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O-92-06 10/09/2006 ORDINANCE NO.6??le,? AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR APPROXIMATELY 10 ACRES LOCATED AT 15070 AND 15884 127` STREET (22-33-100-005 AND 22-33-100-006) (Krystyna Crossing) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 9TH DAY OF OCTOBER, 2006 PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL AND DUPAGE COUNTIES, ILLINOIS, THIS 9TH DAY OF OCTOBER, 2006 ORDINANCE NO. 9? - O6 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR APPROXIMATELY 10 ACRES LOCATED AT 15070 AND 15884 127th STREET (22-33-100-005 AND 22-33-100-006) (Krystyna Crossing) WHEREAS, Andrzej L. Bednarczyk of All Pro Development, Inc., has petitioned the Village of Lemont for annexation of the territory located at 15070 and 15884 127'h Street, described in Exhibit A and depicted on Exhibit B (Subject Property): and Whereas, the owner of the Subject Property is ready, willing and able to enter into an annexation agreement and perform the obligations as required therein; and WHEREAS, the Village Board of the Village of Lemont has determined it is in the best interest of the Village of Lemont to enter into Annexation Agreement attached as Exhibit C; WHEREAS, the statutory procedures provided for in the Illinois Municipal Code for the execution of said agreement have been fully complied with. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE, AND WILL, STATE OF ILLINOIS, AS FOLLOWS: SECTION 1: That this ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE, AND WILL, ILLINOIS, on this 9th day of October, 2006. AYES Debbie Blatzer L/ Peter Coules L/ Clifford Miklos L/ Brian Reaves V Ron Stapleton L/ NAYS ABSTAIN ABSENT Jeanette Virgilio Attest: A LENE SMOLLE, Village Clerk Approved by me this 91" day of October, 2006 I. _ 11 EXHIBIT A PARCEL 1: THE EAST HALF OF THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. (22-33-100-006) PARCEL 2: THE WEST QUARTER OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. (22-33-100-005) KRYSTYNA CROSSING SUBDIVISION ANNEXATION AGREEMENT ARTICLE TITLE I Annexation II Zoning and Land Use Restrictions III Required Improvements IV Dedication and Construction of Streets, Sidewalks, Miscellaneous V Changes to Development Plan VI Contributions and Annexation Fees VIII Easements and Utilities IX Development Codes and Ordinances and General Matters X Approval of Plans XI Notice of Violations XII Maintenance Bond XIII Damage to Public Improvements XIV Binding Effect and Term and Covenants Running with the Land XV Notices XVI Certificates of Occupancy XVII Reimbursement of Village for Legal and Other Fees and Expenses XVIII Warranties and Representations ARTICLE TITLE XIX Continuity of Obligations XX No Waiver or Relinquishment of Right to Enforce Agreement XXI Village Approval or Direction XXII Singular and Plural XXIII Section Headings and Subheadings XXIV Recording XXV Authorization to Execute XXVI Amendment XXVII Counterparts XXVIII Curing Default XXIX Conflicts Between the Text and Exhibits XXX Severability XXXI Definition of the Village XXXII Execution of this Agreement -2- EXHIBITS EXHIBIT TITLE A Legal Description of Subject Property B Plat of Annexation of Subject Property dated February 14, 2004 C Preliminary Plat of Subdivision with a revision date of June 9, 2006 D Preliminary Engineering Plan (25 Pages) with a revision date of August 22, 2006 E Memorandum from Crawford, Murphy and Tilly dated September 7, 2006 E Existing Tree Inventory, dated February 2006 F Preliminary Tree Preservation Plan with a revision date of March 13, 2006 G Preliminary Landscape Plan with a revision date of March 13, 2006 H Letter from Urban Forest Management, Inc. dated July 8, 2006 I Declaration of Covenants, Conditions and Restrictions -3- KRYSTYNA CROSSING SUBDIVISION ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this day of 2006, between the VILLAGE OF LEMONT, a municipal corporation of the Counties of Cook, DuPage and Will, in the State of Illinois (hereinafter referred to as "VILLAGE") and ALL PRO DEVELOPMENT, INC. (hereinafter referred to as the "OWNER" and/or "DEVELOPER"). WHEREAS, the OWNER is the Owner of Record of the real estate, the legal description of which is attached hereto as Exhibit "A" (hereinafter referred to as the "TERRITORY") and by this reference is made a part hereof, and WHEREAS, the TERRITORY has not been annexed to any municipality; and, WHEREAS, the TERRITORY constitute an area that is contiguous to and may be annexed to the VILLAGE, as provided under the Illinois Municipal Code, 65 ILCS 5/7-1-1, et. seq.; and, WHEREAS, the OWNER and VILLAGE agree that they will be bound by the terms of this Annexation Agreement; and, WHEREAS, the VILLAGE would extend its zoning, building, health and other municipal regulations and ordinances over the TERRITORY, thereby protecting the VILLAGE from possible undesirable or inharmonious use and development of unincorporated areas surrounding the VILLAGE; and, WHEREAS, the new boundaries of the VILLAGE OF LEMONT, resulting from this Annexation shall extend to the far side of every highway and shall include all of every highway not already annexed; and, WHEREAS, the parties desire, pursuant to Chapter 65, Article 5, Section 11-15.1 of the Illinois Municipal Code, to enter into an Agreement with respect to Annexation of the TERRITORY and various other matters; and, WHEREAS, pursuant to the provisions of the Statute, the corporate authority of said VILLAGE has duly fixed a time for and held a hearing upon the Annexation Agreement and has given notice of said hearing; and, WHEREAS, The corporate authority of the VILLAGE has considered the Annexation of the TERRITORY described in the Petition and has determined that the best interest of the VILLAGE will be met if the TERRITORY are annexed to the VILLAGE and developed in accordance with the provisions of the Agreement. -4- NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter contained, the parties agree as follows: ANNEXATION 1. Subj ect to the provisions of Chapter 65, Article 5 Section 7 of the Illinois Municipal Code, the parties hereto respectively agree to do all things necessary or appropriate to cause the TERRITORY to be validly annexed to the VILLAGE as promptly as possible after execution of this agreement. 2. The Plat of Annexation of said TERRITORY is attached hereto as Exhibit "B". Said Plat extends the new boundaries of the VILLAGE to the far side of any adjacent highway not already annexed and includes all of every highway within the TERRITORY so annexed. II ZONING AND LAND USE RESTRICTIONS 1. Upon the Annexation of the TERRITORY to the VILLAGE, the parcel shown on the plat of annexation attached as Exhibit "B" shall be classified under the existing zoning ordinance, as amended, as R-4 Single Family Detached Residence District with a Special Use for a Planned Unit Development. Prior to the date of this Agreement, such public hearings as are necessary to enable the VILLAGE lawfully to grant said zoning classification as to the TERRITORY have been conducted upon proper notice, and no further action need be taken by the OVvN- ER to cause the TERRITORY to be re-zoned once the TERRITORY is annexed to the VILLAGE. The Zoning Board of Appeals conducted public hearings as necessary to lawfully grant said zoning classification on October 4, November 1 and November 15, 2005. The TERRITORY shall be developed in accordance with Preliminary Plat of Subdivision, prepared by GEOPOOL SURVEYORS, INC. and dated March 8, 2003 with a revision date of June 9, 2006. The following conditions shall be met prior to Final Plat of Subdivision approval: The Preliminary Landscape Plan, as prepared by Couture Landscape Construction and dated September 10, 2005 with a revision date of March 15, 2006, shall be revised to incorporate the comments noted in the letters from Urban Forest Management, LTD dated July 8, 2006. Prior to Final Plat approval the Community Development Director and/or the Urban Forest Management, LTD must review and approve a Final Landscape Plan. 2. The Tree Preservation Plan, as prepared by Couture Landscape Construction and dated September 10, 2005 with a revision date of March 15, 2006, shall be -5- revised to incorporate the comments noted in the letters from Urban Forest Management, LTD dated July 8, 2006. Prior to Final Plat approval the Community Development Director and/or the Urban Forest Management, LTD must review and approve a Final Landscape Plan. 3. The tree inventory, with a revision date of September 7, 2004, shall be revised to incorporate the comments noted in the letters dated October 2, 2004 and October 24, 2005. The tree inventory and the Tree Preservation Plan must correspond with each other. 4. The Final Engineering Plans, prepared by Amerbuild Inc., dated December 1, 2005, with a revision date of August 22, 2006, shall be revised and approved by Crawford Murphy & Tilly, Inc. prior to Final Plat of Subdivision approval. 5. All storm sewers need to be located within public utility easements and out of buildable area of lots. 6. The Final Plat of Subdivision shall show he front yard setbacks for lots 6 - 9 as follows: • Lot 6 - 28 feet; • Lot 7 - 65 feet; • Lot 8 - 40 feet; • Lot 9 - 28 feet. 7. Planned Unit Development approval shall lapse in the event the DEVELOPER does not file for Final Plat of Subdivision within one (1) year of the effective date of this AGREEMENT. 2. As provided in the Lemont Zoning Ordinance (§VII.E.f), the Village has deemed it appropriate to approve the following selected variations: a. To reduce the required lot width at the building line of lot 12 from 90 feet to 88 feet; b. To reduce the required lot width at the building line of lot 17 from 90 feet to 86 feet c. To allow the depth of the retention pond to be a maximum of six feet instead of the Village standard of four feet. 3. Within 30 days after receipt of an application by OWNER for a building permit for construction of any buildings, or other improvements on the TERRITORY, the VILLAGE shall either issue a permit authorizing such construction, issue a permit authorizing such construction subject to satisfaction of specified conditions consistent with the terms of this Agreement, or issue a letter of denial of such permit specifying the basis of said denial by reference to the provisions of the VILLAGE's Building Code applied in accordance with this Agreement, which the subject -6- construction would allegedly violate. If the VILLAGE conditionally approves such a permit, the VILLAGE shall issue the permit unconditionally within five (5) working days after satisfaction by the OWNER of the specified conditions. Any stop order issued by the VILLAGE directing work stoppage on any building or other improvement on the TERRITORY shall specify the section of the VILLAGE's Building Code allegedly violated by the OWNER and shall give the OWNER 30 days in which to cure or diligently commence cure of such violation. Upon correction of any such violation, work on any improvement subject to a stop order may recommence. 4. It is understood and agreed, except as otherwise provided for herein, the Zoning Ordinance, Subdivision Ordinance and Regulations, Building Code and all other ordinances including all fees and charges of the VILLAGE, shall not be frozen during the term of this Agreement, and such ordinances, as the same may from time to time be amended and enforced throughout the VILLAGE, shall apply to the TERRITORY. III REQUIRED IMPROVEMENTS 1. Water Supply. DEVELOPER shall have the right to construct and install at their expense all necessary on-site water mains to service the TERRITORY. All water mains shall be constructed and installed in accordance with the Code of the VILLAGE and final engineering plans approved by the VILLAGE. The VILLAGE agrees to permit connection ofthe aforementioned water mains to the water facilities of the VILLAGE and to furnish water service on the same basis as said services are furnished to other parts of the VILLAGE. 2. Sanitary and Storm Sewers. DEVELOPER shall have the right to construct and install at its expense all necessary- sanitary sewers to service the TERRITORY in accordance with the Subdivision Regulations of the VILLAGE and final engineering plans approved by the VILLAGE. The VILLAGE agrees to permit connection of the aforementioned sanitary sewers to the sanitary sewer facilities of the VILLAGE and to furnish sewer service on the same basis as said services are furnished to other parts of the VILLAGE. DEVELOPER agrees that no surface water is to be discharged into the sanitary sewerage collection system and will make adequate provisions that this will not occur. Tap-on fees required by the Village shall not be waived. DEVELOPER agrees that no surface water is to be discharged into the sanitary sewerage collection system and will make adequate provisions that this will not occur. All detention areas and appurtenant structures such as drains, inlets, and outlets shall be owned and maintained by the DEVELOPER, with right of access by the VILLAGE for emergency maintenance purposes. 3. Detention Area. The DEVELOPER agrees to construct detention basins in accordance with Village standards including the requirement to sod the detention basin, which is to be conveyed -7- and owned by the VILLAGE. IV DEDICATION AND CONSTRUCTION OF STREETS SIDEWALKS AND MISCELLANEOUS 1. Public Improvements. All streets, sidewalks, and other improvements will be constructed in accordance with the plans and specifications as referred to in Article II of this Agreement including but not limited to, streetlights, sidewalks, and landscaping. 2. Dedications. The OWNER/DEVELOPER shall design streets within the TERRITORY according to Article II of this Agreement that comply with Village standards for local streets. All interior streets within the Territory when developed shall be dedicated to the VILLAGE. Said streets shall be constructed in accordance with the final engineering plans approved by the VILLAGE. 3. Miscellaneous. The cost of any sidewalks and street trees to be installed on public rights of way shall be included in the required letters of credit for each phase of the development of the TERRITORY, with the amounts to be computed on the same basis as the amounts to be included in the letter of credit for all other public improvements for the TERRITORY. V. CHANGES TO DEVELOPMENT PLAN The DEVELOPER agrees to submit revised plans to the VILLAGE for any changes to the Development Plan. Any request to increase the number of dwelling units, change the pattern of land use, change the location of streets or street intersections, change the fundamental architectural character of the development, or obtain a variance from the Subdivision Regulations not part of this Agreement; shall be considered "major" changes; other changes shall be considered "minor", in accordance with Section XVI.F of the Lemont Zoning Code. "Major" changes shall require published notice and a public hearing before the Lemont Zoning Board of Appeals to consider an amendment of a Special Use Permit for a Residential Planned Development. After said public hearing the Zoning Board shall forward its recommendation to the Village Board of Trustees, which shall approve or deny the requested amendment. If the changes are "minor," the VILLAGE may approve the Final Plat of Subdivision without additional review and recommendation by the Zoning Board. VI -8- CONTRIBUTIONS AND ANNEXATION FEES 1. The OWNIER/DEVELOPER shall make cash contributions at the time a final development plan or Plat of Subdivision is filed with the VILLAGE, in accordance with the ordinances of the VILLAGE. If a final development plan or Plat of Subdivision is filed within one (1) year of the effective date of this Agreement, the required contributions shall be as follows: School Donation School District 113A High School District $ 62,511.11 $ 31,072.00 Park Donation Library District Lemont Fire District Water Contribution Fee Village of Lemont Village Annexation Fee TOTAL: $132,067.50 $ 4,015.73 $ 7,450.00 ($298 per lot) $ 25,000.00 ($1,000 per lot) $ 6,250.00 ($250 per lot) $ 268,366.34 The abovementioned donations and fees shall be paid prior to Final Plat of Subdivision Approval. 2. The OWNER/DEVELOPER shall pay the following fees for each individual lot: Tap on- Water and Sewer $5,000 per lot When a building permit is issued for an individual lot, then the abovementioned fee shall be collected for that lot. 3. If a final plat of subdivision is submitted to the VILLAGE more than one (1) year after the effective date of this Agreement, the aforesaid contributions and the annexation fee shall be paid in amounts calculated in accordance with the terms of the ordinances of the VILLAGE in effect at the time such final plan or Plat is submitted to the VILLAGE. 4. Contributions Agreement. OWNER/DEVELOPER agrees that any and all contributions, dedications, donations and easements, provided for in this Agreement substantially advance legitimate governmental interests of the VILLAGE, including, but not limited to, providing its 9 residents, and in particular the future residents of the TERRITORY, with access to and use ofpublic utilities, libraries, schools, parks and recreational facilities, police protection, and emergency services. OWNER/DEVELOPER further agrees that the contributions, dedications, donations and easements required by this Agreement are uniquely attributable to, reasonably related to and made necessary by the development of the TERRITORY. VII F,ASEMENTS AND UTILITIES The DEVELOPER agrees to grant to the VILLAGE, and/or obtain grants to the VILLAGE of, all necessary easements for the extension of sewer, water, street, or other utilities, including cable television, or for other improvements, subject to the provisions of the Subdivision Control Ordinance, which are necessary- to the TERRITORY. All such easements to be granted shall name the VILLAGE and/or other appropriate entities designated by the VILLAGE as grantee thereunder. It shall be the responsibility of the DEVELOPER to obtain all easements, both on site and off site, necessary to serve the TERRITORY. All electricity, telephone, cable television and gas lines shall be installed underground, the location of which underground utilities shall be at the DEVELOPERS option, upon approval of the respective utility company. VIII DEVELOPMENT CODES AND ORDINANCES AND GENERAL MATTERS. The development of the TERRITORY annexed shall be in accordance with the existing building, zoning, subdivision, storm water retention and other developmental codes and ordinances of the VILLAGE as they exist on the date each respective permit for development is issued. Planning and engineering designs and standards shall be in accordance with the then existing ordinances of the VILLAGE or in accordance with the statutes and regulations of other governmental agencies having jurisdiction thereof if such standards are more stringent than those of the VILLAGE of Lemont at such time. All fees, etc. set forth under the various ordinances of the VILLAGE shall be paid by the DEVELOPER at the rate set forth in the VILLAGE ordinances at the time each permit is issued. No occupancy permit shall be issued for any building prior to the completion of the required public improvements, including street signs. Provided, however, the construction and installation of the public improvements to be done by DEVELOPER may be commenced at any time after approval of this Agreement by the Village and issuance of permits therefore. Prior to final plat approval, DEVELOPER shall deliver to VILLAGE an irrevocable letter of 10 credit, in a form satisfactory to, and from a bank or other financial institution approved by, the VILLAGE in the amount of 110% of the DEVELOPER'S Engineers estimate of the cost of construction and installation of all such public improvements as approved by the VILLAGE Engineer, including all required lighting, sidewalks, landscaping, street trees, sewer and water lines and storm water management facilities, except to the extent such facilities are to remain private, and after approval of a site development permit by the VILLAGE. At no time shall the Letter of Credit funds be utilized by the DEVELOPER for the future payment of contractors, materials salaries and wages and the like. The VILLAGE makes no guarantees regarding the timely reduction of said Letter of Credit and therefore should not be used for time-sensitive payment purposes. The VILLAGE Engineer may, in his/her discretion, recommend the amount of said letter of credit to be reduced, from time to time, as major public improvements are completed, upon approval of the VILLAGE Board. DEVELOPER, at DEVELOPERS own cost, agrees to provide the VILLAGE "as built", engineering plans and specifications upon substantial completion of the public improvements or at the request of the VILLAGE Engineer but in no event later than the time required by Ordinance No.456, as amended. It is agreed that all of the public improvements contemplated herein shall upon acceptance thereof by the VILLAGE, become the property of VILLAGE and be integrated with the municipal facilities now in existence or hereinafter constructed and VILLAGE thereafter agrees to maintain said public improvements. Acceptance of said public improvements shall be by resolution of the President and Board of Trustees only after the VILLAGE Engineer or VILLAGE Engineer Consultant has issued his Certificate of Inspection affirming the improvements have been constructed in accordance with approved Engineering Plans and Specifications. DEVELOPER agrees to convey by appropriate instrument and VILLAGE agrees to promptly accept, subject to terms hereof, the public improvements constructed in accordance with the Approved Engineering Plans and Specifications. DEVELOPER agrees not to let debris or excessive construction waste accumulate on the TERRITORY. DEVELOPER shall, within ten (10) days of notification of a violation by the VILLAGE, remove all debris from the locations as specified by the VILLAGE. If debris is not removed within this time period, the VILLAGE shall have the right to draw upon the Letter of Credit provided for in this Agreement to remove any such debris on the TERRITORY. The VILLAGE will not draw upon the Letter of Credit if DEVELOPER removes the debris as directed by the VILLAGE within the ten (10) day notice period. IX APPROVAL OF PLANS VILLAGE agrees to expeditiously take action to approve or disapprove all plats, plans and 11 engineering submitted to VILLAGE by DEVELOPER. If VILLAGE shall determine that any such submission is not in substantial accordance with this Agreement and applicable ordinances, the VILLAGE shall promptly notify DEVELOPERS in writing of the specific objection to any such submission so that DEVELOPER can make any required corrections or revisions. X NOTICE OF VIOLATIONS The VILLAGE will issue no stop orders directing work stoppage on building or parts of the project without giving notice of the Section of the Code allegedly violated by OWNER, so the OWNER may forthwith proceed to correct such violations as may exist. Moreover, the OWNER shall have an opportunity to correct possible violations. This paragraph shall not restrain the Building Official from issuing a stop work order in any case where he considers a continuation of the work to constitute a threat to the health or safety of the public or personnel employee on or near the site. VILLAGE shall provide OWNER notice as required by Statute of any matter, such as public hearing, proposed building code changes and policy changes or other matters which may affect the TERRITORY of development of it under this Agreement. XI MAINTENANCE BOND At the time or times of acceptance by VILLAGE of the installation of any part, component or all of any public improvement in accordance with this Section, or any other section of the Agreement, OWNER shall deposit with the VILLAGE a Letter of Credit in the amount of ten percent (10%) of the cost of the approved engineer's estimate of original construction costs. This guarantee shall be deposited with the VILLAGE and shall be held by the VILLAGE for a period of two (2) years after completion and acceptance of all improvements. In the event of a defect in material and/or workmanship within said period, then said security shall not be returned until correction of said defect and acceptance by VILLAGE of said corrections. XII DAMAGE TO PUBLIC IMPROVEMENTS The OWNER shall replace and repair any damage to public improvements installed within, under or upon the subject realty resulting from construction activities by OWNER, their successors or assigns and their employees agents, contractors or subcontractors during the term of this Agreement. OWNER shall have no obligation hereunder with respect to damage resulting from 12 ordinary usage, wear and tear. XIII BINDING EFFECT AND TERM AND COVENANTS RUNNING WITH THE LAND This Agreement shall be binding upon and insure to the benefit of the parties hereto, successor OWNER'S of record of the TERRITORY, assignees, lessees and upon any successor municipal authorities of said VILLAGE and successor municipalities, for a period of 20 years from the date of execution hereof, The terms and conditions of this Agreement relative to the payment of monies to the various VILLAGE recapture funds, contributions to the VILLAGE construction and/or dedication of public improvements, granting of easements to the VILLAGE, dedication of rights-of-way to the VILLAGE and the developmental standards established herein shall constitute covenants which shall run with the land. It is further agreed that any party to this Agreement, either in law or in equity, by suit, action; mandamus, or other proceeding may enforce or compel the performance of this Agreement, or have other such relief for the breach thereof as may be authorized by law or that by law or in equity is available to them. XIV NOTICES Unless otherwise notified in ATiting, all notices, requests and demands shall be in writing and shall be personally delivered to or mailed by United States Certified mail, postage prepaid and return receipt requested, as follows: For the VILLAGE: 1. Village President 418 Main Street Lemont, IL 60439 2. Village Clerk 418 Main Street Lemont, IL 60439 3. Village Administrator 418 Main Street Lemont, IL 60439 13 For OWNER: Or such other addresses that any party hereto may designate in writing to the other parties pursuant to the provisions of this Section. XV CERTIFICATES OF OCCUPANCY 1. Within fifteen (15) days after request by OWNER for a final inspection of a building within the TERRITORY, the VILLAGE shall issue a final certificate of occupancy for such building or issue a letter of denial of a certificate of occupancy identifying the correction necessary as a condition of a certificate of occupancy and specifying the section of the Building Code relied on by the VILLAGE in its request for correction. 2. The VILLAGE, in accordance with the requirements and customary practice of the VILLAGE Building Department, will grant provisional permits for structures between November 1 st and June 1 if weather prevents the OWNER from completing grading, landscaping and exterior concrete or asphalt work for any such structure (it being understood that if other work remains to be done, no occupancy permit, provisional or otherwise, will be issued). As a condition of the issuance of any such provisional occupancy permit, the OWNER shall provide the VILLAGE with a timetable (acceptable to the VILLAGE) for completion of the outstanding work, which timetable shall be deemed a part of the occupancy permit. XVI REIMBURSEMENT OF VILLAGE FOR LEGAL AND OTHER FEES AND EXPENSES 1. To Effective Date of Agreement. The OWNERS/DEVELOPER, concurrently with annexation and zoning of the property or so much thereof as required, shall reimburse the VILLAGE for the following expenses incurred in the preparation and review of this Agreement, and any ordinances, letters of credits, plats, easements or other documents relating to the TERRITORY: a. all attorney's fees incurred by the VILLAGE; and 14 b. miscellaneous VILLAGE expenses, such as legal publication costs, recording fees and copying expenses; and 2. From and After Effective Date of Agreement. Except as provided in the paragraph immediately following this paragraph, upon demand by VILLAGE made by and through its President, OWNERS/DEVELOPER from time to time shall promptly reimburse VILLAGE, for all enumerated reasonable expenses and costs incurred by VILLAGE in the administration of the Agreement, including and limited to engineering fees, cost of any easements, attorney's fees and out of pocket expenses involving various and sundry matters such as, but not limited to, preparation and publication, if any, of all notices, resolutions, ordinances, and other documents required hereunder, and the negotiation and preparation of letters of credit and escrow agreements to be entered into as security for the completion of land improvements. Such costs and expenses incurred by the VILLAGE in the administration of the Agreement shall be evidence to the OWNERS/DEVELOPER upon its request, by a sworn statement of the VILLAGE; and such costs and expenses may be further confirmed by the OWNER/DEVELOPER at its option from additional documents relevant to determining such costs and expenses as designated from time to time by the OWNERS/DEVELOPER. Notwithstanding the immediately preceding paragraph, OWNERS/DEVELOPER shall in no event be required to reimburse VILLAGE or pay for any expenses or costs of VILLAGE as aforesaid more than once, whether such are reimbursed or paid through special assessment proceedings, through fees established by VILLAGE ordinances or otherwise. In the event that any third party or parties institute any legal proceedings against the OWNER/DEVELOPR and/or the VILLAGE, which relate to the terms of this Agreement, then, in that event, the OWNERS/DEVELOPER, upon written notice from VILLAGE, shall assume, fully and vigorously, the entire defense of such lawsuit and the expenses of whatever nature relating thereto: provided, however: a. OWNERS/DEVELOPER shall not make any settlement or compromise of the lawsuit, or fail to pursue any available avenue of appeal of any adverse judgment, without the approval of the VILLAGE, which approval shall not be unreasonable withheld. b. If the Village, in its sole discretion, determines there is or may probably be, a conflict of interest between VILLAGE and OWNERS/DEVELOPER, on an issue of importance to the VILLAGE having a potentially substantial adverse affect on the VILLAGE, then the VILLAGE shall have the option of being represented by its own legal counsel. In the event the VILLAGE exercises such option, then the OWNERS/DEVELOPER shall reimburse the VILLAGE from time to time on written demand from the President of VILLAGE and notice of the amount due for any expenses, including but not limited to court costs, reasonable attorney's fees and 15 witnesses' fees and other expenses of litigation, incurred by the VILLAGE in connection therewith. The obligation of OWNERS/DEVELOPER to reimburse VILLAGE under the terms of this subparagraph 2 shall terminate if no such legal proceedings are brought within one (1) year from the date of the annexation of the TERRITORY and, further, such obligation of reimbursement shall not apply if such legal proceedings are based upon alleged errors, omissions or unlawful conduct of VILLAGE and not OWNERS/DEVELOPER. In the event the VILLAGE institutes legal proceedings against OWNERS/DEVELOPERS for violation of this Agreement, and secured a judgment in its favor, the court having jurisdiction thereof shall determine and include in its judgment all expenses of such legal proceedings incurred by the VILLAGE, including but not limited to the court costs and reasonable attorney's fees, etc., incurred by the VILLAGE in connection therewith. OWNER/DEVELOPER may, in its sole discretion, appeal any judgment rendered in favor of the VILLAGE against OWNERS/DEVELOPER. XVII WARRANTIES AND REPRESENTATIONS The OWNER represents and warrants to the VILLAGE as follows: 1. That identified on page 4 hereof is the OWNER as legal title holder. 2. That the OWNER proposes to develop the TERRITORY in the manner contemplated under this Agreement. 3. That other than the OWNER, no other entity or person has any interest in the TERRITORY or its development as herein proposed. 4. That OWNER has provided the legal description of the TERRITORY set forth in this Agreement and the attached Exhibits and that said legal descriptions are accurate and correct. XVIII CONTINUITY OF OBLIGATIONS Notwithstanding any provisions of this Agreement to the contrary, including but not limited to the sale and/or conveyance of all or any part of the TERRITORY by OWNER and DEVELOPER, OWNER and DEVELOPER shall at all times during the term of this Agreement remain liable to the VILLAGE for the faithful performance of all obligations imposed upon them by this Agreement until such obligations have been fully performed or until the VILLAGE, at its sole option, has otherwise 16 released OWNER and DEVELOPER from any all of such obligations. XIX NO WAIVER OR RELINQUISHMENT OF RIGHT TO ENFORCE AGREEMENT Failure of any party to this Agreement to insist upon the strict and prompt performance of the terms covenants, agreements, and conditions herein contained, or any of them, upon any other party imposed, shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. XX VILLAGE APPROVAL OR DIRECTION Where VILLAGE approval or direction is required by this Agreement; such approval or direction means the approval or direction of the Corporate Authorities of the VILLAGE unless otherwise expressly provided or required by law, and any such approval may be required to be given only after and if all requirements for granting such approval have been met unless such requirements are inconsistent with this Agreement. XXI SINGULAR AND PLURAL Wherever appropriate in this Agreement, the singular shall include the plural, and the plural shall include the singular. XXII SECTION HEADINGS AND SUBHEADINGS All section headings or other headings in this Agreement are for general aid of the reader and shall not limit the plain meaning or application of any of the provisions thereunder whether covered or relevant to such heading or not. XXIII 17 RECORDING A copy of this Agreement and any amendments thereto shall be recorded by the VILLAGE at the expense of the DEVELOPER within 30 days after the execution hereof. XXIV AUTHORIZATION TO EXECUTE. The President and Clerk of the VILLAGE hereby warrant that they have been lawfully authorized by the VILLAGE Board of the VILLAGE to execute this Agreement. The OWNER and VILLAGE shall, upon request, deliver to each other at the respective time such entities cause their authorized agents to affix their signatures hereto copies of all bylaws, resolutions, ordinances, partnership agreements, letters of direction or other documents required to legally evidence the authority to so execute this Agreement on behalf of the respective parties. XXV AMENDMENT This Agreement sets forth all the promises, inducements, agreements, conditions and understandings between the parties hereto relative to the subject matter thereof, and there are no promises, agreements, conditions or understandings, either oral or written, express or implied, between them, other than are herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless authorized in accordance with law and reduced in writing and signed by them. XXVI COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which taken together, shall constitute one and the same instrument. XXVII CURING DEFAULT It is understood by the parties hereto that time is of the essence of this Agreement. The 18 parties to this Agreement reserve a right to cure any default hereunder within fifteen (15) days from written notice of such default. XXIII CONFLICT BETWEEN THE TEXT AND EXHIBITS In the event of a conflict in the provisions of the text of this Agreement and the Exhibits attached hereto, the text of the Agreement shall control and govern. XXIX SEVERABILITY If any provision of this Agreement is held invalid by a court of competent jurisdiction or in the event such court shall determine that the VILLAGE does not have the power to perform any such provisions, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect any of the other provisions contained herein, and such judgment or decree shall relieve VILLAGE from performance under such invalidity thereof shall not affect any of the other provisions contained herein, and such j udgment or decree shall relieve VILLAGE from performance under such invalid provision of this Agreement. XXX DEFINITION OF VILLAGE When the term VILLAGE is used herein it shall be construed as referring to the Corporate Authorities of the VILLAGE unless the context clearly indicates otherwise. XXXI EXECUTION OF AGREEMENT This Agreement shall be signed last by the VILLAGE and the President of the VILLAGE shall affix the date on which he signs this Agreement on page 4 hereof which date shall be the effective date of this Agreement. N WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day 19 and year first above written. VILLAGE OF LEMONT an Illinois Municipal Corporation By: ATTEST: By Village Clerk OWNER/DEVELOPER: STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I, the undersigned, a Notary Public, in and for the County and Sate aforesaid, DO HEREBY CERTIFY that JOHN F. PIAZZA personally known to me to be the President of the Village of Lemont, and CHARLENE M. SMOLLEN, personally known to me to be the Village clerk of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Village Clerk, they signed and delivered the said instrument and caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given by the Board of Trustees of said municipal corporation, as their free and voluntary act, and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. GIVEN under my hand and official seal, this -J? day of 61.?; 2006. 20 UAL Notary P c STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that the above-named , 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 that they signed and delivered the said instrument as their own free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and official seal, this day of Notary Public 2006. 21 EXHIBIT A PARCEL 1: THE EAST HALF OF THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. (22-33-100-006) PARCEL 2: THE WEST QUARTER OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 37 NORTH, RANGE it EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. (22-33-100-005) 22 x s? 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Crawford, Murphy & Tilly, Inc. Ph. 630.820.102, Fax: 630,820.2365 Date: September 7, 2006 Re: Krystyna Crossing Review No. 4 Comments CMT No. 05201-13 G? It 002/002 We have received the following items for Krystyna Crossing: improvement plans titled Krysfyna Crossing prepared by Ameribuild Inc. with the last revised date of August 22, 2006. (Total of 25 sheets) Stormwater calculations dated August 24, 2006 prepared by Geopool Engineering. Inc. Following focusing on stormwater issues we comments that can be addressed atfinal nerally acceptable based on the following submittal generally engineering: Com2 rits 1. Revise grading behind lots 24/25 to ensure drainage goes to catch basin instead of offsite. 2. Remove reference to normal water level from the detention ponds. 3. The proposed grading for the dry detention ponds must be revised to have a minimum of 2% bottom slope. 4. Update contours at the location of the overflow for detention pond 3. 5. There are locations throughout the site below the minimum yard slope of 2% that will need to be revised. 6. Regarding the transition of 128t' to the easterly property: Slopes are greater than 4:1 and wiii need to be reduced. (3:1 slope may be allowed 9 4:1 cannot be achieved) The grade differential to the existing grade should not exceed 4'. 7. Provide a temporary T-tumaround at the end of 1280i. 8. The retaining wall behind lots 17-19 is greater than 3' and may need fall protection. In addition, Village standards do not allow retaining walls in backyard easements without a variance. The Village of Lemont will need to accept this proposed layout. 9. The storm sewer manhole rim elevations behind lots 16 and 17 need to be updated to correspond to the grading in the area. 10. The contours for the proposed grading behind lots 20-23 will need to be corrected. 11. Revise plans to also indicate that flared end sections 12" in diameter and larger require grates. Please call with questions or to discuss the review comments. JAI-emon110520113 KrystynalComaspondencelreview4„krystyna_Og-05 06-doc EXHIBIT E Project #3017-800 KRYSTNA'S CROSSING Feb-06 Lemont, Illinois Tree Inventory Tree Diameter Tree No. Tree Species in Inches Condition Removed 1 Green Ash 7 Good 2 Silver Maple 11 Good 3 Green Ash 9 Good 4 Green Ash 7 Good 5 Green Ash 12/9/7 Fair 6 Green Ash 7/9 Fair 7 Black Cherry 9 Poor 8 Green Ash 11 Poor 9 Green Ash 7 Fair 10 Black Cher 8 Poor 11 Black Walnut 618 Good 12 Green Ash 6 Good 13 Green Ash 7 Good 14 American elm 718 Fair 373 Green Ash 9 Good 374 Green Ash 11 Good 375 Green Ash 8 and 6 Good 376 Red Oak 7 Fair 377 Red Oak 10 Good 378 Green Ash 11 Fair 379 Hawthorn 12 Fair 380 Hawthorn 6/515/5 Fair 381 Green Ash 9 Good 382 Green Ash 12 Good 383 Green Ash 8 Good 384 Black Cher 7 Good 385 White Ash 7 Good 386 Hawthorn 15 Poor 387 Hawthorn 7 Poor 386 Green Ash 8 Fair 389 Green Ash 8 Good 390 Green Ash 11 Good 391 Green Ash 12 Good 392 Black Cherry 8 Poor 393 Green Ash 14 Dead 394 Green Ash 12 Good 395 Shingle Oak 12 Excellent 396 Green Ash 14/12 Excellent 397 Shin le Oak 13 Good 398 Red Oak 7 Good 399 Green Ash 15. Good 400 Green Ash 12 Good 401 American Elm 7 Fair 402 Green Ash 8 Good 403 Black Cher 9 Poor 404 Green Ash 14 Fair 405 Green Ash 9 Fair 406 Swam White Oak 10 Good 407 Swam White Oak 6 Good 408 Swam White Oak 10 Good 409 Northern Pin Oak/Hill's Oak 3o Very Good 410 Swam White Oak 7 Good 411 Green Ash 13 Good 412 Swam White Oak 16 Good 413 Swamp White Oak 13 Very Good 414 Green Ash 13 Dead 415 Black Cher 14 Fair 416 Swam White Oak 9 Good 417 Swam White Oak 15 Good 418 Swam White Oak 12 Good 419 Green Ash 8 Poor 420 Swam White Oak 7 Good 421 Swamp White Oak 9, 10, and 11 Very Good 422 Swamp White Oak 13 Good 423 Swam White Oak 12 Good 424 Swam While Oak 7 Good 425 Swamp White Oak 10 Good EXHIBIT E Project #3017-800 KRYSTNA'S CROSSING Feb-06 Lemont, Illinois _ Tree Inventory Tree Diameter Tree No. Tree 5 ecies in Inches Condition Removed 426 Swamp White Oak 7 Good 427 Swamp White Oak 12113 Good 428 Swam White Oak 1018 Good 429 American Elm 12 Fair- Poor 430 Black Cher 8 Poor 431 Swamp While Oak 7 Fair 432 American Elm (no tag) 8 Good 433 Black Cherry 12 Fair 434 Swarnp White Oak 12 Fair 435 Black Cherry 11 Good 436 Green Ash 9/10/8 Good 437 Swamp While Oak 8 Good 438 Ash 7 DEAD 439 Ash 10 DEAD 440 Red Oak 15 Good 441 Green Ash 10 and 10 DEAD 442 Green Ash 14 Good 443 Green Ash 8 Good 444 Red Oak/Hill's Oak 10 Good 445 Green Ash 7 Good 446 Green Ash 6 Poor 447 American Elm 11 Fair 448 American Elm 7 Dead 449 Ash 7 Poor 450 Black Cher 10/12 Poor 451 Green Ash 10 Poor 452 American Elm 8 Good 453 Green Ash 10 Poor 454 Green Ash 6 Fair 455 American Elm 7 Fair 456 Green Ash 8 Fair 457 Green Ash 7 DEAD 458 Green Ash 16 Good 459 Green Ash 13 Fair 460 American Elm 7i8 Fair 461 Black Cher (no tag) 9 Poor 462 Green Ash no tag) 13 Poor 463 American Elm 10 Fair 464 Swamp White Oak 6 Good 465 American Elm 15 Dead 466 Black Cherry 7 Poor 467 Green Ash 19 - Fair 468 Black Cher 13 Fair 469 Green Ash 15 Fair 470 Black Cher 11111 Good 471 Green Ash 10 Fair 472 White Oak 33 Good 473 Northern Pin Oak/Hill's Oak (no tag) 8 Dead 474 Green Ash 9 Fair 475 Swamp White Oak 9 Good 476 Green Ash 12 Poor 477 American Elm 9 Fair 478 American Elm 6 Poor 479 Black Cher 13 Fair 480 American Elm 6 Fair 481 Black Cherry 7 Poor 482 Black Cher 11 Poor 483 Green Ash 15 Good 484 Box Elder 13 Fair 465 Northern Oak/Red Oak 18 Good - Fair 486 White Ash 6 Poor 487 Green Ash 91,11 Fair 488 Green Ash 15/12 Poor 489 White Ash (no tag 9 Poor 490 Green Ash 26 Fair 491 DEAD TREE - NO ID - Black Cher 8 Poor 492 Black Cher 911 Fair Project #3017.800 KRYSTNA'S CROSSING Feb-06 Lamont, Illinois _ _._ Tree Inventory Tree Diameter Tree No. Tree Species fin Inches Condition Removed 493 Black Cherry 10 Fair 494 American Hornbeam 817 Poor 495 Green Ash 13 Good 496 Black Cher 8/6 Fair 497 American Elm 8 Good 496 Black Cherry 8 Poor 499 White Ash 8110112 Fair 500 Black Cher 7/7 Fair 501 Green Ash 20,24 Fair-Poor 502 Black Cher 9/10 Poor 503 Green Ash 8 Fair 504 Green Ash 8il0 Fair 505 Green Ash 10114 Fair 506 Black Cherry 12,7 Poor 507 American Elm 7 Dead 508 American Elm 8 Dead 509 Green Ash 10 Poor 510 Green Ash 14 Good 511 Black Cher 7 Fair 512 Green Ash 9 Fair 513 Green Ash 9 Fair 514 Green Ash 8 Fair 515 Green Ash 17;18 Poor 516 Red Hawthorn 7 Fair 517 Green Ash 9 Good 518 Red Hawthorn 6 and 6 Fair 519 Green Ash 7111 Fair 520 Green Ash 7 Goad 521 Cottonwood 11 Good 522 Cottonwood 10 Good 523 Cottonwood 8 Good 524 Black Cherry 7 Fair 525 Green Ash 8 Fair 526 Green Ash 7/5 Good 527 Black Willow 14 Poor 528 Black Willow 20 Fair 529 Black Cherry 12/11 Fair 530 American Elm 717 Good 531 Box Elder 9 Fair 532 Black Cherry 8 Good 533 Black Cherry 13 Fair 534 Black Cherry 7 Fair 535 Black Cherry 9 Fair 536 Black Cher - 7 Fair 537 Green Ash 8 Fair 538 Green Ash 7 Fair 539 Green Ash 8/10 Fair 540 Black Willow 17 Fair 541 Black Willow 33 Fair 542 Black Cher 11 Fair 543 Black Cher 10 Fair - Poor 544 American Elm 7 Fair- Poor 545 Box Elder 9 Fair 546 Black Willow 36 Fair 547 Black Willow 14 Fair 548 Amencan Elm 12 Fair 549 Black Willow 32 Poor 550 American Elm 12 Dead 551 American Elm 12 Dead 552 American Elm 11 Dead 553 American Elm 10 Dead 554 Box Elder 6 and 7 Poor 555 American Elm 9 Fair 556 Box Elder 8 Fair 557 Black Cherry 6 Fair 558 Black Cher 7 Poor 559 Box Elder 7 Fair Project #3017.800 KRYSTNA'S CROSSING Feb-06 __---? -- Lemont, Illinois ' Tree Inventory r - Tree Diameter Tree No. Tree Species in inches) Condition Removed 560 Black Cher 8 Poor 561 Hawthorn 7/6 Poor 562 Black Cher 8 Fair 563 Black Cher 6/7/10 Fair 564 Box Elder 9 Fair 565 Black Cher 8 Poor 566 Green Ash 7 Fair 567 Green Ash (no tag) 18 Fair- Poor 568 American Elm 9 Good 569 Black Cherry 7/5 Fair 570 Hawthorn 7/7 Poor 571 Green Ash 12 Good - Fair 572 Green Ash 8 Good - Fair 573 Green Ash 11 Good - Fair 574 Green Ash 7 Good - Fair 575 American Elm 7 Good 576 Black Cher 8 Fair 577 American Elm 10 Good 578 American Elm 11 Fair 579 Cottonwood 22 Fair 580 American Elm 9 Dead 581 American Elm 6 and 7 Fair 582 Silver Maple 12 Good 563 American Elm 8 Fair 584 American Elm 14 Fair 585 American Elm 15 Dead 566 American Elm 12 Dead 587 Silver Maple 13 Fair 588 Silver Maple 11 Fair - Poor 589 American Elm 15 Fair 590 Green Ash 7 Good 591 Green Ash 11 Dead 592 American Elm 7 Good 593 Green Ash 8 Good 594 Weeping Willow 24 Fair - Poor 595 Weeping Willow 16/15 Fair- Poor 596 Weeping Willow 14 Fair - Poor 597 American Elm 12 Good 596 American Elm 13 Good 599 American Elm 12 Fair 600 Green Ash 6 Good 601 American Elm 13 Good 602 Green Ash 14 Good 603 Crab Apple Tree 13/7 Poor 604 Green Ash 8/8/8/11/11 Fair 605 Cottonwood 18/17 Fair 606 Green Ash 6 and 6 Good 607 Cottonwood 7 Fair 608 Green Ash 7/5 Good 609 Green Ash 7/4 Good 610 Green Ash 7 Good 611 Green Ash 7 Fair 612 Green Ash 7 Good 613 American Elm 10 Fair 614 Green Ash 6 Good 615 Black Willow 17 Fair 616 American Elm 12 Fair 617 American Elm 12 Good 618 American Elm 10/11 Fair 619 American Elm 9 Fair 620 American Elm 19 Poor 621 Apple 8/8 Good 622 Box Elder 9 Fair 623 Mulberry 11 Fair 624 Box Elder 10 Fair 625 Box Elder 9 Dead 626 American Elm 15 Fair Project #3017-800 KRYSTNA'S CROSSING Feb-06 Lemont, Illinois Tree Inventory , Tree Diameter Tree No. Tree Species - (in Inches Condition Removed 627 Mulberry 14 Fair 628 Silver Maple 8/8/9/7/12'12/16 Fair 629 Box Elder 10 Fair 630 Green Ash 10 Fair 631 Green Ash 12 Fair 632 American Elm 14/10 Fair 633 Green Ash 14 Good 634 Green Ash 7 Good 635 American Elm 9./12 Fair 636 Green Ash 12 Good-Fair 637 Green Ash 13 Good-Fair 638 Green Ash 12/11 Fair 639 American Elm 11 Fair 640 American Elm 14 Fair 641 Green Ash 9 Fair 642 Green Ash 8 Good 643 Green Ash 7 Good 644 Crab Apple Tree 9 Fair 645 Mulber 13/14/716/12 Fair 646 Black Cherry 6 and 6 Fair 547 Box Elder 10 Poor 648 Silver Maple 616,r9111 Good 649 Green Ash 9 Good 650 Pear Tree 7/8 Good 651 Black Willow 18" clump Poor 552 Box Elder 12 Fair 653 Box Elder 10 Poor 654 Green Ash 15 Fair 655 Green Ash 9 Good 656 Green Ash 7 Good 657 Green Ash 7 Good 658 Black Willow 24 Poor 659 Black Willow 22 Poor 660 Black Willow 43 Fair 661 Box Elder 11 Dead 662 Hackber 10 Fair 663 American Elm 16 Dead 664 Box Elder 14 Fair 665 Silver Maple 13/17 Fair 666 Silver Maple 9/14 Fair 667 Box Elder 8 Dead 668 Box Elder (no tag 11 Dead 669 Silver Maple 13/10/12 Fair 670 Mulberry 719 Fair 671 Mulberry 31 Fair - Poor 672 Mulberry 26 Fair 673 Red Cedar 11 Good 674 Green Ash 15 Fair 675 Green Ash 9 and 10 Fair Removed 676 Colorado Spruce 8 Good Removed 677 Colorado Spruce 9 Good Removed 678 WhiteSpruce 7 Good Removed 679 White Spruce 6 Good Removed 680 White Spruce 7 Good Removed 681 Colorado Spruce 6 Good Removed 682 Colorado Spruce 8 Good 683 Whites ruce 12 Good 684 White Pine 11 Good 685 Silver Maple 25 Good 686 Black Willow 35 Fair 687 Box Elder 16 Poor 688 Black Willow 19 Poor 689 Black Willow 26 Poor 690 Mulberry 13 Fair 691 Linden 13 Good 692 Linden 11 Good 693 Linden 20 Good - Key tree Project #3017.800 KRYSTNA'S CROSSING Feb-06 Lemont, Illinois Tree Inventory Tree Diameter Tree No. Tree Species (in Inches) Condition Removed 694 Wild Pear Tree 27 Fair - Poor 695 Linden 22 Excellent - Key Tree 696 Whites rice 11 Good 697 Paper Birch 8 Poor 698 Norway Spruce 15 Fair 699 Norway Spruce 11 Dead 700 WhiteSpruce 10 Dead 701 Scotch Pine 8/8 Fair 702 Mulberry 30 Fair 703 Cherry 14 Good 704 Norwa Spruce 12 Fair 705 Norway Spruce 7 Good Removed 706 WhileSpruce 13 Fair 707 Norway Spruce 15 Fair 708 While Spruce 14 Fair 709 Norway Spruce 12 Fair Removed 710 Scotch Pine 10 Fair Removed 711 Pear Tree 13 Dead 712 Green Ash 24 Good 713 Black Cherry 9 Good 714 Green Ash 9 Good 715 Green Ash u Good 716 Green Ash 10 Fair 717 Green Ash 7 Fair 718 Green Ash 7 Fair 719 Green Ash 12 Good _ 720 Green Ash 10 Good 721 Green Ash 11 Fair 722 Green Ash 8 Fair 723 Green Ash 9 Fair 724 Green Ash 12 Fair 725 Silver Maple 16 Good 726 Sycamore 16 Good 727 Silver Maple 14 Good 728 Silver Maple 9 Good 729 Sycamore 14 Good- Fair 730 Silver Maple 10il3115 Good 731 Silver Maple 9 Fair 732 DEAD TREE - NO ID 8 Dead 733 Cottonwood 9 Fair 734 American Elm 11 Poor 735 Silver Maple 13 Good 736 Green Ash 10 Fair 737 Green Ash 10 Fair- Poor 738 Green Ash 6 Fair 739 American Elm 12 Fair 740 American Elm 8 Dead 741 American Elm 12 Good 742 American Elm 14 Poor 743 Cottonwood 14 Fair 744. Green Ash 7 Good 745 Green Ash 12 Good 746 Silver Maple - 717/9 Fair - Poor 747 Green Ash 10 Good 748 Green Ash 12 Good 749 White Spruce 14 Good-Key 749A WhiteSpruce 14 Good 749B Weeping Willow 26 Good 750 White Spruce 13 Good-Key Removed 751 American Elm 20 Fair 752 Norway Spruce 13 Poor 753 Northern Pin OakiHill's Oak 26 Poor • Split - ToBroken 754 Northern Pin Oak/Hill's Oak 31 Good 755 Mulber 9 Fair 756 American Elm 1 011 0/1111 2 Fair 757 Mulberrv L1 Fair 758 IMulberry 6 Poor Project # 3017-800 KRYSTNA'S CROSSING _ Feb-06 -T Lemont, Illinois Tree Invento! Tree Diameter Tree No. Tree Species in Inches) Condition Removed 759 Mulber 12 Fair 760 Box Elder 6 Fair 761 Green Ash 14 Good 762 American Elm 12 Good 763 Green Ash 8 Good 764 Silver Maple 12/5 Good 765 Silver Maple 17 Good 766 Silver Maple 6 Fair 767 Silver Maple 8/8!9,110/13.10 Good 768 Silver Maple 12 Fair 769 American Elm 14 Fair 770 Silver Maple 12/4 Fair 771 Silver Maple 9!9119/9 Fair 772 Silver Maple 12/8/10/1217/10 Good 773 Silver Maple 8 Good 774 silver Maple 16/9/12112 Good 775 Green Ash 11 Good 776 Green Ash 7 Good 777 Green Ash 8 Good 778 Green Ash 8 Fair 779 Black Cher 7 Fair 780 Green Ash 9 Fair 781 Green Ash 7 Good 782 Silver Maple 13112 Fair 783 American Elm 12 Fair 784 Green Ash 9 Good 785 Green Ash 9 Good 786 Green Ash 9 Fair 787 American Elm 13 Fair 788 American Elm 22 Good 789 Green Ash 12 Excellent 790 Black Walnut 10 Excellent 791 Black Walnut 11 Good 792 Mulberry 7 Fair 793 Norway Spruce 12 Fair 794 Norway Spruce 15 Fair 795 Nora s ruce 17 Fair 796 Norway Spruce 7 Fair 797 Northern Pin Oak/Hill's Oak 11 Good 796 Noma Spruce 11 Fair 799 Noway Spruce 7 Fair 800 Norway Spruce 10 Fair 801 Norway Spruce 17 Fair 802 Norway Spruce 9 Fair 803 Norway Spruce 10 Fair 804 Norway Spruce 15 Fair 805 Norway Spruce 14 Fair 806 Black Cher 8119 Poor 807 Black Cher 8/6 Poor 808 Green Ash 7 Poor 809 Green Ash 9 Good 810 American Elm 20 Fair - Poor 611 American Elm 19 Fair Removed 812 Green Ash 15 Good 813 Green Ash 6 Fair 814 American Elm 15 Good 815 Green Ash 9 Fair 816 Green Ash 11 Fair 817 Green Ash 11 Fair 818 Green Ash 7 Good 819 Green Ash 9 Good 820 Green Ash 8 Good 821 Green Ash 9 Good 822 Green Ash 10 Fair - Poor 823 Silver Maple 14/5 Fair - Poor 824 Silver Maple 13/8 Fair 825 Green Ash 7 Fair 3017-800 Project # KRYSTNA'S CROSSING _ Feb-06 Lemont, Illinois Tree Inventory Tree Diameter Tree No. Tree Species (in Inches) Condition Removed 826 Green Ash 11 Good 827 Green Ash 6 Fair 826 American Elm - 10 Good a29 Silver Maple 16 Fair 830 Green Ash 9 Good 831 Silver Maple 8112 - Fair 832 Green Ash 9 Fair 833 Green Ash 7 Fair 834 Green Ash 11 Good 835 Silver Maple 7/11 Good 836 Green Ash 8 Fair 637 Green Ash 7 Fair 838 American Elm 7 Fair 839 Silver Maple 9 Fair 840 Green Ash 7 Good 841 Green Ash 9 Good 842 American Elm 10 Good 843 Green Ash 14 Fair 844 Green Ash 7 Fair 845 Green Ash 6 Fair 846 Green Ash 7 Fair 847 Green Ash 7 Fair 848 Green Ash 6 Fair 849 Linden 11 Good 850 American Elm 13 Poor 851 American Elm 12 Good 852 Silver Maple 98 Dead 853 Green Ash 10 Good 854 Silver Maple 12 Good 855 Green Ash 9 Good 856 American Elm 10 Fair 857 Green Ash 9 Good 858 Silver Maple 9 Good 859 Ash 6 Good Removed 860 Ash 6 Good Removed 861 Ash 8 Good - Fair Removed 862 Ash 7 Good - Fair Removed 863 Ash 12 Good - Fair Removed { Note: Tag #'s 1-14 are not on the survey. nmava. vauo? i N 3 N', 3 127th STREET J I of J ?I !w 0 I I I I i \_ art va marvn ur. (T S1 i> 4 L?mj of °` or?6 o i0 to ool? -wl q? s : s ! I o. G, JI cb °oo 4 10 L? ; :? ? I i?JI i4+ F 71 u- z o r I v r .. _ _. i E: I^ Z lY Y iSTREET o I 1 W .. n 6 0 0° f-N4 0 8 ? O J W X ° 8 0 0 8, or o .> o e i I J- € O L.L. C 0 I ?I i s'• I I ? 128th STREET „o 6n - - - - I El I Ell I L°ol s ;; , ?! In 0? O.. rn r - _ O a p, 60 •n r.a?. urn I J (, Q _ - _ d a W 110 Wp, .• C .U 'J • • r `7 w.•., i w s ?$$ o.•o... m?i •1 v ? al 00 ? •C O: a o ..ice x?...? a=i 1 .... la h W W z Q W cr) u1 C-L LLJ w s i w V ? o n° S7? H -- ? c W?; 36 ;, I s a I hit %Luig gig _q gc ,,.Q w F-W F?1 W ONI '1NOWJ1 tllH1S Hi L'l win as v JISS0dD bN,l_LS).?_`? .127th STREET -- °? ? q a ? d •n?asanr•4 ? ? 3 3 n sn ? ?• wr! ? - _ - 1 ? ?' / I '"I I S, w [z -_1 rim. 8t STIR T ? I ? W e I ? 3 n r? 9 y??l I I C I s.?.ll ? I I C I 'I , I I I I I ? §e=i I I 'I I I ?yl __I ??I- 1 1 e - I 1R YI.1•[(•RILy Yrl I ?? W N w 433u8 47_ 3"'N '- s n All Y g? 38 ? R? xgg N w 7. F 0 w I a ?., N. - ,? »r ass ?e? NI a § ae 8 ? I a ? Y t ax 23 583?`y 55 y 5 99g +;+ s ?? gyG j??de?2? Easg? ¢K? $y ?$ ? U eucagpo M Egg 94 U EsF .'R57?P:Y _ . .. M ARK -V = Rep o I k e? 1 s b e ? ? ??ggGG x@3 ?? ? ?4 ma s i?f? 2 ? i? ?E€ Sh ?b u d _ « n • .n d - a .N na X53 ?k ? ?e g? ?: er 'g e?I 5a :``?g?ga 3¦ ?? agb ?g ¢? g? o to sue„ Y e ?? ?iS 9S? €R F Y ?? Ybr2 Y? ? ¢'p3 YE.? ?OZ .. gC C$ I J s? O 3 U 9 M S u ® U e h P, Y u CC e `^ J j Z , o z ^ IPA tie I bz ti l? d M Y? 8? a k? C? n '? 5 °ge6 C7 Z_ Z ?cn ?ci74 ,fN'XO?M Z LI) h. W a U " z ? Q U Vii. k 5 F- z I l w EXHIBIT H Urban Forest Management, Inc.. . July 8, 2006 Mr. Peter. A. Krumins Village Planner Village of Lemony 418 Main• Street . Lemont; Illinois 60439 RE: Krystym Crossing Subdivision Plan Review #5 Dear Mr. Krurnins: As requested, I have.reviewed the Preliminary Plat of Subdivision by Geopool last revised 06/9/06, the Tree Preservatioir/ Protection Plan by Couture Landscape Construction dated 09-10-05, last revised.03-15- 06, and the Landscape Plan by Couture Landscape Construction dated 09/10/05, last revised.03-15.06: The following comments summarize.this review: i. If there.is a revised engineering drawing, my review, packed did not include itso my assumption is that the Tree Protection /-Protection Plan and the Landscape Plan are coordinated with the most current engineering plan:. 2. As previously noted, the, tree plariting detail on the Landscape Plan should be modified to include that wire baskets shall be removed from the root'ball and that the, root hall shall be 2" above finished grade. 3. Ash trees have been removed from the plant list, however, as previously noted red maples and sugarmaples should not be used in the parkways 4. T. tree protection fencing and any other tree preservation items should also be shown on the engineering plans. 5. There is a note on the Landscape.Pian that says, "Trees slated for removal of protection as per final grading". Where is•the final grading plan . The note also says, "see the complete Tree Preservation Plan". Where is the complete Tire PreservRtinn Plan"? 6. , The Landscape Plan has a note that says "Lawn areas outside the 30 f. Ttee_Conservancy Landscape Suffer to be a five way minimum bluegrass sod blend". Does this inolude the open space / detention basins on lots 26 and 27? Please call, if you have.any further questions. Sincerely, AN FOREST MANAGEMENT; INC. les A. Stewart ` . President c. J. Cainkar 960 Route 22, Suite 207 Fox River Grove, Illinois 60021 847-616-9708 FAX 847-516-9716 THIS INSTRUMENT PREPARED BY AND MAIL TO: James E. Olguin Goldstine, Skrodzki, Russian, Nemec and Hoff, Ltd. 835 McClintock Drive Second Floor Burr Ridge, IL 60527-6483 6301655-6000 (The Above Space For Recorder's Use Only) KRYSTYNA CROSSING DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS is made on this _ day of , 2004, by ALL PRO DEVELOPMENT, NC. WITNESSETH: WHEREAS, Developer is the Owner of approximately 15 acres of real property generally located at 15002, 15008 and 15070 W. 127`s Street, and legally described on attached Exhibit "A", in the Village of Lemont, County of Cook, State of Illinois (herein the "Property), which real property has been annexed to the Village; WHEREAS, All Pro Development, Inc., an Illinois corporation (herein the "Developer'), is a developer of single-family homes throughout the Chicago suburban area and is the developer of the Property; and WHEREAS, Developer desires to provide for the preservation of the distinctive residential quality of the Property and for the maintenance of the entranceway monuments and landscaped island medians, the drainage easements, detention areas and, for these purposes, Developer desires to subject the Property to the conditions, covenants, restrictions, reservations, grants and easements herein set forth (all of which are hereinafter referred to collectively as the "Covenants and Restrictions'); and EXHIBIT I WHEREAS, Developer has deemed it desirable, for the efficient preservation of the values and amenities in said community, to create an association to which should be delegated and assigned the powers of administering and enforcing the Covenants and Restrictions. NOW, THEREFORE, Developer, for the purposes above set forth, hereby declare as follows: ARTICLE I General Purpose of this Declaration 1.1 Statement of Purpose: The purpose of this Declaration and of the Covenants and Restrictions contained herein is to insure use and development of the Property consistent with the desire and intention of Developer to establish a residential community of high quality, to protect the owners of homes therein against use of the Property or of any part of the Property inappropriate to a fine residential community and incompatible with the proper enjoyment of such a community, to prevent the construction of buildings which, because oftheir design or construction or materials, are not in aesthetic harmony with other buildings on the Property; to encourage the construction of fine quality homes compatible with the architectural character of the Property; to_ matte certain that homes are so located on sites within the Property that each home enjoys light, air, and free and open space; to protect Owners ofproperty within the Property against any improper use ofproxiinate Lots as may depreciate the value of their property; and to insure that the Property is at all times carefully and efficiently maintained and that the facilities, lawn, ponds, walks and open spaces are always so maintained and operated that theymaybe enjoyed and used with comfort and pleasure bythe Owners of homes within said Property. It is the purpose of the Declaration, in general, to provide that the Property will be so managed, maintained and preserved, and that it will at all times be regarded as a residential community of outstanding excellence. 1.2 Declaration and Description of the Property: Developer does hereby declare that the Property is and shall be subject to the uses and purposes herein set forth. Developer declares further that this declaration shall be managed and administered on the terms and conditions hereinafter set forth. The Property to which said declaration relates, and wluch is subject to this declaration, is the real property which Developer is developing, and said Property is described in attached Exhibit "A". The specific lots of the Property are hereinafter referred to as the "Lots". ARTICLE II Definitions 2.1 Association: The name of the Association is the Krystyna Crossing Homeowners' Association, an Illinois not-for-profit corporation, its successor and assigns. 2.2 Board of Directors: The Association shall have a board of five (5) directors who shall constitute the Board of Directors. All rights, titles, powers, privileges and obligations vested in or imposed upon the Board of Directors, pursuant to the Illinois general Not-For-Profit Corporation Act of 1986, (805 ILCS 105 et seq.), and upon the Association in this Declaration shall be held and executed bythis Association through the duly elected members of the Board of Directors and their successors in office. 2.3 By-Laws: The By-Laws of the Association, attached hereto as Exhibit "B". 2.4 Community Area: Entrance landscape islands, all entranceway, landscaping and monuments, detention areas, and drainage easements as shown on the Plat for maintenance purposes by Owners and their agents. 2.5 Commin ijyExpenses: The expenses ofadministration (including management and professional services), maintenance, operation, repair, replacement and landscaping of the entranceway monuments, detention areas, drainage easements; any expenses designated as Community Expenses by this Declaration or the By-Laws; and any other expenses lawfiilly incurred by the Association for the common benefit of all of the Owners. 2.6 Declaration: This instrument as amended or supplemented from time to time. 2.7 Developer: All Pro Development, Inc., an Illinois corporation, its successors and assigns, if any successor or assignee acquires the undeveloped portion of the Property from Developer for the purpose of development. 2.8 Lot: A portion of the Property shown on the Plat which is improved or intended to be unproved with one single family residence. 2.9 Member or Membership: Shall mean or refer to every titleholder of a Lot. 2.10 Owner: The record holder of fee simple title to any Lot on the Property, other than the Developer, whether such Owner shall be one or more persons or entities, the beneficiary of beneficiaries of a trust, shareholder of a corporation, or partner of a partnership, but excluding those persons or entities having any interest merely as security for the performance of an obligation. 2.11 Plat: The Plat of Subdivision of Krystyna Crossing recorded in Cook County, Illinois, on , 2004, as Document No. 2004- a copy of which is attached hereto as Exhibit "C." 2.12 Pro e : The use of the term "Property" shall mean and refer to Lots and Community Area within Krystyna Crossing, either improved, unimproved or both, whichever reference is appropriate in context, and all easements, rights and appurtenances belonging thereto. 2.13 Rules and Regulations: The Rules and Regulations adopted from time to time by the Board governing Krystyna Crossing and the use ofKrystyna Crossing by the Owners and by all other persons. 3 2.14 Turnover Date: Turnover Date shall mean the date the Association is turned over to the Members, which shall be the first to occur of the Following events: (a) Voluntary turnover by the Developer to the Members; (b) 60 days after the date that 75% of all Lots have been occupied by Owners; ©) Three (3) years from the date of recording of this Declaration. 2.15 Village: Village of Lemont, an Illinois municipal corporation. 2.16 Voting Member: The person entitled to membership in the Association and who shall be entitled to vote at meetings of the Owners, as more filly set forth in Section 10.2(b). ARTICLE III Architectural Control 3.1 Architectural Review and Approval: No improvement or structure of any kind, including, without limitation, any building, fence, wall, swimming pool, tennis court, screen enclosure, sewer, drain, disposal system, decorative building, deck, gazebo, landscape device or obj ect stricture or other improvement shall be commenced, erected, placed or maintained upon any Lot, nor shall any addition, change or alteration therein or thereof be made, unless and until the plans, specifications and location of the same shall have been submitted to, and approved in writing by the Architectural Review Board ("ARB"). All plans and specifications shall be evaluated as to harmony of external design and location in relation to surrounding structures and topography. No foundation shall be poured nor shall construction commence in any manner orrespect until the layout for the structure is approved by the ARB. 3.2 Architectural Review Board: The Architectural Review Board shall consist of three (3) members who need not be members of the Association. The term of the members of the ARB shall be 2 years. The Developer shall have the right to appoint all of the members of the ARB, or such lesser number as it may choose, at any time prior to the turnover date as long as it owns at least one Lot in Property. Members of the ARB as to whom the Developer may relinquish the right to appoint, and all members of the ARB after the Developer no longer owns at least one Lot in the Krystyna Crossing Subdivision shall be appointed by, and shall serve at the pleasure of, the Board of Directors of the Association. At any time that the Board of Directors has the right to appoint one or more members of the ARB, the Board shall appoint at least one (1) architect or building contractor thereto. A majority of the ARB shall constitute a quorum to transact business at any meeting of the ARB and the action of a majority present at a meeting at which a quorum is present shall constitute the action of the ARB. Any vacancy occurring on the ARB because of death, resignation, or other termination of service of any member thereof, shall be filled by the Board of Directors, except that the Developer, to the exclusion of the Board of Directors, shall fill any vacancy created by death, resignation, removal or other termination of services of any member of the ARB appointed by the Developer. 3.3 Powers and Duties of the ARB: The ARB shall have the following powers and duties: (a) To adopt from time to time modifications and/or amendments to this Declaration. Any modification or amendment to the Declaration shall be consistent with the provisions of this Declaration and shall not be effective until adopted by a majority of the members of the ARB. (b) To require submission to the ARB of two (2) site grading plans and complete sets of all plans and specifications drawn by a licensed architect or structural engineer for any improvement or structure of any kind, including, without limitation, any building, swimming pool, tennis court, screen enclosure, sewer, drain, disposal system, decorative building, landscape device or object, structure or other improvement the construction or placement of which is proposed upon any Lot in Kiystyna Crossing. The ARB may review and pre-approve preliminary plans of a proposed Owner prior to the submission of plans and specifications from an architect or structural engineer with the final review and approval contingent upon submission of plans and specifications from a licensed architect or structural engineer provided for herein. The ARB may required submission of samples of building and construction materials proposed for use on any Lot and such additional information as reasonably may be necessary for the ARB to completely evaluate the proposed structure or improvement in accordance with this Declaration including but not limited to, a site plan showing location of the buildings and improvements including fences, gas or electric yard light and other structures upon the Lot. The ARB shall encourage the use of natural siding materials, such brick, stone and wood. The use of aluminum, vinyl, plywood, press-board or more than 30% wood or other similar materials as siding is prohibited. The ARB may in its sole discretion waive or modify this requirement when the ARB determines that unique architectural features warrant. ®) The ARB shall have the unrestricted right to prevent the building ofand to disapprove of any construction plans submitted to it as aforesaid if, in the sole opinion of the ARB: i. Such construction plans are not in accordance with all of the provisions of this Declaration. ii. If the design, exterior and interior size, exterior shape, exterior construction materials or color scheme of the proposed building or other structure is not in harmony with the adjacent buildings, structures or the character of the Development; or iii. If such construction plans as submitted are incomplete; or iv. If the ARB deems the construction plans or any part thereof or any material used on the exterior of the building to be contrary to the spirit or intent of these conditions and restrictions, or contrary to the interest, welfare, or right of all or any part of the real property, subject hereto, or the Owners thereof, or of the adjacent property Owners, all in the sole and uncontrolled discretion of the ARB; or v. If the ARB shall, within it sole and unlimited opinion and discretion, deem the construction plans or any party thereof or the building or structure to be unacceptable or of such 5 design or proportions, or to be constructed of such unsuitable materials or exterior color schemes as shall depreciate or adversely affect the values of other sites or buildings in the Development. The decisions of the ARB shall be final. Neither the Developer nor any architect or agent of the Developer nor any member of the ARB shall be responsible in any way for any defects in any construction plans submitted, revised or approved in accordance with the foregoing, nor for any structural or other defects in any work done according to such construction plans. The ARB may charge a fee not to exceed $250.00 for the review of each set of plans submitted to the ARB. ARTICLE W Restrictions and Responsibilities 4.1 Land Use and Building Type: All Lots shall be used for single-familypurposes only.. and no dwellings other than a single-family private residence shall at any time be constructed or maintained on a Lot. Each home shall be occupied by only one family. One family shall be defined as one or more persons each related to the other by blood, marriage, guardianship or legal adoption, or a group of less than four (4) persons not so related. 4.2 Violations: Violation of the restrictions described in this Declaration shall entitle Developer or the Association to enforce the rights and remedies hereinafter specified, whether ornot said violation constitutes a legal nuisance. 4.3 Single Familv Residential Buildings_ Only: No business or profession of any nature shall be conducted on any Lot or in any residence constructed on any Lot in this subdivision, except the business of sale of lots and houses in the subdivision constructed by the Developer of the Property or its successors or assigns. None of said Lots as heretofore platted shall be divided or re- subdivided except for the purpose of combining portions thereofwith adjoining Lots, provided that no additional building site is created thereby. Any single ownership or single holding by any person or persons which comprises the whole or one of said Lots (as heretofore platted and subdivided) and a part of or parts of one or more adjoining Lots shall, for all purposes ofthis Declaration, be deemed to constitute a single Lot upon which only one residential building may be erected, constructed, or allowed to exist. No room or rooms in any residence or parts thereof maybe rented or leased and no paying guests shall be quartered in any residence. Nothing contained in this paragraph, however, shall be construed as preventing the renting or leasing of an entire residence as a single unit to a single family. Anything to the contrary notwithstanding, nothing herein contained shallbe construed so as to prevent the Developer or its successors, or assigns fiom erecting a single family residential building or buildings as a sales office, model home, business office, storage area, construction area, for the purpose of the development and sales of the Lots or homes in the subdivision and any adjoining property. 4.3.1 Exterior Finish Material: All exterior finishes shall remain as constricted with respect to the finish material. The first floor of each house must be of brick constriction. 4.3.2 Three-Car Garage Reouired: As appurtenant to the residential building permitted by Paragraph 4.3 hereof and to be used exclusively in connection with such residential building, a private garage of sufficient size to house not fewer than three (3) standard size automobiles shall be constructed or erected, which garage must be attached to the main residence. Such garage shall not be used at any time as a residence, or for use as related living or for domestic servants of the occupants of said residential dwelling. No carports will be permitted. 4.3.3 Minimum Living Area: In addition to all other requirements in this declaration, the following shall be the minimum sizes for the homes in the Development, unless the ARB has the opinion of extraordinary circumstances that would justify a waiver of such requirements: (a) All residences shall contain a minimum of Three Thousand Two Hundred (3,200) square feet of living area, exclusive of garage, breezeway, porches and basement. (b) No ranch style homes shall be allowed It is specifically declared that although a residence sought to be erected on any Lot in this unit may conform to or exceed the minimum square foot living area requirements set out in this paragraph, if such residence does not conform to all the requirements set out in this Declaration, the ARB may disapprove of such construction plans. 4.3.4 Roof Pitch: All homes shall have the following minimum roof pitch: (a) A two story residence shall have a minimum roof pitch of Seven in Twelve (7:12). 4.3.5 Mailboxes and Posts for Mailboxes: In the event curbside mailboxes (boxes not attached to a residence) are required for the delivery of the U.S. Mail, the Owner of each Lot upon which a residence shall be constructed shall install, erect, or place upon such Lot or within any other Lot or any right of way such mailbox or receptacle as the ARB shall approve. Under no circumstances shall non-decorative, rural curbside mailboxes be installed anywhere in the Property. The street number shall be affixed to the mailbox. A standardized style shall be established by the ARB in order to maintain the character of the community. 4.3.6 No Temnorarv Building. Out Buildings Camvers Trailers Etc : No temporary house, campers, habitable motor vehicles, trailer, tent, stand, recreational appurtenances, shack, basement, or other structure or building of a temporary character shall be constructed, placed, allowed to exist or used on any Lot at any time as a residence either temporarily or permanently and no residence erected on any Lot shall be occupied in any manner at any time prior to its full completion. Nothing herein contained shall be construed so as to prevent the Developer from using such temporary facilities for the purpose of the development and sale of the Lots or homes in the subdivision and any adjoining property. 7 4.3.7 Fences and Walls: No fences shall be allowed on any Lot on the Property unless required by the Village. However, the Association may construct such fences around detention areas as maybe needed or required by the Village. No fence shall be installed without a permit from the Village. 4.3.8 Parking: No semi-truck, tractor, bus, motor home, trailer or recreational vehicles, snowmobiles, boats, utility vehicle, camper, truck (other than a personal pick-up truck) and no vehicle with the exception of a personal pick-up truck owned by a resident of the dwelling shall be permitted to be parked on any Lot in the subdivision for more than forty-eight (48) hours out of any consecutive fifty-four (54) hour period unless placed inside a garage. It being the intent that parking of the foregoing restricted objects be confined as much as possible to the interior of garages. 4.3.9 No Tricks, Buses, Campers, etc. to be Kept on any Lot or on my Street: No trucks, trick-mounted campers, motor homes, trailers, house trailers, buses, boat trailers, campers, junk automobiles, dilapidated or disabled vehicles of any kind shall be maintained, stored, or parked on .any dedicated or undedicated street or right-of-way in the subdivision, and the dedication of such right-of-way or street in the plats incorporated herein shall be subject to this provision. 4.3.10 Junk, Machinery and Materials: No implements, machinery, lumber, building materials or similar items shall be permitted to remain exposed upon any Lot so they are visible from the street or any neighboring Lot, except as necessary during the period of construction of a building thereon. No part of the subdivision shall be used for storage or display of junk or unsightly items or materials. Burning of construction debris or material, etc., shall NOT be permitted any time. 4.3.11 Out-Buildings: Construction of out-buildings must be architecturally designed to compliment the main residence with the use of the same building materials - roof shingles, siding and exterior matching colors. The maximum allowable outbuilding size shall be one hundred and fifty (150) square feet which is further limited to a single story structure. No outbuilding shall be allowed without a building permit from the Village and approval of the ARB. 4.3.12 Dogs and Cats: No more than a total of two (2) dogs or two (2) cats or one (1) dog and one (1) cat can be maintained, kept or housed in any residential unit whether or not such animal is the property of the Owner of such residential unit. No such animal shall be allowed outside of a residential unit unless accompanied and attended at all times by an occupant of such residential unit and no dogs shall be allowed to bark as to create any type of a nuisance to neighbors. No dog run shall be allowed on any Lot in the subdivision unless approved by the ARB. 4.3.13 Swimming Pools: No swimming pools other than "in ground pools" shall be allowed on any of the Lots in the subdivision and such in ground pools must be approved by the Village and obtain all applicable building permits. For the purpose ofthis Declaration an "in ground pool" shall be considered to be a pool which has no pool wall extending more than two (2) feet above the average grade of that portion of the Lot lying to the rear of the residence. Plans and specifications for fences or walls required around such pool by the ordinances of the Village and in 9 conjunction with such pool shall be subject to as hereinbefore set forth in Paragraph 4.3.7 (Fences and Walls). 4.3.14 Parkway Trees and Maintenance Responsibilities of Owners: No landscaping is permitted in the Parkway/Right-of-Way other than sod and trees as required in this Section. All Owners shall be responsible for the immediate care including proper watering, weeding, etc., of the parkway tree placed in front of their home by the Developer. Any parkway tree that dies shall be immediately replaced by the Owner with another that meets the same specifications of the same aforementioned variety. The Developer, the Village or the Association may elect upon prior written notice to Owner to replace any dead parkway tree in front of Owner's home at the Owner's expense. The Developer, the Village and the Association shall further have the right to enforce reimbursement of all cost associated with the replacement of anyparkway tree through any and all means including, but not limited to, applicable lien rights on the basis of this Declaration. Any attempt to plant or place a tree of another type or variety shall be considered a code violation and the Developer, the Village and the Association shall have the right to remove said tree and seek reimbursement and/or lien Owner and his Lot. 4.3.15 Final Grading and Landscaping Requirements: Within ninety (90) days after a residence is occupied or within such additional time as the ARB may allow due to seasonal requirements, the Owner shall establish a lawn and complete the landscaping plan which shall be approved by the ARB. Prior to occupancy, Owner shall install no less than two (2) street trees at least 2 %2" diameter of a variety approved by the ARB. The ARB may establish a reasonable bond to be posted by the Owner to insure completion of landscaping in accordance with this provision, All landscape contractors hired by Owners shall adhere to Developer's final grading plan during the course of landscaping of any residence of said Owner. 4.3.16 Landscape Completion Guarantee: Owner guarantees the completion of landscaping as described in 4.3.15. Landscaping will be considered complete if installed according to the terms of 4.3.15 and any other applicable Section of this Declaration of Covenants and Restrictions. Owner must notify Developer in writing when Owner has completed landscaping. Said notice must be postmarked by the 91 ` day after closing. If Owner has not completed its landscaping within ninety (90) dayi after closing or sent notice of completion by the 91st day after closing, Owner begins incurring a fine of Fifty Dollars ($50.00) per day. The Association shall have the right to collect fines assessed against Owner through any and all means including, but not limited to, applicable lien rights against Owner's Property on the basis of this Declaration. Owner shall be liable to Developer and Association for any and all attorney's fees, court costs or others expenses associated with enforcement of this or any other provision of this Declaration. 4.3.17 Detention and Retention Areas: No type of structure, fencing, buildings, or similar items may be placed in any designated detention, retention or critical drainage area, nor shall the finished grade elevations of these areas be altered by any Owner. 9 4.3.18 Sig s: No advertising or signs of any type or character shall be erected, placed, permitted or maintained on any home. This provision shall not apply to any sign which the Developer may erect identifying and/or advertising the subdivision which maybe deemed necessary by the Developer for the operation and sale of the subdivision houses or Lots therein, which said signs only the Developer may erect and maintain. 4.3.19 Other Types of Structures and Miscellaneous Items: No swing sets, playhouse, or children's type of structure shall be placed closer than fifteen (15) feet from any property line and shall be further restricted to the rear yard of Owner's home. No washing, drying, or clothing type lines shall be allowed. The displaying or hanging of clothing and garments in the exterior yard area of any home in subdivision is prohibited. No swing sets or children type of structures shall be allowed to become a detraction or unsightly due to neglect of any Owner to properlymaintain, repair, or manage such items. 4.3.20 Satellite Dishes. Television Antennas and All Other Antennas: No satellite dishes shall be allowed upon a roof or roof of other structure or be allowed to be installed anywhere on Owner's Lot other thanthe rear yard area and at a minimum, of eight (8) feet from side property lines. Satellite dishes shall be shall be limited to "mini dish" types, satellites over thirty-six (36) inch diameter are prohibited. Furthermore, no form of antenna, including, but not limited to, television antennas, radio antennas, ham radio antennas, etc., shall be placed on the exterior of Owner's home or Lot. 4.3.21 Garbage Containers Garbage Cans and Storage of Garbage: No garbage, garbage containers or garbage shall be stored on the exterior of Owner's home with the exception only to the evening of, or the morning of, garbage pickup by the Village. 4.4 Owner's Individual Maintenance Obligation: As provided in Article VI, each Owner is responsible for the maintenance of his or her Lot and the improvements thereon. This responsibility shall be known as "Owner's Maintenance Obligation". If any Owner defaults in his or her Owner's Maintenance Obligation, Developer or the Association is hereby granted all rights and powers necessary to perform such reasonable repairs, maintenance, rehabilitation or restoration as may in Developer's or the Association's opinion be reasonably necessary to correct such default. All cost and expenses incurred in the performance of any such work shall be charged to the defaulting Owner, and shall constitute a lien against said Owner's Lot. 4.5 Community Association Maintenance Obligations: The Owners as members of the Association shall be solely responsible for all costs and expenses for the maintenance and upkeep of the Community Area. 4.6 Maintenance Assessment: The Association shall annually prepare and distribute a budget for each calendar year to all Owners of record of Krystyna Crossing . The Association shall have the right to assess each Lot a prorata share of the cost of maintenance, upkeep, operation, safeguarding and repair for the Community Area. Each Owner, by acceptance of a deed to a parcel, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to 10 covenant and agree to pay the Association, whether such acceptance shall occur before or after the conveyance of the Outlots to the Association: (1) periodic assessment or charges; and (2) special assessments for maintenance, repair, removal of liens and capital improvements. 4.7 Temporary Structures: Trailers and temporarybuildings or structures maybe located on a Lot only during the course of the construction of a home upon the Lot, but they shall be so located onlybecause the convenience or necessity ofthe contractorin charge of construction requires their use, and all such trailers, temporary buildings or other structures shall be removed from the Lot promptly upon termination of the necessity or convenience therefor, or completion of the home, whichever first occurs. 4.8 General Appearance: Owner shall be responsible to properly maintain all aspects of the Owner's Real and Personal property on Owner's Lot and to not detract, devalue, or create any kind of nuisance to the other Owners or residents in Krystyna Crossing. All temporary holiday decorations shall be installed no earlier two weeks before a holiday(except in the case of Christmas when decorations may be installed four weeks prior to Christmas) and removed within two weeks of the holiday. 4.9 Covenants and Restrictions - Running with Land: The Covenants and Restrictions created by this Declaration run with the land both as to burden and benefit, and every conveyance or other instrument affecting the Property from and after the execution hereof shall be deemed subject to these Covenants and Restrictions and bound thereby as fully and as firmly as if said Covenants and Restrictions were fully set forth in each said conveyance or other instrument. 4.10 Landscape Easements: All Lots containing the Landscape Easements identified in the Krystyna Crossing Subdivision shall be subject to the following restrictions: (a) No building or other structure, including in-ground or above ground pools, decks, fences, sheds, patios, etc., shall be erected on the Landscape Easement identified in the Krystyna Crossing Subdivision. (b) Removal of invasive, dead, dying and otherwise undesirable plant growth, as well as new plantings and remedial grading to prevent standing water shall be allowed in the Landscape Easements. C) The restrictions created herein are for the benefit of the Owners, the Association, and the Village and may be enforced by the Village and Krystyna Crossing Homeowners' Association in every lawful manner. (d) The restrictions created by these Covenants and Restrictions shall run with the land. ARTICLE V Use of the Community Area 5.1 Use by Owners and Developer: The Owners, their families, guests and invitees have the joint right of access and the shared right to use the Community Area. Developer, its agents, 11 employees and invitees also have the right to use the Community Area. Use ofthe Cominunity Area shall be subject to the Rules and Regulations which may be amended from time to time by the Developer or the Association. 5.2 Use to Comply with Declaration and Rules and Regulations: No use of the Community Area shall be made by anyperson, whether Owner or otherwise, which does not comply with, and conform to, the requirements of this Declaration, and which does not comply with, and conform to, the Rules and Regulations. ARTICLE VI Maintenance and Repair 6.1 Individual Responsibility of Owner: Each Owner of a Lot in Krystyna Crossing shall provide at his or her own expense and be liable for the following: (a) All of the maintenance, decorating, repairs and replacement as to his or her own Lot. Owner shall keep same in good condition. (b) Installation of grass sod as specified in Section 4.3.15 herein. ©) Final grading on each Lot, including maintenance of surface water drainage swales as shown on the final engineering plans, as approved by the Village. 6.2 Responsibility of Association: The Association shall be responsible for the management, maintenance, repair and replacement ofthe Property and CommunityArea as specified in Article 11 of this Declaration. 6.3 Liability for Damage to Property: Each Owner of a Lot in Krystyna Crossing may be liable for the expense to the Association of any maintenance, repair or replacement of any of the Property including, but not limited to, any and all public improvements, the storm water detention facilities and structures and surface water drainage ways. Nothing herein contained, however, shall be construed so as to modify any waiver by insurance companies of rights of subrogation. _ARTICLE VII Maintenance Assessments for Krystyna Crossing 7.1 Creation of the Lien and Personal Obligation for Assessments: The Developer hereby covenants that each Owner, by acceptance of a deed for a Lot or other document of conveyance therefor, whether or not it shall be so expressed in any deed or other document of conveyance, shall be deemed to covenant and agree to pay to the Association regular assessments or charges and special assessments for capital improvements andmaintenance expenses as provided herein. Such assessments shall be fixed, established and collected from time to time as hereafter provided. The regular and special assessments together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge against and a continuing lien upon the 12 Lot against which such assessment is made. Each such assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person who is the Owner of such Lot at the time when the assessment fell due. 7.2 Purpose of Assessments: The assessments levied by the Association shall be used for any purpose of the Association as specified in thus Declaration or its Articles of Incorporation. 7.3 Regular Assessments: The Association, through the Board of Directors, shall levy for each assessment year an assessment, applicable to that year only, for the purpose of enabling the Association to exercise its powers and duties and to fulfill its responsibilities as delineated herein. The regular assessments shall be at a uniform rate for each Lot. 7.4 Procedures: The Board of Directors of the Association shall determine the amount of the assessment for each assessment year. The Board of Directors shall notify in writing each member of the Association of the amount of the assessment against the member's Lot no later than December 1 of each year. The annual assessment shall be paid on or before January 1 of each calendar year. The Board of Directors shall prepare a roster of the Lots and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner. The office of the Association shall be deemed the address of the Secretary of the Association. The Association shall, upon demand at any time, furnish to any Owner liable for said assessments a certificate in writing signed by an officer of the Association setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. 7.5 Change inBasis ofRegularAssessments: The Board ofDirectors ofthe Association may change the amount and/or basis of the regular assessment during any assessment year, provided that any increase in the assessment shall be approved by a majority of the Directors present at a meeting duly called for this purpose and at which a quorum is present. 7.6 Special Assessments for Capital Improvements and Maintenance Expenses: In addition to the regular assessments authorized by Section 7.3 hereof, the Association, through the Board of Directors, may levy from time to time in any assessment year a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or unexpected repair or replacement of any of the Community Areas provided that any such assessment shall be approved by a majority of the Directors present at a meeting duly called for this purpose and at which a quorum is present. 7.7 Ouonim for anvAction Authorized under Sections 7.5 and 7.6: The quoruin required for any action authorized by Sections 7.5 and 7.6 hereof shall be the presence in person at the meeting of the Board of Directors a majority of that number of directors having the total votes that could be cast by the Board. If the required quorum is not forthcoming at any meeting, another meeting may be called, and the required quorum at any such subsequent meeting shall be the same 13 number, provided that no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 7.8 Effect of Non-Payment of an Assessment: If any regular or special assessment is not paid on the date when due, then such assessment shall become delinquent and shall, together with such interest thereon and costs of collection including reasonable attorneys' fees as hereinafter provided, thereupon become a continuing lien on the Lot and equitable charge running with the land touching and concerning it, which shall bind upon the Lot in the hands of the then Owner, his heirs, devisees, personal representatives, assigns, successors, and grantees. If title to a Lot is held by an Illinois land trust, the trustee shall not have any personal liability for the assessment, but all beneficiaries of the trust shall be jointly and severally so liable. In the event title to a Lot is held by more than one Owner, all Owners shall be jointly and severally liable. The lien shall attached to rents due from parties in possession to the record Owners, provided that it shall be subordinate to an assignment of rents held by a mortgagee delivered in connection with a first mortgage loan to a purchaser of a Lot. If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the rate of eighteen percent (18%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay same and/or to foreclose the lien against the Lot, and there shall be added to the amount of such assessment all the costs of preparing and filing the complaint and maintaining and concluding such action, including the cost of title reports, and in the event a personal judgment or decree of foreclosure is obtained, such judgment or decree shall include interest on the assessment as above provided and a reasonable attorneys' fee to be fixed by the court together with all costs of the action. The venue for all legal actions shall be in Cook County, Illinois. The persons in possession shall be authorized to accept summons for the Owners of the Lot. In the event that title to any Lot is conveyed to a land trustee, upon the demand of the Association, the trustee shall furnish the Association with a certified copy of the trust agreement so that the Association shall be advised of the beneficiaries entitled to vote and who will be personally liable for the regular and special assessments. 7.9 Subordination of the Lien to Mortgages: The lien of the assessments provided for herein may for any reason be subordinated by the Association by written document executed by its duly authorized officers and shall without any writing be subordinate to the lien of any mortgage placed upon the Lots subject to assessments for the purpose of purchasing the subject Lot or Lots provided, however, that such automatic subordination shall applyonlyto the assessments which arise subsequent to the lien of the mortgage or mortgages, and provided further that such subordination shall apply only to the assessments which have become due and payable prior to sale or transfer of such property pursuant to a decree of foreclosure, or any other proceedings in lieu of foreclosure. Such sale or transfer shall not relieve such property from liability for any assessments thereafter becorning due, nor fiom the lien of any such subsequent assessment. The Owners agree upon accepting title that the lien of the assessments shall be prior to the homestead rights of the Owners since it runs with the land and is in existence before commencement of ownership interests. 14 ARTICLE VIII Easements 8.1 Easements Reserved by Developer: Notwithstanding any provision herein to the contrary, until such time as the Developer is no longer vested with or controls title to any part of Krystyna Crossing or any Lot in Krystyna Crossing, the Developer and its agents and contractors shall have the right (a) to place and maintain on the Property model residences, sales offices, advertising signs, construction trailers, parking spaces and lighting in connection therewith, at such locations and in such forms as the Developer may determine, in its discretion, to be used by the Developer in connection with the promotion, sale, or lease of the residences constructed or to be constructed on anypart of Krystyna Crossing, (b) to come over, across and upon the Property for the purposes ofmaking alterations or improvements to the residences, Lots or Community Area, and (D) to store on the Community Area or any Lot owned by it equipment and materials used in connection with such work on the residences, Lots or Community Area, all without the payment of any fee or charge whatsoever. 8.2 Peroetual Easement in Gross to Association: The Community Area shall be subject to a perpetual easement in gross to the Association for the purpose of enabling and permitting the Association to properly perform its duties and responsibilities. The Association further has a perpetual easement in gross to enter upon a Lot where reasonably necessary in the judgment of the Association for the purpose of properly performing or executing a duty or responsibility of the Association in respect of the Community Area. Without limiting the above easement in gross, the Association has a perpetual easement in the Community Area and the Lots for the purpose of installing, repairing, maintaining, and inspecting the Community Area or any other systems, if any, which the Association has the duty or responsibility to operate or maintain for the benefit of the Owners or the Association. Developer also has an easement in gross for the purpose of enabling and permitting Developer properly to perform its duties and responsibilities as Developer. Developer further has an easement in gross to enter upon a lot where reasonably necessary in the judgment of Developer for the purpose ofproperly performing or executing a duty or responsibility of Developer in respect of the Community Area. In the event the Association fails to perform any of its obligations required to be performed by it pursuant to the provisions of this Declaration and such delinquency shall exist on the part of the Association for a period of thirty (30) days after the date of delivery by the Village to the Association of written notice advising the Association of the existence and nature of such delinquency, the Village shall succeed to and become the beneficiary of the easement rights described in the preceding paragraph and such easement rights shall be exercised by the Village in support of the exercise of its rights described in Article XVI of this Declaration. 8.3 Easements fornublic Utilities Sanitary and Storm Sewers: Developer initially, and the Association thereafter, has the right to establish easements over (a) the Property for public utilities, drainage, and ingress and egress to and from the Community property; and (b) portions of 15 the Property for sanitary and storm sewers, storm water facilities, and for all other public utility purposes including but not limited to electricity, gas, water, cable television, and telephones, and Developer and the Association have the concomitant right, in connection with such grants of easements, to grant the right and power to do all things necessary or appropriate in connection with said grant of easements, including, but without limitation, the right of maintenance, repair and replacement. Developer and the Association are fully authorized and empowered to execute and deliver any and all documents necessary to implement these provisions, and the Owners shall be deemed to have approved and confirmed such documents, and to be bound thereby. 8.4 Easements: How Created: Easements for all public utilities or other purposes, including, but without limitation, electricity, gas, water, cable television, security, and telephone, shall be initially created by the recording of the Plat in the Recorder's Office of Cook County, Illinois, and, if necessary, individual grants of easements to which shall be appended plats of easements showing the location of the easements being initially created. Thereafter, easements for public utilities shall be created by the recording of separate plats or grants of easements, each of which shall show the location, within the Community Area and within any Lots covered by such subsequent plats or grants ofeasements, of the easements being newlycreated. The utility easements created by the filing of plats or grants of easements shall be deemed to have been created upon, and subject to, all of the terms and conditions of the Plat and initial grants of easements to the respective utilities or services, so that upon the recording of a plat or grant of easement subsequent to the recording of the Plat or an initial grant of easement, each utility or service company shall forthwith have all the rights, powers and obligations contained in the Plat or in the initial grants of easements, as fully and as effectively as if all the terns of said grant of easements were contained within the subsequently recorded plat or grant of easements. ARTICLE IX Developer's Reserved Rights 9.1 Developer's Rights. Powers and Obligations -Duration: Until such time as required by law, or sooner at the option of Developer, all of the rights, powers and obligations which by this Declaration are to be vested in the Board of Directors shall be deemed vested in and possessed by Developer. 9.2 Easement Grants: Developer shall grant such easements -and convey Lots in the Property subject to such easements, as are necessary for the benefit of the Association for the performance of its obligations pursuant to this Declaration, including, but not limited to, maintenance, repair or replacement of the landscaped areas, including grass, trees and vegetation, and for access to maintain, repair or replace in any Community Area, and for public utilities, monuments, landscaping and drainage easements are located. 9.3 Constriction and Advertising by Developer: Prior to Developer's completion of improvements on the Property, sale of all Lots owned by Developer and Developer's transfer of all of its rights, powers and obligations to the Board, Developer shall have the right and power to erect and maintain dignified advertising and to use and employ on the Property other sales devices and 16 arrangements, all to be in good taste and consistent with the quality and character of the development, and for the purpose of advertising Lots and residences in and upon the Property. Developer shall have the further right and power to maintain for the aforesaid period, sales, business and construction offices. 9.4 Developer's Successors and Assigns: Developer's successors and assigns shall have without limitation, qualification or exception, all rights, powers and authority ofthe Developer itself. 9.5 General Rights: The Developer shall have the right to execute all documents or undertake any actions affecting Krystyna Crossing which, in its sole discretion, are either desirable or necessary to fulfill or implement, either directly or indirectly, any of the rights granted or reserved to it by this Declaration. ARTICLE X The Krystyna Crossing Homeowners' Association 10.1 The Association: The Krystyna Crossing Homeowners' Association shall be organized under the Illinois General Not-For-Profit Corporation Act, in a manner that allows such organization to function under this Declaration. The Association shall be the governing body for all of the Owners and for the administration and operation of Ksystyna Crossing as provided in this Declaration and the By-Laws of the Association as identified in attached Exhibit "B ." 10.2 Membership: Membership shall be as follows: (a) There shall be only one class of membership in the Association. The Owner of each Lot shall be a member of the Association, but there shall be only one member per Lot. Membership shall be appurtenant to and may not be separated from Ownership of a Lot. Ownership of a Lot shall be the sole qualification for membership. The Association shall be given written notice of the change of Ownership of a Lot within ten days after such change. (b) One individual shall be designated as the "Voting Member" for each Lot. The Voting Member, or his proxy, shall be the individual who shall be entitled to vote at meetings of the Owners. If the record Ownership of a Lot shall be in more than one person, or if an Owner is a trustee, corporation, partnership or other legal entity, then the Voting Member for the Lot shall be designated by such Owner or Owners in writing to the Board and, if in the case of multiple individual Owners no designation is given, then the Board at its election may recognize an individual Owner of the Lot as the Voting Member for such Lot. The Association shall have the right to suspend the voting rights of any member for any period during which any assessment levied by the Association against the member's Lot remains unpaid. 10.3 Election of a Board of Directors (the "Board",)When Developer notifies the Owners that Developer is ready to transfer and assign to the Association all ofits rights, powers and 17 obligations under this Declaration, the Owners shall proceed to elect a Board of Directors pursuant to Illinois law. If in the judgment ofDeveloper, the Owners fail to elect an initial Board after notice authorizing such election has been given by Developer, then Developer shall have the right to designate, in its discretion, any five of the Owners as an initial Board. A director shall serve for one year, and thereafter until his successor is elected. 10.4 Adoption of Rules and Regulations: The Board may from time to time adopt rules and regulations governing the Community Area and use of the Community Area by the Owners and by all other persons. Developer shall have the right to adopt Rules and Regulations prior to their adoption by the Board. All users of the Community Area and all use of the Community Area shall comply with the Rules and Regulations, and no use shall be made of the Community Area by any person which does not comply with the Rules and Regulations. Although the Rules and Regulations shall apply to, and be effective throughout, including the Lots located therein, the rights, powers and duties of the Board shall be primarily concerned with the Community Area, and the primary responsibility of the board is the management and the operation of the Community Area and enforcement of the provisions of this Declaration. The Rules and Regulations to be adopted by the Board in respect of the Community Area and Lots may cover, among other things and without limitation, matters pertaining to use, pets, discipline and disciplinary measures against violators of said Rules and Regulations. 10.5 Vacancies. Compensation and Other Matters: The Board shall receive no compensation for its services. A vacancy in the Board, whatever the reason for the vacancy, shall be filled by vote of the remaining members of the Board. If there are two or more vacancies in the Board, the vacancies shall be filled by majority vote of the Owners at a special meeting called for that purpose. The Board shall act by majority vote of those present at its meetings when a quorum is present. 10.6 Officers of the Board of Directors: The Board shall elect from among its members a President, a Vice President, a Secretary and a Treasurer. Each officer shall perform the duties which commonly attach to the office he or she holds. 10.7 Meetines of the Owners: When Developer is prepared to transfer and assign all of Developer's rights, powers and obligations to the Association, Developer shall give due notice to Owners of said transfer by certified mail. Owners shall meet within fifteen (15) days of said notice at a place designated by the Owners at which, by majority vote of all Owners present at said meeting, the Owners shall elect the Board hereinabove referred to. Thereafter, the Owners shall meet annually for the purpose of electing Directors at a place to be designated by the Board in Cook County. Developer shall give due notice to Owners of said transfer by certified mail. Owners shall meet within fifteen (15) days of said notice at a place designated by the Gwrners at which The first annual meeting of the Owners shall be held one year, as nearly as practicable, after the date of the first meeting of the Owners, and subsequent meetings shall be held at yearly intervals thereafter. is 10.8 Meetings of the Board: The Board shall meet promptly after the first meeting of the Owners and annually thereafter, at a place to be designated by the Board in Cook County for the purpose of electing officers and transacting any other business which may properly come before the annual meeting. In addition to the said annual meeting, the Board may hold special meetings when business before the Board makes it necessary. Special meetings of the Board shall also be held on the written request of one-third of the Owners, delivered to the Board. The request of the Owners shall state the purpose of the special meeting for which a request has been made, and in response to a proper request by one-third of the Owners, the Board shall set a suitable date for a special meeting and shall give not less than 10 days notice to each Owner, of the date, time and place of the special meeting. ARTICLE XI Rights, Powers and Obligations of Association 11.1 Rights, Powers and Obligations of Association: For the benefit of all the Owners, the Association shall have all powers relating to the maintenance, repair, improvement, management, and operation of the Property including, but not limited to, the power set forth in this Article XI, and all the rights and powers possessed by Developer under the terms of this Declaration including, but not limited to, those rights and powers set forth in Article N hereof, The power of the Association shall include the power to acquire and pay out funds as hereinafter provided for the following community expenses and/or residence expenses: (a) Comprehensive public liability and property damage insurance in such limits as the Association shall deem desirable, insuring the Association itself, its manager, if any, agents and employees, the Owners, including each member of the Board personally, the Trustee and the Developer, its agents and employees, from any liability in connection with the Community Area or the public spaces adjoining the Community Area. Such insurance coverage shall also cover cross liability claims ofone insured against another. The insurance coverage provided for Developer, its agents and employees, shall continue in force and effect only until the time of the transfer by Developer to the Association of all of the rights, powers and obligations of Developer, and said coverage may then be canceled; (b) Workmen's compensation insurance as maybe necessary to comply with applicable -laws and such other forms of insurance as the Association in its judgment shall elect to effect; (D) General real estate taxes, assessments or other charges of governmental bodies against the Community Area; (d) The services of any person or firm employed by the Association. The Association may employ the service of any person or firm to act on behalf of the Owners in connection with real estate taxes and special assessments, and in connection with any other matter where the respective interests of the Owners are deemed by the Association to be similar and non- adverse to each other; 19 (e) Landscaping, gardening, painting, cleaning, maintenance, decorating, repair and replacement in the Community Area as the Association shall determine are necessary and proper, (fl Any other materials, supplies, equipment, labor, services, maintenance, repairs, structural alterations or assessments, tax or otherwise, which the Association is required to secure or pay for pursuant to the terms of this Declaration or the By-Laws; and (g) All funds collected hereunder shall beheld and expended for the purposes designated herein; 11.2 Alterations and Improvements of Communi Area: The Association shall have the right to make or cause to be made alterations and improvements to the Community Area. The costs of such alterations and improvements shall be assessed as community expenses in the manner hereinafter set forth. 11.3 Books and Records: The Association, through its Treasurer or Manager, if any, shall keep complete and correct books of account of the receipts and expenditures relating to the CommunityArea, specifying and itemizing the maintenance and repair expenses of the Community Area and any other expenses incurred. Such records and vouchers authorizing the payments shall be available for inspection by any Owner or any representative of an Owner duly authorized in writing, at such reasonable time or times during normal business hours as may be requested by the Owner. Upon ten days' notice to the Association and payment of a reasonable fee, any Owner shall be finished a statement of his or her account setting forth the amount of any unpaid assessments or other charges due and owing from such Owner for community expenses. 11.4 Emvloyment of Professional Management: The administrative duties of the Board maybe performed by a Manager (which maybe a professional management firm) employed by the Association, and the Association has the right to pay reasonable compensation to a Manger so employed. The Developer has the right, but not the obligation, on behalf of the Owners, to engage the initial Manager and to enter into a contract with said Manager expiring not later than one year after the voluntary turnover to the members of the Association the authority to elect the Board. The professional manager lured may be the Developer, but is not required to be the Developer. 11.5 Execution of Agreements Contracts etc : All agreements, contracts, vouchers for payment of expenditures and other instruments shall be signed by the President of the Board, or by such other persons-and in such manner, as from time to time may be determined by the Board. 11.6 No Business Activity: Nothing in the Declaration shall be construed to give the Association authority to conduct a business for profit on the Community Area or any part hereof. 11.7 Non-Liability of the Board: The Board, Directors, Officers and Developer shall not be personally liable to the Owners or to any others for any mistake in judgment or for any acts or omissions except for any acts or omissions found by a court of competent jurisdiction to constitute 20 criminal conduct, gross negligence or actual fraud. The Owners shall indemnify and hold harmless each member of the Board and the Developer against all contractual liability to others arising out of contracts made by the Board or the Developer on behalf of the Owners unless any such contract shall have been made by criminal conduct, gross negligence, or actual fraud. The liability of the Owners based upon a contract made by the Board or by Developer, or based upon Owners' agreement to indemnify and hold harmless, shall be several, and not joint, and no Owner shall be liable for more than his or her equal proportionate share of any such contract or indemnity liability. Every agreement made by the Board or Developer shall provide that the Board or the Developer, as the case may be, are acting only as agents for and on behalf of the Association and the Owners and shall have no personal liability thereunder (except as Owners), and that each Owner's liability thereunder shall be several, and not joint, and shall not exceed the Owner's equal proportionate share of such contract liability. The indemnity herein provided for shall extend to and be operative in favor of the Manager and all other agents and employees of the Association and the Developer. 11.8 Delegation ofPower: The maintenance, repair, and improvement of the Community Area shall be the responsibility of the Association, but the Association has the right to delegate to the Manager or others such authority and duties as may be granted and imposed upon the Board by this Declaration. 11.9. Funds and Titles for the Owners: All funds and all properties acquired by the Association, and the proceeds thereof, shall belong to the Owners and shall be held for the benefit of the Owners subject to this Declaration for the purposes herein stated. ARTICLE XII Conveyance of Title by Developer to Association 12.1 Developer's Rights. Powers and Obligations Prior to Transfer to Association: Until such time as Developer voluntarily turns over to the Members of the Association the authority to appoint the Board, all ofthe rights, powers and obligations which bythis Declaration are to be vested in the Association or its Board shall be deemed vested in and possessed by Developer. 12.2 Transfer of Rights. Powers and Obligations by Developer to Association When Developer voluntarily hues over to the Members of the Association the authority to appoint the Board, it shall transfer and assign to the Association all of its rights, powers, and obligations under this Declaration. 12.3 Developer's Successors and Assigns: Developer's successors and assigns shall have, without limitation, qualification or exception, all the rights, powers and authority ofDeveloperitself. 12.4 No Capital Reserve to be Maintained by Developer: THE DEVELOPER SHALL NOT BE OBLIGATED TO COLLECT OR FUND CAPITAL RESERVES, BY PURCHASE OR OCCUPATION OF A DWELLING UNIT. OWNERS HEREBY ACKNOWLEDGE THAT ANY AMOUNTS NECESSARY FOR CAPITAL RESERVES SHALL BE THE SOLE AND EXCLUSIVE OBLIGATION OF THE OWNERS THROUGH THE ASSOCIATION 21 AND NEITHER THE OWNERS, ASSOCIATION, NOR THEIR SUCCESSORS AND ASSIGNS SHALL HAVE ANY CAUSE OF ACTION AGAINST DEVELOPER, ITS OFFICERS, AGENTS OR EMPLOYEES FOR ANY DEFICIENCY IN CAPITAL RESERVES. ARTICLE XHI Compliance, Breach of Covenants, and Default 13.1 Rights and Remedies ofAssociation: Each Owner is bound by and shall comply with the terms of this Declaration, the By-Laws, and the Rules and Regulations adopted pursuant thereto, and by all amendments to them. A failure by an Owner other than the Developer to comply with this Declaration, or with the By-Laws, and Rules and Regulations of the Association or any authorized amendment to said Declaration, By-Laws, or Rules and Regulations shall constitute a default by such Owner. If a default occurs, the Association shall have the right to recover damages at law, to procure injunctive relief, to foreclose on any lien rights the Association may have, or to avail themselves of any other rights or remedies permitted at law or in equity including, but not limited to, filing suit pursuant to the Forcible Entry and Detainer Act. All expenses of the Association in connection with any actions orproceedings described herein, including attorney fees incurred in collection and court costs and attorneys' fees and all other expenses of the proceeding, and all damages, liquidated or otherwise, together with interest thereon at the rate set forth in Section 7.8 herein until paid, shall be charged to and assessed against such defaulting Owner, and shall be added to and deemed part of his or her respective share of the annual expenses and the Association shall have a lien for all of the same, as well as for non-payment of his or her respective share of the annual expenses upon the Lot of such defaulting Owner and upon all of his or her additions and improvements thereto and upon all of his or her personal property located on his or her Lot or elsewhere on the Property. The rights and remedies of the Association shall be cumulative and shall be enforceable concurrently in a single proceeding. By virtue of the provision of this Declaration which give Developer all rights and powers of the Association prior to transfer of Developer's rights to the Association, Developer has every right and power and every right and remedy which the Association is given by this Article. 13.2 Liability of Owners for Negligence: Each Owner shall be liable for any damage caused by such Owner's act or negligence, or by the act or negligence of any party whose right to be upon the Community Area is derived from such Owner, but only to the extent that such damage is not covered by insurance carried by the Association. Nothing herein contained, however, shall be construed so as to modify any waiver by an insurance company of rights of subrogation. 13.3 Recovery of Suit Expenses: In anyproceeding commenced by the Association or an Owner based upon or arising out of an alleged default by the Association or an Owner, the prevailing party, whether Association or Owner, shall be entitled to recover all expense of the proceeding, including reasonable attorneys' fees and costs such as but not limited to filings fees, depositions, experts, etc. 22 ARTICLE xIV Amendment and Termination of Declaration 14.1 Amendment Prior to Sale of a Lot: Prior to the sale of any Lot, Developer itself has the right to amend or to terminate this Declaration at any time and in any manner. If Developer elects to terminate this Declaration, Developer may evidence its election by recordation of an appropriate statement oftermination with the Recorder ofDeeds of Cook County, Illinois, and upon such recordation, the entire title in the Property shall stand free and clear of this Declaration. 14.2 Amendment After Sale of a Lot: After one or more Lots have been sold, but prior to Developer's turnover to the Members of the Association. the authority to appoint the Board, Developer itself, acting without concurrence of any other party, has the right to amend this Declaration as often as Developer deems necessary, but no such amendment shall unfairly or unreasonably affect any rights of the Owners of Lots already sold. 14.3 Amendment After All Lots Have Been Sold: After Developer voluntarily turns over to the Members of the Association the authority to appoint the Board, all Lots having been sold by Developer, this Declaration may be amended by a two-thirds (2/3rds) vote of the Owners, but such amendment shall not unfairly or unreasonably affect the rights of the Owners and shall be no less restrictive than this Declaration. 14.4 Procedure on Amendment or Termination: (a) If this Declaration is to be amended or terminated by the Developer solely, pursuant to the above provisions of this Article XIV, which provides for amendment or termination by Developer solely, Developer shall amend or terminate by due execution of an appropriate written instrument setting forth the terms of the amendment, or stating that this Declaration is terminated, as the case maybe. (b) If this Declaration is to be amended before the Developer has voluntarily tuned over to the Members of the Association the authority to appoint the Board, the amendment shall be effected by an appropriate written instrument setting forth the terms of the amendment and duly executed by the Developer. 0) If an amendment is to be effective afterDeveloper has voluntarilytuned over to the Members of the Association the authority to appoint the Board, and after the rights and powers of Developer have been transferred to the Association, then the amendment may be evidenced by a written instrument executed on behalf of sixty-six (66%) percent of the Owners, and participation by the Developer may be required only as the Owner of a Lot or Lots. (d) The instrument effecting an amendment of this Declaration shall, after execution, be recorded promptly in the Office of the Recorder ofDeeds of Cook County, Illinois, and the amendment provided for therein shall become effective and operative upon recordation. 23 14.5 Notices with Respect to Amendment or Termination: All parties who have a right to participate in the amendment ofthis Declaration, subject to Covenants and Restrictions, shall have the right to initiate proceedings for amendment of this Declaration. Any such party desiring to initiate proceedings for amendment shall give at least ten (10) days' prior written notice of the meeting at which amendment or termination is to be considered. If Developer solely amends this Declaration, in pursuance of the foregoing provisions providing for such amendment solely, then within fifteen (15) days after adoption of the amendment, notice of the amendment shall be given by Developer to all Owners, and each Owner, promptlyupon receipt of such notice, shall give notice of the amendment to his mortgagee. 14.6 Amendment Affecting the Rights of the Village: No amendments to the Association's duties and obligations relating to the rights of the Village or the Village's rights may be adopted without the prior written consent of the Village by Ordinance dulypassed and approved by the Corporate Authorities of the Village. ARTICLE XV General Provisions 15.1 Notices - In General: (a) Notices given pursuant to this Declaration or in connection therewith shall be written and shall be delivered in person or by regular mail. Notices of default or formal demands by any party hereunder to any other party shall be sent by certified or registered snail, with respect of return receipt. Notices shall be deemed delivered on the date personal delivery is made or on the date of mailing. Notice to an Owner may be given to the Owner at his or her Lot, unless the Owners has informed the Association otherwise. Notice may be given to the Association at its registered office, or sent to the home of the President of the Board of Directors. Until Developer has transferred all its rights, powers and obligations to the Directors, all notices which the Board would be entitled to receive shall be given to Developer. Notices in respect of meetings or Special Meetings of the Board of Directors or of the Owners shall be given in accordance with the provisions of this Declaration. (b) Notice to the personal representative of a deceased Owner shall be sent to the address furnished by suchpersonal representative to the Board, and ifno address is furnished by said personal representative, the notice to a deceased Owner shall be given to the deceased by a writing directed to the Owner at such Owner's Lot. ®) Upon request of a mortgagee of a Lot, and payment of a reasonable charge therefor, the Board shall supply to said mortgagee a copy of any amendment to this Declaration. 15.2 Non-Waiver Except by Written Instrument: No conditions, covenants, restrictions, reservations, grants or other provisions of this Declaration shall be deemed to have been waived by silence, or inaction, or failure to enforce rights or by any other matters whatsoever, other than a 24 writing executed by the party against whom the waiver is asserted, which expressly states that a specified right or remedy is being waived. No waiver shall be deemed to have been affected by the failure to enforce rights or remedies of which a party is possessed, regardless of the number of breaches or violations of said rights which have occurred. 15.3 Liberal Interpretation: This Declaration shall be liberally construed so as to effectuate and facilitate the objectives of this Declaration as hereinabove set forth. Narrow, technical and literal construction of this Declaration inconsistent with the objectives of the Developer or the Association shall be avoided. 15.4 Rule Aeainst Perpetuities: Should any provision of this instrument be unlawful or void for violation of : (a) the rule against perpetuities or some analogous statutory provision, (b) the rule restricting restraints or alienation, or ©) any other statutory or common law rules imposing time limits, then, and in that event, such provisions shall be deemed to be operative only until twenty-one (21) years after the death of the last survivor of the now living descendants of George W. Bush, President of the United States of America. 15.5 Partial Invalidity- Severabiliiy: The invalidity of any of the conditions, covenants, restrictions or reservations herein contained, or of any other provision or provisions, of whatever nature, of this Declaration shall not in any way impair or affect the validity or enforceability of any other provision or provisions of this Declaration, and any such invalidity or enforceability of other provision of this Declaration as remains, and any such invalidity shall be deemed partial and separable, and all of this Declaration shall be deemed valid, enforceable and binding except for the invalid provision. 15.6 Gender. Wheneverthe context so requires, use of the plural form shall include the singular, use of the singular form shall include the plural and any gender shall be deemed to include both genders. Prior to completion of development of the Property and sale of all Lots by Developer and to Developer's transfer of its rights, powers and obligations to the Board and Association, all references to the rights, powers and obligations of and to the Board or Association shall be read as references to the rights, powers and obligations of the Developer. The term "sale" means a sale consummated by delivery of a Trustee's Deed to a Lot to an Owner other than Developer. 15.7 Captions: Captions used in this Declaration are inserted solely as a matter of convenience and shall not be relied upon or used in construing the text thereof. 15.8 Recordation: Prior to consummation of the sale of the first Lot in the Property by delivery of a Deed to said Lot, this Declaration shall be recorded in the Office of the Recorder of Deeds of Cook County, Illinois. All amendments to the Declaration shall also be recorded in said Recorder's office. 15.9 Conflicts Between Declaration and Village Ordinance Provisions: Jn the event there is at any time a conflict between any provision of this Declaration and any provision of any then 25 effective ordinance, rule or regulation of the Village, the ordinance, rule or regulation of the Village then in effect shall prevail, but only to the extent it is more restrictive than this Declaration. ARTICLE XVI Village The following covenants and provisions are intended to inure to the benefit of the Village and it is specified and provided as follows: 16.1 Right of Village to Perform Obligations ofAssociation: In the event the Association fails to perform any ofits obligations required to be performed by it pursuant to the provisions of this Declaration and such delinquency shall exist on the part of the Association for aperiod ofthirty (30) days after the date of delivery by the Village to the Association of written notice advising the Association of the existence and nature of such delinquency, the Village shall have the right, but not the obligation, to perform the obligations required to be performed by the Association pursuant to this Declaration. In the event the Village elects so to do, the Association shall pay promptly to the Village the amount of the cost and expense incurred by it in the performance of such work, including compensation for staff time, the use of Village equipment, as well as materials and outside services. 16.2 Right of Village to Levy Assessment: In the event the Village performs any of the Association's duties and obligations and the Association fails to paythe Village any costs it incurred as aforesaid, within thirty (30) days after the date of the Village's demand for payment or date of any statement, the Village shall have the right to levy an assessment on all Lots for the costs and expenses incurred by it in the performance of such work to the same extent and as fully as the association might do pursuant to the provisions contained herein. Should any Owner fail to pay to the Village such Owner's portion of any assessment levied pursuant to this paragraph upon the due date thereof, then the Village shall have the right to exercise all rights, powers, privileges and remedies granted to the Association by this Declaration, and any other remedies provided by law. This paragraph is not a limitation on other remedies that maybe pursued by the Village. [Remainder of Page Intentionally Left Blank] 26 IN WITNESS WHEREOF, the undersigned have caused this instrument to be duly executed as of this date. ALL PRO DEVELOPMENT, INC. an Illinois Corporation By: By: EA. ANDRUKIEWICZ, President ANDRZEJ BEDNARCZYIC, Secretary STATE OF ILLINOIS) SS COUNTY OF COOK) I, the undersigned, a NotaryPublic in and for the County and State aforesaid, DO HEREBY CERTIFY that EA. Andrukiewicz President of ALL PRO DEVELOPMENT, INC. and Andrzej Bednarczyk, Secretary of ALL PRO DEVELOPMENT, INC., personally known to me to be the same persons whose names are subscribed to the foregoing instrument, respectively, appearedbefore me this day in person and acknowledged that they signed and delivered the said instrument as the free and voluntary act ofALL PRO DEVELOPMENT, INC, an Illinois Corporation, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , 2004. (Notarial Seal) Notary Public 27