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O-66-07 08/13/2007ORDINANCE NO0- 4-)6'Q7 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR APPROXIMATELY 2.19 ACRES LOCATED AT 1360 STATE STREET (Walus Subdivision) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 13TH DAY OF AUGUST, 2007 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, DuPage, and Will Counties, Illinois this 13th day of August, 2007. ORDINANCE NO. (' (o 7 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR APPROXIMATELY 2.19 ACRES LOCATED AT 1360 STATE STREET (Walus Subdivision) 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 13th day of August, 2007. AYES NAYS ABSTAIN ABSENT Debbie Blatzer Peter Cowles v( Clifford Miklos t/ Brian Reaves v" Ron Stapleton V Jeanette Virgilio Attest: CHARLENE SMOLLEN, Village Clerk Approved by me this 13th day of August, 2007 VILLAGE OF LEMONT WALUS ANNEXATION AGREEMENT ARTICLE TITLE I Annexation II Zoning and Land Use Restrictions III Required Improvements IV Dedication and Construction of Streets, Sidewalks; Donations; Miscellaneous V Developer Donations and Impact Fees VI VII VIII IX X XI XII XIII XIV XV XVI XVII Easements and Utilities Development Codes and Ordinances and General Matters Approval of Plans Notice of Violations Maintenance Bond Damage to Public Improvements Binding Effect and Term and Covenants Running with the Land Notices Certificates of Occupancy Warranties and Representations Continuity of Obligations Entrance Sign ARTICLE TITLE XVIII No Waiver or Relinquishment of Right to Enforce Agreement XIX Village Approval or Direction XX Singular and Plural XXI Section Headings and Subheadings XXII Recording XXIII Authorization to Execute XXIV Amendment XXV Counterparts XXVI Curing Default XXVII Conflicts Between the Text and Exhibits XXVIII Severability XXIX Definition of the Village XXX Reimbursement of Costs XXXI Execution of this Agreement EXHIBITS EXHIBIT TITLE A Legal Description of Territory B Plat of Annexation, prepared by Joseph M. De Craene. C D E F G Preliminary Plat of Subdivision Preliminary Engineering Plans, prepared by Edward W. Podczerwinski, dated May 25, 2007 Landscape Plan, prepared by Edward W. Podczerwinski, dated May 25, 2007 Covenants prepared by Christopher Koczwara Sample Elevations prepared by Edward W. Podczerwinski and referenced in the Covenants WALUS SUBDIVISION ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT (hereinafter, "Agreement "), is made and entered into this 13th day of August, 2007, by and between the VILLAGE OF LEMONT, a municipal corporation within the Counties of Cook, DuPage and Will, in the State of Illinois (hereinafter referred to as "VILLAGE ") and ALBERT AND ANNA WALUS (hereinafter referred to as "OWNER "); the VILLAGE and OWNER are hereinafter sometimes referred to individually as a "Party" and collectively as the "Parties"; and, WHEREAS, OWNER is the owner of record of the real estate (hereinafter referred to as the "TERRITORY ", the legal description of which is attached hereto as Exhibit A and depicted on Exhibit B by this reference made a part hereof; and, WHEREAS, OWNER filed a Petition for Annexation of the TERRITORY to the VILLAGE (hereinafter, the "Petition ") that requested annexation of the TERRITORY subject to execution of an annexation agreement acceptable to the OWNER and the VILLAGE; and, WHEREAS, the TERRITORY has not been annexed to any municipality; and, WHEREAS, the TERRITORY constitutes an area that is contiguous to and may be annexed by 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 Agreement; and, WHEREAS, the VILLAGE will 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 resulting from annexation of the TERRITORY shall extend to the far side of every highway adjacent to the TERRITORY and shall include all of every adjacent 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 said provisions of the Municipal Code, the corporate authorities of the VILLAGE duly fixed a time for and held a hearing upon a proposed annexation agreement, in substance and form substantially the same as this Agreement, and gave notice of said hearing; and, WHEREAS, the corporate authorities of the VILLAGE considered annexation of the TERRITORY described in the Petition and determined that the best interest of the VILLAGE will be met if the TERRITORY is annexed to the VILLAGE and developed in accordance with the provisions of this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and of the covenants, conditions and agreements herein 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 for the 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. Upon adoption of an ordinance annexing the TERRITORY to the VILLAGE, the Village Clerk shall cause a copy of said ordinance and said Plat to be duly recorded with the Cook County Recorder, and duly filed with the Cook County Clerk. The Village Clerk shall also send notice of annexation of the TERRITORY to the Cook County Elections Department and the U.S. Post Office branch serving the TERRITORY by certified or registered mail. II ZONING AND LAND USE RESTRICTIONS 1. Zoning Classification. 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 VILLAGE zoning ordinance, as amended, as R -4, Single - Family Detached Residence District. Prior to the date of this Agreement, such public hearings necessary to enable the VILLAGE lawfully to grant said zoning classification as to the TERRITORY were conducted upon proper notice, and no further action need be taken by the OWNER to cause the TERRITORY to be classified as R -4, Single - Family Detached Residence District once the TERRITORY is annexed to the VILLAGE. 2. Variation. The following variation from Lemont Ordinances shall be granted: 1. The ordinance granting such zoning classification shall also grant a deviation from the Lemont Zoning Ordinance requiring 30 foot yard rear setbacks and shall allow a 25 foot rear yard setback for Lot 14 of the preliminary plat of subdivision. 2. Lot 14 shall be allowed to remain on water and septic until such time the lot is redeveloped, either with a new dwelling or resubdivided. 3. Final Engineering and Exhibits. The TERRITORY shall be developed substantially in accordance with the: 1. Preliminary Plat of Subdivision, prepared by Edward W. Podczerwinski, incorporated herein as Exhibit C. 2. Preliminary Engineering Plans, prepared by Edward W. Podczerwinski, dated May 25, 2007, incorporated herein as Exhibit D, with any other revisions as required by the VILLAGE. 3. Preliminary Landscape Plan, prepared by Edward W. Podczerwinski, dated May 25, 2007, incorporated herein as Exhibit E, with any other revisions as required by the VILLAGE. 4. Covenants, prepared by Christopher Koczwara, incorporated herein as Exhibit F 5. Consistent with the home elevations attached as Exhibit G. The homes do not have to be of this exact design, but shall be similarly designed. 4. Building Permits. Within 30 days after receipt of an complete 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 and Fire 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. 5. Stop Orders. 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 or other municipal codes or regulations 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. 6. Ordinance Amendments. It is understood and agreed, except as otherwise provided for herein, the Zoning Ordinance, Subdivision 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. Notwithstanding the foregoing, it is expressly understood and agreed by the Parties that during the term of this Agreement, no use permitted under the R -4, Single - family Detached zoning regulations at the time of the execution of the Agreement shall be denied to the OWNER and its successors or assigns, unless the zoning classification of the TERRITORY is amended by the petition of the OWNER or its successors or assigns, or unless the VILLAGE shall comprehensively amend its Zoning Ordinance. In the case of a comprehensive amendment to the VILLAGE'S Zoning Ordinance, the TERRITORY shall be designated the zoning district most comparable to the R -4, Single - family Detached. The current requirements of the Village as to lot dimensions, lot area, yard, setback, and other dimension restrictions, if any, shall continue to be applicable to the territory. III REQUIRED IMPROVEMENTS 1. Water Supply. OWNER shall construct and install at its expense all necessary on -site water mains to service the TERRITORY. All water mains shall be constructed and installed 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 water mains to the water facilities of the VILLAGE and to furnish water service to houses constructed in the TERRITORY on the same basis as water service is furnished to other parts of the VILLAGE. 2. Sanitary and Storm Sewers. OWNER shall construct and install at its expense all necessary sanitary sewers and storm 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 to houses constructed in the TERRITORY on the same basis as sewer service is furnished to other parts of the VILLAGE. OWNER 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. 3. Detention Area. The DEVELOPER agrees to construct detention basins in accordance with Village standards including the requirement to sod the detention basin which is to be conveyed and owned by the VILLAGE. IV DEDICATION AND CONSTRUCTION OF STREETS, SIDEWALKS, MISCELLANEOUS 1. Streets. OWNER shall construct at its expense all public streets as shown on the Preliminary Plat of Subdivision in accordance with the Subdivision Regulations of the VILLAGE and final engineering plans approved by the VILLAGE. Also, OWNER shall be required to keep all public streets adjoining the TERRITORY free from mud and debris generated by any new construction activity on the TERRITORY. Such streets must be cleaned at least once a week, and more often if required by VILLAGE in its sole judgment. For each day that the streets are not cleaned as required hereunder during construction, OWNER shall be subject to a fine as provided in the Subdivision Regulations. If any such fine is not promptly paid, the VILLAGE shall have the right to stop any and all further construction until paid. 2. Construction Hours. The Owner shall be responsible for strict adherence to VILLAGE regulations on permissible hours of construction for all construction activity related to the installation of public improvements. It is agreed that the VILLAGE shall issue stop -work orders, tickets and fines as reasonably necessary to enforce its construction hour's regulations. The penalty for construction hours violations shall be imposed against only the lot where the violation is found to have occurred. 3. Maintenance. The OWNER shall be responsible for maintenance of the streets, including any damage incidental to the construction of dwellings in the subdivision by other contractors, their subcontractors or suppliers, until acceptance by VILLAGE. 4. Design and Standards. The design and construction standards for the network of planned streets within the TERRITORY shall be in accordance with final engineering plans as approved by the VILLAGE. 5. Dedications. A dedication measuring 50 feet from the center of the right - of -way shall be required along State Street. 6. Street Lights. OWNER shall be required to install streetlights in accordance with the Subdivision Regulations of the VILLAGE and final engineering plans approved by the VILLAGE. 7. Sidewalks and Street Trees. OWNER shall be required to construct sidewalks in accordance with the term of this Agreement, the Subdivision Regulations of the VILLAGE and final engineering plans approved by the VILLAGE. The cost of any sidewalks and street trees to be installed on public ROW 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. Nothing contained herein shall prohibit assigning, delegating or transferring the responsibility for planting such trees and installing sidewalk on individual lots by contract or declaration to home building contractors applying to the VILLAGE for building construction permits. However, the OWNER shall at all times remain primarily liable to the VILLAGE for such installation and, in any event, responsibility for the installation of street trees and sidewalk shall not be assigned or transferred by the OWNER to the homeowner (end user). Sidewalks and street trees shall be installed by the OWNER on any lots remaining vacant within three years of recording of the Final Plat of Subdivision for each individual phase. V DEVELOPER DONATIONS AND IMPACT FEES 1. Developer Donations and Impact Fees. Prior to recording a Final Plat of Subdivision, OWNER shall pay cash contributions 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: • Lemont Park District — OWNER shall pay $ 63,859.51 for the benefit of the Lemont Park District; • Lemont - Bromberek School District 113A - OWNER shall pay $30,346.59 for the benefit of Lemont - Bromberek School District 113A. • Lemont Township High School District 210 - OWNER shall pay $15,168.00 for the benefit of Lemont Township High School District 210. • Lemont Fire Protection District -OWNER shall pay $894.00 if dwelling units are unsprinkled, or $300.00 if the dwelling units are sprinkled for the benefit of Lemont Fire Protection District. • Lemont Library District -OWNER shall pay $485.44 for the benefit of Lemont Public Library District. • Annexation Fee -OWNER shall pay $750.00 to the VILLAGE for Annexation Fees. The total fee shall be paid at the time of the recording of the initial final plat. • Water System Improvement Contribution - OWNER shall pay $1,000.00 per lot to the VILLAGE at the time of issuance of building permit for the cost of expanding the well and storage capacity to the TERRITORY. The VILLAGE shall not impose any donation, contribution, recapture or impact fee requirement on OWNER or its successors and assigns for development of the TERRITORY other than those specified in this Agreement. VI EASEMENTS AND UTILITIES The OWNER agrees that the final plat of subdivision for the TERRITORY will grant to the VILLAGE all necessary easements for the extension, maintenance, replacement and repair of sanitary sewer, storm sewer, water, street, or other utilities, including cable television, or for other improvements, subject to the provisions of the Subdivision Control Ordinance, which may serve not only the TERRITORY, but also other property in the vicinity of 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 OWNER 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 OWNER'S option, upon approval of the respective utility companies. VII DEVELOPMENT CODES AND ORDINANCES AND GENERAL MATTERS 1. Existing Ordinances. Except as otherwise provided in this Agreement, the development of the TERRITORY 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 at such time. All fees, etc. set forth under the various ordinances of the VILLAGE shall be paid by the OWNER at the rate set forth in the VILLAGE ordinances at the time each permit is issued, except as otherwise provided in this Agreement. 2. Occupancy Permits. 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 OWNER may be commenced at any time after OWNER has delivered 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 110% of Village Engineer's estimate. Engineer's estimate of the cost of construction and installation of all such public improvements as approved by the Village Engineer, including all required lighting, 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 OWNER 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 shall promptly, 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. 3. As -Built Engineering Plans. OWNER, at OWNER'S 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. 4. Acceptance of Public Improvements. 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. OWNER 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. 5. Debris Removal. OWNER agrees not to let debris or excessive construction waste accumulate on the TERRITORY. OWNER shall, within ten (10) days of notification of a violation by the VILLAGE, remove all debris from the locations as specified by the VILLAGE. If debris is not removed within this time period, the VILLAGE shall have the right to draw upon the Letter of Credit provided for in this Agreement to remove any such debris on the TERRITORY. The VILLAGE will not draw upon the Letter of Credit if OWNER removes the debris as directed by the VILLAGE within the ten (10) day notice period. VIII APPROVAL OF PLANS VILLAGE agrees to expeditiously take action to approve or disapprove all plats, plans and engineering submitted to VILLAGE by OWNER. If the VILLAGE determines that any such submission is not in substantial accordance with this Agreement and applicable ordinances, the VILLAGE shall promptly notify OWNER in writing of the specific objection to any such submission so that OWNER can make any required corrections or revisions. IX NOTICE OF VIOLATIONS The VILLAGE will not issue 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 or Code Enforcement Officials 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 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 that may affect the TERRITORY or development of it under this Agreement. X MAINTENANCE BOND At the time or times of acceptance by VILLAGE of the installation of any part, component or of any public improvement in accordance with this Section, or any other section of the Agreement, OWNER shall deposit with the VILLAGE, a maintenance bond in the amount of five percent (5 %) of the cost of the installation of the public improvement accepted by VILLAGE. This bond shall be deposited with the VILLAGE and shall be held by the VILLAGE for a period of 24 months after completion and acceptance of all improvements. In the event of a defect in material and/or workmanship within said period, then said Bond shall not be returned until correction of said defect and acceptance by VILLAGE of such correction. XI DAMAGE TO PUBLIC IMPROVEMENTS The OWNER shall replace and repair any damage to public improvements installed within, under, or upon the TERRITORY resulting from construction activities by OWNER, its successors and 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. XII BINDING EFFECT AND TERM AND COVENANTS RUNNING WITH THE LAND 1. Term. This Agreement shall be binding upon and insure to the benefit of the Parties, successor owners of record, and assignees and lessees of the TERRITORY, and upon any successor corporate authorities and employees of the VILLAGE and successor municipalities, for a period of 20 years from the date of execution hereof. 2. Binding Effect. The terms and conditions of this Agreement relative to the payment of monies and contributions to the VILLAGE, 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 of the TERRITORY. 3. Enforcement. 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 such other relief for the breach thereof as may be authorized by law or that by law or in equity is available to them. XIII NOTICES Unless otherwise required by VILLAGE ordinance, all notices, requests and demands shall be in writing and shall be personally delivered to or mailed by United States Certified Mail, postage prepaid and return receipt requested as follows: To VILLAGE: To OWNER: 1. Village President 418 Main Street Lemont, Illinois 60439 2. Village Clerk 418 Main Street Lemont, Illinois 60439 Or such other addresses that any Party hereto may designate in writing to the other Party pursuant to the provisions of this Section. XIV CERTIFICATES OF OCCUPANCY 1. Within five (5) business days after request by OWNER for a final inspection of a building within the TERRITORY, the VILLAGE shall issue a 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. XV WARRANTIES AND REPRESENTATIONS The OWNER represents and warrants to the VILLAGE as follows: 1. That identified on page 1 hereof is the OWNER as legal title holder. 2. That the OWNER proposes to develop the TERRITORY in the manner contemplated under this Agreement. 3. That other than OWNER, no entity or person has any interest in the TERRITORY or its development as herein proposed 4. That OWNER has provided the legal description of the TERRITORY set forth in this Agreement and the attached Exhibits and that said legal description is accurate and correct. XVI 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, OWNER shall at all times during the term of this Agreement remain liable to VILLAGE for the faithful performance of all obligations imposed upon them by this Agreement until such obligations have been fully performed or until VILLAGE, at its sole option, has otherwise released OWNER and from any all of such obligations. Notwithstanding the foregoing, this Agreement shall be assignable by the OWNER provided, however, that OWNER shall notify the Village Clerk, in writing, within five (5) business days thereof, of any transfer of any interest in the TERRITORY for construction and/or development, of the name or names of the transferees, and the portion or portions of the subject property transferred; and further provided, that the assignee shall expressly assume liability for all duties and obligations imposed by this Agreement, and evidence of such assignment and assumptions shall be provided to the Village Clerk, and the VILLAGE shall consent to such assignment and assumption, which consent shall not be unreasonably withheld and which shall include the VILLAGE'S acceptance of replacement security. Individual lot sales to homeowners are excluded from this notice requirement. XVII ENTRANCE SIGN If a subdivision entrance sign is desired it shall be located in an area that is in an easement and shall provide for perpetual care, maintenance and restoration by the Homeowners Association. All proper building permits shall be applies for. XVIII 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. XIX 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. XX SINGULAR AND PLURAL Wherever appropriate in this Agreement, the singular shall include the plural, and the plural shall include the singular. XXI 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. XXH RECORDING A copy of this Agreement and any amendments hereto shall be recorded by the VILLAGE at the expense of the OWNER within 30 days after the execution thereof. XXIII 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. XXIV 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. XXV COUNTERPARTS This Agreement may be executed in two or more counterparts or duplicate originals, each of which taken together, shall constitute one and the same instrument. XXVI 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. XXVII 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. XXVHI 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. XXIX 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. REIMBURSEMENT OF COSTS The OWNER agrees to reimburse the VILLAGE for reasonable attorney's fees, planning consultants and engineering costs incurred by the VILLAGE in connection with the annexation of the TERRITORY, or in the enforcement of any of the terms of the Annexation Agreement. Such payment shall be made promptly upon receipt of a request from the VILLAGE of such reimbursement, with copies of the bills attached. In the event of a challenge or objection to contiguity, the OWNER waives any claim against the VILLAGE for any damages or injury and will indemnify the VILLAGE for any costs or attorneys fees. 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 1 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: Village Clerk Bv: VILLAGE OF LEMONT an Illinois Municipal Corporation OWNER: By: Notary Certificates STATE OF ILLINOIS ) )SS. COUNTY OF COOK ) I, the undersigned, a Notary Public, in and for the County and Sate aforesaid, DO HEREBY CERTIFY that JOHN F. PIAZZA personally known to me to be the President of the Village of Lemont, and CHARLENE M. SMOLLEN, personally known to me to be the Village clerk of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Village Clerk, they signed and delivered the said instrument and caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given by the Board of Trustees of said municipal corporation, as their free and voluntary act, and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. GIVEN under my hand and official seal, this day of 2007. Notary Public My commission expires , 20 STATE OF ILLINOIS ) )SS. COUNTY OF COOK ) I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and official seal, this day of 2007. Notary Public My commission expires , 20 Exhibit A PARCEL FIVE: THE SOUTH 350.65 FEET OF THE NORTH 515.65 FEET OF THE EAST 600.00 FEET (EXCEPT THE EAST 33.00 FEET THEREOF) OF LOT 15 1N COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN COOK COUNTY, ILLINOIS, SAID LOT 15 BEING THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 32. PARCEL SIX: THE EAST 100.00 FEET OF THE SOUTH 350.65 FEET OF THE NORTH 515.65 FEET OF THE WEST 200.00 FEET OF THE EAST 800.00 FEET (EXCEPT THE SOUTH 33.00 FEET THEREOF) OF LOT 15 IN COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN COOK COUNTY, ILLINOIS. Exhibit A PARCEL FIVE: THE SOUTH 350.65 FEET OF THE NORTH 515.65 FEET OF THE EAST 600.00 FEET (EXCEPT THE EAST 33.00 FEET THEREOF) OF LOT 15 IN COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN COOK COUNTY, ILLINOIS, SAID LOT 15 BEING THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 32. PARCEL SIX: THE EAST 100.00 FEET OF THE SOUTH 350.65 FEET OF THE NORTH 515.65 FEET OF THE WEST 200.00 FEET OF THE EAST 800.00 FEET (EXCEPT THE SOUTH 33.00 FEET THEREOF) OF LOT 15 IN COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN COOK COUNTY, ILLINOIS. 90 Nit liqms 3.001*05 .00414 51 151 q 31(1 aM sl 101 70 104 mc[IN1 MU a m 15.111 —' —' $= 332f�S 41411S--- - s 703 5.54.IL05 1- - .00'504 oo CD CD .� 0 Z d ml wo CCw 0 a_o 0 b 0 ! 0 1 Z X W HE VILLAGE al :°MIa3'1n =- 334.4500 45251 N$1L05 31 401 AD a -u M"W011q 311110 X1141 N 11n 70 4 M0M ur3 34 70 8g 5 Llgb M,f 1 15.04 51 101 70'4 Mm11n3X f)X1 1541 MM 141 3.. 14 W'001117'7141 o 3xn MI5 EXHIBIT B \m A 31145311 344.116 /n oo5e� if : 41— ±3381S— RVI.' 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I.: } @ 9F \ j '4 ° \° 16 =. n (iI h \NNWh!,NA NN\\NN\N\\x N\ \N\\\\\\\\ww NNN\Nnun \N\NN\\NNN \N\ \NN\N\ n NW, LVMW DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EQUITABLE SERVITUDES, GRANTS, EASEMENTS, AND BY -LAWS OF WALUS SUBDIVISION This Declaration is made by Albert Walus, Anna Walus, Christopher Walus, and Zofia Walus, being the Owners and Developers of the real property (herein after referred to as "Declarant" or "Developer ") on June , 2007. RECITALS: WHEREAS, Developer is the owner in fee simple of certain real estate in the Village of Lemont, Cook County, Illinois, the legal description is set out on a Plat of Subdivision attached hereto as Exhibit A, said land being referred to as the Land or Real Estate for purposes of this Declaration. WHEREAS, Developer desires to establish certain covenants, conditions, restrictions, reservations, equitable servitudes, grants, easements, and by -laws in, over and upon said Real Estate for the benefit of itself and all future owners of any part of said Real Estate and any unit or units thereof or therein contained, and to provide for the harmonious, beneficial and proper use and conduct of the Real Estate; and WHEREAS, Association shall be responsible for the administration, maintenance, repair and replacement of the Common Elements of the Walus Subdivision. WHEREAS, Each Owner shall be assessed to pay its proportionate share of the Common Expenses required to operate the Association, all as more fully provided in this Declaration. WHEREAS, Developer shall retain certain rights set forth in this Declaration with respect to the Real Estate and the Association, including, without limitation, the right, prior to the Turnover Date, to appoint all members of the Board, the right to come upon the Real Estate in connection with Developer's efforts to sell Lots or residences, and other rights reserved in this Declaration. WHEREAS, Owner desires and intends that the several Owners, mortgagees, Occupants, and other persons hereafter acquiring any interest in the Real Estate, hereinafter defined, shall at all times enjoy the benefits of, and shall hold their interests subject to the rights, easements, privileges, and restrictions hereinafter set forth, all of which are declared to be in furtherance of a plan to promote and protect the Real Estate and are established for the purpose of enhancing and perfecting the value, desirability and attractiveness of the Property. NOW, THEREFORE, Albert Walus, Anna Walus, Christopher Walus, and Zofia Walus, as record title holder of the Real Estate for the purposes of enhancing and protecting the value, attractiveness and desirability of the Lots or tracts constituting such Development, the Developer hereby declares that all of the Real 1 Estate described in Exhibit A and each part thereof, shall be held, sold and conveyed subject to the following covenants, conditions, restrictions, reservations, equitable servitudes, grants, easements, setbacks lines, and by -laws which constitute covenants running with the land and which shall be binding upon the respective Owners of said Lots or tracts, their heirs, executors, administrators, successors, grantees, leases and assignees and shall inure to the benefit of each Owner thereof. ARTICLE I DEFINITIONS The following words, when used in this Declaration (unless the context shall prohibit) shall have the following meanings: Section 1. Association shall mean and refer to Walus Homeowner's Association, Inc., an Illinois Not- For - Profit Corporation. Section 2. Common Area shall mean those parcels, lots, easements and improvements for landscaping, open area, detention ponds, signs and entranceway reserved to the Association or the Developer, whether for the exclusive use of the Developer or for the non - exclusive common use and enjoyment of the Owners of Lots as shown on the recorded Walus Subdivision Plat. Section 3. Developer shall mean Albert Walus, Anna Walus, Christopher Walus, and Zofia Walus its successors and assigns, if any such successor or assignee acquires the undeveloped portion of Walus Subdivision from the Developer for the purposes of Development. Section 4. Land or Real Estate means the entire parcel set forth in Exhibit A attached hereto. Section 5. Lot shall mean and refer to any Lot or other tract in Walus Subdivision together with any and all improvements, thereon shown on the recorded Plat of Walus Subdivision referred to above, on which a residential structure could be constructed, whether or not one has been constructed. Section 6. Maintenance shall mean the exercise of reasonable care to keep the common area, entranceway, landscaping and other related improvements in a condition comparable to their original condition. Section 7. Walus Subdivision shall mean and refer to such all existing properties, and additions thereto, as are subject to this Declaration and any supplemental Declaration and shall include the real property described in said preamble. Section 8. Member shall mean every person or entity holding membership in the Association. 2 Section 9. Owner shall mean the record Owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Development, including the Developer, and including contract sellers, but not including contract purchasers. Section 10. Residence. A single family home located on a Lot. Section 11. Turnover Date shall mean the date the Association is turned over to the members, which date shall be the first to occur of the following events: i) voluntary turnover by the Developer to the Members, ii) 60 days after the date 80% of all lots have been transferred from Developer to Owners, iii) seven (7) years from the date of recording this Declaration. ARTICLE II SCOPE OF DECLARATION AND CERTAIN PROPERTY RIGHTS Section 1. Property Subject to Declaration. Declarant as the owner of fee simple title to the Condominium Parcel (which is legally described in Exhibit A), expressly intends to, and by Recording this Declaration, does hereby subject the Land to the provisions of this Declaration. Section 2. Description of Lots. All lots are delineated on the Plat attached hereto as Exhibit A and made a part of this Declaration. The legal description of each Lot shall consist of the identifying symbol of such Lot as shown on the Plat. Said Lots are legally described on Exhibit A attached hereto and made a part hereof. Section 3. Conveyances Subject to Declaration. All easements, restrictions, conditions, covenants, reservations, liens, charges, rights, benefits, and privileges which are granted, created, reserved or declared by this Declaration shall be deemed to be 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 the Parcel, and their respective grantees, mortgagees, trustees, heirs, successors, personal representatives or assigns. Reference in any deed of conveyance, lease, mortgage, trust deed, other evidence of obligations, or other instrument to the provisions of this Declaration shall be sufficient to create and reserve all of the easements, restrictions, conditions, covenants, 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. Section 4. Utility and Access Easements. Each Owner of a Lot, the Declarant and the Developer shall have a non - exclusive easement for access over and across walkways located from time to time on the Land. The SBC Telephone Company, Commonwealth Edison Company, Peoples Gas Company, the Village of Lemont, and all other public and private utilities serving the Real Estate are hereby granted the right to lay, construct, renew, operate, and maintain conduits, cables, pipes, wires, transformers, switching apparatus' and other equipment related to their service to the Real Estate, into and through the Property where reasonably necessary for the purpose of providing utility services to the Real Estate, Lot, and to adjacent property, as long as such grantees repair any damage to the Lot or residence resulting from an exercise 3 of their rights hereunder. The Village of Lemont or any other governmental authority which has jurisdiction over the Real Estate shall have a non - exclusive easement of access over roads and driveways located on the Land for police, fire, ambulance, waste removal, snow removal, or for the purpose of furnishing municipal or emergency services to the Premises. Section 5. Right of Enjoyment. Each Owner shall have the exclusive right to use and enjoy the Owner's Residence. Such rights and easements shall run with the land, be appurtenant to and pass with title to every Lot or Residence, and shall be subject to and governed by the laws, ordinances and statutes of jurisdiction, the provisions of this Declaration, the By -Laws, and the reasonable rules and regulations from time to time adopted by the Association. Section 6. Separate Mortgages. Owner shall have the right, subject to the provisions herein, to make a separate mortgage encumbrance or other lien on his respective Lot. After the Recordation of this Declaration, no Owner shall have the right or authority to make or create, or to cause to be made or created, any mortgage or encumbrance or other lien on or affecting the Common Area or any part thereof, except only to the extent of his Lot Ownership. Section 7. Separate Real Estate Taxes. Real estate taxes, special assessments, and any other special taxes or charges of the State of Illinois or any duly authorized subdivision or agency thereof, are to be separately taxed to each Owner. Section 8. Association Property Rights. The Association shall have the right to own the Parcels, Lots, Easements and Improvements constituting the Common Area and shall have the obligation, in perpetuity, to maintain the Common Areas, whether the Common Areas are located on private property or on public rights -of- way; including but not limited to storm water detention easements, wetland maintenance in accordance with the approved plans and entrance ways. ARTICLE III THE ASSOCIATION Section 1. The Association. Developer shall cause the Association to be incorporated as a not - for - profit corporation. The Association shall be the governing body for all of the Owners and for the administration and operation of the Common Areas as provided in this Declaration and the By -Laws. All agreements and determinations lawfully made by the Association shall be deemed to be binding on all Owners and their respective successors and assigns. Section 2. Membership. (a) Each Owner shall be a member of such Association, which membership shall terminate upon the sale or other disposition by such member of his or her Lot, at which time the new Lot Owner shall automatically become a member therein. (b) One (1) individual shall be designated as the "Voting Member" for each Lot Ownership. The Voting Member or his proxy shall be the individual who shall be 4 entitled to vote at meetings of the Owners. If the Record ownership of a Lot shall be in more than one (1) Person, or if an Owner is a trustee, corporation, partnership or other legal entity, then the Voting Member for the Lot shall be designated by such Owner or Owners in writing to the Board, and if, in the case of multiple individual Owners, no designation is given, then the Board at its election may recognize an individual Owner of the Lot as the Voting Member for such Lot. (c) The provisions of Exhibit B of this Declaration shall be adopted as the initial By -Laws of such Association. (d) The name of such Association shall be WALUS SUBDIVISION HOMEOWNER'S ASSOCIATION, or a similar name. Section 3. The Board. From and after the Turnover Date, the Board shall consist of three (3) individuals, each of whom shall be an Owner or a Voting Member, or both. Members of the Board of Directors shall be elected at each annual meeting of the Owners as provided in the By -Laws. Section 4. Voting Rights. Whenever a vote of the Owners of the Association is required, at any meeting of the Unit Owners or otherwise, such votes shall be cast by the Voting Members or their proxies; provided that a individual who is a contract purchaser of a Lot from a contract seller other than the Declarant, shall have the right to vote for directors of the Association after the Turnover Date unless such contract seller expressly retains such right in writing. Except as otherwise specifically required under the Act, this Declaration or the By -Laws, each Voting Member shall have one (1) vote per Lot represented by the Voting Member. Section 5. Director and Officer Liability. Neither the directors nor the officers of the Association whether elected or designated by the Developer or by the Owners shall be personally liable to the Owners for any mistake of judgment or for any other acts or omissions of any nature whatsoever as such directors and officers, except for any acts or omissions found by a court to constitute criminal conduct, gross negligence or fraud. The Association shall indemnify and hold harmless each of the directors and each of the officers, his heirs, executors or administrators, against all contractual and other liabilities to others arising out of contracts made by or other acts of the directors and officers on behalf of the Owners or the Association or arising out of their status as directors or officers unless any such contract or act shall have been made criminally, fraudulently or with gross negligence. It is intended that the foregoing indemnification shall include indemnification against all costs and expenses (including, but not limited to, counsel fees, amounts of judgments paid and amounts paid in settlement) actually and reasonably incurred in connection with the defense of any claim, action, suit or proceeding, whether civil, administrative, or other, in which a director or officer may be involved by virtue of such person being or having been such director or officer; provided, however, that such indemnity shall not be operative with respect to (i) any matter as to which such person shall have been finally adjudged in such action, suit or proceeding to be liable for criminal conduct, gross negligence or fraud in the performance of his duties as such director or offers, or (ii) any matter settled or compromised, unless in the opinion of independent counsel selected by or in a manner determined by the Board, there is not reasonable ground for such person 5 being adjudged liable for criminal conduct, gross negligence or fraud in the performance of his duties as such director or officer. Section 6. Litigation. No judicial or administrative proceedings shall be commenced or prosecuted by the Association without first holding a special meeting of the members and obtaining the affirmative vote of Voting Members representing at least seventy-five percent (75 %) of the total votes represented by all Voting Members to the commencement and prosecution of the proposed action. The Section shall not apply to (i) actions brought by the Association to enforce the provisions of this Declaration, the By -Laws or rules and regulations adopted by the board (including, without limitation, an action to recover unpaid assessments or other charges or to foreclose a lien for unpaid assessments or other charges) or (ii) counterclaims brought by the Association in proceedings instituted against it. ARTICLE IV COVENANTS FOR MAINTENANCE ASSESSMENT Section 1. Creation of Lien and Personal Obligation of Assessment. The Developer, for each Lot owned by it in Walus Subdivision hereby covenants and each Owner of any Lot (by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance) including any purchaser at a judicial sale, shall hereafter be deemed to covenant and agree to pay to the Association any annual assessments or charges, and any special assessments for capital improvements or major repair; such assessments to be fixed, established and collected from time to time as hereinafter provided. All such assessments, together with interest thereon from the due date at the rate of eighteen percent (18 %) per annum, and cost of collection thereof, including reasonable attorney's fees, shall be charged on the land and shall be continuing lien upon the Lot against which each such assessment is made and shall also be the personal obligation of the Owner. No Owner may waive or otherwise escape liability for the assessments provided for herein by non -use of the Common Area or by abandonment, or otherwise. Section 2. Purpose of Assessment. The annual and special assessments levied by the Association shall be used exclusively for the purpose of maintaining the Common Areas. Section 3. Annual Assessments. The annual assessment, excluding any special assessment for capital improvements or special repairs, shall be established by the Board of Directors of the Association. The annual assessment shall be determined in accordance with the projected financial needs of the Association as to which the decision of the Board of Directors of the Association shall be dispositive. Section 4. Uniform rate of the Assessment. All regular and special assessments shall be at a uniform rate for each Lot in Lighthouse Pointe. 6 Section 5. Special Assessments for Capital Improvements and Major Repairs. In addition to the annual assessment, the Association may levy in any assessment year a special assessment applicable to that year only for the purpose of defraying in whole or in part the cost of any construction, re- construction, unexpected repair or replacement of a capital improvement as approved by the Board of Directors of the Association, provided that any such assessment shall have the approval of a majority of the Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members at least ten (10) days in advance, and which shall set forth the purpose of the meeting. Section 6. Date of Commencement of Annual Assessments: Due Date. The assessments for which provision is herein made shall commence on the first day of the month, or as fixed by the Board of Directors of the Association to be the date of commencement, following the sale of a Lot by the Owner/Developer to a bone fide Purchaser. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The due date of any assessment shall be fixed in the resolution authorizing such assessment and such assessment shall be payable in advance in monthly, quarterly, semi - annual or annual installments, as determined by the Board of Directors of the Association. Section 7. Duties of the Board of Directors. The Board of Directors of the Association shall fix the date of commencement and the amount of the assessment against each Lot for each assessment, at least thirty (30) days in advance of such date or period and shall, at that time, prepare a roster of the Lots and assessments applicable thereto, which shall be kept in the office of the Association and shall be open to inspection by the Owner and the Developer. Written notice of the assessment shall be sent to every Owner and the Developer; written notice of the assessment shall be sent to every Owner subject thereto not later than seven (7) days after fixing the date of commencement thereof. The Association shall, on demand, and for reasonable charge, furnish to any Owner liable for said assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8. Effect of Non - Payment of Assessment: The Lien, Personal Obligation, Remedies of Association. If any assessment is not paid on the date when due, such assessment shall then become delinquent and shall, together with interest thereon, and the cost of collection thereof including reasonable attorney's fees, become a continuing lien on the Lot against which such assessment is made that shall bind such Lot in the hands of the Owner, its heirs, devisees, personal representatives and assigns, and shall also be a continuing personal obligation to the Owner against whom the assessment is levied. If the assessment is not paid within thirty (30) days after the delinquency date, which shall be set by the Board of Directors, the assessment shall bear interest from the date of delinquency at the rate of eight percent (18 %) per annum, and the Association may, at any time thereafter, bring an action to foreclose the lien against the Lot in like manner as a foreclosure of a mortgage on real property or a suit on the personal obligation against the Owner, and there shall be added to the amount of such assessment the cost of any such action including reasonable attorney's fees, and in the event a judgment is obtained, such judgment shall include interest on the assessment 7 as above provided and reasonable attorney's fees to be fixed by the Court, together with the costs of the action. Section 9. Subordination to Lien of Mortgages. The lien of the assessment for which provision is herein made as well as in any other Article of this Declaration shall be subordinate to the lien of any purchase money mortgage, first mortgage to a bank, life insurance company, Federal or State savings and loan association, or real estate investment trust. Such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such Lot pursuant to a decree of foreclosure, and in any other proceeding in lieu of foreclosure of such mortgage. No such sale or transfer or proceeding in lieu of foreclosure shall relieve any Lot from liability of any assessments thereafter becoming due, nor from the lien of any subsequent assessment. The written opinion of either the Developer or the Association that the lien is subordinate to a mortgage shall be dispositive of any question of subordination. ARTICLE V ARCHITECTURAL CONTROL TO PRESERVE THE BEAUTY, QUALITY AND VALUE OF THE DEVELOPMENT Section 1. Necessity of Architectural Review and Approval. No improvement or structure of any kind, including, without limitation, any building, fence, wall, swimming pool, tennis court, screen enclosure, sewer, drain, disposal system, decorative building, deck, gazebo, landscape devise or object structure or other improvement shall be commenced, erected, placed or maintained upon any Lot, nor shall any addition, change or alteration therein or thereof be made, unless and until the plans, specifications and location of the same shall have been submitted to, and approved n writing by the Architectural Review Board (ARB). All plans and specifications shall be evaluated as to harmony of extemal design and location in relation to surrounding structures and topography. No foundation shall be poured nor shall construction commence in any manner or respect until the layout for the structure is approved by the ARB. The design of a Residence shall be similar to the design submitted and presented to the Village of Lemont Planning and Zoning Commission. The plans are drawn by Edward W. Podczerwinski and shall be identified as Walus Plan A, Walus Plan B, Walus Plan C, and Walus Plan D. Section 2. Architectural Review Board. The Architectural Review Board shall consist of three (3) members who need not be members of the Association. The Developers shall have the right to appoint all of the members of the ARB, or such lesser number as they may choose, as long as it owns at least one Lot in Walus Subdivision. Members of the ARB as to whom the Developer may relinquish the right to appoint, and all members of the ARB after the Developer no longer owns at least one Lot in Walus Subdivision shall be appointed by, and shall serve at the pleasure of, the Board of Directors of the Association. At anytime that the Board of Directors has the right to appoint one or more members of the ARB, the Board shall appoint at least one (1) architect or building contractor thereto. A majority of the ARB shall constitute a quorum to transact business at any meeting of the ARB and the action of a majority present at a meeting at which a quorum is present shall constitute the action of the ARB. Any vacancy occurring on the ARB because of death, resignation, or other 8 termination of service of any member thereof, shall be filled by the Board of Directors, except that the Developer, to the exclusion of the Board of Directors, shall fill any vacancy created by death, resignation, removal or other termination of services of any member of the ARB appointed by the Developer. Section 3. Powers and duties of the ARB. The ARB shall have the following powers and duties: A. To adopt from time to time modifications and /or amendments to these Covenants. My modification or amendment to the Covenants shall be consistent with the provisions of this Declaration and shall not be effective until adopted by a majority of the members of the ARB B. To require submission to the ARB of two (2) site grading plans and complete sets of all plans and specifications drawn by a licensed architect for any improvement or structure of any kind, including, without limitation, any building, swimming pool, tennis court, screen enclosure, sewer, drain, disposal system, decorative building, landscape devise or object, structure or other improvement the construction or placement of which is proposed upon any Lot in Walus Subdivision. The ARB may review and pre- approve preliminary plans of a proposed Owner prior to the submission of plans and specifications from an architect with the final review and approval contingent upon submission of plans and specifications from a licensed architect provided for herein. The ARB may require submission of samples of building and construction materials proposed for use on any Lot and such additional information as reasonably may be necessary for the ARB to completely evaluate the proposed structure or improvement in accordance with this Declaration including but not limited to, a site plan showing location of the buildings and improvements including fences, gas or electric yard light and other structures upon the Lot. The ARB shall encourage the use of natural siding materials, such brick, stone and wood. The use of aluminum, vinyl, plywood, pressboard, or more than 20% wood or other similar materials as siding is prohibited. The ARB may in its sole discretion waive or modify this requirement when the ARB determines that unique architectural features warrant. C. The ARB shall have the unrestricted right to prevent the building of and to disapprove of any construction plans submitted to it as aforesaid if, in the sole opinion of the ARB: a. Such construction plans are not in accordance with all of the provisions of this Declaration. b. If the design, exterior and interior size, exterior shape, exterior construction materials or color scheme of the proposed building or other structure is not in harmony with the adjacent buildings, structures or the character of the Development; or c. If such construction plans as submitted are incomplete; or d. If the ARB deems the construction plans or any part thereof or any material used on the exterior of the building to be contrary to the spirit or intent of these conditions and restrictions, or contrary to the 9 interest, welfare, or right of all or any part of the real property, subject hereto, or the Owners thereof; or of the adjacent property Owners, all in the sole and uncontrolled discretion of the ARB; or e. If the ARB shall, within it sole and unlimited opinion and discretion, deem the construction plans or any party thereof or the building or structure to be unacceptable or of such design or proportions, or to be constructed of such unsuitable materials or exterior color schemes as shall depreciate or adversely affect the values of other sites or buildings in the Development. The decisions of the ARE shall be final. Neither the Developer nor any architect or agent of the Developer nor any member of the ARE shall be responsible in any way for any defects in any construction plans submitted, revised or approved in accordance with the foregoing, nor for any structural or other defects in any work done according to such construction plans. ARTICLE VI USE RESTRICTIONS AND BUILDING REOUREMENTS Section 1. Single Family Residential Buildings Only. No business or profession of any nature shall be conducted on any Lot or in any residence constructed on any Lot in this Development, except the business and sale of Lots and houses in the Development constructed by Developer and its successors or assigns, and except home occupations which are permitted by Lemont Zoning Regulations and which do not involve employees working out of said business or profession who are not Owners of said Lot. No retail trade or business shall be transacted from said home occupation. Except as provided herein, no advertising signs shall be placed on any Lot or dwelling advertising any home occupation. None of said Lots as originally platted shall be divided or resubdivided except for the purpose of combining portions thereof with adjoining Lot or Lots provided that no additional building site is created thereby. In the event of the division or subdivision of any Lot, the obligation for Association expenses attributable to the divided or subdivided Lot, shall be and become proportionately attributable to the divided or subdivided Lots, and the Owners thereof, to and with which all or portions of the divided or subdivided Lots become consolidated. Any single ownership or single holding by any person or persons which comprises the whole of one of said Lots (as originally platted and subdivided) and a part or parts of one or more adjoining Lots shall, for all purposes of this Declaration, be deemed to constitute a single Lot upon which only one residential building may be erected, constructed or allowed to exist. No room or rooms in any residence or parts thereof may be rented or leased and no paying guests shall be quartered in a residence. Nothing contained in this paragraph, however, shall be construed as preventing the renting or leasing of an entire residence as a single unit to a single family. Anything to the contrary notwithstanding, nothing herein contained shall be construed so as to prevent the Developer or its successor or assigns from erecting a single - family residential building or buildings on any Lot or Lots in the Development and using and maintaining such buildings as a sale office, model home, business 10 office, storage area, construction area, for the purpose of the sale of the lots or homes in the Development and any adjoining property. Notwithstanding the covenants and restrictions contained in this section, a residence may contain an office only if said office is used for wholesale trade transacted off the residential premises. Section 2. Two (2) Car Garage Required. As appurtenant to the residential building permitted by Section 1 hereof and to be used exclusively in connection with such residential building, a private garage of sufficient size to house not less than two (2) standard size American-made automobiles shall be constructed or erected, which garage must be either attached to such residential building as an integral part thereof or attached thereto by an enclosed breezeway or be architecturally designed to compliment the main residence, provided the same is approved by the Architectural Review Board. Such garage shall not be used at any time as a residence, whether temporary or permanent. Such garage shall, in architectural design and in proportionate construction cost, conform to said residential building. No carports will be permitted. Section 3. Minimum Living Area. In addition to all other requirements in this Declaration, the following shall be the minimum sizes for the homes in this Development, unless the ARB has an opinion of extraordinary circumstances that would justify a waiver of such requirements: (a) A residence shall contain at least three thousand (3,000) square feet of living space. It is specifically declared that although a residence sought to be erected on any Lot in this unit may conform to or exceed the minimum square foot living area requirements set out in this subparagraph, if such residence does not conform to all of the requirements of this Declaration, the ARB may disapprove of such construction plans. Section 4. No Accessory Building, Out Buildings, Campers, Trailers, Etc. No temporary or accessory houses, sheds, campers, habitable motor vehicles, boats, trailers, barns, tents, stands, recreational appurtenances, shacks, basement or other structure or building of an accessory or temporary character shall be constructed, placed, allowed to exist or used on any Lot at any time as a residence either temporarily or permanently and no residence erected on any Lot shall be occupied in any manner at any time prior to its full completion and issuance of occupancy permit in accordance with approved plans as hereinabove provided. Section 5. Signs. No advertising or signs of any type or character, including "for sale" signs shall be erected, placed permitted or maintained on any Lot other than a name plate of the occupant and a street number not exceeding 2' x 1' in size. This provision shall not apply to any sign which the Developer may erect identifying and/or advertising the Development and adjoining land or any model homes which may be deemed necessary by the Developer for the operation and sale of the Development and adjoining property or any house or any Lots therein, which said signs only the Developer may erect and maintain. Section 6. No Trucks, Campers, and other Large motor vehicles to be kept on any Lot or on any Street. No trucks, truck- mounted campers, motor homes, 11 trailers, house trailers, buses, boats, boat trailers, campers, junk automobiles, dilapidated or disabled vehicles of any kind shall be maintained, stored or parked on any dedicated or undedicated street, right- of -way or easement or common area. No trucks exceeding % ton in weight, truck- mounted campers, motor homes, trailers, house trailers, buses, campers, junk automobiles, dilapidated or disabled vehicles of any kind shall be maintained, stored or parked on any of the Lots in the Development unless housed or garaged completely in a structure which complies with this Declaration and which has been architecturally approved by the ARB so as to fully screen them from view from the streets and from neighboring yards. Nothing herein contained shall prohibit the temporary storage of boats, campers or recreational vehicles in driveways of any Lot for the purposes of loading or unloading same provided they are not stored for a period of time in excess of forty-eight (48) hours. Section 7. Junk, Machinery and Materials. No implements, machinery, lumber or building materials shall be permitted to remain exposed upon any Lot so they are visible from the streets or any neighboring Lot, except as necessary during the period of construction of a building thereon. Section 9. Fences, dog runs, and Approval Required. No fence shall be constructed on any Lot in the subdivision except as herein provided: (a) Fences will not be allowed except where such fence is required by Lemont Ordinance (i.e. swimming pools, etc.). In such case the ARB shall only allow the enclosure of an area of sufficient size to incorporate the intended use. (b) No fence shall be constructed without the prior written approval of the ARB. (c) All fences shall be constructed of wrought iron material, and shall be uniform in style, height, and color as established by the ARB. The ARB shall establish a design standard of wrought iron. (d) No fence shall be located closer to the street than the rear of the dwelling unit, and, in the case of comer Lots, no fence shall be located closer to the street than the rear of the dwelling unit and the side of the dwelling unit closest to the street. (e) No fence shall extend beyond the side and rear setback lines as established by the Plat of Walus Subdivision. (f) All fences shall be maintained by the Lot Owner in a condition that is comparable to the condition when new and shall not be permitted to deteriorate or become unsightly due to weathering or neglect. Section 10. Driveway Requirements. No residence or building erected or placed on any Lot in the Development shall be occupied in any manner at any time prior to the installation and construction thereon by the Owner, at the Owner's sole expense, of a concrete or brick driveway from the street to the garage. However, this requirement may be extended by the ARB for a period not to exceed one hundred twenty (120) days in the event such building shall be ready for occupancy during a time when inclement weather or labor strike shall prevent the construction and 12 installation of such driveway. No driveway, sidewalk, walkway, private road or drive shall be constructed or allowed to exist on any Lot in the Development unless it shall be surfaced with concrete; provided however, that slabs of stone, exposed aggregate concrete or like materials may be used only upon the express written consent of the ARB. Section 11. Exterior Color Plan. The ARB shall have final approval of all exterior color plans and each Owner must submit to the ARB a color plan showing the color of the roof, exterior walls, shutters, trim, etc. The ARB shall consider the extent to which the color plan is consistent with the homes in the surrounding areas and the extent to which the color plan conforms with the natural color scheme of an for Lighthouse Pointe. Section 12. Roofs. Flat roofs shall not be permitted. No built -up roofs shall be permitted. The composition of all pitched roofs shall be cedar shake shingle or other composition approved by the ARB. Section 13. Dwelling Quality. The ARB shall have final approval of all exterior building materials. Concrete blocks shall not be permitted on the exterior of any building. The ARE shall discourage the use of imitation material for facades and encourage the use of materials such as brick, stone, wood, and stucco or a combination of the foregoing. The entire building facade shall be approved brick or stone construction. Section 14. Games and Play Structures. All basketball backboards and any other fixed games and play structures shall be located behind the front of the dwelling. No platform, dog house, playhouse, or structure of a similar kind or nature shall be constructed on any part of a Lot located in front of the rear line of the residence constructed thereof and any such structure must have prior approval of the ARB. Section 15. Sight Distance at Intersection. No fence, wall, hedge or shrub planting which obstructs sight lines and elevations between two (2) and six (6) feet above the roadways shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line connecting them at points twenty -five (25) feet from the intersection of the street lines, or in case of a rounded property comer, from the intersection of a street property line with the edge of a driveway or alley pavement. No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. Section 16. Lawn and Landscaping. Within ninety (90) days after a residence is occupied or within such additional time as the ARB may allow due to seasonal requirements, the Owner shall establish a lawn and complete the landscaping plan which shall be approved by the ARB. Section 17. Curbside Mailboxes. A standardized style shall be established by the ARB in order to maintain the character of the community. 13 Section 18. Weed Cutting and Clean Up. Each Lot shall at all times be kept in a clean and sightly condition at all times, including periods of construction. No trash, litter, junk, boxes, containers, bottles, or cans shall be permitted to collect or remain exposed on any Lot, except as necessary during the period of construction. In the event that any Owner shall fail to keep his Lot free of weeds, underbrush, refuse piles or other unsightly growths or objects, then the ARB or Association may enter upon said Lot and remove the same at the expense of the Owner and such entry shall not be deemed a trespass. Section 19. Artificial Vegetation. No artificial grass, plants or other artificial vegetation shall be placed or maintained upon the exterior portion of any Lot, unless approved by the ARB. Section 20. Clothes Drying Area. No portion of any Lot or Common Area shall be used as a drying or hanging area for laundry of any kind. It is the intention hereof that all such facilities shall be provided within the building to be constructed on the Lot. Section 21. Rubbish, trash and Garbage. No rubbish, trash, garbage or other waste materials shall be kept or permitted on any Lot or on the Common Area, except in enclosed containers provided by the Trash Hauler, located in appropriate areas concealed from public view and trash receptacles shall not be placed at curbside for pickup more than twelve (12) hours prior to pickup. Section 22. Hedges and Walls. No hedge, wall or other dividing instrumentality over five(5) feet high in height; measured from the ground on which it stands, shall be constructed or maintained on any Lot unless approved by the ARB. Section 23. Nuisances. Nothing shall be done or maintained on any Lot or on the Common Area which may be or become a nuisance to the Development. In the event of a dispute or question as to what may be or become a nuisance, such dispute or question shall be submitted to the Association, which shall render a decision in writing, which decision shall be dispositive of such dispute or question. Section 24. Window Air Conditioning Units. No window air conditioning units shall be permitted. Section 25. Swimming Pools and Tennis Courts. Any swimming pool or tennis court to be constructed on any Lot shall be subject to the requirements of the ARB, which include, but are not limited to, the following: A. Composition to be of material thoroughly tested and accepted by the industry for such construction. B. The outside edge of any pool wall may not be closer than four (4) feet to a line extended and aligned with the side walls of the dwelling; C. No screening of pool area may stand beyond a line extended and aligned with the sidewalls of the dwelling unless approved by the ARB; 14 D. Pool may not be visible from the street in front of the dwelling; E. Location and construction of tennis and badminton courts must be approved by the ARB; and F. Any lighting of a pool or other recreation area shall be designed so as to buffer the surrounding residences from the lighting. Section 26. Completion of Construction. The work of constructing, altering or remodeling any building on any said Lot shall be performed diligently from its commencement until the completion thereof. Unless otherwise specifically authorized in writing by the ARB, the complete exterior structure or shell, not including finished exterior wall materials, (e.g. brick, stone or other approved material), must be completed and erected and constructed within one hundred twenty (120) days after the date construction of any residence shall have been commenced. The completed shell (including the roof and all exterior walls) covering on every building or residence commenced to be constructed in the Development shall be completed within six (6) months after the date of commencement of such building. The effect of this provision shall be to require that on the exterior and from neighboring lots each residence shall appear completed within said six (6) months. Section 27. Antennae, Towers, Satellite Dishes. No antennae, towers or satellite dishes over 18" diameter shall be allowed. ARTICLE VII AMENDMENTS Section 1. Special Amendments. Developer or Declarant reserves the right and power to record a special amendment ( "Special Amendment ") to this Declaration and By -Laws at any time and from time to time which amends this Declaration and By -Laws, (a) to comply with requirements of Fannie Mae, 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 Veterans 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, (b) to induce any of such agencies or entities to make, purchase, sell, insure, or guarantee first mortgages covering Unit Ownerships, (c) to bring this Declaration and By -Laws into compliance with local, state, or federal laws or regulations, or (d) to correct ambiguities, omissions, inconsistencies or clerical and typographical errors in this Declaration, By -Laws, or any Exhibit hereto or any supplement or amendment thereto. In addition, a Special Amendment shall also be deemed to include, until the Turnover Date, such amendment to this Declaration and By -Laws as Declarant elects to record at any time and from time to time for any other purpose, so long as such amendment will not materially impair the rights of the Owners. In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to the Developer, Declarant and the Board to vote in favor of, make, or consent to a Special Amendment on behalf of each Owner as proxy or 15 attorney -in -fact, as the case may be. Such power shall be irrevocable. Each deed, mortgage, trust deed, other evidence of obligation, or other instrument affecting a Lot and the acceptance thereof shall be deemed to be a grant and acknowledgment of, and a consent to the reservation of, the power to the Developer, Declarant, and the Board to vote in favor of, make, execute and/or Record Special Amendments. The right of the Developer and/or Declarant to act pursuant to rights reserved or granted under this Section shall terminate at such time as the Declarant or Developer no longer holds or controls title to a portion of the Property. Section 2. Amendment by Owners. Subject to the provisions of Section 1, the provisions of this Declaration and By -Laws may be amended, modified, enlarged or otherwise changed in whole or in part and by affirmative vote of Voting Members (either in person or by proxy) for Lot Ownerships representing at least seventy-five percent (75 %) of the Lot Owners or by an instrument executed by Owners of Lot Ownerships representing at least seventy five percent (75 %) of the Lot Owners, except that (a) the provisions relating to the rights of Declarant or Developer may be amended only with the written consent of the Developer and (b) and the provisions of this Article may be amended only with the written consent of all Owners. No amendment shall become effective until approved in writing and Recorded. Section 3. Right to Amend Plat. When the Plat attached hereto as Exhibit A was prepared, additional improvements to be made to the Property may not have been wholly completed, may have been marked proposed or not included on the Plat. Owner hereby reserves to itself, and its successors and assigns, the right to record amendments to this Declaration for the purpose of attaching a revised and updated Plat as an amended Exhibit A, which Plat shall show the locations and dimensions of all improvements located upon the Property at such time as development is substantially completed. Whenever in this Declaration the term Plat or Exhibit A appears, it shall be deemed to include such amended Plat or revised Exhibit A as may be hereafter recorded pursuant to this Section. Any required amendment to this Declaration shall become effective upon recording in the office of the Recorder of Deeds for Cook County, Illinois. ARTICLE VIII DEVELOPER'S RESERVED RIGHTS Section 1. In General. In addition to any rights or powers reserved or granted to the Declarant under this Declaration or the By -Laws, the Declarant shall have the rights and powers set forth in this Article. Except as otherwise provided in this Article, Developer's rights under this Article shall terminate at such time as the Declarant or the Developer is no longer vested with or no longer controls title to a portion of a Dwelling unit. Section 2. Promotional Efforcts. Declarant shall have the right, in its discretion, (a) to maintain on the Walus Subdivision sales, leasing, and management offices, displays, signs and other forms of advertising and model dwelling units, and (b) to come upon any portion of the Real Estate for the purpose of showing the Lots to prospective purchasers or at other locations in the general area which are being 16 offered for sale by Declarant or any of its affiliates, all without the payment of any fee or charge whatsoever, other than the assessments payable by the Declarant with respect to Lots owned by the Declarant. The Declarant shall have the power and right to sell and convey any Lot owned by the Declarant to any person or entity which it deems appropriate in its sole discretion. Section 3. Right to Grant and Allow Dedications and Grant Utility Easements Rights Reserved by Developer. A. Dedication Rights Reserved: Declarant hereby reserves the right at its sole discretion to dedicate or grant easement with respect to portions of the Real Estate to any public agent, governmental authority or quasi- public utility for any purposes deemed appropriate by Developer in its sole absolute discretion, including, without limitation, to install or maintain utility lines or obtain easements for ingress and egress. Such right to make such dedications or grant such easements shall not require the consent, approval or signature of either the Board or any Unit Owner or mortgagee, and such dedication or conveyance shall be considered fully accomplished and conclusively binding upon each of said Unit Owners and upon the Association when set forth in writing and recorded in the office of the Recorder of Deeds of Cook County, Illinois; provided, however, that nothing in this section shall be construed to in any manner require or obligate Declarant to make any such conveyance or grant of easement. In furtherance of the foregoing, an irrevocable power coupled with an interest is hereby granted to the Declarant, and each of them singly, as agent and attorney -in -fact to make such dedications or conveyances or divisions with the Cook County Assessor for real estate taxes. Each deed, mortgage, trust deed or other instrument with respect to a Lot and the acceptance thereof shall be deemed grant and acknowledgment of and consent to such power to each of said attorneys -in -fact and shall be deemed to reserve to each of them the foregoing powers and rights. Each mortgagee of a Lot shall be deemed to consent to and be subordinate to any easement hereafter granted pursuant to the provisions of this Section and also grants such power of attorney to the Developer and the Association necessary to effectuate the foregoing. A power coupled with an interest is hereby reserved and granted to the Develpper to complete and record the aforesaid easements or dedications, or to make any amendment or termination of any easements which have previously been recorded, and to sign, execute and acknowledge any such easements or dedications or any amendments or terminations of any easements, on behalf of each Lot Owner and mortgagee as attorney in fact for such Lot Owner and mortgagee, and to cause the interim Board for the Association, which Board shall have been appointed by the Developer, to execute the same on behalf of the Association as may be required. The sole signature of Developer upon said easements shall be deemed as a good and valid signature and acknowledgement by each Lot Owner and mortgagee hereunder. Each deed, mortgage, trust deed, or other evidence of obligation affecting a Lot and the acceptance thereof shall be deemed to be a grant and acknowledgement of and a covenant and reservation of the power of the Developer as aforesaid. Any such easement or dedication or amendment or termination of easement shall become effective upon recording in the office of the Recorder of Deeds for Cook County, Illinois. Each Lot Owner (on behalf of themselves and as members of the Associations) and their respective mortgages, grantees, heirs, administrators, 17 executors, legal representatives, successors and assigns, by their acceptance of any deed or mortgage or other interest in or with respect to any Lot shall be deemed to have expressly agreed, assented, and consented to each of the provisions of this Declaration, with respect to the recording of the easements or dedications as aforesaid. Section 4. Construction. Developer, its agents and contractors shall have the right to come upon the Real Estate to construct improvements thereon and to make alterations, repairs or improvements to the Real Estate as well as for planning, construction, marketing, leasing and management purposes. Developer shall have the right to store equipment and materials used in connection with such work on the Real Estate or any Lot within the subdivsion without payment of any fee or charge whatsoever. Section 5. Control of Board. Until the initial meeting of the Owners (which shall occur no later than thirty (30) days after the Turnover Date) and the election of the initial Board as provided for in the By -Laws, the rights, titles, powers, privileges, trusts, duties and obligations vested in or imposed upon the Board by this Declaration or the By -Laws shall be held and performed by the Developer. The Developer may hold and perform such rights and obligations through the Board which, prior to the initial meeting, shall consist of three (3) individuals designated by the Developer from time to time. If the initial Board of Directors is not elected by the Owners at the time so established, the Developer or Directors designated by the Developer shall continue in office for a period of thirty (30) days whereupon written notice of resignation shall be sent to all Lot Owners entitled to vote at such election. Prior to the Turnover Date, Developer may appoint from among the Owners three (3) non - voting counselors to Board, who shall serve at the discretion of Developer. Section 6. Contracts. The Owner or Developer shall have the right to enter into contracts on behalf of the Association prior to the date of the first annual meeting subject to the provisions of the Act. ARTICLE IX VILLAGE OF LEMONT RIGHTS Section 1. In General. In addition to any rights, powers or easements granted to the Village of Lemont elsewhere in this Declaration, the Village of Lemont shall have the rights, powers and easements set forth in this Article. Section 2. Easements. The Village of Lemont is hereby granted the right and easement of access over, across and through the Real Estate for any purposes reasonably related to the proper exercise of the rights and powers of the Village, including, without limitation, the right and easement (i) to come upon the Common Elements for the purpose of reading water meters installed by or on behalf of the Village and (ii) to come upon the Property and to install, lay, construct, renew, operate, maintain, repair and replace lines, pipes, pumps and other equipment (including both the Common Areas and Lots) for the purpose of providing water, storm sewer and sanitary sewer services and storm water detention areas, if any, or any part of parts thereof and to adjacent property. 18 Section 3. Parking Regulations. The Village of Lemont shall have the right and power to pass ordinances regulating traffic flow, fire lanes and "no parking" areas with respect to the Common Elements. The Village shall have the right and power to issue citations to persons violating any such ordinances and /or to cause violating automobiles to be removed from the Real Estate in the event of a parking violation. ARTICLE X DISPUTE RESOLUTION Section 1. Consensus for Action by the Association. (a) Except as provided in this Section, the Association may not commence a legal proceeding or an action under this Article without the affirmative vote of at least seventy-five percent (75 %) of the Voting Members. Voting Members representing Lots owned by persons other than the Voting Member shall not vote in favor of bringing or prosecuting any such proceeding unless authorized to do so by a vote of Owners of two - thirds (2/3) of the total number of Lot Owners represented by the Voting Members. This Section shall not apply, however, to (i) actions brought by the Association to enforce the provision of the Act, this Declaration (including, without limitation, the foreclosure of liens), the By -Laws and reasonable rules and regulations adopted by the Board; (ii) the imposition and collection of Annual Assessments; (iii) proceedings involving challenges to ad valorem taxation; or (iv) counterclaims brought by the Association in proceedings instituted against it. (b) Prior to the Association or any member commencing any proceeding to which Developer is a party, including but not limited to an alleged defect of any improvement, Developer shall have the right to be heard by the members, or the particular member, and to access, inspect, correct the condition of, or redesign any portion of any improvement as to which a defect is alleged or otherwise correct the alleged dispute. Section 2. Alternative Method for Resolving Disputes. Developer, its officers, directors employees and agents; the Association, its officers, directors and committee members; all persons subject to this Declaration; and any Person not otherwise subject to this Declaration who agrees to submit to this Article (each such entity being referred to as a "Bound Party ") agree to encourage the amicable resolution of disputes, without the emotional and financial costs of litigation. Accordingly, each Bound Party covenants and agrees to submit those Claims, grievances or disputes described in Section 4 of this Article. Section 3. Claims. Unless specifically exempted below, all Claims between any of the Bound Parties regardless of how the same might have arisen or on what it might be based including, but not limited to Claims (a) arising out of or relating to the interpretation, application or enforcement of the provision of this Declaration, the By- Laws and reasonable rules and regulations adopted by the Board, (b) relating to the design or construction of improvements; or (c) based upon any statements, 19 representations, promises, warranties, or other communications made by or on behalf of any Bound Party shall be subject to the provisions of Section 4 of this Article. Notwithstanding the above, unless all parties thereto otherwise agree, the following shall not be Claims and shall not be subject to the provisions of Section Section 4 of this Article: (a) any suit by the Association against any Bound Party to enforce the provisions of Article IV; (b) any suit by the Association or Developer to obtain a temporary restraining order or injunction (or equivalent emergency equitable relief) and such other ancillary relief as the court may deem necessary in order to maintain the status quo and preserve the Association's ability to act under and enforce the provisions of Article V and Article VI; (c) any suit between or among Owners, which does not include Developer or the Association as a Party, if such suit asserts a claim which would constitute a cause of action independent of the provisions of this Declaration, the By -Laws and reasonable rules and regulations adopted by the Board; and (d) any suit in which any indispensable party is not a Bound Party. With the consent of all parties hereto, any of the above may be submitted to the alternative dispute resolution procedures set forth in Section 4 of this Article. Section 4. Mandatory Procedures. (a) Notice: Any Bound Party having a Claim ("Claimant") against any other Bound Party ("Respondent") (the Claimant and the Respondent referred to herein being individually, as a "Party," or, collectively, as the "Parties ") shall notify each Respondent in writing (the "Notice "), stating plainly and concisely: (i) the nature of the Claim, including the Persons involved and Respondent's role in the Claim; (ii) the legal basis of the Claim (i.e., the specific authority out of which the Claim arises); (iii) the proposed remedy; and (iv) the fact that Claimant will meet with Respondent to discuss in good faith ways to resolve the Claim. Notice given to Respondent pursuant to this Section shall be deemed sufficient if personally delivered, delivered by commercial messenger service, or mailed by registered or certified mail, postage prepaid, return receipt requested. (b) Negotiation and Mediation: 20 (i) The Parties shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation. If requested in writing, accompanied by a copy of the Notice, the Board may appoint a representative to assist the Parties in negotiation. (ii) If the Parties do not resolve the Claim within ninety (90) days after the date of the Notice (or within such other period as may be agreed upon by the Parties) ( "Termination of Negotiations "), each Party shall have thirty (30) days to submit the Claim mediation. The mediation shall be filed with and administered by the American Arbitration Association ( "AAA ") in accordance with the AAA's Supplemental Rules for residential Construction Mediation Rules in effect on the date of such request shall be utilized. If there are no Supplemental Rules for Residential Construction Mediation Rules currently in effect, then AAA's Construction Industry Mediation Rules in effect on the date of such request shall be utilized. Unless mutually waved by the Parties, submission to mediation is a condition precedent to either Party taking further action with regard to any matter covered under this Section. (iii) If a Claimant does not submit the Claim to mediation within such time, or does not appear for the mediation, Claimant shall be deemed to have waive the Claim, and Respondent shall be released and discharged from any and all liability to Claimant on account of such Claim; provided, nothing herein shall release or discharged Respondent from any liability to any Person other than the Claimant. (c) Binding Arbitration: (i) If the Claim is not fully resolved by mediation, the Claim shall be submitted to binding arbitration and administrated by the AAA in accordance with the AAA's Supplemental Rules for Residential Construction Arbitration Rules in effect on the date of the request. If there are no Supplemental Rules for Residential Construction Arbitration Mediation Rules in effect, than the AAA's Construction Industry Arbitration Rules in effect on the date of such request shall be utilized. Any judgment upon the award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction over such Claim. If the Claim amount exceeds two hundred fifty thousand dollars ($250,000) or includes a demand for punitive damages, the Claim shall be heard and determined by three (3) arbitrators. Otherwise, unless mutually agreed to buy the Parties, there shall be one (1) arbitrator. Arbitrators shall have expertise in the area(s) of dispute, which may include legal expertise if legal issues are involved. All decisions respecting the arbitrability of any Claim shall be decided by the arbitrator(s). At the request of any Party, the award of the arbitrator(s) shall be accompanied by detailed written findings of fact and conclusions of law. Except as may be required by law or for confirmation of an award, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of the Parties. (d) Cost and Expenses: Each Party shall bear its own costs and expenses, including attorneys' fees, for any mediation and arbitration. Notwithstanding 21 the foregoing, if a Party unsuccessfully contests the validity or scope of arbitration in a court of law, the non - contesting Party shall be awarded reasonable attorneys' fees and expenses incurred in defending such contest. In addition, if a Party fails to abide by the terms of a mediation settlement or arbitration award, the other Party shall be awarded reasonable attorney's fees and expenses in enforcing such settlement or award. Section 5. Amendment of Article Without the express prior written consent of Developer, this Article may not be amended for a period of twenty (20) years from the effective date of this Declaration. ARTICLE XI GENERAL PROVISIONS Section 1. Covenants Run with the Land. The Covenants and Restrictions of this Declaration shall run with and bind the property, and shall inure to the benefit of and be enforceable by the Developer, their respective legal representatives, heirs, successors and assigns. Section 2. Remedies for Violation. Violations or breach of any condition, covenant or restriction herein contained shall give the Developer, Association, Owner in addition to all other remedies, the right to proceed at law or in equity to compel a compliance with the terms of said conditions, covenants or restrictions, and to prevent the violation or breach of any of them, and the expense of such litigation shall be borne by the then Owner or Owners of the Subject Property, provided such proceeding results in a finding that such Owner was in violation of said Covenants or Restrictions, Expenses of litigations shall include reasonable attorney's fees incurred by Developer, Association, or Owner in seeking such enforcement. Section 3. Non - Waiver of Covenants. No covenant restriction, condition, obligation or provision contained in this Declaration shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. Section 4. Successors and Assigns. Each grantee of the Declarant, and each subsequent grantee, by the acceptance of a deed of conveyance, and each purchaser under any contract for such deed of conveyance, accepts said deed or contract subject to all restrictions, conditions, covenants, easements, reservations, liens and charges, and the jurisdiction, rights and powers created or reserved by this Declaration and shall be deemed to have agreed to perform all undertakings and to be bound by all agreements and covenants imposed on him by this Declaration. Section 5. Owner's Obligation to Maintain and Repair. Each Owner shall, at his sole cost and expense, maintain and repair his residence and Lot, keeping the same in a condition comparable to the condition of such residence at the time of its initial construction. Section 6. Damage during Construction. Each Owner shall be responsible for any damage to public improvements or damage to Common Areas during the construction of their residence and shall promptly repair at their expense any damage 22 to said public improvements or Common Area. Failure to make repairs upon notice shall constitute authorization for the Association to make said repairs and to lien Owner's Lot for the cost of said repairs. Section 7. Notices. Any notices requiring to be sent to any member or Owner under the provision of this Declaration shall be deemed t have been properly sent when mailed, postage prepaid, to the last known address of the person who appears as member or Owner on the records of the Association at the time of such mailing. Section 8. Severability and Survival. If any term, provision, covenant easement, agreement or condition in this Declaration shall be or be held invalid, whether in general or as to any particular situation or circumstance, the remainder of this Declaration and the applicability to any other situation or circumstance, as the case maybe, shall not be invalidated or terminated thereby, but shall remain in full force and effect to all intents and purposes as though such invalid term, provision, covenant easement, agreement or condition had never been. If any of the covenants or rights created by this Declaration would otherwise violate (a) the rule against perpetuities or some analogous statutory provision, or (b) any other statutory or common law rules imposing time limits, then such provision shall continue only until twenty-one (21) years after the death of the survivor of the now living lawful descendants of the incumbent President of the United States of America as of the date of the recording of this declaration at the Cook County Recorder of Deeds. Section 9. Governing Law. The covenant's shall be deemed to have been executed, delivered and accepted in the State of Illinois and shall be construed pursuant to and in accordance with the laws of the State of Illinois. Section 10. Gender of Terms, Numbers. As used in this Declaration, the masculine shall mean the feminine or neuter and singular shall mean plural where the context requires, to preserve the meaning of the appropriate provision. Section 11. Effective Date. This Declaration shall become effective upon its recordation in the Office of the Recorder of Deeds, Cook County, Illinois. Section 12. Recordation. Any change, modification or rescission accomplished under the provisions of this Declaration shall be effective upon recordation of such instrument in the office of the Recorder of Deeds of Cook County, Illinois. IN WITNESS WHEREOF, the Owner /Developer has caused these presents to be executed this day of , 2007. 23 Attest: Secretary Subscribed and Sworn to before me this day of , 2007. Notary Public 24 Bv: OWNER: Its Duly Authorized Officer DEVELOPER: By: Attest: Secretary Its Duly Authorized Officer Subscribed and Sworn to before me this day of , 2007. Notary Public This document was prepared by: LAW OFFICE OF CHRISTOPHER KOCZWARA 5832 S. Archer Avenue Linder Avenue Suite Chicago, Illinois 60638 EXHIBIT A 25 1 OW :1 MEM INIIIIIMI lEi MEM rf lEi sag [1r aIuI c 1 IOHIlIEINIE IHHHIIIE [1r aIuI c 1 Iu U IEI•UUU nameon IPIutos- ) § . 1 NEL sill muou 1./ '� \�\ , i / % | , `12 | ( ||■ | | DINING wwe 10/110111001.101111M0 ■� . k ., z .," ,rl { :E: 72 § !! !!! :!: - _ 2 \ee |� 9TILATI ra /ewd 2•2y §)� ne ; MECH. } })) ) ) § . 1 NEL sill muou 1./ '� \�\ , i / % | " , r h[ /— o !' «if /� 'FIRST FLOOR PLAN -----1 SECOND FLOOR PLAN /} § z ABING NOTES { ZING INDEX ON ,ROOF PLAN , SITE PLAN ) § . 1 NEL sill muou 1./ '� \�\ , i / % | " , r h[ /— o !' «if • , 1 '4" 011111