O-66-10 Ord. Amended Annex. Agrmt. Courtyards of BriarcliffeORDINANCE NO
,/0
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDED ANNEXATION
AGREEMENT FOR A TOWNHOME SUBDIVISION ON A 4.76 ACRE PARCEL LOCATED AT
12660 THORNBERRY DRIVE, IN LEMONT, IL
(Courtyards of Briarcliffe Estates)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 13th DAY OF SEPTEMBER, 2010
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, DuPage, and Will
Counties, Illinois this 13th
day of September, 2010.
ORDINANCE NO.0- 06 /0
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDED ANNEXATION
AGREEMENT FOR A TOWNHOME SUBDIVISION ON A 4.76 ACRE PARCEL LOCATED AT
12660 THORNBERRY DRIVE, IN LEMONT, IL
(Courtyards of Briarcliffe Estates)
WHEREAS, Lynette McNaughton (hereinafter referred to as the "Petitioner ") is the owner of the
subject property covering approximately 4.76 acres located at 12660 Thornberry Drive (PIN# 22- 30 -305-
008); and
WHEREAS, the subject property is a portion of the property previously annexed pursuant to a
certain Annexation Agreement dated June 10, 1996 as Ordinance No. 987 and recorded as Document No.
97730723 with the Cook County Recorder of Deeds as amended by an Amended and Restated Annexation
Agreement dated March 24, 2003 as Ordinance No. 0 -22 -03 and recorded as Document No. 0311419010
with the Cook County Recorder of Deeds; and,
WHEREAS, the Petitioner is desirous of Amending the Amended and Restated Annexation
Agreement dated March 24, 2003 as Ordinance No. 0 -22 -03 and recorded as Document No. 0311419010
with the Cook County Recorder of Deeds regarding the development and use of the subject property;
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 the President be and is hereby authorized and directed, and the Village Clerk is
directed to attest to a document known as the "Amendment to the Amended and Restated Annexation
Agreement - Courtyards of Briarcliffe Estates," a copy of which is attached hereto and made a part hereof.
Section 2. That this ordinance shall be in force and effect from and after its passage, approval, and
publication in pamphlet form as provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE AND WILL, ILLINOIS, ON THIS 13th
DAY OF SEPTEMBER, 2010.
Debby Blatzer
Paul Chialdikas
Clifford Miklos
Ron Stapleton
Rick Sniegowski
Jeanette Virgilio
Attest:
AYES NAYS ABSENT ABSTAIN
v
Approv
me this 13thdo.•
'i • ' RE • A5,
CHARLENE M. SMOLLEN, Village Clerk
ptember, 2010
illage President
AMENDMENT TO THE AMENDED AND RESTATED ANNEXATION
AGREEMENT COURTYARDS OF DRIARCLIFFE ESTATES
ARTICLE TITLE
I Definitions
II Amendment to the Amended and Restated Annexation
Agreement
III Zoning and Land Use Restrictions
■ Zoning and Development Plans
■ UDO Exceptions
■ Reversion of PUD & Zoning
■ Parking
• Other Standards
IV
V
Required Improvements
• Water Supply
• Sanitary and Storm Sewers
■ Other Improvements
Dedication and Construction of Streets
• Dedication and Acceptance of Streets
• Snow Plowing of Streets before Acceptance
• Debris
VI Construction of Other Improvements
VII Maintenance of Public Improvements & Common Areas
• Owners Guarantee
• Maintenance Bond
VIII Damage to Public Improvements
IX Contributions
X Easements and Utilities
XI Approval of Plans
XII Binding Effect and Term and Covenants Running with the
Land
XIII Notices
XIV Warranties and Representations
XV Continuity of Obligations
XVI No Waiver or Relinquishment of Right to Enforce
Agreement
XVII Village Approval or Direction
XVIII Singular and Plural
XIX Section Headings and Subheadings
XX Recording
XXI Authorization to Execute
XXII Amendment
XXIII Counterparts
XXIV Curing Default
XXV Conflicts between the Text and Exhibits
XXVI Severability
XXVII Reimbursement to Village for Legal and Other Fees /
Expenses
• To Effective Date of Agreement
• From and After Effective Date of Agreement
XXVIII Execution of Agreement
EXHIBIT TITLE
A Legal Description
B Plat of Survey, prepared by Thomas Cesal and dated 7 -27-
06.
C Preliminary Site Plan, prepared by DesignTek Engineering
Inc. and dated 2 -21 -07 with a revision date of 07- 12 -10.
ii
D
Building Setback Exhibit, prepared by DesignTek
Engineering Inc. and dated 2 -21 -07 with a revision date of
07- 12 -10.
Preliminary Engineering Plan, prepared by DesignTek
Engineering Inc. and dated 1 -26 -09 with a revision
date of 07- 12 -10.
Final Landscape Plan, prepared by Ives /Ryan Group Inc.
and dated 12 -22 -08 with a revision date of 08- 03 -10.
Character Elevations, prepared by BSB Design and dated
1- 26 -09.
Phasing Plan, prepared by DesignTek Engineering Inc.
and dated 04 -09 -07 with a revision date of 07- 12 -10.
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AMENDMENT TO THE AMENDED AND RESTATED ANNEXATION AGREEMENT
THIS AMENDMENT TO THE AMENDED AND RESTATED ANNEXATION
AGREEMENT, is made and entered into this day of , 2010, between the Village of
Lemont, a municipal corporation of the Counties of Cook, DuPage and Will, in the State of
Illinois (hereinafter referred to as "the VILLAGE "), Lynette McNaughton (hereinafter referred to
as "OWNER ") and McNaughton Development, Inc. (hereinafter referred to as "DEVELOPER ").
The VILLAGE and the OWNER/DEVELOPER 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 "SUBJECT PROPERTY "), comprising approximately 4.76 acres the legal description of
which is attached hereto as Exhibit A and by this reference made a part hereof; and
WHEREAS, the OWNER/DEVELOPER and the VILLAGE agree that they will be
bound by the terms of this Amendment; and
WHEREAS, the SUBJECT PROPERTY is a portion of the property previously annexed
and identified as the TERRITORY pursuant to a certain Annexation Agreement dated June 10,
1996 (the "1996 Annexation Agreement ") as Ordinance No. 987 and recorded as Document No.
97730723 with the Cook County Recorder of Deeds as amended by an Amended and Restated
Annexation Agreement dated March 24, 2003 as Ordinance No. 0 -22 -03 and recorded as
Document No. 0311419010 with the Cook County Recorder of Deeds (the "Amended and
Restated Annexation Agreement "); and,
WHEREAS, the OWNER/DEVELOPER is desirous of Amending the Amended and
Restated Annexation Agreement dated March 24, 2003 as Ordinance No. 0 -22 -03 and recorded
as Document No. 0311419010 with the Cook County Recorder of Deeds regarding the
development and use of the SUBJECT PROPERTY; and
WHEREAS, pursuant to the provisions of the Statute, the corporate authority of the
VILLAGE has taken all steps legally required, including but not necessarily limited to providing
notice and a hearing regarding the proposed Amendment to the Amended and Restated
Annexation Agreement; and
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants
hereinafter contained, the Parties agree as follows:
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I
DEFINITIONS
Except as modified herein, the Definitions set forth in the Amended and Restated Annexation
Agreement shall apply.
BUILDING CODE The code or codes governing the erection and maintenance of buildings.
COMMON AREA A parcel of land or an area of water, or combination thereof, and any
improvements thereon, within a designated development tract (such as a subdivision) which is
designed for common use or benefit and not reserved for the exclusive use or benefit of an
individual tenant or owner. Examples of common areas include, but are not limited to: green
open spaces, parking lots, and pedestrian walkways.
FINAL ENGINEERING PLAN A plan, signed and sealed by a licensed professional engineer
registered in the state of Illinois that meets the requirements for a final engineering plan in the
Unified Development Ordinance. A final engineering plan depicts all public and private support
facilities including, but not limited to: roads, sidewalks, drainage ditches, culverts and water
retention areas, sanitary sewers, storm sewers, water supply lines, and illumination.
FINAL LANDSCAPING PLAN A plan, signed and sealed by a registered landscape architect
that meets the requirements for a final landscape plan in the Unified Development Ordinance.
FINAL PLAT A plat of all or a portion of a subdivision or site plan that is presented to the
Village for final approval.
PLAT A document, prepared by a registered surveyor or engineer that delineates a tract of land,
showing the boundaries and locations of individual properties and streets.
PROPERTY A lot, parcel, tract or plot of land together with the buildings and structures
thereon.
PUBLIC IMPROVEMENT Any improvement, facility, or service together with its associated
site or right -of -way necessary to provide transportation, drainage, public or private utilities,
energy, or other essential services, or landscaping as indicated on the plans attached to this
Agreement.
UNIFIED DEVELOPMENT ORDINANCE Ordinance 0 -7 -08, as amended.
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II
AMENDMENT TO AMENDED AND RESTATED ANNEXATION AGREEMENT
The provisions set forth in the preamble above are incorporated into and made a part of
this Amendment.
The Amended and Restated Annexation Agreement is amended as provided herein in
relation to the SUBJECT PROPERTY. Except as expressly provided herein in relation to the
SUBJECT PROPERTY, the Amended and Restated Annexation Agreement shall remain in full
force and effect as regards the SUBJECT PROPERTY and the TERRITORY.
III
ZONING AND LAND USE RESTRICTIONS
Zoning & Development Plans. Within thirty (30) days after approval and execution of
this Amendment, the Village Board shall adopt such ordinances and take such actions as may be
legally required to effect the following approvals:
1. Rezone the SUBJECT PROPERTY to R -5 Single Family Attached Residential
District and to grant such further relief as provided herein.
2. Adopt a Planned Unit Development to permit development of the SUBJECT
PROPERTY in accordance with the following plans:
a. the Preliminary Site Plan, prepared by DesignTek Engineering Inc. and dated 2-
21-07 with a revision date of 7 -12 -10 attached hereto and incorporated herein as
Exhibit C; and
b. the Building Setback Exhibit, prepared by DesignTek Engineering and dated 2-
21-07 with a revision date of 7 -12 -10 attached hereto and incorporated herein as
Exhibit D; and
c. the Preliminary Engineering Plan, prepared by DesignTek Engineering Inc. and
dated 1 -26 -09 with a revision date of 7 -12 -10 attached hereto and incorporated
herein as Exhibit E; and
d. the Final Landscape Plan, prepared by Ives /Ryan Group Inc. and dated 12 -22 -08
with a revision date of 08 -03 -10 attached hereto and incorporated herein as
Exhibit F; and
e. the Character Elevations, prepared by BSB Design and dated 1 -26 -09 attached
hereto and incorporated herein as Exhibit G.
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f. the Phasing Plan, prepared by DesignTek Engineering Inc. and dated 04 -09 -07
with a revision date of 07 -12 -10 attached hereto and incorporated herein as
Exhibit H.
3. Grant the following exceptions from the Unified Development Ordinance as part
of the Planned Unit Development for the SUBJECT PROPERTY:
a. A variation shall be granted to UDO Section 17.06.030.A to allow a deck in the
front yard as shown on the front elevation of the Character Elevations, prepared
by BSB Design and dated 1- 26 -09.
b. Variations shall be granted to the required setbacks for the R -5 zoning district,
UDO Table 17- 0701, as illustrated on the preliminary plat.
c. A variation shall be granted to UDO Section 17.11.130.D.3 to allow a six foot tall
residential monument sign as noted on the Final Landscape Plan.
d. A variation shall be granted to UDO Section 17.25.020.A to allow a preliminary
landscape plan and a preliminary engineering plan without utility easements
noted. Said easements shall be added to all plans prior to final PUD plan approval.
The conditions of this Amendment relating to the development of the SUBJECT
PROPERTY incorporated herein by reference and made a condition to the grant of this special
use zoning for the planned unit development shall survive the expiration of this Amendment and
shall remain in effect unless or until the zoning of the property has been altered in accordance
with law.
Reversion of PUD and Zoning. The Planned Unit Development approval, and the bulk
exceptions granted therein, shall lapse in the event the OWNER/DEVELOPER does not file a
complete application for a PUD final plan /plat for the SUBJECT PROPERTY within one (1)
year of the effective date of this Amendment. In the event the OWNER/DEVELOPER does not
file a complete application for a PUD final plan/plat within one year of the effective date of this
Amendment the zoning of the SUBJECT PROPERTY shall revert to the R -1 Single - Family
Detached Residential zoning district.
Parking. No on- street parking shall be permitted on the 20 -foot wide private drives as
drawn on Exhibit E. On the 27 -foot wide private drive on- street parking shall be limited to one
side of the street.
Phasing. The SUBJECT PROPERTY shall be developed in three phases. Phase One
shall include four (4) units, phase two shall include fifteen (15) units and phase three shall
include fifteen (15) units. The OWNER/DEVELOPER shall submit an application for PUD
final plan /plat approval for each phase. However, the complete final engineering plan for the
entire SUBJECT PROPERTY shall be submitted to the Village concurrently with the
application for phase one PUD final plan/plat approval.
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Other Standards. The Village agrees that the above standards shall govern with respect to
the development of the SUBJECT PROPERTY in any case in which the standards of the
Unified Development Ordinance now or hereafter shall conflict with the standards listed above.
The Village agrees that the above standards shall govern with respect to development of the
SUBJECT PROPERTY in any case in which there are no applicable standards provided in the
Unified Development Ordinance. In any case in which the Unified Development Ordinance
contains applicable standards that do not conflict with the above standards, the standards of the
Unified Development Ordinance shall govern with respect to the development of the SUBJECT
PROPERTY.
It is understood and agreed, except as otherwise provided for herein, the Unified
Development Ordinance, Building Code and all other ordinances including all fees and charges
of the VILLAGE, shall not be frozen during the term of this Amendment, and such ordinances,
as the same may from time to time be amended and enforced throughout the VILLAGE, shall
apply to the SUBJECT PROPERTY. In the case of a comprehensive amendment to the
VILLAGE'S Zoning Ordinance, the SUBJECT PROPERTY shall be designated the zoning
district most comparable to the R -5 zoning district.
IV
REQUIRED IMPROVEMENTS
Water Supply. Unless otherwise approved as part of this Amendment, the
OWNER/DEVELOPER shall construct and install at their expense all necessary water mains to
service the SUBJECT PROPERTY. All water mains shall be constructed and installed in
accordance with the Unified Development Ordinance of the VILLAGE and final engineering
plans approved by the VILLAGE. The VILLAGE agrees to permit connection of the
aforementioned water mains to the water facilities of the VILLAGE and to furnish water service
on the same basis as said services are furnished to other parts of the VILLAGE. Tap -on fees
required by the Village shall not be waived. All looped water mains eight inches in diameter or
greater shall be owned and maintained by the Village. All other water service lines shall be
owned and maintained by the HOMEOWNERS ASSOCTIATION.
Sanitary and Storm Sewers. Unless otherwise approved as part of this Amendment, the
OWNER/DEVELOPER shall construct and install at their expense all necessary sanitary and
storm sewers to service the SUBJECT PROPERTY in accordance with the Unified Development
Ordinance of the VILLAGE and final engineering plans approved by the VILLAGE. The
VILLAGE agrees to permit connection of the aforementioned sanitary sewers to the sanitary
sewer facilities of the VILLAGE and to furnish sewer service on the same basis as said services
are furnished to other parts of the VILLAGE. OWNER/DEVELOPER agrees that no surface
water is to be discharged into the sanitary sewerage collection system and will make adequate
provisions that this will not occur. Tap -on fees required by the Village shall not be waived. All
storm sewers shall be owned and maintained by the HOMEOWNERS ASSOCIATION, with
right of access by the Village for emergency management purposes. All sanitary sewers eight
5
inches in diameter or greater shall be owned and maintained by the Village. All other sanitary
sewers shall be owned and maintained by the HOMEOWNERS ASSOCIATION.
Other Improvements. Unless otherwise approved as part of this Amendment, the
OWNER/DEVELOPER agrees to construct and install at their expense all other improvements in
accordance with the requirements of the Unified Development Ordinance of the VILLAGE and
final engineering plans approved by the VILLAGE.
V
DEDICATION AND CONSTRUCTION OF STREETS
Dedication and Acceptance of Streets. The OWNER/DEVELOPER shall design streets
within the SUBJECT PROPERTY according to Article III of this Amendment that comply with
the standards of the VILLAGE Unified Development Ordinance for local streets. All streets
within the SUBJECT PROPERTY when developed shall be conveyed to and shall remain the
property of the Homeowner's Association. Said streets shall be constructed in accordance with
the final engineering plans approved by the Village.
The OWNER/DEVELOPER shall provide access to each residential unit. The
Homeowner's Association shall accept ownership of said street right -of -way and of streets,
parkway trees, and public sidewalks upon the completion by the OWNER/DEVELOPER of said
improvements in accordance with the Village's construction standards and Unified Development
Ordinance, as modified by the Agreement. It is understood that in constructing the streets and
public sidewalks the OWNER/DEVELOPER shall post a letter of credit consistent with the
requirements of Article VI of this Amendment, after which the OWNER/DEVELOPER may
proceed to construct said streets. The final wearing surface of the streets shall not be installed
until a period of twelve (12 months) after installation of the base course. Upon installation of the
base course, the letter of credit may be reduced to an amount sufficient to cover the work yet to
be performed (with applicable multiplier), plus the amount of the maintenance bond. Upon
completion of streets, and after inspection and approval by the VILLAGE Engineer or VILLAGE
Engineer Consultant, the letter of credit shall be released; however, the OWNER/DEVELOPER
shall be responsible for correcting deficiencies in material, installation, and equipment for a
period of two (2) years after Village approval or until five of the seven buildings on the
SUBJECT PROPERTY have been constructed, whichever is later. To secure that obligation the
OWNER/DEVELOPER shall post for a period of two (2) years thereafter or until five of the
seven buildings on the SUBJECT PROPERTY have been constructed, whichever is later, a
maintenance bond or other security to cover possible repairs to said streets. For the purposes of
this Section, buildings shall be considered constructed upon substantial completion of all exterior
improvements; construction shall not be contingent upon completion of interior improvements or
occupancy of any dwelling unit.
After completion of the construction of any street, and if construction traffic of the
OWNER/DEVELOPER continues to utilize that street, the OWNER/DEVELOPER shall be
6
responsible for keeping the street free from construction debris and for repair of damages to the
street caused by the OWNER/DEVELOPER's construction traffic. Except as otherwise provided
herein, after completion of the construction of any street within the SUBJECT PROPERTY, the
HOMEOWNERS ASSOCIATION shall provide for street cleaning, snow removal, refuse
collection, and other maintenance thereon, as well as the maintenance of all public sidewalks and
parkway trees within the SUBJECT PROPERTY. All deliveries of construction supplies or
materials shall be restricted to certain streets or temporary haul roads designated by the
VILLLAGE.
Snow Plowing of Streets before Acceptance. The OWNER/DEVELOPER and the
VILLAGE acknowledge that until the streets of the SUBJECT PROPERTY are accepted by the
Homeowner's Association, the OWNER/DEVELOPER shall have the sole obligation to keep the
streets plowed of ice and snow (snowplowed). It is agreed, however that for any platted
subdivision that shall be or is likely to be occupied in whole or in part for a winter season, in the
event the OWNER/DEVELOPER fails to properly remove snow in a timely manner, the
VILLAGE, at its option, may keep the streets snowplowed for that season.
The VILLAGE shall have the right, but not the obligation, to remove snow from the
development in the event the VILLAGE determines that the OWNER/DEVELOPER has failed
to properly remove snow in a timely manner. In such event, the OWNER/DEVELOPER shall,
within 30 days of notice, deposit with the VILLAGE an irrevocable letter of credit in a form
acceptable to the VILLAGE to guarantee payment of the amount estimated by the VILLAGE to
be needed to provide such service for the season. At the end of the snow season, the VILLAGE
will release the amount of the letter of credit providing all payments due to the VILLAGE have
been made. During the season, the VILLAGE shall allow the amount of the letter to be reduced
provided that the amount in the letter of credit is not reduced below the level anticipated to be
expended based on the current best -cost estimate. The OWNER/DEVELOPER shall be
obligated to pay the actual reasonable cost to the VILLAGE of its snowplowing services within
the SUBJECT PROPERTY rather than the amount of an estimate. Payment shall be made within
ten days from the date of the bill.
Debris. The OWNER/DEVELOPER shall be required to keep all streets within and
adjoining the SUBJECT PROPERTY free from mud and debris generated by any new
construction activity on the SUBJECT PROPERTY.
VI
CONSTRUCTION OF OTHER IMPROVEMENTS
The construction and installation of the public improvements to be done by
OWNER/DEVELOPER may be commenced at any time after the OWNER/DEVELOPER
received a site development permit from the VILLAGE and has delivered to the VILLAGE an
irrevocable letter of credit, in a form satisfactory to, and from a bank or other financial institution
approved by the VILLAGE in the amount of 115% of the OWNER/DEVELOPER Engineer's
7
estimate of the cost of construction and installation of all such public improvements as approved
by the VILLAGE Engineer, including all lighting, streets, sidewalks, landscaping, street trees,
sewer and water lines and storm water management facilities as required by the approved plans.
At no time shall the Letter of Credit funds be utilized by the OWNER/DEVELOPER for the
future payment of contractors, materials, salaries and wages, and the like. The VILLAGE makes
no guarantees regarding the timely reduction of said Letter of Credit and therefore should not be
used for time - sensitive payment purposes. The VILLAGE Engineer may, in his /her discretion,
recommend the amount of said letter of credit to be reduced, from time to time, as major public
improvements are completed, upon approval of the VILLAGE Board. Any letter of credit for
public improvements which are to be privately owned and maintained shall be released upon
completion of said improvements, 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. Any letter of
credit for public improvements which are to become the property of the VILLAGE shall be
released after acceptance of said improvements by the Village Board.
The OWNER/DEVELOPER, at the OWNER/DEVELOPER'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 the Unified Development Ordinance as amended.
A portion of the water and sewer improvements, as detailed in Article IV of this
Amendment shall, upon acceptance thereof by the VILLAGE, become the property of VILLAGE
and be integrated with the municipal facilities now in existence or hereinafter constructed and
VILLAGE thereafter agrees to maintain said public improvements. Acceptance of said public
improvements shall be by resolution of the President and Board of Trustees only after the
VILLAGE Engineer or VILLAGE Engineer Consultant has issued his Certificate of Inspection
affirming the improvements have been constructed in accordance with approved Engineering
Plans and Specifications. OWNER/DEVELOPER agrees to convey by appropriate instrument
and VILLAGE agrees to promptly accept, subject to terms hereof, the public improvements
constructed in accordance with the Approved Engineering Plans and Specifications. All other
public improvements on the SUBJECT PROPERTY shall, after completion, become the property
of the HOMEOWNERS ASSOCIATION.
The OWNER/DEVELOPER agrees not to let debris or excessive construction waste
accumulate on the SUBJECT PROPERTY.
VII
MAINTENANCE OF PUBLIC IMPROVEMENTS & COMMON AREAS
Owners Guarantee. The OWNER/DEVELOPER hereby guarantees the prompt and
satisfactory correction of all defects and deficiencies in the improvements that occur or become
evident within the time period described in this Section of the Amendment. If any defect or
deficiency occurs or becomes evident during the time period described in this Section of the
8
Amendment, then the OWNER/DEVELOPER shall, after ten days' prior written notice from the
VILLAGE (subject to Force Majeure), correct it or cause it to be corrected.
If any public improvements or common areas within the SUBJECT PROPERTY are to be
privately owned and maintained, then the OWNER/DEVELOPER shall, at its sole cost and
expense, maintain the improvements and areas within the SUBJECT PROPERTY without any
modification, except as specifically approved by the VILLAGE, in a first -rate condition at all
times unless an owners' association is established and assumes responsibility for improvements
or areas. In the event the VILLAGE determines, in the VILLAGE'S sole and absolute discretion,
that the OWNER/DEVELOPER is not adequately maintaining, or has not adequately maintained,
any improvement or area, the VILLAGE shall have the right, but not the obligation, after ten
days' prior written notice to the OWNER/DEVELOPER, to enter on any or all of the SUBJECT
PROPERTY for the purpose of performing maintenance work on any affected improvement or
area. In the event that The VILLAGE shall cause to be performed any work pursuant to this
Section VII the VILLAGE shall have the right to draw from the performance securities deposited
pursuant to this Section of the Amendment, or the right to demand immediate payment directly
from the OWNER/DEVELOPER based on costs actually incurred or on the VILLAGE'S
reasonable estimates of costs to be incurred, an amount of money sufficient to defray the entire
costs of the work, including without limitation legal fees and administrative expenses. The
OWNER/DEVELOPER shall, after demand the VILLAGE, pay the required amount to the
VILLAGE.
If an owners' association is established and assumes responsibility for any public
improvements and /or common areas within the SUBJECT PROPERTY, the owners' association
shall, at its sole cost and expense, maintain the improvements and areas without any
modification, except as specifically approved by the VILLAGE, in a first -rate condition at all
times. In the event the VILLAGE determines, in the VILLAGE'S sole and absolute discretion,
that the owners' association is not adequately maintaining, or has not adequately maintained, any
improvement or area, the VILLAGE shall have the right, but not the obligation, after ten days'
prior written notice to the owners' association, to enter on any or all of the SUBJECT
PROPERTY for the purpose of performing maintenance work on any affected improvement or
area. In the event that the VILLAGE shall cause to be performed any work pursuant to this
Section VII the VILLAGE shall have the right (i) to assess the membership of the owners'
association for that work, (ii) to file a lien against the property of the owners' association or the
property of any member failing to pay the assessment, and (iii) to enforce the lien in the manner
provided by law for mortgage foreclosure proceedings, or alternatively (iv) to draw from the
performance securities deposited pursuant to this Section of the Amendment.
Maintenance Bond. At the time or times of acceptance by the VILLAGE of the
installation of any part, component, or all of any public improvement to be owned and
maintained by the VILLAGE in accordance with this Amendment, the OWNER/DEVELOPER
shall deposit with the VILLAGE a maintenance bond in the amount of ten percent (10 %) 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 twenty -four (24)
months after completion and acceptance of all improvements. In the event of a defect in material
9
and /or workmanship within said period, then said security shall not be returned until correction
of said defect and acceptance by the VILLAGE of said corrections.
At the time of approval by the VILLAGE Engineer or VILLAGE Engineer Consultant of the
installation of any part, component, or all of any public improvement which is to be privately
owned and maintained, improvement in accordance with this Section, or any other section of the
Amendment, the OWNER/DEVELOPER shall deposit with the VILLAGE a maintenance bond
in the amount of ten percent (10 %) of the cost of the installation of the public improvement.
This bond shall be deposited with the VILLAGE and shall be held by the VILLAGE for a period
of two (2) years after completion and approval of all improvements, or until five of the seven
buildings on the SUBJECT PROPERTY have been constructed. For the purposes of this
Section, buildings shall be considered constructed upon substantial completion of all exterior
improvements; construction shall not be contingent upon completion of interior improvements or
occupancy of any dwelling unit. In the event of a defect in material and /or workmanship within
said period, then said security shall not be returned until correction of said defect and approval by
the VILLAGE of said corrections.
VIII
DAMAGE TO PUBLIC IMPROVEMENTS
The OWNER/DEVELOPER shall replace and repair any damage to public improvements
installed within, under or upon the subject realty resulting from construction activities by
OWNER/DEVELOPER, their successors or assigns and their employees, agents, contractors or
subcontractors during the term of this Amendment. The OWNER/DEVELOPER shall have no
obligation hereunder with respect to damage resulting from ordinary usage, wear and tear.
IX
CONTRIBUTIONS
The SUBJECT PROPERTY shall be developed in three phases. For each phase, the
OWNER/DEVELOPER shall make cash contributions at the time a Final Plan /Plat application is
filed with the VILLAGE, in accordance with the ordinances of the VILLAGE. If a complete
Final Plan /Plat application is filed within three (3) years of the effective date of this Amendment,
the required contributions shall be as follows:
Phase One — 4 units
• Parks & Recreation — OWNER/DEVELOPER shall pay $13,146.00 for the benefit of
parks and recreation.
• Lemont - Bromberek School District 113A — OWNER/DEVELOPER shall pay
$2,891.73 for the benefit of the Lemont - Bromberek School District 113A.
10
• Lemont Township High School District 210 — OWNER/DEVELOPER shall pay
$776.00 for the benefit of the Lemont Township High School District 210.
• Lemont Fire Protection District — OWNER/DEVELOPER shall pay $400.00 for the
benefit of the Lemont Fire Protection District.
• Lemont Library District — OWNER/DEVELOPER shall pay $399.73 for the benefit of
the Lemont Library District.
• Public Safety Impact Fee — OWNER/DEVELOPER shall pay $4,000.00 to the
VILLAGE for a public safety impact fee.
Phase Two —15 units
• Parks & Recreation — OWNER/DEVELOPER shall pay $49,599.00 for the benefit of
parks and recreation.
• Lemont - Bromberek School District 113A — OWNER/DEVELOPER shall pay
$11,112.31 for the benefit of the Lemont - Bromberek School District 113A.
• Lemont Township High School District 210 — OWNER/DEVELOPER shall pay
$2,952.00 for the benefit of the Lemont Township High School District 210.
• Lemont Fire Protection District — OWNER/DEVELOPER shall pay $1,500.00 for the
benefit of the Lemont Fire Protection District.
• Lemont Library District — OWNER/DEVELOPER shall pay $1,508.14 for the benefit
of the Lemont Library District.
• Public Safety Impact Fee — OWNER/DEVELOPER shall pay $15,000.00 to the
VILLAGE for a public safety impact fee.
Phase Three —15 units
• Parks & Recreation — OWNER/DEVELOPER shall pay $48,996.00 for the benefit of
parks and recreation.
• Lemont - Bromberek School District 113A — OWNER/DEVELOPER shall pay
$10,575.67 for the benefit of the Lemont - Bromberek School District 113A.
• Lemont Township High School District 210 — OWNER/DEVELOPER shall pay
$2,868.00 for the benefit of the Lemont Township High School District 210.
• Lemont Fire Protection District — OWNER/DEVELOPER shall pay $1,500.00 for the
benefit of the Lemont Fire Protection District.
• Lemont Library District — OWNER/DEVELOPER shall pay $1,489.81 for the benefit
of the Lemont Library District.
• Public Safety Impact Fee — OWNER/DEVELOPER shall pay $15,000.00 to the
VILLAGE for a public safety impact fee.
11
If a complete Final Plan /Plat application for any phase is submitted to the VILLAGE
more than three (3) years after the effective date of this Amendment, the aforesaid contributions
shall be paid in amounts calculated in accordance with the terms of the ordinances of the
VILLAGE in effect at the time such final plan or Plat is submitted to the VILLAGE.
The OWNER/DEVELOPER agrees that any and all contributions, dedications, donations,
and easements provided for in this Amendment substantially advance legitimate governmental
interests of the VILLAGE, including but not limited to, providing its residents, and in particular
the future residents of the SUBJECT PROPERTY, with access to and use of public facilities,
libraries, schools, parks and recreational facilities, police protection, and emergency services.
The OWNER/DEVELOPER further agrees that the contributions, dedications, donations and
easements required by this Amendment are uniquely attributable to, reasonably related to, and
made necessary by the development of the SUBJECT PROPERTY.
X
EASEMENTS AND UTILITIES
The OWNER/DEVELOPER agrees to grant to the VILLAGE, and /or obtain grants to the
VILLAGE of, all necessary easements for the extension of sewer, water, street, or other utilities,
including cable television, or for other improvements, subject to the provisions of the Unified
Development Ordinance which may serve not only the SUBJECT PROPERTY, but other
property in the general area, if requested by the VILLAGE in the future.
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/DEVELOPER to obtain all easements, both on site and off site, necessary to serve the
SUBJECT PROPERTY.
All electricity, telephone, cable television and gas lines shall be installed underground,
the location of which underground utilities shall be at the OWNER/DEVELOPER's option, upon
approval of the respective utility company.
XI
APPROVAL OF PLANS
The VILLAGE agrees to expeditiously take action to approve or disapprove all plats,
plans, and engineering submitted to VILLAGE by the OWNER/DEVELOPER. If the VILLAGE
shall determine that any such submission is not in substantial accordance with this Amendment
and applicable ordinances, the VILLAGE shall promptly notify the OWNER/DEVELOPER in
writing of the specific objection to any such submission so that the OWNER/DEVELOPER can
make any required corrections or revisions.
12
XII
BINDING EFFECT AND TERM AND COVENANTS RUNNING WITH THE LAND
This Amendment shall be binding upon and inure to the benefit of the parties hereto,
successor OWNER/DEVELOPERS of record of the SUBJECT PROPERTY, assignees, lessees,
and upon any successor municipal authorities of said VILLAGE and successor municipalities, for
a period of 20 years from the date of execution hereof.
The terms and conditions of this Amendment relative to the payment of monies to the
various VILLAGE recapture funds, contributions to the VILLAGE construction and /or
dedication of public improvements, granting of easements to the VILLAGE, dedication of rights -
of -way to the VILLAGE and the development standards established herein shall constitute
covenants which shall run with the land.
It is further agreed that any party to this Amendment, either in law or in equity, by suit,
action, mandamus, or other proceeding may enforce or compel the performance of this
Amendment, or have other such relief for the breach thereof as may be authorized by law or that
by law or in equity is available to them.
XIII
NOTICES
Unless otherwise notified in writing, all notices, requests and demands shall be in writing
and shall be personally delivered to or mailed by United States Postal Service certified mail,
postage prepaid and return receipt requested, as follows:
For the VILLAGE:
Village President
418 Main Street
Lemont, IL 60439
and
Village Clerk
418 Main Street
Lemont, IL 60439
and
Village Administrator
13
418 Main Street
Lemont, IL 60439
For OWNER:
Lynette McNaughton
c/o McNaughton Development Inc.
13500 Circle Drive
Orland Park, IL 60462
For DEVELOPER:
McNaughton Development Inc.
13500 Circle Drive
Orland Park, IL 60462
Or such other addresses that any party hereto may designate in writing to the other parties
pursuant to the provisions of this Section.
XIV
WARRANTIES AND REPRESENTATIONS
The OWNER/DEVELOPER represents and warrants to the VILLAGE as follows:
That Lynette McNaughton identified on page 1 hereof is the OWNER as legal title
holder; and
That there are no mortgages, liens, or other security interests affecting title to the
SUBJECT PROPERTY or any part thereof.
That the OWNER/DEVELOPER proposes to develop the SUBJECT PROPERTY in the
manner contemplated under this Amendment; and
That other than the OWNER/DEVELOPER, no other entity or person has any interest in
the SUBJECT PROPERTY or it development as herein proposed; and
That the OWNER/DEVELOPER has provided the legal description of the SUBJECT
PROPERTY set forth in this Amendment and the attached exhibits and that said legal description
and exhibits are accurate and correct.
14
XV
CONTINUITY OF OBLIGATIONS
Notwithstanding any provisions of this Amendment to the contrary, including but not
limited to the sale and /or conveyance of all or any part of the SUBJECT PROPERTY by the
OWNER/DEVELOPER, the OWNER/DEVELOPER shall at all times during the term of this
Amendment remain liable to VILLAGE for the faithful performance of all obligations imposed
upon them by this Amendment until such obligations have been fully performed or until
VILLAGE, at its sole option, has otherwise released OWNER/DEVELOPER and from any or all
of such obligations.
XVI
NO WAIVER OR RELINQUISHMENT OF RIGHT TO ENFORCE AGREEMENT
Failure of any party to this Amendment 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.
XVII
VILLAGE APPROVAL OR DIRECTION
Where VILLAGE approval or direction is required by this Amendment, such approval or
direction means the approval or direction of the Corporate Authorities of the VILLAGE unless
otherwise expressly provided or required by law, and any such approval may be required to be
given only after and if all requirements for granting such approval have been met, unless such
requirements are inconsistent with this Amendment.
XVIII
SINGULAR AND PLURAL
Wherever appropriate in this Amendment, the singular shall include the plural, and the
plural shall include the singular.
15
XIX
SECTION HEADINGS AND SUBHEADINGS
All section headings or other headings in this Amendment 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.
XX
RECORDING
A copy of this Amendment and any amendments thereto shall be recorded by the
VILLAGE at the expense of the OWNER/DEVELOPER within 30 days after the execution
hereof.
XXI
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 Amendment. The
OWNER/DEVELOPER, 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 Amendment on behalf of
the respective parties.
XXII
AMENDMENT
This Amendment 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 Amendment shall be binding upon
the parties hereto unless authorized in accordance with law and reduced in writing and signed by
them.
16
XXIII
COUNTERPARTS
This Amendment may be executed in two or more counterparts, each of which taken
together, shall constitute one and the same instrument.
XXIV
CURING DEFAULT
It is understood by the parties hereto that time is of the essence of this Amendment. The
parties to this Amendment reserve a right to cure any default hereunder within fifteen (15) days
from written notice of such default.
XXV
CONFLICT BETWEEN THE TEXT AND EXHIBITS
In the event of a conflict in the provisions of the text of this Amendment and the Exhibits
attached hereto, the text of the Agreement shall control and govern.
XXVI
SEVERABILITY
If any provision of this Amendment is held invalid by a court of competent jurisdiction or
in the event such court shall determine that the VILLAGE does not have the power to perform
any such provisions, such provision shall be deemed to be excised here from and the invalidity
thereof shall not affect any of the other provisions contained herein, and such judgment or decree
shall relieve the VILLAGE from performance under such invalidity thereof shall not affect any of
the other provisions contained herein, and such judgment or decree shall relieve the VILLAGE
from performance under such invalid provision of this Amendment.
XXVII
REIMBURSEMENT TO VILLAGE FOR LEGAL AND OTHER FEES / EXPENSES
To Effective Date of Agreement. The OWNER/DEVELOPER, concurrently with
annexation and zoning of the SUBJECT PROPERTY or so much thereof as required, shall
reimburse the VILLAGE for the following expenses incurred in the preparation and review of
this Amendment, and any ordinances, letters of credits, plats, easements or other documents
relating to the SUBJECT PROPERTY:
17
all attorney's fees incurred by the VILLAGE; and
Miscellaneous VILLAGE expenses, such as legal publication costs, recording fees and
copying expenses; and
From and After Effective Date of Agreement. Except as provided in the paragraph
immediately following this paragraph, upon demand by VILLAGE made by and through its
President, the OWNER/DEVELOPER from time to time shall promptly reimburse VILLAGE,
for all enumerated reasonable expenses and costs incurred by VILLAGE in the administration of
the Agreement, including and limited to engineering fees, cost of any easements, attorney's fees
and out of pocket expenses involving various and sundry matters such as, but not limited to,
preparation and publication, if any, of all notices, resolutions, ordinances, and other documents
required hereunder, and the negotiation and preparation of letters of credit and escrow
agreements to be entered into as security for the completion of land improvements.
Such costs and expenses incurred by the VILLAGE in the administration of the
Agreement shall be evidence to the OWNER/DEVELOPER upon its request, by a sworn
statement of the VILLAGE; and such costs and expenses may be further confirmed by the
OWNER/DEVELOPER at its option from additional documents relevant to determining such
costs and expenses as designated from time to time by the OWNER/DEVELOPER.
Notwithstanding the immediately preceding paragraph, OWNER/DEVELOPER shall in
no event be required to reimburse VILLAGE or pay for any expenses or costs of VILLAGE as
aforesaid more than once, whether such are reimbursed or paid through special assessment
proceedings, through fees established by VILLAGE ordinances or otherwise.
In the event that any third party or parties institute any legal proceedings against the
OWNER/DEVELOPER and /or the VILLAGE, which relate to the validity or any terms of this
Amendment, then, in that event, the OWNER/DEVELOPER, upon written notice from
VILLAGE, shall assume, fully and vigorously, the entire defense of such lawsuit and the
expenses of whatever nature relating thereto, provided, however:
The OWNER/DEVELOPER shall not make any settlement or compromise of the
lawsuit, or fail to pursue any available avenue of appeal of any adverse judgment, without the
approval of the VILLAGE, which approval shall not be unreasonable withheld; and
If the Village, in its sole discretion, determines there is or may probably be, a
conflict of interest between the VILLAGE and the OWNER/DEVELOPER, on an issue of
importance to the VILLAGE having a potentially substantial adverse affect on the VILLAGE,
then the VILLAGE shall have the option of being represented by its own legal counsel. In the
event the VILLAGE exercises such option, then the OWNER/DEVELOPER shall reimburse the
VILLAGE from time to time on written demand from the President of the VILLAGE and notice
of the amount due for any expenses, including but not limited to court costs, reasonable
attorney's fees and witnesses' fees and other expenses of litigation, incurred by the VILLAGE in
connection therewith. The obligation of the OWNER/DEVELOPER to reimburse the VILLAGE
under the terms of this subparagraph 2 shall terminate if no such legal proceedings are brought
18
within one (1) year from the date of the annexation of the SUBJECT PROPERTY and, further,
such obligation of reimbursement shall not apply if such legal proceedings are based upon
alleged errors, omissions or unlawful conduct of the VILLAGE and not the
OWNER/DEVELOPER.
In the event the VILLAGE institutes legal proceedings against the
OWNER/DEVELOPER for violation of this Amendment, and secured a judgment in its favor, or
by settlement, the OWNER/DEVELOPER shall pay all expenses of such legal proceedings
incurred by the VILLAGE, including but not limited to, the court costs and reasonable attorney's
fees, etc., incurred by the VILLAGE in connection therewith.
19
EXECUTION OF AGREEMENT
This Amendment shall be signed last by the VILLAGE and the President of the
VILLAGE shall affix the date on which he signs this Amendment on page 1 hereof which date
shall be the effective date of this Amendment.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed on
the day and year first above written.
ATTEST:
Village C erk
OWNER:
Lyne e McNaught n
By G ► L�'-
VILLAGE OF ONT
an Illinoi cipal Corporation
r
illage President
20
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 BRIAN K. REAVES, 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.
G :N under my hand and official seal, this i'3 day of
Not. P, blic
My commis4o1 expires on
OFFICIAL SEAL
ROSEMAY YATES
NOTARY PUEIJC, STATE OF ILLINOIS
STATE OF
) SS
COUNTY OF C"g" )
, 20
20
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY
CERTIFY that the above -named Or N c r-r e- £ . fv`L g.4 a 6-tf ; G. • , personally known to me
to be the same persons whose names are subscribed to the foregoing instrument appeared before
me this day in person and acknowledged that they signed and delivered the said instrument as
their own free and voluntary act for the uses and purposes therein set forth.
GIVEN under my hand and official seal, this 1 U's day of
My commission expires on
Notary Public
,20(3.
OFFICIAL SEAL
KATHLEEN A NAKUTIS
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES:12/17113
21
0 /0
STATE OF -- )
) SS
COUNTY OF e 't- t-- )
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY
pet CERTIFY that the above -named ie. 144cAlif- ktc- 1- rz': -i , personally known to me
to be the same persons whose names are subscribed to the foregoing instrument appeared before
me this day in person and acknowledged that they signed and delivered the said instrument as
their own free and voluntary act for the uses and purposes therein set forth.
GIVEN under my hand and official seal, this /° `"-" day of , 20 /0
My commission expires on / y f 0.7
,20 / 3 .
Notary Public
OFFICIAL SEAL
KATHLEEN A NAKUTIS
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXP1 iES:12/17/13
22
EXHIBIT A
LEGAL DESCRIPTION
LOT 129 IN BRIARCLIFFE, BEING A SUBDIVISION OF PART OF THE WEST HALF OF
THE NORTHWEST FRACTIONAL 1/4 AND THE WEST %2 OF THE SOUTHWEST
FRACTIONAL 1/4 OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY ILLINOIS.
5
Exhibit B
PLAT OF SURVEY
„‘
OLNOWARN:
,V,I.VIT4.8,___-VAIV7 "
PRIADam, van
onsma WS>P01.1 Oe.Jtozle. Inc
Exhibit C
PRELIMINARY SITE PLAN
FOR
COURTYARDS OF BRIARCLIFFE ESTATES
LOCATION MAP
NM TO SCALE
LECAI. DESCRIPTION:
8[57 1-IXIS or 'RE WARMEST rrucnoN. mo
PLAN m CESCATTO TOMS AREA ASO MRCS
ssLoss s7,
NDATA: rMOWS°SR OM ACRES /ACRES YO AMA Cr Kee /1
OESSYSTMONONO �,v .�a. P� :t.O.SOn..
UUILDINC SEPARATION/SETBACKS:
RCM MM.
SCE REM.
COMM SDC NAPO MM. TV
IMPERVIOUS CALCULATION:
1014. AREA
MOISES
:N ADAM
SISSSOOSIE MAKE
NAPENROISS PERCENT. MIT .CeeD
LEMONT, ILLINOIS
[ � N■ :e! �.
M. Rupp
Milt MINA MAIN
Aso lisar0
1♦!�!
limIII Ilii �°
1iIII�IIulI
EASEMENTS,
EMENTS,
EASI OF 10
SO MO SOY M OffSee MOM DREAMER
SIDEWALKS:
REVIEW SET
NOT FOR CONSTRUCTION
3
A 0
n
DEI
J
Exhibit D
BUILDING SETBACK EXHIBIT
FOR
COURTYARDS AT BRIARCLIFFE ESTATES
PROJECT
LOCATION
LOCATION MAP
NOT TO SCALE
LEGAL DESCRIPTION:
129 0/ 1 s0 ,/ R . saw.Esmai c.m '/I/ 10c0 m[
30. 701INSKI 37 WPM WI. II [ASV Of
PLAN DATA:
'41:2;27 not GTO rz
N.9DCw uom Pao./
1.9NEX44.40/40 POW 000.4)
16 COVE,.. PIA PROPOSED PLAN
WIN
BUILDING SEPARATION/SETBACES:
SOL AMA.
026 ACRES
041 A.01/5
- 00`10%:0
IMPERVIOUS CALCULATION:
W.M.C4.45 ARFA .. tit ACRES
MONIS
SMUTS • 0.37 AVIS
• 0.31 ACRES
LEMONT, ILLINOIS
l L
sa 1
.� �mmmm.m
IMP. CI i CZ
I =l 3 CZ
I ®®1 ICI I I =1
MTrl
it
I�
LOOP
III11 I =y 1� ` --
Bf r — Te.,.. • T„s
tl0010, '
'I� 4/e fi ...- ._ — '� �
Ili I��I ��i_ ��]] / '
I i 'roc a 111. FRI LJi' I 1I <0T=. i " � yi j I — $ I ,
P /00150 5.0005
REVIEW SET
NOT FOR CONSTRUCTION
P....,8.:06-036 (4/
04FIF• 6%505
Oralle0 BV
1
OF
BUILDING SETBACK EXHIBIT
Exhibit E
PRELIMINARY ENGINEERING PLAN
FOR
COURTYARDS OF BRIARCLIFFE ESTATES
LOCATION MAP
NOT TO SCALE
LEGEND
EXISTING PROPOSED
CA. OASIN
OPEN 1.0
VALK
Yrtrtf PDX
91.1 FINS
<.was
rt
STOR.MN'ATE�DRTENTION
511% FKA
MALMO 54,117,10115 AKA 5.62A,
100 1.
ACI1JAL ITER.. AREA 211 AC
90EIVAIXS. 0.17 AC
CANFIYANS OM AC
SinCt - 0.17 AC
SPACE ,,,touVe ,w.
LEMONT, ILLINOIS
I'IJ
I tors
TYPICAL RICHT- IN- RICHT -OUT
ENTRANCE
NC
ICI
•�i �11P Ems.. 5 J t iC .. P
it k ®��, �■ ® I
Era , NoriNtr� R!■ Immo I ilk
E , Ft i. MI. .I r _!— ;gm �Iv &
1111 !e [ 41 .4.E,T 'F
I__�II� - q,., la ,.�._,: s P te/ yabre
- -yr �
o� PnP+.,
1 of G
T• -�
PAS'EMEMT NOTES: ut 1r
CMS 4U111A ROADYATS 91.1. Mtn. Sam.. Be
2. At 0.0a 0111,CIONS WALL WO
t. SAA oMm. R v 90/1.
''i)hn�- rwmr .
- -1
I t °r. I
L
REVIEW SET
NOT FOR CONSTRUCTION
Y ENGINEERING PLAN
1
•
OF W
1 °
Exhibit F
"Tteset'sir • -7- 2i-•-•-•.
4:$
DerezNitismin....P.Riaseca
04020 Ines/Rynn 0,047.10.
720,10.41 2010 Iyea/R). Group.
11.1.• 4.12.
• 0. ide.
bsto I... pre., el the
N oT.Tan Group. Ine. Poprorml.
el . ratio 21 012000)0
ma in a. oteD or La
• IMMDI. Uil• meant of Nit
REVISIONS
ri& 1 Er ajargrar
na
2 PCS MA. I..
a Hit MAR amt.
SITE MR
The Courtyards
of
Briarcliffe Estates
Lemont, Illinois
Ref.:AC=1
RE0012.0115 ALOK STALITS
gg'gg •
Preramernmenm
5. • ....hrs
0 PECOIRA VE XETAL FENCE
liPa.Mr'Irtg=
4777-1/ , srREEir
The Co lopilL,
Brian.' ilk &tales
EGEND
1200 11.0.12100) 3•
5,1AVE TREE MTV 23.
17.4.STRAL IT/e41,
eevisconcol tase ts,
...a 06:0 LAS. 000212.5 EMES 124'
r.Talr. co,
CHARP mums. Sanas AD' er.
°OQD etsnaccoi asses fir on)
7-7:7 :CO almost., 512.5E5
C',/a9 1....S.L5/EAMIXOVERS
0 SITTING DETAIL (I laeoten.14..0.
()ENTRANCE YOKINCIO 0 5I0E FURNISHINGS (Various Locations)
LLIU MINTMARTOPPEOPMEDMMCgtori
iampmen oom Ia.. II. we..., 0.
N aMir es*. Dr re marom. Ja
D minim imma nm re
eininors onamanarm marnamt so n rareas•
milnoira.u. NM. Spa:$.7:
NI arm
o onorre memo •
SEE LANDSCAPE toistrassrA HARM
FOR DPORDIATKIN ON AMNION,
PROJECT LANOECAPE MAINTENAME
yttoscot 010.10t015 .000011 01012 Sfldt)
OHL MANI 1.1
',7"7.1FT7[4.7.
SEE SHEET L-2 FOR GENERAL NOTES & PLANTING DETAILS
SEE SHEET L-2 FOR PROTOTYPICAL FOUNDATION PLANS
=1;hton Dev.
IRG Ives/Ryan Group, Inc.
land Planning
Landscape Arclitlerlum
Golf Course Alchilettnre
.11.■ FiseMer tam
lo..4.11.
11..(6313)71,0724
nmar.anennmon
FINAL
LANDSCAPE PLAN
PRON. NO.: NM rio,
S7008 8067
DAM 12-27-DE
MAME.. 1.111.
DM. DP: NUM
CIPLOOLDi
SHEET
L-1
Exhibit F
ta'''"?.=•ar-
miiiitamormiso,
matorocantectateniefir
tReatnabate,T
g
,anaaesessebna,„e,,,
•
:==.•`;'=„.
EF,711-1Paa'-a*E4-
nt'ttl"1,!*"=.4"trutt'Vttx■
= 21142 rialt= =
iaotioes anontacer.slaer. Nen sctirg Oa%
Fug.. °mow., beams om KachaseoVo {pven,
auJ On. db....Lev...ea Mtles
DeAsaat Yawn en Oa ve
02000 Iree/8788 Group...
Cepyrtnet 2009 Greop,
bea an tb.marted. The 2.1/48
and any and ON lama contained
ao.a PaaPaKy *I tee
Ibl)tban Rev, be. libreenattee
et Nalco or conceal ...a
ha* aa any lam, In abet. or.
part. altha00 eenanal el tI.8
11110.”. Onap. ea, W....
REVISIONS
1. VILIJOE 1-24-0O
anl-Wf KY. -25.-09
PER Val.% an./
An KAN 7-12-10
The Courtyards
of
Briarcliffe Estates
Lemon'', Illinois
tnataae a=ta Va
Elassabs,
0 5 UNIT PROTOTYPICAL PLAN (6 TOTAL)
It1.1.7%.n.a rtg
Vitr.
-4 1
alnl C.6.nrce,
iy7
0 4 UNIT PROTOTYPICAL PLAN (I TOTAL)
11.3.faleee,:r
:raateaaafaa
p..1 M21 PC.2.244
att,
=rm., -.‘11111*. Farm; re
WaffIRtgiar •
0 EVERRREEN TREE
• -
rif:177° /VV./V.
masar.c...- \—A
r'41-7.6:4=
OBEV P14088IN6 1260AR
ir4.;hton Da,
IRG Ives/Ryan
Group, Inc.
Land Ilanninjj
Landscape Architecture
GNI Comte Architecture
324 hanbower lane
Lombard, 60.
naaassmsuons
metelveartsebeanea.
PROTO-TYPICAL
IANOSCAPE PLANS.
GENERAL NOTES
2, PLANTING DETAILS
PIZOILC7 MB NO.:
S7008 8067
SHEET
L— 2
Hardie Board Siding -
Hardie Board Siding
Exhibit G
Limestone Heads
and Sills
Side Elevation - Street Side
3116' =1' -0'
--- Limestone Heads
and Sills
Front Elevation
3ti6' >P -0'
McNaughton Development
Palos Pads, IL ......::__.
Character Elevations
The Courtyards of Briarciiffe Estates
Lemont, IL
01- 26-2009
BSB
01116X
Limestone Heads
and Sills
Exhibit G
Hardie Board Siding
�r�sarvnww�:w
Side Elevation - Interior
3d6'.1 -e"
Hardie Board Siding -\
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ii 7i gaiiriiii INteilliiNsmum Jul
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IN Noliffin :Nlt•la . giiiiii i riii Ali;
a`
stma it a iet ilk
Rear Elevation
McNaughton Development
Palos Park, IL I.t'i >:
3/16'.1,0'
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Character Elevations
The Courtyards of Briarcliffe Estates
Lemont, IL
01- 20-2009
BSB
001:11
Exhibit H
PRELIMINARY SITE PLAN
FOR
COURTYARDS OF BRIARCLIFFE ESTATES
.'PROJECT
LOCATION
LOCATION MAP
NOT TO SCALE
LEGAL DESCRIPTION:
a 4EST �ry L I /uO BE
• 1/2 a n wmcs, mPCnaw
M( Bmro
AANCIPAL UMW, Ni COOK tOlein.
PLAN DATA: D°Lt.%,a art
PBom.,almm POOD
• .T... PER PPC. P PLAY
� VAC(
BUILDING SEPARATION /SETBACKS:
TRENT MINA.
REAR SMACK
•
REAR-TO-REAR PAOH4S
IMPERVIOUS CALCULATION:
It,. AREA
STREETS
OFETTENAlS
ArriAtE WYE
DOEIVAIXS
• 4.76 ACRES
• 533 ACRES
• 221 ACRES
• 010 ACRES
• 037 ACRES
- ACRES
• 030 ACRES
ITN ACRE
LEMONT, ILLINOIS
1 FOEND
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EEASSEMENTS: 'L"
SIDEWALKS:
SCCRATJTS FOR RAW USE
TwAtuTOES SHALL BE FE
REVIEW SET
NOT FOR CONSTRUCTION
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