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O-105-99 12/20/1999LEMONT - Village of Faith 1 n r 2000-01-13 101518 1111111)11111 For Recorder's Use Only ORDINANCE NO.t AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 52 ACRE PARCEL GENERALLY LOCATED ALONG MAIN STREET BETWEEN MC CARTFIY POINT AND HIRSEKORN RIDGE SUBDIVISION ( Fordham Hills Estates) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 2o11 day of yer.avy-117,enr 1999. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will and DuPage Counties, Illinois, this 2n414 day of )4,campt4akir 1999. ORDINANCE NO'") /y7 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 52 ACRE PARCEL GENERALLY LOCATED ALONG MAIN STREET BETWEEN MC CARTHY POINT AND HIRSEKORN RIDGE SUBDIVISION (Fordham Hills Estates) WHEREAS, the legal owners of record of the territory which is the subject of an Annexation Agreement are ready, willing and able to enter into said agreement and perform the obligations as required therein and; WHEREAS, a copy of said Annexation Agreement has been attached hereto and included herein; and WHEREAS, the statutory procedures provided for in the Illinois Municipal Code for the execution of said agreement have been fully complied with. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, STATE OF ILLINOIS, AS FOLLOWS: SECTION 1: That the President be and is hereby authorized and directed, and the Village Clerk is directed to attest to a document known as "Fordham Hills Estates Annexation Agreement" dated the 20411 of .') o.c.pm►b.tr 1999, a copy of which is attached hereto and made a part hereof. SECTION 2: That this ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. 0003 U121 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS, on this Zo fin day of N4)4' 1999. John Benik Debby Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker AYES NAYS PASSED ABSENT CHARLENE SMOLLEN, Village Clerk Approved by me this 2.o4'.a •f �LQ,,,,,,a„{ 1999. Attest: C ARLENE SMOLLEN, Village Clerk APPROVED A 0 FORM i tbF-r ,kN- TONOPOLZO age Attorney Planning Department `-� Village of Lemont 418 Main Street Lemont, IL 60439 W ASN SKI, Village President 0003`1O21 FORDHAM HILL ESTATES ANNEXATION AGREEMENT ARTICLE TITLE I Annexation II Zoning and Land Use Restrictions III Required Improvements and Licenses IV Dedication and Construction of Streets; Street Lights; Sidewalks; Trees V Landfill VI Easements and Rights -of -Way; Utilities VII Contributions and Annexation Fee VIII Water System Improvements Contribution IX Development Codes, Building Ordinances, Permits and General Matters X Approval of Plans XI Letters of Credit XII Notice of Violations XIII Maintenance Bond XIV Damage to Public Improvements XV Binding Effect and Term and Covenants Running with the Land XVI Notices XVII Provisional Occupancy Permits XVIII Reimbursement of Village for the Legal and other Fees and Expenses (10033021 XIX Warranties and Representations XX Continuity of Obligations XXI Right to Enforcement XXII Terms of this Agreement XXIII Village Approval or Direction XXIV Preliminary Plat of Subdivision XXV PUD Modifications of Subdivision Regulations for R -4 District and the Village Zoning Code XXVI Singular and Plural XXVII Section Headings and Subheadings XXVIII Recording XXIX Authorization to Execute XXX Amendment XXXI Counterparts XXXII Curing Default XXXIII Conflicts Between the Text and Exhibits XXXIV Severability XXXV Definition of the Village XXXVI Execution of this Agreement 2 00033021 Schedule of Exhibits EXHIBITS TITLE A Legal Description of Subject Property g Plat of Annexation of Subject Property C Preliminary Plat D Conditions of Approval E Preliminary Engineering F Landscape Plan/Tree Survey G Alpha Environmental Preliminary Report H Alpha Environmental Final Report I Geotechnical Report J Declaration of Covenants and Restrictions g 4th Street Extension Configuration 3 000:U021 AND TRACT D WEST THAT PART OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGNNNG AT THE PONT OF INTERSECTION OF THE SOUTHERLY LINE OF THE LEMONT AND SAG ROAD, SAID SOUTHERLY LINE BEING 67.00 FEET SOUTHERLY OF AND PARALLEL WITH THE SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO AND ALTON RAILROAD COMPANY AS DESCRIBED N DOCUMENT NO. 1882375, WITH A LINE 113.50 FEET EAST OF AND PARALLEL WITH THE EAST LINE OF THE WEST 1/2 OF SAID SOUTHWEST 1/4 OF SECTION 21; THENCE SOUTH 0 °14'35" EAST 272.89 FEET ALONG SAID EAST LINE TO A LNE THAT IS 325.00 FEET SOUTHERLY OF AND PARALLEL WITH SAID SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO AND ALTON RAILROAD COMPANY; THENCE SOUTH 70 °44'31" WEST 450.00 FEET ALONG SAID PARALLEL LINE; THENCE NORTH 0°14'35" WEST 272.89 FEET PARALLEL WITH SAID EAST LINE OF THE WEST 1/2 OF THE SOUTHWEST 1/4, TO SAID SOUTHERLY LINE OF THE LEMONT AND SAG ROAD; THENCE NORTH 70 °44'31" EAST 450.00 FEET TO THE HEREN DESIGNATED PONT OF BEGINNING; ALL IN COOK COUNTY, ILLNOIS. PN #: 22- 21- 100 -015 22 -21- 301 -010 22 -21- 302 - 008;015; 00033021 ANNEXATION AGREEMENT (FORDHAM HILL ESTATES PROJECT) THIS AGREEMENT, made and entered into this 7.0 to day of p,e, e,,,,.AW.I. , 1999, between the VILLAGE OF LEMONT, a municipal corporation of the Counties of Cook, DuPage and Will, in the State of Illinois (hereinafter referred to as "VILLAGE ") and R & R Realty Development Corp., an Illinois corporation (or its assignee, heir or successor), Rudolph Gluszek, and Old Kent Bank, as trustee under Trust #1192 (hereinafter collectively referred to as "OWNER "). WHEREAS, OWNER is or will soon become the owner of record of the real estate (hereinafter referred to as "1ERRITORY"), the legal description of which is attached hereto as Exhibit "A" and by this reference made a part hereof; and WHEREAS, OWNER has submitted to the VILLAGE a Petition for Annexation; and WHEREAS, the parties hereto desire the TERRITORY, which is contiguous to the VILLAGE, to be annexed to the VILLAGE on the terms and conditions hereinafter set forth; and WHEREAS, OWNER and VILLAGE agree that they will be bound by the terms of this Annexation Agreement; and WHEREAS, OWNER and VILLAGE agree that the TERRITORY will be designated a Planned Unit Development R -4 District; and WHEREAS, subject to the exceptions herein provided for, the VILLAGE would extend its zoning, building, health and other municipal regulations and ordinances over the TERRITORY thereby protecting the VILLAGE from possible undesirable or inharmonious use and development of unincorporated areas surrounding the VILLAGE; and WHEREAS, the new boundaries of the VILLAGE OF LEMONT, resulting from this Annexation shall extend to the far side of every highway and shall include all of every highway not already annexed; and WHEREAS, the parties desire, pursuant to Chapter 65, Article 5, Section 11 -15.1 of the Illinois Municipal Code, to enter into an Agreement with respect to Annexation of the TERRITORY and various other matters; and WHEREAS, pursuant to the provisions of the Statute, the corporate authority of said VILLAGE has duly fixed a time for and held a hearing upon the Annexation Agreement and has given notice of said hearing; and 4 C1O(1 4021 WHEREAS, the corporate authority of the VILLAGE has considered the Annexation of the TERRITORY described in the Petition and has determined that the best interest of the VILLAGE will be met if the TERRITORY is annexed to the VILLAGE and developed in accordance with the provisions of the Agreement. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter contained, the parties agree as follows: I ANNEXATION 1. Subject to the provisions of Chapter 65, Article 5, Section 7 of the Illinois Municipal Code, the parties hereto respectively agree that upon the approval by the VILLAGE of this Agreement and the acquisition of the TERRITORY by the OWNER, the TERRITORY shall be annexed to the VILLAGE, the TERRITORY currently being contiguous to the Village limits. 2. The Plat of Annexation of said TERRITORY is attached hereto as Exhibit `B ". Said Plat extends the new boundaries of the VILLAGE to the far side of any adjacent highway not already annexed and includes all of every highway within the TERRITORY so annexed. II ZONING AND LAND USE RESTRICTIONS 1. Upon the Annexation of the TERRITORY to the VILLAGE, the parcel shown on the Plat of Annexation, attached as Exhibit `B" and made a part of this Agreement, shall be classified under the existing zoning ordinance, as amended, as R -4 IPUD Single Family Detached Residential District. 2. The VILLAGE hereby approves a 95 lot Preliminary Plat of Subdivision, which plat is attached and made a part of this Agreement as Exhibit "C ". The 95 lot PUD shall be permitted pursuant to the conditions of approval attached hereto as Exhibit "D ". Said PUD shall be constructed in a single phase, and not in multiple phases. 3. The OWNER and the VILLAGE agree that no portion of the TERRITORY shall be subdivided unless an acceptable Final Plat of Subdivision, including final engineering plans and specifications ( "Plans "), has been submitted to and approved by the VILLAGE, in accordance with the VILLAGE Zoning Ordinance and Subdivision Regulations and this Agreement, and the VILLAGE agrees to expeditiously review said Plans and to either approve of the same or decline to approve with specific comments regarding any deficiencies. 4. It is understood and agreed, except as other_ wise provided for herein, the Zoning, Subdivision Regulations, Building Code and all other ordinances including all fees and charges of the 5 VILLAGE, shall not be frozen during the term of this Agreement, and such ordinances, as the same may from time to time be amended and enforced through the VILLAGE, shall apply to the TERRITORY. 5. If a final plat is not submitted by OWNER and approved by VILLAGE within 2 years from the effective date of this agreement, the zoning classification for the TERRITORY shall revert back to the R -1, Single Family Residential District from the R -4 Residential District and this agreement shall become null and void. m REQUIRED IMPROVEMENTS AND LICENSES 1. Water Supply. OWNER shall have the right to construct and install at its expense all the necessary on -site water mains to service the TERRITORY. All water mains shall be constructed and installed in accordance with the Code of the VILLAGE and final engineering plans approved by the VILLAGE. The VILLAGE agrees to permit connection of the aforementioned water mains to the water facilities of the VILLAGE and to furnish water service on the same basis as said services are furnished to other parts of the VILLAGE. The VILLAGE shall assist the OWNER in securing any off -site easements that may be necessary to extend such service to the TERRITORY. 2. Sanitary and Storm Sewers. OWNER shall be required to construct and install at its expense, and in accordance with the November 20, 1995 Grant of Easement, recorded as document #96- 66653, all necessary sanitary sewers to service the TERRITORY in accordance with the Subdivision Regulations of the VILLAGE and final engineering plans approved by the VILLAGE. The VILLAGE agrees to permit connection of the aforementioned sanitary sewers to the sanitary sewer facilities of the VILLAGE and to furnish sewer service on the same basis as said services are furnished to other parts of the VILLAGE. OWNER agrees that no surface water is to be discharged into the sanitary collection system and will make adequate provisions to ensure that this will not occur. 3. Retention. The OWNER shall construct, at the OWNER's sole cost and expense, such storm sewers, detention or retention basins, and other storm water management facilities as necessary upon any development or redevelopment of the TERRITORY, or a portion thereof. The OWNER agrees to adhere to the storm water management policies and regulations of the VILLAGE and the Metropolitan Water Reclamation District of Greater Chicago. Prior to acceptance of the subdivision by the VILLAGE, the VILLAGE shall have the option of also accepting the detention/retention areas as well as the approximate 9.6 acre open space area. If the VILLAGE chooses not to accept these areas they shall be retained by the OWNER or deeded to a homeowner's association for ownership and maintenance responsibilities. 4. Public Improvements. All public improvements, except final street surface, which shall be completed within 2 years after approval of the Final Plat of Subdivision, shall be inspected by the VILLAGE upon completion and if they are found to be in compliance with the requirements of the 6 O003. O 1 VILLAGE's Code and in accordance with the final engineering plans they shall thereupon, without unreasonable delay, be accepted by the VILLAGE as described in this Agreement. IV DEDICATION AND CONSTRUCTION OF STREETS; STREET LIGHTS; SIDEWALKS; TREES 1. Streets. The OWNER shall provide access to the site. OWNER shall be responsible for keeping the streets free from construction debris and shall be responsible for repair of damages to the streets. All deliveries of construction supplies or materials shall be restricted to certain streets or temporary haul roads agreed to by the OWNER and VILLAGE. The OWNER shall install the final street surface after 80% of the occupancy permits have been issued. The design and construction standards for the network of planned streets within the TERRITORY shall be in accordance with final engineering plans as approved by the VILLAGE. In addition, the OWNER shall be required to keep all public streets adjoining the TERRITORY free from mud and debris generated by the construction activity on the TERRITORY. 2. Street Lights. OWNER shall be required to install streetlights, prior to the issuance of building permits in accordance with Subdivision Regulations of the VILLAGE and final engineering plans approved by the VILLAGE, prior to the issuance of occupancy permits for the development, with the exception of model homes. 3. Sidewalks. OWNER shall build sidewalks in conjunction with the construction of each home in accordance with the terms of this Agreement, the Subdivision Regulations of the VILLAGE and final engineering plans approved by the VILLAGE. Also, if at a future date the VILLAGE establishes a special assessment district for the installation of sidewalks, parkway trees or other infrastructure improvements along or near to Main Street, which includes the TERRITORY in said district, OWNER/DEVELOPER shall not object to the establishment of such a district. Sidewalks adjacent to outlots, common areas or non - residential parcels shall be constructed upon establishment of turf on the parkway. Cash -in -Lieu may be requested for sidewalks required along the Main Street frontage. These monies, calculated for the Main Street frontage according to an estimate submitted by the OWNER and approved by the VILLAGE's engineer, may be used for the installation of sidewalk to improve the adjacent pedestrian network of walkways. Specifically, these monies may be used to establish a connection to McCarthy Pointe Subdivision along the existing detention area, and to establish a connection from McCarthy Pointe Subdivision along the south side of Main Street to the existing sidewalk ending at what is presently Turnabout Pizza. 4. Dedications. The OWNER shall dedicate all interior streets within the TERRITORY to the VILLAGE when developed. Said streets shall be constructed in accordance with the VILLAGE's Subdivision Regulations. The VILLAGE agrees to remove snow using snow plows and other methods ordinarily used on the streets when at least one occupancy permit issued. 7 00(1::021 5. Trees. Street trees shall be installed in conjunction with the construction of each home by the Buyer on the public rights of way of the TERRITORY. Trees that are adjacent to outlots, common areas or non - residential parcels shall be planted upon establishment of turf on the parkway. 6. Buffalo Boxes. Prior to final lot grading, landscaping, and/or the installation of the sidewalk and driveway on each respective lot, OWNER shall make the final adjustments to any buffalo box on said lot in accordance with Subdivision Regulations of the VILLAGE and final engineering plans approved by the VILLAGE. The VILLAGE shall inspect and accept the buffalo box on each lot prior to the issuance of an occupancy permit. 7. Traffic and Signage. All required signage including street signs, stop signs and speed limit signs, shall be installed prior to the issuance of building permits in the subdivision. V GLUSZEK LANDFILL The following conditions shall apply to construction within the former landfill area (as delineated in the final report from Alpha Environmental attached as Exhibit "G "): 1) Prior to the approval of the final plat of subdivision, both Phase 1, Phase II and the Geotechnical reports shall be reviewed by an independent environmental consultant selected by the VILLAGE whose comments may, at the discretion of the VILLAGE, be appended to the conditions of approval of the final plat. Notwithstanding such a review, any construction within the Landfill shall conform to the recommendations stated within the final report from Alpha Environmental. Also, additional soil borings shall be taken by the OWNER within the area of the proposed extension of 4th street where it crosses the landfill, prior to final plat approval. VI EASEMENTS AND RIGHTS -OF -WAY: UTILITIES 1. The OWNER agrees at the time of approval of the Annexation Agreement to grant to the VILLAGE and other governmental units all necessary easements for the extension of sewer, water, streets, drainage, access or other utilities and other public purposes as necessary upon development of the TERRITORY. The VILLAGE agrees to cooperate with the OWNER such that the location of such easements will be consistent with and not detrimental to OWNER's development plan. All such easements to be granted shall name the VILLAGE and/or other appropriate entities designated by the VILLAGE as grantee thereunder. It shall be the responsibility of the OWNER to obtain all easements, both on -site and off -site, necessary to serve the TERRITORY. 2. All electricity, telephone, cable television and gas lines shall be installed underground, the location of which underground utilities shall be at the OWNER's option, upon the approval of the respective utility company. 8 VII CONTRIBUTIONS AND ANNEXATION FEE 1. Fees. The OWNER shall pay annexation, petition and impact fees, in lieu of land contributions, in accordance with the ordinances of the VILLAGE as follows: 008:13021 Elementary School District $66,265.00 Junior High School District $41,719.00 High School District $38,806.00 *Park District $32,061.00 Library District $54,931.00 Village of Lemont $45A50.00 TOTAL: $279,232.00 The above fees are calculated as if 50% of all of the homes in the TERRITORY were three bedroom homes and 50% of all homes in the TERRITORY were four bedroom., Said fees shall be paid upon the approval of the Final Plat of Subdivision by the VILLAGE. If a final plat of subdivision is submitted to the VILLAGE more than one (1) year after the effective date of this Agreement, the aforesaid contributions and the annexation fee shall be paid in amounts calculated in accordance with the terms of the ordinances of the VILLAGE in effect at the time of such final plat submittal. 2. *The Park District contribution, besides the $32,061.00, shall include the deeding over of ownership of the "Park Site "(1.4 acres) to the Park District within sixty (60) days of the date of Final Plat recording. 3. Impact Requirements. OWNER agrees that any and all contributions, dedications, donations and easements, provided for in this Agreement substantially advance legitimate governmental interests of the VILLAGE, including, but not limited to, providing its residents, and in particular the future residents of the TERRITORY, with access to and use of public utilities, libraries, schools, parks and recreational facilities, police protection, and emergency services. OWNER further agrees that the contributions, dedications, donations and easements required by this Agreement are uniquely attributable to, reasonably related to and made necessary by the development of the TERRITORY. 4. 4th Street Right -of -Way. The VILLAGE and OWNER will work jointly on expanding and improving the 4th Street right of way south to McCarthy Road. Such improvement may require the initiation of condemnation proceedings by the VILLAGE. However, the VILLAGE, at it's discretion may opt not to initiate such condemnation proceedings. All costs will be paid by the OWNER, in addition to any legal or other fees and expenses that are incurred by the Village in obtaining any and all easements or rights -of -way necessary for the improvement of said street. The VILLAGE and OWNER agree that the costs for such land acquisition, shall not exceed the appraised value of the affected property, or the amount that is determined by a court. However, the 9 construction of the 95 lot residential PUD shall not be contingent upon the extension of 4th street. WATER SYSTEM IMPROVEMENTS CONTRIBUTION The OWNER/DEVELOPER shall contribute to the VILLAGE the cost of expanding the VILLAGE water supply system to the TERRITORY. The contribution to the VILLAGE shall be added to the usual and customary connection fee and shall be paid at the time of connection. The parties agree that one thousand dollars ($1000.00) shall be paid for the first 20 single - family units. IX DEVELOPMENT CODES, BUILDING ORDINANCES, PERMITS AND GENERAL MATTERS The development of the TERRITORY annexed, and each lot respectively encompassed by this Agreement shall be in accordance with the existing building, zoning, subdivision, storm water retention and other development codes and ordinances of the VILLAGE as they exist on the date each respective permit for development of each lot is issued, subject to Article XXV of this agreement. Planning and engineering designs and standards, and road and public improvements construction, shall be in accordance with the then existing ordinances of the VILLAGE or in accordance with the statutes and regulations of other governmental agencies having jurisdiction thereof if such standards are more stringent than those of the VILLAGE at that time. The contributions set forth in Section VI above shall not be increased during the term of this Agreement; however, all other fees, etc. set forth under various ordinances of the VILLAGE shall be paid by the OWNER at the rate set forth by the VILLAGE ordinances at the time each permit is issued. No occupancy permit shall be issued for any building prior to the completion of the required public improvements, except for the final surface of the street, provided. However, the construction and installation of the public improvements to be done by OWNER may be commenced at any time after OWNER has delivered to VILLAGE a irrevocable letter of credit, as more fully described in Section IX below, in an amount equal to 125% of the amount of the VILLAGE Engineer's estimate of the cost of construction and installation of all such improvements or the amount of actual contracts let for such work as approved by the VILLAGE's Engineer. The OWNER shall not be entitled to obtain any building permits, and shall not be entitled to construct any model units, sales and/or rental offices or any other appurtenant facilities unless and until the proper letter of credit or cash deposit has been made to the VILLAGE in accordance with 10 000:r:�O21 the Subdivision Regulations of the VILLAGE, and all public improvements have been installed. A total of four (4) model homes may be constructed on the TERRITORY for a maximum of two (2) years. All of the public improvements contemplated in this Agreement shall, upon acceptance thereof by the VILLAGE, become the property of the VILLAGE and be integrated with the municipal facilities now in existence or hereinafter constructed and VILLAGE thereafter agrees to maintain said public improvements. Acceptance of said public improvements shall be by the resolution of the President and Board of Trustees only after the VILLAGE Engineer or VILLAGE Engineer Consultant has issued his Certificate of Inspection affirming that the improvements have been constructed in accordance with the approved Engineering Plans and Specifications. OWNER agrees to convey by bill of sale and VILLAGE agrees to promptly accept, subject to terms hereof, the public improvements constructed in accordance with the Approved Engineering Plans and Specifications. OWNER agrees to use reasonable efforts to prevent excessive debris or construction waste accumulate from accumulating on the TERRITORY. OWNER agrees that any dirt stock piles resulting from the development of the TERRITORY shall be located in places and for reasonable time periods that are approved by the VILLAGE Engineer. X APPROVAL OF PLANS The OWNER agrees to submit all plats, plans and engineering drawings to the VILLAGE, and VILLAGE agrees to expeditiously take action to approve or disapprove said plats, plans and engineering drawings. The VILLAGE shall review said plans for conformance to all applicable VILLAGE ordinances and the terms of this agreement. If VILLAGE shall determine that any such submission is not in substantial accordance with this Agreement and applicable ordinances, the VILLAGE shall promptly notify OWNER in writing of the specific objection to any such submission so the OWNER can make any required corrections or revisions. Per VILLAGE ordinance, the OWNER shall have one year from the date of approval of this agreement, to submit a final plat for review and approval by the VILLAGE. If the final plat is not submitted within this one year time frame, the preliminary plat approval shall be null and void. 11 00033W1 XI LETTERS OF CREDIT Upon development of the TERRITORY the OWNER agrees to furnish adequate financial security in the form of an irrevocable letter of credit to guarantee the completion of required public improvements, including but not limited to sanitary sewers, storm sewers, detention basins, and water main extensions. Said letter of credit shall be in an amount equal to 125% of the estimated cost for said improvements or actual contracts let for said work, as reasonably determined by the VILLAGE Engineer, and shall be issued by a reputable, federally insured banking institution, financial institution, or their holding company authorized to do business in the State of Illinois. The letters of credit shall be subject to the review of the VILLAGE Board of Trustees. The dedication of the improvements to the VILLAGE shall be deemed accepted upon formal action of acceptance by the corporate authorities of the VILLAGE and the delivery by the OWNER of a properly executed Bill of Sale for all improvements contained within the dedication. Upon acceptance of dedication by the VILLAGE, the OWNER may reduce the letter of credit or form of financial responsibility by an amount equal to the value of the improvements so accepted. The VILLAGE Engineer may, in his /her reasonable discretion, recommend the amount of said reduction, from time to time, as major public improvements are completed. NOTICE OF VIOLATIONS The VILLAGE will issue no stop orders directing work stoppage on buildings or parts of the projects without first giving notice of the Section of the Code allegedly violated by the OWNER, so the OWNER may forthwith proceed to correct such violations as may exist. Moreover, the OWNER shall have an opportunity to correct possible violations. This paragraph shall not restrain the VILLAGE Building Official from issuing a stop work order in any case where he considers a continuation of the work to constitute a threat to the health and safety of the public or employee personnel on or near the site. VILLAGE shall provide OWNER notice as required by Statute of any matter , such as public hearing, proposed building code changes and policy changes or other matters which may affect the development of the TERRITORY under this Agreement. MAINTENANCE BOND At the time or times of acceptance by VILLAGE of the installation of any part, component or all of any public improvement in accordance with this Section, or any other section of the Agreement, OWNER shall deposit with the VILLAGE a maintenance bond or a letter of credit in the 12 000:x3021 amount of five percent (5 %) of the cost of the installation of the public improvement accepted by VILLAGE. This bond shall be deposited with the VILLAGE and shall be held by the VILLAGE for a period of twelve (12) months after completion and acceptance of all improvements. In the event of a defect in material and/or workmanship within said period, then said Bond shall not be returned until correction of said defect and acceptance by VILLAGE of said corrections. XIV DAMAGE TO PUBLIC IMPROVEMENTS The OWNER shall replace and repair any damage to public improvements installed within, under or upon the subject realty resulting from construction activities by OWNER, its successors or assigns and their employees, agents, contractors or subcontractors during the term of this Agreement. OWNER shall have no obligation hereunder with respect to damage resulting from ordinary usage, wear and tear. XV BINDING Et14ECT AND TERM AND COVENANTS RUNNING WITH THE LAND This Agreement shall be binding upon and inure to the benefit of the parties hereto, successor OWNER' s of record of the TERRITORY, assignees, lessees and upon any successor municipal authorities odor said VILLAGE and successor municipalities, for a period of 20 years from the effective date R & R Realty Development Corp., or its affiliate or successor, acquires the Territory. If this acquisition does not take place on or before June 1, 2000, then this Agreement, unless extended by mutual written consent, shall be null and void. The terms and conditions of this Agreement relative to the payment of monies to the various VILLAGE recapture funds, contributions to the VILLAGE construction and/or dedication of public improvements, granting of easements to the VILLAGE, dedication of rights -of -way to the VILLAGE and the development standards established herein shall constitute covenants which shall run with the land. 13 0003 :1021 XVI NOTICES Unless otherwise notified in writing, all notices, requests and demands shall be in writing and shall be personally delivered to or mailed by United States Certified Mail, postage prepaid and return request requested, as follows: For the VILLAGE: 1. Village President 418 Main Street Lemont, IL 60439 2. Village Clerk 418 Main Street Lemont, IL 60439 Village Administrator 418 Main Street Lemont, IL 60439 For the OWNER: 1. Mr. Walter A. Rebenson c/o The Fordham Company 15 E. Huron 2nd Floor. Chicago, IL 60611 with a copy to: Robert G. Higgins 150 South Wacker Drive, Suite 2900 Chicago, IL 60606 2. Mr. Rudolph Gluszek 10565 W. 74th Street LaGrange, IL 60525 Or such other addresses that any party hereto may designate in writing to the other parties pursuant to the provisions of this Section. 14 XVII PROVISIONAL OCCUPANCY PERMITS The Village, in accordance with the requirements and customary practice of the VILLAGE Building Department, will grant provisional occupancy permits for the individual residences between November 1'` and June 1' if weather prevents any Buyer from completing grading, landscaping and exterior concrete or asphalt work or such other exterior work that may be designated by the OWNER and approved by the VILLAGE Building Department for any such residence. As a condition of the issuance of such provisional occupancy permit, the OWNER shall provide the VILLAGE with a timetable (acceptable to the VILLAGE) for the completion of the outstanding work, which timetable shall be deemed a part of the occupancy permit. XVIII REIMBURSEMENT OF VILLAGE FOR THE LEGAL AND OTHER FEES AND EXPENSES 1. Such costs and expenses incurred by VILLAGE in the administration of the Agreement shall be evidenced to the OWNER upon its request, by an itemized statement of the VILLAGE. OWNER shall in no event be required to reimburse VILLAGE or pay for any expenses or costs of VILLAGE as aforesaid more than once, whether such are reimbursed or paid through special assessment proceedings, through fees established by VILLAGE ordinances or otherwise. 2. Initial Escrow. The OWNER has funded an initial $5000 Escrow, which shall be held by the VILLAGE and drawn down by them, to cover expenditures that the VILLAGE's Ordinances require. The OWNER will from time to time replenish the escrow upon reasonable notice from the VILLAGE and documentation of prior escrow payouts. 3. Defense of Claims. In the event that any third party or parties institute any legal proceedings against the OWNER and/or the VILLAGE, which relate to the terms of this Agreement, then, in that event, the OWNER, upon written notice from VILLAGE, shall assume, fully and vigorously, the entire defense of such lawsuit and the expenses of whatever nature relating thereto; provided, however: A. OWNER shall not make any settlement or compromise of the lawsuit, or fail to pursue any available avenue of appeal of any adverse judgment, without the approval of the VILLAGE. B. If the VILLAGE determines, in the exercise of reasonable discretion, that there may exist a conflict of interest which precludes the VILLAGE's attorney from representing the VILLAGE in connection with the TERRITORY, then the VILLAGE may retain special counsel whose 15 reasonable fees and expenses in connection with such representation shall be paid by OWNER. In the event the VILLAGE is required to retain an attorney or other consultant against the OWNER for violation of this Agreement, all expenses of such legal proceedings incurred by VILLAGE, including but not limited to the court costs and reasonable attorneys' fees, witnesses' fees, etc., incurred by the VILLAGE in connection therewith. OWNER may, in its sole discretion, appeal any such judgment rendered in favor of the VILLAGE against OWNER. XIX WARRANTIES AND REPRESENTATIONS The OWNER represents and warrants to the VILLAGE as follows: 1. That identified on page one are the parties that are the legal titleholders and owner of record of the TERRITORY, and that R & R Realty Development Corp. is the Contract Purchaser who has an interest in the TERRITORY under a binding purchase contract. 2. That the OWNER proposes to develop the TERRITORY in the manner contemplated under this Agreement. 3. That other than the OWNER, no other entity or person has any interest in the TERRITORY or its development as herein proposed. 4. That OWNER has provided the legal descriptions of the TERRITORY set forth in this Agreement and the attached Exhibits and that said legal descriptions are accurate and correct. XX CONTINUITY OF OBLIGATIONS Notwithstanding any provision to the contrary, until the sale and/or conveyance of all or any part of the TERRITORY by OWNER, OWNER shall at all times during the term of this Agreement remain liable to the VILLAGE for the faithful performance of all obligations imposed upon them by the Agreement until such obligations have been fully performed or until VILLAGE, at its sole option, has otherwise released OWNER from any or all such obligations. VILLAGE agrees upon sale of the TERRITORY to look solely to the subsequent owner for the performance of all of such obligations. 16 (1((1:1:(121 XXI RIGHT TO ENFORCEMENT Failure of any party to this Agreement to insist upon the strict and prompt performance of the terms, covenants, agreements, and conditions herein contained, or any of them, upon any other party imposed, shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. XXII TERMS OF THIS AGREEMENT This agreement shall be binding upon all the parties hereto, their respective successors and assigns for a period of twenty (20) years. All of the terms and conditions provided herein shall run with the land. This agreement shall also serve as a petition for annexation such that no additional notice or hearings are required by the VILLAGE to annex the subject property. Notification to the current or future owner of a proposed annexation Ordinance and passage of same shall only be required to annex the subject property. VILLAGE APPROVAL OR DIRECTION Where VILLAGE approval or direction is required by this Agreement, such approval or direction means the approval or direction of the Corporate Authorities of the VILLAGE unless otherwise expressly provided or required by law, and any such approval may be required to be given only after and if all requirements for granting such approval have been met, unless such requirements are inconsistent with this Agreement. XXIV PRELIMINARY PLAT OF SUBDIVISION OWNER, contemporaneously with the petition for annexation, has presented a Preliminary Plat of Subdivision for the TERRITORY. VILLAGE agrees to approve the Preliminary plat of subdivision after the effective date R & R Realty Development Corp., or its affiliate or successor, acquires the TERRITORY and upon annexation of the TERRITORY to the VILLAGE. If this 17 000 :13021 acquisition has not occurred by June 1, 2000, the Preliminary Plat of Subdivision and any other ancillary agreements executed prior to final annexation shall be null and void. The OWNER may submit a final plat or plats of subdivision for the Territory or any part thereof, and VILLAGE shall approve the final plat or plats of subdivision so submitted, provided such plat or plats are in conformity with the terms of this Agreement and Exhibit C attached hereto. If the final plat or plats submitted by the OWNER are not, in the opinion of the VILLAGE engineer, in conformity with the Preliminary Plat of Subdivision, the OWNER may request changes to the plat in accordance with the VILLAGE ordinances which will be promptly considered by the VILLAGE. OWNER will pay to VILLAGE the cost incurred by the VILLAGE in reviewing the final plat or plats. XXV PUD MODIFICATIONS OF SUBDIVISION REGULATIONS FOR R-4 DISTRICT AND THE VILLAGE ZONING CODE The Planned Unit Development provisions of the Zoning Ordinance of the VILLAGE allow for variances from the requirements of the Zoning Ordinance for the underlying zoning district in order to promote innovation and flexibility in design in keeping with the public interest and welfare. The VILLAGE finds that the strict application to the TERRITORY of certain provisions of the codes and ordinances of the VILLAGE would be unduly restrictive and would prevent OWNER from developing the subject and effectuating the Preliminary Plat of Subdivision attached as Exhibit C in the most suitable manner consistent with the testimony and exhibits heretofore submitted. Therefore, the VILLAGE agrees that the following standards shall govern with respect to the development of the TERRITORY in any case where the standards now or hereafter provided in the codes and ordinances of the VILLAGE shall conflict or in any case where there shall be no applicable standard provided therein, all being consistent with the intent and purpose of the Zoning Ordinance and in conformity with the general character of the VILLAGE shall permit the development of the TERRITORY in accordance with the following terms, conditions and standards: 1. Side Yard Set Back. The Zoning Code shall be varied to allow reduction of the minimum required side yard set back from 15 feet to 12.5 feet ONLY on one side yard, ONLY on lots with a 90 -foot or greater lot width and ONLY for sideload garages. 18 0003302,1 2. Size and width of Lots. The lot widths and areas for the 95 lots shall conform to the following table: 12,500 square feet 10,625 square feet minimum (18 lots) 11,250 square feet minimum (8 lots) 12,500 square feet minimum '(69lots) 90 feet (at the building line) 76.5 feet minimum 3. Traffic Circles. A Traffic Circle, as depicted in the Landscape Plans, attached as Exhibit "F" shall be installed at the intersection of 4th street, Carley Court and Stirrup Drive. A second Traffic Circle shall also be installed at the intersection of Melshane Court, Senon Drive and 4th Street. Detailed construction specifications for the Traffic Circles shall be submitted to the Village Engineer for review and approval prior to final plat approval; 4. 4th Street Right -of -way. The required right -of -way for 4th street shall be reduced from 80 -feet to 66 -feet for the north leg, and if voluntary easement agreements are secured for the south leg of 4th street the easement width shall be reduced to 40 feet. 4th Street shall be constructed with 30 -foot pavement (as measured from the back of curb). Easements shall be provided in the frontyards of lots abutting the north leg of 4th Street, and indicated on the Final Plat, for sidewalks, parkway trees, utilities, and/or drainage as determined by the Village Engineer. 5. Cul -De -Sac Island. The street requirements shall be varied to allow for cul -de -sac islands in the cul -de -sac's that can accommodate these islands. 6. Subdivision Monument Signs. All signs erected on the property shall conform to the standards set forth in the Zoning Ordinance. 7. For Sale Signs. OWNER shall have the right to place a sign on each lot advertising that it is for sale, provided that such sign is a maximum of 6 square feet in area. 8. Trees. Street trees shall be installed in conjunction with the construction of each home by the Buyer on the public rights of way of the TERRITORY. The VILLAGE shall inspect and accept the trees installed on each lot prior to the issuance of an occupancy permit. 9. Buffalo Boxes. Prior to final lot grading, landscaping, and/or the installation of the sidewalk and driveway on each respective lot, the Buyer shall make the final adjustments to any buffalo box on said lot in accordance with Subdivision Regulations of the VILLAGE and final engineering plans approved by the VILLAGE. The VILLAGE shall inspect and accept the buffalo box on each lot prior to the issuance of an occupancy permit. 19 XXVI SINGULAR AND PLURAL Wherever appropriate in this Agreement, the singular shall include the plural, and the plural shall include the singular. 00«;1.(121 XXVII SECTION HEADINGS AND SUBHEADINGS All section headings or other headings in this Agreement are for the general aid of the reader and shall not limit the plain meaning or application of any of the provisions thereunder whether covered or relevant to such heading or not. XXVIII RECORDING A copy of this Agreement and any amendments thereto may be recorded by the VILLAGE. XXIX AUTHORIZATION TO EXECUTE The President and Clerk of the VILLAGE hereby warrant that they have been lawfully authorized by the VILLAGE Board of the VILLAGE to execute this Agreement. The OWNER and VILLAGE shall, upon request, deliver to each other at the respective time such entities cause their authorized agents to affix their signatures hereto copies of all bylaws, resolutions, ordinances, partnership agreements, letters of direction or other documents required to legally evidence the authority to so execute this Agreement on behalf of the respective parties. XXX AMENDMENT This Agreement sets forth al the promises, inducements, agreements, conditions and understandings between the parties hereto relative to the subject matter thereof, and there are no promises, agreements, conditions or understandings, either oral or written, expressed or implied, between them, other than as set forth herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless authorized in accordance with law and reduced to writing and signed by them. 20 XXXI COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which taken together, shall contemplate one and the same instrument. 0011331121 XXXII CURING DEFAULT The parties to this Agreement reserve a right to cure any default hereunder within fifteen (15) days from written notice of such default. 21 XXXIII CONFLICT BETWEEN THE TEXT AND EXHIBITS In the event of a conflict in the provisions of the text of this Agreement and the Exhibits attached hereto, the text of the Agreement shall control and govern. XXXIV SEVERABILITY 000:13021 If any provision of this Agreement is held invalid by a court of competent jurisdiction or in the event such court shall determine that the VILLAGE does not have the power to perform any such provisions, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect any other provisions contained herein, and such judgement or decree shall relieve the VILLAGE from performance under such invalid provision thereof and shall not affect any other provisions contained herein. XXXIV DEFINITION OF VILLAGE When the term VILLAGE is used herein it shall be construed as referring to Corporate Authorities of the Village of Lemont unless the context clearly indicates otherwise. 22 0003:1021 xxxVI EXECUTION OF THIS AGREEMENT This Agreement shall be signed last by the VILLAGE and the President of the VILLAGE shall affix the date on which he signs this Agreement on page _ hereof, which date shall be the effective date of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: VILLAGE CLERK F LEMONT AND THE TE AUTHORITY THEREOF OWNER: R & R Realty Development Corp. By: �/ Ah4yar,/ PRESI DENT Rudolph Gluszek 23 AMMO National Bank and T rust Ca `; p-yrzI lcago Y BUT sr" -:L; AS vi ut NOT INDIVIDUALLY ,,,_, ...� UNDER TRUST NO. ' .L BY STATE OF ILLINOIS ) ss. COUNTY OF DUPAGE ) B (1(1(1:;`8`1 By: Its: Old Ken ' : ank, as trustee agreeme 't dated March 3, as Trust #1192 This instrument is executed by the undersigned Land Trustee, not persr, , y but so :My as 4 Trustee IT�. ti's? exer ... of the power i3!"` � h�.�,�� t ..i.:.,, a � .t -... ti .. ... Trir.tee. iS �h' _ v, '.:1 .; o: t .s : I, 5 i Notary Public n and' -for said County, in the State o esaid, DO IT E€R8B '' R T F ` that Richard fA. Kwasneski personally known to me to be the resident of the Village of Lemont, and Charlene M. Smollen personally known to me to be the Village Clerk of the Village of Lemont, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, respectively appeared before me this day in person and acknowledged that they signed and delivered the said instrument and caused the corporate seal of said municipal corporation, as their own free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. Given under my hand and Notarial Seal this ,) D C ri.v1110 OAP , 1999. OFFICIAL SEAL ROKMAY YATES NOTARY PUBLIC, STATE CF ILLINOIS MY COMMISSION EXPIRES 8.12 -2000 STATE OF ILLINOIS ) ) ss. COUNTY OF DUPAGE ) day of OFFICIAL SEAL CONNIE TAYLOR NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 8-28-2000 I, �� c-', \ cC1,-1) 5-: , a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that R & R Realty Development Corp. By: Walter A. Rebenson, personally known to me to be the same person whose name is subscribed to the foregoing instrument, respectively appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act. 24 000 33021 Given under my hand and Notarial Seal this day of , 1999. Notary Public STATE OF ILLNOIS ) ) ss. COUNTY OF DUPAG5 " I, Gregory J. Constantino , a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Rudolph Gluszek, personally known to me to be the same person whose name is subscribed to the foregoing instrument, respectively appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act. Given under my hand and Notarial Seal this 7th day of December , 1999. "OFFICIAL SEAL GREGORY J CONSTANTINO ""i Notary Public, State of I,IL,�tc yA GammisS41 Expires 05:1 n 00 .i �,*i+s �cs.-�ar�• �estrrr'�i"r�Erv'rri'3'�.n' .frF,n� STATE OF ILLNOIS ) ss. COUNTY OF I Anne M. Marched , a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Old Kent Bank, as trustee under must agreement dated March 3, 1959 and known as Trust #1192 By: MARK DeGRAZ(A , personally known to me to be the same person w1IJsP a1n9tsrsbs�c iibed to the foregoing instrument, respectively appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act. Given under my hand and Notarial Seal this DEC 0 8 '999 day of , 1999. 25 EXHIBIT A LEGAL DESCRIPTION TRACT C • THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 37 NORTH. RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH AND EAST OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A PONT ON THE EAST LINE OF SAID SOUTHWEST QUARTER, 320 FEET SOUTH OF THE CENTER OF SAID SECTION 21, THENCE WEST ALONG A LIVE PERPENDICULAR TO SAID EAST LINE, 786.83 FEET TO THE INTERSECTION WITH A LIME 325 FEET SOURLY OF AND PARALLEL WITH THE SOUTHERLY LIVE OF THE 60 FOOT RIGHT OF WAY OF THE ILLINOIS CENTRAL GULF RAILROAD (FORMERLY THE CHICAGO AND ALTON RAILROAD COMPANY); THENCE SOUTHWESTERLY ALONG SAID PARALLEL LNE TO THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER, EXCEPTING THEREFROM THE FOLLOWING PARCELS OF LAND: BEGLNNINi G AT A PONT ON THE EAST LNE OF THE WEST HALF OF SECTION 21, 614.25 FEET NORTH OF THE SOUTHEAST CORNER OF THE WEST HALF OF SAID SECTION 21, THENCE NORTH ON THE EAST LINE OF THE WEST HALF OF SAID SECTION 21, 1723.07 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID SECTION 21, 505 FEET; THENCE SOUTH PARALLEL WITH THE EAST LNE OF THE WEST HALF OF SAID SECTION 21, 1723.07 FEET TO A LINE 614.25 FEET NORTH OF AND PARALLEL WITH THE SOUTH LNE OF SAID SECTION 21; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID SECTION 21, 505 FEET TO THE POINT OF BEGINNING; ALSO EXCEPTING THE WEST 113.5 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 21, ALL N COOK COUNTY, ILLINOIS. AND TRACT D THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER AND THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRNCIPAL ?PLAN, LYNG SOUTH OF THE SOUTHERLY LINE OF THE 60 FOOT RIGHT OF WAY OF THE ILLINOIS CENTRAL GULF RAILROAD (FORMERLY THE CHICAGO AND ALTON RAILROAD COMPANY) AS DESCRIBED N DOCUMENT 41882375, EXCEPTING THEREFROM THE FOLLOWING PARCELS OF LAND: THAT PART OF THE SOUTHWEST QUARTER OF SAID SECTION 21 LYNG SOUTH OF A LINE 325 FEET SOUTHERLY OF AND PARALLEL WITH THE SOUTHERLY LIVE OF SAID 60 FOOT RIGHT OF WAY OF THE ILLINOIS CENTRAL GULF RAILROAD; ALSO EXCEPTING THE WEST 113.5 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 21; ALSO EXCEPTING AN EXTENSION OF ALAI' STREET AS PER ORDINANCES OF THE VILLAGE OF LEMONT ADOPTED NLARCH 9, 1898, AND EXCEPTING THAT PART OCCUPIED BY MAIN STREET; ALSO EXCEPTING BEGINNING AT A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 21, 51.38 FEET SOUTH OF THE CENTER OF SAID SECTION 21; THENCE SOUTHWESTERLY ALONG A LINE 325 FEET SOUTHERLY OF AND PARALLEL WITH THE SOUTHERLY HERLY LINE OF THE 60 FOOT RIGHT OF WAY OF SAID ILLINOIS CENTRAL GULF RAILROAD. 363 FEET; THENCE NORTH PARALLEL WITH THE CENTERLINE OF SAID SECTION 21, 120 FEET: THENCE NORTHEASTERLY ALONG A LINE SOUTHEASTERLY OF AND PARALLEL WITH THE SOUTHERLY LNE OF THE 60 FOOT RIGHT OF WAY OF SAID ILLINOIS CENTRAL RAILROAD. 363 FEET TO TEE CENTER LINE OF SAID SECTION 21; THENCE SOUTH ON THE CENTERLINE OF SECTION 21. 120 FEET TO THE PLACE OF BEGINNING, ALL N COOK COUNTY. ILLINOIS. 0003p30'21 Given under my hand and Notarial Seal this day of , 1999. Notary Public STATE OF ILLINOIS ) ) ss. COUNTY OF DUPAG5 I, Gregory J. Constantino , a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Rudolph Gluszek, personally known to me to be the same person whose name is subscribed to the foregoing instrument, respectively appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act. Given under my hand and Notarial Seal this 7th day of December , 1999. "OFFICIAL SEAL" GREGORY 1 CONSTANTINO Notary Public, State of Illinois 4 My Commission Expires 05/16100 Ar'4564-44 STATE OF ILLINOIS ) ss. ) COUNTY OF ) 1, Amite NI. Marched , a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Old Kent Bank, as trustee under trust agreement dated March 3, 1959 and known as Trust #1192 By: MARK DeGRAZIA , personally known to me to be the same person wgagr§ain ?FsFsii bed to the foregoing instrument, respectively appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act. DEC 0 81999 day of Given under my hand and Notarial Seal this y , 1999. 25 00033021 "OFFICIAL SEAL" Anne M. Marcheri Notary Public, Stata of Illinois My Commission Expires sprit 23, 2002 26 EXHIBIT B Plat of Annexation (not yet submitted) 00033 021 EXHIBIT C Preliminary Plat (Option A) FORDHAM HILL ESTATES PRELIMINARY PLAT AMMO 1 OM1n70ZW1 X1.01 r ;t40M07111WI1MOM00.m0O11W111 .1..1 01000000000s1O10.11= ..00111.00110001.000.. IOfY n. O11011•01m1YOf01 ∎110000/04mnOrAV ,1:...• . 1n.(r1w1r0.•wlwav+m..1N.mP.00100T Y1,000..W11.10111001011r1P01.r1 W.O01Otllu...1 010 OmIw1100O100� lwewe.rs0awa.anw1ol111010,0 1 Mf .[1101 n.w1.e1P110P 1....1001.P.� 1..1...1 S O 01000..0011 100010 0 0 110 .1.00T.r11n.011111001vv1100O11.101 1010004 4 010 0 0 010.01. 11100000100000010 00100(00000OL.10110I1:001 711010•00.11.M00101107 CO.rW1.0010000N000OM.. Ls MM. 040000 10 W00000•00W 010 O Mjy11. t 11.1WI0110 WIO10071000.001d00000[1000. ..101.00. nano µ01O WInYlPWMu10.1.. wM 0. • 0000. 1010001010110.000101110001100101 M1.1010010110000..000P100110 01 0100 0 NT0111000000001.00 V 1 000 1.101000010r0.0.000IMIUMM ra01O0O00Y000 I..1MUOIMO MIP1.110....•01a .1101010. a= mnvv: 000:1:1(121 Exhibit "D" FORDHAM HILL ESTATES CONDITIONS OF APPROVAL 1) that the final plat shall substantially conform to the preliminary plat attached as exhibit "C "; 2) that prior to final plat submittal the following additions /corrections shall be made to the preliminary plat: a) Lenox Court shall be changed to Lenox Lane; 3) that the project shall be built substantially in conformance with the landscape plan/tree survey, attached as exhibit "F "except as such plans may be changed to conform to Village Codes and Ordinances; 4) that the project shall be built substantially in conformance with the preliminary engineering plan, attached as exhibit "E "except as such plans may be changed to conform to Village Codes and Ordinances; 5) that the petition is subject to review and approval by the Village Attorney and Village Engineer; 6) that the tree preservation plan shall be reviewed and approved by staff, prior to any site work being permitted; 7) that the landscaping plan shall be subject to review by the Village Landscape consultant; 8) approval from the Illinois Department of Transportation will be required for access to Main Street; 9) that Fourth Street shall be connected through to McCarthy Road. Approval from IDOT may be required if any modifications are proposed at Fourth Street and McCarthy Road; 10) that detailed construction specifications for the proposed traffic circles shall be submitted to the Village Engineer for review and approval prior to final plat approval; 11) that development of the site shall conform to the recommendations of Alpha Environmental, Inc. as stated in the Environmental Site Investigation Final Report, attached as exhibit "H". 12) that development of the site shall conform to the development standards as listed in Section XXV of the Annexation Agreement; 13) that the developer shall secure a letter from the Park District approving the dedication of the proposed park site and any other cash payments; 14) that all Street names shall be subject to review and approval by the Lemont Fire Protection District. 15) that the development conform to the covenants and restrictions, attached as exhibit "J"; and 16) that the residents on the north leg of 4th street shall respond to the Village by no later than Feb 1, 2000 regarding their intent to sign a voluntary easement agreement for the improvement of 4th Street to McCarthy Road. • • y,. EXHIBIT E Preliminary Engineering 000330'A Lot 91 11 anss.vv.x+•.+ U.Hxw. I111.1 • illn 70 'l tpt !r - i7" 4" ; •\ .,L•:e - \ . 1,1.2.1 V\ _ ,. (l t 31\ If ' � iPl .w �, . �, IC2 r, Lot 94 • 4a. :141 2! T' ..I 10 AVM J:ULI,I1 MI 4 SI IANI C(__RT' u.1 W .2' s EXHIBIT F Landscape Plan/Tree Survey (full plan on file in CD Dept.) 1100:13021 Lot 84 Tree - 127 Lot 10 Lot 9 Lot 8 proposed Tr.. Ar..o to W Pr. SV•VSd. M• r.wa L-.. EXHIBIT G Alpha Phase 1 Report (on file in CD Dept.) (10033021 EXHIBIT H Alpha Final Report (on file in CD Dept.) EXHIBIT I Geotechnical Report (on file in CD Dept.) 000:13021 021 EXHIBIT J Covenants and Restrictions 00033(121 Draft DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FORDHAM HILL ESTATES The undersigned, FORDHAM DEVELOPMENT COMPANY, being the Owner and Developer of the real estate included within 1999 lat Document Numb HAM HILL recorded in the Office of the Recorder of Deeds of Cook County, Illinois and described as follows, to -wit: Address: 1200 East Main Street, Lemont, Illinois PIN: 22 -21- 302 -015 and 22 -21- 301 -008 hereby incorporates this instrument as part of said plat and makes the same a part thereof. WITNES SETH: WHEREAS, Developer intends to create and implement a uniform plan for the development of FORDHAM HILL ESTATES into a quality residential community, and WHEREAS, Developer desires to make o insure Subdivision he proper described subject to covenants, conditions, and restrictions development and improvement of FORDHAM HILL ESTATES and every part thereof; to protect the owners of property therein against improper use of surrounding lots as may depreciate the value of their property; to guard against the erection thereon, of buildings built of improper and unsuitable materials; to insure adequate and reasonable development of said property; to encourage the erection of attractive improvements thereon, with appropriate locations thereof; to prevent haphazard, redundant and inharmonious improvements; to secure and maintain proper setbacks from streets and adequate free space between structures; encourage the preservation of quality native trees and the planting of new trees; and in general to provide for the various other matters hereinafter set forth, all having as their object the preservation of the attributes of a distinguished residential community, NOW THEREFORE, the following covenants and restrictions are hereby imposed on all lots in the above - described Subdivision, shall be considered running with the land and shall be binding upon the respective owners of said lots, their heirs, executors, administrators, successors, grantees, lessees and assigns: 0003A (121 ARTICLE I FAMILY RESIDENTIAL BUILDINGS ONLY Only one residential building shall be erected or allowed to exist upon any of the lots and said residential building shall be used or occupied as a single family dwelling only. None of said lots, as originally placed and subdivided on the attached plat, shall be divided or resubdivided except for the purpose of combining portions thereof with an adjoining lot or lots, provided that no additional building site is created thereby. Any single ownership or single holding by any person or persons which comprises the whole of one of said lots (as originally platted and subdivided) and a part or parts of one or more adjoining lots shall, for all purposes of this Declaration, be deemed to constitute a single lot upon which only one (1) residential building may be erected, constructed, or allowed to exist. Said building on said premises or any part or portion thereof shall be used or occupied for single family, private residential purposes exclusively and shall never be used or occupied for multi - family, trade, commercial, home occupation business, or agricultural purposes of any kind or nature. The non - permissive uses prohibited above shall include, but shall not be limited to, the use of the premises for apartment dwellings, hospitals, sanitariums, rest homes, nursing homes, hotels, beauty shops, motels and boarding houses or for the storing of commercial equipment or materials or for professional offices or business or professional purposes. In addition, such non - permissive uses prohibited above may not be established as incidental to any single - family use on the premises. No room or rooms in any residence or parts thereof may be rented or leased and no paying guests shall be quartered in any residence. Nothing contained in this paragraph, however, shall be construed as preventing the renting or leasing of any entire residence as a single unit to a single family. No business or profession of any nature shall be conducted on any lot or in any residence constructed on any lot in this Subdivision, except the business of the sale of lots and houses in the Subdivision constructed by the Developer or its successors or assigns. Anything herein to the contrary notwithstanding, nothing herein contained shall be construed so as to prevent the Developer or its assigns or successors from erecting a single family residential building or buildings on any lot or lots in the Subdivision and using and maintaining such building(s) as a sales purpose of theldehome(s), lopment and Salo f lots storage area, and/or construction area, for the p rp or homes in the Subdivision and any adjoining property. ARTICLE II MINIMUM TWO CAR ATTACHED GARAGE REQUIRED As appurtenant to the residential building permitted by Article I hereof and to be used exclusively in connection with such residential building, a private garage of sufficient size to house not less than two (2) standard size American made automobiles shall be constructed or erected and maintained, which garage must be either attached to such residential building as an integral part thereof or attached thereto by an enclosed breezeway. If a three -car garage is planned, at least one of the doors should be setback from the other door(s) at least one foot. Such garage shall not be used at anytime as a residence, either temporarily or permanently. Such garage shall, in architectural design and in proportionate construction cost, conform to said residential building. Detached garages and carports are not permitted. 000: t: 0 1 ARTICLE III SIDE YARD SETBACKS For any building or structure, other than a fence, driveway, sidewalk or decorative wall, hereinafter erected or structurally altered on all lots in the Subdivision, there shall be a side yard from the sides of the building or structure to the said side lot line of such lot of not less than the setback required by the appropriate Village of Lemont Ordinances. ARTICLE IV MANDATORY APPROVAL OF HOUSE PLANS AND RIGHTS OF COMMITTEE Before anyone shall commence the construction, reconstruction, erection, remodeling, addition to, alteration or placing of any building, fence, wall, structure or improvement whatsoever on any of said improvement whatsoever on any of said lots in said Subdivision, there shall be submitted to the Architectural Committee (hereinafter defined and for convenience sometimes referred to as the "Committee ") two (2) complete sets of construction plans drawn by a licensed architect for such building or structure, which plans shall include drawings, specifications, exterior elevations, construction materials, finished ground elevation (foundation grade or elevation in relation to the grade of the crown of the street) a site plan showing location of the buildings, fences and other structures upon the lot (all of which for convenience shall be referred to herein as the "construction plans ") and no such building, fence wall, improvement or structure shall be erected, constn.:cted, or reconstructed, remodeled, added to, altered or placed upon any lot in said Subdivision unless and until said complete construction plans, including, but not limited to, the site plan and foundation and location of any building, with respect to the topography of the land, have received written approval of the Architectural Committee as herein provided. Within thirty (30) days after said complete construction plans have been submitted to it, the Committee shall in writing notify the owner of the lot of which said construction plans are proposed of its approval or disapproval of said construction plans, the date of mailing or personal delivery of said notice to be deemed to be the date of such notice. Anything 00(13:n2 1 herein to the contrary notwithstanding, recording in the Office of the Recorder of Deeds of Cook County of any such notice disapproving of the construction of any such building, improvement or structure commenced prior to approval by the Committee shall be sufficient notice to the owner and all persons of such nonconformity and shall preserve the right of the Committee, the Developer or any lot owner in the Subdivision to file suit to enjoin the construction of said building, improvement or structure and the removal of any portions thereof which may have been commenced, which said right to file suit, shall extend for one hundred twenty (120) days after the date of filing of said notice. If the Committee shall fail to file such notice of approval or disapproval within thirty (30) days after said complete construction plans have been submitted to it, and if no action shall have been instituted by the Committee or the Developer or any lot owner to enjoin the construction of the proposed building or structure, it shall be presumed that the Committee has approved such proposed construction plans. Any suit filed by the Developer, the Committee or the owners of any lot in the Subdivision fully to enjoin the erection or construction of any building or structure not conforming y o the requirements of this Article IV or any other of these restrictions shall be timely if filed within one hundred twenty (120) days after the date the nonconforming owner shall have been notified of such default, provided such notice shall have been given within fifteen (15) days after discovery of said nonconformance. The heights, ground elevation or grade of the top of each and every foundation, basement, crawl space or base walls for buildings constructed in the Subdivision shall be set and established by the Architectural Committee and no building shall be constructed unless the top of the foundation, basement, crawl space or base walls shall be in accordance therewith. The Committee shall have the unrestricted discretion to prevent the building of and to disapprove of any construction plans submitted to it as aforesaid if, in the sole opinion of the Committee: Such construction plans are not in accordance with all of the provisions of this Declaration; or If the design, exterior and interior size, exterior shape, exterior construction materials or color scheme of the proposed building or other structure is not in harmony with the adjacent building or structures, or is too similar to the buildings adjoining the property. If such construction plans, as submitted, are incomplete; or If the Committee deems the construction plans or any part thereof or any material used on the exterior of the building or the finished ground elevations of the foundation or the location of the building with respect to the topography of the land to be contrary to the interest, welfare or rights of all or any part of the real property, subject hereto, or the owners, all-in the sole uncontrolled discretion of the Committee; or HO(I21 If the Committee shall, within its sole and unlimited opinion and discretion, deem the construction plans or any part thereof or the building or structure to be unacceptable or of such design or proportions, or to be constructed of such unsuitable materials or exterior color schemes, as shall depreciate or adversely affect the values of other building sites or buildings in the Subdivision. The decisions of the Committee shall be final. f the Committee Developer all be responsible in ahitect or agent of the Developer nor any member for the defects in any construction plans submitted, revised or approved in accordance with the foregoing, not for any structural or other defects in any work done according to such construction plans. From and after Architectural (10) years after the date of this Declaration, t he number of members of thane Committee shall be determined from time to time by FORDHAM DEVELOPMENT COMPANY, its successors, assigns or any person whom it may in writing appoint and the members thereof shall be appointed by said FORDHAM DEVELOPMENT e (10) eara the COMPANY, or its successors, assigns or appointees. From and this Declaration, the number and members of the Committee shall be determined by a majority vote of the owners of all of the lots of this Subdivision. If, at any time within ten (10) years after the date hereof, FORDHAM DEVELOPMENT COMPANY or its appointee, assignee or successor shall expressly relinquish or refuse to exercise its power to determine the number and members of the Architectural Committee, the number and members of the Committee shall be determined by the majority vote of the owners of all the lots of this Subdivision. ARTICLE V MINIMUM LIVING AREA In addition to all other requirements in this Declaration, residences erected on the lots in this Subdivision shall be as follows, and no such residence shall be erected or allowed to exist which does not conform to the following requirements.: A one -story residence shall contain at least two thousand, two basement. (2200) square feet e of living area, exclusive of garage, breezeway, porches, and A two -story residence shall contain at least two thousand, six hundred (2600) square feet of living area on the two floors exclusive of garage, breezeway, porches and basemfnt. "Basement" shall be defined as any part of the building four (4) feet or more below final grade. 000:1'3021 ARTICLE VI FRONT LINE AND SIDE LOT SETBACKS No buildings or portion thereof shall be erected closer to the front lot line, side lot line, or street right of way other than the building setback lines approved by the Village of Lemont for this subdivision. No dwelling or structure shall be erected in the conservation easement. ARTICLE VII GARBAGE BURNING No garbage or trash shall be burned on the premises except in an incinerator located inside of a residence. ARTICLE VIII NO TEMPORARY BUILDINGS, OUT-BUILDINGS, CAMPERS, TRAILERS, ETC. No out - building, temporary house, campers, habitable motor vehicles, trailer, stand, recreational appurtenances, shack, barn, basement or other structure or building not attached to the residence constructed on said lot, whether of a permanent or of a temporary character, shall be constructed, placed, allowed to exist or used on any lot at any time either as a residence or otherwise and either temporarily or permanently. No residence erected on any lot shall be occupied in any manner at any time prior to its full completion in accordance with approved plans, as hereinabove provided. For the purpose of this Declaration, a tennis court or swimming pool, and its appurtenances shall not be considered an out - building or structure falling within this Article VIII. A storage or out- building may not exceed ten (10) feet in width, fifteen (15) feet in depth, ten (10) feet in height, and may be constructed in the rear yard in accordance with plans approved by the Architectural Committee, but in no event on any platted easement. Any such building shall have a minimum five (5) foot side and ten (10) foot rear setback. The hanging of laundry or other articles, or the erection of laundry drying equipment outside the dwelling is prohibited. No window air conditioning units shall be permitted. Outside television and radio antennas, or similar apparatus used to receive or transmit communication signals are prohibited. Cable and satellite television dishes, with a dish that is less then thirty (30) inches in diameter, maybe installed as long as the dish is riot visible from the street. The use of any driveway, parkway, or parking area which is in front of , adjacent to, or part of any lot in the Subdivision as a habitual parking place for commercial vehicles, recreational vehicles, campers, boats, trailers, etc., is prohibited. The habitual violation of this parking regulation shall be deemed a nuisance and in violation of this Declaration. (1(1(1:43(121 ARTICLE IX SIGNS No advertising or signs or any type or character shall be erected, placed, permitted or maintained on any lot other than a name plate of the occupant and a street number not exceeding 2' x 1' in size and except for a "For Sale" or "For Rent" sign not exceeding 3' x 3" in size and of type, design and appearance approved by the Architectural Committee. This provision shall not apply to any sign which the Developer may erect identifying and/or advertising the Subdivision and adjoining land, any model homes which may be deemed necessary by the Developer for the operation and sale of the Subdivision and adjoining property or any house or any lots therein, which said signs the Developer may erect and maintain. ARTICLE X NO TRUCKS, CAMPERS, ETC., TO BE KEPT ON ANY LOT OR ON ANY STREET No trucks, truck mounted campers, trailers, house trailers, buses, boats, boat trailers, campers, junk automobiles, dilapidated or disabled vehicles of any kind shall be maintained, stored or parked on any dedicated street in the Subdivision or maintained, stored or parked on any of the lots in the Subdivision unless housed or garaged completely in a structure which complies with this Declaration and which has been architecturally approved by the Architectural Committee so as to fully screen them from view from the streets and from neighboring yards. 00033021 ARTICLE XI JUNK MACHINERY & MATERIALS No implements, machinery, lumber or building materials shall be permitted to remain exposed upon any lot so they are visible from the streets or any neighboring lot, except as necessary during the period of construction of a building thereon. No part of the Subdivision shall be used for storage of junk or for wrecking yards. ARTICLE XII DESTRUCTION OF BUILDING In the event any building or structure is destroyed either wholly or partially by fire or any other casualty, said building or structure shall be promptly rebuilt, repaired or remodeled, and all remaining portions of the building or structure, including the foundations and all debris shall, within sixty (60) days from the date of such fire or other casualty, be removed from the property and any excavation remaining therein shall be promptly filled with dirt, stone or other suitable non - organic fill material approved by the Architectural Committee. ARTICLE XIII GARBAGE CANS No garbage, trash or refuse cans, containers or receptacles shall be maintained or kept in any portion of the lot beyond the front of any building constructed thereon, and all such garbage, trash or refuse cans, containers, and receptacles shall be placed so as to reasonably screen them from view from the streets. ARTICLE XIV ANTN'IALS No animals, livestock or poultry or any kind shall be raised, bred or kept on any lot except that not more than two (2) dogs, cats or other bona fide household pets may be kept, provided that they are not kept, bred or maintained for any commercial purposes and provided they do not make any objectionable noises and do not otherwise create a nuisance or inconvenience to any of the residents of the Subdivision. Any pets that cause objectionable noise or otherwise constitute a nuisance or inconvenience shall forthwith be removed from the premises by the person having custody of the same. ARTICLE XV FENCES, DOG RUNS AND APPROVAL REQUIRED Cyclone and conventional chain -link fences shall be prohibited. Fences surrounding swimming pools shall be permitted under the ordinances of the Village of Lemont. It is the intent of the Developer to maintain as much of the open space, views, and native trees of the Subdivision as reasonably possible; therefore, all other fencing or dog -run designs and layouts.must be submitted to and approved by the Architectural Committee prior to oOf1:;3O21 construction. Decorative fencing and a fence design that is fifty (50) percent or less solid is encouraged. A vinyl coated cyclone fencing product will be considered on a case by case basis. No fence shall be more than six (6) feet in height and no fence should extend beyond the rear wall of the building thereon. ARTICLE XVI BURIED UTILITY LINES All public utility, cable television and radio wires, pipes, mains, tiles, conduits, cables, lines, service lines, and other appurtenances constructed, laid or installed in the Subdivision must be buried beneath the ground, except the necessary pedestals and transformers required to serve the underground facilities in the Subdivision. ARTICLE XVII TANKS & OUTSIDE AIR CONDITIONING UNITS No tanks, buried or exposed, of any kind, shall be erected, placed or permitted to exist in the Subdivision. All air conditioning condensing units or other refrigeration, cooling or heating apparatus which are to be placed outside of a residence shall be located only in the side or rear yards of any residence constructed in the Subdivision, and no such unit or apparatus shall be located in any front yard of any residence in the Subdivision. ARTICLE XVIII PAVED DRIVEWAY BEFORE OCCUPANCY No residence or building erected or placed on any lot in the Subdivision shall be occupied in any manner at any time prior to the installation and construction thereon by the owner thereof (at the owner's sole expense) of a concrete, asphalt or brick paver driveway from the street to the garage, provided, however, that this requirement may be extended by the Architectural Committee for a period of not to exceed one hundred twenty (120) days in the event any such building shall be ready for occupancy during a time when inclement weather or labor strike shall prevent the construction and installation of such driveway. No driveway, sidewalk, walkway, private road or drive shall be constructed or allowed to exist on any lot in the Subdivision unless it shall be surfaced with concrete, asphalt or brick pavers. ARTICLE XIX TREES, LAWN AND LANDSCAPING After approval of the construction plans and prior to commencement of construction, including excavation, the owner shall construct a snow fence or other type of protective barrier to protect all quality, native trees on the property with a diameter greater then six inches in size which are located within 20 feet of the construction area. 000E n21 • Within one (1) year after a residence or building erected or placed on any lot in the Subdivision shall be occupied, the owner of such lot shall landscape the front and side yards. The front and side yards must be grassed with sod; the rear yard may be seeded. It is the goal of the Developer and Architectural Committee that every landscape plan preserves all existing trees where possible. Any landscape plan that calls for the destruction of two or more existing trees will require special review by the Architectural Committee prior to the trees being felled. Each lot owner shall plant a minimum of two (2) trees in the parkway of owner's lot at owner's expense. The type of trees to be planted shall be at least 2 -1/2 inches in diameter at 6 inches above grade. The species shall be different than the immediately abutting lot species already planted. Owner shall comply with Village of Lemont ordinances regarding tree planting. "Existing Tree" shall be defined as any tree that existed on the lot prior to construction of the dwelling, is three (3) inches or greater in diameter, is not diseased or damaged from construction after the homeowner takes occupancy of the dwelling. ARTICLE XX CONSTRUCTION COMPLETION AND QUALITY Construction must be completed within six (6) months after the date construction of any residence shall have been commenced, except that such period may be extended for a reasonable time for reason of act of God, labor disputes, or other construction related matter beyond owner's control. Construction shall commence on any building on any lot in the Subdivision not later than eighteen (18) months following the closing of the purchase of said lot. All construction materials must be new. No structure shall be moved onto the Subdivision from any off-site location. Within twelve (12) months from the date any lot is purchased from the Developer, or prior to resale by the original purchaser, whichever is earlier in time, the owner must install an approved main walk even if construction of a residence has not taken place. The first floor of any residence must be face brick on all sides; the entire exterior of any structure must be at least sixty percent (60 %) face brick with the remainder to be wood, dryvit or high quality vinyl siding. No dwelling shall contain on its exterior any aluminum, low -grade vinyl or masonite siding, except that aluminum gutters and underhangs shall be permitted. Windows to be wood, aluminum clad or vinyl clad. Roof designs that are not integrated with the home design shall not be permitted. The Architectural Review Committee will insist upon a wood shake shingle, a Hallmark style shingle, or other high quality roofing product for dwellings with dramatic roof lines and/or or steeply pitched roofs. ARTICLE XXI SWIMMING POOL In- ground pools are allowed. Above ground pools are not encouraged. Any above ground pool must be approved in advance by the Architectural of Committee and each wil be considered on a case by case basis. A stand-alone g1 incorporated into the backyard decking or patio, the landscaping or overall design of the home will not be approved. ARTICLE XXII WEED CUTTING AND CLEAN UP No trash, litter, junk, Each lot shall at all times be kept in a clean rnutted to condition. or remain exposed on any boxes, containers, bottles or cans shall be p lot except as is necessary during the period of construction. The owner of each lot shall be responsible for the cutting or removal of weeds each of the year of such mlot so as to conform to the requirements, ordinances and regulations ARTICLE XXIII ACCEPTANCE BY GRANTEES Each grantee of a lot in this Subdivision, by the acceptance of a deed conveying any lot in this Subdivision, shall accept title thereto upon and subject to each and all of these covenants, conditions and restrictions. ARTICLE XXIV EFFECTIVE DATE These covenants, conditions and restrictions shall continue in effect until January 1, 2010, at which time they shall continue for successive periods of ten (10) years unless by a majority vote of the owners of the lots in said Subdivision at the beginning of each successive ten (10) year period they are amended or terminated. ARTICLE XXV AMENDMENT At any time and from time to time while these restri b amended or revoked by the recording i n the Office of the Recorder of Cook County, Illinois, of an instrument declaring such amendment �iTrC�NIPsAnvwhich or its successor and be signed either by the FORDHAM DEVELOPMENT or by the then owners of at least sixty percent (60 %) of the lots in said Subdivision, which shall be effective from ORDHAw1 recording, amendment COMPANY or or revocation provided, however, that if its successors or assigns shall hold legal title to any lot or lots in the Subdivision, then an amendment or revocation signed by at least sixty percent (60 %) of the owners of such lots ( f must also be signed by the Developer or its successors or assigns and if not so signed, (�• • (1 2 1 such amendment or revocation shall not be valid. In the voting provided for herein and in making amendments and revocations of this Declaration, each of said originally platted lots shall be entitled to one (1) vote and shall count as one (1) owner in determining the number of the votes and owners. ARTICLE XXVI GENERAL PROVISIONS The invalidity of any covenant, condition, restriction, reservation, equitable servitude, grant, easement or setback line hereby imposed and created or any provision hereof or any part of such provision shall not impair or affect in any manner the validity, enforceability or effect of the remainder of this instrument. An acquiescence or failure to enforce any violation of the covenants, conditions, restrictions, reservations, equitable servitude's, grants or easements contained herein shall not be deemed to be a waiver of any of the other provisions of this document in any other instance. IN WITNESS WHEREOF, FORDHAM DEVELOPMENT COMPANY has caused these presents to be signed in its behalf by its Corporate Seal to be hereto attached, this day of , 1999. FORDHAM DEVELOPMENT COMPANY By: President Attest: Secretary Subscribed and Sworn to before me this day of , 1999. Notary Public Prepared by: Robert G. Higgins 150 S. Wacker Drive Suite 2900 Chicago, IL 60606 Exhibit "K" Z • P 6 ()Of1:13021 , 09 MANHOLE RIM 745,91 ONCRET AIM 74287 INV, 14096 INV/ la 0),