Common use of REPRESENTATIONS AND OBLIGATIONS OF THE OWNER Clause in Contracts

REPRESENTATIONS AND OBLIGATIONS OF THE OWNER. The Owner agrees to the following provisions: Section 1: The Owner represents that the Owner is the sole record Owner of the tracts described in Exhibit A and that the Owner shall, within thirty (30) days of the date of the Corporate Authorities approve this agreement, cause the tracts to be annexed to the City of Urbana by filing a legally sufficient annexation petition with all required signatures thereon, all in accordance with Illinois Statutes. Until annexation ofthe subject tracts occurs, Owner shall require that any persons intending to reside thereon, whether as tenants or owners, shall, prior to residing thereon, irrevocably agree in writing to sign, join in, and consent to any petition for annexation of the subject tract. The Owner shall file such written agreement with the City Clerk within thirty (30) days of the signing of such. (The City shall furnish to Owner the appropriate form to satisfy this obligation.) Owner further agrees that the substance of this Section of the Annexation Agreement shall be included in any sales contract for the sale of any portion of the subject tract. If the subject tract is to be platted for a subdivision, the Owner agrees that the substance of these provision rearding annexation shall be included in the subdivision covenants and such will constitute a covenant running with the land. The Owner agrees for himself, successor and assigns, and all other persons intended herein to be oblig ▇▇▇ to consent to annexation, to cooperate in signing or joining in any petition for annexation for the subject tract and that mandamus would be an appropriate remedy in the event of refusal so to do, and, ifthe City has to resort to Court proceedings to enforce this obligation, the City shall be entitled to recover reasonable attorney's fees. Owner agrees that nothing in this section shall preclude the voluntary annexation of the subject tract or any portion thereof earlier than would otherwise be required. Section 2: The Owner agrees to accept the direct conversion ofChampaign County zoning from B-4 General Commercial to City of Urbana B-3 General Business zoning classification as provided for by the Urbana Zoning Ordinance Section IV-5 and as such exists at the time of annexation. Furthermore, the Owner agrees to abide by all applicable development regulations existing at the time of annexation. Section 3: The Owner shall take no action or omit to take action during the term of this Agreement which action or omission, as applied to the tracts, would be a breach of this Agreement, without first procuring a written amendment to this Agreement duly executed by both the Owner and the City. Section 4: The Owner agrees to cause all new development, construction, or additions on said tracts to be in conformance with all City of Urbana Codes and Ordinances if the tract is within the City limits at any point during the time of construction. If the Owner commences prior to annexation, the Owner agrees to cause all new development, construction, or additions on said tracts to be in conformance with the City of Urbana construction building, electrical, fire, mechanical and plumbing codes, orders or regulations in effect at the time of annexation. If construction commences prior to ▇▇▇ ▇▇▇▇, the Owner further agrees to submit all building construction plans to the City of Urbana for review and further a ees to pay all plan review and building permit fees just as though the construction were taking place within the Urbana City limits. The Owner further agree to correct any deficiencies ▇▇▇▇ ▇▇ in said plan review. In addition, the Owner agrees that all construction will be subject to the same building and construction inspection requirements as construction projects within the City limits. Section 5: The Owner agrees that any buildings or structures, other than single-family or agricultural structures, existing at the time of annexation and not new construction subject to Article I. Section 4 above, must be brought into conformance with the City of Urbana Existing Structures Code in a time fr agreed to by the City of Urbana Community Development Director , except that any immediate health or life safety threats must be brought into compliance immediately.

Appears in 1 contract

Sources: Annexation Agreement

REPRESENTATIONS AND OBLIGATIONS OF THE OWNER. The Owner agrees to the following provisions: Section 1: (a) The Owner represents that the Owner is the sole record Owner of the tracts tract described in Exhibit A and that the Owner shall, within thirty (30) days of the date of property becoming contiguous to the Corporate Authorities approve this agreement, Urbana City limits cause the tracts tract to be annexed to the City of Urbana by filing a legally sufficient annexation petition with all required signatures thereon, all in accordance with Illinois Statutes. Until annexation ofthe of the subject tracts tract occurs, Owner shall require that any persons intending to reside thereon, whether as tenants or owners, shall, prior to residing thereon, irrevocably agree in writing to sign, join in, and consent to any petition for annexation of the subject tract. The Owner shall file such written agreement with the City Clerk within thirty (30) days of the signing of such. . (The City shall furnish to Owner the appropriate form to satisfy this obligation.b) Owner further agrees that the substance of this Section of the Annexation Agreement shall be included in any sales contract for the sale of any portion of the subject tract. If the subject tract is to be platted for a subdivision, the Owner agrees that the substance of these this provision rearding regarding annexation shall be included in the subdivision covenants and such will constitute a covenant running with the land. (c) Owner agrees that if owner fails to include the substance of Section 1(a) of this Agreement in sales contracts or subdivision covenants, as provided herein, and if said annexation is delayed or contested by subsequent owners as a result, the Owner shall be liable to the City for all real estate taxes and other taxes that would have been due to the City had annexation been able to proceed as outlined herein. The Owner agrees for himself, successor and assigns, and all other persons intended herein to be oblig ▇▇▇ obligated to consent to annexation, to cooperate in signing or joining in any petition for annexation for the subject tract and that mandamus would be an appropriate remedy in the event of refusal so to do, and, ifthe if the City has to resort to Court proceedings to enforce this obligation, the City shall be entitled to recover reasonable attorney's fees. Owner agrees The parties agree that nothing in this section shall preclude the voluntary annexation of the subject tract or any portion thereof earlier than would otherwise be required. Section 2: The Owner agrees to accept acknowledges that upon annexation the direct conversion ofChampaign tract will be rezoned from County zoning from B-4 General Commercial R-1 to City R-3. Owner agrees that, unless changed upon the initiative of Urbana B-3 General Business the Owner the said City zoning classification as provided for by the tract shall remain in effect for the term of this Agreement, subject to the right of the Corporate Authorities to amend the Zoning Ordinance text even if such amendment affects the tract. Owners agree to use the tract only in compliance with the Urbana Zoning Ordinance Section IV-5 and as such exists at the may be amended from time of annexation. Furthermore, the Owner agrees to abide by all applicable development regulations existing at the time of annexationtime. Section 3: The Owner shall take no action or omit to take action during the term of this Agreement which action or omission, as applied to the tracts, would be a breach of this Agreement, without first procuring a written amendment to this Agreement duly executed by both the Owner and the City. Section 4: The Owner agrees to cause all new development, construction, or additions on said tracts to be in conformance with all City of Urbana Codes and Ordinances if the tract is within the City limits at any point during the time of construction. If the Owner commences prior to annexation, the Owner agrees to cause all new development, construction, or additions on said tracts to be in conformance with the City of Urbana construction building, electrical, fire, mechanical and plumbing codes, orders or regulations in effect at the time of annexation. If construction commences prior to ▇▇▇ ▇▇▇▇, the The Owner further agrees to submit all building construction plans to the City of Urbana for review and further a ees agrees to pay all plan review and the building permit fees fee just as though the construction were taking place within the Urbana City limits. The Owner further agree agrees to correct any deficiencies ▇▇▇▇ ▇▇ identified in said plan review. In addition, the Owner agrees that all construction will be subject to the same building and construction inspection requirements as construction projects within the City limits. Section 5: The Owner agrees that any buildings or structures, other than single-family or agricultural structures, existing at the time of annexation and not new construction subject to Article I. Section 4 above, must be brought into conformance with the City of Urbana Existing Structures Code in a time fr agreed to by the City of Urbana Community Development Director , except that any immediate health or life safety threats must be brought into compliance immediately.

Appears in 1 contract

Sources: Annexation Agreement

REPRESENTATIONS AND OBLIGATIONS OF THE OWNER. (S) The Owner agrees Owners agree to the following provisions: Section 1: (a) The Owner represents Owners represent that the Owner is Owners are the sole record Owner Owners of the tracts tract described in Exhibit A and that the Owner Owners shall, within thirty (30) days of the date of property becoming contiguous to the Corporate Authorities approve this agreement, Urbana City limits cause the tracts tract to be annexed to the City of Urbana by filing a legally sufficient annexation petition with all required signatures thereon, all in accordance with Illinois Statutes. Until annexation ofthe of the subject tracts tract occurs, Owner Owners shall require that any persons intending to reside thereon, whether as tenants or owners, shall, prior to residing thereon, irrevocably agree in writing to sign, join in, and consent to any petition for annexation of the subject tract. The Owner shall file such written agreement with the City Clerk within thirty (30) days of the signing of such. (The City shall furnish to Owner the appropriate form to satisfy this obligation.b) Owner Owners further agrees agree that the substance of this Section of the Annexation Agreement shall be included in any sales contract for the sale of any portion of the subject tract. If the subject tract is to be platted for a subdivision, the Owner agrees Owners agree that the substance of these this provision rearding regarding annexation shall be included in the subdivision covenants and such will constitute a covenant running with the land. (c) Owners agree that if Owners fail to include the substance of Section 1(a) of this Agreement in sales contracts or subdivision covenants, as provided herein, and if said annexation is delayed or contested by subsequent owners as a result, the Owners shall be liable to the City for all real estate taxes and other taxes that would have been due to the City had annexation been able to proceed as outlined herein. The Owner agrees Owners agree for himselfthemselves, successor and assigns, and all other persons intended herein to be oblig ▇▇▇ obligated to consent to annexation, to cooperate in signing or joining in any petition for annexation for the subject tract and that mandamus would be an appropriate remedy in the event of refusal so to do, and, ifthe if the City has to resort to Court proceedings to enforce this obligation, the City shall be entitled to recover reasonable attorney's fees. Owner agrees The parties agree that nothing in this section shall preclude the voluntary annexation of the subject tract or any portion thereof earlier than would otherwise be required. Section 2: The Owner agrees to accept the direct conversion ofChampaign County zoning from B-4 General Commercial to City of Urbana B-3 General Business zoning classification as provided for by the Urbana Zoning Ordinance Section IV-5 and as such exists at the time of annexation. Furthermore, the Owner agrees to abide by all applicable development regulations existing at the time of annexation. Section 3: The Owner shall take no action or omit to take action during the term of this Agreement which action or omission, as applied to the tracts, would be a breach of this Agreement, without first procuring a written amendment to this Agreement duly executed by both the Owner and the City. Section 4: The Owner agrees to cause all new development, construction, or additions on said tracts to be in conformance with all City of Urbana Codes and Ordinances if the tract is within the City limits at any point during the time of construction. If the Owner commences prior to annexation, the Owner agrees to cause all new development, construction, or additions on said tracts to be in conformance with the City of Urbana construction building, electrical, fire, mechanical and plumbing codes, orders or regulations in effect at the time of annexation. If construction commences prior to ▇▇▇ ▇▇▇▇, the Owner further agrees to submit all building construction plans to the City of Urbana for review and further a ees to pay all plan review and building permit fees just as though the construction were taking place within the Urbana City limits. The Owner further agree to correct any deficiencies ▇▇▇▇ ▇▇ in said plan review. In addition, the Owner agrees that all construction will be subject to the same building and construction inspection requirements as construction projects within the City limits. Section 5: The Owner agrees that any buildings or structures, other than single-family or agricultural structures, existing at the time of annexation and not new construction subject to Article I. Section 4 above, must be brought into conformance with the City of Urbana Existing Structures Code in a time fr agreed to by the City of Urbana Community Development Director , except that any immediate health or life safety threats must be brought into compliance immediately.

Appears in 1 contract

Sources: Annexation Agreement

REPRESENTATIONS AND OBLIGATIONS OF THE OWNER. The Owner agrees to the following provisions: Section 1: (a) The Owner represents that the Owner is the sole record Owner of the tracts tract described in Exhibit A and that the Owner shall, within thirty (30) days of the date of property becoming contiguous to the Corporate Authorities approve this agreement, Urbana City limits cause the tracts tract to be annexed to the City of Urbana by filing a legally sufficient annexation petition with all required signatures thereon, all in accordance with Illinois Statutes. Until annexation ofthe of the subject tracts tract occurs, Owner shall require that any persons intending to reside thereon, whether as tenants or owners, shall, prior to residing thereon, irrevocably agree in writing to sign, join in, and consent to any petition for annexation of the subject tract. The Owner shall file such written agreement with the City Clerk within thirty (30) days of the signing of such. . (The City shall furnish to Owner the appropriate form to satisfy this obligation.b) Owner further agrees that the substance of this Section of the Annexation Agreement shall be included in any sales contract for the sale of any portion of the subject tract. If the subject tract is to be platted for a subdivision, the Owner agrees that the substance of these this provision rearding regarding annexation shall be included in the subdivision covenants and such will constitute a covenant running with the land. (c) Owner agrees that if owner fails to include the substance of Section 1(a) of this Agreement in sales contracts or subdivision covenants, as provided herein, and if said annexation is delayed or contested by subsequent owners as a result, the Owner shall be liable to the City for all real estate taxes and other taxes that would have been due to the City had annexation been able to proceed as outlined herein. The Owner agrees for himself, successor and assigns, and all other persons intended herein to be oblig ▇▇▇ obligated to consent to annexation, to cooperate in signing or joining in any petition for annexation for the subject tract and that mandamus would be an appropriate remedy in the event of refusal so to do, and, ifthe if the City has to resort to Court proceedings to enforce this obligation, the City shall be entitled to recover reasonable attorney's fees. Owner agrees The parties agree that nothing in this section shall preclude the voluntary annexation of the subject tract or any portion thereof earlier than would otherwise be required. Section 2: The Owner acknowledges that upon annexation the tract will be rezoned from County R-1 to City R-3. Owner agrees that, unless changed upon the initiative of the Owner the said City zoning classification for the tract shall remain in effect for the term of this Agreement, subject to the right of the Corporate Authorities to amend the Zoning Ordinance text even if such amendment affects the tract. Owners agree to use the Section 3: The Owner agrees to accept the direct conversion ofChampaign County zoning from B-4 General Commercial cause all new development, construction, or additions on said tracts to be in conformance with all City of Urbana B-3 General Business zoning classification as provided for by the Urbana Zoning Ordinance Section IV-5 building, electrical, fire, and as such exists plumbing codes, orders or regulations in effect at the time of annexation. FurthermoreThe Owner agrees to submit all building construction plans to the City of Urbana for review and further agrees to pay the building permit fee just as though the construction were taking place within the Urbana City limits. The Owner further agrees to correct any deficiencies identified in said plan review. In addition, the Owner agrees that all construction will be subject to abide by all applicable development regulations existing at the time of annexationsame building and construction inspection requirements as construction projects within the City limits. Section 34: The Owner shall take no action or omit to take action during the term of this Agreement which action or omission, as applied to the tracts, would be a breach of this Agreement, without first procuring a written amendment to this Agreement duly executed by both the Owner and the City. Section 4: The Owner agrees to cause all new development, construction, or additions on city. Said action includes petitioning for a county rezoning of said tracts without a written amendment to be in conformance with all City of Urbana Codes and Ordinances if the tract is within the City limits at any point during the time of construction. If the Owner commences prior to annexation, the Owner agrees to cause all new development, construction, or additions on said tracts to be in conformance with the City of Urbana construction building, electrical, fire, mechanical and plumbing codes, orders or regulations in effect at the time of annexation. If construction commences prior to ▇▇▇ ▇▇▇▇, the Owner further agrees to submit all building construction plans to the City of Urbana for review and further a ees to pay all plan review and building permit fees just as though the construction were taking place within the Urbana City limits. The Owner further agree to correct any deficiencies ▇▇▇▇ ▇▇ in said plan review. In addition, the Owner agrees that all construction will be subject to the same building and construction inspection requirements as construction projects within the City limitsthis Agreement. Section 5: The Owner agrees that any buildings or structures, other than single-family or agricultural structures, existing at the time of annexation and not new construction subject to Article I. Section 4 above, must be brought into conformance with the City of Urbana Existing Structures Code in a time fr agreed to by the City of Urbana Community Development Director , except that any immediate health or life safety threats must be brought into compliance immediately.

Appears in 1 contract

Sources: Annexation Agreement

REPRESENTATIONS AND OBLIGATIONS OF THE OWNER. The Owner agrees to the following provisions: Section 1: (a) The Owner represents that the Owner he is the sole owner of record Owner of the tracts tract described in Exhibit A and that the Owner he shall, within thirty (30) days of the date of property becoming contiguous to the Corporate Authorities approve this agreement, Urbana City limits cause the tracts tract to be annexed to the City of Urbana by filing a legally sufficient annexation petition with all required signatures thereon, all in accordance with Illinois Statutes. Until annexation ofthe of the subject tracts tract occurs, Owner shall require that any persons intending to reside thereon, whether as tenants or owners, shall, prior to residing thereon, irrevocably agree in writing to sign, join in, and consent to any petition for annexation of the subject tract. The Owner shall file such written agreement with the City Clerk within thirty (30) days of the signing of such. . (The City shall furnish to Owner the appropriate form to satisfy this obligation.b) Owner further agrees that the substance of this Section of the Annexation Agreement shall be included in any sales contract for the sale of any portion of the subject tract. If the subject tract is to be platted for a subdivision, the Owner agrees that the substance of these this provision rearding regarding annexation shall be included in the subdivision covenants and such will constitute a covenant running with the land. (c) Owner agrees that if he fails to include the substance of Section 1(a) of this Agreement in sales contracts or subdivision covenants, as provided herein, and if said annexation is delayed or contested by subsequent owner(s) as a result, the Owner shall be liable to the City for all real estate taxes and other taxes that would have been due to the City had annexation been able to proceed as outlined herein. The Owner agrees for himselfthemselves, successor and assigns, and all other persons intended herein to be oblig ▇▇▇ obligated to consent to annexation, to cooperate in signing or joining in any petition for annexation for the subject tract and that mandamus would be an appropriate remedy in the event of refusal so to do, and, ifthe if the City has to resort to Court proceedings to enforce this obligation, the City shall be entitled to recover reasonable attorney's fees. Owner agrees The parties agree that nothing in this section shall preclude the voluntary annexation of the subject tract or any portion thereof earlier than would otherwise be required. Section 2: The Owner agrees to accept the direct conversion ofChampaign County zoning from B-4 General Commercial to City of Urbana B-3 General Business zoning classification as provided for by the Urbana Zoning Ordinance Section IV-5 and as such exists at the time of annexation. Furthermore, the Owner agrees to abide by all applicable development regulations existing at the time of annexation. Section 3: The Owner shall take no action or omit to take action during the term of this Agreement which action or omission, as applied to the tracts, would be a breach of this Agreement, without first procuring a written amendment to this Agreement duly executed by both the Owner and the City. Section 4: The Owner agrees to cause all new development, construction, or additions on said tracts to be in conformance with all City of Urbana Codes and Ordinances if the tract is within the City limits at any point during the time of construction. If the Owner commences prior to annexation, the Owner agrees to cause all new development, construction, or additions on said tracts to be in conformance with the City of Urbana construction building, electrical, fire, mechanical and plumbing codes, orders or regulations in effect at the time of annexation. If construction commences prior to ▇▇▇ ▇▇▇▇, the Owner further agrees to submit all building construction plans to the City of Urbana for review and further a ees to pay all plan review and building permit fees just as though the construction were taking place within the Urbana City limits. The Owner further agree to correct any deficiencies ▇▇▇▇ ▇▇ in said plan review. In addition, the Owner agrees that all construction will be subject to the same building and construction inspection requirements as construction projects within the City limits. Section 5: The Owner agrees that any buildings or structures, other than single-family or agricultural structures, existing at the time of annexation and not new construction subject to Article I. Section 4 above, must be brought into conformance with the City of Urbana Existing Structures Code in a time fr agreed to by the City of Urbana Community Development Director , except that any immediate health or life safety threats must be brought into compliance immediately.

Appears in 1 contract

Sources: Annexation Agreement