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O-824-94 11/10/94PL c }4595839 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HARPERS GROVE SUBDIVISION LEMONT, ILLINOIS TWTH THH�a DOCUMET r. IH. PREPARED BY AND MAIL TO: • R DEPT —01 RECORDING $15'i! • 145555 TRAM 7293 10/19/94 14:27: • 41473 i -.ice! ae "' 9 '!! — W:3 Z • COOK COUNTY RECORDER RICHARD J. SKRODZKI AND THOMAS P. RUSSIAN GOLDSTINE, SKRODZI(I, RUSSIAN, NEMEC AND HOFF, LTD. ATTORNEYS AT LAW 7660 WEST 62ND PLACE SUMMIT, ILLINOIS, 60501 PHONE: (708) 458 -1253 6C9SGSt's TABLE OF CONTENTS FOR DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HARPER'S GROVE SUBDIVISION LEMONT, ILLINOIS Article Page I Property Subject to Declaration 2 II General Purposes of Declaration 2 III General Restrictions 2 IV Architectural Control 10 V Homeowner's Association 12 VI General Provisions 14 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS HARPER'S GROVE SUBDIVISION LEMONT, ILLINOIS THIS by FIRST UNITED Trust Agreement 1654, hereinafter DECLARATION, made this 5th day of October, 1994, BANK, not personally but as Trustee under a dated October 12, 1993, and known as Trust No. referred to as "Declarant ". W I T N E S S E T H: WHEREAS, Declarant is the owner of the real property described in Article T of this Declaration and which legal description is attached hereto, marked Exhibit "A" and incorporated legally by reference (hereinafter referred to as either the "Real Property" or the "Subdivision "); and WHEREAS, Declarant is desirous of subjecting said Real Property to the conditions, covenants, restrictions, reservations and assessments hereinafter set forth, each and all of which is and are for the benefits of said Real Property and each owner thereof and shall inure to the benefit of and pass with said Real Property, and each and every parcel thereof; WHEREAS, Declarant has deemed it desirable, for the efficient maintenance of the values and amenities in said Real Property to create an agency which will be delegated and assigned the powers of maintaining and administering and enforcing the covenants and restrictions, which is hereafter called the "Association "; and NOW, THEREFORE, Declarant hereby declares that the Real Property described in and referred to in Article 1 and Exhibit "A" hereof is and shall be held, transferred, sold, conveyed and occupied subject to the conditions, covenants, restrictions, reservations and easements (sometimes hereinafter collectively referred to as "Covenants ") herein set forth. 1 ARTICLE I PROPERTY SUBJECT TO THIS DECLARATION The Real Property, which is and shall be held, transferred, sold, conveyed and occupied subject to the covenants set forth herein is located in Lemont, Illinois, and is more particularly described as follows, to -wit: Lots 1 through 25, inclusive, in Harper's Grove Subdivision, being. a Resubdivision of County Clerk's Division of Section 32, Township 37 North, Range 11, East of the Third Principal Meridian according to the Plat thereof recorded in the Recorder's Office of Cook County, Illinois, on April 30, 1880, as Document No. 269447 in Book 15 of Plats, Page 49. P.I.N. 27 -32 -102 -002 Common Address: 129th Street and State Street Lemont, Illinois 60439 ARTICLE II GENERAL PURPOSE OF THIS DECLARATION The Real Property is subject to the Covenants hereby declared to insure proper use and appropriate development and improvements of the Subdivision and every part thereof; to protect the owners of the property therein against such improper use of surrounding lots as may depreciate the values of their property; to guard against the erection thereon of buildings built of improper or unsuitable materials; to insure adequate and reasonable development of said property; to encourage the erection of attractive improvements thereon, with appropriate location thereof; to prevent haphazard and inharmonious improvements; to insure and maintain proper setbacks and street, and adequate free space between structures; and in general, to provide adequately for a residential area of the highest quality and character, and to provide for the installations of improvements and restrictions to comply with the conditions of approvals of the various governmental agencies. w1 ARTICLE III GENERAL RESTRICTIONS z Section 3.1. Land Use and Building Type. All lots in C. the Subdivision shall be used for private single family residences 2 only. No building, not specifically authorized in this Declaration, shall be erected, re- erected or maintained on any lot, except one (1) single family dwelling designed by a licensed Architect and erected for occupancy by one (1) family, with an integrally attached private garage containing no less than two (2) parking spaces for the sole use of the owners or occupants of the dwelling. No accessory buildings or other structures may be erected on any lot in the Subdivision except as hereinafter provided or as approved by the Architectural Control Committee (as hereinafter described), hereinafter referred to as "ACC ". Section 3.2. Utility and Drainaae Easements. Any easement that may hereinafter be reserved by Declarant in connection with a deed or conveyance and as designated on the Plat of Subdivision as "Public Utility and Drainage Easement" and all improvements therein shall be maintained continuously by the owner of the lot except for those improvements for which public authority or utility company is responsible or for which the Association is responsible as described in Section 5.2. There shall be no obstructions which shall change the drainage flow in the easement. No buildings or materials shall be placed or permitted to remain within any easement, except as may be permitted by the ACC, but the same may be landscaped and used for other purposes that do not interfere with the intended use of the easement. Section 3.3. Pedestrian Bridge and Pathway. Declarant shall be constructing a pedestrian bridge to connect the Subdivision to Emerald Drive with a bituminous pathway to be located within the ten (10') foot Ingress and Egress Easement located between Lots 10 and 11 in the Harper's Grove Plat of Subdivision recorded with the Cook County Recorder of Deeds as Document No. . Said pedestrian bridge and pathway is hereinafter referred to as the "Pedestrian Bridge ". Section 3.4. Building Heights. No building erected, altered or placed, which is more than two and (2 -1/2) stories or thirty (30) feet in height, whichever unless a greater height is approved in writing by the ACC, no event, shall the height be greater than thirty five (35' shall be one half is less, but, in feet. Section 3.5. Dwelling Quality and Size. It is the intention and purpose of these Covenants to assure that all dwellings shall be of a quality of design, workmanship and materials reasonably approved by the ACC. All dwellings shall be constructed in accordance with applicable governmental Building Codes and with more restrictive standards that may be required by the ACC. The finished floor area of the dwellings, exclusive of basements, attached garages and open terraces, shall be as follows, unless otherwise approved, in writing by the ACC: 3 A. For one (1) story dwellings, there shall be not less than 2,000 square feet of finished livable area; B. For dwellings not less than 2,400 square least 1,400 square feet floor; of more than one story, there shall be feet of finished livable area having at of which shall be located on the first C. For hillside dwellings, the minimum requirements above shall apply to the type of dwel the portion below the upper grade level shall not the minimum square foot requirement; and D. appearance appear to street. square foot ling, however, be included in The front elevation of the dwellings shall vary in from building to building so that no building shall be the same within both sides of an uninterrupted Section 3.6. ;Vocation on Lot. No dwelling or structure of any kind shall be located in the Public Utility and Drainage Easement described in Section 3.2. Tennis courts and swimming pools are permitted uses; however, neither shall be located within the twenty -five (25') foot front building line, within ten (10') feet of any property line or within any easement. Air conditioning equipment or any other equipment shall be located at the rear of and within the width of the dwelling to which the equipment is appurtenant. Section 3.7. Driveways. Access driveways and other paved areas for vehicular and pedestrian use on a lot, excluding decks and porches, shall be constructed with a hard surface of concrete, asphalt or paving bricks or blocks. Section 3.8. Restrictions on Home Occupancy. 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 family unit to a single family. Section 3.9. Noxious or Offensive noxious or offensive activity shall be carried premises within the Subdivision, nor shall thereon which may be or may become an annoyance neighborhood. Activity. No on, in or upon any anything be done or nuisance to the Section 3.10. Restrictions on Animals. The raising, breeding or maintaining of any bees, livestock, poultry or other animals of any kind is strictly prohibited, excepting therefrom a maximum of two (2) domesticated household pets such as dogs, cats 4 and birds housed only for non - breeding purposes. Exercise areas and enclosures shall be properly built and screened as approved in writing by the ACC and provided further that the same are otherwise in conformance with all applicable ordinances, rules and regulations of the appropriate governmental agencies. No animals shall be permitted to run loose. Any pets which cause objectionable noises or otherwise create a nuisance or inconvenience as determined by the Board of Directors of the Association shall be removed immediately. Section 3.11. Restrictions on Burning. No burning of refuse shall be permitted within the Subdivision except that burning of leaves and tree cuttings is permitted if allowed by the appropriate governmental regulations. Any such burning shall be constantly attended by an adult or under adult supervision until such burning is completed, and the resultant fire extinguished. Section 3.12. Restrictions on Vehicles,. No trucks, truck mounted campers, trailers, house trailers, boats, boat trailers, snowmobile, snowmobile trailers, campers, mobile homes, junk automobiles, dilapidated or disabled vehicles of any kind or other objectionable vehicles as determined by the Board of Directors of the Association shall be maintained, stored or parked on any driveway or parking area which may be in front of or adjacent to any part of any lot or on any dedicated or undedicated roadway in the Subdivision. However, any camper, trailer, house trailer, boat, boat trailer, mobile home, snowmobile or snowmobile trailer may be maintained on the premises if completely housed within a structure which has been approved by the ACC. No roadways shall be used for the habitual parking of private or commercial vehicles, boats or trailers. The term "commercial vehicles" shall include but not be limited to all automobiles, station wagons, vans, trucks, and vehicular equipment which shall bear signs or have printed on the sides thereof, references to any commercial undertaking or enterprise. The habitual violation of the parking regulations set forth in this paragraph shall be deemed a nuisance. Section 3.13. struction activities following limitations: A. than 7:00 Saturday, Sundays or Construction Activities. All con - shall be conducted in accordance with the Construction activities shall not commence earlier a.m. and shall terminate by dusk on Monday through inclusive. No construction activity is permitted on legal holidays; B. Access to the construction site from adjacent lots is not permitted. Prior to the commencement of construction, side and rear lot lines shall be staked with metal stakes and marked 5 r)"'Ll":.;Gf4PG with bright colored plastic so as to be clearly defined. All construction activity including any temporary stockpiling of dirt shall be confined to the respective lot; C. All construction equipment used in excavating and construction which is not rubber tired shall only be unloaded or loaded and operated behind the curbs and within the boundary lines of each respective lot where said excavating or construction is being performed; D. Subject to. weather conditions, the work of constructing, altering or remodeling a building on any said lot shall proceed diligently from its commencement and until the completion thereof. The complete exterior structure or shell, not including finished exterior wall material (i.e., brick, stone or other approved material), must be completed and erected and constructed within ninety (90) days after the date construction of any residence shall have been commenced. The exterior of every building shall be completed within six (6) months after the date of commencement of such building. The effect of this provision shall be require that on the exterior and from neighboring lots each such residence shall appear complete within said six (6) months; and E. The ACC shall have the right to establish other reasonable rules and regulations in connection with construction activities, which rules and regulations shall be enforceable as part of this Declaration. Section 3.14. Exterior Materials and Appearances. Face brick and /or stone finish material shall be used for the entire first floor elevation exterior surface of the structure with the exception of trim, unless otherwise approved by the ACC. Any item penetrating the roof or installed thereon, other than anodized sky -light frames, shall be painted the color of the roof. Section 3.15,. Underground Wiring. No line or wiring for communications or transmissions of electrical current or power shall be constructed, placed or permitted to be placed anywhere in the Subdivision other than within the buildings or structure or attached to their walls, unless the same shall be contained in conduits or approved cables constructed, placed and maintained underground. Section 3.16,. Antennas and Flaa Poles. A. Exterior radio, television, satellite dish antennas or saucers, solar collectors, wind generators or similar devices will not be permitted on any lot or improvements thereon in the Subdivision; and 6 B. Flag poles are permitted, provided the pole is of non - metallic material and is not more than twenty -five (25') feet in height, unless otherwise approved by the ACC. Section 3.17,. Temporary Structures. A. No trailer, basement or an uncompleted building, tent, shack, garage, barn, motorized home, temporary building or structure of any kind shall be used at any time for a residence, either temporary or permanent; and B. Trailers, mobile homes, temporary buildings or structures used during construction of a dwelling unit for material storage shall be on the same lot as the dwelling unit, and such trailer, mobile home, temporary building or structure shall be removed prior to the completion of the permanent building. Said trailer, mobile home, temporary building or structure must first be approved by the ACC. Section 3.18. Weed Control and Lawn Care. All owners of lots improved with a dwelling constructed thereon, shall be required to maintain a good and neat appearance of their property in regard to lawn mowing, weed control and good cultivating practices regarding ornamental plantings and all other areas of the lot. Owners of all other lots are required to keep the weeds cut between the first of May and the thirtieth of September of each year. In the event an owner fails to so maintain its lot, the Association, at its sole discretion, may mow the lot and place a lien of the property for all costs incurred. Section 3.19. Plant Disease or Noxious Insects. No plant or seeds or other things or conditions harboring or breeding infectious plant diseases or noxious insects shall be introduced or maintained upon any part of any lot in the Subdivision. Section 3.20. Snowmobiles and Motor Bikes. Snow- mobiles, motor bikes, mini bikes, go- carts, off road or dirt bikes or vehicles shall be restricted to ingress and egress only. No pleasure riding of said vehicles shall be permitted anywhere within the Subdivision. Section 3.2X. Maintenance of Road Parkways. The owners of lots in the Subdivision shall be responsible for the maintenance of the parkways in front and side of those lots located between their lot lines and the edge of the concrete curb and gutter. Owner shall install not less than two (2) two -inch (2 ") shade trees in the parkway within ninety (90) days after a Certificate of Occupancy issues. Section 3.Z2. Landscapina. It shall be the responsibility of each owner of each lot in the Subdivision who 7 constructs a dwelling thereon to properly landscape and maintain the lot including the parkway thereof. All ground area and areas not covered by buildings or appurtenances or site landscaping, shall be covered with grass, including the parkway. All existing trees shall be preserved where possible. Trees that are designated to be preserved shall be protected during construction . by surrounding the base of the tree with snow fence which shall remain in place until construction is completed. Grass coverings shall be installed as soon as reasonably possible after an occupancy certificate has been issued, but in no event later than six months after said .certificate is issued unless otherwise approved by the ACC and a deposit of one hundred twenty five (125 %) percent of the estimated cost of installation is deposited with the ACC. Plans for landscaping and grading improvements shall be submitted to the ACC for review and approval prior to the commencement of installation thereof. Section 3.23. Fences. No fences, walls or hedge will be allowed except to enclose the area surrounding an inground swimming pool as approved by the ACC. Section 3.24. Recreational Facilities. Above ground swimming pools are not permitted, except for temporary plastic or rubber pools not more than eighteen (18 ") inches high and seventy two (72 ") inches in diameter, intended for use of small children. Inground swimming pools shall be constructed with the top no higher than the top of the concrete foundation of the dwelling to which it is appurtenant. All structural parts of the pool must be below grade. The filtration equipment and pool heater shall be located at the rear of and within the width of the dwelling and shall be screened from view or may be located in the basement of the dwelling. Pool lighting may be by underwater lights and /or garden lights on standards no more than two (2') feet in height and designed to buffer surrounding residences from lighting. A free standing basketball backboard may be installed in the front yard as approved by the ACC. No platform, dog house, play house or structure of a similar kind or nature shall be constructed on any part of a lot in front of the rear line of the dwelling constructed thereon. Plans for any of the foregoing facilities in this section or any other facility must be submitted to and approved by the ACC in writing before application for a construction permit to the Building Department of Lemont, Illinois or any subsequent governmental authority. Section 3.25. Signs. Nameplates and Addresses. No signs of any kind shall be displayed to the public view on any lot except for the following: A. The exclusive sales agent for the original builder of a dwelling on any lot may place one commercially proposed sign not 8 more than three feet by two feet (3' X 2') in size advertising the property for sale; B. To display or place any sign of any character including "For Rent" or "For Sale" signs, is prohibited except that a sign displaying the word "Open ", not to exceed two (2') square feet may be displayed during any time the homeowner or his designated representative is in attendance and said house is actually open for inspection by the public; C. During the • course of original construction of improvements, the General Contractor may erect a construction sign not more than three feet by two feet (3' X 2') in size containing the name of the builder, the job or lot number and the phone number; D. All signs shall be removed not later than seven (7) days after the sale closing or substantial completion of construction whichever event shall last occur; E. There shall not be more than one (1) nameplate on each lot. A nameplate shall not be more than forty-eight (48 ") square inches in area and shall contain the name of the occupant. It shall be located on the door of the dwelling or on the wall adjacent thereto; and F. The Declarant is exempt from the provisions of this section. Section 3.26. Sales Offices and Models. Only the Declarant may maintain a business office, sales office and model buildings on the property. Except for the Declarant, a dwelling is to be built for sale only and may not be used as a model unit to encourage sales of other units. Section 3.27. Sidewalks and Damage to Sidewalks and mss. A. Owner shall, at Owner's expense, install a sidewalk to Village of Lemont specification across the full width of the lot prior to the Village of Lemont issuing a Certificate of Occupancy for a residence built upon said lot. In the event Owner fails to install said sidewalk, Declarant or the Association may install said sidewalk and lien the lot for the cost of materials and labor expended by Declarant or the Association, including legal fees and costs necessary to enforce said lien. B. In the event the Village of Lemont shall, within two (2) years after the issuance of a Certificate of Occupancy of a residence require the replacement or repair of curbing or 9 sidewalks in front of the lot, the Owner shall, at his own expense, repair or replace such sidewalk or curb in accordance with the requirements of the Village of Lemont. It shall be the responsibility of the Owner to prevent such damage from occurring by adequately protecting the curb and sidewalk during the construction of his home. In the event of the failure of the owner to make such repairs, Declarant or the Association shall have the right to file a lien for any costs or repairs he incurs. Section 3.28. Deviation by Agreement with Declarant. Declarant hereby reserves unto itself, the right to enter into agreements with the grantee of any parcel, lot or lots, without the consent of grantees of other lots or adjoining or adjacent property, to deviate from any or all of the Covenants set forth herein, and any such deviation, which shall be manifested by an agreement in writing, shall not constitute a waiver of any such Covenants as to the remaining Real Property. ARTICLE IV ARCHITIECTDRAL CONTROL Section 4.1. Purpose. It is understood and agreed that the purpose of architectural control is to achieve an attractive, harmonious residential development having continual appeal. No building, fence, wall, pier, mail box, swimming pool or other structure or improvement shall be commenced, erected or maintained, nor shall any additions to or alterations thereon be made except interior alterations, nor shall any land contours be changed, until the construction plans and specifications, color schemes, location on lot, final lot grade and approximate cost of such building and appurtenances or other structure or improvement, and the grading plan or landscape plan as required, of the lot to be built upon, shall have been submitted and approved in writing, by the ACC. Section 4.2. Suitability of Construction Plans. The ACC shall have the right to refuse to approve any such construction plans or specifications, grading plans and /or landscaping plans, etc., which are not suitable or desirable in the opinion of the ACC, for aesthetic or other reasons, and in so passing upon such construction plans and specifications, grading plan and /or landscaping plan, the ACC shall have the right to take into account the suitability of the proposed building or other structure with the surroundings and the effect of the building or other structure on the outlook from adjacent or neighboring properties. Section 4.3. No Similar Designs. In no instance shall a building of a design substantially the same as another on the Real Property be permitted except as approved by the ACC. 10 Section 4.4. Basis of Approval of the Committee. All plans, specifications, and related documents required hereunder shall be filed with the ACC prior to application to Lemont, Illinois, for building permits. A report in writing setting forth the decision of the ACC, and the reasons therefor, shall thereafter be transmitted to the applicant by the ACC within thirty (30) days after the date of filing the plans, specifi- cations and other material by the applicant. In the event the ACC fails to approve or disapprove within thirty (30) days after receiving the final plans, specifications or other material as required in this Declaration, approval shall not be required, and the requirements of this Section 4.4 shall be deemed to be complied with. Section 4.5. Fees. A fee of TWO HUNDRED & 00 /100 ($200.00) DOLLARS may be charged for each initial architectural review of dwelling site, landscaping plans and specifications or plans for any other improvements on the Real Property. If approved, the ACC will issue a letter of approval subject to minor changes, if any, to be made. If the plans and specifications require more than minor corrections and must be resubmitted for review, a fee of SEVENTY FIVE.& 00 /100 ($75.00) DOLLARS may be charged for each subsequent review. If the plans and specifications are inconsistent with these Covenants and cannot be corrected, the ACC will issue a letter of disapproval giving the reason therefor in accordance with Section 4.5 herein. At any time new plans and specifications are submitted for review, regardless of approval or disapproval of prior submission, an initial fee of TWO HUNDRED & 00 /100 ($200.00) DOLLARS and the corresponding resubmission fee of SEVENTY FIVE & 00 /100 ($75.00) DOLLARS may be charged. These fees are subject to change by the ACC at any time without notice. Section 4.6. Membership of ACC. The ACC shall consist of the President of Mallard Development Company until the first to occur of the following events: A. All lots in the Subdivision have been sold by the Declarant and a dwelling unit constructed on each lot; or B. The President of Mallard Development Company notifies the Association that it is turning architectural control over to the Association. Upon the first to occur of these events, the ACC shall be comprised of three (3) members, one of whom must be a member of the Association. 11 ARTICLE V HOMEOWNER'S ASSOCIATION Section 5.1. Membership,. Every owner of every lot shall be a member of the Homeowner's Association, hereinabove and hereinafter referred to as "Association ". Membership shall be appurtenant to and not be separate from ownership of any lot. Each member shall be entitled to one (1) vote for each lot owned. Section 5.2. Maintenance of Detention Area and Pede- strian Bridae. The Owners of Lots 5, 6 and 7, as depicted on the Plat of Subdivision, shall be responsible for and provide all landscaping and maintenance of said landscaping for the detention area located within the Public Utility and Drainage Easement shown on the Plat of Subdivision. Said maintenance shall include, but not be limited to, grass cutting, shrub and tree care and debris removal. Any sewer structures within the detention area shall be maintained by the Village. The Association shall maintain the Pedestrian Bridge located between Lots 10 and 11. The Owners of Lots 4, 7, 8, 9, 10 and 11 shall provide access to the Association and Village to the detention area and Pedestrian Bridge, as the case may be. Section 5.3. Assessments. The Association shall have the right to charge assessments for the expenses of maintaining the Association, the Detention Easement, the Bridge as well as the administration and enforcement of this Declaration. The Assessments shall be ONE HUNDRED & 00 /100 ($100.00) DOLLARS per year until the Declarant turns over the Association to the Owners. Declarant, however, is exempt from payment of any assessment. The Association shall have the power to raise and the responsibility for raising, by assessment or otherwise, any sums required to discharge its obligations under this Declaration; provided, however, that except for the rights of any indemnities described in Article VI, no provision of this Article V shall be deemed to confer any third party beneficiary rights including, but not limited to, any right of subrogation upon any insurer providing liability insurance to the members of the Association and provided further that the obligation of any Owner to pay his share of any liabilities arising out of any contract made by, or other acts of, Association members, Declarant or any employees or ,, officers of the Declarant acting on behalf of the Owners or the Association, or out of the indemnity provisions of Article VI, shall be limited to the Owners proportionate share of same. Every agreement made by the Association members, Declarant, or any employee or officer of the Declarant, acting on behalf of the Owners or the Association, shall be deemed to have incorporated C„ 12 therein a provision that the members, Declarant, or the employee or officer of the Declarant, as the case may be, are acting only as agents for the Owners or the Association. The indemnification provided by Article VI shall not be deemed exclusive of any other rights to which those seeking indemnification may be entitled under any statute or agreement. Such right to indemnification shall continue as to a person or entity who has ceased to be Declarant or any employee or officer of the Declarant, thirty (30) days after notice of an assessment, each Owner shall pay his proportionate share of the assessment. Section 5.4. Late Charges and Intere *t. If any assessment is not paid within thirty (30) days after the written demand by the Association, the Association may charge the defaulting Owner a late charge of TWENTY & 00/100 ($20.00) DOLLARS or TEN (10 %) PERCENT of the assessment, whichever is greater, plus interest at the rate of EIGHTEEN (18 %) PERCENT per annum from the due date until paid. Section 5.5. Lien for Assessments. The Association has a lien on each lot for unpaid assessments owed to the Association by the Owner for fees and costs incurred by the Association incident to the collection of the assessment or enforcement of the lien. The lien is effective from and after recording a claim of lien in the office of the Cook County Recorder of Deeds, stating the description of the lot, the name of the Owner, if known, and the amount due as of the recording of the claim of lien. A recorded claim of lien shall secure all sums set forth in the claim of lien, together with all assessments or other monies owed to the Association by the Owner until the lien is satisfied. The lien is in effect until all sums secured by it have been fully paid or until the lien is barred by law. The claim of lien must be signed and acknowledged by a member of the Association. Upon payment in full of sums secured by the lien, the person making the payment is entitled to a satisfaction of the lien. Section 5.6. Duties and Powers. In addition to the duties and powers inherently charged to and possessed by the Association and the duties and powers enumerated herein and in the By -Laws, or elsewhere provided for, and without limiting the generality of the same, the Association shall have power to enforce, by any proceeding at law or in equity, all covenants, conditions, easements, and restrictions imposed by the provisions of this Declaration. Failure by the Association or any Owner to enforce any provision, herein contained, shall not be deemed a waiver of the right to do so thereafter. 13 ARTICLE VI GENERAL PROVISIONS Section tj.l. Duration. The Covenants shall run with and bind the Real Property and shall be binding as set forth in Section 6.2 for the initial term of twenty five (25) years from the date this Declaration is recorded, after which time said Covenants shall be automatically extended for successive periods of twenty five (25) years. Section 6.2. Binding Nature of Covenants. The Covenants shall run with the land and bind the Declarant, its successors, grantees and assigns, and all parties claiming by, through or under them. In addition, the term "Declarant" shall include the beneficiary of Declarant. ection 6.3. Enforcement of Covenants. The following provisions shall apply to the enforcement of the Covenants: A. Declarant, the ACC, the Association, or any owner may proceed at law or in equity to prevent the violation of the Covenants; B. Declarant, the ACC, the Association, or any owner of any lot(s) within the Subdivision shall, from time to time, have the right, jointly and separately, to sue for and obtain a prohibitive or mandatory injunction to prevent the breach of, or to enforce the observance of, the Covenants in addition to the right to bring an ordinary legal action for damages. Whenever there shall have been any violation of the Covenants for a period of thirty (30) days after receipt of written notice of such violation from the ACC and /or the Association to the owner of such lot, the ACC and /or the Association shall have, in addition to the foregoing rights, the right to enter upon the property where such violation exists and summarily abate or remove the same at the expense of the owner and such entry and abatement or removal shall not be deemed a trespass; C. In the event of any default by an owner in the performance of his obligations under this Declaration or the rules and regulations of the Association, the Board of Directors of the Association or its agents shall have such rights and remedies, including the right to maintain an action for possession against CJ such defaulting owner for the benefit of all other owners in the same manner prescribed in Chapter 735 of the Illinois Compiled Statutes, Section 5/9-111; D. The result of every action or omission whereby the Lj Covenants are violated in whole or in part is hereby declared to 14 be and to constitute a nuisance, and every remedy allowed by law or equity against any owner, lessee, licensee or occupant shall be applicable in respect to every such result and may be exercised by Declarant, the ACC, the Association or any owner to whose benefit these protective covenants inure; E. No delay or failure on the part of an aggrieved party to invoke any available remedy in respect to a violation of any of the Covenants shall be held to be a waiver by that party of (or an estoppel of that party to assert) any right available to him upon the recurrence or continuance of said violation or the occurrence of a different violation, nor shall there be construed upon Declarant, the ACC, or the Association a duty to take any action to enforce the Covenants; F. The owner of a lot will pay all costs and expenses, including attorney's fees, incurred by the Declarant, the ACC, the Association or another lot owner in enforcing any of the covenants of this Declaration, and all such costs, expenses and attorney's fees may be included in and form a part of any judgment entered in any proceeding against an owner under this Declaration; and G. The remedies hereby specified are cumulative, and this specification shall not be deemed to preclude any aggrieved person's resort to any other remedy at law, in equity or under any statute. Section 6.4. Termination and Modification. This Declaration, or any provisions hereof, or any protective covenants contained herein, may be terminated, extended, modified or amended, with the written consent of the owners of seventy -five (75 %) per cent of the owners of the lots in the Real Property; provided, however, that each such termination, extension, modification or amendment shall apply uniformly to all the lots; and further provided, however, that so long as the Declarant owns any of the lots, no such termination, extension, modification or amendment shall be effective without the written approval of the Declarant. No such termination, extension, modification or amendment shall be effective until a written instrument setting forth the terms thereof has been executed by the owners of seventy -five (75%) per cent of the lots and recorded in Cook County, Illinois. Section 6.5. Subordination of Lien. All Covenants and ;,D other provisions herein set forth shall be subject to and subordinate to all mortgages or deeds in trust in the nature of a mortgage now or hereafter executed, encumbering any lot(s) in the r; Real Property and none of said Covenants, liens or other provisions shall supercede or in any way reduce the security or affect the validity of any such mortgage or deed in trust in the 15 nature of a mortgage. However, if any such property is acquired in lieu of foreclosure, or if sold under foreclosure of any mortgage or under the provisions of any deed in trust in the nature of a mortgage or under any judicial sale, any purchaser at such sale, his grantees, heirs, personal representatives, successors or assigns shall hold any and all such property so purchased or acquired subject to all the Covenants and other provisions of this Declaration. This Section may not be amended, modified or rescinded without the prior written consent of all lienholders. Section 6,6. Invalidity of a Covenant. If a court of competent jurisdiction shall hold invalid or unenforceable any part of any Covenant or provision contained in this Declaration, such holding shall not impair, invalidate or otherwise affect the remainder of this Declaration which shall remain in full force and effect. Section 6.7. Liability. Neither Declarant, the ACC or the Association nor any member thereof nor any agent of Declarant, the ACC, or the Association shall be liable for any damage, loss or prejudice suffered or claimed by any lot owner who submits such plan (and such person or entity who submits such plans shall hold the Declarant, the ACC or the Association, the members thereof and the agents of each harmless from all damage, loss or prejudice suffered or claimed by any third party) on account of: (a) any defects in any plans or specifications submitted, revised or approved in accordance with the foregoing provisions, nor for any structural or other defects in any work done according to such plans and specifications; (b) the approval or disapproval of any plans, drawings and specifications, whether or not defective; (c) the construction or performance of any work, whether or not pursuant to approved plans, drawings and specifications; and (d) the development of any real estate within the Property. Further, the approval or disapproval of any plans, drawings or specifi- cations by the ACC shall in no event be construed to replace or diminish the need to secure other governmental reviews, approvals and /or permits. Section 6.8. Indemnity of the ACC and the Association. The owner(s), the ACC and the Association shall indemnify and hold harmless each of its members and the Declarant and the employees and officers of the Declarant, against all contractual and other liabilities arising out of contracts made by or other acts of such members, or Declarant or employees or officers of the Declarant acting on behalf of the owners, the ACC or the Association, unless any such contract or act shall have been made fraudulently or with gross negligence or criminal intent. It is intended that the foregoing indemnification shall include indemnification against all costs and expenses (including, but not limited to, 16 attorneys' fees and expenses, amount of judgments paid and amounts paid in settlement) reasonably incurred in connection with the defense of any claim, action, suit or proceeding, whether civil, with the defense of any claim, action, suit or proceeding, whether civil, criminal, administrative or other, in which any such member, Declarant or employee or officer of the Declarant, may be involved by virtue of such person or persons being or having been such member or by virtue of Declarant or any employee or officer of the Declarant acting on behalf of the owners, the ACC or the Association, provided, however, that such indemnity shall not be operative with respect to. any matter as to which such person shall have been finally adjudged in such action, suit or proceeding to be liable for gross negligence or fraud in the performance of his duties as member, or as Declarant or employee or officer of Declarant. Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the Association in advance of the final disposition of such action, suit, or proceeding as authorized by the Association in the specific case. $ectjon 6.9. No Subdivision of Lots. No recorded lot or lots can be divided, changed or resubdivided, unless approved in writing by the ACC, upon review of practical difficulties or particular hardships evidenced by the lot owner. Section 6.10. Right to Re- Register Plat. Declarant reserves the right to re- register any Plat of Subdivision of the property to correct any inaccuracies, errors or mistakes contained therein and to grant easements at any time hereafter over, under, along and in any portion of the lots for the purpose of providing drainage or utility services. Section 6.13,. Conflict with Village of Lemont Ordinances. In the event there is at any time a conflict between any provision of this Declaration, and any provisions of any then effective ordinance, rule or regulation of Lemont, Illinois, the ordinance, rule or regulation of Lemont, Illinois, shall prevail, but only to the extent that it is more restrictive than this Declaration. Section 6.12. Paragraph Headings. Paragraph headings, where used herein, are inserted for convenience only and are not intended to be a part of this Declaration or in any way to define, limit or describe the scope and intent of the particular paragraphs to which they refer. Section 6.13. Governing Law. This Declaration and the By -Laws shall be construed and enforced in accordance with the laws of the State of Illinois. 17 Section 6.14. Notices. Notices provided for in the Declaration shall be in writing and shall be served personally or by certiried mail, return receipt requested, to the respective parties as follows: A. To the Declarant, the ACC and the Homeowner's Association: c/o Mallard Development Company 14519 Country Club Lane Orland Park, Illinois 60462 Attention: Michael J. Harper, President WITH COPY TO: First United Bank, as Trustee under Trust No. 1654 700 Exchange Street Crete, Illinois 60417 B. To any lot owner at the address appearing on the last available tax records at the office of the Cook County Collector; C. The Declarant, the ACC, the Association, or lot owner may designate a different address or addresses for notice to them, respectively, by given written notice of such change of address to all lots owners, the Declarant, the ACC and the Association. This Declaration is executed by FIRST UNITED BANK, as Trustee as aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee (and FIRST UNITED BANK hereby warrants that it possesses full power and authority to execute this instrument). It is expressly understood and agreed by every person, firm or corporation hereafter claiming any interest under this Declaration that FIRST UNITED BANK, as Trustee as aforesaid, and not personally, has joined in the execution of this Declaration for the sole purpose of subjecting the title holding interest and the trust estate under said Trust No. 1654 to the terms of this Declaration; that any and all obligations, duties, covenants and agreements of every nature herein set forth by FIRST UNITED BANK, as Trustee as aforesaid, to be kept or performed, are intended to be kept, performed and discharged by the beneficiaries under said Trust No. 1654 or their successors, and not by FIRST UNITED BANK, either personally or as such w Trustee, to sequester trust assets, rentals, avails or proceeds of „: any kind or otherwise to see to the fulfillment or discharge of ;Or any obligations, express or implied, arising under the terms of 18 this Declaration, except where said Trustee is acting pursuant to direction, as provided by the terms of said Trust No. 1654 and after the Trustee has first been supplied. with funds required for the purpose. In the event of conflict between the terms of this paragraph and of the remainder of this Declaration on any questions of apparent liability or obligation resting upon said Trustee, the exculpatory provision hereof shall be controlling. FIRST UNITED BANK, as Trustee as aforesaid and not individually STATE OF ILLINOIS ) SS. COUNTY OF C 0 0 K ) I, the undersigned, a Notary Public in and for the County and State aforesaid B0 HEREBY CERTIFY that the above -named `'�� .��K- - /...... , , ., ' , . I/Pres ident and ti es..•.• F.,.• e rsr1, ,---11..1" V= Secretary of the Declarant, personally known to me to be the same persons wipe names are subscribed to the oregoing instrument as such 4.!-.4 President and -1' -,--- Secretary 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 company for the uses and purposes therein set forth; and the said Secretary then and there acknowledged that said _ Secretary, as custodian of the corporate seal of said Company, cause the corporate seal of said company to be affixed to said instrument as said Secretary's own free and voluntary act and as the free and voluntary act of said company for the uses and purposes therein set forth. Given under my hand and Notarial Seal t of Ee- f7f2t ., 1994. My Commission Expires: "OFFICIAL SEAL" JOSEPH E. IMGRUET Notary Public. State of Illinois My Commission Expires 8 -2.98 dt-/e 19 No a jtlblic •w g4(47Q381 FIRST AMENDMENT TO DECLARATION FOR HARPER'S GROVE TOWNHOMES OF LEMONT LEMONT, ILLINOIS MALLARD DEVELOPMENT CO. DEVELOPERS PREPARED BY AND MAIL TO: SE=T -%, i''; °E ° ": . T 4 2 2 2 2 rr.y • o 1 0 7 11/15/94 15:9_ CJ : (12 .,„ ▪ ;4717 'r . — 95.. --9 -; °:;- iti.'• • co C.r t.atiN re RECORDER RICHARD J. SKRODZEI AND THOMAS P. RUSSIAN GOLDSTINE, SKRODZKI, RUSSIAN, NEMEC AND HOFF, LTD. ATTORNEYS AT LAW 7660 WEST 62ND PLACE SUMMIT, ILLINOIS 60501 PHONE: (708) 458 --1253 • FIRST AMENDMENT TO DECLARATION FOR THE HARPER'S GROVE TQWNHOMES OF LEMONT THIS FIRST AMENDMENT TO DECLARATION is made by FIRST UNITED BANK, as Trustee under Trust Agreement dated October 12, 1993, and known as Trust No. 1654 ("Trustee "). RECITALS WHEREAS, Trustee previously recorded on October 19, 1994, in the office of the Cook County Recorder of Deeds as Document No. 94895838, that certain Declaration for the Harper's Grove Townhomes of Lemont, executed by Trustee on October 13, 1994 (the "Declaration "); and WHEREAS, the legal description which legally described the real estate covered by the Declaration and set forth on Exhibit "A" attached to the Declaration contained a typographical error in that the Harper's Grove Townhome Plat of Resubdivision, recorded October 19, 1994, as Document No. 94895838, contained 72 lots and not 71 lots; and WHEREAS, Section 11.01(iii) of the Declaration authorizes Trustee to amend the Declaration to correct typographical errors. NOW, THEREFORE, the Trustee does hereby amend the Declaration as follows: 1. Amendment. The legal description of the Parcel or Development Area as shown on Exhibit "A" of the Declaration is hereby amended to include Lots 1 through 72, inclusive, in Harper's Grove Townhomes, the amended legal description to read as set forth on the Exhibit "A," attached hereto and incorporated herein by reference. 2. No Further Amendment. Except as expressly set forth in this First Amendment, the Declaration shall remain in full force and effect in accordance with its terms. 3. Trustee Exculpation. Anything herein to the contrary notwithstanding, each and all of the representations, covenants, undertakings, warranties and agreements herein made on the part of the Trustee while in form purporting to be the representations, covenants, undertakings, warranties, and agreements of said Trustee are nevertheless, each and every one of them, made and intended not as personal representations, covenants, undertakings, warranties and agreements by the Trustee or for the purpose or with the 1 T9CO CtG • • intention of binding said Trustee but are made and intended solely in the exercise of the powers conferred upon it as Trustee; and that no personal liability or personal responsibility is assumed by or be enforceable against Trustee on account of this Declaration or any representation, covenant, undertaking, warranty, or agreement of the said Trustee in this Declaration contained, either express or implied. The Trustee makes no personal representations as nor shall it be responsible for the existence, location or maintenance of the chattels herein described, if any. DATED: ATTEST: eet,44%e2r614...1.0101c:--- Its: Assisknt Vice President , 1994 TRUSTEE: FIRST UNITED BANK, as Trustee aforesaid Byjy-‘,./0";e0„.? Its: 41 /� Sen or ce �'rdsident STATE OF ILLINOIS ) S.S. COUNTY OF C 0 0 K ) I, the undersigned , a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that W. Anthonv Kopp and Marilyn Carlsson Trust Officer andAsst Vice Pres. Rmozatemy, respectively, of FIRST UNITED BANK, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and Notarial seal this 10th day of November , 1994. "OFFICIAL SEAL." Roselle Sharpies Notify Public, Stale of Illinois M ' l .aitl itilon Warm 031141 2 Notary Public QD GD EXHIBIT "A" TO FIRST AMENDMENT TO DECLARATION FOR THE HARPER'S GROVE TOWNHOMES OF LEMONT The Development Area or Parcel LOTS 1 THROUGH 72, INCLUSIVE, IN HARPER'S GROVE TOWNHOMES, BEING A RESUBDIVISION OF PART OF LOT 16 OF COUNTY CLERK'S DIVISION OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED IN THE RECORDER'S OFFICE OF COOK COUNTY, ILLINOIS, ON APRIL 30, 1880, AS DOCUMENT NO. 269447, IN BOOK 15 OF PLATS, PAGE 49, ALL IN COOK COUNTY, ILLINOIS. P.I.N. 27 -32 -102 -002 Common Address: 129th Street and State Street Lemont, Illinois 60439 5.11 COMPENSATION/REIMBURSEMENT FOR EXVENSES: No Director shall be compensated by the Residential Association for services rendered to the Residential Association, except as expressly provided in a resolution duly adopted by the Voting Members. Upon the presentation of receipts or other appropriate documentation, a Director shall be reimbursed by the Residential Association for reasonable out -of- pocket expenses incurred in the course of the performance of his duties as a Director. 5.12 REMOVAL OR RESIGNATI.ON OF DIRECTOR: Any Director may be removed from office, with or without cause, by action of the Voting Members at any annual meeting or at a special meeting called for such purpose. Any Director whose removal has been proposed by the Owners shall be given an opportunity to be heard at the meeting. Any Director may resign at any time by submitting his written resignation to the Board. If a Director ceases to be an Owner or a Voting Member, he shall be deemed to have resigned as of the date of such cessation. A successor to fill the unexpired term of a Director who resigns or is removed may be appointed by a majority of the remaining Directors at any regular meeting or at any special meeting called for such purpose and any successor so appointed shall serve the balance of his predecessor's term. 5.13 POWERS AND DUTIES OF THE BOARD: The Board shall have all of the powers and duties granted to it or imposed upon it by the Declaration, these By -Laws, and the Illinois General Not - For - Profit Corporation Act, including, without limitation, the following powers and duties: A. To procure insurance as provided for in the Declaration. B. To engage the services of a manager or managing 'agent to assist the Residential Association in performing and providing such services as the Residential Association is required to provide to its members under the Declaration. C. To provide for the designation, hiring and removal of such employees and such other personnel, including attorneys and accountants, as the Board may, in its discretion, deem necessary or proper for the effective administration of the Residential Association. D. To provide for any maintenance, repair, alteration, addition, improvement or replacement of the Community Area for which the Residential Association is responsible under the Declaration and these By -Laws. E. To estimate and provide each Owner with an annual budget showing as provided for in the Declaration. 6 EXHIBIT "B" PAGE 6 OF 11 F. To set, give notice of, and collect assessments from the Owners as provided in the Declaration. G. To pay the Townhome Expenses. H. To adopt rules and regulations as provided in the Declaration. I. To delegate the exercise of its power to committees appointed pursuant to Section 7.01 of these 8y -Laws. J. To own, convey, encumber, lease, or otherwise deal with Dwelling Units or other real property conveyed to or purchased by the Residential Association. K. To keep detailed, accurate records of the receipts and expenditures affecting the use and operation of the Development. ARTICLE VI OFFICERS 6.01 OFFICERS: The officers of the Residential Association shall be a President, one or more Vice Presidents, a Secretary, a Treasurer and such assistants to such officers as the Board may deem appropriate. All officers shall be elected at each annual meeting of the Board and shall hold office at the discretion of the Board. Officers may succeed themselves in office. The President, Secretary and Treasurer shall be Directors and all other officers may, but need not be, Directors. 6.02 VACANCY OR O 'FICF: Any officer may be removed at any meeting of the Board by the affirmative vote of the majority of the Directors in office, either with or without cause, and any vacancy in any office may be filled by the Board at any meeting thereof. 6.03 POWERS OF OFFICERS: The respective officers of the Residential Association shall have such powers and duties as are from time to time prescribed by the Board and as are usually vested in such officers of an Illinois Not - For - Profit Corporation including, without limitation, the following: A. The President shall be the Chief Executive Officer of the Residential Association and shall preside at all meetings of the Owners and at all meetings of the Board and shall execute amendments to the Declaration and these By -Laws. 7 EXHIBIT "B" PAGE 7 OF 11 B. The Vice President shall, in the absence or the disability of the President, perform the duties and exercise the powers of such office and other duties assigned by the Board. If neither the President nor the Vice President is able to act, the Board shall appoint some other member of the Board to act in the capacity of President on an interim basis. C. The Secretary shall keep minutes of all meetings of the Owners and of the Board and shall have custody of the Residential Association Seal and have charge of such other books, papers and documents as the Board may prescribe, and shall be responsible for, giving and receiving all notices to be given to or by the Residential Association under the Declaration or these By -Laws. D. The Treasurer shall be responsible for Residential Association funds and securities and for keeping full and accurate accounts of all receipts and disbursements in the - Residential Association books of accounts kept for such purpose. The Treasurer shall be responsible for the deposit of all monies and other valuable effects in the name, and to the credit, of the Residential Association in such depositories as may from time to time be designated by the Board. 6.04 OFFICERS' COMPENSATION: The officers shall receive no compensation for their services except as expressly provided by a resolution duly adopted by the Voting Members. ARTICLE VII COMMITTEES DESIGNATED BY BOARD 7.01 BOARD COMMITTEES: The Board, by resolution adopted -by a majority of the Directors in office, may designate one or more committees, each of which shall consist of two or more Directors, which committees, to the extent consistent with law and as provided in said resolution, shall have and exercise the authority of the Board in the management of the Residential Association; but the designation of such committees and delegation thereof of authority shall not operate to relieve the Board, or any individual Director, of any responsibility imposed upon it or him by law. 7.02 SPECIAL COMMITTEES: Other committees not having and exercising the authority of the Board in the management of the Residential Association may be designated by a resolution adopted by a majority of the Directors present at a meeting at which a quorum is present. Except as otherwise provided in such resolution, members of each such committee shall be Owners and 8 EXHIBIT "B" PAGE 8 OF 11 the President of the Association shall appoint the members thereof. Any member thereof may be removed by the person or persons authorized to appoint such member whenever in their judgment the best interests of the Residential Association shall be served by such removal. 7.03 M: Each member of a committee shall continue as such until the next annual meeting of the Board and until his successor is appointed, unless the committee shall be sooner terminated, or unless such member shall be removed from such committee, or unless such member shall cease to qualify as a member thereof. 7.04 CHAIRMAN: One member of each committee shall be appointed chairman. 7.05 VACANCIES: Vacancies in the membership of any committee may be filled by appointments made in the same manner • as provided in the case of the original appointments. 7.06 QUORUM: Unless otherwise provided in the resolution of the Board designating a committee, a majority of the whole committee shall constitute a quorum and the act of a majority of the members present at a meeting at which a quorum is present shall be the act of the committee. 7.07 RULES: Each committee may adopt rules for its own government not inconsistent with the Declaration, these By -Laws or with rules adopted by the Board. ARTICLE VIII INSTRUME TS . CHECKS. DEPOSITS AND FUJ DS 8.01 EXECUTION OF INSTRUMENTS: The Board may authorize any officer or officers, agent or agents of the Residential Association, in addition to the officers so authorized by these By- Laws, to enter into any contract or execute and deliver any instrument (including amendments to the Declaration or these By -Laws which must be executed by the Residential Association) in the name of and on behalf of the Residential Association and such authority may be general or confined to specific instances. In the absence of any such authorization by the Board, any such contract or instrument shall be executed by the President or a Vice President and attested to by the Secretary or an Assistant Secretary of the Residential Association. 8.02 PAYMENTS: All checks, drafts, vouchers or other orders for the payment of money, notes or other evidences of 9 EXHIBIT "B" PAGE 9 OF 11 indebtedness issued in the name of the Residential Association shall be signed by such officer or officers, agent or agents of the Residential Association, and in such manner as shall from time to time be determined by resolution of the Board. In the absence of such determination by the Board such instruments shall be signed by the Treasurer or an Assistant Treasurer and countersigned by the President or a Vice President of the Residential Association. 8.03 BANK ACSOONTS: All funds of the Residential Association not otherwise employed shall be deposited from time to time to the credit .of the Residential Association in such banks, trust companies or other depositaries as the Board shall elect. 8.04 SPECIAL RECEIPTS: The Board may accept on behalf of the Residential Association any contribution, gift, bequest, or devise for the general purposes or for any special purpose of the Residential Association. ARTICLE IX FISCAL MANAGEMENT 9.01 FISCAL YEAR: The fiscal year of the Residential Association shall be determined by the Board and may be changed from time to time as the Board deems advisable. 9.02 ANNtTAL STATE. E T: Within a reasonable time after the close of each fiscal year, the Board shall furnish each Owner with an itemized accounting of the Townhome Expenses for such fiscal year actually incurred and paid, together with a tabulation of the amounts collected pursuant to the Annual Assessment budget, and showing the net excess or deficit of income over expenditures plus reserves. 9.03 ASSESSMENT PROCEDURE: Annual assessments and special assessments shall be made and collected as provided in Article Six of the Declaration, and the provisions of Article Six are incorporated herein by reference. ARTICLE X BOORS AND RECORDS The Residential Association shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its members, the Board, and 10 EXHIBIT "B" PAGE 10 OF 11 committees having any of the authority of the Board, and shall keep at the registered or principal office of the Residential Association a record giving the names and addresses of the members. All books and records of the Association may be inspected by any Owner, or his agent, mortgagee or attorney, for any proper purpose at any reasonable time. ARTICLE XI SEAT, The Board may provide for a corporate seal which shall be in the form of a circle and shall have inscribed thereon the names of the Residential Association and the words "Corporate Seal, Illinois." ARTICLE XII tea= These By -Laws may be amended or modified at any time, or from time to time in the same manner as provided in Section 11.02 of the Declaration; provided, that no provision of these By -Law may be amended or modified so as to conflict with the provisions of the Declaration or the Act. These By -Laws may also be amended by the Developer for the purposes and by the procedure set forth in Section 12.01 of the Declaration. No amendment to these By -Laws shall become effective until Recorded. • 11 EXHIBIT "B" PAGE 11 OF 11 � JOB NO. 93045 �TTLINE OFTHE NMO RTM E N R LOT 4 IN COUNTY CL ALSO THE EAST LINE AS OCa1MD EAST LINE OF T OF THE SOUTFE= NORTKST QkiAi 'J!- yr- ii ALSO T LOT KIN COUNTY A_ L$N THE tAST P4-1 AS CTION LIM OF DIVISION RALD ACRES 27 26 TECH 3 CONSULTING GROUP, INC. ENGINEERS SIMVfV00.5 GL/UVIVERS 1395 C MAIN STIIEET CIIETE , ILLINOIS (708) 672-4994 PLAT OF ANNEXATION TO THE VILLAGE OF LEMONT COOK COUNTY, ILLINOIS LOT 16 OF COUNTY CLERK'S DIVISION OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED IN RECORDER'S OFFICE IN COOK COUNTY, ILLINOIS ON APRIL 30, 1880 AS DOCUMENT NO. 269447 IN BOOK 15 OF PLATS, PAGE 49. ALSO ALL OF EVERY HIGHWAY WITHIN THE ABOVE DESCRIBED REAL ESTATE AND ANY HIGHWAYS OR PARTS OR HIGHWAYS ADJACENT TO THE ABOVE DESCRIBED REAL ESTATE NOT LOCATED WITHIN A MUNICIPALITY. EMERALD LIMITS OF THE — ACRES VILLAGE OF LEMONT 28 29 30 31 NSCALE: I -N 25 24 SHANK CT. 20 S T .05 F THE NORTH SOUTHEAST THE NORTHWEST SECTION SL -37- I I 8 130 th PL. 0 0 9 0 1 19 J 4 OL 10 0 18 SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 32 -37 -11 ALSO THE SOUTH LINE OF LOT 16 IN COUNTY CLERKS DIVISION EAST LINE OF THE NORTHWEST QUARTER OF SECTION 32 -37 -11 STATE OF I LUHOIS) SS COUNTY OF COOK ) THIS DOES NOT ROOM THE COUNTY CLOVE'S ENOONSERENT N=::= • OOCTION S14 COWIIiN ISO MONK K LAW OF DATE COUNTY CIE 3 -9 -94 V IILLAGE OF UNIOONT THE PROPERTY SHORN ON THE ATTACHED PLAT OF ANMEXATIOIsI IS IDENTIFIED AS THAT I N ORATED AND MADE A PART OF THE VILLAGE OF LEMONT BY ORDINANCE NO. AOIiPTED BY THE VILLAGE tOAARO OF LEMONT. COOK COUNTY, 1" THIS ZYfi. DAY OF . 0.0114 $ c jy ATTEST: ER K 1404. yibinure STATE OF ILLINOIS ) ) SS COUNTY OF WILL TECH 3 CONSULTING GROUP, INC., DOES HEREBY CERTIFY THAT IT HAS PREPARED TM* PLAT OF ANNEXATION AND THAT IT IS A TRUE AND CORRECT REPRESENTATION OF SAME BASED ON OFFICIAL PLATS AND RECORDS. DIMENSIONS ADE GIVEN. IN FEET MIO DECIMAL PARTS THEREOF. DATED THIS Mb) DAY OF J. , A.D., I904 ILLINOIS co,e,,e4A4 SURVEY NO. 2430 J