O-46-06 07/24/2006Doc#: 0719222063 Fee: $196.00
Eugene "Gene" Moore RHSP Fee:$10.00
Cook County Recorder of Deeds
Date: 07/11/2007 12:08 PM Pg: 1 of 137
ORDINANCE NO. 0 -46 -06
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION
AGREEMENT FOR APPROXIMATELY 8.85 ACRES LOCATED AT 15338, 15350 AND
15362 WEST 127TH STREET LEMONT, ILLINOIS
After Recording Mail To: Village Clerk
Village of Lemont
416 Main Street
Lemont, Illinois 60439
Lr:
OK BY
ORDINANCE NO. 0-
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION
AGREEMENT FOR APPROXIMATELY 8.85 ACRES LOCATED AT 15338, 15350 AND
15362 WEST 127th STREET LEMONT, ILLINOIS
(ASHBURY WOODS 3)
WHEREAS, the legal owners of record of the territory which is the subject of an
Annexation Agreement are ready, willing and able to enter into said agreement and perform the
obligations as required therein; and
WHEREAS, a copy of said Annexation Agreement has been attached hereto and
included herein; and
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 24th day of July, 2006.
Debbie Blatzer
Peter Cowles
Clifford Miklos
Brian Reaves
Ron Stapleton
Jeanette Virgilio
Attest:
AYES
v
V
NAYS ABSTAIN ABSENT
4-4f
CHARLENE SMOLLEN, Village C— ler k�
Approved b me this 24th day of July, 2006
JOHN F. P age President
G: \COMMUNITY DEVELOPMENT DEPT\200 - DE VELOPMENTICASE FILES 12006\26 -13 Ashbury Woods 310rdinances\Ord to Execute AMC AGREE AW3wpd
ASHBURY WOODS SUBDIVISION UNIT III
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
VII Water System Improvement Contribution
VIII Easements and Utilities
IX Development Codes and Ordinances and General Matters
X Model Units, Sales Trailer, Advertising Sign
XI Approval of Plans
XII Notice of Violations
XIII Maintenance Bond
MTV Damage to Public Improvements
XV Binding Effect and Term and Covenants Running with the
Land
XVI Notices
XVII Certificates of Occupancy
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 Reimbursement of Costs
XXXIII Execution of this Agreement
—2—
EXHIBITS
EXHIBIT TITLE
A Legal Description of Subject Property
B Plat of Annexation of Subject Property
C
D
E
F
H
J
Preliminary P.U.D. Site Plan, prepared by IG Consulting,
Inc. and dated May 5, 2006
Preliminary Engineering Plan, prepared by IG Consulting,
Inc. with a revision date of April 19, 2006
Architectural Building Elevations and Floor Plans, prepared
by Donven Homes, Inc.
Tree Preservation and Preliminary Landscape Plans dated
May 8, 2006
Existing Tree Survey, prepared by BW Consulting and
dated May 5, 2006
Declaration for Ashbury Woods Development, LLC
—3—
ASHBURY WOODS SUBDIVISION UNIT III
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this day of July, 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 DONVEN HOMES INC., (hereinafter
referred to as the "OWNER ") and ASHBURY WOODS DEVELOPMENT, LLC (hereinafter
referred to as the "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:
I
ANNEXATION
1. Subject 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 -5 Single Family Attached Residence District with 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 OWNER to cause the TERRITORY to be re -zoned
once the TERRITORY is annexed to the VILLAGE. The TERRITORY shall be developed in
accordance with Preliminary P.U.D. Site Plan, prepared by IG Consulting, Inc. and dated May 5,
2006 attached hereto and incorporated herein as Exhibit "C"; Preliminary Engineering Plan, prepared
by IG Consulting, Inc. with a revision date of April 19, 2006 attached hereto and incorporated herein
as Exhibit "D"; Architectural Building Elevations and Floor Plans, prepared by Donven Homes, Inc.
attached hereto and incorporated herein as Exhibit "E"; Tree Preservation and Preliminary Landscape
Plans dated May 8, 2006 attached hereto and incorporated herein as Exhibit "F "; Existing Tree
Survey, prepared by BW Consulting and dated May 5, 2006 attached hereto and incorporated herein
as Exhibit "G "; and Declaration for Ashbury Woods Development, LLC, prepared by Donven
Homes, Inc., dated 01/08/03 attached hereto and incorporated herein as Exhibit "H ".
2. Planned Unit Development approval shall lapse in the event the DEVELOPER does not
file a complete application for a site development permit within one (1) year of the effective date of
this AGREEMENT.
3. As provided in Chapter XVI.H.8 (Special Use — Planned Unit Developments) of the
—5—
Lemont Zoning Ordinance, the Village has deemed it appropriate to approve the following selected
variations of minimum requirements as part of the Planned Unit Development for Ashbury Woods
Subdivisions, Phase III:
• Variation from §2.01.B of the Standard Specifications for Design and Construction of Public
Improvements and Private Site Improvements to reduce the public street right of way from 66 feet to
60 feet.
• Variation from §7.02.B.9 of the Standard Specifications for Design and Construction of Public
Improvements to increase the maximum high water depth for dry detention ponds from four feet to five
feet
4. 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
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.
5. 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.
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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 of the 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.
—6—
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 or a Homeowners
Association to be established by DEVELOPER, with right of access by the VILLAGE for emergency
maintenance purposes.
3. Detention Area/Open Space. The DEVELOPER agrees to construct detention basins in
accordance with Village standards which include the requirement to sod the detention basins which
are to be conveyed and owned by the homeowner association, along with Open Space Areas as
delineated on the Plan along with various landscaping amenities detailed in the Landscape Plan.
IV
DEDICATION AND CONSTRUCTION OF STREETS; SIDEWALKS;
MISCELLANEOUS
1. Public Improvements. All streets 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, street lights, 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
—7—
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
CONTRIBUTIONS AND ANNEXATION FEES
1. The OWNER/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:
District/Purpose
School District 113A
High School District
Park District
Library District
Village Annexation Fee
Fire Protection District
($239 x 39 Unsprinkled Units)
Contribution Amount
$ 23,550.96
$ 6,920.00
$ 135,930.00
$ 4,133.18
$ 2,500.00
$ 9,321.00
TOTAL: $ 179,855.14
2. 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.
3. 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,
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providing its residents, and in particular the future residents of the TERRITORY, with access to
and use of public 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
WATER SYSTEM IMPROVEMENT CONTRIBUTION
The OWNER shall contribute to the VILLAGE the cost of expanding the VILLAGE well and
storage capacity to allow the VILLAGE to supply water to the TERRITORY. The contribution to
the VILLAGE shall be added to the usual and customary connection fee and shall be paid at the time
of connection. The parties agree that $1,000.00 shall be paid for each attached single - family unit.
VIII
EASEMENTS 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.
IX
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
9
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
credit, in a form satisfactory to, and from a bank or other financial institution approved by, the
VILLAGE in the amount of 115% 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
10
not draw upon the Letter of Credit if DEVELOPER removes the debris as directed by the VILLAGE
within the ten (10) day notice period.
X
MODEL UNITS, SALES TRAILER, ADVERTISING SIGN
The VILLAGE agrees that the provisions contained in Articles VI and VII of that certain
"Ashbury Woods Annexation Agreement" dated March 11, 2002, between the VILLAGE and
DEVELOPER pertaining to model units, sales trailer and an advertising sign and specifically, the
obligations of the DEVELOPER thereunder, shall be incorporated herein and extended during the
construction of the Ashbury Woods Subdivision, Phase III.
XI
APPROVAL OF PLANS
VILLAGE agrees to expeditiously take action to approve or disapprove all plats, plans and
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.
XII
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.
XIII
MAINTENANCE BOND
At the time or times of acceptance by VILLAGE of the installation of any part, component or
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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.
XIV
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
ordinary usage, wear and tear.
XV
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.
XVI
NOTICES
Unless otherwise notified in writing, all notices, requests and demands shall be in writing and
12
shall be personally delivered to or mailed by United States Certified mail, postage prepaid and return
receipt requested, as follows:
For the VILLAGE: For the DEVELOPER:
Village Clerk
418 Main Street
Lemont, IL 60439
Ashbury Woods
Development, LLC
6428 Joliet Road
Countryside, IL 60525
With copy to:
Goldstine, Skrodzki,
Russian, Nemec and
Hoff, Ltd.
835 McClintock Dr.
Burr Ridge, IL 60527
Or such other addresses that any party hereto may designate in writing to the other parties pursuant to
the provisions of this Section.
XVII
CERTIFICATES OF OCCUPANCY
1. Within five (5) 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 1st
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.
XVIII
WARRANTIES AND REPRESENTATIONS
The OWNER and DEVELOPER represents and warrants to the VILLAGE as follows:
1. That Ashbury Woods Development, LLC.. identified on page 4 hereof is the OWNER as
legal title holder and owner of record of all the respective parcels of the TERRITORY.
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2. That other than the OWNER and DEVELOPER, no other entity or person has any interest
in the TERRITORY or its development as herein proposed.
3. That OWNER and DEVELOPER have 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.
XIX
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
released OWNER and DEVELOPER from any all of such obligations.
XX
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.
XXI
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.
XXII
SINGULAR AND PLURAL
Wherever appropriate in this Agreement, the singular shall include the plural, and the plural
14
shall include the singular.
XXIII
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.
XXIV
RECORDING
A copy of this Agreement and any amendments thereto shall be recorded by the
DEVELOPER at the expense of the DEVELOPER within 30 days after the execution hereof.
XXV
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.
XXVI
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.
XXVII
COUNTERPARTS
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This Agreement may be executed in two or more counterparts, each of which taken together,
shall constitute one and the same instrument.
XXVIII
CURING DEFAULT
It is understood by the parties hereto that time is of the essence of this Agreement. The
parties to this Agreement reserve a right to cure any default hereunder within fifteen (15) days from
written notice of such default.
XXIX
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.
XXX
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 judgment or decree shall relieve VILLAGE from performance
under such invalid provision of this Agreement.
XXXI
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.
XXXII
REIMBURSEMENT OF COSTS
The DEVELOPER agrees to reimburse the VILLAGE for reasonable attorney's fees,
planning consultants and engineering costs incurred by the VILLAGE in connection with the
16
annexation of the TERRITORY, or in the enforcement of any of the terms of the Annexation
Agreement upon a default by the OWNER. Such payment shall be made promptly upon receipt of a
request from the VILLAGE of such reimbursement, with copies of the bills attached.
XXXIII
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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day
and year first above written.
ATTEST:
By
VILLAGE OF LEMONT
an Illinois Municipal ' i . oration • By: it _► r4
Village 're- dent
OWNER AND DEVELOPER; ASHBURY WOODS DEVELOPMENT LLC:
By:
Managing Member
By:
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
17
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, thisn(, '1 day of , 2006.
OFFICIAL SEAL
ROSEMAY YATES
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 8-13-2008
STATE OF ILLINOIS
)
) SS.
COUNTY OF COOK )
Notary Pu
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY
CERTIFY that the above -named Scott A. Stevens, Managing Member of Ashbury Woods
Development, LLC 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 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 , 2006.
Notary Public
18
LEGAL DESCRIPTION.:.
PARCEL 1:
EXHIBIT A
THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4
OF THE NORTHEAST 1/4 (EXCEPT THE NORTH 50.00 FEET
THEREOF AS PREVIOUSLY OCCUPIED AND /OR TAKEN FOR
ROADWAY PURPOSES) OF SECTION 32, TOWNSHIP 37 NORTH,
RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK
COUNTY, ILLINOIS.
PERMANENT REAL ESTATE INDEX NO.: 22 -32 -201 -002,
AND
PARCEL 2: THE WEST 1/2 OF THE WEST 1/2 OF THE EAST 1/2 OF THE
NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST
1/4 (EXCEPT THE NORTH 50.00 FEET THEREOF AS PREVIOUSLY
OCCUPIED AND/OR TAKEN FOR ROADWAY PURPOSES) OF SECTION
32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERDIAN, IN COOK COUNTY, ILLINOIS.
PERM/INENT REAL ESTATE INDEX NO.: 22 -32 -201 -003,
AND
PARCEL 3: THE WEST 1/2 OF THE EAST 1/2 OF THE EAST 1/2 OF THE
NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST
1/4 (EXCEPT THE NORTH 50.00 FEET THEREOF AS PREVIOUSLY
OCCUPIED AND /OR TAKEN FOR ROADWAY PURPOSES) OF SECTION
32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PARCEL 4: THE EAST 1/2 OF THE WEST 1/2 OF THE EAST 1/2 OF THE
NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST
1/4 (EXCEPT THE NORTH 50:00 FEET THEREOF AS PREVIOUSLY
OCCUPIED AND /OR TAKEN FOR ROADWAY PURPOSES) OF SECTION
32, TOWNSHIP 37 NORTH, RANGE II, EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PERMANENT REAL ESTATE INDEX NO.: 22 -32- 201 -015.
19
EXHIBIT B
1
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ASHBURY WOODS UNIT
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TREE PRESERVATION & LANDSCAPE PLAN for:
ASHBURY WOODS UNIT #3
A DONVEN HOMES COMMUNITY
127th STREET & ASHBURY PLACE
LEMONT, ILLINOIS
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DETENTION
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PLANT LEGEND
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H• 0 • M• E•
EXHIBIT G
ASHBURY WOODS UNIT 3
127TH STREET
LEMONT, ILLINOIS
Development by Donven Homes Inc.
6428 Joliet Road
Countryside, Illinois
Prepared by BW Consulting
5 -05 -06
ASHBURY WOODS DEVELOPMENT — PHASE 3
TREE PRESERVATION REPORT
The trees in the report have been qualified for health, form, and desirability, by a
rating schedule of 0 to 5:
0 — Dead or nearly so - 5% of the trees within the construction area
1 — Poor in one of more the qualities - 32% of the trees within the
construction area
2 — Below average in one or more of the qualities — 28% of the trees within
the construction area
3 — Average in most of the qualities —13% of the trees within the
construction area
4 — Above average in most of the qualities — 8% of the trees within the
construction area
5 — Specimen with all of the qualities of the criteria — 14% of the
trees within the construction area
The decision to save particular trees has been based upon the 0 to 5 rating and
upon the tree location on the site.
Trees rated 0 are all to be removed. Trees rated 1 & 2 are usually indicated for
removal except where clustering of the trees is viable and the location criteria is
met. Trees rated 3, 4 & 5 have been considered for preservation provided the
location criteria is met.
The criteria for tree location is as follows:
• Trees must be outside the street and right -of -way
• Trees must be outside of utility easements; likely located in the front for
periphery lots
• Trees must be outside of building envelopes
• Trees must be outside of stormwater management basins
The Tree Preservation Report list of trees is marked with an S indicating those
trees within the construction areas we will attempt to preserve.
ASHBURY WOODS DEVELOPMENT LLC - PHASE 3
EXISTING TREE SURVEY
S/R
TAG
COMMON NAME
BOTANICAL NAME
SIZE
COND
COMMENT
R
1901
Silver Maple
Acer saccharinum
28"
4
R
1902
Cottonwood
Populus deltoides
12"
1
R
1903
Cottonwood
Populus deltoides
40"
1
Trunk cavity
R
1904
Black Cherry
Prunus serotina
13"
1
R
1905
Black Cherry
Prunus serotina
10"
1
R
1906
Slippery Elm
Ulmus rubra
9"
1
R
1907
Cottonwood
Populus deltoides
18"
1
R
1908
Cottonwood
Populus deltoides
18"
1
R
1909
Elm
Ulmus
15"
0
Dead
R
1910
Silberian Elm
Ulmus pumila
10"
1
R
1911
Cottonwood
Populus deltoides
18"
1
R
1912
Slippery Elm
Ulmus rubra
9"
1
R
1913
Cottonwood
Populus deltoides
8"
1
R
1914
Cottonwood
Populus deltoides
8"
1
R
1915
Slippery Elm
Ulmus rubra
8"
1
R
1916
Slippery Elm
Ulmus rubra
8"
1
R
1917
Siberian Elm
Ulmus pumila
8"
1
R
1918
Siberian Elm
Ulmus pumila
21"
0
Trunk cavity
R
1919
Black Locust
Robinia pseudoacacha
31"
2
R
1920
Black Cherry
Prunus serotina
7"
0
R
1921
Buckthorn
Rhamnus cathartica
8"
1
S
1922
Siberian Elm
Ulmus pumila
24"
2
1923
No Tag
R
1924
Siberian Elm
Ulmus pumila
33"
1
R
1925
Slippery Elm
Ulmus rubra
12"
2
R
1926
Slippery Elm
Ulmus rubra
14"
0
Dead
S
1927
Apple Tree
Malus pumila
8"
1
S
1928
Black Cherry
Prunus serotina
9"
1
R
1929
Siberian Elm
Ulmus pumila
15"
0
Dead
S
1930
Siberian Elm
Ulmus pumila
24"
2
S
1931
Apple Tree
Malus pumila
12"
1
S
1932
Siberian Elm
Ulmus pumila
8"
1
S
1933
Siberian Elm
Ulmus pumila
8"
1
S
1934
Siberian Elm
Ulmus pumila
13"
1
S
1935
Slippery Elm
Ulmus rubra
13"
1
R
1936
Siberian Elm
Ulmus pumila
25"
1
R
1937
Schwedler Maple
Acer platanoides
16"
5
Var.Schwedleri
R
1938
Siberian Elm
Ulmus pumila
30"
1
R
1939
Siberian Elm
Ulmus pumila
25"
1
R
1940
Red Cedar Juniper
Juniperus virginiana
12"
2
R
1941
Green Ash
Fraxinus pennsylvanica
18"
1
S
1942
Green Ash
Fraxinus pennsylvanica
20"
3
R
1943
Red Cedar Juniper
Juniperus virginiana
9"
1
R
1944
Red Cedar Juniper
Juniperus virginiana
9"
1
S
1945
White Oak
Quercus alba
28"
4
S
1946
Silver Maple
Acer saccharinum
16"
3
R
1947
Norway Spruce
Picea abies
12"
1
S
1948
Norway Maple
Acer platanoides
19"
5
R
1949
Colorado Spruce
Picea pungens
8"
1
S/R
TAG
COMMON NAME
BOTANICAL NAME
SIZE
COND
COMMENT
R
1950
Siberian Elm
Ulmus pumila
18"
1
R
1951
Honeylocust
Gleditsia triacanthos
9"
3
R
1952
Siberian Elm
Ulmus pumila
31"
2
R
1953
Siberian Elm
Ulmus pumila
32"
2
R
1954
Siberian Elm
Ulmus pumila
12"
1
R
1955
Siberian Elm
Ulmus pumila
34"
2
R
1956
Siberian Elm
Ulmus pumila
18"
1
R
1957
Siberian Elm
Ulmus pumila
24"
1
R
1958
Siberian Elm
Ulmus pumila
32"
4
R
1959
Siberian Elm
Ulmus pumila
12"
1
R
1960
Black Locust
Robina pseudoacacia
30"
1
Trunk cavity
R
1961
Silver Maple
Acer saccharinum
27"
3
S
1962
Colorado Spruce
Picea pungens
19"
1
R
1963
Colorado Spruce
Picea pungens
18"
1
R
1964
Black Locust
Robinia pseudoacacia
30"
1
R
1965
Silver Maple
Acer saccharinum
18"
3
R
1966
Green Ash
Fraxinus pennsylvanica
21"
1
Trunk cavity
R
1967
Green Ash
Fraxinus pennsylvanica
15"
3
R
1968
Green Ash
Fraxinus pennsylvanica
12"
2
R
1969
Green Ash
Fraxinus pennsylvanica
20"
1
Cavity
R
1970
Box Elder
Acer negundo
8"
1
R
1971
Box Elder
Acer negundo
8"
0
Dead
VEXATION
DOS 11NG CORPORATE WITS OF THE MLIACE OF 1.EJLONT
PARCEL 4 PARCEL 3
'NT, LLC.
40525
PN: 22 -32- 201 -002 -MOO (Parcel 1)
PN: 22- 32- 201 -003 -0000 Parcel 2)
00
PIN: 22 -32- 201-015 -00 ar0H 3 ona 4)
GRAPHIC SCALE
(IN FIR')
1 inch = 40 EL
`EASING CORPORATE LIMITS OF INE DEUCE OE LEMONT
32
T 723
AMISS K44 MT .2
OS LW V03 IUf -lR JR SRA
SURVEYOR'S IFRlIFMATF
STATE OF 1LLN0IS)
C0JNTY OF NLL) 55.
TIPS IS TO CERTIFY THAT I. NIGIIAEL J. NELSON, RE0STEREO LAND
SURVEYOR N0, 035 -30205, HATE SURVEYED THE ABOVE DESCRIBED
PROPERTY AS SHORN ON THIS PLAT OF ANNEXATION, WON 15 A
CORRECT REPRESENTATION OF SAD SURVEY. ALL DISTANCES ARE
SHORN N FEET AND DECIMALS 11HEREOF.
CI3N UNDER BY HAND MID SEAL AT PLAINFIELD, ILLINOIS, TW5
20114 DAY OF
UNIX PROFESSCIUL LAND SURVEYOR NO. 035 -095
05- 295TOPO/YROJ -05- 295- ANIEXDYC
EXHIBIT H
JAN 0 8 2003
DECLARATION
FOR
-- ASHBURY WOODS
(LEMONT, ILLINOIS)
ASHBURY WOODS DEVELOPMENT, LLC
DEVELOPER
PREPARED BY AND MAIL TO:
Richard J. Skrodzki, Esq.
Thomas P. Russian, Esq.
Goldstine, Skrodzki, Russian,
Nemec and Koff, Ltd.
835 McClintock Drive
Second Floor
Burr Ridge, IL 60527
Phone: 630 -655 -6000
Declaration, which rights shall include, without limitation, the
right, prior to the Turnover Date, to appoint all members of the
Board, as more fully described in Article Nine, the right to come
upon the Development Area in connection with Developer's efforts to
sell Dwelling Units and other rights reserved in Article Nine.
NOW, THEREFORE, the Developer declares as follows:
ARTICLE ONE
Definitions
For the purpose of brevity and clarity, certain words and
terms used in this Declaration are defined as follows:
1.01 BOARD: The Board of Directors of the Residential
Association, as constituted at any time or from time to time, in
accordance with the applicable provisions of Article Five.
1.02 BY -LAWS: The By -Laws of the Residential Association as
described in Exhibit "C" hereto.
1.03 CHARGES: The Townhome Assessment, any special assessment
levied by the Residential Association and /or any other charges or
payments which an Owner is required to pay or for which an Owner is
liable under this Declaration or the By -Laws.
1.04 COMMUNITY AREA: All Lot Areas and all portions of the
Parcel other than Dwelling Unit Exteriors and the residential units
comprising a Dwelling Unit. The Community Area shall generally
include, but not be limited to, open space, Unit Driveways, common
drives, parking areas, walkways, storm water detention and /or
retention areas, storm sewers, entranceway on 127th Street,
streets, street islands and green areas (even if located within the
boundaries of a Lot). The Community Area shall also include the
landscaping of the south side parkway on 127th Street adjacent to
the Development and the north side parkway on 129th Street adjacent
to the Development. The Community Area shall be administered,
maintained, repaired and replaced by the Residential Association.
The Community Area may sometimes be referred to as "Common Area or
"Common Elements." The Community Area includes Lots 22, 23, 24, 25
and Outlots A and B in the Parcel.
1.05 COUNTY: Cook County, Illinois, or any political entity
which may from time to time be empowered to perform the functions
or exercise the powers vested in Cook County as of the Recording of
this Declaration.
2
1.13 LOT AREA: All portions of the Lot which are not improved
with a residential unit, including all Unit Driveways and open,
landscapable areas. Lot Areas are designated as part of the
Community Area to be maintained by the Residential Association.
1.14 MORTGAGEE: The holder of a bona fide first mortgage,
first trust deed or equivalent security interest covering a
Dwelling Unit.
1.15 NON - OWNER: A person other than an Owner or a Resident.
1.16 OWNER: A Record owner, whether one or more Persons, of
fee simple title to any Dwelling Unit, including contract sellers,
but excluding those having such interest merely as security for the
performance of an obligation. The Developer shall be deemed to be
an Owner with respect to each Dwelling Unit owned by the Developer.
1.17 PARCEL: That portion of the Development Area which is
described in Exhibit "B" hereto, as Exhibit "B" may be amended from
time to time, with all improvements thereon and rights appurtenant
thereto. The Developer may make an Added Parcel subject to this
Declaration pursuant to Article Eight.
1.18 PARKING AREA: A portion of the Community Area which is
improved with outdoor unassigned parking spaces for the parking of
motor vehicles by Residents, their guests or invitees; provided,
however, the portion of the Lot Area extending perpendicular from
a Dwelling Unit's garage to the public street shall be for the
exclusive parking of an Owner or invitees.
1.19 PARTY WALL: The wall, floor or ceiling shared by
adjoining residential units located on adjacent Lots.
1.20 PERSON: A natural individual, corporation, partnership,
trustee or other legal entity capable of holding title to real
property.
1.21 RECORD: To record in the office of the Recorder of Deeds
of Cook County, Illinois.
1.22 RESIDENT: An individual who resides in a Dwelling Unit
and who is either an Owner, a tenant of the Owner, a contract
purchaser of the Dwelling Unit, or a relative of any such Owner,
tenant or contract purchaser.
1.23 RESIDENTIAL ASSOCIATION: The Ashbury Woods Residential
Association, an Illinois not - for - profit corporation, its successors
and assigns.
4
rights, benefits and privileges which are
reserved or declared by this Declaration shall be ranted
deemed toebe
covenants appurtenant, running with the land and shall at all times
inure to the benefit of and be binding on any Person having at any
time any interest or estate in any part of the Parcel. Reference
in any deed of conveyance, lease, mortgae, trust deed,
evidence of obligation or other instrument to the provisions other
of
this Declaration shall be sufficient to create and reserve all of
the covenants, conditions, restrictions, easements, reservations,
liens, charges, rights, benefits and privileges which are granted,
created, reserved or declared by this Declaration, as fully and
completely as though they were set forth in their entirety in any
such document.
2.03 DURATION: Except as otherwise specifically provided
herein, the covenants, conditions, restrictions, ,
reservations, liens, and charges, which are granted, reserved easements
declared by this Declaration shall be appurtenant to and shall run
with and bind the land for a period of forty (40) years from the
date of Recording of this Declaration and for successive periods of
ten (10) years each unless revoked, changed or amended in whole or
in part by a Recorded instrument executed by not less than
three - fourths (3/4) of the then Owners.
2.04 DWELLING UNIT CONVEYAN E:
conveyed by the Developer to a bona fide e a Dwelling Unit has been
purchaser for value, then
any subsequent P
quent conveyance or transfer of ownership of the Dwelling
Unit shall be of the entire Dwelling Unit and there shall be no
conveyance or transfer of a portion of the Dwelling Unit without
the prior written consent of the Board.
ARTICLE THREE
Covenants and Restrictions as to Use and
Maintenance of the Dwellin• Unit Exterior and Dwellin- Units
3.01 ININ RA
G--- E�L: The restrictions and limitations contained
in this Article shall be subject to the rights of the Developer set
forth in Article Nine.
3.02 OWNERSHIP: RP: At the time that portions of the Development
Area are made subject to this Declaration, they shall consist of
Lots or other property which may be conveyed to the Residential
Association as Community Area for the benefit of all residents of
the Development.
3.03 ACCESS EASEMENT: Each Owner shall have a non- exclusive
perpetual easement for ingress to and egress from his Dwelling Unit
6
3.08 EASEMENTS, LEASES, LICENSES AND CONCESSIONS: The
Developer and the Residential Association shall have the right and
authority from time to time to lease or grant easements, licenses,
or concessions with regard to any portions or all of the Dwelling
Unit Exterior for such uses and purposes as Developer or the Board
deems to be in the best interests of the Owners and which are not
prohibited hereunder, including, without limitation, the right to
grant easements for utilities and similar and related purposes:
Any and all proceeds from leases, easements, licenses or
concessions with respect to the Lot Areas and Dwelling Unit
Exterior shall be used to pay the Townhome Expenses. The
Residential Association shall have the right and power to dedicate
any part or all of the roads or parking areas which constitute part
of the Dwelling Unit Exterior to the County, the Village or any
municipality or other governmental authority which has jurisdiction
over the Development. Some Lots may, if necessary, have an
exterior room for fire alarm panels affecting more than one (1) Lot
and several Lots may have, in addition, a control panel for the
irrigation system. The Residential Association and governmental
agencies shall have an ingress and egress easement for maintenance
of same. In addition, the electricity for said fire alarm panels
and irrigation system shall be metered on the Lot where located.
As a consequence, the Residential Association, at its sole
discretion, shall determine the reasonable cost of the electrical
usage and reimburse the Owner for this cost. Each Person, by
acceptance of a deed, mortgage, trustee's deed, other evidence of
obligation, or other instrument relating to a Lot, shall be deemed
to grant a power coupled with an interest to the Board, as
attorney -in -fact, to grant, cancel, alter or otherwise change the
easements provided for in this Section. Any instrument executed
pursuant to the power granted herein shall be executed by the
President and attested to by the Secretary of the Residential
Association and duly Recorded.
3.09 MAINTENANCE, REPAIR AND REPLACEMENT OF THE DWELLING UNIT
EXTERIOR:
A. Maintenance, repairs and replacements of the Dwelling
Unit Exterior shall be furnished by the Residential Association,
and shall include, without limitation, the following:
(i) Normal maintenance, repair and replacement of the
roof, outer surface of exterior walls, foundations, steps,
footings, driveways, walkways and patios, but excluding the
replacement of broken glass, or the repair of damage to garage
doors, or matters customarily covered by an Owner's extended
coverage hazard insurance as described in Paragraph 4.02;
(ii) Maintenance, repair and replacement of water, sewer,
electrical and other systems which serve more than one
8
(i) Require the Owner to remove the addition, alteration
or improvement and restore the Dwelling Unit Exterior to its
original condition, all at the Owner's expense; or
(ii) If the Owner refuses or fails to properly perform
the work required under (i), the Board may cause such work to
be done and may charge the Owner for the cost thereof as
determined by the Board; or
(iii) Ratify the action taken by the Owner, and the Board
may (but shall not be required to) condition such ratification
upon the same conditions which it may impose upon the giving
of its prior consent under this Section.
3.13 NO DEDICATION TO PUBLIC USE: Nothing contained in this
Declaration shall be construed or be deemed to constitute a
dedication, express or implied, of any part of the Dwelling Unit
Exterior to or for any public use or purpose whatsoever.
3.14 USE RESTRICTIONS:
A. No industry, business, trade, occupation or profession of
any kind, commercial, religious, educational or otherwise,
designated for profit, altruism, exploration or otherwise shall be
conducted, maintained or permitted in any dwelling, or accessory
building or on any Lot. This Section shall not be construed in
such a manner as to prohibit an owner from maintaining his personal
and /or professional library therein, keeping his personal business
and /or professional records or accounts therein or handling his
personal business and /or professional telephone calls or
correspondence therefrom. However, an owner shall not meet with
clients on the Lot in connection with his or her business;
B. No clothes, sheets, blankets, laundry of any kind or
other articles shall be hung out on any portion of any Dwelling
Unit Exterior. The Parcel shall be kept free and clear of all
rubbish, debris and other unsightly materials and no waste shall be
committed thereon. All rubbish shall be stored in the Dwelling
Unit; and
C.
provided
Dwelling
library,
therein,
calls or
Each Dwelling Unit shall be used only as a residence;
that no Owner shall be precluded, with respect to his
Unit, from (i) maintaining a personal professional
(ii) keeping his personal business records or accounts
or (iii) handling his personal business or professional
correspondence therefrom.
3.15 OBSTRUCTIONS: Except as permitted under Section 9.03, no
Owner shall obstruct any Dwelling Unit Exterior or Lot Area, and
10
provided that no Dwelling Unit shall be leased for transient or
hotel purposes, which are hereby defined as being for a period of
less than one hundred eighty (180) days or for a period of more
than one hundred eighty (180) days where hotel services normally
furnished by a hotel (such as room service or maid service) are
furnished. Any lease shall be in writing and shall provide that
such lease shall be subject to the terms of this Declaration and
that any failure of the lessee to comply with the terms of this
Declaration shall be a default under the lease. A lessee shall be
bound by the provisions hereof regardless of whether the lease
specifically refers to this Declaration. The Board may adopt such
rules and regulations applicable to the leasing of Dwelling Units
as it deems advisable. Notwithstanding anything contained herein,
neither the provisions of this Section nor any rules or regulations
adopted pursuant hereto shall apply to the leasing of Dwelling
Units owned by Developer or Trustee.
3.20 RESIDENTIAL ASSOCIATION'S ACCESS: The Residential
Association shall have the right and power to come onto any
Dwelling Unit for the purpose of furnishing the services required
to be furnished hereunder or enforcing its rights and powers
hereunder.
ARTICLE FOUR
Insurance
4.01 RESIDENTIAL ASSOCIATION'S RESPONSIBILITY: The
Residential Association shall be responsible for procuring and
maintaining comprehensive public liability insurance, including
liability for injuries to and death of persons, and property
damage, in such limits as it shall deem desirable, and other
liability insurance as it may deem desirable, insuring the
Association from liability in connection with the ownership and /or
use of the Community Area. The Residential Association shall be
further responsible for maintaining such policies of insurance for
the Community Area against loss or damage by fire and such other
hazards contained in the customary fire and extended coverage
vandalism and malicious mischief endorsements as the Residential
Association may deem desirable provided that such policies shall
(i) provide that such policies may not be can celed or, substantially
modified without at least ten (10) days' written notice to the
Residential Association and all mortgagees of record of the
Community Area; (ii) provide that all mortgagees of record of the
Community Area shall have the right to pay overdue insurance
premiums and to obtain new coverage in the event the existing
insurance policy lapses; (iii) provide for coverage in the amount
of one hundred (100%) percent of full replacement value; and (iv)
contain standard mortgage clause endorsements in favor of the
12
the Owner or Owners of each Dwelling Unit which shall have been
damaged or destroyed shall fully cooperate with, and abide by all
instructions and directions of, the Residential Association in
connection therewith.
4.05 PROCEEDS USED FOR RESTORING: In the event of such damage
or destruction of a Dwelling Unit, the holder of the mortgages
encumbering said Dwelling Unit shall allow the proceeds of any
insurance required pursuant to Section 4.02 hereof to be utilized
in restoring the Dwelling Unit to the terms of this Article.
4.06 OWNER'S FAILURE TO REPAIR RESTORE OR REBUILD: In any
case in which the Owner or Owners concerned shall fail to carry out
and see to the repair, restoration or rebuilding required by the
provisions of this Article Four, the Residential Association shall
cause such repairs or rebuilding to be furnished, provided and
installed, in the manner as set forth in Section 4.03 hereof
provided, however, that to the extent the insurance proceeds
referred to in Section 4.02 are insufficient as to any Dwelling
Unit, the particular Owner shall be responsible to the Residential
Association for such deficiency, and the Residential Association
shall have, and is hereby granted, a continuing lien on the Lot for
which any such repairs or rebuilding are furnished by the
Residential Association in the aggregate amount of (a) the cost
thereof, (b) interest at a per annum rate equal to the sum of the
prime rate at First National Bank of Chicago plus two (2%) percent
from the date of the Residential Association's payment of such
costs, and (c) reasonable attorney's fees and any court or other
costs incurred by the Residential Association in connection
therewith, which lien shall bind such Lot in the hands of such
Owner, his heirs, devisees, personal representatives, grantees and
assigns. In the event such Owner does not forthwith fully repay
the Residential Association therefor, as aforesaid, such lien shall
be foreclosed against the Lot by the Residential Association in the
same manner as hereinafter provided in connection with unpaid
assessments. The Residential Association's lien in this Section
4.06 provided for shall be subordinate to the lien of any first
mortgage now or hereafter placed upon the Lot.
4.07 BOARD'S AUTHORITY TO SETTLE: In the event of any damage
or destruction to the exterior portion of a Dwelling Unit and the
loss is covered by policies of insurance, and the Owner or Owners
fail to settle or adjust any such claim within a reasonable time,
without reasonable cause, then after due notice to said Owner or
Owners, the Board shall have the authority to settle and adjust any
claim under such policies without the consent of the respective
Owner.
14
11. Purchasing other goods and services required for the
proper administration, operation, maintenance, repair and
replacement of the property administered and operated by the
Residential Association.
B. Powers Excluded. The Residential Association shall not
have any right to pursue individual Owner claims against the
Developer. The Residential Association may only pursue the claims
relating to the Community Area.
5.02 MEMBERSHIP: Each Owner shall be a member of the
Residential Association. There shall be one membership per
Dwelling Unit. .Membership shall be appurtenant to and may not be
separated from ownership of a Dwelling Unit. Ownership of a
Dwelling Unit shall be the sole qualification for membership. The
Residential Association shall be given written notice of the change
of ownership of a Dwelling Unit within ten (10) days after such
change.
5.03 VOTING MEMBERS: Subject to the provisions of Section
9.05, voting rights of the members of the Residential Association
shall be vested exclusively in the Voting Members for each Dwelling
Unit. One individual shall be designated as the "Voting Member"
for each Dwelling Unit. 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 Dwelling Unit 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
Dwelling Unit 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 Dwelling Unit as the Voting
Member for such Dwelling Unit.
5.04 THE BOARD: Subject to the rights retained by the
Developer under Section 9.05, the Board shall consist of five (5)
members, each of whom shall be an Owner or Voting Member.
5.05 VOTING RIGHTS: Prior to the Turnover Date, all of the
voting rights at each meeting of the Residential Association shall
be vested exclusively in the Developer and the Owners shall have no
voting rights. From and after the Turnover Date, any action may be
taken by the Voting- Members at any meeting at which a quorum is
present (as provided in the By -Laws) upon an affirmative vote of a
majority by the Voting Members present at such meeting, except as
otherwise provided herein or in the By -Laws.
5.06 DIRECTOR AND OFFICER LIABILITY: Neither the directors or
officers of the Residential Association shall be personally liable
to the Owners for any mistake of judgment or for any other acts or
16
rights and duties of the Residential Association under this
Declaration.
ARTICLE SIX
Assessments
6.01 PURPOSE OF ASSESSMENTS: The assessments levied by the
Residential Association shall be exclusively for the purposes of
promoting the recreation, health, safety, and welfare of members of
the Residential Association, to administer the affairs of the
Residential Association, to pay the Townhome Expenses, and to
accumulate reserves for any such expenses.
6.02 TOWNHOME ASSESSMENT: Each year on or before December 1,
the Board shall adopt subject to the provisions of Subsection B and
furnish each Owner with a budget for the ensuing calendar year
which shall show the following, with reasonable explanations and
itemizations:
A. The estimated Townhome Expenses;
B. The estimated amount, if any, to maintain adequate
reserves for Townhome Expenses including, without limitation,
amounts to maintain the Capital Reserve;
C. The estimated net available cash receipts, if any, plus
estimated excess funds, if any, from the current year's
assessments;
D. The amount of the "Townhome Assessment" payable by the
Owners, which is hereby defined as the amount determined in A
above, plus the amount determined in B above, minus the amount
determined in C above; and
E. That portion of the Townhome Assessment which shall be
payable each month by the Owner of each Dwelling Unit which is
subject to assessment hereunder, which shall be equal to
one - twelfth (1/12) of the Townhome Assessment divided by the number
of Dwelling Units, so that each Owner shall pay equal Townhome
Assessments.
Anything in this Section to the contrary notwithstanding, prior to
the Turnover Date, the assessment procedure set forth in Section
6.08 shall apply and the budget provided for in this Section need
not disclose the information called for in Subsection E above,
although the budget shall disclose the portion of each Owner's
share of the Townhome Assessment which shall be added to the
Capital Reserve.
18
connection with its duties hereunder. Each budget shall disclose
that percentage of the Townhome Assessment which shall be added to
the Capital Reserve and each Owner shall be deemed to make a
capital contribution to the Residential Association equal to such
percentages multiplied by each installment of the Townhome
Assessments paid by such Owner.
B. NO CAPITAL RESERVE TO BE MAINTAINED BY DEVELOPER. THE
DEVELOPER SHALL NOT BE OBLIGATED TO COLLECT OR TO FUND CAPITAL
RESERVES. BY PURCHASE OR OCCUPATION OF A DWELLING UNIT, RESIDENT
HEREBY ACKNOWLEDGES THAT ANY AMOUNTS NECESSARY FOR CAPITAL RESERVES
SHALL BE THE SOLE AND EXCLUSIVE OBLIGATION OF THE RESIDENT THROUGH
THE RESIDENTIAL ASSOCIATION AND NEITHER THE RESIDENT, RESIDENTIAL
ASSOCIATION, THEIR SUCCESSORS AND ASSIGNS SHALL HAVE ANY CAUSE OF
ACTION AGAINST THE DEVELOPER, ITS OFFICERS, AGENTS OR EMPLOYEES FOR
ANY DEFICIENCY IN CAPITAL RESERVES.
6.07 INITIAL CAPITAL CONTRIBUTION: Upon the closing of the
first sale of a Dwelling Unit by the Trustee to a purchaser for
value, and every subsequent sale by an Owner, the purchasing Owner
shall make a capital contribution to the Residential Association in
an amount equal to three (3) months' Townhome Assessment at the
rate in effect with respect to the Dwelling Unit as of the closing.
Said amount shall be held and used by the Residential Association
for its working capital needs.
6.08 ASSESSMENTS PRIOR TO TURNOVER DATE: Anything herein to
the contrary notwithstanding, until the Turnover Date, the
assessment procedure set forth in this Section shall apply:
A. The Basic Assessment. The basic assessment ( "Basic
Assessment ") shall be established by the Developer prior to the
closing of the first Dwelling Unit;
B. Cost of Living Increase. If, as of the first day of any
month after this Declaration is Recorded, the level of the most
recently published Cost of Living Index - All items (1967 =100) as
published from time to time by the Bureau of Labor Statistics (the
"Index "), is greater than the level of the most recently published
Index as of the date of the Recording of this Declaration (the
"Index Base Level "), then, at the option of the Board, the Townhome
Assessment payable by each Owner (other than Developer) for such
month and months thereafter until next adjusted, shall be equal to
the Basic Assessment then in effect multiplied by a fraction, the
numerator of which shall be the level of the most recently
published Index and the denominator of which shall be the Index
Base Level. If the Index shall cease being published prior to the
Turnover Date, such other standard or index selected by the
Developer, in its discretion, as shall most nearly approximate the
20
created under this Section shall be in favor
enforceable by the Residential Association.
7.02 COLLECTION OF CHARGES: The Residential
collect from each Owner all Charges payable by
this Declaration.
of and shall be
Association shall
such Owner under
7.03 NON - PAYMENT OF CHARGES: Any Charge which is not paid to
the Residential Association when due shall be deemed delinquent.
Any Charge which is delinquent for thirty (30) days or more shall
bear interest at the rate of eighteen (18 %) percent per annum from
the due date to the date when paid, together with a reasonable late
fee as established by the Board. The Residential Association may
(i) bring an action against the Owner personally obligated to pay
the Charge to recover the Charge (together with interest, costs and
reasonable attorney's fees for any such action, which shall be
added to the amount of the Charge and included in any judgment
rendered in such action), and (ii) enforce and foreclose any lien
which it has or which may exist for its benefit. In addition, the
Board may add a reasonable late fee to any installment of an
assessment which is not paid within thirty (30) days of its due
date. No Owner may waive or otherwise escape personal liability
for the Charges hereunder by abandonment or transfer of his
Dwelling Unit.
7.04 LIEN FOR CHARGES SUBORDINATED TO MORTGAGES: The lien for
Charges, provided for in Section 7.01, shall be subordinate to any
Mortgagee's mortgage on the Dwelling Unit which was Recorded prior
to the date that any such Charge became due. Except as hereinafter
provided, the lien for Charges, provided for in Section 7.01, shall
not be affected by any sale or transfer of a Dwelling Unit. Where
title to a Dwelling Unit is transferred pursuant to a decree of
foreclosure of the Mortgagee's Mortgage or by deed or assignment in
lieu of foreclosure of the Mortgagee's Mortgage, such transfer of
title shall extinguish the lien for unpaid Charges which became due
prior to the date of the transfer of title. However, the
transferee of the Dwelling Unit shall be personally liable for his
share of the Charges with respect to which a lien against his
Dwelling Unit has been extinguished pursuant to the preceding
sentence where such Charges are reallocated among all the Owners
pursuant to a subsequently adopted annual or revised Townhome
Assessment or special assessment, and non - payment thereof shall
result in a lien against the transferee's Dwelling Unit, as
provided in this Article.
7.05 SELF -HELP BY BOARD: In the event of a violation or
breach by an Owner of the provisions, covenants or restrictions of
the Declaration, the By -Laws, or rules or regulations of the Board,
where such violation or breach may be cured or abated by
affirmative action, the Board, upon not less than ten (10) days'
22
expiration of said ten (10) year period, Developer may exercise the
rights described herein to annex, add and subject additional
portions of the Development Area to the provisions of this
Declaration, provided that the consent of two - thirds (2/3) (by
number) of the Owners of all Dwelling Units then subject to this
Declaration is first obtained.
8.02 POWER TO AMEND: Developer hereby retains the right
and power to Record a Supplemental Declaration at any time and from
time to time as provided in Section 8.01, which amends or
supplements Exhibit "B ". Exhibit "B" may only be amended or
supplemented pursuant to this Article to add portions of the
Development Area to Exhibit "B" and shall not be amended to reduce
or remove any real estate which is described in Exhibit "B"
immediately prior to the Recording of such Supplemental
Declaration. A Supplemental Declaration may contain such
additional provisions-affecting the use of the Added Parcel or the
rights and obligations of owners or any part or parts of the Added
Parcel as the Developer deems necessary or appropriate; provided,
that, in the event of conflict between any such additional
provisions and the provisions in this Declaration as originally
Recorded, then the provisions of this Declaration as originally
Recorded shall govern.
8.03 EFFECT OF AMENDMENT: Upon the Recording of a
Supplemental Declaration by Developer which annexes and subjects
Added Parcel, or added Dwelling Units to this Declaration, as
provided in this Article, then:
A. The easements, restrictions, conditions, covenants,
reservations, liens, charges, rights, benefits and privileges set
forth and described herein, shall run with and bind the Added
Parcel and inure to the benefit of and be binding on any Person
having at any time any interest or estate in the Added Parcel in
the same manner, to the same extent, and with the same force and
effect that this Declaration applies to the Parcel, and Persons
having an interest or estate in the Parcel, subjected to this
Declaration prior to the date of the Recording of the Supplemental
Declaration;
B. Every Owner of an Added Dwelling Unit shall be a member
of the Residential Association on the same terms and subject to the
same qualifications and limitations as those members who are Owners
of Dwelling Units immediately prior to the Recording of such
Supplemental Declaration;
C. In all other respects, all of the provisions of this
Declaration shall include and apply to the Added Parcel (including
the Added Dwelling Units, if any) made subject to this Declaration
by any such Supplemental Declaration and the Owners, mortgagees,
24
ingress, egress and parking in and through, and the right to use
and enjoy the Lot Area, at any and all reasonable times without fee
or charge. The Developer shall have the right and power to lease
any unit owned by it or the Trustee to any person or entity which
it deems appropriate in its sole discretion and it need not comply
with the provisions of Section 3.19.
9.03 CONSTRUCTION ON PARCEL: In connection with the
construction of improvements to any part of the Development Area,
the Developer, its agents and contractors, shall have the right, at
the Developer's own expense, (but shall not be obligated) to make
such alterations, additions or improvements to any part of the
Parcel including, without limitation, the construction,
reconstruction or alteration of any temporary or permanent
improvements to any structure which shall contain Dwelling Units
which the Developer deems, in its sole discretion, to be necessary
or advisable, and the landscaping, sodding or planting and
replanting of any unimproved portions of the Parcel. In connection
with the rights provided in the preceding sentence, the Developer,
it agents and contractors, shall have the right of ingress, egress
and parking on the Parcel and the right to store construction
equipment and materials on the Parcel without the payment of any
fee or charge whatsoever.
9.04 GRANT OF EASEMENTS AND DEDICATIONS: Developer shall have
the right to dedicate portions of the Parcel to the County, the
Village or any municipality or other governmental authority which
has jurisdiction over such portions. Developer shall also have the
right to reserve or grant easements over the Parcel to any
governmental authority, public utility or private utility for the
installation and maintenance of electrical and telephone conduit
and lines, gas, sewer or water lines, or any other utility services
serving any Dwelling Unit, or any other real estate (whether or not
a part of the Development Area).
9.05 DEVELOPER CONTROL OF RESIDENTIAL ASSOCIATION: The first
Board shall consist solely of three (3) persons from time to time
designated by the Developer, which persons may, but need not, be
members under Section 5.02. After the Turnover Date, the Board
shall consist of five,(5) persons. Developer's rights under this
Section to designate the members of the Board shall terminate on
the first to occur of (i) such time as Developer no longer holds or
controls "title to any part of the-Development Area; (ii) the giving
of written notice by Developer to each Residential Association of
Developer's election to terminate such rights, or (iii) seven (7)
years from the date of Recording hereof. The date on which the
Developer's rights under this Section shall terminate shall be
referred to as the "Turnover Date ". Prior to the Turnover Date,
the Voting Members may elect that number of non - voting Delegates to
the Board as the Developer may, in its sole discretion, permit.
26
C. The air - conditioning system compressor located outside of
the residential unit which serves the Dwelling Unit and the pipes
and ducts running therefrom to the Dwelling Unit; and
D. The balconies, steps, porches, door entries and patios
which serve the Dwelling Unit.
The Person who is responsible for the maintenance of any
encroaching improvement for which an easement for continuance,
maintenance, repair and replacement thereof is granted under this
Section shall continue to be responsible for the maintenance of
such encroaching improvement and the Person who is responsible for
the maintenance of the real estate upon which such improvement
encroaches shall not have the duty to maintain, repair or replace
any such encroaching improvement unless otherwise provided in this
Declaration.
10.02 DECKS: Decks may encroach onto the Community Area
if constructed pursuant to written permission given by the
Residential Association and if the encroachment does not violate
any local ordinance. However, any such deck shall be for the
exclusive use of the Dwelling Unit from which the deck extends.
ARTICLE ELEVEN
Amendment
11.01 SPECIAL AMENDMENT: Anything herein to the contrary
notwithstanding, Developer reserves the right and power to Record
a special amendment ( "Special Amendment ") to this Declaration at
any time and from time to time which amends this Declaration (i) to
comply with requirements of the Federal National Mortgage
Association, the Government National Mortgage Association, the
Federal Home Loan Mortgage Corporation, the Department of Housing
and Urban Development, the Federal Housing Administration, the
Veteran's Administration, or any other governmental agency or any
other public, quasi- public or private entity which performs (or may
in the future perform) functions similar to those currently
performed by such entities, (ii) to induce any of such agencies or
entities to make, purchase, sell, insure, or guarantee or otherwise
deal with first mortgages covering Dwelling Units, (iii) to correct
clerical or typographical errors or omissions in the Declaration or
any Exhibit, or (iv) to bring this Declaration into compliance with
applicable laws, ordinances or governmental regulations. In
furtherance of the foregoing, a power coupled with an interest is
hereby reserved and granted to the Developer to make or consent to
a Special Amendment on behalf of each Owner. Each deed, mortgage,
trust deed, other evidence of obligation, or other instrument
affecting a Dwelling Unit and the acceptance thereof shall be
deemed to be a grant and acknowledgment of, and a consent to the
28
F Notice of the decision of the Residential Association to
terminate professional management and assume self- management;
G. Notice of the commencement of any condemnation or eminent
domain proceedings with respect to any property owned by the
Residential Association;
H. Notice of any default by the Owner of the Dwelling Unit
which is subject to the Mortgagee's mortgage under this
Declaration, the By -Laws or the rules and regulations of the
Residential Association which is not cured within thirty (30) days
of the date of the default; and
I. The right to examine the books and records of the
Residential Association at any reasonable times.
The request of a Mortgagee or other such party shall specify which
of the above it desires to receive and shall indicate the address
to which any notices or documents shall be sent by the Residential
Association. Failure of the Residential Association to provide any
of the foregoing to a Mortgagee who has made a proper request
therefor shall not affect the validity of any action which is
related to any of the foregoing.
12.02 INSURANCE PROCEEDS /CONDEMNATION AWARDS: In the
event of (i) any distribution of any insurance proceeds hereunder
as a result of damage to, or destruction of, any part of the
Dwelling Unit Exterior, or (ii) any distribution of the proceeds of
any award or settlement as a result of condemnation or eminent
domain proceedings with respect to any Dwelling Unit Exterior, any
such distribution shall be made to the Owners and their respective
Mortgagees, as their interests may appear, and no Owner or other
party shall be entitled to priority over the Mortgagee of a
Dwelling Unit with respect to any such distribution to or with
respect to such Dwelling Unit; provided, that, nothing in this
Section shall be construed to deny to the Residential Association
the right (i) to apply insurance proceeds to repair or replace
damaged Dwelling Unit Exterior as provided in Article Four, or (ii)
to apply proceeds of any award or settlement as a result of eminent
domain proceedings as provided in Article Four.
ARTICLE THIRTEEN
Party Walls
13.01 PARTY WALL: Every wall, including the foundations
therefor, which is built as a part of the original construction of
a building and placed on the boundary line between separate
Dwelling Units shall constitute and be a "Party Wall ", and the
Owner of a Dwelling Unit immediately adjacent to a Party Wall shall
30
Owner of the other adjacent Dwelling Unit and the Board, in
addition to meeting any other requirements which may apply.
13.05 ARBITRATION: In the event of a disagreement between
Owners of Dwelling Units adjoining a Party Wall with respect to
their respective rights or obligations as to such Party Wall, upon
the written request of either of said Owners to the other the
matter shall be submitted to the Board and the decision of the
Board shall be final and binding.
ARTICLE FOURTEEN
Sale, Leasing or Other Alternatives
14.01 SALE OR LEASE: Any Owner other than the Developer
who wishes to sell or lease his Lot (or any lessee of any Unit
wishing to assign or sublease such Unit) shall give to the Board
not less than thirty (30) days' prior written notice of the terms
of any contemplated sale or lease, together with the name, address
and financial and character references of the proposed purchaser or
lessee and such other information concerning the proposed purchaser
or lessee as the Board may reasonably require. The members of the
Board acting on behalf of the other Owners shall at all times have
the first right and option to purchase or lease such Unit Ownership
upon the same terms, which option shall be exercisable for a period
of thirty (30) days following the date of receipt of such notice.
If said option is not exercised by the Board within said thirty
(30) days, the Owner (or lessee) may, at the expiration of said
thirty (30) day period and at any time within ninety (90) days
after the expiration of said period, contract to sell or lease (or
sublease or assign) such Unit Ownership to the proposed purchaser
or lessee named in such notice upon the terms specified therein.
If the Owner (or lessee) fails to close said proposed sale or lease
transaction within said ninety (90) days the Unit Ownership shall
again become subject to the Board's right of first refusal as
herein provided.
14.02 GIFT: Any Owner other than the Developer who wishes
to make a gift of his Unit Ownership or any interest therein shall
give to the Board not less sixty (60) days' written notice of
his or her intent to make such ift prior to the
thereof, together with the name,addressand contemplated and
character references of the intended donee and such other
information concerning the intended donee as the Board may
reasonably require. The members of the Board acting on behalf of
the other Owners, shall at all times have the first right and
option to purchase such Unit Ownership or interest therein for cash
at fair market value to be determined by arbitration as herein
32
it tenders the required sum of money to said devisee or devisees or
to said personal representative, as the case may be, within the
said option periods.
14.04 INVOLUNTARY SALE:
A. In the event any Lot or interest therein is sold at a
judicial or execution sale (other than a mortgage foreclosure sale)
the person acquiring title through such sale shall, before taking
possession of the Unit so sold, give thirty (30) days' written
notice to the Board of his intention to do so, whereupon members of
the Board acting on behalf of the other Owners shall have an
irrevocable option to purchase such Lot or interest therein at the
same price for which it was sold at said sale. If said option is
not exercised by the Board within said thirty (30) days after
receipt of such notice, it shall thereupon expire and said
purchaser may thereafter take possession of said Unit. The Board
shall be deemed to have exercised its option if it tenders the
required sum of money to the purchaser within said thirty (30) day
period.
B. In the event any Owner shall default in the payment of
any monies required to be paid under the provisions of any
mortgage or trust deed against his Lot, the Board shall have the
right to cure such default by paying the amount so owing to the
party entitled thereto and shall thereupon have a lien therefor
against such Unit Ownership, which lien shall have the same force
and effect and may be enforced in the same manner as provided for
in Article Seven.
14.05 EXERCISE OF OPTION: The Board, by the affirmative
vote of at least three - fourths (3/4) of the Board members, and upon
not less than ten (10) days' prior written notice thereof to all
the Owners, may exercise any option hereinabove set forth to
purchase any Lot or interest therein. The Board or its duly
authorized representative, acting on behalf of the Owners, by the
affirmative vote of at least three - fourths (3/4) of the Board
members, and upon not less than ten (10) days' prior written notice
thereof to all the Owners, may bid to purchase at any sale of a Lot
or interest therein of any Owner living or deceased, which said
sale is held pursuant to an order or direction of a court. The
written notice to all the Owners shall set forth the terms of the
option" to be" exercised by the-Board or it shall -set forth a maximum
price which the Board or its duly authorized representative is
authorized to bid and pay for said Lot or interest therein. If
within said ten (10) days the voting members for at least
one - fourth (1/4) of the number of Units shall file with the Board
a written objection to any such action by the Board, then such
option shall be deemed released and shall not be exercised by the
Board. The Lot or interest therein which is subject to such option
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14.10 EXCEPTIONS TO THE BOARD'S RIGHT OF FIRST REFUSAL:
The Board's right of first refusal as provided in Section 14.01,
14.02 and 14.03 of this Article shall not apply to any sale, lease,
gift, devise or other transfer by the Developer, or between
co- Owners of the same Unit, or to the spouse, or any lawful
children of the Owner, or any one or more of them, or to any
trustee of a trust the sole beneficiary or beneficiaries which are
the Owners, the spouse or lawful child of the Owner, or any one or
more of them. For purposes of this Article Fourteen, unless
otherwise specifically provided herein, the word "Owner" shall
include any beneficiary of a trust, shareholder of a corporation or
partner of a partnership holding legal title to a Unit.
ARTICLE FIFTEEN
Miscellaneous
15.01 NOTICES: Any notice required to be sent to any
Owner under the provisions of this Declaration or the By -Laws shall
be deemed to have been properly sent when (i) mailed, postage
prepaid, to his or its last known address as it appears on the
records of the Residential Association at the time of such mailing,
or (ii) when delivered personally to his Dwelling Unit.
15.02 CAPTIONS: The Article and Section headings are
intended for convenience only and shall not be construed with any
substantive effect in this Declaration. In the event of any
conflict between statements made in recitals to this Declaration
and the provisions contained in the body of this Declaration, the
provisions in the body of this Declaration shall govern.
15.03 SEVERABILITY: Invalidation of all or any portion of
any of the easements, restrictions, covenants, conditions or
reservations, by legislation, judgment or court order shall in no
way affect any other provisions of this Declaration which shall,
and all other provisions, remain in full force and effect.
15.04 PERPETUITIES AND OTHER INVALIDITY: If any of the
options, privileges, covenants or rights created by this
Declaration would otherwise be unlawful or void for violation of
(a) the rule against perpetuities or some analogous statutory
provision, (b) the rule restricting restraints on alienation, or
(c) any other statutory or common law rules imposing time limits,
then such provisions shall continue only until twenty -one (21)
years after the death of the survivor of the now living lawful
descendants of the President of the United States at the time this
Declaration is Recorded.
15.05 CONFLICT WITH VILLAGE AND OTHER GOVERNMENTAL UNITS:
In the event there is at any time a conflict between any provision
36
STATE OF ILLINOIS )
S.S.
COUNTY OF C 0 0 K )
1, 3'4, t i/ J /4/10,g , a Notary Public in and for said
County, in the State aforesaid, DO HEREBY CERTIFY that SCOTT A.
STEVENS, personally known to me to be the Manager of ASHBURY WOODS
DEVELOPMENT, LLC, an Illinois limited liability company, and
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 as such Manager, signed and
delivered the said instrument as his free and voluntary act, and as
the free and voluntary act of said limited liability company, for
the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this ✓f, day of
I. Ati1L!i4 �- , 200.4 .
"i ` ✓ lG�; hC -
No Wry 'Publ i c
"OFFICIAL SEAL"
SANDRA J. KAWA
Notary Public, State of Illinois
My Commission Expires March 1E, 200L
PARCEL 3:
THE WEST 34 OF THE
OF THE NORTHEAST
EAST OF THE THIRD
WEST 34 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4
1/4 OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 11
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PIN: 22- 32- 201 -012
Common Address:
PARCEL 4:
THE EAST 34 OF THE
OF THE NORTHEAST
EAST OF THE THIRD
15237 West 129th Street
Lemont, IL 60439
EAST 34 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4
1/4 OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 11
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PIN: 22 -32- 201 -017
Common Address:
15309 West 129th Street
Lemont, IL 60439
EXHIBIT "C"
TO
DECLARATION
FOR
ASHBURY WOODS
THE BY -LAWS OF
ASHBURY WOODS RESIDENTIAL ASSOCIATION
ARTICLE I
NAME OF CORPORATION
The name of this corporation is ASHBURY WOODS RESIDENTIAL
ASSOCIATION.
ARTICLE II
PURPOSE AND POWERS
2.01 PURPOSES: The purposes of this Residential Association
are to act on behalf of its members collectively, as their
governing body for civic functions and other purposes, with respect
to the preservation, care, maintenance, replacement, improvement,
enhancement, operation and administration of both real and personal
property and for the promotion of the health, safety and welfare of
the members of the Residential Association, all on a not- for - profit
basis. These By -Laws are attached as Exhibit "B" to the
Declaration for The Ashbury Woods Residential Association
( "Declaration "). All terms used herein shall have the meanings set
forth in the Declaration.
2.02 POWERS: The Residential Association shall have and
exercise all powers as are now or may hereafter be granted by the
General Not - For - Profit Corporation Act of the State of Illinois,
the Act, the Declaration and these By -Laws.
2.03 PERSONAL APPLICATION: All present or future Owners,
tenants, future tenants, and their agents and employees, and any -
other person that might use the facilities of the Development in
any manner, shall be subject to the provisions of the Declaration
and these By -Laws. The acquisition or rental of a Dwelling Unit or
the act of occupancy of a Dwelling Unit will signify that the
Declaration and these By -Laws are accepted, ratified and will be
complied with.
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person or by proxy, shall constitute a quorum. The vote of a
majority of the votes entitled to be cast by the Voting Members
present or represented by proxy at a meeting at which a quorum is
present, shall be necessary for the adoption of any matter voted
upon by the Voting Members, unless a greater proportion is required
by the Declaration or these By -Laws. The affirmative vote of 75%
of the votes entitled to be cast shall be required for the
following action: (a) merger or consolidation of the Residential
Association; and (b) -sale, lease, exchange, mortgage, pledge or
other disposition of all, or substantially all of the property and
assets of the Residential Association. The affirmative vote of 75%
of the votes entitled to be cast shall be required for the purchase
or sale of land or of Dwelling Units on behalf of all Owners.
4.03 ANNUAL MEETINGS: The initial meeting of the Owners shall
be held upon not less than twenty -one (21) days' written notice
given by the Developer. If not called earlier by the Developer,
the initial meeting of the Owners shall be held not more than
thirty (30) days after the Turnover Date.. Thereafter there shall
be an annual meeting of the Owners within thirty (30) days from the
anniversary date of the initial annual meeting at such time and on
such date designated by the Board.
4.04 SPECIAL MEETINGS: Special meetings of the Owners may be
called at any time for the purpose of considering matters which, by
the terms of the Declaration, require the approval of all or some
of the Voting Members or for any other reasonable purpose. Said
meetings shall be called by written notice, authorized by the
President, a majority of the Board or by Voting Members
representing at least twenty (20 %) percent of the votes.
4.04 NOTICE OF MEMBERSHIP MEETINGS: Written notice of any
membership meeting shall be mailed or personally delivered and
posted conspicuously on the Development, giving Owners not less
than ten (10) nor more than thirty (30) days notice of the time,
place and purpose of the meeting.
ARTICLE V
BOARD OF DIRECTORS
5.01 IN GENERAL: The affairs of the Residential Association
and the direction and administration of the Development shall be
vested in the Board, which (after the Turnover Date) shall consist
of five (5) persons or such other number of persons as shall be
fixed from time to time by the affirmative vote of 50% of the
Voting Members ( "Directors "). The Board shall have all of the
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deemed to be elected.
5.05 ANNUAL MEETINGS: The Board shall hold an annual meeting
within ten (10) days after the annual meeting of the Owners at such
place as shall be fixed by the Directors at the annual meeting of
the Owners.
5.06 REGULAR MEETINGS: Regular meetings of the Board shall be
held at such time and place as shall be determined at the annual
meeting or, from time to time, by a majority of the Directors,
provided that from and after the Turnover Date, not less than four
such meetings shall be held during each fiscal year.
5.07 SPECIAL MEETINGS: Special meetings of the Board may be
called by the President or by at least one -third (1/3) of the
Directors then serving.
5.08 NOTICE OF BOARD MEETINGS: Notice of each meeting of the
Board shall be mailed or personally delivered to each Director at
least forty -eight (48) hours prior to the meeting. Notice of any
meeting of the Board concerning the adoption of the proposed annual
budget or any increase or establishment of an assessment shall be
given to each Owner in the same manner as provided in Section 4.04
of these By -Laws, unless a written waiver of such notice is signed
by the person or persons entitled to such notice before the meeting
is convened. Notice of each meeting of the Board shall also be
conspicuously posted on the Development at least forty -eight (48)
hours prior to the meeting.
5.09 OPEN MEETINGS: The regular meetings of the Board of
Directors shall not be open to the Owners unless required by law,
or unless a majority of the Directors designate the meeting to be
open to Owners. In the event the meetings of the Board are required
by law to be open to any Owner, a notice of such meeting shall be
mailed or personally delivered to each owner and posted
conspicuously upon the Development at least forty eight (48) hours
prior thereto, unless a written waiver of such notice is signed by
the person or persons entitled to such notice before the meeting is
convened. The Board may adopt reasonable rules governing the
conduct of Owners who attend such meetings and Owners who do not
comply with such rules may be removed from the meeting.
5.10 QUORUM: A majority of the Directors serving from time to
time shall constitute a quorum for the election of officers and for
the transaction of business at any meeting of the Board. Except as
otherwise expressly provided herein or in the Declaration, any
action may be taken upon the affirmative vote of a majority of the
Directors present at a meeting at which a quorum is present.
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showing as provided for in the Declaration.
F. To set, give notice of, and collect assessments from the
Owners as provided in the Declaration.
G. To pay the Townhome Expenses.
H. To adopt rules and regulations as provided in the
Declaration.
I. To delegate the exercise of its power to committees
appointed pursuant to Section 7.01 of these By -Laws.
J. To own, convey, encumber, lease, or otherwise deal with
Dwelling Units or other real property conveyed to or purchased by
the Residential Association.
K. To keep detailed, accurate records of the receipts and
expenditures affecting the use and operation of the Development.
ARTICLE VI
OFFICERS
6.01 OFFICERS: The officers of the Residential Association
shall be a President, one or more Vice Presidents, a Secretary, a
Treasurer and such assistants to such officers as the Board may
deem appropriate. All officers shall be elected at each annual
meeting of the Board and shall hold office at the discretion of the
Board. Officers may succeed themselves in office. The President,
Secretary and Treasurer shall be Directors and all other officers
may, but need not be, Directors.
6.02 VACANCY OR OFFICE: Any officer may be removed at any
meeting of the Board by the affirmative vote of the majority of the
Directors in office, either with or without cause, and any vacancy
in any office may be filled by the Board at any meeting thereof.
6.03 POWERS OF OFFICERS: The respective officers of the
Residential Association shall have such powers and duties as are
from time to time prescribed by the Board and as are usually vested
in such officers of an Illinois Not -For- Profit Corporation
including, without limitation, the following:
A. The President shall be the Chief Executive Officer of the
Residential Association and shall preside at all meetings of the
Owners and at all meetings of the Board and shall execute
amendments to the Declaration and these By -Laws.
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President of the Association shall appoint the members thereof.
Any member thereof may be removed by the person or persons
authorized to appoint such member whenever in their judgment the
best interests of the Residential Association shall be served by
such removal.
7.03 TERM: Each member of a committee shall continue as such
until the next annual meeting of the Board and until his successor
is appointed, unless the committee shall be sooner terminated, or
unless such member shall be removed from such committee, or unless
such member shall cease to qualify as a member thereof.
7.04 CHAIRMAN: One member of each committee shall be
appointed chairman.
7.05 VACANCIES: Vacancies in the membership of any committee
may be filled by appointments made in the same manner as provided
in the case of the original appointments.
7.06 QUORUM: Unless otherwise provided in the resolution of
the Board designating a committee, a majority of the whole
committee shall constitute a quorum and the act of a majority of
the members present at a meeting at which a quorum is present shall
be the act of the committee.
7.07 RULES: Each committee may adopt rules for its own
government not inconsistent with the Declaration, these By -Laws or
with rules adopted by the Board.
ARTICLE VIII
INSTRUMENTS, CHECKS, DEPOSITS AND FUNDS
8.01 EXECUTION OF INSTRUMENTS: The Board may authorize any
officer or officers, agent or agents of the Residential
Association, in addition to the officers so authorized by these
By -Laws, to enter into any contract or execute and deliver any
instrument (including amendments to the Declaration or these
By -Laws which must be executed by the Residential Association) in
the name of and on behalf of the Residential Association and such
authority-may be general or confined-to specific instances; In the
absence of any such authorization by the Board, any such contract
or instrument shall be executed by the President or a Vice
President and attested to by the Secretary or an Assistant
Secretary of the Residential Association.
8.02 PAYMENTS: All checks, drafts, vouchers or other orders
9
proceedings of its members, the Board, and committees having any of
the authority of the Board, and shall keep at the registered or
principal office of the Residential Association a record giving the
names and addresses of the members. All books and records of the
Association may be inspected by any Owner, or his agent, mortgagee
or attorney, for any proper purpose at any reasonable time.
ARTICLE XI
SEAL
The Board may provide for a corporate seal which shall be in
the form of a circle and shall have inscribed thereon the names of
the Residential Association and the words "Corporate Seal,
Illinois."
ARTICLE XII
AMENDMENTS
These By -Laws may be amended or modified at any time, or from
time to time in the same manner as provided in Section 11.02 of the
Declaration; provided, that no provision of these By -Law may be
amended or modified so as to conflict with the provisions of the
Declaration or the Act. These By -Laws may also be amended by the
Developer for the purposes and by the procedure set forth in
Section 12.01 of the Declaration. No amendment to these By -Laws
shall become effective until Recorded.
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