2011 036 Ordinance - Laserfiche WebLink

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WHEREAS, the parties desire to enter into this Development Agreement in order to set forth the respective rights, agreements and obligations of the parties as more fully provided herein. WITNESSETH: For and in consideration of the covenants herein contained and upon the terms and conditions herein set forth, the Village and Deacon hereby agree as follows: 1. Construction of Improvement. Deacon shall construct and install on the Deacon Property, in a good and workmanlike manner, according. to all applicable Village specifications and approvals, the Improvement, more fully identified and substantially depicted on Exhibit "C". All applications shall be submitted and fees paid in accordance with applicable laws, rules, regulations, codes and ordinances. Such permits necessary for the Improvements shall be issued by the Village as soon as practicable after submittal and in the usual course of business. 2. Timing of Improvement. Deacon shall commence work upon the Improvement no later than twelve (12) months after the Permit Contingency and Rezoning Contingency have been satisfied and shall thereafter, diligently pursue completion of such Improvement. 3. Restoration. Upon completion of the Improvement, Deacon shall repair and restore, to at least the same or similar condition as existed prior to the Improvement, any damage caused to any Village Propertyas a result of such Improvement being constructed and installed. 4. Improvement Terms, Conditions and Deed Restrictions. a) The Rezoned Property shall only be used in conjunction and coordination with a car dealership. If its use as a car dealership is discontinued in any way for more than twelve (12) months the Rezoned Property shall automatically revert to its prior U-1 Single Family Residential zoning. Notwithstanding, this time period maybe shortened or extended by mutual agreement of the Parties hereto in writing. b) In the event that the rezoning for the Rezoned Property is approved by a referendum vote, then promptly and forthwith, all properties, including the Rezoned Property, currently used and to be used by Deacon for the car dealership shall be consolidated pursuant to an approved and recorded lot consolidation plat. c) The following provisions shall be subject to final site plan approval, pursuant to established Village procedures: i. A landscaped setback for the Rezoned Property shall be constructed and maintained along Wilson Mills Road and shall not be .less than thirty (30) feet.. The setback shall be developed, mounded and 2