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SITE DIPROVEP•1ENT PERFORMANCE ACREEENT
This agreement made this 4th day of May, 1978, 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, a building permit will be issued by the City of Elgin
subject to the completion of required lot improvements; and
WHEREAS, the City of Elgin and Builder have entered into site
improvement performance agreements dated August 31, 1977; and
WHEREAS, Builder has proposed new construction on the same
property which has eliminated some of the required improvements as specified
in those agreements.
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 lot improvements at 796 Bluff
City Boulevard in the City of Elgin, which will include the following items:
the installation of the curbing and landscaping requirements along the west
line of Phase I in the event Phase II does not proceed as per the site plan
dated February 18, 1978 with Moulis and Associates revised March 17, 1978
and finaled by the City of Elgin April 17, 1978.
2. Builder, in consideration of City issuing a building 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 Nine
iundred ($1,900.00) Dollars as a guarantee for the performance of the above
construction. Said amount shall be the funds held as per the site perform-
ance agreements entered into between the City of Elgin and Builder dated
August 31, 1978.
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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 completion of Phase I.
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 construc-
tion 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 construc-
tion 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 releasse 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
date and year first above written.
CITY OF ELGIN
Department of Community Development
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BUILDER
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