the Department of Community Development. 9. 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. 10. 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 13 below. 11. If any provision of this agreement is held invalid, the remainder hereof shall not be affected thereby. 12. Time is of the essence of this agreement.