R-37-00 04/10/2000VILLAGE OF LEMONT
RESOLUTION NO. e.. 37-00
DATE (/-10-00
GRANT A RESOLUTION APPROVING VILLAGE PARTICIPATION IN NON -
TIF BUILDING AND SITE GRANT PROGRAM
WHEREAS, the Village of Lemont has adopted Ordinance 0- 72 -99, the Non -Tif Building
& Site Improvement Grant, Sign Grant and Low Interest Loan Programs, to provide
incentives for building reinvestment within the Village of Lemont's Non -Tif District; and
WHEREAS, in accordance with the Non -Tif Building & Site Improvement Grant, the
Village Board of Trustees shall consider participation in building reinvestment; and
WHEREAS, Marvin Ludwig, owner of Lemont Courtyard Condominium Association, as
the property owner for the property known as 15419 127th Street, has completed the Non -
Tif Building & Site Improvement Grant application for Village participation of said
property; and
WHEREAS, Village Staff has reviewed the 15419 127th Street application for compliance
with the Non -Tif Building & Site Improvement Grant guidelines and has recommended
approval of the request.
NOW, THEREFORE, BE IT RESOLVED, that the Village President is authorized to
execute the Building & Site Grant Agreement attached for Five Thousand One Hundred
Eight -Five Dollars ($5,185.00) in accordance with the terms of the Non -Tif Building &
Site Improvement guidelines.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE AND WILL,
ILLINOIS, on this tom` day of ( , 2000.
John Benik
Debby Blatzer
Keith Latz
Connie Markiewicz
Rick Rimbo
Mary Studebaker
AYES NAYS PASSED ABSENT
Approved by me this day of
Atts:
/$
116/ /u; .
CHARLENE SMOLLEN, Village Clerk
(CHARLENE SMOLLEN, Village Clerk
APPROVED AS TO FORM:
Village Attorney
, 2000.
A. KWASNESKI, Village President
VILLAGE OF LEMONT
BUILDING AND SITE IMPROVEMENT GRANT PROGRAM
AGREEMENT
NON -TIF DISTRICT
THIS AGREEMENT, entered into this day of
, between the
Village of Lemont, Illinois (hereinafter referred to as the "Village ") and the following
designated OWNER/LESSEE, to wit:
Owner's/Lessee's Name:
Lemont Courtyard Condominium Association
Address: 15419 127th Street, Lemont, IL 60439
City: _ State: Zip Code:
Name of Business:
Project Address(es) 15419 127th Street. Lemont, IL 60419
WITNESSETH
Whereas, the VILLAGE has established a Building & Site Improvement Grant Program for
application within designated commercial areas outside of the VILLAGE Tax Increment
Financing District; and
Whereas, said Building & Site Improvement Grant Program is administered by the
VILLAGE and is funded from General Revenues for purposes of control and prevention of
blight, dilapidation and deterioration of designated areas within the Village, and
Whereas, pursuant to said Program the VILLAGE has agreed to participate, subject to its
sole discretion, in sharing the cost of Building & Site Improvements to commercial
establishments within the District up to a maximum of one -half (1/2) of the approved
contract cost of such improvement but in no event shall the total Village participation
exceed Ten Thousand Seven Hundred Fifty Dollars($10,750.00) for construction and
architectural cost with $750.00 of that amount reserved for sign improvements only.
Architectural fees shall be limited to a One Thousand Dollars ($1,000.00) reimbursement;
and
Whereas, the OWNER's/LESSEE's property is located within the commercial area of the
Village, and the OWNER/LESSEE desires to participate in the Building and Site
Improvement Grant Program pursuant to the terms and provisions of this agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreement obtained
herein, the VILLAGE and OWNER/LESSEE do hereby agree as follows:
SECTION 1: COST SHARING - The VILLAGE shall share in the building and site
improvement cost and architect fee cost for the OWNER's/LESSEE's property up to fifty
percent (50 %), up to a maximum amount not exceeding Ten Thousand Seven Hundred
Fifty Dollars ($10,750.00) for construction and architectural cost with $750.00 reserved
for sign improvements. Architectural reimbursement shall be One Thousand Dollars
($1,000.00) . The actual amount per this agreement shall not exceed $ for
construction cost and $ for architect fees. The building and site improvement
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/historic preservation costs which are eligible for VILLAGE participation include all labor,
materials, equipment and other contract items necessary for the proper execution and
completion of the work as designated from the design drawings approved by the
VILLAGE. Said design drawings and specifications are attached hereto as Exhibit IV.
SECTION 2: DESIGN APPROVAL - No building and site improvement or historic
preservation work shall be undertaken until the design therefore has been submitted to and
approved by the Village. Following approval, the OWNER/LESSEE shall contract for the
work and shall commence and complete all such work within one hundred eighty (180) days
from the date of such approval.
SECTION 3: REVIEW OF PROJECT - The Economic Development Coordinator shall
periodically review the progress of the contractor's work on the building and site
improvement and historic preservation pursuant to this Agreement. Such inspections shall
not replace any required permit inspection by Village Inspectors. All work which is not in
conformance with the approved drawings and specifications shall be immediately remedied
by the OWNER/LESSEE and deficient or improper work shall be replaced and made to
comply with the approved drawings, specifications, and terms of this Agreement.
SECTION 4: DOCUMENTATION REQUIREMENTS - Upon completion of the
building and site improvement/historic preservation and upon its final inspection and
approval by the Building Department, the OWNER/LESSEE shall submit to the VILLAGE
a properly executed and notarized contractor statement and architect fee statement showing
the full cost of the work as well as each separate component amount due to the contractor
and each and every subcontractor involved in furnishing labor, materials, or equipment in
the work. In addition, the OWNER/LESSEE shall submit to the VILLAGE proof of
payment of the contract cost pursuant to the contractor's and architect's statements. The
VILLAGE shall, within thirty (30) days of receipt of the contractor's statement and proof
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of payment issue a check to the OWNER/LESSEE in payment of: one -half of the approved
cost or Ten Thousand Seven Hundred Fifty Dollars ($10,750.00) whichever is less. In no
case shall the amount paid to the OWNER/LESSEE exceed the amount specified in this
Agreement or in the contractor's or architect's statements. At the time of reimbursement
and throughout the term of this agreement, the land use and signage under the control of
the OWNER/LESSEE shall be in conformance with zoning and sign code provisions.
SECTION 5: FAILURE TO COMPLETE WORK - If the OWNER/LESSEE or his
contractor fail to complete the building and site improvement/historic preservation work
provided for herein in conformity with the plans, specifications and all terms of this
Agreement, the Agreement shall terminate and the financial obligation on the part of the
VILLAGE shall cease and become null and void.
SECTION 6: ELIGIBLE IMPROVEMENT WORK - Installation, repair and
replacement of exit doors and hardware; repair, replacement or addition of exterior shutters
and awnings/canopies; repair, replacements or purchase of signs when done as part of an
overall building and site improvement grant; repair and replacement or installation of
exterior stairs, porches, railings and exit facilities; repair and rebuilding of exterior walls,
including cleaning, sealing, tuck pointing and painting; repair of window frames, sills,
glazing, replacement of glass and installation of new windows; installation of landscaping
such as stone or brick planters; paving for existing parking lots, lighting & striping (does
not apply to new parking lots or expansion of existing parking lots); replacing or upgrading
of stormwater, curbing, replacement of retaining walls, electrical wiring upgrades, interior
sprinkler systems, fire alarm systems, elevators, interior floor, ceiling improvements,
plumbing and improvements to meet ADA requirements.
SECTION 7: FILING OF LIEN/MAINTENANCE OF IMPROVEMENT - Upon
completion of the building and site improvement work pursuant to this Agreement and for a
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period of three (3) years thereafter, the OWNER/LESSEE shall be responsible for properly
maintaining such building and site improvement/historic preservation in its finished form and
without change or alteration thereto, as provided in this Agreement, and for the said period
of three (3) years following completion of the construction thereof, the OWNER/LESSEE
shall not enter into any Agreement or contract or take any other steps to alter, change or
remove such improvement, or the approved design thereof, nor shall OWNER/LESSEE
undertake any other changes, by contract or otherwise, to the improvement provided for in
this Agreement unless such changes are first submitted to the Economic Development
Coordinator, and any additional review body or commission for approval; which approval
shall not be unreasonably withheld if the proposed changes do not substantially alter the
original design concept of the building and site improvements as specified in the drawings
and plans approved pursuant to this Agreement. In addition to this section, a lien on the
OWNER/LESSEE property shall be filed prior to the final payout of the program
reimbursement.
SECTION 8: UNRELATED IMPROVEMENTS - Nothing herein is intended to limit,
restrict or prohibit the OWNER/LESSEE from undertaking any other work in or about the
subject premises which is unrelated to the building and site improvement provided for in this
Agreement.
SECTION 9: AGREEMENT APPLICABLE TO FUTURE OWNERS - This
Agreement shall be binding upon the VILLAGE OF LEMONT and upon the
OWNER/LESSEE and its successors, to said property for a period of three (3) years from
and after the date of completion and approval of the facade improvement provided for
herein. It shall be the responsibility of the OWNER/LESSEE to inform subsequent
OWNER(s)/LESSEE(s) of Section 7 of this Agreement.
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SECTION 10: MAXIMUM GRANT AWARDS - Nothing in this Agreement shall
prohibit a business or property owner from applying for more than one Grant. However, a
Ten Thousand Seven Hundred Fifty Dollars ($10,750.00) total limitation shall apply to all
Sign Grants, Building and Site Grants or Interest Rate Program Awards made to a single
building and/or lot within any three (3) year period. For the purpose of calculating the three
(3) year period, the date of the last Village payment shall be considered the start of the three
(3) year period. No grant may be utilized for the same or similar building contract work,
within a ten (10) year period of the last Village payment.
SECTION 11: VILLAGE INDEMNIFICATION REGARDING CONSTRUCTION
The owners of the subject property agree to defend and hold harmless the Village from any
and all claims which may arise out of said owners' construction activities under this
Agreement.
SECTION 12: GENERAL INDEMNIFICATION - In the event that, as a result of this
Agreement, or actions taken as required hereunder, the Village is made a party defendant in
any litigation arising by reason of this Agreement, and development activities contemplated
hereunder, the owners agree to defend and hold harmless the Village, the mayor, trustees,
officers and agents thereof, individually and collectively, from any suits and from any
claims, demands, setoff or other action including but not limited to judgments arising
therefrom. The obligation of the owners hereunder shall include and extend to payment of
reasonable attorneys' fees for the representation of the Village and its said officers and
agents in such litigation and includes expenses, court costs and fees; it being understood
that the owners where there shall be no applicable standards provided therein, shall have the
right to employ all such attorneys to represent the Village and its officers and agents in such
litigation, subject to the approval of the corporate authorities of the Village, which approval
shall not be unreasonably withheld. The owners shall have the right to appeal to courts of
6
appellate jurisdiction any judgment taken against the Village or its officers or agents in this
respect, and the Village shall join in any such appeal taken by the owners.
SECTION 13: PERFORMANCE OF AGREEMENT - It is agreed that the parties
hereto may in law or in equity, by suit, action, mandamus, or any other proceeding,
including specific performance, enforce or compel the performance of this Agreement,
which shall include the right of the parties to recover a judgment for monetary damages
against each other, provided, however, that the owners shall not have a right to recover a
judgment for monetary damages against any elected or appointed official of the Village for
any breach of any of the terms of this Agreement. The Village reserves the right to maintain
an action to recover damages or any sums which owners have agreed to pay pursuant to
this Agreement and which have become due and remained unpaid.
SECTION 14: EXHIBITS - It is agreed that Exhibits I through VII shall be considered
part of this agreement.
SECTION 15: DISPLAY OF VILLAGE FUNDING PROMOTIONAL MATERIAL
All program participants shall be required to prominently display a poster identifying the
property as receiving Village funding. The sign will be provided by the Village and shall be
displayed from the date the Application is approved, to no less than thirty (30) days after
final approval and reimbursement is made.
SECTION 16: GUARANTEE OF FUNDS - The filing of an application for Building and
Site Improvement Grant in no way is a guarantee of funding by the Village of Lemont.
7
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date
first appearing above.
WNE
Program Part'cip
Date:
Property Ow er
Date:
Form Rev. 7/
8
AGE OF LEMONT
age President
Date: 4- r o -
Village Clerk
Date: 4- 10 - et)
EXHIBIT I
EXHIBIT II
EXHIBITS
PROOF OF OWNERSHIP IN FORM OF DEED OR
TITLE INSURANCE POLICY (TAX BILL IS NOT
ACCEPTABLE).
IF LEASING THE PROPERTY, AN EXECUTED
LEASE IS REQUIRED. ALSO A COPY OF
PROOF OF OWNERSHIP FROM THE BUILDING
OWNER IN THE FORM OF A DEED OR TITLE
INSURANCE POLICY.
EXHIBIT III COPY OF APPLICATION
EXHIBIT IV RENOVATION PLANS
EXHIBIT V CONTRACTOR'S AGREEMENT
EXHIBIT VI ARCHITECT'S AGREEMENT
EXHIBIT VII SAMPLE LIEN SIGNED AND NOTORIZED.
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EXHIBIT I
RECORDED AS DOCUMENT NO. 25197314
DECLARATION OF CONDOMINIUM OWNERSHIP
AND OF
EASEMENTS, RESTRICTIONS AND COVENANTS
FOR
LEMONT COURT YARD OFFICE CONDOMINIUM
THIS DECLARATION made and entered into by Hertiage First
National Bank of Lockport, an Illinois Corporation, as Trustee under
Trust Agreement dated October 4 , 1979 , and known as
Trust No.72 -15710 , and not individually, for convenience
hereinafter referred to as the "Trustee ":
WITNESSETH THAT:
WHEREAS, The Trustee is the legal title holder of the
following described real estate:
The East 131.21 feet lying west of the east one acre
of lot 6 all in County Clerk's division of section 29,
township 37 North, Range 11 East of the Third Principal
Meridian and recorded April 3, 1880 as document number
269439 in Cook County, Illinois.
and
WHEREAS, the above - described real estate is now improved
with an office building, which is commonly known as 221 -223 E.
127th Street, Lemont, Illinois, and
WHEREAS, is is the desire and intention of the Trustee to
enable said real estate together with all buildings, structures,
improvements and other permanent fixtures of whatsoever kind
thereon, and all rights and privileges belonging or in anyway
pertaining thereto (hereinafter called the "Property "), to be
owned by Trustee and by each successor in interest of Trustee,
under that certain type or method of ownership commonly known as
"CONDOMINIUM" and to submit the property to the provisions of
the "Condominium Property Act" of the State of Illinois, as
amended from time to time; and
WHEREAS, the Trustee, acting under direction of the parties
authorized to direct the Trustee, has elected to establish, for
the benefit of such Trustee and for the mutual benefit of all
future owners or occupants of the property, or any part thereof,
which shall be known as Lemont Court Yard Office Condominium,
certain easements and rights in, over and upon said premises and
certain mutually beneficial restrictions and obligations with
respect to the proper use, conduct and maintenance thereof; and
WHEREAS, the Trustee has further elected to declare that
the several owners, mortgages, occupants, and other persons
acquiring any interest in the property shall at all times enjoy
the benefits of, and shall at all times hold their interest subject
to, the rights, easements, privileges, and restrictions hereinafter
set forth, all of which are declared to be in furtherance of a
plan to promote and protect the co- operative aspect of ownership
and to facilitate the proper administration of such property and
are established for the purpose of enhancing and perfecting the
value, desirability and attractiveness of the property;
NOW THEREFORE, the Trustee, as the legal title holder of the
property herein described and for the purposes above set forth,
declares as follows:
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ARTICLE I
1)EFl NIT1ONS
For the purpose of brevity and clarity, certain words and
14,1-ms used in this Declaration are defined as follows:
Declaration:
Art:
This instrument by which the property,
is submitted to the provisions of the
Condominium Property Act of the State
of Illinois, and such Declaration as
amended from time to time.
The Condominium Property Act of the
State of Illinois, as amended from
time to time.
Pa!_cel; The entire tract of real estate above
described, plus such part of the Devel-
opment Area as defined in ARTICLE XIII,
hi:reinbelow as is annexed pursuant to
said ARTICLE XIII.
r3ui lding_ The building located on the Parcel con-
taining the Units, as more specifically
hereafter described in ARTICLE II.
Proyerty: All the .land, property and space compris-
ing the Parcel, all improvements and
structures constructed or contained
therein or thereon, including the Build-
ing and all easements; rights and appur-
tenances belonging thereto, and all fix-
tures and property intended for the
mutual use, benefit or enjoyment of the
Unit Owners.
Unit_ A part of the Property within the Build-
ing including one or more rooms, occupying
one or more floors or a part or parts
thereof, designed and intended for a
professional or business office, or such
other uses permitted by this Declaration,
and having lawful access to a public way.
Common Elements: All portions of the property except
the Units.
Parking Area: That part of the Common Elements provided
for parking automobiles as delineated on
the surveys. ( �.
p.,rk i ng Space: A part of the Property within the Parking
Area intended for the parking of a single
automobile. \_
tli i L Ownership_ A part of the Property consisting of one
Unit and the undivided interest in the
Common Elements appurtenant thereto.
-2--
1
Person A natural individual, corporation, partner-
ship, trustee or other legal entity capable
of holding title to real property.
Owner: The person or persons whose estates of inter-
ests, individually or collectively, aggregate
fee simple absolute ownership of a Unit Owner-
ship, for the purposes of ARTICLE VIII hereof,
unless other -wise specifically provided therein,
the word "Owner" shall include any beneficiary
of a trust, shareholder of a corporation or
partner of a partnership holding legal title
to a Unit.
Occupant:
Developer:
Survey(s):
Person or Persons, other than Owner, in
possession of a Unit.
John P. Antonopoulos
Condominium survey(s) of the Units and the
common Elements attached hereto as Exhibit "A"
ARTICLE II
UNITS
1. Description and Ownership. All Units in the Building located
on the Parcel are delineated on the surveys and are legally described
as set forth on Exhibit "B ", attached hereto and incorporated herein
by this reference as though fully set forth herein.
It is understood that each Unit consists of the space enclosed
or bounded by the horizontal and vertical plans set forth in the delin-
eation thereof on the Surveys. The legal description of each Unit
shall consist of the indentifuing number or symbol of such Unit as shown
on Surveys. Every deed, lease, mortgage or other instrument may legally
describe a Unit by its indentifying number or symbol as shown on the
Surveys, and every description shall be deemed good and sufficient
for all purposes. Except as provided by the Act, no Owner shall, by
deed, plat or otherwise, subdivide or in any other manner cause his
Unit to be separated into any tracts or parcels different from the whole
Unit as shown on the Surveys; provided, however, that the Trustee may
divide any Unit owned by the Trustee or combine any part of a Unit
owned by the Trustee with another Unit owned by the Trustee for the
purpose of increasing the size of a Unit owned by the Trustee and
eliminating or reducing the size of another Unit owned by the Trustee.
2. Certain structures Not Constituting Part of a Unit. No Owner
shall own any pipes, wires, conduits, public utility lines or structural
components running through his Unit and serving more than his Unit
except as a tenant in common with all other Owners.
ARTICLE III
COMMON ELEMENTS
1. Description. Except as otherwise in this Declaration provided,
the Common Elements shall consist of all portions of the Property except
the Units. Without limiting the generality of the foregoing, the
Common Elements shall include the land, outside walks and driveways,
landscaping, stairways, entrances and exits, hall lobbies, corridors,
roof, structural parts of the Building, parking facilities, pipes,
ducts, flues, chutes, conduits, wires and other utility installations
to the outlets, and such component parts of walls, floors and ceilings
as are located within the Units.
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Elements by other Owners; or if by reason of the
design or construction of utility or ventilation
systems, any main pipes, ducts or conduits serving
more than one Unit encroach or shall hereafter
encroach upon any part of any Unit, valid easements
for the maintenance of such encroachment and for
such use of the Coalition Elements are hereby estab-
lished and shall exist for the benefit of such
Unit and the Common Elements, as the case may be, so
long as all or any part of the Building shall remain
standing; provided, however, that in no event shall
a valid easement for any encroachment or use of the
common Elements be created in favor of any Owner if
such encroachment or use is detrimental to or inter-
feres with the reasonable use and enjoyment of the
Property by another Owner or Owners, or if such
encroachment or use occurred due to the willful
conduct of any Owner.
(b) Utility Easements. The Illinois Bell Telephone
Company, Commonwealth Edison Company, Northern
Illinois Gas Company, and all other public utilities
serving the Property are hereby granted the right to
lay, construct, renew, operate and maintain conduits,
cables, pipes, wires, transformers, switching appara-
tus and other equipment, into and through the Common
Elements for the purpose of providing utility services
to the Property.
(c)
Parkinq_Area. The Parking Area shall be a part of
the Common Elements, and shall be allocated, used
and operated in such manner and subject to such
rules and regulations,as the Board of Managers may
prescribe from time to time. Each and all Parking
Spaces in the Parking Area shall be provided for by
the Board, together with the maintenance and upkeep
of each said Puking Space from time to time here -
after. The Board shall at all times insure reason-
able means of access to each and all such Parking
Spaces, from public roads.
(d) Easemen_ts_to Run with Land_. All easements and
rights described herein are easements appurtenant,
running with the land, perpetually in full force
and effect, and at all times shall inure to the
benefit of and be binding on the undersigned,- its
successors and assigns, and any Owner, purchaser,
mortgagee, and other person having an interest in
the Property, or any part or portion thereof.
Reference in the respective deeds of conveyance,
or in any mortgage or trust deed or other evidence
of such obligation to the easements and rights
described in any part of this Declaration, shall
be sufficient to create and reserve such easements
and rights to the respective grantees, mortgagees
and t.r:ust res of such Unit Ownerships as fully and
completely as though such easements and rights
were recited fully and set forth in their entirety
in such documents.
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ARTICLE V
BYLAWS
The provisions of the following Articles VI, VII, VIII, IX
and X shall constitute the Bylaws of the Association and the Bylaws
prescribed by the Act.
ARTICLE VI
BOARD OF DIRECTORS
A. In General. The direction and administration of the
Property shall be vested in the Board of Directors of the Associa-
tion which shall consist of four (4) persons who shall be elected
in the manner set forth in the Bylaws; provided, however, that not-
withstanding anything to the contrary set forth in these Bylaws,
during the period commencing on the date of this Declaration and
ending upon the qualification of the Directors elected at the ini-
tial meeting of the Voting Members, the Board shall consist of
three (3) persons who shall be designated and selected by Developer.
Except for the Directors so designated and selected by Developer,
(i) Each member of the Board shall be one of the Unit Owners
and shall reside on the Property; provided, however if
a Unit Owner is a corporation, partnership, trust or
other legal entity other than a natural person or persons,
then any designated agent of such corporation, partner-
ship, trust or other legal entity or any beneficiary of
any such trust shall be eligible to serve as a member of
the Board so long as such agent or beneficiary resides
on the Property, and
(ii) If a member of the Board fails to meet such qualifica-
tions during such member's term, such member shall there-
upon cease to be a member of the Board and such member's
place on the Board shall be deemed vacant.
B. Election of Board Members at the Initial Meeting. At the
initial meeting of the Voting Members, the Voting Members shall
elect the Board consisting of four (4) members. In all elections
for members of the Board, each Voting Member shall be entitled to
vote on a non - cumulative voting basis and the candidates receiving
the highest number of votes with respect to the number of offices
to be filled shall be deemed to be elected. Members of the Board
elected at the initial meeting of the Voting Members shall serve
until the first annual meeting of the Voting Members. At the first
annual meeting four (4) Board members shall be elected. The two
(2) persons receiving the highest number of votes at the first
annual meeting shall be elected to the Board for a term of two (2)
years and the two (2) persons receiving the next highest number of
votes shall be elected to the Board for a term of one (1) year.
The election and term of office as between candidates receiving the
same number of votes shall be determined by lot. Upon the expira-
tion of the terms of office of the Board members so elected at the
first annual meeting and thereafter, successors shall be elected
for a term of two (2) years each. The Voting Members having at
least two - thirds (2/3) of the total votes may from time to time in-
crease or decrease such number of persons on the Board or may in-
crease or decrease the term of office of Board members at any annual
or special meeting, provided that (i) such number shall not be less
than five (5), (ii) the terms of at least one -third (1/3) of the
persons on the Board shall expire annually, and (iii) no Board
member or officer shall be elected for a term of more than two (2)
years but Board members or officers may succeed themselves. Members
of the Board (including without limitation those members designated
by Developer) shall receive no compensation for their services.
Vacancies in the Board, including vacancies due to any increase in
the number of persons on the Board, shall be filled by majority
vote of the remaining members thereof, except that a vacant posi-
tion of the Board last filled by a person appointed by the Developer
shall be filled by a person appointed by the Developer. Any direc-
tor so elected or appointed to fill a vacancy shall hold office for
a term equal to the unexpired term of the director he succeeds.
Except as otherwise provided in this Declaration, the Property shall
be managed by the Board and the Board shall act by majority vote of
those present at its meeting when a quorum exists. Meetings of the
Board may be called, held and conducted in accordance with such regu-
lations as the Board may adopt provided, however, that (i) each Unit
Owner shall be entitled to notice in the same manner as provided in
these Bylaws of any meeting of the Board called for the purpose of
considering the adoption of the proposed annual budget or any in-
crease or establishment of an assessment, and (ii) the Board shall
meet no less than four (4) times each year. A majority of the total
number of members on the Board shall constitute a quorum.
C. Officers. The Board shall elect from among its members
for the term of one (1) year (i) a President who shall preside over
both its meetings and those of the Voting Members, and who shall be
the chief executive officer of the Board and the Association and
who shall be designated to mail and receive all notice and execute
all amendments hereto on behalf of the Board or the Association as
provided herein and in the Act, (ii) a Secretary who shall keep
the minutes of all meetings of the Board and of the Voting Members
and who shall, in general, perform all the duties incident to the
office of the Secretary, (iii) a Treasurer to keep the financial
records and books of account, and (iv) such additional officers as
the Board shall see fit to elect. Vacancies in any office shall be
filled by the Board by a majority vote of the remaining members
thereof at a special meeting of the Board. Any director elected
to fill a vacancy shall hold office for a term equal to the un-
expired term of the officer he succeeds. Any officer may be removed
for cause at any time by a vote of two - thirds (2/3) of the total
membership of the Board at a special meeting thereof. Any officer can
succeed himself in o -fice.
D. Removal. Except for directors designated by Developer,
any Board member may be removed from office, at any time after the
election of directors at the initial meeting of Voting Members by
affirmative vote of the Voting Members having at least two - thirds
(2/3) of the total votes, at any special meeting called for the
purpose. A successor to fill the unexpired term of a Board member
removed may be elected by the Voting Members at the same meeting,
any subsequent annual meeting or any subsequent special meeting
called for that purpose.
E. Notice to Members of Board of Meeting. Written notice
stating the place, date and hour of any meeting of the Board shall
be delivered to each member of the Board not less than five (5)
days prior to the date of such meeting. The purpose for which the
meeting is called shall be stated in the notice. The Board shall
meet at least four (4) times annually, on the first Mondays of
February, May, August and November, and at such other times as the
Board deems necessary.
F. Notice to Unit Owners. All meetings of the Board shall
be open to attendance by any Unit Owner and notices of such meetings
shall be mailed not later than forty -eight (48) hours prior to such
meeting unless a written waiver of such notice is signed by the
Unit Owner entitled to such notice prior to the convening of such
meeting.
G. Delivery of Documents by Developer. Within sixty (60)
days following the election of a majority of members of the Board
other than those members designated by Developer, the Developer
shall deliver to the Board the following:
1. All original documents pertaining to the Property
and its administration, such as this Declaration,
the Articles of Incorporation for the Association,
a minute book containing the minutes of any meetings
held by the Association and any rules and regula-
tions governing the Property;
2. A detailed accounting by the Developer setting forth
the source and nature of receipts and expenditures
in connection with the management, maintenance and
operation of the Property;
3. Any Association funds on hand which shall at all
times be segregated from any other funds of the
Developer; and
4. A schedule of all personal property, equipment and
fixtures owned by the Association, including docu-
ments such as invoices or bills of sale, if avail-
able, evidencing transfer of title to such property.
H. General Powers of the Board. The powers and duties of
the Board shall include, but shall not be limited to, the following
matters:
1. Operation, care, upkeep, maintenance, replacement,
and improvement of the Common Elements (other than
the Limited Common Elements);
2. Preparation, adoption, and distribution of the
annual budget for the Property;
3. Levying of assessments;
4. Collection of assessments from Unit Owners;
5. Employment and dismissal of the personnel necessary
or advisable for the maintenance and operation of
the Common Elements (other than the Limited Common
Elements);
6. Obtaining adequate and appropriate kinds of insurance;
7. Owning, conveying, encumbering, leasing and otherwise
dealing with Units conveyed to or purchased by it;
8. Adoption and amendment of rules and regulations
covering the details of the operation and use of
the Property;
9. Keeping of detailed, accurate records of the receipts
and expenditures affecting the use and operation of
the Property;
10. To have access to each Unit from time to time as may
be necessary for the maintenance, repair, or replace-
ment of any Common Elements therein or accessible
therefrom, or for making emergency repairs therein
necessary to prevent damage to the Common Elements
or to other Unit or Units;
11. To pay for water, waste removal, other operating
expenses, electricity, telephone, and other necessary
utility service for the Common Elements (other than
the Limited Common Elements);
12. To pay for landscaping, gardening, snow removal,
painting, cleaning, tuckpointing, maintenance,
decorating, repair, and replacement of the Common
Elements (other than the Limited Common Elements)
and such furnishings and equipment for the Common
Elements (other than the Limited Common Elements)
as the Board shall determine are necessary and
proper, and the Board shall have the exclusive right
and duty to 'acquire the same for the Common Elements
(other than the Limited Common Elements);
13. To pay for any other materials, supplies, furniture,
labor, services, maintenance, repairs, structural
alterations or assessments which the Board is re-
quired to secure or pay for pursuant to the terms of
this Declaration or Bylaws of which, in its opinion,
shall be necessary or proper for the maintenance
and operation of the Property, as a first -class condo-
minium development or for the enforcement of the
Board's rules and regulations;
14. To pay any amount necessary to discharge any mechan-
ic's lien or other encumbrance against the Property
or any part thereof which first arises after the
date of this Declaration and which may, in the opinion
of the Board, constitute a lien against the Property
or against the Common Elements, rather than merely
against the interests therein of particular Unit
Owners. Where one or more Unit Owners are responsible
for the existence of such lien, they shall be jointly
and severally liable for the cost of discharging it
and any costs incurred by the Board by reason of said
lien or liens shall be specially assessed to said
Unit Owners;
15. To maintain and repair any Unit if such maintenance
or repair is necessary, in the discretion of the
Board, to protect the Common Elements or any other
portion of the Property, and the Unit Owner of such
Unit has failed or refused to perform said maintenance
or repair within a reasonable time after written
notice of the necessity of said maintenance or repair
mailed or delivered by the Board to said Unit Owner,
provided that the Board shall levy a special assess-
ment against such Unit Owner for the cost of said
maintenance or repair;
16. The Board or its agent, upon reasonable notice, may
enter any Unit when necessary in connection with any
maintenance or construction for which the Board is
responsible. Such entry shall be made with as little
inconvenience to the Unit Owner as practicable, and
any damage caused thereby shall be repaired by the
Board as a Common Expense;
17. The Board's powers hereinabove enumerated and described
in this Declaration shall be limited in that the Board
shall have no authority to acquire and pay for any
structural alterations, additions to, or improvements
of the Common Elements (other than for purposes of
replacing or restoring portions of the Common Elements
in accordance with the provisions of this Declaration)
requiring an expenditure in excess of Five Thousand
Dollars ($5,000) without in each case the prior
approval of Voting Members having two - thirds (2/3) of
the total votes;
18 All agreements, contracts, deeds, leases, vouchers
for payment of expenditures and other instruments
shall be signed by such officer or officers or
agent or agents of the Board and in such manner
as from time to time shall be determined by written
resolution of the Board. In the absence of such
determination by the Board, such documents shall be
signed by the treasurer and counter- signed by the
president of the Board;
19. The Board may adopt such reasonable rules and regula-
tions which are not inconsistent with this Declara-
tion and which the Board deems advisable for the
maintenance, administration, management, operation,
use, conservation, and beautification of the Property,
and for the health, comfort, safety, and general wel-
fare of the Unit Owners and Occupants. Written
notice of such rules and regulations shall be given
to all Unit Owners and Occupants, and all Unit Owners
and Occupants shall at all times by subject to and
comply with such rules and regulations and the entire
Property shall at all times be maintained subject to
such rules and regulations;
20. The Board may engage the services of an agent to
manage the Property to the extent deemed advisable
by the Board and the Board may retain the services
of any accountant and attorney.
21. Nothing hereinabove contained shall be construed to
give the Board, the Association, or the Unit Owners
authority to conduct an active business for profit on
behalf of all the Unit Owners or any of them; and
22. Upon authorization by the affirmative vote of not less
than a majority of the Voting Members at a meeting
duly called for such purposes, the Board, acting on
behalf of all Unit Owners, shall have the power to
seek relief from or in connection with the assessment
or levy of any real property taxes, special assess-
ments and any other special taxes or charges of the
State of Illinois or any political subdivision thereof,
or any other lawful taxing or assessing body, which
are authorized by law to be assessed and levied on
real property and to charge and collect all expenses
incurred in connection therewith as Common Expenses.
ARTICLE VII
MEMBERS
(UNIT OWNERS)
A. Voting Rights. There shall be one person with respect
to each Unit Ownership who shall be entitled at any meeting of the
Unit Owners. Such Voting Member shall he the Unit Owner or one of
the Persons included in the Unit Owner of a Unit Ownership or the
beneficiary or one of the beneficiaries of a land trust which is a
Unit Owner or some person (who need not be a Unit Owner) designated
by such Unit Owner or beneficiary or beneficiaries to act as proxy
on behalf of such Unit Owner or beneficiary or beneficiaries. Such
designations shall be made in writing to the Board and shall be
revocable at any time by actual notice to the Board of the death or
judicially declared incompetence of any designator, or by written
notice to the Board by the Unit Owner. Any or all of the Persons
included in the Unit Owner of a Unit Ownership, and their designee,
if any, may be present at any meeting of the Voting Members, but
only the Voting Member of the Unit Ownership may vote or take any
other action as a Voting Member either in person or by proxy. The
total number of votes of all Voting Members shall be 100, and each
Unit Owner shall be entitled to the number of votes equal to the
total of the percentage of ownership in the Common Elements appli-
cable to such Unit Owner's Unit Ownership as set forth in Exhibit B
attached hereto. The Developer shall designate the Voting Member
with respect to any Unit Ownership owned by the Trustee. The
Association shall have one class of membership only and nothing
contained in the Condominium Instruments shall permit or allow
different classes of membership among the Unit Owners.
B. Quorum. Meetings of the Voting Members shall be held
at the Property or at such other place in Cook County, Illinois,
as may be designated in any notice of a meeting. The presence in
person or by proxy at any meeting of the Voting Members of at least
a majority of the Voting Members and Voting Members having at least
a majority of the total votes shall constitute a quorum. Unless
otherwise expressly provided herein, any action may be taken at any
meeting of the Voting Members at which a quorum is present upon the
affirmative vote of the Voting Members having a majority of the
total votes represented at such meeting.
C. Initial and Annual Meetings. The initial meeting of the
Voting Members shall be held upon not less than ten (10) or more
than thirty (30) days' written notice given by the Trustee or
Developer, but in any event, the initial meeting of the Voting
Members shall be held not later than sixty (60) days after a con-
veyance by the Trustee or Developer of 75? of the Units or three (3)
years after the recording of this Declaration, whichever is earlier
provided, however, (i) the words "75% of the Units" as used in the
preceding clause of this sentence shall mean 75% of the sum of the
Units listed on Exhibit B attached hereto plus all of the Units
which Developer contemplates constructing on the Additional Land
and adding to the Property pursuant to one or more Amendment to
Condominium Declaration described in Article XII of this Declaration,
and (ii) the aforedescribed three (3) year period shall he extended
for an additional three (3) years from the date of recording of the
last of such Amendment to Condominium Declaration recorded prior to
three (3) years after the recording of this Declaration. After the
initial meeting of the Voting Members, there shall be an annual
meeting of the Voting Members on the first Wednesday of each suc-
ceeding November thereafter at 7:30 p.m., or at such other reasonable
time or date (not more than thirty (30) days before or after such
date) as may be designated by written notice of the Board delivered
to the Voting Members not less than ten (10) days or more than
thirty (30) days prior to the date fixed for said meeting.
D. Special Meetings. Special meetings of the Voting Members
may be called at any time for the purpose of considering matters
which, by the terms of this Declaration, require the approval of all
or some of the Voting Members, or for any other reasonable purpose.
Said meetings shall be called by written notice, authorized by the
president of the Board, a majority of the Board, or by the Voting
Members having 20% of the total votes and delivered not less than
ten (10) days or more than thirty (30) days prior to the date fixed
for said meeting. The notices shall specify the date, time, and
place of the meeting and the matters to be considered. Matters to
be submitted at special meetings of the Voting Members shall first
be submitted to the Board, at least ten (10) days prior to the
special meeting, who shall then submit the matters to the Voting
Members.
E. Notices of Meetings. Notices of meetings required to be
given under this Declaration may be delivered either personally or
by mail to the person entitled to vote thereat, addressed to each
such person at the address given by such person to the Board for
the purpose of service of such notice, or to the Unit of the Unit
Owner with respect to which such voting right appertains, if no
address has been given to the Board, provided that any such notice
shall be delivered no less than 10 days and no more than 30 days
prior to the date fixed for such meeting and such notice shall state
the date, time, place and purpose of such meeting.
F. Miscellaneous. No merger or consolidation of the Associa-
tion, no sale, lease, exchange, mortgage, pledge, or other disposi-
tion of all, or substantially all of the property and assets of the
Association, and no purchase or sale of land or of Units on behalf
of all Unit Owners shall be effectuated unless there is an affirma-
tive vote of two- thirds (2 /3rds) of the votes of Unit Owners, unless
a greater percentage is otherwise provided for in this Declaration.
At any time, in the event that thirty percent (30%) or less of the
total number of Units control in excess of fifty percent (50%) of
the total votes of the Association, any provision in this Declara-
tion which requires a vote by Unit Owners holding a certain percent-
age of the total vote shall require, in lieu thereof, that the per -_
centage required be based on the number of Units rather than the
percentage of the votes allocable to Units pursuant to their respec-
tive percentage of ownership in the Common Elements.
ARTICLE VIII
ASSESSMENTS - MAINTENANCE FUND
A. Estimated Annual Budget and Assessments. Each year on
or before November 1, the Board shall estimate the total amount
necessary to pay the cost of all Common Expenses which will be
required during the ensuing calendar year for the rendering of all
services, together with a reasonable amount considered by the Board
to be necessary for a reserve for contingencies and replacements.
The annual budget shall set forth with particularity all anticipated
Common Expenses by category as well as all anticipated assessments
and other income. The budget shall also set forth each Unit Owner's
proposed common expense assessment. Each Unit Owner shall receive,
at least thirty (30) days prior to the adoption thereof by the Board,
a copy of the proposed annual budget. The annual budget shall also
take into account the estimated net available cash income for the
year from the operation or use of the Common Elements, if any. The
"estimated annual budget" shall be assessed to the Unit Owners
according to each Unit Owner's percentage of ownership in the Common
Elements as set forth in Exhibit B attached hereto. Each Unit Owner
shall receive notice in the same manner as is provided in this
Declaration for membership meetings of any meeting of the Board con-
cerning the adoption of the proposed annual budget or any increase
or establishment of an assessment. Said meetings of the Board shall
be open to any Unit Owner, and notice of such meeting shall be
mailed at least forty -eight (48) hours prior thereto, unless a
written waiver of such notice is signed by the Person or Persons
entitled to such notice before the meeting is convened. On or
before January 1 of the ensuing year, and the first of each and
every month of said year, each Unit Owner jointly and severally shall
be personally liable for and obligated to pay to the Board or as the
Board may direct one - twelfth (1/12) of the assessment against such
Unit Owner's Unit Ownership made pursuant to this Paragraph. On or
before April 1 of each calendar year following the year in which
the initial meeting is held, the Board shall supply to all Unit
Owners an itemized accounting of the Common Expenses for the pre-
ceding year actually incurred and paid, together with a tabulation
of the amounts collected pursuant to the budget or assessments, and
showing the net excess of deficit of income over expenditures plus
Reserves. Any amount accumulated in excess of the amount required
for actual expenses and Reserves shall be credited according to
each Unit Owner's percentage of ownership in the Common Elements
to the next monthly installments due from Unit Owners under the
current year estimate, until exhausted, and any net shortage shall
- 12 -
shall be added according to each Unit Owner's percentage of owner-
ship in the Common Elements to the installments due in the suc-
ceeding six (6) months after rendering of the accounting.
B. Reserves and Adjustments. The Board shall establish
and maintain a reasonable reserve for contingencies and replacements.
Any extraordinary or nonrecurring Common Expense, any Common Expense
not set forth in the budget as adopted, and any increase in assess-
ments over the amount adopted shall be separately assessed against all
Unit Owners. Any such separate assessment shall be subject to approv-
al by the affirmative vote of at least two - thirds (2/3) of the Unit
Owners voting at a meeting of such Unit Owners duly called for the
purpose of approving the assessment if it involves proposed expend-
itures resulting in a total payment assessed to a Unit Owner equal
to the greater of five (5) times the Unit's most recent Common
Expense assessment calculated on a monthly basis or 100 hundred
dollars ($100). All Unit Owners shall be personally liable for and
obligated to pay their respective adjusted monthly amount.
C. Initial Budget. The initial Board appointed by the
Developer shall determine and adopt, prior to the conveyance of
the first Unit hereunder, the "estimated annual budget" for the
initial period commencing with the first day of the month in which
the sale of the first Unit is closed and ending on December 31 of
the calendar year in which such sale occurs and shall continue to
determine the "estimated annual budget" for each succeeding calendar
year until such time as the first Board elected hereunder takes
office. Assessments shall be levied against the Unit Owners during
said periods as provided in Paragraph A of this Article.
D. Failure to Prepare Estimates. The failure or delay of
the Board to prepare or serve the annual or adjusted estimate on
the Unit Owner shall not constitute a waiver or release in any
manner of such Unit Owner's obligation to pay the maintenance costs
and necessary Reserves, as herein provided, whenever the same shall
be determined, and, in the absence of any annual estimate or adjusted
estimate, the Unit Owner shall continue to pay the monthly maintenance
charge at the then existing monthly rate established for the previous
period until the next monthly maintenance payment which is due not
less than ten (10) days after such new annual or adjusted estimate
shall have been mailed or delivered.
E. Books and Records. The Board shall keep full and correct
books of account in chronological order of the receipts and expendi-
tures affecting the Common Elements (other than the Limited Common
Elements), specifying and itemizing the maintenance and repair
expenses of the Common Elements (other than the Limited Common
Elements), and any other expenses incurred by the Board. Such
records and the vouchers authorizing the payments shall be available
for inspection by any Unit Owner or any representative of a Unit
Owner duly authorized in writing, at such reasonable time or times
during normal business hours as may be requested by the Unit Owner.
Upon ten (10) days' notice to the Board and payment of a reasonable
fee, any Unit Owner shall be furnished a statement of his account
setting forth the amount of any unpaid assessments or other charges
due and owing from such Unit Owner.
F. Use of Funds. All funds collected hereunder shall be
held and expended for the purpose designated herein, and (except
for such special assessments as may be levied hereunder against
less that all the Unit Owners and for such adjustments as may be
required to reflect delinquent or prepaid assessments) shall be
deemed to be held for the benefit, use and account of all the Unit
Owners in the percentages set forth in Exhibit B attached hereto.
C. Insurance. Any insurance premiums assessed on a basis
reflecting increased charges for coverage on certain Units shall
be assessed to such Unit.
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2. Ownership of Conunon Elements. Each owner shall own an
undivided interest in the Common Elements as a tenant in common with
all the other Owners of the Property, and, except as otherwise
limited in this Declaration shall have the right to use the Common
Elements for all purpu:u:s incident to the use and occupancy of his
unit as a professional or business office; and such other incidental
uses permitted by this Declaration; which right shall be appurtenant
to and run with his Unit. The extent or amount of such ownership
shall be expressed as a percentage amount, and once determined, shall
remain constant; provided however, that said percentage may be .changed:
(a) Pursuant to the terms of ARTICLE XIII hereinbelow,
or Owners; or
without the consent of any Owner
(b) with the consent of each and all the Owners.
The Trustee has determined each Unit's corresponding percentage
of ownership in the Conunon Elements, subject to change as aforesaid,
and the same is set forth in Exhibit "C" attached hereto and incorpor-
ated herein by this reference.as though fully set forth herein. Said
Exhibit "C" as now extant or as from time to time hereafter amended,
is hereinafter referred to as Exhibit "C
3. Alteration _of Conunon 1 eients_ Subject to such reasonable
regulations as shall be established by the Board of Directors, the
owner of any two units which shall be separated only by a common
element which is a wall may alter or remove all or portions of the
intervening wall, if the structural integrity of the building is not
thereby affected and if the finish of the common element then remain-
ing is restored to a condition substantially comparable to that of
the common element prior to such alteration. Upon the termination of
the common ownership of such adjacent units, if the intervening wall
shall have been altered or removed pursuant to the foregoing provisions,
each of the owners of such units shall be obligated to restore such
intervening wall to substantially the condition in which the same
existed prior to such alteration or removal.
ARTICLE 1V
GENERAL PROVISIONS AS TO
UNIT OWNEI:SHI P AND COMMON ELEMENTS
1. Submi ssi on of Property to ;�Condomi nium Property Act ". The
Property is hereby submitted to the provisions of the "Condominium
Property Act" of the State of Illinois, as amended.
2. No S,.vc:rance of owner hi _p. No Owner shall execute any
deed, mortgage, lease, or other instrument affecting title to his
Ownership without including therein both his interest in the Unit
and his corresponding percentage of ownership in the Common Elements,
it being the intention hereof to prevent any severance of such com-
bined ownership. Any such deed, mortgage, lease or other instrument
purpniLing to affect the one without including also the other shall
be deenard and taken to include the interest so omitted even though
the later is not expressly mentioned or described therein.
3. EasemqnLs.
(a) Encroaclm -nLs. In the event that by reason of the
construction, settlement or shifting of any build-
ing or the design or construction of any Unit, any
part of the Couunon Elements encroaches or shall
hereafter encroach upon any part of any Unit, or
any part of any Unit encroaches or shall hereafter
encroach upon any part of the Common Elements or
any other Unit; or, if by reason of the design or
construction of any Unit, it shall be necessary
for an Owner to use or occupy any portion of the •
Couunon Elements for any reasonable use appurtenant
to said Unit, which will-not in any way unreasonably
interfere with the use or enjoyment of the Common
H. Assessments. If a Unit Owner is in default in the
monthly payment of the aforesaid charges or assessments for thirty
(30) days, the members of the Board may bring suit for and on behalf
of themselves and as representatives of all Unit Owners, to enforce
collection thereof or to foreclose the lien therefor as hereinafter
provided; and there shall be added to the amount due the costs of
said suit, and other fees and expenses together with legal interest
and reasonable attorneys' fees to be fixed by the court. To the
extent permitted by any decision or any statute or law now or here-
after effective, the amount of any delinquent and unpaid charges or
assessments, and interest, costs, and fees as above provided, shall
be and become a lien or charge against the Unit Ownership of the
Unit Owner involved when payable and may be foreclosed by an action
brought in the name of. the Board as in the case of foreclosure of
liens against real estate. Such lien shall take effect and be in
force when and as provided in the Act; provided, however, that
encumbrances owned or held by any bank, insurance company, savings
and loan association, or other lender shall he subject as to pri-
ority after written notice to said encumbrancer of unpaid Common
Expenses only to the lien of all Common Expenses on the encumbered
Unit Ownership which become due and payable subsequent to the date
the encumbrancer either to kes possession of the Unit, accepts a
conveyance of any interest in the Unit Ownership or has a receiver
appointed in a suit to foreclose its lien. In addition to the fore-
going, the Board or its agents shall have such other rights and
remedies to enforce such collection as shall otherwise be provided
or permitted by law from time to time. Without limiting the gener-
ality of the foregoing, if any Unit Owner shall fail to pay the pro-
portionate share of the Common Expenses or of any other expenses
required to be paid hereunder when due, such rights and remedies
shall include: (i) the right to enforce the collection of such
defaulting Unit Owner's share of such expenses (whether due by
acceleration or otherwise), together with interest thereon, at the
maximum rate permitted by law, and all fees and costs (including
reasonable attorneys' fees) incurred in the collection thereof;
(ii) the right, by giving such defaulting Unit Owner five days'
written notice of the election of the Board so to do, the accelerate
the maturity of the unpaid installments of such expenses accruing
with respect to the balance of the assessment year; and (iii) the
right to take possession of such defaulting Unit Owner's interest
in the Property, to maintain for the benefit of all the other Unit
Owners an action for possession in the manner prescribed in "an
Act in regard to Forcible Entry and Detainer ", approved February 16,
1874, as amended, and to execute leases of such defaulting Unit
Owner's interest in the Property and apply the rents derived there-
from against such expenses.
I. Nonuse. No Unit Owner may waive or otherwise escape
liability for the assessments provided for herein by nonuse of the
Common Elements or abandonment of his Unit.
J. Initial Deposit for Contingencies and Replacements. At
the time the initial sale of each Unit is closed, the purchaser of
the Unit shall pay to the Association an amount equal to two (2)
times the first full monthly assessment for such Unit. This sum
shall be used to initially fund the reserve for contingencies and
replacements described in Paragraph B of this Article. This payment
shall not be refundable and shall not be applied as a credit against
the Unit Owner's monthly assessments.
K. User Charges. The Board shall establish, and each Unit
Owner shall pay, user charges to defray the expense of providing
services, facilities or benefits which may not be used equally or
proportionately by all of the Unit Owners or which, in the judgment
of the Board, should not be charged to every Unit Owner. Such
expenses may include, without limitation, charges for use of master
antenna system and fees for such other services and facilities pro-
vided to Unit Owners which should not be reasonably allocated among
- 19 -
all of the Unit Owners in the same manner as the Common Expenses.
Such user charges may be billed separately to each Unit Owner bene-
fited thereby, or may be added to such Unit Owner's share of the
Common Expenses, as otherwise determined, and collected as a part
thereof. Nothing herein shall require the establishment of user
charges pursuant to this Paragraph, and the Board may elect to
treat all or any portion thereof as Common Expense.
ARTICLE IX
DAMAGE OR DESTRUCTION AND
RESTORATION OF BUILDING
1. Sufficient Insurance. In the event the improvements
forming a part of the Property, or any portion thereof, including
any Unit shall suffer damage or destruction from any cause and the
proceeds of any policy or policies insuring against such loss or
damage, and payable by reason thereof, shall be sufficient to pay
the cost of repair or restoration or reconstruction, then such repair,
restoration or reconstruction shall be undertaken and the insurance
proceeds shall be applied by the Board or the payee of such insurance
proceeds in payment therefore; provided, however, that in the event
within thirty (30) days after said damage or destruction, the Owners
elect either to sell the Property as hereinafter provided in
Article XI hereof, or to withdraw the Property from the provisions
of this Declaration,and from the provisions of the Act as therein
provided, then such repair, restoration or reconstruction shall not
he undertaken. In the event such repair, restoration or reconstruc-
tion is not undertaken, the net proceeds of insurance policies shall
be divided by the Board or the payee of such insurance proceeds
amont all Owners according to each Owner's percentage of ownership
in the Common Elements as set forth in Exhibit "C" after first paying
out of the share of each Owner the amount of any unpaid liens on his
Unit, in the order of the priority of such liens.
2. Insufficient Insurance. In the event the Property or the
improvements thereon so damaged or destroyed are not insured against
the peril causing the loss or damage, or the insurance proceeds are
not sufficient to pay the cost of repair, restoration, or reconstruc-
tion, and the Owners and all other parties in interest do not volun-
tarily make provision for reconstruction of the improvements within
ninety (90) days after said damage or destruction, then the provi-
sions of the Act in such event shall apply.
3. Extent of Repair, Restoration or Reconstruction. Repair,
restoration or reconstruction of the improvements as used in this
Article means restoring the improvements to substantially the same
condition in which they existed prior to the damage or destruction,
with each Unit and the Common Elements having the same vertical and
horizontal boundaries as before.
ARTICLE X
PARTIAL CONDEMNATION
Notwithstanding anything in this Declaration to the contrary,
in case less than all the buildings containing Units are taken by
exercise of the power of eminent domain (except as to any compensa-
tion specifically allocated or awarded to the Owners whose Units
are not located in the buildings so taken or as to any compensation
allocated or awarded to each Unit Owner whose Unit is in the building
so taken), the entire award or proceeds shall be divided among the
Owners of the Units in the buildings so affected by such condemnation
in the proportion that each such Owner's percentage of ownership in
the Common Elements bears to the total percentage of ownership in
the Common Elements of all the Units so taken, after first paying
out of the share of each such Owner the amount of any unpaid liens
- 15 -
on his Unit or caused by him to be placed on any other portion of
the Property. Upon receiving his share of the award or proceeds
as aforesaid, all interest of each such Owner in the Property shall
terminate and each such Owner agrees to execute all documents that
may be deemed necessary or desirable to effect such termination of
interest, including, without limiting the generality of the fore-
going, such documents that may be necessary to withdraw the Property
from the Act for the purposes of resubmitting to the Act that portion
of the Property not so taken. Where buildings are permanently eli-
minated from the condominium as a result of condemnation, the inter-
ests of the remaining Owners in the Common Elements so eliminated
from the condominium shall automatically terminate and their interest
in the remaining Common Elements shall be automatically increased to
a percentage equal to the ratio each remaining Unit's percentage of
ownership in the Common Elements prior to such increase bore to the
sum of the percentage of ownership in the Common Elements of all
remaining Units prior to such increase. An amended declaration
shall be filed of record reflecting the changes in the percentage
of the Common Elements and such amended declaration when filed of
record shall relate back to a time immediately prior to the taking
or destruction aforesaid.
ARTICLE XI
SALE OF THE PROPERTY
The Owners by affirmative vote of at least 85% of the Owners
at a meeting duly called for such purpose may elect to sell the
Property as a whole. Within ten (10) days after the date of the
meeting at which such sale was approved, the Board shall give
written notice of such action to the holder of any duly recorded
mortgage or trust deed against any Unit Ownership entitled to notice
under Section 2 of Article XIV of this Declaration. Such action
shall be binding upon all Owners, and it shall thereupon become the
duty of every Owner to execute and deliver such instruments and to
perform all acts as in manner and form may be necessary to effect
such sale, provided, however, that any Owner who did not vote in
favor of such action and who has filed written objection thereto
with the Board within twenty (20) days after the date of the meeting
at which such sale was approved shall be entitled to receive from
the proceeds of such sale an amount equivalent to the value of his
interest, as determined by a fair appraisal, less the amount of any
unpaid assessments or charges due and owing from such Owner. In
the absence of agreement on an appraiser, such Owner and the Board
may each select an appraiser, the two so selected shall select a
third, and the fair market value, as determined by a majority of
the three so selected shall control. If either party shall fail to
select an appraiswer, then the one designated by the other party
shall make the appraisal.
ARTICLE XII
REMEDIES FOR BREACH OF CONVENANTS,
RESTRICTIONS AND REGULATIONS
1. Abatement and Enjoinment. The violation of any restric-
tion or condition or regulation adopted by the Board, or the breach
of any convenant or provision herein contained, shall give the
Board the right, in addition to the rights set forth in the next
succeeding section:
(a) to enter upon that part of the Property where such
violation or breach exists and summarily abate and
remove, at the expense of the defaulting Owner, any
structure, thing or condition that may exist there-
on contrary to the intent and meaning of the pro-
visions hereof, and the Trustee, or its beneficiaries,
or their successors or assigns, or the Board, or its
agents shall not thereby be deemed guilty in any
manner of trespass; or
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(b) To enjoin, abate or remedy by appropriate legal
proceedings, either at law or in equity, the
continuance of any breach. All expenses of the
Board in connection with such actions or proceedings,
including court costs and attorneys' fees and other
fees and expenses, and all damages, liquidated or
otherwise, together with interest thereon at the
maximum legal rate until paid, shall be charged to
and assessed against such defaulting Owner and shall
be added to and deemed part of his respective share
of the common expense, and the Board shall have a
lien for all of the same upon the Unit Ownership of
such defaulting Owner and upon all of his additions
and improvements thereto and upon all of his personal
property in his Unit or located elsewhere on the
Property. Any and all of such rights and remedies
may be exercised at any time and from time to time,
cumulatively or otherwise, by the Board.
2. Involuntary Sale. If any Owner (either by his own conduct
or by the conduct of any other occupant of his Unit) shall violate
any of the convenants or restrictions or provisions of this Declara-
tion or the regulations adopted by the Board, and such violation
shall continue for thirty (30) days after notice in writing is trans-
mitted by the Board, or shall reoccur more than once after such notice,
then the Board shall have the power to issue to the defaulting Owner
a ten (10) day notice in writing to terminate the rights of said
defaulting Owner to continue as an Owner and to continue to occupy,
use or control his Unit and thereupon an action in equity may be filed
by the members of the Board against the defaulting Owner for a decree
of mandatory injunction against the Onwer or occupant or, in the
alternative, a decree declaraing the termination of the defaulting
Owner's right to occupy, use or control the Unit owned by him on
account of the breach of covenant, and ordering that the right,
title and interest of the Owner in the Property shall be sold
(subject to the lien of any existing mortgage) at a judicial sale
upon such notice and terms as the court shall establish, except that
the court shall enjoin and restrain the defaulting Owner from re-
acquiring his interest in the Property at such judicial sale. The
proceeds of any such judicial sale shall first be paid to discharge
court costs, court reporter charges, reasonable attorneys' fees and
all other expenses of the proceeding and sale, and all such items
shall be taxed against the defaulting Owner in said decree. Any
balance of the proceeds, after satisfaction of such charges and any
unpaid assessments hereunder or any liens, shall be paid to the
Owner. Upon the confirmation of such sale, the purchaser thereat
shall thereupon be entitled to a deed to the Unit Ownership and,
subject to the Board's rights as provided in Section 4, Article VIII
hereof, to immediate possession of the Unit sold and may apply to
the court for a writ of assistance for the purpose of acquiring such
possession, and it shall be a condition of any such sale, and the
decree shall provide, that the purchaser shall take the interest in
the Property sold subject to this Declaration.
3. Action in Forcible Entry and Detainer. If any Owner either
by his own conduct or by the conduct of any other occupant of his
Unit shall violate any of the covenants, restrictions or provisions
of this Declaration or the regulations adopted by the Board and such
violation shall continue for thirty (30) days after notice in writing
is transmitted by the Board, or shall reoccur more than once after
such notice, then the Board shall, in addition to and not in deroga-
tion of the other remedies herein provided, have the right to take
immediate possession of the Unit owned by such Owner, which right
shall be enforceable by the Board or its agents, acting for the
benefit of the other Owners under the provisions of the Illinois
Forcible Entry and Detainer Act, as amended.
ARTICLE }{rte
COVENANTS AND RESTRICTIONS
AS TO USE AND OCCUPANCY
The Units and Common Elements shall be occupied and used as
follows:
(a) No part of the Property shall be used for other than
professional or business office use and related common
purposes for which the property was designed. Each
Unit or any two or more adjoining Units used together
shall be uticd as a professional or business office
use, or such other uses permitted by this Declaration
and for no other purpose. That part of the Common
Elernents separating any two or more adjoining Units
used together as aforesaid may be altered to afford
ingress and egress to and from such adjoining Units
in Stich manner and upon such conditions as shall be
determined by the Board by written resolutions.
(b) There shall be no obstruction of the Corrunon Elements
nor shall anything be stored in the Common Elements
without the prior consent of the Board except as
hereinafter expressly provided. Each Owner shall be
obligated to decorate, maintain and keep in good
order and repair his own Unit.
(c) Nothing shall be done or kept in any Unit or in the
Common Elements which will increase the rate of
insurance on the building or contents thereof,
applicable for professional or business office use,
without prior written consent of the Board. No Owner
shall permit anything to be done or kept in his Unit
or in the Common Elements which will result in the
cancellation of insurance on the building, or contents
thereof, or which would be in violation of any law.
No waste shall be committed in the Common Elements.
(d) Each Owner shall be responsible for his own insurance
on his personal property in his Unit, his personal
property stored elsewhere on the Property and his
personal liability to the extent not covered by the
liability insurance for all the Owners obtained by
the Board as hereinbefore provided.
(e) Owners shall not cause or permit anything to be placed
on the outside walls of the building and no sign,
awning, canopy, shutter, radio or television antenna
shall be affixed to or placed upon the exterior walls
or roof or any part thereof, without the prior written
consent of the Board.
(f)
The use and the covering of the interior surfaces of
the glass doors and windows appurtenant to the Units
of the building, whether by draperies, shades or
other items visible from the exterior of the building,
shall be subject to the rules and regulations of the
Board.
(g) In order to enhance the soundproofing of the building
the floor covering for all occupied Units shall meet
the minimum standard established by the Board.
(h) No immoral, improper,unlawful or offensive activity
shall be carried on in any Unit or in the Common
Elements, nor shall anything be done therein, either
willfully or negligently, which may be or become an
annoyance or nuisance to the other Owners or occupants.
Nothing shall be done in any Unit or in, on or to the
common Elements which will impair the structural
integrity of the building or which would structurally
change the building except as is otherwise provided
herein.
(i)
(j) The Common Elements shall be kept free and clear of
rubbish, debris and other unsightly materials.
(k) No "For Sale" or "For Rent" signs, advertising or
other display shall be maintained or permitted on
any part of the Property except at such location and
in such form as shall be determined or permitted in
writing by the Board; provided, however, that the Trustee
and the Developer, or either of them expressly reserve the
following rights unto themselves or their duly appointed
agents:
(i) To maintain anywhere on the Common Elements
and Units owned by either of them or any
part thereof, all models, sales offices,
advertising signs, banners, billboards,
l ight iiig, and any other activity or property
relating to the sale or advertising for sale
of the Units, by the Developer or the Trustee,
provided that such activity or property shall
not unreasonably interfere with the exercise
and enjoyment by any Owner, of his respective
Unit Ownership.
(ii) The unconditional right of use of and access
over, through and upon any and all parts of
the Common Elements for the purposes set
forth in subparagraph (i) of this paragraph
(k) of this ARTICLE VII, and for any other
lawful purpose which does not unreasonably
interfere with the exercise and enjoyment
by any Owner, of his respective Unit Ownership.
The rights reserved in this subparagraph (k) of this
ARTICLE VII, shall exist only until the last Unit
Owned by the Trustee or the Developer has been sold,
whereupon said rights shall automatically cease and
deterinine without notice or other action by any person.
Said rights :;ba l l until the time above prescribed,
exist notwithstanding the formation of an Association
or the election of a Board of Managers, it being the
intent and purpose hereof that such rights shall survive
the formation of an Association or the election of a
Board of Managers.
(1) After completion of construction of the building noth-
ing shall be altered, constructed in or removed from
the Common Elements, except upon the written consent
of the Board.
(m) If, due to the act or neglect of a Unit Owner, or of
an employee of Owner or of any other authorized occup-
ant or visitor of such Unit Owner, damage shall be
caused to the Common Elements or to a Unit or Units
owned by others, or maintenance, repairs or replace-
ments shall be required which would otherwise be at the
common expense, then such Unit Owner shall pay for
such damage and such maintenance, repairs and replace-
ments, as may be determined by the Board, to the extent
not covered by insurance.
(n) No campers, trailers, boats or trucks, other than for
normal deliveries, shall be permitted to be parked
in the parking areas.
(o) No type of washer or dryer, or other laundry equipment
shall be installed in any unit.
ARTICLE XIV
SALE, LEASING OR OTHER ALIENATION
1. Sale or Lease.
(a) Sale. Any Owner other than the Trustee or Developer
who wishes to sell his Unit Ownership shall give to
the Board or the Trustee or Developer (if the Board
has not been formed) not less than thirty (30) days'
prior written notice of the terms of any bona fide
offer to purchase the said Unit Ownership received
by said Owner, together with the name, address and
financial and character references of the proposed
purchaser, the terms of the offer to purchase, and
such other information concerning the proposed
purchaser as the Board may reasonably require. The
members of the Board or the Trustee or the Developer
(if the Board has not been formed) acting on behalf of
the other Owners shall at all times have the first
right and option to 'purchase such Unit Ownership
upon the same terrns, which option shall be exercisable
for a period of thirty (30) days following the date
of receipt of such notice. If said option is not
exercised by the Board, Trustee or Developer (as
the case may be) within said thirty (30) days, or
is waived in writing prior to the expiration of said
thirty (30) days, the Owner may, at the expiration of
said thirty (30) day period and at any time within
sixty (60) days after the expiration of said period,
contract to sell such Unit Ownership to the proposed
purchaser named in such notice upon .substantially
the terms specified therein and upon no other terrns.
If the Owner fails to completely consummate said
proposed sale transaction within said sixty (60) days,
the Unit Ownership shall again become subject to the
Board's or the Trustee's or Developer's (if the
Board has not been formed) right of first refusal as
herein provided.
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(b) Lease_ Notwithstanding anything herein to the con-
trary neither the Board nor the Trustee nor the
Developer shall have any right of first refusal if
an Owner other than the Trustee or the Developer
contemplates a lease of his Unit Ownership, provided
however that each and all of the following conditions
exist:
(i) Said lease is in writing, and is for a
term of not more than two (2) years.
(ii) The Owner submits written notice to the
Board (or Trustee or Developer, if the
Board has not been formed) of the contem-
plated lease, at least thirty (30) days
prior to the execution of such lease, which
notice contains the information required
in sub-paragraph 1(a) of this ARTICLE VIII
above. The Board (Trustee, or Developer as
the case may be) must thereafter consent to
the execution of said lease, which consent
shall not be conditioned upon the payment
of any fee and shall not be otherwise un-
reasonably withheld; if the Board (Trustee,
or Developer as the case may be) fails to
consent for good cause, it must serve the
Owner with written reasons for the failure
of consent within thirty (30) days of receipt
of the notice of contemplated lease. If the
Board (Trustee, or Developer as the case may
be) fails to serve written reasons upon the
Owner within the prescribed time, the Board
(Trustee, or Developer as the case may be)
shall be conclusively presumed to have con-
sented to said lease.
(iii) The Owner shall not, by virtue of any such
lease, be in any way discharged or released
from his liabilities and obligations as an
Owner, and shall remain liable for and
obligated to perform all conditions and to
pay all sums, lawfully duo or required, as
a consequence of Unit Ownership. The Owner
shall execute and deliver to the Board
(Trustee, or Developer as the case may be)
such further assurances that all such
obligations will be fully performed and
discharged, as the Board (Trustee, or
Developer as the case may be) shall reasonably
require.
The conditions in this subparagraph 1(b) set forth
shall be strictly construed to insure full and complete
compliance therewith. Any contemplated lease or other
.alienation not strictly in compliance with the above
conditions, shall be considered a sale and subject to
the right of first refusal provided in subparagraph •
1(a) of this ARTICLE VIII. Provided, however, that
nothing in this subparagraph 1 (b) or elsewhere in
this Declaration shall be construed to deny or limit
in any way the Developer's or Trustee's right. to lease
its Unit Ownership.
2. Gift. Any Owner other than the Developer or Trustee who
wishes to ,Hake a gift of his Unit Ownership or any interest therein
shall give to the Board (or to the Developer or Trustee if the Board
has not been formed) not less than ninety (90) days' written notice
of his or her intent to ,hake such gift prior to the contemplated
date thereof, together with the name, address and financial and •
character references of the intended donee and such other information
concerning the intended donee as the Board (or Developer or Trustee
as the case may be) may reasonably require. The Board (or Developer
or Trustee as the case may be) acting on behalf of the other Owners,
shall at all times have the first right and option to purchase such
Unit Ownership or interest therein for cash at fair marl; ..t value to
be determined by arbitration as herein provided, which Option shall
be exercisable until the date of expiration as provided herein.
Within fifteen (15) days after receipt of said written notice by
the Board (or Developer or Trustee as the case may be), the Board
(or Developer or Trustee as the case maybe) and the Owner desiring
to wake such gift shall each appoint a qualified real estate appraiser
to act as arbitrators. The two arbitrators so appointee shall, within
ten (10) days after their appointment, appoint another qualified real
estate appraiser to act as the third arbitrator, the three arbitrators
shall determine, by majority vote, the fair market value of the Unit
Ownership or interest therein which the Owner contemplates conveying
by yift, and shall thereupon give written notice of such determination
to the Owner and the Board (or Developer or Trustee as the case may
be). If either party shall fail to select an appraiser, then the
appraiser designated by the other party shall make the appraisal.
The Board's (or Developer or Trustee as the case may be) option to
purchase the Unit Ownership or interest therein shall expire forty -
five (45) days after the date of receipt by it of written notice
of :;ueh determination of fair market value.
3. Devise. In the event any Owner dies leaving a will
devising his Unit Ownership, or any interest therein, and said will
is admitted to probate, the members of the Board (or the Developer
or Trustee if the Board has not been formed) acting on behalf of the
other Owners, shall have a like option (to be exercised in the manner
hereinafter set forth) to purchase said Unit Ownership, or interest
therein, either from the devisee or devisees thereof named in said
will, or if a power of sale is conferred by said will upon the person-
al representative named therein, from the personal representative
acting pursuant to said power, for cash at fair market value which
is to be determined by arbitration as herein provided. Within sixty
(60) days after the appointment of a personal representative for the
estate of tie deceased Owner, the Board (or the Developer or Trustee
as the case may be) shall appoint a qualified real estate appraiser
to act as an aribtrator, and shall thereupon give written notice of
such appointment to the said devisee or devisees or personal repres-
entative, as the case may be. Within fifteen (15) days thereafter
said devisee or devisees, or personal representative, as the case
may be, shall appoint a qualified real estate appraiser to act as an
arbitrator. Within ten (10) days after the appointment of said
arbitrator, the two so appointed shall appoint another qualified
real estate appraiser to act as the third arbitrator. Within fifteen
(15) days thereafter, the three arbitrators shall determine, by
majority vote, the fair market value of the Uni,t Ownership, or inter -
est therein, devised by the deceased Owner, and shall thereupon give)
written notice of such determination/to the Board (or the Developer
or Trustee as the case may be) and said devisee or devisees, or
personal representative, as the case may be. If either party shall
fail to select an appraiser, then the appraiser designated by the
other party shall ,Hake the appraisal. The Board's (or the Developer
or Trustee as the case may be) right to purchase the Unit- Ownership,
or interest therein, at the price determined by the three. arbitrators
shall expire sixty (60) days after the date of receipt by it of such
- 22 -
notice if the personal representative of the deceased Owner is empowered
to :;rll, and shall expire seven (7) months after the appointment of a
p r:;on.al representative who is not so empowered to sell. The Board
(or the Developer or Trustee as the case may be) shall be deemed to
have exercised its option if it tenders the required sum of money
to said devisee or devisees or to said personal representative, as
the case may be, within the said option periods.
4. Involuntary Sale.
(a) In the event any Unit Ownership or interest therein
is sold at a judicial or execution sale (other than
a mortgage foreclosure sale) the person acquiring
title through such sale shall, before taking possession
of the Unit so sold, give thirty (30) days' written
notice to the Board (or'to the Developer or Trustee
if the Board has not been formed) of his intention to
do so, whereupon members of the Board (or the Developer
or Trustee as the case may be) acting on behalf of the
other Owners shall have an irrevocable option to pur-
chase such Unit Ownership or interest therein at the
same price for which is was sold at said sale. If
said option is not exercised by the Board (or the
Developer or Trustee as the case may be) within said
thirty (30) days after receipt of such notice, it
shall thereupon expire and said purchaser may there-
after take possession of said Unit. The Board (or
the Developer or Trustee as the case may be) shall be
deemed to have exercised its option if it tenders the
required sum of money to the purchaser within said
thirty (30) day period.
(b) •In the event any Owner shall default in the payment
of any honeys required to be paid under the provisions
of any mortgage or trust deed against his Unit Owner-
ship, the Board (or the Developer or Trustee, if the
Board has not been formed) shall have the right to
cure such default by paying the amount so owing to
the party entitled thereto and shall thereupon have
a lien therefor against such Unit Ownership which lien
shall have the same force and effect and may be enforced
in the same manner as provided in ARTICLE VI hereof.
5. Consent of Owners. The Board shall not exercise any option
hereinabove set forth to purchase any Unit Ownership or interest
therein without the prior written consent of the Owners having
seventy -five (75 %) percent of the total votes. The rnernbers of the
Board or their duly authorized representatives, acting on behalf of
the other Owners, may bid to purchase at any sale of a Unit Owner-
ship or interest therein of any Owner living or deceased, which said
sale is held pursuant to an order or direction of a court, upon the
prior written consent of the owners having seventy -five (75 %) percent
of the total votes, which said consent shall set forth a maximum price
which the members of the Board or their duly authorized representa-
tives are authorized to bid and pay for said Unit Ownership or inter-
est therein.
6. Release or Waiver of Option_ Upon the written consent of
the Developer or Trustee (if the Board has not been formed) or of the
Board, any of the options or rights of first refusal contained in
this ARTICLE VIII may be released or waived and the Unit Ownership
or interest therein which is subject to an option set forth in this
ARTICLE may be sold, conveyed, leased, given or devised free and
clear of the provisions of this ARTICLE.
7. Proof of Termination of Option_ A certificate executed and
acknowledged by the acting Secretary of the Board (or the Developer
or Trustee, acting by either the duly appointed officers thereof or
by the beneficiary or beneficiaries of the said trust, if the 'Board
- 23 -
has not been formed) stating that the provisions of this ARTICLE VIII
as hr:reinabove set forth have been met by an Owner, or duly waived
by the Board, and that the rights of the Board hereunder have termin-
ated, shall be conclusive upon the Board (or the Developer or Trustee,
if the Board has not been formed) and the Owners in favor of all per-
sons who rely thereon in good faith, and such certificate shall be
furnished to'any Owner who has in fact complied with the provisions
of this ARTICLE or in respect to whom the provisions of this ARTICLE
have been waived, upon request at a reasonable fee, not to exceed
Ten Dollars ($10.00) .
8. Financing of Purchase Under Option.
(a) Except as otherwise herein provided, acquisition of
Unit Ownership or any interest therein under the provi-
sions of this ARTICLE shall be made from the maintenace
fund. If said fund is insufficient, the Board shall
levy an assessment against each Owner in the ratio
that his percentage of ownership in the Common Elements
as set forth in Exhibit "C" bears to the total of all
such percentages applicable to Units subject to said
assessment, which assessment shall become a lien and
be enforceable in the same manner as provided in para-
graph -(7) of ARTICLE VI hereof.
(b) The members of the Board, in their discretion may
borrow money to finance the acquisition of any Unit
Ownership or interest therein authorized by this
ARTICLE; provided, however, that no financing may be
secured by an encumbrance or hypothecation of any
portion of the Property other than the Unit Ownership
or interest therein to be acquired.
9. Title to Acquired Interest. Unit Ownerships or interests
therein acquired pursuant to the terms of this ARTICLE shall be
held of record in the name of the Developer or Trustee (if the
Hoard has not been formed) or in the names of members of the Board
of Managers and their successors in office, or such nominee as they
shall designate, for the benefit of all the Owners. Said Unit
Ownerships or .interests therein shall be sold or leased by the Board,
Developer or Trustee in such manner as it shall determine without
complying with any of the foregoing provisions relating to options
or rights of first refusal. All proceeds of 'such sale and /or leasing
shall be deposited in the maintenance fund and credited -to each Owner
in the same proportion in which the Board could levy a special assess-
ment under the terms of paragraph 8 (a) of this ARTICLE.
10. Exceptions_to_Options and Right of First Refusal. The
options and right of first refusal as provided in Sections 1, 2 and
3 of this ARTICLE VIII shall not apply to any sale, lease, gift,
devise or other transfer; (a) by the developer or Trustee; (b) by
the Owner of an undivided .interest in a Unit to his co- tenant or
co- tenants, or any one or more of them; (c) by the Owner of a Unit
to his spouse or to his lawful children or to any one or more of them;
(d) by the Owner of a Unit to any trustee of a trust the sole bene-
ficiary or beneficiaries of which are such Owner, his spouse, his
lawful children or any one or more of them; (e) by the Owner of a
Unit to the holder of the indebtedness secured by a mortgage or
trust deed thereon, or his nominee, by deed in lieu of foreclosure
thereof; (f) by the grantee in such deed in lieu of foreclosure;
ARTICLE XV
GENERAL PROVISIONS
1. Until such time as the Board of Managers provided for in
this Declaration is formed, the Trustee or the Developer may, but
neither shall be required to, exercise any of the powers, rights,
duties and functions of the Board.
2. Upon written request to the Board, the holder of any duly
recorded mortgage or trust deed against any Unit Ownership shall be
given a copy of any and all notices permitted or required by this
Declaration of be given to the Owner whose Unit Ownership is subject
to such mortgage or trust deed.
3. Notices provided for in this Declaration and in the Act
shall be in writing, and shall be addressed to the Trustee or
Developer in care of Lemont Court Yard Office Condominium, 221 East
127th Street, Lemont, Illinois; to the Board in care of the same
address until further notice in writing is transmitted; and to any
Owner at the address of the building in which his Unit is located
(indicating thereon the number of the respective Unit), or at such
other address as herein provided. The Association or Board may
designate a different address or addresses for notices to them,
respectively, by giving written notice of such change of address to
all Owners. Any Owner may also designate a different address for
notices to him by giving written notice of his change of address to
the Board or Association. Notices addressed as above shall be deemed
delivered when mailed by United States registered or certified mail
or when delivered in person with written acknowledgment of the receipt
thereof, or if addressed to an Owner, when deposited in his mailbox
in the building or at the door of his Unit in the building.
4. Notices required to be given any devisee or personal
representative of a deceased Owner may be delivered either person-
ally or by mail to such party at his or its address appearing in
the records of the court wherein the estate of such deceased Owner
is being administered.
5. Each grantee of the Trustee, by the acceptance of a deed
of conveyance, or each purchaser Under Articles of Agreement for
Condominium Deed, accepts the same subject to all restructions, con-
ditions, convenants, reservations, liens and charges, and the
jurisdiction, rights and powers created or reserved by this Declara-
tion, 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 property,
to the benefit of such Owner in like manner as thoughnthehprovisions
of the Declaration were recited and stipulated at length in each and
every deed of conveyance.
6. No covenants, restructions, conditions, obligations, or
provisions contained in this Declaration shall be deemed to have been
abrogated or waived by reason of any failure to enforce the same,
irrespective of the number of violations or breaches which may occur.
7. Except as otherwise.provided in Article XIII above, and
in Section 12 of this Article XIV, the provisions of Article II,
Article III, Section 4 (b) of Article V, Section 8 of Article V,
Article VI, Section 5 of Article VIII, Article X, Article XI and
this paragraph 7 of Article XIV of this Declaration, may be changed,
modified or rescinded only by an instrument in writing setting forth
such change, modification or rescission, signed and acknowledged by
the Board, all of the Owners and all mortgages having bona fide liens
of record against any Unit Ownerships, and said instrument must be
recorded with the Recorder of Deeds of Cook County, Illinois, in
order to be effective. Except as otherwise provided in Section 12
of this Article XIV, no other provision of this Declaration may be
changed, modified or rescinded except by an instrument in writing
setting forth such change, modification or rescission signed and
acknowledged by the Board and at least three - fourths (3/4) of the
Owners, and containing an affidavit by an officer of the Board cer-
tifying that a copy of the change, modification or rescission has been
mailed by certified mail to all mortgagees having bona fide liens of
record against any Unit Ownership, no less than ten (10) days prior
to the date of such affidavit. The change, modification or rescis-
sion shall be effective upon recordation of such instrument in the
Office of the Recorder of Deeds of DuPage County, Illinois; provided,
however, that no provision in this Declaration may be changed, modi-
fied or rescinded so as to conflict with the provisions of the Act.
8. The invalidity of any covenant, restruction, condition,
limitation or any other provision of this Declaration, or of any
part of the same, shall not impair or affect in any manner the
validity, enforceability or effect of the rest of this Declaration.
9. If any of the options, privileges, convenants or rights,
created by this Declaration would otherwise by unlawful or void for
violation of (a) the rule against perpetuities or some analogous
statutory provisions, (h) the rule restricting restraints on aliena-
tion, or (c) any other statutory or common law rules imposing time
limits, then such provision shall continue only until twenty -one
(21) years after the death of the survivor of the now living lawful
descendants of the incumbent President of the United States.
10. The provisions of this Declaration shall be liberally con-
strued to effectuate its purpose of creating a uniform plan for the
operation of a first class professional and office condominium
building.
11. Excepting Units owned by the Trustee, in the event title
to any Unit Ownership is conveyed to a land title - holding trust
under the terms of which all powers of management, operation and
control of the Unit Ownership remain vested in the trust beneficiary
or beneficiaries, then the Unit Ownership under such trust and the
beneficiaries thereunder from time to time shall be responsible for
payment of all obligations, liens, or indebtedness and for the per-
formance of all agreements, convenants and undertakings chargeable
or created under this Declaration against such Unit Ownership. No
claim shall be made against any such title - holding trustee personally
for payment of any lien or obligation hereunder created and the
trustee shall not be obligated to sequester funds or trust property
to apply in whole or in part against such lien or obligation. The
amount of such lien or obligation shall continue to be a charge or
lien upon the Unit Ownership and the beneficiaries of such trust
notwithstanding any transfers of the beneficial interest of any
such trust or any transfers of title of such Unit Ownership.
12. The Trustee reserves the right to and shall cause to be
recorded at such time as the Building is substantially completed
and the structural components are in place, either an amended survey
or a new Declaration and survey showing the actual location and
dimensions of all Unit boundaries in the Building, and containing
any other modifications deemed necessary by Trustee and not in con-
sistent with the Act.
13. It is expressly understood and agreed by and between the
parties hereto, anything herein to the contrary notwithstanding that
each and all of the representations, convenants, undertakings and
agreements herein made on the part of the Trustee while in form pur-
porting to be the representations, covenants, undertakings and
agreements herein made on the part of the Trustee are nevertheless
each and every one of them, made and intended not as personal repre-
sentations, covenants, undertakings and agreements by the Trustee
or for the purpose or with the intention of binding said Trustee
personally, but are made and intended for the purpose of binding
only that portion of the trust property specifically described herein,
and this instrument is executed and delivered by said Trustee not in
its own right, but solely in the exercise of the powers conferred
upon it as such Trustee; and that no personal liability or personal
responsibility is assumed by nor shall at any time be asserted or
enforceable.against the Heritage First National Bank of Lockport of
any of the beneficiaries under said Trust Agreement on account of
this instrument of on account of any representations, covenants,
undertakings or agreements of the said Trustee in this instrument
contained, either expressed or implied, all such personal liability,
if any, being expressly waived and released. It is understood and
agreed by the parties hereto, anything to the contrary notwith-
standing, that the Trustee will act only on the direction of the
beneficiaries.
It is understood that the real estate taxes are to be sepa-
rately taxed to each Unit Owner for his Unit and his corresponding
percentage of Ownership in the Common Elements as provided in the
Act. In the event that for any year such taxes are not separately
taxed to each Unit Owner, but are taxed on the Property as a whole,
then each Unit Owner shall pay his proportionate share thereof in
accordance with his respective percentage of ownership interest in
the Common Elements.
IN WITNESS WHEREOF, Heritage First National Bank of Lockport,
as Trustee as aforesaid and not individually, has caused its name,
its corporate sael to be affixed hereunto and has caused its name
to be signed to there presents by its President, and
attested by its , this
day of , 19
Heritage First National Bank of
Lockport as Trustee as aforesaid,
and not individually
BY
ATTEST:
President
EXHIBIT "C"
TO DECLARATION OF CONDOMINIUM OWNERSHIP AND
OF EASEMENTS, RESTRICTIONS AND COVENANTS FOR
LEARNT COURT YARD OFFICE CONDOMINIUM
Corresponding Percentage
of Ownership in the
Unit No. Common Elements
1 23.90%
2 23.90%
3 10.85%
4 9.75%
5 11.25%
6 10.20%
7 10.15%
TOTAL 100.00%
STATE OF ILLINOIS )
SS:
COUNTY OF COOK
1, , a Notary Public in and for
the County and State aforesaid, DO HEREBY CERTIFY that
, as of Heritage
First National Bank of Lockport as , thereof,
personally known to me to be the same persons whose names are sub-
scribed to the foregoing instrument as such and
, respectively, appeared before me this day
in person and acknowledged that they signed and delivered the said
instrument as their own free and voluntary act, and as the free and
voluntary act of said Bank, as Trustee, for the uses and purposes
therein set forth; and the said did also then
and there acknowledge that he, as custodian of the Corporate Seal
of said Bank, did affix the said Corporate Seal of said Bank to
said instrument as his own free and voluntary act, and as the free
and voluntary act of said Bank, as Trustee, for the uses and pur-
poses therein set forth.
1979.
GIVEN Under my hand and Notarial Seal this day of
NOTARY PUBLIC
My Commission Expires:
THIS INSTRUMENT WAS PREPARED BY:
John P. Antonopoulos, P.C.
221 East 127th Street
Lemont, Illinois 60439
312 - 257 -5816
CERTIFICATE OF DEVELOPER
John Antonopoulos, sole beneficiary under Heritage First
National Bank of Lockport Trust Number created pursuant to
Trust Agreement dated , hereby certifies that,
prior to the execution by it or its agent of any agreement for
the sale of a Unit, it has given a copy of the Notice of Intent
required by the Act to all persons who were tenants of the
Property on the date the Notice of Intent was given.
Dated: , 1979.
John Antonopoulos, Developer
By:
Title
STATE OF ILLINOIS )
) SS:
COUNTY OF COOK
1, , a Notary Public in and
for said County and State, do hereby certify that John P.
Antonopoulos, personally known to me to be the same person whose
name is subscribed to the foregoing Certificate of Developer,
appeared before me this day in person and acknowledged that he
signed and delivered said Certificate as his free and voluntary
act of North American Morgage Investors, for the uses and purposes
therein set forth.
Given under my hand and Notarial seal this day of
, 1979.
NOTARY PUBLIC
Applicant Name:
File Number:
EXHIBIT III
VILLAGE OF LEMONT
BUILDING & SITE IMPROVEMENT
GRANT PROGRAM
NON -TIF
APPLICATION
Project Address(es)' /sV/ 7 ST & 7
Building Owner:LEAeoRT & .v 1�RD (040o ascXear Purchased: /9 'if
Store/Company Name: 5'4 44 e-
Name of Tenant: NVA Lease Expiration Date: /V/iJ
Applicant Name: L a A l i d o w-7 j Z COO bo M 1 U/
Applicant Business Address: 45-4//9—/ 0- 7
Applicant Business Phone:2s7 7 z,F a Lu.4i
Applicant(s): Building Owner: Tenant: _ 1 ✓'OS
h4;7771 ■
°g 73,24 77 f,/L:
g's ' 7 30
Number of Store Fronts:
Total Anticipated Budget: $
Total Anticipated Grant Request: $ S)) 25, CV
Description of Proposed Improvements:*
Landscaping and Electrical
* Attach elevations of proposed improvements (if available)
Applicant Name:
File Number:
BUDGET
(anticipated)
ACTIVITY
ESTIMATED COST
Landscaping
$5,371.00
Electrical 1 5,000.00
Total Anticipated Grant Request: $ J� i 95 , OV
Architect for the Project:
LANDSCAPING
Name: Seasons Landscape Construction
Address: 17751 Gougar Road, Lockport, IL 60441
Phone: 815- 723 -0200
ELECTRICAL
Ample Electric, Inc.
45 W. Eureka Drive
Lemont, IL 60439 257 -2733
Contractor for the Project:
LANDSCAPING
Name: Seasons Landscape Construction
Address: 17751 Gougar Road, Lockport, ILL 60441
Phone: 815- 723 -0200
ELECTRICAL
Ample Electric, Inc.
45 W. Eureka Drive, Lemont, IL 60439 257 -2733
Application will be reviewed by the Economic Development Coordinator, Building
Department, and Community Development Director.
Applicant Name:
File Number:
PICTURE OF STORE FRONT:
PHOTO
Applicant Name:
File Number:
44et re g •,C 40,01cru Cek4,47-711-re eaaNCd S c
I, Marvin Ludwig /� , hereby make application to the Village of Lemont for
a Building & Site Improvement Grant Program in the anticipated amount of
$ . I understand that my application must be approved by the
Village and that it must conform to established design guidelines, as well as, specific design
recommendations of the Village of Lemont. I have read a copy of the Building & Site
Improvement Grant Program Agreement and lien provisions. If approved, I understand that
all work performed is subject to development, building, permit, and agreement provisions.
Applicant Signature Date
Please return the completed application to:
Economic Development Coordinator
Village of Lemont
418 Main Street
Lemont, IL 60439
///-Vf
Date
If you need assistance with the application and/or have general inquiries, please contact the
Economic Development Coordinator at (630) 257 -6440.
NOV -23 -99 TUE 10:25 R19 LRREFREE LRWM /StRSUMS LS W1Ct fG.*
815-723-'0200
708- 532 -0010
815- 723 -9750 FAX
ersEASONS
r- ANDSCA1aB CONSTRUCTION
7
EXHIBIT IV
1775151 D0 gamma.
Lockport, IL 60441
01
IR0PQSA SyyemirrkQTQ
CoIdweti Oartksr Realty
rio a PHONE
DATE
Sewnif er 1 1 j'?
STREET
15419 W 127th 5tieet
%C * PHONE
CITY. STATE AND 21P. COOS
i am= U ECICLAlt
Joe t.00ATIQN
ARCHITECT
DATE OF PLANS
SOURCE
JOa PHONE
we nereby submit speclftcations an estimates rpr.
ke:IS rion r7
Dwarf Sargent Crab2`
Shl:dtiow Serdoatierry ?
&:t dint✓' Bush 0"
3 Monica() V burn ;t^ 3f `
Nearty Wild Rosa 1:0'
9 Gobifarne Spirea 1$"
10 Ctant ei y Cotonedater 24"
Vsma V1Ultch Hazel a`
20 Ctip Juniper. 14"
4 Red prince \Narcotic 24'
312 Dragons B 000 S-e um 3"
5 Steno D'Oro Dayliiy 1 gallon
7 Goid':oas't.ii.,wtper 24"
12 Yards of Too Sol:
9 Yards of Hercwcc11
22G Feet Vevey 'vi w s:dgtny • .
Feet of 4" Drain 1 rte
T Bag of Trefien .cod control)
roils of Outcropping Stcsrta
000 Yards of SF2d
:CTRL a5 57 i .�i;.
33% DEPOSIT REOutRED _---
EALA.i iCE OM COMPLETION
L .
Tam.wpmPlan. Net Cub open cam priors d tear bd. 1 tall pod Montt Cat tae. �Q50
dyed.. hlemvwll, pro dMe/alMaio-- . sod ead,'arnlanesMr.y
LaPIPPISSI one M peyr •oasts/ a-dp have Dean •a%d N MI .,d eI Se Sell a Lu,d•aiI+i may leg On
posasaden/ ldralINII Anagapva naM rp ieped ladMrsk%Inmeevamlgel-donmu$*Dal a.1radlent114
.aawllh.'N. Pdarasr were r p.p alt n ip Nom =vitiate and r cent =petals Nat wisp b• Inwood wain.
F be want 011 ••••ad Foam It mMCtei ntau/h • ad4e4 1 aianw. Pad+••• apr44a to pay M o.IM.t aadul.
/'�ninny&.e...rpeed In ►M 1a}.ea..p Ieeevaly. dare,. tom.-. Unl *w re lb t4el4WI.4eI yn/nat.lda la
/ . pole/ d eta yew !eI .i d d4Y d In•l.l•dan. IndddCe4 -EMS Wl 04 nyaod end bra P i% M warmly dead
l • etsppyloplantmaInI alwHanle..ImdNaa.ad;rapenttya. or. Mkgwrenyde•ena arch %damn,WnalMal
...
sword al, dorm -.. Y ..e . w•lk -n. der el red awn as Ipheina •dr4. Paui1.L
1 ,
• r
NImw.ldla gust anr•d a b• as apedl•4. U pas tab' tap pekoe N • werpnelll• mow aamrdni k alto - «d
pr•ola I.A.yaaw•len arawna/en Iran anWe ■p•d/odasYwd•Mp/Ids aes1wtlr masts/ •n••••••I•I
ad.s. Ind PP haeam• s• Sala Mena as Slid won Po memo. Al alrs.nents mn•npaor upon arUU.
aardansa delays Dganderr aaleaL Ownwlo wry Irk bmade Ind shit rMwr•/ry Papaw. tM `aalms VI
My a•veal or workman'.Owpenedm Mumma
Authorized Signature
Note: This proposal may be
withdrawn by us If not accepted within days.
ficetptattcs of litUrpatel - The above prices, specifications and con-
ditions are satisfactory and are hereby accepted. You are authorized to do
the work as specified. Payment will be made as outlined above.
Signature
Date
From Ample Electric, Inc.
45 W. Eureka Dr.
Lemont, IL. 60439
257 -2733
To: Lemont Courtyard Condominium Assoc.
15419 w. 127th Street
Lemont, IL. 60439
November 8, 1999
We hereby propose to furnish all the materials and perform all the labor necessary for the
completion of
Furnish & Install 1 - 20 ft. aluminum light pole approximately 4 feet in ground on west of front
parking lot
Furnish & Install 1 400 watt high pressure sodium fixture
Furnish & Install 1 new time clock and complete new feed from public panel room
Furnish & Install 1 weatherproof plug on front side of building
Permit by Condominium Association, if required
All material is guaranteed to be as specified and the above work to be performed in accordance
with the drawings and specifications submitted for above work and completed in a substantial
workmanlike manner for the sum of
Five thousand and no /100 dollars
$5000.00
with payment due on completion
Any alterations or deviation from above specifications involving extra costs, will be executed only
upon written orders and will become an extra charge over and above the estimate. All agreements
contingent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tornado
and other necessary insurance upon above work. Public Liability Insurance on above work to be
taken out by Ample Electric, Inc. Submitted by: Roger Nogal
Accepted Date
AGREEMENT CREATING LIEN ON REAL ESTATE
The undersigned, Marvin Ludwig., owner of Lemont Courtyard Condomium Association,
15419 127th Street, Lemont, Illinois, having applied for Building & Site Improvement Grant
Program from the Village of Lemont through General Financing does hereby grant a lien to
the Village of Lemont, a Municipal Corporation, in the amount of Five Thousand One
Hundred Eight -Five Dollars ($5,185.00) on the property commonly known as Lemont
Courtyard, 15419 127th Street, Lemont, Illinois 60439, and legally described as follows:
The common area as deliniated on the Condominium Declaration for
Unit Numbers 1, 2, 3, 4, 5, 6, 7, & 8 in the Lemont Courtyard Office Condonimium, as
delinated on a survey of the following described real estate: the East 131.21 feet lying West
of the East 1 acre of Lot 6 in the County Clerk's Division in the Southwest % of Section
29, Township 37 North, Range 11, East of the Third Principal Meridian, in Cook County,
Illinois.
Permanent Index Number: 22 -29- 402 -1001 - 1008
The undersigned acknowledges that the aforesaid lien shall exist from the date of
this instrument, and shall become due if any facade alterations occur less than three years
after grant work completion. If this condition occurs, then the lien shall be payable to the
Village of Lemont. If this condition does not occur, then the lien shall be removed.
The undersigned grants to the Village of Lemont the right to assign, transfer or set
over to any other municipal corporation or any part thereof all of the right, title and interest
in and to said lien without reservations.
DATED this 3/ day of
7 2000.
Form Rev. 4/99
STATE OF ILLINOIS }
} SS:
COUNTY OF COOK }
I, the undersigned, a Notary Public in and for said County, in the State aforesaid,
DO HEREBY CERTIFY that �,.. is
known to me to be the same person(s) whose name(s) is/are subsc d to the foregoing
instrument, appeared before me this day in person, and acknowledged that he /she /they
signed, sealed, and delivered the said instrument as a free and voluntary act for the uses and
purposes therein set forth.
OFFICIAL SEAL
MARTHA A. NOVAK
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 1- 30.2003
This instrument was prepared by:
VILLAGE OF LEMONT
418 Main Street
Lemont, Illinois 60439
(630) 257-6440
Q 74-'
Notary Public
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