/ Agreement for Restoration
of Access Rights
Route / Project
Section / Job No.
County / Parcel / Unit

This Agreement, made and entered into this day of , by and between the State of Illinois, acting by and through its Department of Transportation, hereinafter called the “STATE” and , hereinafter referred to as the “DEVELOPER.”

WITNESSETH

WHEREAS, the DEVELOPER is the OWNER of property adjacent to Route , formerly a freeway with access limited thereto, at a location near the , and .

WHEREAS, the DEVELOPER desires to construct a commercial entrance to serve a proposed commercial unit in accordance with minimum design as shown in Exhibit “A” attached hereto and made a part hereof.

WHEREAS, the state of , , acquired the access rights to the property now owned by the DEVELOPER except for a permissible entrance for residential and farming purposes.

WHEREAS, the STATE has revised the freeway designation so as to terminate the freeway at on Route .

NOW THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, the DEVELOPER AGREES TO:

  1. Reconstruct, at his own cost and expense the existing entrance to serve the commercial unit in accordance with STATE recommendations and specifications, will be not less than a minimum design as shown on Exhibit “A” attached hereto and made a part hereof.
  1. Prepare at his own cost and expense such plans as are necessary to reconstruct the aforesaid entrance and submit such plans to the STATE for approval prior to reconstruction and prior to the issuance of temporary entrance permit.
  1. Upon execution of this agreement, place on deposit with the STATE a certified check made payable to the Treasurer of the State of Illinois in the amount of $, which amount has been established by an approved appraisal as the value of access rights to be restored by legislation to the following described property owned by the DEVELOPER.

(PROPERTY DESCRIPTION)

  1. Reconstruct and maintain at his own cost and expense, the permitted entrance to serve the commercial unit from the end of the payment to the right of way line.

The STATE agrees to:

  1. Recommend to the Session of the Legislature, the restoration of access rights to the property owned by DEVELOPER heretofore described upon payment of the sum of $ and completion of all other agreements contained herein.

Provide the DEVELOPER with STATE recommendations and specifications to be used in preparation of the entrance.

  1. Issue a temporary entrance permit which will terminate not more than one year after execution of this agreement by the STATE.
  1. Issue a permit for the permanent entrance upon approval of the entrance as reconstructed, restoration of the access rights, payment to the STATE and execution of this joint agreement.

The provisions above notwithstanding, this Agreement shall be null and void in the event that restoration of the access rights is not accomplished by the Legislature at its Session or upon failure of the DEVELOPER to keep any of the covenants or agreements contained herein and if null and void the DEVELOPER agrees to remove the entrance temporarily permitted herein within a reasonable time after notice from STATE not to exceed ninety (90) days and to restore the area to its previously existing condition; and to cease all commercial operations through this entrance. In the event the DEVELOPER fails to restore the entrance to the original residential entrance, the STATE reserves the right to do so at the cost and expense of the DEVELOPER, retaining so much of the $ deposited with the STATE as may be required to cover the cost, and billing the DEVELOPER for the excess cost, if any, which excess the DEVELOPER agrees to pay within a period of sixty (60) days after notification is submitted by the STATE in writing.

IN WITNESS THEREOF, the parties have caused this AGREEMENT to be executed as of the date first written above.

DEVELOPER (also known as OWNER)

By:

(SEAL)Signature

Title:

Notary Public

My Commission Expires:

STATE OF ILLINOIS acting by and through its

DEPARTMENT OF TRANSPORTATION

Attest:By:

DirectorSecretary

Office of Program Development

Page 1 of 2 LA 694C Template (Rev. 09/16/16)