R-62-10 Res. Maint & Easemet Agrmt Singer LandingRESOLUTION
RESOLUTION ACCEPTING A
"MAINTENANCE & EASEMENT AGREEMENT"
WHEREAS, the Village and the Singer Landing Condominium Association needs a "Maintenance &
Easement Agreement" to outline maintenance of certain improvements, which have been
constructed and exist on the portion of the Village Property, at the Singer Landing Condominiums;
and
WHEREAS, said "Maintenance & Easement Agreement" allows for the maintenance of same, as
stated above.
NOW THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Lemont
that the "Maintenance & Easement Agreement" attached hereto is hereby accepted.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
LEMONT, COUNTIES OF COOK, WILL AND DuPAGE, ILLINOIS, on this 25th day of October, 2010.
Debby Blatzer
Paul Chialdikas
Clifford Miklos
Rick Sniegowski
Ronald Stapleton
Jeanette Virgilio
AYES NAYS PASSED ABSENT
v.
v
V
V
V
v
Approved by me this 25th day of October, 2010.
Attest:
CHARLENE SMOLLEN, Village Clerk
CHARLENE SMOLLEN, Village Clerk
4,
N K. REAVES, illage President
Approved as to form:
Daniel P. Blondin, Village Attorney
Date:
This instrument was prepared by
and after recording should be returned
to:
Brian Meltzer
MELTZER, PURTILL & STELLE LLC
1515 East Woodfield Road
Second Floor
Schaumburg, IL 60173 -5431
MAINTENANCE AND EASEMENT AGREEMENT
Re: Easement Parcel North of Singer Landing Condominium
This Maintenance and Easement Agreement ( "Agreement ") is made by and between the
Village of Lemont, an Illinois municipal corporation ( "Village "), Lennar Communities of Chicago
L.L.C., an Illinois limited liability company ( "Developer "), and Singer Landing Condominium
Association, an Illinois not for profit corporation ( "Association ").
RECITALS
Developer held title to all of the real estate legally described in Exhibit A hereto ( "Singer
Landing Subdivision "). Village is the owner of the real estate north of and adjoining Lot 1 in the
Singer Landing Subdivision ( "Village Property ").
Developer recorded the Declaration of Condominium Ownership for Singer Landing
Condominium in Cook County, Illinois, on February 23, 2007,. as Document No. 0705415134
( "Declaration ") with respect to a portion of the Singer Landing Subdivision. The Declaration has
since been supplemented from time to time to add additional portions of the Singer Landing
Subdivision to the terms of the Declaration. It is currently planned that all of the real estate in the
Singer Landing Subdivision, other than Talcott Avenue and Grace Court, will be made subject to the
Declaration, or to a separate, non - condominium declaration. The Association administers the real
estate which is, from time to time, subject to the Declaration and is responsible for performing other
responsibilities as required from time to time under the Declaration.
Certain improvements, including retaining walls, landscaping and a bike path running
perpendicular to the existing "Illinois and Michigan Canal Path" ( "Improvements ") have been
constructed and exist on the portion of the Village Property which is legally described and depicted
on Exhibit B attached hereto ( "Easement Parcel "). It was always intended that the Association
would be responsible for the ongoing maintenance, repair and replacement of the Improvements
located on the Easement Parcel.
{30034: 131: 00566679.DOC: }
The parties desire to establish and formalize their agreements concerning the obligation of
the Association to maintain, repair and replace the Improvements located on the Easement Parcel and
the right of the Association to come upon the Easement Parcel in order to do so.
ACCORDINGLY, the parties agree as follows:
1. The Village hereby grants to the Association a non - exclusive, perpetual
easement for access over and across the Easement Parcel for the purpose of providing all
necessary maintenance, repairs and replacements of the Improvements located on the
Easement Parcel.
2. The Association shall be responsible for and shall furnish all maintenance,
repair and replacement of the Improvements, in accordance with generally acceptable
maintenance standards and any reasonable requirements established by the Village from time
to time. The Developer shall amend the Declaration to provide for such maintenance, repairs
and replacements to be performed by the Association.
3. If the Association fails to perform the maintenance, repairs or replacements
required to be performed by the Association hereunder, then the Village shall have the right
(but shall not be obligated) to give notice to the Association of its perform its obligations. If
such notice is given, and the Association does not perform to the reasonable satisfaction of
the Village within thirty (30) days after the giving of such notice, then the Village may (but
shall not be obligated to) perform any and all work which it reasonably deems necessary and
appropriate, either directly or through contractors engaged by the Village, and the
Association shall, upon demand, reimburse the Village for the reasonable cost of such work.
Any amount due by the Association to the Village hereunder which is not paid within thirty
(30) days after payment is requested hereunder shall bear interest at the rate of four percent
(4 %) above the "prime rate" of interest as published from time to time in the Wall Street
Journal from the due date to the date when paid. The Village may bring an action against the
Association to recover any amount due to the Village hereunder (together with interest, costs
and reasonable attorney's fees for any such action, which shall be added to the amount due to
the Village and included in any judgment rendered in such action).
4. This Agreement shall be recorded in the public records of Cook County,
Illinois to evidence the agreements made hereunder; which agreements shall be perpetual and
shall run with and bind the Singer Landing Subdivision and the Easement Parcel, subject to
the terms hereof.
5. This Agreement shall be construed and enforced in accordance with, and
governed by, the laws of the State of Illinois.
6. This Agreement may be amended by the parties by an instrument executed by
the Village and Association and, until such time as the Developer no longer holds or controls
title to any portion of the Singer Landing Subdivision, the Developer. An amendment hereto
shall only become effective when it is recorded with the Recorder of Deeds for Cook County,
Illinois.
(30034: 131: 00566679.DOC : } 2
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of
, 2010.
VILLAGE OF LEMONT, an Illinois
municipaloor: oration
AILbmialcd
Its: Village Clerk
{30034: 131: 00566679.DOC : } 3
LENNAR COMMUNITIES OF CHICAGO
L.L.C., an Illinois limited liability company
By:...
SINGER LANDING CONDOMINIUM
ASSOCIATION, an Illinois not for profit
corporation
By:
It
etilipt",,i2
fto4 \fy:
STATE OF ILLINOIS
COUNTY OF ,;r'a f
)
)
)
z I, the� dersigned, a notary public in and for the coup in the state aforesaid, do hereby certify
that 6v actin i( I U Qj , Village Mayor, and VAI o t l 2in , Village Clerk, personally
known to me to be the same persons whose names sribed to the foregoing instrument, appeared
before me this day in person and acknowledged, signed and delivered the said instrument as such
President and Village Clerk, respectively, as their free and voluntary act and as the free and voluntary act
of the Village of Lemont, for the purposes therein set forth.
Given under my hand and official seal
STATE OF J LINOIS )
)
)
COUNTY OF
2_<S day of
%3t 6 , 2010.
ublic
1, the undersigned, a notary public in and for the county in the state aforesaid, do hereby certify
that 1) Bo 6_v. , personally known to me to be the same person whose name is subscribed to the
foregoing instrument, appeared before me this day in person and acknowledged, signed and delivered the
said instrument as the authorized signatory for Lennar Communities of Chicago L.L.C., and Illinois
]'anted liability company ( "Company "), as his free and voluntary act and as the free and voluntary act of
the Company, for the purposes therein set forth.
Given under my hand and official seal this l *- . day of n ck , 2010.
STATE OF ILLINOIS
COUNTY OF C.c
)
)
)
Notary Public
OFFICIAL SEAL
TERRI J. SOLOMON
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES MAY 11.2013
I, the undersigned, a notary public in and for the county in the state aforesaid, do hereby certify
that Gutty..., tniti 1,�.,t� cs^ , the V 1)irt_L(to r 1- of Singer Landing Condominium Association, an
Illinois not for profit corporation ( "Association "), personally known to me to be the same person whose
name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged,
signed and delivered the foregoing instrument, as his free and voluntary act and as the free and voluntary
act of the Association, for the purposes therein set forth.
Given under my hand and official seal this i . � day of 0 c.- 6t(2a.A , 2010.
130034: 131: 00566679.DOC : )
Notary Public
OVFICIAL SEAL
t RI J SOLOMON
NO T A4: Pubt.K: • STATE OF ILLINOIS
MY COMM(3=3tON ErPIRES MAY 11. 2013
EXHIBIT A
Legal Description of Singer Landing Subdivision
All Lots in Singer Landing, being a subdivision in the East 1/2 of the Southeast %4 of Section 20,
Township 37 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois,
pursuant to the plat thereof recorded in Cook County, Illinois, as Document No. 0504627061.
PINS:
22- 20- 409 -010
22 -20- 409 -011
22- 20- 414 -013
22 -20 -416 -002
22 -20- 416 -004
{30034: 131: 00566679.DOC : } 5
EXHIBIT B
Legal Description and Depiction of Easement Parcel
[See attached]
{30034: 131: 00566679.1)0C: }
10 1 11111101 IVO"'
§
\