O-62-07 08/13/2007VILLAGE OF LEMONT
ORDINANCE NO0 .6a . d7
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION
AGREEMENT FOR 131.14 ACRES LOCATED AT THE SOUTHWEST CORNER OF
PARKER ROAD AND 131ST STREET
(Glen Oak Estates)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 13`" DAY OF AUGUST, 2007
PUBLISHED IN PAMPHLET FORM BY
AUTHORITY OF THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE
OF LEMONT, COOK, WILL AND DUPAGE
COUNTIES, ILLINOIS, THIS 15TH DAY
OF AUGUST, 2007
ORDINANCE NCO' 6,9 07
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION
AGREEMENT FOR 131.14 ACRES LOCATED AT THE SOUTHWEST CORNER OF
PARKER ROAD AND 131ST STREET
(Glen Oak Estates)
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, WILL, AND DuPAGE,
ILLINOIS, on this 13'" day of August, 2007.
DEBBY BLATZER
PETER COULES
CLIFFORD MIKLOS
BRIAN REAVES
RON STAPLETON
JEANNETTE VIRGILIO
AYES NAYS ABSENT ABSTAIN
Approved by me this 13th day of August, 2007
JOHN . PIAZZA, Villag
Attest:
CHARLENE M. SMOLLEN, Village Clerk
7 -9 -07 Revised Draft
VILLAGE OF LEMONT
GLEN OAK ESTATES 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 "' Easements and Utilities
VII Development Codes and Ordinances and General Matters
VIII Approval of Plans
IX Notice of Violations
X Maintenance Bond
XI Damage to Public Improvements
XII Binding Effect and Term and Covenants Running with the
Land
XIII Notices
XIV Certificates of Occupancy
XV Warranties and Representations
XVI Continuity of Obligations
XVII Model Homes/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
EXHIBIT
A
B
C
D
E
F
G
EXHIBITS
TITLE
Legal Description of Territory
Plat of Annexation, prepared by C. M. Lavoie & Associates, with a
date of May 31, 2007
Final Plat of Subdivision, prepared by C. M. Lavoie & Associates,
with a date of August 8, 2007
Land Use Plan, prepared by C. M. Lavoie & Associates, with a
date of August 8, 2007
Final Engineering Plans for Glen Oaks Estates, revised August 8,
2007, including Final Engineering Plans for Parker Road
Improvements, prepared by C. M. Lavoie & Associates
Landscape Plan dated May 31, 2007 prepared by Rolf C. Campbell
& Associates
Covenants, prepared by Montalbano Builders, Inc.
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GLEN OAK ESTATES ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT (hereinafter, "Agreement "), is made and entered
into this 11 th day , 2007, by and between the VILLAGE OF LEMONT, a
municipal corporation in the Counties of Cook, DuPage and Will, in the State of Illinois
(hereinafter referred to "VILLAGE ") and MONTALBANO BUILDERS, INC. (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,
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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 PUD, Single - Family Detached
Residence District with a special use for a Planned Unit Development. 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 PUD,
Single- Family Detached Residence District with a special use for a Planned Unit Development
once the TERRITORY is annexed to the VILLAGE.
2. Deviations. The ordinance granting such zoning classification shall also grant a
deviation from the Lemont Zoning Ordinance requiring 15 foot side yard setbacks and shall
allow a 10 foot side yard setback where a side load garage has been constructed as long as a total
30 foot distance is maintained between the structures on the adjoining lots. In cases where a ten
foot side yard setback is exercised on one side, the opposite side will have a twenty foot side
yard setback.
3. Final Engineering and Exhibits. The TERRITORY shall be developed substantially in
accordance with the:
1. Final Plat of Subdivision, prepared by C.M. Lavoie & Associates, with a date of
May 16, 2007, incorporated herein as Exhibit C.
2. Land Use Plan, prepared by C.M. Lavoie & Associates, with a date of May 16,
2007, incorporated herein as Exhibit D.
3. Engineering Plans, prepared by C.M. Lavoie & Associates, with a revision date of
June 22, 2007, incorporated herein as Exhibit E, with any future revisions as
required by the Village Engineer.
4. Landscape Plan dated May 31, 2007, prepared by Rolf C. Campbell & Associates,
Inc., incorporated herein as Exhibit F, with any future revisions as required by
the VILLAGE.
5. Covenants, prepared by Montalbano Builders, Inc., incorporated herein as
Exhibit G.
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.
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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.
7. Village Assistance. Upon approval of this Agreement, the Village agrees to execute
any and all MWRD Permits and to seek the approval of other governmental agencies including
but not limited to, adjoining municipalities to allow connection to its existing storm sewer
system.
8. Option. At Owner's sole discretion, Owner may develop the TERRITORY as a gated
subdivision with entrance gates and /or guard houses at the 131'` Street and Parker Road
entrances, and with the interior streets to be private streets maintained by the homeowners
association. If Owner elects to so develop the TERRITORY, such election must be made and
indicated on the initial Final Plat of Subdivision that is recorded, and the obligations for
maintenance of the private streets, entrance gates or guard houses by the homeowner's
association shall be set forth in the covenants which are recorded for 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
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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. Recapture Fee. OWNER acknowledges the existence of a sewer and water recapture
ordinance and agrees that no connection to the Village sewer or water system will be allowed
until payment is made as required by said Ordinance. The VILLAGE represents that it has the
capacity in its water supply and sewer system and that said system is operational. The
VILLAGE further represents that it has adequate capacity in said system and shall maintain said
capacity for the development of the TERRITORY. If OWNER pays or reimburses Homewerks
Lemont, LLC in excess of the amount due under the Recapture Ordinance (Ordinance # 0- 76 -06)
by court order or by settlement, the VILLAGE shall allow OWNER recapture rights as to such
amount. Recapture payments shall be made at the time of VILLAGE approval of each final plat
for recording, the amount of the payment shall be based upon the number of lots in each final
plat phase.
4. Detention Area. The DEVELOPER agrees to construct detention basins in accordance
with VILLAGE standards (except as provided on approved engineering plans) including the
requirement to sod the detention basin which is to be conveyed and owned by a Homeowners
Association to be created by the DEVELOPER. OWNER shall provide Title Insurance in the
amount of the current market value, pay all real estate taxes, and provide a sufficient credit to
pay the taxes on the detention areas until the detention area has been conveyed and accepted by
the Homeowners Association.
5. Dormant Special Service Area. The OWNER, DEVELOPER, their successors and
assigns, and Homeowners Association, shall at all times maintain the detention areas, common
areas, and any other areas under the control of the Homeowners Association in a neat and
orderly manner in accordance with the applicable ordinances, resolutions, codes, rules,
regulations, guidelines, and procedures adopted by the VILLAGE OF LEMONT from time to
time. The OWNERS, DEVELOPER, their successors and assigns, including Homeowners
Association, shall not object to, and shall agree to fully cooperate with the VILLAGE in
establishing and utilizing a Special Service Area ( "SSA ") for any of the TERRITORY as to a
back -up mechanism for the care and maintenance of any and all common areas of the
subdivision and /or DEVELOPER shall develop through a Declaration of Covenants on the
TERRITORY, a Homeowners Association which the VILLAGE may require approval prior to
approval of the Final Plat of Subdivision for any of the TERRITORY. The Homeowners
Association shall have the primary responsibility providing for the regular care, common
maintenance, common renewal and replacement of all common areas so as to keep the same in
clean, sightly and first -class condition as determined by the VILLAGE.
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In the event the VILLAGE utilizes the SSA to conduct the common area maintenance,
the VILLAGE shall also be entitled to the reimbursement of any and all costs associated in
administering the SSA including but not limited to, any applicable administrative costs, interest,
expenses, and attorney's fees. Notwithstanding the foregoing, the special tax roll shall not be
levied hereunder, and the SSA shall be "dormant ", and shall take effect if the VILLAGE finds
that the Homeowners Association has failed to conduct any and all of the common area
maintenance, as determined by the VILLAGE.
6. Park Site Provision. OWNER shall donate to the Lemont Park District the park site
shown on the Plat of Subdivision in Exhibit C, which is identified as Lot 257 and is
approximately 6_9 acres. OWNER shall also construct park improvements on the park site, as
agreed to between OWNER and the Lemont Park District, the cost of which park improvements
to be built by OWNER shall not exceed $295,500.0.0 (this amount being the remaining cash
donation due after crediting OWNER for the value of the park site land donation). Such park
site donation and construction of park improvements shall fully satisfy OWNER'S Park Impact
Fee. OWNER shall donate the park site and construct the park improvements as part of the first
phase of the development, so long as the Lemont Park District has completed the design and
specifications of the park improvements and provided such to OWNER.
7. Parker Road. OWNER will dedicate a right -of way for Parker Road 50 feet from the
center of right -of -way and shall improve said roadway to VILLAGE Collector Streets Standards.
In the event the OWNER does not dedicate the property as herein required and/or complete the
aforementioned improvements so required, then, in that event, the VILLAGE may deny /rescind
any building permit, Final Plat Approval, and any other permit applicable to any portion of the
TERRITORY. The Village has or will obtain any additional right -of -way necessary to improve
said roadway to Collector Streets Standards. VILLAGE will enact a Recapture Ordinance to
collect the proportionate share of the cost of the Parker Road improvements from the property
owner adjacent to the east side of Parker Road.
IV
DEDICATION AND CONSTRUCTION OF STREETS, SIDEWALKS,
MISCELLANEOUS
1. Streets. OWNER shall construct at its expense all public streets as shown on the Site
Plan 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
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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 Parker Road and Derby Road.
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. A Parkway Tree Plan and
data sheet shall be included as part of the final Landscaping Plan, attached hereto as Exhibit F.
This plan shall specify the number of street trees and the type of street trees assigned to each lot.
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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 - Refer to Section III (6) of this Agreement;
• Lemont - Bromberek School District 113A - OWNER shall pay $632,220.55 for the
benefit of Lemont - Bromberek School District 113A. If the TERRITORY is developed in
phases, the donation shall be paid on a pro -rata basis based upon the number of lots in the
phase for which the Final Plat is being recorded.
• Lemont Township High School District 210 - OWNER shall pay $316,000 for the
benefit of Lemont Township High School District 210. If the TERRITORY is developed
in phases, the donation shall be paid on a pro -rata basis based upon the number of lots in
the phase for which the Final Plat is being recorded.
• Lemont Fire Protection District - OWNER shall pay $74,500.00 if dwelling units are
unsprinkled, or $25,000.00 if the dwelling units are sprinkled for the benefit of Lemont
Fire Protection District. If the TERRITORY is developed in phases, the donation shall
be paid on a pro -rata basis based upon the number of lots in the phase for which the Final
Plat is being recorded.
• Lemont Library District - OWNER shall pay $40,453.22 for the benefit of Lemont
Public Library District. If the TERRITORY is developed in phases, the donation shall be
paid on a pro -rata basis based upon the number of lots in the phase for which the Final
Plat is being recorded.
• Public Safety Impact Fee - OWNER shall pay 1,000.00 per lot to the. VILLAGE for a
Public Safety Impact Fee. The total fee for all 250 lots shall be paid on a prorata basis at
the time of the recording of each final plat of subdivision for each phase.
• Annexation Fee - OWNER shall pay $62,500.00 to the VILLAGE for Annexation Fees.
The total fee for all 250 lots 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.
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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.
2. Development Phases. The VILLAGE shall allow the DEVELOPER to develop the
subject TERRITORY in three (3) separate phases as long as mass grading, connecting storm
sewer system, detention facilities, and other drainage facilities are all in place at the time of
the first phase. Any impact fees, contributions, and securities shall be paid prior to recording
Final Plat of Subdivision for each individual Phase, except that Park District donations,
improvements and contributions as well as storm sewer system for the subdivision, walking
paths, including but not limited to Parker Road, shall be provided for in the First Phase and
adequate security posted for such improvements. By execution of this Agreement, the
Village is approving the Final Plat for the entire TERRITORY although final plats may be
recorded in three phases without further action by the Village Board provided developer
complies with all ordinances and terms of this Agreement. The requirement under Section
XVI (E)(2)(b) of the Village Zoning Ordinance to record a final plat of subdivision within 60
days shall not commence running until after each individual final plat is approved by the
VILLAGE for recording.
3. Closing of Final Plats by Escrow. If requested by OWNER, VILLAGE and OWNER
shall provide for an escrow for recording of final plats, whereby OWNER [or Owner's
contract purchaser] shall deposit the security for, impact fees, and other necessary items for
recording of a Final Plat of Subdivision, and the VILLAGE shall execute and deposit into
escrow, the Final Plat of Subdivision the items shall be released by the Escrowee, and the
Final Plat of Subdivision shall be promptly recorded. No escrow deposits shall be held in
excess of 21 days and any costs including attorneys' fees shall be paid by the party
requesting the escrow.
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, whish 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, bot on site and off site, necessary to serve the
TERRITORY.
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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
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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. Morever, 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
11
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.
12
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
Montalbano Builders, Inc.
1801 Meyers Road, Suite 500
Oakbrook Terrace, IL 60181
Attn: Anthony Montalbano
CC: Michael McGurn,
General Counsel (same address)
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.
13
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
thisAgreement and the attached Exhibits and that said legal description is accurate and
correct.
5. Montalbano Homes or any of their related companies will not construct single family
homes within the TERRITORY.
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.
14
XVII
MODEL HOMES/ENTRANCE SIGN
1. Model Homes. The OWNER/DEVELOPER may obtain building permits for no
more than eight (8) model homes to be constructed which shall at a minimum, be accessible to a
gravel roadway base sufficient to allow fire and police protection. No occupancy permits shall
be granted for any model homes until water and sewer connections have been made and roads
have been improved with a binder course. This Article shall not limit the number of model
huines after subdivision improvements have been installed (ie. sewer, water, detention, binder
course on the streets). OWNER/DEVELOPER may use model homes for a sales office for the
sale of lots or homes within the TERRITORY.
2. Subdivision Entrance Signs. The subdivision entrance signs shall be constructed of a
stone material approved by the Village Board and located in an area that is in an easement and
shall provide for perpetual care, maintenance and restoration by the Homeowners Association.
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.
The OWNER shall have the right to install a temporary sales trailer for use as a lot sales
office on the Property. The trailer shall be installed on a hard surface pavement, and shall have
hard surface pavement access and parking. The sales trailer shall be removed when all lots in
the subdivision have been sold. OWNER shall install and operate the sales trailer in compliance
with applicable Village ordinances. The sales trailer may be installed upon the property prior to
the recording of the initial final plat.
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
15
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.
X X I
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.
XXII
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.
16
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.
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
17
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.
XXX
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.
XXXI
EXECUTION OF AGREEMENT
This Agreement shall be signed last by the VILLAGE and the President of the VILLAGE
shall affix the date on which he signs this Agreement on page 1 hereof which date shall be the
effective date of this Agreement.
18
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the
day and year first above written.
ATTEST:
Village Clerk
VILLAGE OF LEMONT
an Illinois Municipal Corporation
By:
s
illage Presiden
OWNER:
By:
ValerieSmith \MyDocuments\ Village\ GlenOakEstatesAnnexationAgreement - Draft 5 -7 -07
19
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.
IVEN under my hand and official seal, this i day of
My comm
Nota
lic
res
STATE OF ILLINOIS)
) SS.
COUNTY OF COOK)
OFFICIAL SEAL
ROSEMAY YATES
MY COMMISSION 6XPIRSS 8.13-2008
,20
2007.
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY
CERTIFY that .4'v' ovikA y) Vtlifyly1.0 appeared before me this day in
person and acknowledged that)e signed and delivered the said instrument as his own free and
ary act for the uses and purposes therein set forth.
d r my ),and and official seal, this
otary Public
My commission expires
bi
20
day of
,20 a8.
EXHIBIT A
Legal Description of TERRITORY:
Parcel 1: THE SOUTH'/: OF THE SOUTHEAST 1/4 AND THE EAST FIVE ACRES OF
THE SOUTH 1/4 OF THE SOUTHWEST'' /4 OF SECTION 34, TOWNSHIP 37 NORTH, RANGE
11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
Parcel 2: THAT PART OF THE SOUTHEAST 1/4 OF THE SOUTHWEST'' /4 OF
SECTION 34 AFORESAID, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHEAST CORNER THEREOF; THENCE SOUTH, 10.02 -1/2 CHAINS; THENCE WEST,
6.43 CHAINS, MORE OR LESS TO AN OLD ROAD, THENCE NORTH 17 DEGREES, 30
MINUTES EAST, 10.57 CHAINS; THENCE EAST, 3.28 CHAINS, MORE OR LESS, TO THE
POINT OF BEGINNING, ALL IN TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
Parcel 3: LOT 1 OF THE EAST 1/2 OF LOTS 6 AND 7 IN COUNTY CLERK'S
DIVISION OF THE SOUTH 1/2 OF SECTION 34, TOWNSHIP 37 NORTH, RANGE 11, EAST OF
THE THIRD PRINCIPALMERIDIAN, EXCEPT OF FIVE ACRES OF LAND DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 'A;
THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SOUTHEAST 1/4, A DISTANCE
OF 425.0 FEET FOR A POINT OF BEGINNING, THENCE WESTERLY AND PARALLEL TO
THE NORTH LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 633.14 FEET; THENCE
SOUTHERLY AND PARALLEL TO THE EAST LINE OF SAID SOUTHEAST 1/4, A DISTANCE
OF 344.0 FEET; THENCE EASTERLY AND PARALLEL TO THE NORTH LINE OF SAID
SOUTHEAST 1/4, A DISTANCE OF 633.14 FEET TO A POINTIN THE EAST LINE OF SAID
OF SOUTEAST 1/4; THENCE NORTHERLY ALONG THE EAST LINE OF SAID SOUTHEAST
'/4, A DISTANCE OF 344 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY
ILLINOIS.
Parcel 4: THAT PART OF LOTS 1 AND 6 IN COUNTY CLERK'S DIVISION OF THE
SOUTH 1/2 OF SECTION 34 TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST
CORNER OF THE SOUTHEAST 'A OF SAID SECTION 34; THENCE SOUTHERLY ALONG
THE EAST LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 425.0 FEET TO A POINT FOR
THE POINT OF BEGINNING; THENCE WESTERLY AND PARALLEL TO THE NORTH
LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 633.14 FEET; THENCE SOUTHERLY AND
PARALLEL TO THE EAST LINE OF SAID SOUTHEAST'' /4, A DISTANCE OF 344.0 FEET;
THENCE EASTERLY AND PARALLEL TO THE NORTH LINE OF SAID SOUTHEAST 1/4, A
DISTANCE OF 633.14 FEET TO A POINT IN THE EAST LINE OF SAID SOUTHEAST'' /4;
THENCE NORTHERLY ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 A DISTANCE
OF 344.0 FEET TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS.
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a
EXHIBIT "E"
Final Engineering Calculations
FOR
GLEN OAK ESTATES
SWC OF PARKER ROAD AND 131ST STREET
LEMONT, ILLINOIS
PREPARED BY:
C.M. Lavoie & Associates, Inc.
1050 West Route 126
Plainfield, IL 60544
(815) 254-0505 T
(815) 436 -5158 F
cJ•
PREPARED FOR:
Montalbano Homes, Inc.
Oak Brook Terrace Corporate Center II
1801 S. Meyers Road, Suite 500
Oakbrook Terrace, IL 60181
(630) 613 -2700 T
(630) 613 -2824 F
August 8, 2007
I, Michael D. Cook, a registered Professional
Engineer in the State of Illinois, hereby certify ,t.h°i�s
Hydrologic and Hydraulic Analysis 1Sti5�tGNpp�d
under my +. orQd d !,
••...... i.�
vt #
v t
I ino s Professional F.h rte
°� a 200 2
JJJJJJ''
o • 5
CML JOBS 06 -225
Do Not Duplicate
C. M. Lavoie and Associates, Inc.
Consulting Civil Engineering, Land Planning, & Surveying
Glen Oak Estates, 06 -225
Stormwater Management Report
Lemont, IL
TABLE OF CONTENTS
APPENDIX 1
Depressional Storage Calculations from Pond Pack 10.0 (4/9/07)
APPENDIX 2
Detention Calculations — Lemont Standards
APPENDIX 3
Detention Calculations — MWRD Standards
APPENDIX 4
Storm Sewer Calculations — Subareas 1, 2, 3, 4 and Parker Road
Page 2 of 54
3
15
24
35
C.M. Lavoie & Associates, Inc. Consulting Engineering, Land Nanning, & Surveying
November 15, 2006
Olen Oak Estates, 06 -225
Stormwater Management Report
Lemont, IL
APPENDIX 1
Depressional Storage Calculations from Pond Pack 10.0 (4/9/07)
Page 3 of 54
C.M. Lavoie & Associates, Inc. Consulting Engineering, Land Planning, & Surveying
November 15, 2006
Type.... Master Network Summary Page 1.01
Name.... Watershed
File.... K: \CML Data \CML Pondpack Projects \06 - 225 - 040907 - Existing Conditions.ppw
MASTER NETWORK SUMMARY
SCS Unit Hydrograph Method
( *Node= Outfall; +Node = Diversion;)
(Trun= HYG Truncation: Blank =None; L =Left; R =Rt; LR= Left &Rt)
Max
Return HYG Vol Qpeak Qpeak Max WSEL Pond Storage
Node ID Type Event ac -ft Trun hrs cfs ft ac -ft
J 60 JCT 100 15.501 15.5000 30.10
J 70 JCT 100 3.790 15.5000 6.82
JUNC 10 JCT 100 4.230 15.7500 10.53
*OUT A -2 JCT 100 15.501 15.5000 30.10
*OUT B JCT 100 2.849 15.5000 4.95
*OUT C JCT 100 6.160 15.5000 10.67
*OUT D JCT 100 2.890 15.5000 5.02
*OUT E JCT 100 4.127 15.5000 7.17
*OUT F -3 JCT 100 4.230 15.7500 10.53
*OUT G JCT 100 4.218 15.5000 7.34
*OUT H -2 JCT 100 3.790 15.5000 6.82
*OUT I JCT 100 .868 15.5000 1.51
*OUT J JCT 100 .815 15.5000 1.42
SUBAREA A -1 -A AREA 100 3.569 15.5000 6.22
SUBAREA A -1 -B AREA 100 3.136 15.5000 5.47
SUBAREA A -2 AREA 100 3.573 15.5000 6.21
SUBAREA A -3 AREA 100 7.146 15.5000 12.27
SUBAREA B AREA 100 2.849 15.5000 4.95
S /N: Bentley Systems, Inc.
Bentley PondPack (10.00.023.00) 5:32 PM 4/9/2007
Type.... Master Network Summary Page 1.02
Name.... Watershed
File.... K: \CML Data \CML Pondpack Projects \06 - 225- 040907 - Existing Conditions.ppw
MASTER NETWORK SUMMARY
SCS Unit Hydrograph Method
( *Node= Outfall; +Node = Diversion;)
(Trun= HYG Truncation: Blank =None; L =Left; R =Rt; LR= Left &Rt)
Max
Return HYG Vol Qpeak Qpeak Max WSEL Pond Storage
Node ID Type Event ac -ft Trun hrs cfs ft ac -ft
SUBAREA C AREA 100 6.160 15.5000 10.67
SUBAREA D AREA 100 2.890 15.5000 5.02
SUBAREA E AREA 100 4.127 15.5000 7.17
SUBAREA F -1 AREA 100 3.156 15.5000 5.47
SUBAREA F -2 AREA 100 2.162 15.5000 3.76
SUBAREA F -3 AREA 100 1.024 15.5000 1.78
SUBAREA G AREA 100 4.218 15.5000 7.34
SUBAREA H -1 AREA 100 2.754 15.5000 4.83
SUBAREA H -2 AREA 100 1.156 15.5000 2.02
SUBAREA I AREA 100 .868 15.5000 1.51
SUBAREA J AREA 100 .815 15.5000 1.42
S /N: Bentley Systems, Inc.
Bentley PondPack (10.00.023.00) 5:32 PM 4/9/2007
Type.... Master Network Summary Page 1.03
Name.... Watershed
File.... K: \CML Data \CML Pondpack Projects \06 - 225 - 040907 - Existing Conditions.ppw
LEVEL POOL ROUTING SUMMARY
HYG Dir = K: \CML Data \CML Pondpack Projects\
Inflow HYG file = NONE STORED - DEPRESS A -1 -AIN 100 -24
Outflow HYG file = NONE STORED - DEPRESS A -1 -ROUT 100 -24
Pond Node Data = DEPRESS A -1 -A
Pond Volume Data = DEPRESS A -1 -A
Pond Outlet Data = RESTRICTOR A -1 -A
No Infiltration
INITIAL CONDITIONS
Starting WS Elev = 704.00 ft
Starting Volume = .000 ac -ft
Starting Outflow = .00 cfs
Starting Infiltr. = .00 cfs
Starting Total Qout= .00 cfs
Time Increment = .2500 hrs
INFLOW /OUTFLOW HYDROGRAPH SUMMARY
Peak Inflow = 6.22 cfs at 15.5000 hrs
Peak Outflow = 6.21 cfs at 15.5000 hrs
Peak Elevation = 705.03 ft
Peak Storage = .196 ac -ft
MASS BALANCE (ac -ft)
+ Initial Vol =
+ HYG Vol IN =
- Infiltration =
- HYG Vol OUT =
- Retained Vol =
.000
3.569
.000
3.389
.180
Unrouted Vol = .000 ac -ft (.000% of Inflow Volume)
S /N:
Bentley PondPack (10.00.023.00)
Bentley Systems, Inc.
5:32 PM 4/9/2007
Type.... Pond Routing Summary Page 2.01
Name.... DEPRESS A -1 -AOUT Tag: 100 -24 Event: 100 yr
File.... K: \CML Data \CML Pondpack Projects \06 - 225- 040907 - Existing Conditions.ppw
Storm... 3RD Q - 18/24 HR Tag: 100 -24
HYG Dir =
Inflow HYG file =
Outflow HYG file =
Pond Node Data =
Pond Volume Data =
Pond Outlet Data =
No Infiltration
INITIAL CONDITIONS
LEVEL POOL ROUTING SUMMARY
K: \CML Data \CML Pondpack Projects\
NONE STORED - DEPRESS A -1 -BIN 100 -24
NONE STORED - DEPRESS A -1 -BOUT 100 -24
DEPRESS A -1 -B
DEPRESS A -1 -B
RESTRICTOR A -1 -B
Starting WS Elev =
Starting Volume =
Starting Outflow =
Starting Infiltr. =
Starting Total Qout=
Time Increment =
699.24 ft
.000 ac -ft
.00 cfs
.00 cfs
.00 cfs
.2500 hrs
INFLOW /OUTFLOW HYDROGRAPH SUMMARY
Peak Inflow
Peak Outflow
• 11.68 cfs
• 11.62 cfs
at 15.5000 hrs
at 15.5000 hrs
Peak Elevation
Peak Storage =
= 701.01 ft
1.875 ac -ft
MASS BALANCE (ac -ft)
+ Initial Vol =
+ HYG Vol IN =
- Infiltration =
- HYG Vol OUT =
- Retained Vol =
.000
6.525
.000
4.782
1.743
Unrouted Vol = -.000 ac -ft (.000% of Inflow Volume)
S /N:
Bentley Systems, Inc.
Bentley PondPack (10.00.023.00) 5:32 PM 4/9/2007
Type.... Pond Routing Summary Page 2.02
Name.... DEPRESS A -1 -BOUT Tag: 100 -24 Event: 100 yr
File.... K: \CML Data \CML Pondpack Projects \06 - 225 - 040907 - Existing Conditions.ppw
Storm... 3RD Q - 18/24 HR Tag: 100 -24
HYG Dir =
Inflow HYG file =
Outflow HYG file =
Pond Node Data =
Pond Volume Data =
Pond Outlet Data =
No Infiltration
INITIAL CONDITIONS
LEVEL POOL ROUTING SUMMARY
K: \CML Data \CML Pondpack Projects\
NONE STORED - DEPRESS F -1 IN 100 -24
NONE STORED - DEPRESS F -1 OUT 100 -24
DEPRESS F -1
DEPRESS F -1
RESTRICTOR F -1
Starting WS Elev =
Starting Volume =
Starting Outflow =
Starting Infiltr. =
Starting Total Qout=
Time Increment =
705.05 ft
.000 ac -ft
.00 cfs
.00 cfs
.00 cfs
.2500 hrs
INFLOW /OUTFLOW HYDROGRAPH SUMMARY
Peak Inflow
Peak Outflow
= 5.47 cfs
= 5.28 cfs
at 15.5000 hrs
at 15.7500 hrs
Peak Elevation = 706.92 ft
Peak Storage =
1.290 ac -ft
MASS BALANCE (ac -ft)
+ Initial Vol =
+ HYG Vol IN =
- Infiltration =
- HYG Vol OUT =
- Retained Vol =
.000
3.156
.000
2.011
1.144
Unrouted Vol = -.000 ac -ft (.002% of Inflow Volume)
S /N:
Bentley PondPack (10.00.023.00)
Bentley Systems, Inc.
5:32 PM 4/9/2007
Type.... Pond Routing Summary Page 2.03
Name.... DEPRESS F -1 OUT Tag: 100 -24 Event: 100 yr
File.... K: \CML Data \CML Pondpack Projects \06 - 225- 040907 - Existing Conditions.ppw
Storm... 3RD Q - 18/24 HR Tag: 100 -24
HYG Dir =
Inflow HYG file =
Outflow HYG file =
Pond Node Data =
Pond Volume Data =
Pond Outlet Data =
No Infiltration
INITIAL CONDITIONS
LEVEL POOL ROUTING SUMMARY
K: \CML Data \CML Pondpack Projects\
NONE STORED - DEPRESS F -2 IN 100 -24
NONE STORED - DEPRESS F -2 OUT 100 -24
DEPRESS F -2
DEPRESS F -2
RESTRICTOR F -2
Starting WS Elev
Starting Volume =
Starting Outflow =
Starting Infiltr. _
Starting Total Qout=
Time Increment =
705.30 ft
.000 ac -ft
.00 cfs
.00 cfs
.00 cfs
.2500 hrs
INFLOW /OUTFLOW HYDROGRAPH SUMMARY
Peak Inflow
Peak Outflow
• 8.90 cfs
• 8.83 cfs
at 15.5000 hrs
at 15.7500 hrs
Peak Elevation = 707.09 ft
Peak Storage =
1.141 ac -ft
MASS BALANCE (ac -ft)
+ Initial Vol = .000
+ HYG Vol IN = 4.173
- Infiltration = .000
- HYG Vol OUT = 3.205
- Retained Vol = .968
Unrouted Vol = .000 ac -ft (.001% of Inflow Volume)
S /N:
Bentley Systems, Inc.
Bentley PondPack (10.00.023.00) 5:32 PM 4/9/2007
Type.... Pond Routing Summary Page 2.04
Name.... DEPRESS F -2 OUT Tag: 100 -24 Event: 100 yr
File.... K: \CML Data \CML Pondpack Projects \06 - 225 - 040907 - Existing Conditions.ppw
HYG Dir =
Inflow HYG file =
Outflow HYG file =
Pond Node Data =
Pond Volume Data =
Pond Outlet Data =
No Infiltration
INITIAL CONDITIONS
LEVEL POOL ROUTING SUMMARY
K: \CML Data \CML Pondpack Projects\
NONE STORED - DEPRESS H -1 IN 100 -24
NONE STORED - DEPRESS H -1 OUT 100 -24
DEPRESS H -1
DEPRESS H -1
RESTRICTOR H -1
Starting WS Elev
Starting Volume =
Starting Outflow =
Starting Infiltr. =
Starting Total Qout=
Time Increment
703.90 ft
.000 ac -ft
.00 cfs
.00 cfs
.00 cfs
.2500 hrs
INFLOW /OUTFLOW HYDROGRAPH SUMMARY
Peak Inflow
Peak Outflow
• 4.83 cfs
• 4.80 cfs
at 15.5000 hrs
at 15.5000 hrs
Peak Elevation
Peak Storage =
= 704.13 ft
.161 ac -ft
MASS BALANCE (ac -ft)
+ Initial Vol =
+ HYG Vol IN =
- Infiltration =
- HYG Vol OUT =
- Retained Vol =
.000
2.754
.000
2.634
.120
Unrouted Vol = -.000 ac -ft (.000% of Inflow Volume)
S /N:
Bentley Systems, Inc.
Bentley PondPack (10.00.023.00) 5:32 PM 4/9/2007
Type.... Pond Routing Summary Page 2.05
Name.... DEPRESS H -1 OUT Tag: 100 -24 Event: 100 yr
File.... K: \CML Data \CML Pondpack Projects \06 - 225- 040907 - Existing Conditions.ppw
W
Watershed... 1.01
S /N:
Bentley Systems, Inc.
Bentley PondPack (10.00.023.00) 5:32 PM 4/9/2007
Glen Oak Estates, 06-225
Stormwater Management Report
Lemont. IL
APPENDIX 2
Detention Calculations — Lemont Standards
Page 15 of 54
C.M. Lavoie & Associates, Inc. Consulting Engineering, Land Planning, & Surveying
November 15, 2006
BULLETIN 70 RAINFALL
VILLAGE OF LEMONT
REVISED SITE PLAN
CALCULATIONS FOR DETENTION FACILITY (SUBAREA #11
(VILLAGE OF LEMONT)
LOCATION
CLIENT:
STORM FREQUENCY
TRIBUTARY AREA
RUNOFF COEFFICIENT
GLEN OAK ESTATES PROJECT NO.: 06 -225
131ST STREET AND PARKER ROAD
LEMONT, ILLINOIS DATE: 8 -Aug -07
PLAN DATE: 15 -Nov -06
Montalbano Builders, Inc. LAST REVISED: 8 -Aug -07
2208 Midwest Road ENGINEER: MDC
Oak Brook, IL 60523
ALLOWABLE RELEASE RATE
DISCHARGE COEFFICIENT
HIGH WATER LEVEL
RESTRICTOR INVERT ELEVATION
Runoff Coefficients Cr
Grass 0.40
Roofs, Asphalt, Concrete 095
Wet Detention 100
TOTALS
REQUIRED STORAGE VOLUME
100 Year (BULLETIN 70 DATA)
74.67 AC
calculations shown below
0= (0.15) *(A)=
(0.15)*(A) ''
0.50
686.50
680.40
Area
50.02
21.80
2.85
74.67
Cr Factor
20 01
20.71
2.85
0.58
STORM RAINFALL RUNOFF RELEASE STORAGE
DURATION INTENSITY QUANTITY RATE (CFS) (ACRE -FT)
(HOURS) (i) Qa =CIA Qr (Qa- Qr)1/12
0.08 10.92 475.76 11.20 3.10
0.17 10.02 436.55 11.20 6.03
0.25 8.20 357.26 11.20 7 21
0.50 5.60 243.98 11.20 9 70
1.00 3.56 155.10 11.20 11.99
2.00 2.24 97.59 1120 14.40
3.00 1.62 7058 11.20 14.84
4.00 1.30 56.64 11.20 15.15
5.00 1.10 47.92 11.20 15.30
6.00 0.97 42.26 11.20 15.53
12.00 0.55 2396 11.20 12.76
18.00 0.39 16.99 11.20 8.69
24 00 0.32 13.94 11.20 5.48
'; tAi, , 125% Maximum Value
BULLETIN 70 RAINFALL
VILLAGE OF LEMONT
REVISED SITE PLAN
CALCULATIONS FOR DETENTION FACILITY (SUBAREA #1)
(VILLAGE OF LEMONT)
LOCATION
CLIENT:
GLEN OAK ESTATES PROJECT NO.: 06 -225
131ST STREET AND PARKER ROAD
LEMONT, ILLINOIS DATE: 8-Aug-07
Montabano Builders, Inc.
2208 Midwest Road
Oak Brook, IL 60523
PROVIDED DETENTION VOLUME
ELEVATION AREA
(FT) (Square Feet)
A1+A2+Sgrt (A1'A2)
(Acres)
0 00
1014
680.50
120850.07
686.50
175334.02
VOLUME _ (113) • (EL2 - Ell) • (Al *A2 +Sort (Al ' A2):
EL1, EL2 = Lower end upper elevations of the increment
Al, A2 = Areas computed for ELI end EL2
Volume = Incremental volume between EL1 and EL2
CALCULATION FOR ORIRCE DISCHARGE
PLAN DATE: 15-Nov-06
LAST REVISED: 8 -Aug -07
ENGINEER: MDC
Discharge Coeffient
HWL
Orifice Invert Elevation
Orifice Diameter (inchesi
Actual Release (cfs)
VOLUME
(AC- FT)
0.00000
20.28232
VOLUME SUM AREA
(AC- FT) (ACRES)
Orfice #1
0.50
686.50
680.40
12.00
7.46
0.00 NWL 2.77
20.28 HWL 4.03
Orifice #2
0.50
686_50
681.80
9.00
SUM=
3.69 11.14
1
1
1 ALLOWABLE RELEASE RATE
1
1
1
1
1
1
1
1
1
1
1
1
1
BULLETIN 70 RAINFALL REVISED SITE PLAN
VILLAGE OF LEMONT
CALCULATIONS FOR DETENTION FACILITY (SUBAREA #2)
(VILLAGE OF LEMONT)
LOCATION
CLIENT:
GLEN OAK ESTATES PROJECT NO.: 06 -225
131ST STREET AND PARKER ROAD
LEMONT, ILLINOIS DATE: 8-Aug -07
PLAN DATE: 15- Nov -06
Montalbano Builders, Inc. LAST REVISED: 8-Aug -07
2208 Midwest Road ENGINEER: MDC
Oak Brook, IL 60523
STORM FREQUENCY 100 Year (BULLETIN 70 DATA)
TRIBUTARY AREA 9.59 AC
RUNOFF COEFFICIENT calculations shown below
DISCHARGE COEFFICIENT
HIGH WATER LEVEL
RESTRICTOR INVERT ELEVATION
Runoff Coefficients Cr
Grass 0.40
Roofs, Asphalt, Concrete 0.95
Wet Detention 1.00
TOTALS
REQUIRED STORAGE VOLUME
Q= (0.15) *(A)=
(015) (A)= ._.'."
0.61
70200
697.89
Area
6.46
2.20
0.93
9.59
Cr Factor
2.58
2.09
0.93
0.58
STORM RAINFALL RUNOFF RELEASE
DURATION INTENSITY QUANTITY RATE (CFS)
(HOURS) (i) Qa =CIA Qr
0.08 10.92 61.20 1 44
0.17 10.02 56.15 1.44
0.25 8.20 45.95 1.44
0.50 5.60 31.38 1.44
1.00 3.56 19.95 1.44
2.00 2.24 12.55 1.44
300 1.62 9.08 1.44
4.00 1.30 7.29 1.44
500 1.10 6.16 1.44
6.00 0_97 5.44 1.44
12.00 0.55 3.08 1.44
18.00 0.39 2.19 1.44
24.00 0.32 1.79 1.44
STORAGE
(ACRE -FT)
(Qa- Qr)t112
0.40
0.78
0.93
1.25
1.54
1.85
1_91
1.95
1.97
2.00
1 64
1.12
071
100 YR DEPRESSIONAL STORAGE A -1-A=
100 YR DEPRESSIONAL STORAGE F -1=
100 YR DEPRESSIONAL STORAGE H -1=
0.2
1.29
0.16
125% Maximum Value
BULLETIN 70 RAINFALL REVISED SITE PLAN
VILLAGE OF LEMONT
CALCULATIONS FOR DETENTION FACILITY (SUBAREA #2)
(VILLAGE OF LEMONT)
LOCATION
CLIENT:
GLEN OAK ESTATES
131ST STREET AND PARKER ROAD
LEMONT, ILLINOIS
Montalbano Builders, Inc.
2208 Midwest Road
Oak Brook, IL 60523
PROVIDED DETENTION VOLUME
ELEVATION
(FT)
AREA
(Square Feet)
698.00
40561.28
70200
55413.62
A1+A2 +Sgrt(A1 *A2)
(Acres)
0.00
3.29
VOLUME _ (1/3) • (EL2 - ELI) ' (M + A2 + Sqrt (A1 . A2))
ELI, EL2 = Lower and upper elevations of the increment
Al, A2 = Areas computed for EL1 and EL2
Volume = Incremental volume between ELI and EL2
CALCULATION FOR ORIFICE DISCHARGE
PROJECT NO
DATE:
PLAN DATE:
LAST REVISED:
ENGINEER:
Discharge Coeffient
HWL
Orifice Invert Elevation
Orifice Diameter (inches)
Actual Release (cfs)
VOLUME
(AC - FT)
0.00000
4.38887
0.61
702.00
697.89
5.20
1.42
06-225
8- Aug -07
15- Nov -06
8-Aug -07
MDC
VOLUME SUM
(AC - FT)
0.00
4.39
NWL
HWL
AREA
(ACRES)
0.93
1.27
BULLETIN 70 RAINFALL REVISED SITE PLAN
VILLAGE OF LEMONT
CALCULATIONS FOR DETENTION FACILITY (SUBAREA #3)
(VILLAGE OF LEMONT)
LOCATION
CLIENT:
STORM FREQUENCY
TRIBUTARY AREA
RUNOFF COEFFICIENT
GLEN OAK ESTATES PROJECT NO.: 06 -225
131ST STREET AND PARKER ROAD
LEMONT ILLINOIS DATE: 8 -Aug -07
PLAN DATE: 15 -Nov -06
Monla8 ano Builders, Inc. LAST REVISED: 8 -Aug -07
2208 Midwest Road ENGINEER: MDC
Oak Brook, IL 60523
100 Year (BULLETIN 70 DATA)
25.91 AC
calculations shown below
ALLOWABLE RELEASE RATE Q= (0.15) *(A)=
DISCHARGE COEFFICIENT
HIGH WATER LEVEL
RESTRICTOR INVERT ELEVATION
Runoff Coefficients Cr
Grass 0.40
Roofs, Asphalt, Concrete 0.95
Wel Detention 1.00
TOTALS
REQUIRED STORAGE VOLUME
0.61
705.00
700 89
Area
16.90
6.83
2.18
25.91
Cr Factor
6.76
6.49
2.18
0.60
STORM RAINFALL RUNOFF RELEASE
DURATION INTENSITY QUANTITY RATE (CFS)
(HOURS) (i) Qa =CIA Qr
0.08 10.92 168.48 3.89
0.17 10.02 154.59 3.89
0.25 8.20 126.51 3 89
0.50 5.60 86.40 3.89
1.00 3.56 5493 3 89
2.00 2.24 3456 3.89
3.00 162 2499 3.89
4.00 130 20.06 3.89
5.00 1.10 16.97 3.89
6.00 0.97 14 97 3.89
12.00 0.55 8.49 3.89
18.00 0.39 6.02 3.89
24.00 0 32 4.94 3.89
REQUW EP OETEN11QN
100 YR DEPRESSIONAL STORAGE A -1 -B=
100 YR DEPRESSIONAL STORAGE F.2=
STORAGE
(ACRE -FT)
(Qa- Qr)U12
110
2.14
255
344
4.25
5.11
5.28
5.39
5.45
5.54
4.60
3.20
2.10
6.92- 125% Maximum Value
1.88
1.14
BULLETIN 70 RAINFALL REVISED SITE PLAN
VILLAGE OF LEMONT
CALCULATIONS FOR DETENTION FACILITY (SUBAREA #3)
(VILLAGE OF LEMONT)
LOCATION
CLIENT:
GLEN OAK ESTATES PROJECT NO.: 06 -225
131ST STREET AND PARKER ROAD
LEMONT, ILLINOIS DATE: 8 -Aug -07
Montalbano Builders, Inc.
2208 Midwest Road
Oak Brook, IL 60523
PROVIDED DETENTION VOLUME
ELEVATION AREA Al +A2+Sgrt(A1 *A2)
(FT) (Square Feet) (Acres)
0.00
7.64
701.00
94746.98
705.00
127932.61
VOLUME = (1/3)' (EL2 - ELi) • (A1 +A2 +Sqd (A1 • A2))
EL1, EL2 = Lower and upper elevations o1 the increment
Al, A2 = Areas computed for ELI and EL2
Volume = Incremental volume between ELI and EL2
CALCULATION FORORIF10E DISCHARGE
PLAN DATE: 15 -Nov -06
LAST REVISED: 8 -Aug -07
ENGINEER: MDC
Discharge Coefflent
HWL
Orifice Invert Elevation
Orifice Diameter (inches)
Actual Release (cfs)
VOLUME
(AC - FT)
0.00000
10 18598
0.61
T05.00
700.89
VOLUME SUM AREA
(AC - FT) (ACRES)
8.60
3.82
0.00 NWL 2.18
10.19 HWL 2.94
BULLETIN 70 RAINFALL REVISED SITE PLAN
VILLAGE OF LEMONT
CALCULATIONS FOR DETENTION FACILITY (SUBAREA #4)
(VILLAGE OF LEMONT)
LOCATION
CLIENT:
STORM FREQUENCY
TRIBUTARY AREA
RUNOFF COEFFICIENT
GLEN OAK ESTATES PROJECT NO.: 06 -225
131ST STREET AND PARKER ROAD
LEMONT, ILLINOIS DATE: 8 -Aug -07
PLAN DATE: 15 -Nov -06
Montalbano Builders, Inc. LAST REVISED: 8 -Aug -07
2208 Midwest Road ENGINEER: MDC
Oak Brook, IL 60523
ALLOWABLE RELEASE RATE
DISCHARGE COEFRCIENT
HIGH WATER LEVEL
RESTRICTOR INVERT ELEVATION
Runoff Coefficients Cr
Grass 0.40
Roots, Asphalt, Concrete 0.95
Wet Detention 1.00
TOTALS
REQUIRED STORAGE VOLUME
100 Year (BULLETIN 70 DATA)
16.69 AC
calculations shown below
Q= (0 - 15)'(A)=
(0.15) *(A) =
0.61
704.00
698.73
Area
14.20
1.70
0.79
16.69
Cr Factor
5.68
1.62
0.79
0.48
STORM RAINFALL RUNOFF RELEASE
DURATION INTENSITY QUANTITY RATE(CFS)
(HOURS) (i) Qa =CiA Qr
0.08 10.92 88.29 2.50
0.17 10.02 81.01 2.50
0.25 8.20 66.30 2.50
0.50 5.60 45.28 2.50
1.00 3.56 28.78 2.50
2.00 2.24 18.11 2.50
3.00 1.62 13.10 2.50
4.00 1.30 10.51 2.50
500 1.10 8.89 2.50
600 0.97 7.84 2.50
12.00 0.55 4.45 2.50
18.00 0.39 3.15 2 50
24.00 0.32 2.59 250
STORAGE
(ACRE -FT)
(Qa- Qr)U12
0.57
1.11
1.33
1.78
2.19
2.60
2.65
2.67
2.66
2.67
1.94
0 97
0.17
,::125% Maximum Value
BULLETIN 70 RAINFALL REVISED SITE PLAN
VILLAGE OF LEMONT
CALCULATIONS FOR DETENTION FACILITY (SUBAREA #4)
(VILLAGE OF LEMONT)
LOCATION
CLIENT:
GLEN OAK ESTATES PROJECT NO.: 06 -225
131ST STREET AND PARKER ROAD
LEMONT, ILLINOIS DATE: 8 -Aug -07
Monlalbano Builders, Inc.
2208 Midwest Road
Oak Brook, IL 60523
PROVIDED DETENTION VOLUME
ELEVATION
(FT)
AREA
(Square Feel)
Al +A2+Sgrt(A1•A2)
(Acres)
PLAN DATE: 15 -Nov -06
LAST REVISED: 8 -Aug -07
ENGINEER: MDC
&99.00
70400
22003.33
36754.44
VOL JME _ (1/3) * (EL2 - ELI` (Al .A2 +Sgrt (A1 • A2):
ELI, EL2 = Lower and upper elevations of the increment
Al, A2 = Areas computed for EL1 end EL2
Volume = Incremental volume between a1 and EL2
0.00
2.00
CALCULATION FOR ORIFICE DISCHARGE
Discharge Coeft -rent
HWL
Orifice Invert Elevation
Orifice Diameter (inchesi
Actual Release (cfs)
VOLUME
(AC- FT)
0.00000
3.33623
AVOW 0;
061
704.00
698.73
5 -75
1.9B
VOLUME SUM
(AC-FT)
0.00 NN2
3.34
AREA
(ACRES)
051
0.64
Glen Oak Estates, 06 -225
Stormwater Management Report
Lemont, IL
APPENDIX 3
Detention Calculations — MWRD Standards
Page 24 of 54
C.M. Lavoie & Associates, Inc. Consulting Engineering, Land Planning, & Surveying
November 15, 2006
TECHNICAL PAPER 40
MWRD
CALCULATIONS FOR DETENTION FACILITY - BASIN #1
LOCATION
CLIENT:
GLEN OAK ESTATES PROJECT NO.: 06 -225
131st STREET AND PARKER ROAD
LEMONT, ILLINOIS DATE: 8 -Aug -07
PLAN DATE: 8- Aug -07
MONTALBANO BUILDERS, INC.
2208 MIDWEST ROAD
OAK BROOK, IL 60523
STORM FREQUENCY 100 Year
TRIBUTARY AREA 74.67 AC
RUNOFF COEFFICIENT calculations shown below
ALLOWABLE RELEASE RATE Q =(3 YEAR STORM) *(A)=
3 YEAR STORM
(0.15) *(3 YEAR) *(A) =
TOTAL UNRESTRICTED (0.45*(1.94ac.+0.13ac.) *7.60) =
TOTAL ALLOWABLE RELEASE =
ACTUAL RELEASE RATE =
DISCHARGE COEFFICIENT
HIGH WATER LEVEL
RESTRICTOR INVERT ELEVATION
Runoff Coefficients Cr
Grass 0.45
Roots, Asphalt, Concrete 0.90
Wet Detention 1.00
TOTALS
REQUIRED STORAGE VOLUME
0.50
686.50
680.40
Area
50.02
21.80
2.85
74.67
Cr Factor
22.51
19.62
2.85
0.60
ENGINEER: MDC
1.76
19.71 cts
7.08ds
12.63 cfs
11.14 cfs
STORM RAINFALL RUNOFF RELEASE STORAGE
DURATION INTENSITY QUANTITY RATE (CFS) (ACRE -FT)
(HOURS) (1) Qa =CiA Qr (Qa- Qr)t712
0.17 7.60 341.84 11.14 4.68
0.33 5.50 247.38 11.14 6.50
0.50 4.40 197.91 11.14 7.78
1.00 2.80 125.94 11.14 9.57
2.00 1.70 76.46 11.14 10.89
3.00 1.20 53.97 11.14 10.71
6.00 0.73 32.83 11.14 10.85
12.00 0.43 19.34 11.14 8.20
18.00 0.31 13.94 11.14 4.20
24.00 0.25 11.24 11.14 0.20
RE ED' .'# : ' ,:. ! 100' '
PROVIDED DETENTION VOLUME
ELEVATION AREA A1+A2 +Sqrt (A1 *A2)
(FT) (Square Feet) (Acres)
2.77
10.14
680.50
120850.07
686.50
175334.02
VOLUME
(AC - FT)
0.00
20.28
VOLUME SUM
(AC - FT)
0.00
20.28
VOLUME = (1/3)* (EL2 - ELI) * (Al , A2. SO (Al *A2))
ELI, EL2 = Lower and upper elevations of the incremen
Al, A2 = Areas computed for ELI and EL2
Volume = Incremental volume between ELI and ELf
TECHNICAL PAPER 40
MWRD
CALCULATIONS FOR DETENTION FACILITY - BASIN #1
LOCATION
CLIENT:
GLEN OAK ESTATES
131st STREET AND PARKER ROAD
LEMONT, ILLINOIS
MONTALBANO BUILDERS, INC.
2208 MIDWEST ROAD
OAK BROOK, IL 60523
CALCULATION FOR ORIFICE DISCHARGE
Orifice #1
Discharge Coeffient 0.50
HWL 686.50
Orifice Invert Elevation 680.40
Orifice Diameter (inches)
Actual Release (cfs)
Orifice #2
0.50
686.50
681.80
12.00
9.00
7.46
PROJECT NO.: 06 -225
DATE: 8- Aug -07
PLAN DATE: 8- Aug -07
ENGINEER: MDC
SUM =
3.69 11.14
TECHNICAL PAPER 40
MWRD
CALCULATIONS FOR DETENTION FACILITY - BASIN #2
LOCATION
CLIENT:
GLEN OAK ESTATES PROJECT NO.: 06 -225
131st STREET AND PARKER ROAD
LEMONT, ILLINOIS DATE: 8 -Aug -07
PLAN DATE: 8- Aug -07
MONTALBANO BUILDERS, INC.
2208 MIDWEST ROAD
OAK BROOK, IL 60523
STORM FREQUENCY 100 Year
TRIBUTARY AREA 9.59 AC
RUNOFF COEFFICIENT calculations shown below
ALLOWABLE RELEASE RATE Q =(3 YEAR STORM) *(A)..
3 YEAR STORM
(0.15)`(3 YEAR) *(A) =
TOTAL UNRESTRICTED (0.45`0.21ac.'7.6) _
TOTAL ALLOWABLE RELEASE _
ACTUAL RELEASE RATE _
DISCHARGE COEFFICIENT
HIGH WATER LEVEL
RESTRICTOR INVERT ELEVATION
Runoff Coefficients Cs
Grass 0.45
Roofs, Asphalt Concrete 0.90
Wet Detention 1.00
TOTALS
REQUIRED STORAGE VOLUME
0.61
702.00
697.89
Area
6.46
2.20
0.93
9.59
STORM RAINFALL RUNOFF
DURATION INTENSITY QUANTITY
(HOURS) (i) Qa =CIA
0.17 7.60 44.21
0.33 5.50 31.99
0.50 4.40 25.59
1.00 2.80 16.29
2.00 1.70 9.89
3.00 1.20 6.98
6.00 0.73 4.25
12.00 0.43 2.50
18.00 0.31 1.80
24.00 0.25 1.45
PROVIDED DETENTION VOLUME
ELEVATION
(FT)
AREA
(Square Feet)
698.00
40561.28
702.00
55413.62
VOLUME = (1/3) " (EL2 - ELi) " (Al + A2+ Sgrt (Al *A2))
ELI, EL2 = Lower and upper elevations of the incremen
Al, A2 = Areas computed for ELI and EL2
Volume = Incremental volume between EL1 and EL2
ENGINEER: MDC
1.76
2.53 cfs
0.72 cfs
1.81 cfs
1.42 cfs
Cr Factor
2.91
1.98
0.93
0.61
RELEASE
RATE (CFS)
Qr
1.42
1.42
1.42
1.42
1.42
1.42
1.42
1.42
1.42
1.42
STORAGE
(ACRE -FT)
(Qa- Qr)U12
0.61
0.84
1.01
1.24
1.41
1.39
1.41
1.08
0.57
0.06
Al +A2+Sqrt (A1•A2)
(Acres)
0.93
3.29
PROV
VOLUME
(AC - FT)
0.00
4.39
VOLUME SUM
(AC - FT)
0.00
4.39
4.39
TECHNICAL PAPER 40
MWRD
CALCULATIONS FOR DETENTION FACILITY - BASIN #2
LOCATION
CLIENT:
GLEN OAK ESTATES
131st STREET AND PARKER ROAD
LEMONT, ILLINOIS
MONTALBANO BUILDERS, INC.
2208 MIDWEST ROAD
OAK BROOK, IL 60523
CALCULATION FOR ORIFICE DISCHARGE
Discharge Coeffient
I-IWL
Orifice Invert Elevation
Orifice Diameter (inches)
Actual Release (cfs)
Orifice #1
0.61
702.00
697.89
5.20
1.42
PROJECT NO.: 06 -225
DATE: 8- Aug -07
PLAN DATE: 8 -Aug -07
ENGINEER: MDC
TECHNICAL PAPER 40
MWRD
CALCULATIONS FOR DETENTION FACILITY - BASIN #3
LOCATION
CLIENT:
GLEN OAK ESTATES PROJECT NO.: 06 -225
131st STREET AND PARKER ROAD
LEMONT, ILLINOIS DATE: 8 -Aug -07
PLAN DATE: 8 -Aug -07
MONTALBANO BUILDERS, INC.
2208 MIDWEST ROAD
OAK BROOK, IL 60523
STORM FREQUENCY 100 Year
TRIBUTARY AREA 25.91 AC
RUNOFF COEFFICIENT calculations shown below
ALLOWABLE RELEASE RATE 0 =(3 YEAR STORM) *(A)=
3 YEAR STORM
(0.15) *(3 YEAR)*(A
TOTAL UNRESTRICTED (0.45*0.24ac.*7.6) _
TOTAL ALLOWABLE RELEASE =
ACTUAL RELEASE RATE _
DISCHARGE COEFFICIENT
HIGH WATER LEVEL
RESTRICTOR INVERT ELEVATION
Runoff Coefficients Cr
Grass 0.45
Roofs, Asphalt, Concrete 0.90
Wet Detention 1.00
TOTALS
REQUIRED STORAGE VOLUME
STORM RAINFALL
DURATION INTENSITY
(HOURS) (i)
0.17 7.60
0.33 5.50
0.50 4.40
1.00 2.80
2.00 1.70
3.00 1.20
6.00 0.73
12.00 0.43
18.00 0.31
24.00 0.25
0.61
705.00
700.89
Area
16.90
6.83
2.18
25.91
RUNOFF
QUANTITY
Qa =CiA
121.08
87.63
70.10
44.61
27.08
19.12
11.63
6.85
4.94
3.98
ENGINEER: MDC
1.76
6.84 cfs
0.82 cfs
6.02 cfs
cfs
Cr Factor
7.61
6.15
2.18
0.61
RELEASE
RATE (CFS)
Qr
3.82
3.82
3.82
3.82
3.82
3.82
3.82
3.82
3.82
3.82
STORAGE
(ACRE -FT)
(Qa- Qr)U12
1.66
2.30
2.76
3.40
3.88
3.82
3.90
3.03
1.67
0.32
TECHNICAL PAPER 40
MWRD
CALCULATIONS FOR DETENTION FACILITY - BASIN #3
LOCATION
CLIENT:
GLEN OAK ESTATES
131st STREET AND PARKER ROAD
LEMONT, ILLINOIS
MONTALBANO BUILDERS, INC.
2208 MIDWEST ROAD
OAK BROOK, IL 60523
PROVIDED DETENTION VOLUME
ELEVATION AREA Al +A2 +Sqrt (Al *A2)
(FT) (Square Feet) (Acres)
218
7.64
701.00
94746.98
705.00
127932.61
VOLUME = (1/3)' (EL2 - ELi ) ' (Al +A2 +Sqrt (Al *A2))
ELI, EL2 = Lower and upper elevations of the incremen
At, A2 = Areas computed for ELI and EL2
Volume = Incremental volume between ELI and Eli
CALCULATION FOR ORIFICE DISCHARGE
Orifice #1
0.61
705.00
700.89
Discharge Coeffient
HWL
Orifice Invert Elevation
Orifice Diameter (inches)
Actual Release (cfs)
8.60
3.82
PROJECT NO.: 06 -225
DATE: 8- Aug -07
PLAN DATE: 8- Aug -07
ENGINEER: MDC
VOLUME VOLUME SUM
(AC - FT) (AC - FT)
0.00 0.00
10.19 10.19
TECHNICAL PAPER 40
MWRD
CALCULATIONS FOR DETENTION FACILITY - BASIN #4
LOCATION
CLIENT:
GLEN OAK ESTATES PROJECT NO.: 06 -225
131st STREET AND PARKER ROAD
LEMONT, ILLINOIS DATE: 8- Aug -07
PLAN DATE: 8- Aug -07
MONTALBANO BUILDERS, INC.
2208 MIDWEST ROAD
OAK BROOK, IL 60523
STORM FREQUENCY 100 Year
TRIBUTARY AREA 16.69 AC
RUNOFF COEFFICIENT calculations shown below
ALLOWABLE RELEASE RATE Q =(3 YEAR STORM) *(A)=
3 YEAR STORM
(0.15) *(3 YEAR) *(A) =
TOTAL UNRESTRICTED (0.45*0.71ac.'7.6)
TOTAL ALLOWABLE RELEASE _
ACTUAL RELEASE RATE _
DISCHARGE COEFFICIENT
HIGH WATER LEVEL
RESTRICTOR INVERT ELEVATION
Runoff Coefficients Cr
Grass 0.45
Roofs, Asphalt, Concrete 0.90
Wet Detention 1.00
TOTALS
REQUIRED STORAGE VOLUME
STORM RAINFALL
DURATION INTENSITY
(HOURS) (i)
0.17 7.60
0.33 5.50
0.50 4.40
1.00 2.80
2.00 1.70
3.00 1.20
6.00 0.73
12.00 0.43
18.00 0.31
24.00 0.25
0.61
704.00
698.73
Area
14.20
1.70
0.79
16.69
RUNOFF
QUANTITY
Qa=CiA
66.20
47.91
38.32
24.39
14.81
10.45
6.36
3.75
2.70
2.18
ENGINEER: MDC
1.76
4.41 cfs
2.43 cfs
1.98 cfs
1,9$ cfs
Cr Factor
6.39
1.53
0.79
0.52
RELEASE STORAGE
RATE (CFS) (ACRE -FT)
Qr (Qa- Qr)812
1.98 0.91
1.98 1.26
1.98 1.51
1.98 1.87
1.98 2.14
1.98 2.12
t98 2.19
1.98 1.77
1.98 1.08
1.98 0.40
RED DETENTION
TECHNICAL PAPER 40
MWRD
CALCULATIONS FOR DETENTION FACILITY - BASIN #4
LOCATION
CLIENT:
GLEN OAK ESTATES
131st STREET AND PARKER ROAD
LEMONT, ILLINOIS
MONTALBANO BUILDERS, INC.
2208 MIDWEST ROAD
OAK BROOK, IL 60523
PROVIDED DETENTION VOLUME
ELEVATION AREA Al +A2+Sqrt (A1 *A2)
(FT) (Square Feet) (Acres)
0.51
2.00
699.00
704.00
22003.33
36754.44
VOLUME
(AC - FT)
0.00
3.34
PROJECT NO.: 06 -225
DATE: 8 -Aug -07
PLAN DATE: 8 -Aug -07
ENGINEER: MDC
VOLUME SUM
(AC - FT)
0.00
3.34
VOLUME = (1/3)* (EL2 - ELI) * (Al +A2 +Sort (Al *A2))
ELI, EL2 = Lower and upper elevations of the incremerr
Al, A2 = Areas computed for EL1 and EL2
Volume = Incremental volume between ELI and EL';
CALCULATION FOR ORIFICE DISCHARGE
Discharge Coeffient
HWL
Orifice Invert Elevation
Orifice Diameter (inches)
Actual Release (cfs)
Orifice #1
0.61
704.00
698.73
5.75
1.98
TECHNICAL PAPER 40
MWRD
CALCULATIONS FOR DETENTION FACILITY - OVERALL
LOCATION
CLIENT:
STORM FREQUENCY
TRIBUTARY AREA
RUNOFF COEFFICIENT
GLEN OAK ESTATES PROJECT NO.: 06 -225
131st STREET AND PARKER ROAD
LEMONT, ILLINOIS DATE: 4- Jun -07
PLAN DATE: 15 -Nov-06
MONTALBANO BUILDERS, INC.
2208 MIDWEST ROAD ENGINEER: MDC
OAK BROOK, IL 60523
100 Year
126.86 AC
calculations shown below
ALLOWABLE RELEASE RATE Q =(3 YEAR STORM) •(A)=
3 YEAR STORM
(0.15)'(3 YEAR) *(A) =
TOTAL UNRESTRICTED ( 0.4517.612.07+0.21+0.24+0.71)) =
TOTAL ALLOWABLE RELEASE =
ACTUAL RELEASE RATE =
Runoff Coefficients Cr
Grass 0.45
Roofs, Asphalt, Concrete 0.90
Wet Detention 1.00
TOTALS
REQUIRED STORAGE VOLUME
Area
87.58
32.53
6.75
126.86
STORM RAINFALL RUNOFF
DURATION INTENSITY QUANTITY
(HOURS) (1) Qa CiA
0.17 7.60 573.33
0.33 5.50 414.91
0.50 4.40 331.93
1.00 2.80 211.23
2.00 1.70 128.24
3 00 1.20 90.53
6.00 0.73 55.07
12.00 0.43 32.44
18.00 0.31 23.39
24.00 0.25 18.86
1.76
33.49 cfs
11.05 cis
22.44 cis
18.37 cfs
Cr Factor
39.41
29.28
635
0.59
RELEASE
RATE (CFS)
Qr
18.37
18_37
18.37
18_37
18.37
18.37
18.37
18.37
18.37
18.37
STORAGE
(ACRE -FT)
(Qa- Qr)t112
7.86
10_90
13.06
16.07
18.31
18.04
18.35
14.07
7.52
0.97
TECHNICAL PAPER 40
MWRD
CALCULATIONS FOR DETENTION FACILITY - OVERALL
LOCATION
CLIENT:
GLEN OAK ESTATES
131st STREET AND PARKER ROAD
LEMONT, ILLINOIS
MONTALBANO BUILDERS, INC.
2208 MIDWEST ROAD
OM BROOK, 1L 60523
PROVIDED DETENTION VOLUME
ELEVATION
(FT)
BASIN #1
AREA
(Square Feet)
PROJECT NO.: 06 -225
DATE: 4- Jun-07
PLAN DATE: 15- Nov -06
ENGINEER: MDC
A1+A2+Sgrt (A1•A2) VOLUME VOLUME SUM
(Acres) (AC - FT) (AC - FT)
680.50
120850.07
686.50
17533402
BASIN #2
698.00
4056t28
702.00
55413.62
BASIN #3
701.00
94746.98
705.00
127932.61
BASIN #4
699.00
22003.33
704.00
36754.44
2.77 0.00 0.00
10.14 20.28 20.28
PROVIDED DETENTION= 20.28
0.93 0.00 0.00
3.29 4.39 4.39
PROVIDED DETENTION= 4.39
2.18 0.00 0.00
7.64 10.19 10.19
PROVIDED DETENTION= 10.19
0.51 0.00
2.00 3.34
PROVIDED DETENTION=
VOLUME = (1/3) * (EL2 - ELI) (A1 +A2 +Sql (A1 '42):
Ell, EL2 = Lower and upper deletion d the increment
Al, A2 = Areas computed for ELI and EU
Volume = Incremental volume between ELI and EL2
CALCULATION FOR ORIFICE DISCHARGE
Discharge Coeffient
HWL
Orifice Invert Elevation
Orifice Diameter (inches)
Actual Release (cfs)
Orifice #1
0.50
686.50
680.40
Basin #1
Orifice #2
0.50
686.50
681.80
Basin #2
000
3.34
3.34
Basin #3 Basin #4
0.61 0.61 0.61
702.00 705.00 704.00
697.89 700.89 698.73
1200
9.00
5.20
8.60
5.75
Glen Oak Estates, 06 -225
Stormwater Management Report
Lemont, IL
APPENDIX 4
Storm Sewer Calculations — Subareas 1, 2, 3, 4 and Parker Road
Page 35 of 54
C . Lavoie & Associates, Inc. Consulting Engineering, Land Planning, & Surveying
November 15, 2006
1
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O ?2006 Prajects106- 2251Engineenng Calculations\Storm Sewer\STORM SEWER CALCS 030607 -1
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EXHIBIT "G"
GLEN OAK ESTATES HOMEOWNER'S
ASSOCIATION DECLARATION OF
COVENANTS, CONDITIONS AND
RESTRICTIONS
THIS DECLARATION is made this
day of , 2007 by Montalbano
Builders, Inc. an Illinois corporation (hereinafter
referred to as "Declarant ")
W ITNESSETH:
WHEREAS, Declarant is the owner of or has an interest in certain property in the Village of Lemont,
County of Cook, State of Illinois, which is more particularly described in Exhibit "A" attached hereto and
incorporated herein (the "Property"); and
WHEREAS, the said Property shall be conveyed, subject to certain protective easements, restrictions,
covenants, conditions, reservations, liens and charges as hereinafter set forth.
NOW, THEREFORE, the Declarant hereby declares that all of the Property described in said Exhibit "A"
shall be held, sold and conveyed subject to the following easements, restrictions, covenants, conditions, reservations,
liens and charges which are for the purpose of protecting the value and desirability of, and which shall run with the
Property and be binding on all parties having any right, title or interest in the described Property or any part thereof,
their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE ONE
DEFINITIONS
SECTION 1. "ASSOCIATION" shall mean and refer to Glen Oak Estates Homeowners' Association, an
Illinois not - for -profit corporation, its successors and assigns.
SECTION 2. "BY- LAWS" shall mean and refer to the By -Laws of the Association, a true and correct
copy of which is attached hereto as Exhibit `B ".
SECTION 3. "COMMON AREA" shall mean all real property (including the improvements thereto), if
any, owned by the Association for the common use and enjoyment of the Owners, or any of the Additional Land
annexed thereto or on any supplement or amendment to this Declaration.
SECTION 4. "DECLARANT" shall mean and refer to Montalbano Builders, Inc. and its successors and
assigns if such successors and assigns should acquire more than one undeveloped Lot from the Declarant for the
purpose of development.
SECTION 5. "DETENTION AREA" shall mean those detention areas located in the Common Area.
SECTION 6. "ENTRYWAYS" shall mean such portions of the Property (Lots or Common Area) as may
be identified as "Landscape Easements" on any Plat of Subdivision thereof or as Declarant may determine, on which
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Declarant, prior to conveyance of the same to a third party, may construct a sign or monument identifying the name
of the subdivision of the Property.
SECTION 7. "LOT" shall mean any plot of land shown upon any Plat of Subdivision of the Property
upon which one individual single- family dwelling unit is constructed or to be constructed.
SECTION 8. "MEMBER" shall mean and refer to every person or entity that holds a membership in the
Association.
SECTION 9. "OWNER" shall mean and refer to the record owner, whether one or more persons or
entities, of fee simple title (or an undivided fee interest) to any Lot that is part of the Property, including contract
sellers, but excluding those having such interest merely as security for the performance of an obligation.
SECTION 10. "PLAT OF SUBDIVISION" shall mean a plat of the Property, or any part thereof,
subdividing or resubdividing the same into Lots (and Common Area (detention area/stormwater management
facility) if contained in such plat), and recorded with the Office of the Recorder of Cook County, Illinois.
SECTION 11. "PROPERTY" shall mean and refer to that certain real property hereinafter described on
Exhibit "A ", and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
SECTION 12. "COUNTY " shall mean the County of Cook, Illinois.
SECTION 13. "VILLAGE" shall mean the Village of Lemont, Illinois.
ARTICLE TWO
ANNEXATION OF ADDITIONAL PROPERTY
SECTION 1. Annexation by the Members. Annexation of any real - estate to the Property shall require
the recording of an instrument signed by the Association with the assent of not less than seventy -five percent (75 %)
of the votes of each class of Members present in person or by written proxy at a meeting duly called for this purpose,
at which a quorum is present, written notice of which shall be sent to all Members not less than five (5) days nor
more than forty(40) days in advance of the meeting setting forth the purpose of the meeting.
SECTION 2. Annexation Limited to Lots., Common Areas. No real estate may be annexed to the
Property other than real estate that will fall within the definition of Lots or Common Areas, but such real estate may
also contain Entryways.
SECTION 3. Annexation by Declarant. Notwithstanding any provision to the contrary or the above
annexation provisions, for a period terminating upon the elimination of Class B membership set forth in Article Four
but in no event later than three (3) years from the date of this Declaration, the Declarant hereby reserves the right and
power to annex adjacent and contiguous real estate to the Property and subject same to the terms, provisions and
conditions of this Declaration. Annexation of additional property pursuant to this Section 3 does not require the vote
of the Members.
ARTICLE THREE
MEMBERSHIP IN THE ASSOCIATION
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SECTION 1. Membership. Every person or entity, including the Declarant, who is a record owner of a
fee or an undivided fee interest in any Lot that is subject to this Declaration of Covenants, Conditions and
Restrictions, including contract sellers, shall be a Member of the Association, and each purchaser of any Lot by
acceptance of a deed therefor covenants and agrees to be a member of the Association whether or not it shall be so
expressed in any deed or other conveyance. The foregoing is not intended to include persons or entities who hold an
interest merely as security for the performance of an obligation. For each Lot, ownership shall be the sole
qualification for membership. For the purpose of this Declaration, the word "Member" shall include any beneficiary
of a trust holding legal title to one or more Lots.
SECTION 2. Transfer. Membership held by any Owner of a Lot is an appurtenant to such Lot and shall
not be transferred, alienated, or pledged in any way, except upon the sale or encumbrance of such Lot, and then only
to the purchaser of such Lot. Any attempt to make a transfer except by the sale or encumbrance of a Lot is void.
Reference to the transfer of membership need not be made in an instrument of conveyance or encumbrance of such
Lot for the transfer to be effective, and the same shall automatically pass with title to the Lot.
ARTICLE FOUR
VOTING RIGHTS IN THE ASSOCIATION
The Association shall have two classes of voting membership:
Class A: Class A Members shall be all those Owners, as defined in ARTICLE THREE, with the exception
of the Declarant. Class A Members shall be entitled to one (1) vote for each Lot in which they hold the interest
required by ARTICLE THREE for membership. When more than one person holds such interest in any Lot, all
such persons shall be Members, and the vote for such Lot shall be exercised as they among themselves determine,
but in no event shall more than one (1) vote be cast with respect to any lot.
Class B: The Class B Member shall be the Declarant. The Class B Member shall be entitled to three (3)
votes for each Lot in which it holds the interest required by ARTICLE THREE for membership, provided that the
Class B membership shall cease and be converted to Class A membership on the happening of any of the following
events, whichever occurs earliest:
(a) Three (3) years from the date of this Declaration of Covenants, Conditions and Restriction;
(b) One hundred twenty (120) days after the date by which seventy-five percent (75 %) of the Lots
submitted to this Declaration (either as a part of the original Property or as Additional Land or as a
phase thereof annexed to the Property) have been conveyed by Declarant to Owners, if Declarant
has failed to start construction of any home on a phase of the Additional Land that has not yet been
annexed to the Property within such one hundred twenty (120) day period; provided, however, if
Declarant has so started construction of a home on any Lot in a phase of the Additional Land that
has not yet been annexed to the Property within such one hundred twenty (120) day period, then
the provisions of this subparagraph (b) shall be applicable to the combined total of the Lots then
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comprising the Property and those contained in such phase of the Additional Land that is thereafter
annexed to the Property. (For Purposes hereof, the term "start construction" shall mean the
excavation of a building site on one Lot within the boundaries of a phase);or
(c) The date on which Declarant voluntarily withdraws as the Class B Member by executing and
recording with the Office of the Recorder of Cook County, Illinois, a written declaration of intent
to withdraw, which withdrawal shall become effective in the manner specified in such declaration
of intent.
Anything contained in the Articles of Incorporation or the By -Laws of the Association notwithstanding, so
long as Declarant is a Class B Member it shall have the absolute right to fill any vacancies on the Board of Directors
(including any vacancy caused by an increase in the number of directors) and to appoint any officers, assistant
officers and agents of the Association.
ARTICLE FIVE
PROPERTY RIGHTS
SECTION 1. Members' Easements of Eniovment. Every Member shall have a right and easement for
ingress and egress over and across and use of enjoyment in and to the Common Area, and such easement shall be
appurtenant to and shall pass with the title to every Lot. Said right of easement for ingress and egress over and
across and of enjoyment in and to the Common Area shall be subject to the following provisions:
(a) The right of the Association, in accordance with Articles and By -Laws, to borrow money
for the purposes of improving or reconstructing the Common Area and facilities thereon and in aid
thereof to mortgage said Common Area (or a portion thereof).
(b) The right of the Association to suspend the voting rights of a Member for any period
during which any assessment against his Lot remains unpaid and delinquent; and for a period not
to exceed thirty (30) days for any single infraction of the published rules and regulations of the
Association, provided that any suspension of such voting rights, except for failure to pay
assessments, shall be made only by the Association or a duly appointed committee thereof, after
notice and hearing given and held in accordance with the By -Laws of the Association.
(c) The right of the Association to declare or grant easements and licenses and to dedicate or
transfer all or any part of the common Area to any public agency, authority, or public or private
utility for such purposes and subject to such conditions as may be agreed to by the Members. No
such dedication or transfer shall be effective unless an instrument has been recorded, signed by the
Association and authorized by the assent of at least sixty -seven (67 %) percent or more of the votes
of each class of Members present in person or by proxy and entitled to vote at a meeting duly
called for this purpose at which a quorum is present, written notice of which is mailed to all
Members not less than five (5) days nor more than forty (40) days in advance of the meeting,
setting forth the purposes of the meeting.
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(d) The right of the Association to establish uniform rules and regulations pertaining to the
use of the common Area.
(e) The right of Declarant and its designees (and their respective sales agents and
representatives) to (1) non - exclusive use of the common Area (as may be amended by annexation
from time to time) in connection with the sale or rental of residential units within the Property; and
(2) the use of any improved dwelling unit on any of the Lots owned by Declarant as a sales office
until the last such Lot is improved with a residence and conveyed to a third -party purchaser.
(f) Such other rights as are reserved or created by this Declaration.
SECTION 2. Delectation of Use. Any Member may delegate, in accordance with the By -Laws of the
Association, his right of enjoyment to the Common Area to the members of his family, his tenants or contract
purchasers who reside on the Property.
SECTION 3. Association Access to Lots. The Association and its respective agents, employees and
independent contractors shall have the right and license to enter upon any Lot to the extent necessary to exercise any
right or responsibility of the Association as set forth in this Declaration, as to the Lot or the dwelling unit situated
thereon, and shall not be guilty of trespass.
SECTION 4. Access to Adioinina Lots and Common Area. Every Owner of a Lot and also the
Association, and their respective agents, employee and independent contractors, shall have the right and license to
enter upon the adjoining Lot or common Area to the extent necessary for the purpose of maintaining, repairing and
replacing the improvements situated on or near the boundary of such Owner's Lot and shall not be guilty of any
trespass. In the event the Owner of a Lot or the Association, or their respective agents, employees or independent
contractors enter upon any such Lot or the Common Area for the purpose of exercising the right and license created
by this Section 4, then such Owner, or the Association, as the case may be, shall make all necessary repairs or
replacements on such Lot or the common Area to correct any damage inflicted upon the same by exercise of the right
and license. The Village shall also have the right and license (but not the obligation) to enter upon any Lot or
Common Area to the extent necessary to exercise any rights of the Village as set forth in this Declaration or
otherwise and shall not be guilty of trespass.
SECTION 5. Title to the Common Area. The Declarant covenants for itself, its heirs and assigns, that it
will convey or cause to be conveyed to the Association fee simple title to the common Area (if any) prior to the
conveyance by Declarant to an Owner of the first Lot improved with a single - family dwelling, free and clear of all
encumbrances and liens, but subject to :
(a) Covenants, conditions, easements and restrictions then of record.
(b) The terms of this Declaration;
(c) Zoning ordinances, development agreements and annexation agreements of record;
(d) Current real estate taxes not yet due and payable (for which Declarant shall pay or make
arrangements to pay its pro rata share);
(e) Utility easements granted or to be granted for sewer, water gas, electricity, telephone and
any other necessary utilities;
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4
Easements, granted or to be granted for the benefit or creation of Entryways; and
Reservation of easement for ingress and egress.
When land annexed from time to time, pursuant to ARTICLE TWO of this Declaration, contain land to be
designated as Common Area, said Common Area shall similarly be conveyed by the Declarant or the legal title
holder thereof to the Association prior to the conveyance by Declarant or such legal title holder of the first Lot in the
land then annexed to an Owner.
SECTION 6. Waiver of Use. No Member may exempt himself from personal liability for assessments
duly levied by the Association nor release the Lot owned by him from the liens and charges hereof, by waiver of the
use and enjoyment of the Common Area or by abandonment of his Lot.
ARTICLE SIX
COVENANT FOR ASSESSMENTS
SECTION 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant (subject
to the provisions set forth in Sections 7 and 8 of this ARTICLE SIX) for each Lot owned within the property hereby
covenants, and each Owner of any Lot by acceptance of a deed therefor or possession thereof, whether or not it shall
be so expressed in any such deed or other conveyance, is deemed to personally and individually covenant and agree
to pay to the Association: (1) annual assessments or charges, and (2) special assessments, such assessments to be
fixed, established and collected from time to time as hereinafter provided. The assessments, together with interest
thereon, attorneys' fees and costs of collection thereof, as hereinafter provided, shall be a charge on the land and
shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment (and
deficiency contributions, in the case of Declarant), together with such interest, costs and reasonable attorneys' fees
shall also be the personal obligation of the person who is the Owner of such Lot at the time when the assessment falls
due. In addition, the personal obligation shall pass to his successors in title accepting a deed to or assignment of
beneficial interest in any trust holding title to said Lot.
SECTION 2. Purpose of Assessments. The assessments levied by the Association shall be used
exclusively for the purpose of promoting the health, safety and welfare and enjoyment of its Members, and, in this
connection, for the maintenance and repair of the Common Area and Entryways for the payment of real estate taxes
and premiums for the insurance, which are the obligation of the Association, and for the provision of funds for the
Association to carry on its duties set forth herein or in its Articles of Incorporation or By -Laws.
SECTION 3. Basis and Maximum of Annual Assessments. Until January 1st of the year immediately
following the year of conveyance of the first Lot to an Owner, the maximum annual assessment permitted shall be
$300.00 per Lot.
(a) From and after January 1st of the year immediately following the conveyance of the first
Lot to an Owner, the maximum annual assessment may be increased affective January 1st of each
year by the Board of Directors of the Association (at any meeting of the Board of Directors duly
convened at least thirty (30) days prior to said January effective date) without a vote of the
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membership, provided that any such increase shall not be greater than a ten percent (10 %) increase
over the maximum annual assessment permitted for the year immediately preceding.
(b) From and after January 1st of the year immediately following the conveyance of the first
Lot to an Owner, the annual assessment may be increased for any year by the Board of Directors of
the Association at any time, over the maximum annual assessment permitted for the year
immediately preceding, without the vote of the membership, if the same is necessary to: (i)pay the
cost of any increases in real estate taxes for the common Area over the prior year, or (ii) pay the
cost of increases in premiums for insurance procured by the Association over the prior year.
(c) From and after January 1st of the year immediately following the conveyance of the first
Lot to an Owner, the maximum annual assessment may be increased for the coming assessment
year only or for all succeeding assessment years effective January 1st of each year by the Board of
Directors at any meeting of the Board of Directors (duly convened at least thirty (30) days prior to
said January 1st effective date) in an amount greater than provided in subsections (a) or (b) hereof
for the coming assessment year, provided that any such changes shall have the assent of the
majority of the votes of each class of Members voting in person or by proxy, at a meeting duly
called for such purpose, at which a quorum is present, written notice of which will be sent to all
Members not less than five (5) days nor more than forty (40) days in advance of the meeting,
setting forth the purpose of the meeting.
(d) After consideration of future needs and expected expenditures of the Association, the
Board of Directors may fix regular annual assessments in lesser amounts than the maximum annual
assessments permitted or may, in its discretion, require no annual assessment whatsoever for any
year(s) following on the basis of increases in the maximum annual assessments permitted
hereunder rather than the actual assessments so fixed.
SECTION 4. Reasonable Reserves. The Association shall establish and maintain from annual
assessments collected hereunder, reasonable reserves for the costs of the maintenance, repair, and replacement of the
Detention Areas, Entryways, and landscaping, plant materials, drainage structures and other improvements located
on the Common Areas that are the obligation of the Association hereunder.
SECTION 5. Special Assessments. In addition to the annual assessments authorized above, the
Association may levy, in any assessment year, a special assessment against Lots of the cost of: (a) any construction,
reconstruction, repair or replacement of any landscaping, plant materials, drainage structures, and other
improvements located on the Common Area (b) any construction, reconstruction, repair or replacement of any
Detention Area and Entryway, (c) providing funds to the Association to carry on any of its duties set forth in this
Declaration or in its Articles of Incorporation or By -Laws. Notwithstanding the foregoing, any such assessment shall
have the assent of a majority of the votes of each class of Members voting in person or by proxy at a meeting duly
called for this purpose, at which a quorum is present, written notice of which shall be sent to all Members not less
than five (5) days nor more than forty (40) days in advance of the meeting, setting forth the purpose of the meeting.
Unless the special assessment specifies that it shall be applicable only to the year enacted.
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SECTION 6. Uniform Rate of Assessment. Annual assessments must be fixed at a uniform rate for all
Lots, and may be collected on a monthly basis or such other basis as set by the Board of Directors.
SECTION 7. Assessment for Lots Owned by Declarant. Notwithstanding the foregoing provisions, the
annual assessments and the special assessments for any Lots while (i) owned by Declarant and improved with a
completed single- family home, for which a certificate of occupancy has been issued, but unoccupied by any tenant of
Declarant or (ii) owned by any party but occupied by Declarant and used as a model or a sales office; shall be limited
to 25% of the amounts fixed with respect to Lots owned by Owners other than Declarant. Prior to the completion of
a single - family home on any Lot, and the issuance of a certificate of occupancy, such Lot shall be exempt from
assessments.
SECTION 8. Date of Commencement of Annual Assessments: Due Dates. The annual assessments
provided for herein shall commence for any Lot within the Property (or any land annexed to the Property) on the day
of the conveyance of the Lot in the Property (or any land annexed to the Property) to a third party and shall be
prorated as of the month of said conveyance, and collected at closing. The Board of Directors shall fix the amount
of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period and,
in lieu thereof, the amount of the prior year's annual assessment shall be sent to every Owner subject thereto, but
failure to do so shall not invalidated the charged assessments. The due dates when said annual assessments are due
and payable shall be established by the Board of Directors. The Board may provide for a single annual due date or
the periodic installment payments, as the Board may determine.
SECTION 9. Certificate of Payment. The association shall, upon, demand, furnish to any Owner liable
for said assessment a certificate in writing signed by an officer of the Association, setting forth whether the annual
assessments on a specified Lot have been paid and the amount of the delinquency, if any. A reasonable charge may
be made by the Board for the issuance of these certificates. Said certificates shall be conclusive evidence that any
assessment therein stated to have been paid has in fact been paid. No charge shall be made for issuing from time to
time said certificates to the Declarant on Lots then owned by Declarant.
SECTION 10. Working Capital Contribution. At the time the initial sale of each Lot is closed, the
purchaser of the Lot shall pay to the Association an amount equal to the first annual assessment for such Lot. This
sum shall be used and applied for start-up costs and as a working capital fund in connection with all initial operating
expenses for the Common Areas and held for future working capital needs. The payment shall not be refundable or
be applied as credit against the Owners annual assessments. The payment under this Section 10 is in addition to the
prorated annual assessment described in Section 8, which shall also be collected at the time of the initial closing of
each Lot.
ARTICLE SEVEN
EFFECT ON NONPAYMENT OF
ASSESSMENTS: REMEDIES OF ASSOCIATION
SECTION 1. Delinquency. Any assessment provided for in this Declaration that is not paid when due
shall be delinquent. With respect to each assessment not paid within fifteen (15) days after its due date, the
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Association may, at its election require the Owner to pay a "late charge" in a sum equal to $50.00 which sum shall be
assessed for each month any such assessment remains unpaid. If any such assessment is not paid within thirty (30)
days after the delinquency date, the assessment shall bear interest from the date of delinquency at 15% per annum,
and the Association may, at its option, bring an action at law against the Owner personally obligated to pay the same,
or foreclose the lien against the Lot, and there shall be added to the amount of such assessment the late charge, the
costs of preparing and filing a Complaint and such action and reasonable attorneys' fees, and in the event a judgment
is obtained, such judgment shall include all assessments accrued from date of suit to date of judgment, increased by
such late charges, costs and fees, plus interest. Each Owner vests in the Association or its assigns the right and
power to bring all actions at law or lien foreclosures against such Owner for the collection of such delinquent
assessments.
SECTION 2. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein
shall be subordinate to the lien of any first mortgage or trust deed. Sale or transfer of any Lot shall not affect the
assessment lien. However, the sale or transfer of any Lot pursuant to the foreclosure of a mortgage or trust deed or
any proceeding or deed in lieu thereof shall extinguish the lien of such assessments as to payments that become due
prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter
becoming due or from the lien thereof.
ARTICLE EIGHT
DUTIES AND POWERS OF THE ASSOCIATION
SECTION 1. General. The Association shall have the power and duties, as set forth in this Declaration,
the Articles and By -Laws, to: pay any real property taxes and other charges assessed against the Common Area;
grant easements where necessary for public utilities over the Common Area or the Lots to serve both the Common
Area and the Lots; adopt reasonable rules and regulations controlling and limiting the use of the Common Area;
maintain such policy or policies of insurance at all times as the Board of Directors deems necessary or desirable in
furthering the purposes of and protecting the interests of the Association and its members, officers and directors;
contract with independent contractors, managing agents, collection agents and others to perform and effectuate all or
any part of the duties and powers of the Association, if deemed necessary by the Directors; enforce any easements or
restrictions which may be set forth herein; exercise any rights granted under the terms of this Declaration or under
the Illinois Not - for - Profit corporation Act; and establish such reserves as may be required hereunder or as the Board
of Directors shall from time to time deem necessary to fulfill and further the duties, powers, or purposes of the
Association.
SECTION 2. Common Area. The Association shall own, maintain, repair and replace the Common Area
and its elements, including, but not limited to, the Detention Areas, drainage structures, grass, trees, shrubs,
plantings, and other improvements located upon the Common Area. With regard to the Detention Areas the duties of
the Association shall include; (a) the cleaning and dredging of stormwater detention ponds and basins, drainage
swales and ditches; (b) the maintenance and care, including erosion control, of the lands surrounding such detention
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ponds and basins, drainage swales and ditches; and (c) to the extent not owned and/or maintained by an
governmental authority, the maintenance, repair and replacement of storm sewers, drain tiles, pipes and other conduit
and appurtenant structures.
SECTION 3. Entryways. The Association shall maintain, repair and replace the Entryways to the extent
deemed by the Board to be beneficial and convenient.
SECTION 4. Notice. The recording of this Declaration with the Office of the Recorder of Deeds of Cook
County, Illinois, shall and does hereby constitute notice to the Association and to the Owners of any Lots of their
respective duties and obligations hereunder.
ARTICLE NINE
AVAILABILITY OF RECORDS
Any Owner or first mortgagee of any Lot shall be entitled, upon reasonable request, to receive for
inspection form the Association current copies of the Declaration, Articles of Incorporation, By -Laws, records and
financial statements of the Association. Furthermore, any holder of a mortgage given on any Lot within the Property
and any land annexed thereto shall be entitled to receive from the Association, without cost, a copy of the
Association's financial statement, if any, and if any mortgagee shall so request in writing prior to the preparation of
the annual financial statement of the Association, such financial statement shall be audited.
ARTICLE TEN
USE RESTRICTIONS
SECTION 1. No Alterations, Removal or Replacements by Owners. No Owner shall alter, remove or
replace any Entryway located on his Lot, nor shall any Owner alter, remove, replace or add any landscaping or plant
materials on any Entryway or Landscape Buffer Areas that may be a part of his Lot. Only the Association may make
such alterations, removals, replacements or additions. No permanent buildings, structures or fences shall be
constructed or maintained on, across, over or through any Landscape Easement Area, nor shall such vegetation be
removed, without the written authority of the Board. Any fencing to be installed on any Lot containing a landscape
easement area shall be placed outside of the easement, must be six (6) feet high (unless the Village restricts such
fencing to a lower height) board on board construction and must be approved in writing by the Board.
SECTION 2. Easement Areas. The use by Owners of portions of Lots or Common Areas reserved as
easements for utility, drainage or other purposes on the recorded Plat of Subdivision or created by this Declaration
shall be restricted in accordance with the provisions of ARTICLE TWELVE, Section 2 hereof.
SECTION 3. Land Use — Single- Family Residential. All Lots shall be improved with and used only
for freestanding single - family residences in compliance with the applicable zoning and other ordinances of the
Village. No storage shed or other outbuilding shall be placed, constructed or maintained on any Lot.
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SECTION 4. Standards for Construction. All structures shall be constructed and maintained in
accordance with the applicable building codes and zoning ordinances of the Village. In addition, the following
architectural and appearance standards shall apply to all dwelling units:
1. The same elevation (i.e., Dwelling Unit Exterior design) cannot be built directly across the street
from itself, or either of the two Lots located on either side of the Lot across the street.
2. The same elevation cannot be built on the same side of the street within two Lots from the property
line.
3. The same color package (i.e., Dwelling Unit Exterior colors) cannot be used directly across the
street from itself, or either of the two Lots located on either side of the Lot across the street.
4. The same color package cannot be used on the same side of the street within two Lots from the
property line.
5. None of the Lots with frontage on a cul -de -sac may have the same elevation or color package.
SECTION 5. Lot Appearance. Each Lot shall be maintained and landscaped in such a way as to
enhance the appearance of the Lot and the surrounding Lots, and shall be kept neat in appearance and in good order.
No person shall accumulate on a Lot junked vehicles, litter, refuse or any unsightly materials.
SECTION 6. Vehicles. The repair or body work on any motorized vehicle shall not be permitted
except within the confines of a garage. Such repair or body work shall be on an occasional basis, during reasonable
hours, and shall be on an owner's vehicle only. No private vehicles shall be continuously parked on the streets or
roadways, but shall be kept on the driveway of the Lot, or in the private garage, it being the intention to prevent
obstruction of the streets by continuous parking thereon. No recreation, trailers, boats or snowmobiles may be
parked outside or visible anywhere in the subdivision.
ARTICLE ELEVEN
INSURANCE
SECTION 1. Liability Insurance; the Association. The Association shall obtain and maintain a policy
or policies of comprehensive general liability insurance insuring the Association, its Directors, Officers, the
Members, and their agents and employees against claims for personal injury, including death and property damage,
arising out of any occurrence in connection with the ownership of the Common Areas, Entryways, or in connection
with any act or omission of or in behalf of the Association, its Board of Directors, agents or employees within the
Property. Such policies shall be in the amount of $1 Million for bodily injury, including death, and property damage
arising out of a single occurrence, and shall contain a provision that they may not be cancelled without at least a
thirty (30) day prior notice to the Association, the Owners and the first mortgagees of the Lots.
SECTION 2. Casualty Insurance; Common Areas; Entryways. The Association may, but shall not be
required to, carry insurance with respect to damage or destruction of the Entryways. The Association may but shall
not be required to obtain and maintain a policy or policies of insurance with respect to the damage or destruction of
the common Area and any of the improvements thereon made by Declarant or the Association, including coverage
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against damage or destruction by the perils of file, lighting and those perils contained in an all -risk form, and such
other perils as the Board of Directors of the Association from time to time may determine should be included in such
coverage, in an amount equal to 100% of the insurable replacement cost thereof, without depreciation and with an
agreed amount provision. Such insurance shall name as the insured, and the proceeds thereof shall be payable to, the
Association, as trustee. The proceeds of such insurance shall be made available, as the Board of Directors of the
Association shall reasonably determine, for the repair, reconstruction and restoration of such Common Areas subject
to the rights of the first mortgagees. To the extent feasible, all such policies of insurance shall (i)provide that the
insurance shall not be invalidated by the act or neglect of the Declarant, the Association, its Board of Directors, its
Officers, any owner or occupant, or any agent, employee, guest or invitee of any of them, and (ii) shall contain an
endorsement that such policies shall not be cancelled without at least thirty (30) days' prior notice to the Association,
the Owners and all first mortgagees of the Lots.
SECTION 3. Workers' Compensation and Fidelity Insurance; Other insurance. The Association
shall obtain and maintain a policy or policies of insurance with reputable insurance carriers providing the following
coverage;
(a) Workers' Compensation and employers liability insurance in such form and in such
amounts as may be necessary to comply with applicable laws;
(b) Fidelity insurance or bonds in reasonable amounts for all officers and employees having
fiscal responsibilities, naming the Association as obligee; and
(c) Such other insurance in such limits and for such purpose as the Association may, from
time to time, deem reasonable and appropriate; including but not limited to, errors and omissions
insurance for officers and directors.
SECTION 4. Waiver of Subrogation. To the extent feasible, all policies of insurance obtained by the
Association shall contain provisions that no act or omission of any named insured shall affect or limit the obligation
of the insurance company to pay the amounts of any loss sustained. So long as the policies of insurance described
herein shall provide that a mutual release as provided for in this Section shall not affect the right of recovery
thereunder, and further shall provide coverage for the Section shall not affect the right of recovery thereunder, and
further shall provide coverage for the matters for which the release herein is given, all insurers and all parties
claiming under them shall, and do by these presents, mutually release and discharge each other from all claims and
liabilities arising from or caused by any hazard or source covered by the Association, regardless of the cause of
damage or loss.
SECTION 5. Insurance Premium Expense. The expense of insurance premiums paid by the Association
under this Article shall be an expense of the Association to which the assessments collected by the Association from
the Owners shall be applied.
ARTICLE TWELVE
EASEMENTS
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SECTION 1. Installation. Maintenance. Repair and Replacement of Entryways and Landscape
Easements. The Declarant hereby reserves unto itself, its successors, assigns and designees, and to the Association,
the right and easement to come onto the Lots or the Common Area for purposes of building, installing, maintaining,
repairing and replacing Entryways and Landscape Easements and such right and easement shall be exercisable at any
time prior or subsequent to the closing of the sale of such Lot to a third party purchaser.
SECTION 2. Maintenance of Easement Areas. Easements for installation and maintenance of the
utilities, sewer pipelines and facilities and drainage facilities over each of the Lots and the Common Areas within the
Property and all pipelines and other facilities located and to be located in said easements are reserved as shown on
the recorded Plat of Subdivision or as created in accordance with this Declaration or any amendments hereof.
Within these easements, no structure, planting or other materials shall be placed or permitted to remain that may
damage or interfere with the installation and maintenance of utilities or that may obstruct or retard the flow of water
through drainage channels in the easements. The easement area of each Lot and all improvements in it shall be
maintained continuously by the owner of the Lot, except for those improvements for which a public authority, a
private or public utility company or the Association is responsible.
SECTION 3. Utility Easements. The Declarant hereby reserves unto itself, the Association, and their
successors, assigns and designees, the right (i)to create, declare and grant over, above, under and across the Common
Area or Lots, at any time before or after conveyance, non - exclusive perpetual utility easements and (ii) to exercise
any easements created by any Plat of Subdivision or other instruments for the installation, construction, improvement
or removal or reconstruction, replacement, substitution, and maintenance of sewer (storm and sanitary), water, gas,
electricity , master television antenna and transmission systems, telephone and any other easements as may be
necessary in the Declarant's sole judgment to develop, service and maintain the Property. The aforesaid easement
shall include reasonable rights of ingress and egress.
SECTION 4. Easement for Installation and Maintenance of Storm Water Lines. The Declarant
hereby reserves unto itself, the Association and their respective successors, assigns and designees an easement over
each of the Lots and the Common Area for the following purposes: (i)the installation, maintenance and repair of
downspouts on any single- family house constructed on any Lot where deemed necessary or appropriate by Declarant
or the Association or their successors or assigns to alleviate storm water lines on any Lot or the common Area for
connection to any downspout so installed by Declarant or the Association or their successors or assigns on the Lot or
any other Lot, for connection to any storm water sewer constructed within the Property. Such downspouts and /or
storm water lines so installed by the Declarant, the Association or their respective successors, assigns and designees
on any single - family house, any Lot or any portion of the Common Area shall be and remain the property of the
Association or its successors or assigns, and shall thereafter be maintained, replaced and repaired thereby. The
aforesaid easement shall include reasonable rights for ingress and egress and shall be perpetual. No owner of a Lot
shall interfere with any downspout or storm water line installed on his house or Lot, or the passing of storm water
through the same.
SECTION 5. Ownership of Utility Lines. The Declarant shall initially own all storm sewers, sanitary
sewers and water lines when situated in, or over, under, along or across the Common Area or within easement areas
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designated for the installation and maintenance of such lines, to the extent the same are not initially dedicated to the
Village, public utility, or any governmental or quasi - governmental authority, and shall have the right (and obligation)
of maintenance, replacement, repair or removal thereof and reasonable access thereto. Declarant may transfer title to
said storm sewers, sanitary sewers and water lines and Declarant's rights of maintenance, replacement, repair and
removal thereof to any designee deemed beneficial or appropriate by Declarant (including the Association, the
Village, any public utility or any governmental or quasi - governmental authority), which transfer and assignment shall
be effectuated by a bill of sale or other appropriate writing. In the observance of such transfer prior to the
completion of the sale of all the Lots by Declarant to Owners purchasing the same, the transfer shall be deemed to
have been made to the Association upon the closing of the sale of the last Lot to an Owner, without further action or
documentation.
SECTION 6. Reservation of Easements for Declarant's Benefit. Anything contained in this
Declaration to the contrary notwithstanding, the Declarant hereby reserves for itself, its agents, employees,
contractors, subcontractors, workmen, materialmen, invitees and any successor builders an easement under, over and
across the Common Area (as amended from time to time by annexation) for the purposes of constructing,
completing, repairing, maintaining, inspecting, exhibiting and selling any Lots or houses then owned by the
Declarant.
SECTION 7. Rights to Reserve or Grant Specific Easements for and Entryways. Declarant shall
have the right to grant or reserve specific non - exclusive easements on any portion of any Lot (except portions
occupied by dwellings) or on the Common Area for the installation, maintenance and repair of Entryways, by
Declarant, its successors, assigns or designees or by the Association. Such easements may be created after such Lots
are conveyed to Owners or after the Common Area is conveyed to the Association only if (i)such areas are
designated as such by a Plat of Subdivision, a deed, a declaration of easement or a grant of easement executed and
recorded by Declarant with the Office of the Recorder of Cook County, Illinois, or (ii) construction of the Entryway
has commenced prior to conveyance of such Lot or Common Area. Failure to so grant or reserve a specific easement
shall not invalidate or adversely affect the easements reserved under Section 4 hereof.
SECTION 8. Power Coupled with an Interest. In furtherance of Declarant's rights to create easements
pursuant to Section 7 above, a power coupled with an interest is hereby reserved to Declarant, as attorney -in -fact of
the Association and of the Owners of all Lots within the Property, to grant or reserve such easements, and the giving
of any deed, mortgage or other instrument with respect to the Common Area or any Lot, and acceptance thereof,
shall be deemed a grant and acknowledgment of and a consent to such power of said attorney -in -fact.
ARTICLE THIRTEEN
VILLAGE OF LEMONT
SECTION 1. Village Ordinances Prevail. None of the covenants, conditions, restrictions or provisions
of the Declaration are intended to supersede or prevail over the ordinances of general applicability of the Village in
which the Property is located, and in the event of any conflict, the applicable ordinances of the Village shall
Page 14
supersede and prevail over the covenants, conditions, restrictions and provisions of this Declaration. However, no
ordinance of the Village controlling or regulating any act that is expressly limited, controlled or prohibited by the
covenants of this Declaration shall operate to authorize or permit such act.
SECTION 2. Standards of Maintenance. The standards of maintenance of the Entryways and the
Common Area (including the Detention Areas and any stormwater facilities, landscaping or other improvements
located thereon) adopted by the Association from time to time shall be at least equal to those set forth in the
ordinances of general applicability of the Village in effect from time to time that govern and control the maintenance
of private property.
SECTION 3. Easements. The Village is hereby granted the right and easement of access over, across and
through the Property for any purposes reasonably related to the proper exercise of the rights and powers of the
Village, including without limitation, the right and easement to come upon the Property to install, lay, construct,
renew, operate, maintain, repair and replace lines, pipes, pumps and other equipment (including housings for such
equipment) into, over, under, along and through the Property (including the Common Area and Lots) for the purpose
of providing water, storm sewer and sanitary sewer services and storm water detention areas, if any, to the Property
or any part or parts thereto and to adjacent property.
SECTION 3. Maintenance. The Association shall maintain the Common Area in compliance with all
applicable laws and ordinances of the Village and all governmental bodies having jurisdiction over the Property, as
such laws and ordinance may be amended and enforced from time to time and pursuant to requirements under this
Declaration.
If the Association fails to maintain any Common Area, the Village shall have the right (but shall not be
obligated) to give notice to the Association of its failure to perform its obligations under this section. If such notice
is given and the Association does not perform to the satisfaction of the Village within 30 days after the giving of
such notice, then the Village may (but shall not be obligated to) enter the Property and perform any and all work
which it deems necessary and appropriate, either directly or through contractors engaged by the Village. The
Association shall, upon demand, reimburse the Village for the reasonable cost of such work, including reasonable
attorney's fees and if payment is not made within 30 days after demand, then, with respect to each Lot, the amount
due shall become a lien on the Lot. Each such lien shall be subordinate to the lien of the First Mortgage on the Lot,
but shall be superior to the Association's assessment lien with respect to the Lot for assessments which become due
after the date on which the Village's lien attaches to the Lot. At the request of the Village the Association shall levy
a special assessment for the payment of any such amounts which become due to the Village and the Village shall
have the right to seek an injunction causing the Association to make such a special assessment or, in the alternative,
to record an appropriate notice of lien against all of the Lots and to foreclose any such lien as provided for or
permitted under applicable law.
ARTICLE FOURTEEN
GENERAL PROVISIONS
Page 15
SECTION 1. Enforcement. The Declarant, the Association, any Owner or the Village shall have the
right to enforce, by any proceeding at law or in equity, all restrictions, conditions covenants, liens and charges now
or hereafter imposed by the provisions of the Declaration, and there shall be included in the recovery all costs, fees
and reasonable attorneys' fees incurred in connection therewith. The Village shall have the right to enforce, by any
proceeding in law or in equity, any rights created in its favor by the provisions of this Declaration. Failure by the
Declarant, the Association or by any Owner or the Village to enforce any covenant or restriction herein contained
shall in no event be deemed a waiver of the right to do so thereafter. Breach of any of the covenants shall not defeat
or render invalid the lien or any mortgage or trust deed made in good faith and for value as to said Lots or property,
or any parts thereof, but such provisions, restrictions or covenants shall be binding and effective against any Owner
of said property whose title thereto is acquired by foreclosure, trustee's sale or otherwise.
SECTION 2. Severability. Invalidation of any one or more of these convenants or restrictions by
judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect.
SECTION 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the
land, and shall inure to the benefit of and be enforceable by the Declarant, the Association or the Owner of any Lot
subject to this Declaration, and their respective legal representatives, heirs, successors and assigns for a period of
twenty (20) years from the date this Declaration is recorded, after which time said covenants shall be automatically
extended for successive periods of ten (10) years. This Declaration may be amended by an instrument signed by Lot
Owners comprising not less than sixty-seven percent (67 %) of the total votes collectively held by all classes of
Members with the written consent of mortgagees holding at least fifty -one percent (51 %) of the outstanding
mortgages on Lots within the Property and any land annexed thereto. Any amendment that has the effect of
(i)tenninating this Declaration or (ii) terminating the legal status of the Association shall require the written consent
of mortgagees holding at least sixty-seven percent (67 %) of the outstanding mortgages on Lots within the Property
and any land annexed thereto and subject to the written consent of the Village. Notwithstanding the foregoing, in the
event the Declarant desires to amend this Declaration: (x) to correct a technical or typographical error or to clarify
any provisions herein that are otherwise vague, or (y) for the sole purpose of causing the Declaration to comply with
form and substance as may be required by either the Federal Housing Authority (FHA) or the Veterans
Administration (VA) to enable the sales of Lots from the Property to qualify for the insurance by either such agency
of end mortgage loans made to Owners of such Lots, or as may be required to conform to the published manuals or
guidelines of any governmental, quasi - governmental or private agency engaged in the business of the purchase of
mortgage loans, including, but not limited to Federal Home Loan Mortgage Corporation (FHLMC) and Federal
National Mortgage Association (FNMA) for the purchase of mortgage loans made on Lots, or (z) for the sole
purpose of causing the Declaration to comply with the requirements of any statutes, ordinances, law or regulations
applicable thereto, it may do so by an instrument signed by Declarant without the consent of Owners, mortgagees,
FHA or VA, but shall give notice of any such amendments to all Owners, the FHA, the VA and all mortgagees of
Lots who have requested the same in writing. The failure to give such notice shall not affect the validity or
effectiveness of such amendment. Any amendment that affects the rights of the Village as set forth in this
Declaration must be consented to by the Village. In furtherance of the foregoing, a power coupled with an interest is
Page 16
hereby reserved to Declarant, as Attorney -in -Fact, to so amend the Declaration as provided in this Section 3, and
each deed, mortgage or other instrument with respect to a Lot and acceptance thereof' shall be deemed a grant and
acknowledgment of and a consent to such power to said Attorney -in Fact. Any amendment must be recorded with
the Office of the Recorder of Cook County, Illinois.
SECTION 4. Quorum. Unless otherwise specified to the contrary in any provision of this Declaration,
the presence of Members or of proxies entitled to cast ten percent (10 %) of the votes of each class of membership
shall constitute a quorum for any meeting of the Members of the Association.
If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the
notice requirements set forth in the By -Laws of the Association, and the required quorum at such subsequent meeting
shall be fifty percent (50 %) of the required quorum of the preceding meeting. No such subsequent meeting shall be
held more than sixty (60) days following the preceding meeting.
SECTION 5. FHA/VA Approval. As long as there is a Class B Member, the following actions will
require the prior approval of the Federal Housing Administration (FHA) or the Veterans Administration (VA):
(1) Annexation of additional land to the Property, or
(2) Amendment of this Declaration of Covenants, Conditions and Restrictions, except for amendments
made pursuant to Section 3(x),(y) or (z) above.
SECTION 6. Binding Effect. Each grantee of Declarant by the acceptance of a deed of conveyance, and
each purchaser under any contract for such deed of conveyance, accepts the same subject to all restrictions,
conditions, covenants, reservations, liens and charges and the jurisdiction, rights and powers created or reserved by
this Declaration, and all rights, benefits and privileges of every character hereby granted, created, reserved or
declared, and all impositions and obligations hereby imposed shall be deemed and taken to be covenants running
with the land, and shall bind any person having at any time any interest or estate in the land, and shall inure to the
benefit of such person in like manner as though the provisions of this Declaration were recited and stipulated at
length in each and every deed of conveyance, or in any mortgage or trust deed or other evidence of obligation, and
the rights described in this Section 4 or described in any other part of this Declaration shall be sufficient to create
and reserve such easements and rights to the respective grantees, mortgages and trustees of such Lot ownership as
fully and completely as though such rights were recited fully and set forth in their entirety in such documents.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal
on the date first written above.
ATTEST: Montalbano Builders, Inc.
Secretary
Jrg/montalbano /lemont entitlements /covenants- GlenOaks
Page 17
By:
President
STATE OF ILLINOIS )
) SS
COUNTY OF DUPAGE)
I, a Notary Public in and for said County, in the State aforesaid, DO HEREBY
CERTIFY that Anthony Montalbano, President and Secretary of, personally known to me to be the Montalbano
Builders, Inc. an Illinois corporation, and personally known to me to be the same person whose name is subscribed
to the foregoing instrument, appeared before me this day in person acknowledged that he signed and delivered the
said instrument as President and Secretary of said Corporation, pursuant to authority given by the Board of Directors
of said corporation, as his free and voluntary act and as the free and voluntary act and deed of said corporation, for
the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this day of , 2007.
Notary Public
Page 18
EXHIBIT "A"
To Declarations of Covenants, Conditions and Restrictions
The Property
Lots
Lots 1 through 250 inclusive in The Glen Oak Estates Subdivision, being a subdivision of the
approximately 132 -acre tract of property generally located at the southwest corner of 131st Street and
Parker Road in Lemont Township, Cook County, Illinois, with a common street address of 13400 Parker
Road, Lemont, Illinois 60439, is as follows:
PARCEL 1: THE SOUTH 1/2 OF THE SOUTHEAST 1/4 AND THE EAST 5 ACRES OF THE
SOUTH 1/4 OF THE SOUTHWEST 1/4 OF SECTION 34, TOWNSHIP 37 NORTH, RANGE
11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PARCEL 2: THAT PART OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 34, AFORESAID, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHEAST CORNER THEREOF; THENCE SOUTH, 10.02 -1/2 CHAINS; THENCE
WEST, 6.43 CHAINS, MORE OR LESS TO AN OLD ROAD; THENCE NORTH 17
DEGREES, 30 MINUTES EAST, 10.57 CHAINS; THENCE EAST, 3.28 CHAINS, MORE
OR LESS, TO THE POINT OF BEGINNING, ALL IN TOWNSHIP 37 NORTH, RANGE
11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PARCEL 3: LOT 1 OF THE EAST 1/2 OF LOTS 6 AND 7 IN COUNTY CLERK'S
DIVISION OF THE SOUTH 1/2 OF SECTION 34, TOWNSHIP 37 NORTH, RANGE 11,
EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT OF 5 ACRES OF LAND
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE
SOUTHEAST 1/4; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID
SOUTHEAST 1/4, A DISTANCE OF 425.0 FEET FOR A POINT OF BEGINNING;
THENCE WESTERLY AND PARALLEL TO THE NORTH LINE OF SAID SOUTHEAST
1/4, A DISTANCE OF 633.14 FEET; THENCE SOUTHERLY AND PARALLEL TO THE
EAST LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 344.0 FEET; THENCE
EASTERLY AND PARALLEL TO THE NORTH LINE OF SAID SOUTHEAST 1/4, A
DISTANCE OF 633.14 FEET TO A POINT IN THE EAST LINE OF SAID OF
SOUTHEAST 1/4; THENCE NORTHERLY ALONG THE EAST LINE OF SAID
SOUTHEAST 1/4, A DISTANCE OF 344.0 FEET TO THE POINT OF BEGINNING ALL IN
COOK COUNTY, ILLINOIS.
PARCEL 4: THAT PART OF LOTS 1 AND 6 IN COUNTY CLERK'S DIVISION OF THE
SOUTH 1/2 OF SECTION 34, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE
SOUTHERLY ALONG THE EAST LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF
425.0 FEET TO A POINT FOR THE POINT OF BEGINNING; THENCE WESTERLY AND
PARALLEL TO THE NORTH LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 633.14
FEET; THENCE SOUTHERLY AND PARALLEL TO THE EAST LINE OF SAID
SOUTHEAST 1/4, A DISTANCE OF 344.0 FEET; THENCE EASTERLY AND PARALLEL
TO THE NORTH LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 633.14 FEET TO A
POINT IN THE EAST LINE OF SAID SOUTHEAST 1/4; THENCE NORTHERLY ALONG
Page 19
THE EAST LINE OF SAID SOUTHEAST '/a, A DISTANCE OF 344.0 FEET TO THE
POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
Common Area
Lots 251 through 256 inclusive in The Glen Oak Estates Subdivision, being a subdivision of the
approximately 132 -acre tract of property generally located at the southwest corner of 131st Street and
Parker Road in the Village of Lemont, Lemont Township, Cook County, Illinois, with a common street
address of 13400 Parker Road, Lemont, Illinois 60439, is as follows:
PERMANENT INDEX NUMBERS:
THIS INSTRUMENT PREPARED BY:
Michael McGurn
General Counsel
Montalbano Builders, Inc.
1801 Meyers Road, Suite 500
Oak Brook Terrace, IL 60181
630 - 613 -2700
after recording mail to same - Attn: Michael McGurn
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