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

REPRESENTATIONS AND OBLIGATIONS OF THE OWNERS. The Owner agrees to the following provisions: (a) The Owner represents that the Owner is the sole record Owner of the tract described in Exhibit A and that the Owner shall, within thirty (30) days of the approval of this agreement cause the 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 of the subject tract occurs, the 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 Owners shall file such written agreement with the City Clerk within thirty (30) days of the signing of such. (b) The 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. The Owner agrees that the substance of this provision regarding annexation shall be included in the subdivision covenants and such will constitute a covenant running with the land. (c) The Owner agrees that if the Owner 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 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 themselves, successor and assigns, and all other persons intended herein to be 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, if the City has to resort to Court proceedings to enforce this obligation, the City shall be entitled to recover reasonable attorney's fees. 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 accepts the City of Urbana zoning classification of IN, Industrial, as provided for in Article IV of the Urbana Zoning Ordinance. The Owner agrees that, unless changed upon the initiative of the Owner the said City zoning classifications for said 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. The Owner agrees to use the tract only in compliance with the regulations and provisions of the Urbana Zoning Ordinance and this agreement as each may be amended from time to time.

REPRESENTATIONS AND OBLIGATIONS OF THE OWNERS. The Owner agrees Owners agree to the following provisions: (a) Section 1: The Owner represents Owners represent that the Owner is they are the sole record Owner Owners of the tract described in Exhibit A “A” and that the Owner shall, within thirty (30) days of the approval of this agreement they will cause the said tract to be annexed to the City of Urbana by filing a legally sufficient annexation petition petition, signed in compliance with all required signatures thereonthe Illinois Statutes for such tract, all in accordance with Illinois Statutes. Until annexation of the subject tract occurs, the 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 follows: The petition for annexation of the subject tract. The Owners shall file such written agreement entire Sunny Estates Subdivision will be filed with the City Clerk within thirty (30) days of the signing of such. (b) The Owner further agrees that the substance of this Section of the Annexation Agreement shall be included in any sales contract for prior to the sale of any portion lots in the Subdivision (a copy of which is attached hereto as Exhibit “C”) within 30 days following the Corporate Authorities’ approval of the subject tract. Preliminary and Final Plat of Sunny Estates Subdivision The Owner Owners agrees that to comply with all applicable development regulations existing at the substance time of this provision regarding annexation shall be included in the subdivision covenants and such will constitute a covenant running with the land. (c) The Owner agrees that if the Owner 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 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 themselves, successor and assigns, and all other persons intended herein to be 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, if the City has to resort to Court proceedings to enforce this obligation, the City shall be entitled to recover reasonable attorney's fees. 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 accepts Owners agree to accept the City of Urbana zoning Urbana’s R-2, Single-Family Residential Zoning District classification of IN, Industrial, as provided for all the land set out in Article IV of the Urbana Zoning OrdinanceExhibit “B”. The Owner agrees Owners agree that, unless changed upon the initiative of the Owner Owners the said City zoning classifications classification for said 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. The Owner agrees Owners agree to use the tract only in compliance with the regulations and provisions of the Urbana Zoning Ordinance and this agreement as each such may be amended from time to time. Section 3: The Owners agree to cause all new development, construction, or additions on said tract to be in conformance with all City of Urbana building, electrical, fire, and plumbing codes, orders or regulations in effect at the time of annexation. The Owners agree to submit all building construction plans to the City of Urbana for review. The Owners further agree to correct any deficiencies identified in said plan review. Section 4: The Owners shall take no action or omit to take action during the term of this Agreement which action or omission, as applied to the tract, would be a breach of this Agreement, without first procuring a written amendment to this Agreement duly executed by both the Owners and the City.

REPRESENTATIONS AND OBLIGATIONS OF THE OWNERS. The Owner agrees Owners agree to the following provisions: (a) The Owner represents Owners represent that the Owner is Owners are the sole record Owner Owners of the tract described in Exhibit A and that the Owner Owners shall, within thirty (30) days of the approval of this agreement property becoming contiguous to the Urbana City limits cause the 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 of the subject tract occurs, the 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 Owners shall file such written agreement with the City Clerk within thirty (30) days of the signing of such. (b) The 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. The Owner agrees If the subject tract is to be platted for subdivision, the Owners agree that the substance of this provision regarding annexation shall be included in the subdivision covenants and such will constitute a covenant running with the land. (c) The Owner Owners agrees that if the Owner 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 owner(s) as a result, the Owner 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 themselves, successor and assigns, and all other persons intended herein to be 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, if the City has to resort to Court proceedings to enforce this obligation, the City shall be entitled to recover reasonable attorney's fees. 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 accepts Owners accept the City of Urbana zoning classification of INR-2, IndustrialSingle- Family Residential, as provided for in Article IV of the Urbana Zoning Ordinance. The Owner agrees Owners agree that, unless changed upon the initiative of the Owner Owners the said City zoning classifications for said 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. The Owner agrees Owners agree to use the tract only in compliance with the regulations and provisions of the Urbana Zoning Ordinance and this agreement as each such may be amended from time to time. Section 3: The Owners agree that at any such time subsequent to execution of this agreement that the property is proposed to be divided or any of the structures are to be sold individually the Owners will prepare and submit to the City of Urbana a subdivision plat to be recorded under the requirements of the City of Urbana Subdivision and Land Development Code. Section 4: The Owners agree to cause any new development, construction, or additions on said tract to be in conformance with all City of Urbana building, electrical, fire, and plumbing codes, orders or regulations in effect at the time of such construction. The Owners agree to submit all building construction plans to the City of Urbana for review and further agree to pay the building permit fee. The Owners further agree to correct any deficiencies identified in said plan review. In addition, the Owners agree that all construction will be subject to the same building and construction inspection requirements as construction projects within the City limits. Section 5: The Owners shall take no action or omit to take action during the term of this Agreement which action or omission, as applied to the tract, 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. Said action includes petitioning for a county rezoning of said tract without a written amendment to this Agreement. Section 6: In order to comply with Illinois EPA permit requirements, the Owners intend to install a private sanitary lift station. The Owners shall be wholly responsible for construction, operation and maintenance in conformance with Illinois EPA requirements. At such time as the property is subdivided (see Section 3), a homeowners association shall be established to operate and maintain the private sanitary lift station in conformance with Illinois EPA requirements. Establishment of the homeowner's association and identification of its duties shall be contained within the Owner's Certificate to be recorded along with the subdivision plat(s).

REPRESENTATIONS AND OBLIGATIONS OF THE OWNERS. The Owner agrees Owners agree to the following provisions: (a) The Owner represents Owners represent that the Owner is Owners are the sole record Owner Owners of the tract described in Exhibit A and that the Owner Owners shall, within thirty (30) days of the approval of this agreement property becoming contiguous to the Urbana City limits cause the 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 of the subject tract occurs, the 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 Owners shall file such written agreement with the City Clerk within thirty (30) days of the signing of such. (b) The 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. The Owner agrees If the subject tract is to be platted for subdivision, the Owners agree that the substance of this provision regarding annexation shall be included in the subdivision covenants and such will constitute a covenant running with the land. (c) The Owner Owners agrees that if the Owner 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 owner(s) as a result, the Owner 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 themselves, successor and assigns, and all other persons intended herein to be 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, if the City has to resort to Court proceedings to enforce this obligation, the City shall be entitled to recover reasonable attorney's fees. 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 accepts the City of Urbana zoning classification of IN, Industrial, as provided for in Article IV of the Urbana Zoning Ordinance. The Owner agrees that, unless changed upon the initiative of the Owner the said City zoning classifications for said 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. The Owner agrees to use the tract only in compliance with the regulations and provisions of the Urbana Zoning Ordinance and this agreement as each may be amended from time to time.