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HomeMy WebLinkAbout77-0831 Muscat SITE IMPROVEMENT PERFORMANCE AGREEMENT This agreement made this :3t day of a� , 1977, between the City of Elgin, Illinois, as a municipal corporation, hereinafter called "City" and Armond Muscat and Jean Muscat, Box 251, Algonquin, Illinois, hereinafter called "Builder". WITNESSETH WHEREAS, the Municipal Code of the City of Elgin requires that before an occupancy permit is issued for any new construction or any change in use, the building and site must be brought into strict compliance with the requirements of said ordinance and the specifications of the City of Elgin, and; 4REAS, an occupancy permit will be issued by the City of Elgin subject to the completion of required parking lot improvements. NOW, THEREFORE, in consideration of the promises and mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Builder has agreed to construct parking lot improvements at 796 Bluff City Boulevard in the City of Elgin, which will include the follow- ing items: the planting of twelve (12) trees and 430 lineal feet of privet hedge -- one bush per three feet, and 243 lineal feet of P.C. Concrete curb, as per the revised site plan dated February 17, 1977 with W. A. Rakow and Associates. 2. Builder, in consideration of City issuing an occupancy permit before compliance, agrees to assign all right, title and interest in a joint savings account with the City of Elgin in the amount of One Thousand Three Hundred ($1,300.00) Dollars as a guarantee for the performance of the above construction. 3. Builder agrees to construct the improvements in accordance with the ordinances and specifications of the City of Elgin applicable thereto and further agrees to complete such construction not later than twelve (12) months after the date of this agreement. 4. Should the Builder fail to satisfactorily complete the above improvements as aforesaid not later than the date specified, then the City of Elgin may at its option, immediately proceed to complete the construction Page 1 of 2 o t 4 of said improvements and to apply the funds held by the City for the cost of completing the construction of such improvements. Upon completion by the City any funds held and not required to be applied for the construction shall be returned to the Builder. 5. If the Builder shall fully complete all improvements specified herein, prior to the deadline specified above, the City shall return the passbook and sign a withdrawal form upon proper final inspection of the City's Department of Community Development and upon written release of the City within thirty days after notification of completion. 6. This agreement shall be binding upon the heirs, administrators, executors and assigns of the Builder. IN WITNESS WHEREOF, the parties have executed the agreement the day and year first above written. CITY OF ELGIN, Department of Community Development �1 By -� :met! Donald Wagner 17 BUILDER �df / N. Page 2 of 2 SITE IMPROVEMENT PERFORMANCE AGREEMENT This agreement made this 31 day of (1 , 1977, between the City of Elgin, Illinois, as a municipal corporation, hereinafter called "City" and Armond Muscat and Jean Muscat, Box 251, Algonquin, Illinois, hereinafter called "Builder". WITNESSETH WHEREAS, the Municipal Code of the City of Elgin requires that before an occupancy permit is issued for any new construction or any change in use, the building and site must be brought into strict compliance with the requirements of said ordinance and the specifications of the City of Elgin, and; WHEREAS, an occupancy permit will be issued by the City of Elgin subject to the completion of required parking lot improvements. NOW, THEREFORE, in consideration of the promises and mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Builder has agreed to construct parking lot improvements at 796 Bluff City Boulevard in the City of Elgin, which will include the follow- ing items: removal of building material which was relocated during construc- tion from building site to the adjoining flood fringe and flood plain, as per the revised site plan dated February 17, 1977 with W. A. Rakow and Associates. 2. Builder, in consideration of City issuing an occupancy permit before compliance, agrees to assign all right, title and interest in a joint savings account with the City of Elgin in the amount of Six Hundred ($600.00) Dollars as a guarantee for the performance of the above construction. 3. Builder agrees to construct the improvements in accordance with the ordinances and specifications of the City of Elgin applicable thereto and further agrees to complete such construction not later than eighteen (18) months after the date of this agreement. 4. Should the Builder fail to satisfactorily complete the above improvements as aforesaid not later than the date specified, then the City of Elgin may at its option, immediately proceed to complete the construction Page 1 of 2 of said improvements and to apply the funds held by the City for the cost of completing the construction of such improvements. Upon completion by the City any funds held and not required to be applied for the construction shall be returned to the Builder. 5. If the Builder shall fully complete all improvements specified herein, prior to the deadline specified above, the City shall return the passbook and sign a withdrawal form upon proper final inspection of the City's Department of Community Development and upon written release of the City within thirty days after notification of completion. 6. This agreement shall be binding upon the heirs, administrators, executors and assigns of the Builder. IN WITNESS WHEREOF, the parties have executed the agreement the day and year first above written. CITY OF ELGIN, Department of Community Development ) �� By ` /a._ Donald Wagner BUILDER , )////4-ifj/ . I Page 2 of 2