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O-604B-88 11/14/88• * VILLAGE OF LEMONT ORDINANCE NO. 6194-6 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR THE DEVELOPMENT KNOWN AS WOODCREST ESTATES AND THE EXECUTION OF AN ANNEXATION AGREEMENT ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This /17" day of Wejje42d-C4..., , 1988. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook County, Illinois, this / day of , 1988. ORDINANCE NO. (,O y - (�} AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR THE DEVELOPMENT KNOWN AS WOODCREST ESTATES AND THE EXECUTION OF AN ANNEXATION AGREEMENT WHEREAS, the annexation agreement has been drafted, a copy of which is attached hereto and included herein; and WHEREAS, the developers and the legal owners of record of the territory which is the subject of said agreement are ready, willing and able to enter into said agreement and to perform the obligations as required hereunder; 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, COOK COUNTY, 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 "WOODCREST ESTATES ANNEXATION AGREEMENT" dated the j Lf day of NOVe rnb, --, 1988, as to 41.34 acres, (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. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTY OF COOK, ILLINOIS, on this / day of �/� , 1988. AYES NAYS PASSED CHARLENE SMOLLEN, Village Clerk Approved by me this /4' day Attest: CHARLENE SMOLLEN, Village Clerk tYZ_ , 1988. OH R. NELSON, i lage President Itkj 02, ;f1 WOODCREST ANNEXATION AGREEMENT ARTICLE TITLE I Annexation II Zoning and Land Use Restrictions III Water IV Sanitary Sewers V Storm Water Detention VI Roadways VII Fees, Building Ordinances, Permits and General Matters VIII Variations from Subdivision Ordinance IX Contributions and Dedications X Approval and Applications XI Letters of Credit XII Notice of Violations XIII Reverter XIV Maintenance Bond XV Damage to Public Improvements XVI Teitis of This agreement EXHIBIT EXHIBIT TITLE A Legal Description of Subject Property B Site Plan of Subject Property • C Plat of Annexation of Subject Property D Engineering Plans and Specifications - Water E Engineering Plans and Specifications Sanitary Sewer F Engineering Plans and Specifications Storm Water Detention WOODCREST ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this f day of 1/412471e41/46/„. 141/46/„. , 1988, between the VILLAGE OF LEMONT, a municipal corporation of the County of Cook, in the State of Illinois (hereinafter referred to as "VILLAGE ") and the PALOS BANK AND TRUST CO. as Trustee under trust agreement known as No. 1 -0411, (hereinafter referred to as "OWNER ") and NICHOLAS BATISTICH, (hereinafter referred to as "DEVELOPER "). WHEREAS, OWNER is the owner of record of the real estate (hereinafter referred to as "TERRITORY "), 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, DEVELOPER intends the TERRITORY to develop as single family dwelling units, in conformance with the site plan prepared by INTECH CONSULTANTS, INC., labeled Exhibit "B ", which is attached hereto and by this reference made a part hereof; 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, I ANNEXATION 1. Subject to the provisions of Chapter 24, Article 7 of the Illinois Revised Statutes, the parties hereto respectively agree to do all things necessary or appropriate to cause the TERRITORY to be validly annexed to the VILLAGE as promptly as possible upon the execution of this Agreement. 2. The Plat of Annexation of said TERRITORY is attached hereto as Exhibit "C ". Said Plat extends the new boundaries of the VILLAGE to the far side of any adjacent highway and includes all of every highway within the TERRITORY so annexed. II ZONING AND LAND USE RESTRICTIONS Upon the Annexation of the TERRITORY to the VILLAGE, the parcel shown on the site plan attached as Exhibit "B" shall be classified under the existing zoning ordinance as follows: ZONING LAND EXISTING DWELLING ACRES USE ORDINANCE UNITS LOTS FOR Single Family R -4 40 40 15.2 WATER 1. DEVELOPER shall extend the existing water main form such off -site locations in accordance with the engineering plans and specifications as prepared by INTECH CONSULTANTS, INC., which are attached hereto as Exhibit "D" which shall be approved by the VILLAGE Engineer. -3- WHEREAS, DEVELOPER and VILLAGE agree that they will be bound by the terms of this Annexation Agreement; and, WHEREAS, 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 so annexed; and, WHEREAS, the parties desire, pursuant to Chapter 24, Article 11, Division 15.1 of the Illinois Revised Statutes, to enter into an Agreement with respect to Annexation of the TERRITORY and various other matters; and, WHEREAS, pursuant to the provisions of that 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, WHEREAS, the corporate authority of the VILLAGE has considered the Annexation and development 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: -4- 2. It is the intent of this Agreement that the DEVELOPER shall install offsite watermains necessary to deliver a minimum of 1,000 gallons per minute fire flow plus domestic flow with a 20 pound per square inch residual pressure as outlined in the Illinois Fire Insurance codes and required by the Lemont Fire Protection District. 3. All water mains constructed by DEVELOPER shall remain DEVELOPER'S responsibility until such time as they are accepted by the VILLAGE as provided by ordinance. 4. Water mains shall be designed in accordance with the requirements of the State of Illinois Environmental Protection Agency Bureau of Public Water Supply and the domestic and fire protecting needs of the proposed development. IV SANITARY SEWERS Sanitary sewers shall be designed in accordance with the standards for sewage works adopted by the Lemont and Great Lakes Board of Public Health Engineers and the requirements of the Metropolitan Sanitary District of Greater Chicago. The design and construction of the Sanitary Sewer shall be in accordance with engineering plans and specifications prepared by INTECH CONSULTANTS, INC. attached hereto and made a part hereof as Exhibit "E ". V STORM WATER DETENTION DEVELOPER agrees to adhere to the Retention Policy of the VILLAGE and the Metropolitan Sanitary District agrees to divert -5- storm water as required by the VILLAGE Engineer and as delineated in the plans and specifications identified in Exhibit "F" attached hereto and made a part hereof. All detention basins and outlet control structures shall be constructed prior to the installation of onsite roadway and storm sewer system to prevent property damage during interim improvement construction. DEVELOPER shall take precautionary measures to prevent storm water runoff from causing erosion and depositing silt in the Illinois and Michigan Canal and other tributary drainage ways. The plans and specifications of the construction of this storm water detention are set forth in Exhibit "F" and shall meet the needs of the TERRITORY as established by the Metropolitan Sanitary District and the VILLAGE. VI ROADWAYS 1. All interior streets within the TERRITORY when developed shall be dedicated to the VILLAGE. Said streets shall be constructed in accordance with the VILLAGE'S Subdivision Regulations. 2. The developer shall dedicate the right -of -way area for a future street between lots 37 and 38 but shall not be required to improve the roadway. 3. The Developer shall improve the parkway area of McCarthy Road with seeding, parkway trees and public sidewalks. -6- • 4. The Developer shall be required to build 119th Street from Woodcrest Lane to Hillcrest Drive. That portion of 119th Street west of Woodcrest Lane shall be dedicated as right -of -way, but shall not be required to be improved. 5. That portion of 119th Street located within the Village shall be built to Village Standards with curb and gutter, and the portion of 119th Street outside the village will be built to Township Standards. FEES, BUILDING ORDINANCES, PERMITS AND GENERAL MATTER The DEVELOPER agrees to comply in all respects with all present and future applicable provisions of the VILLAGE Building Codes in connection with the construction of buildings on the TERRITORY. The DEVELOPER further agrees to pay all fees, reimburse the VILLAGE for planning, engineering, and legal fees incurred as a result of the DEVELOPER'S proposal and obtain all permits required by present and future VILLAGE Ordinances. The DEVELOPER further agrees that all present and future ordinances of the VILLAGE relating to subdivision controls, zoning, official plan and building, housing, and related restrictions shall apply to the development of the TERRITORY which is subject to the Agreement, except as may be modified by the mutual consent of the parties. The DEVELOPER hereby agrees to construct sidewalks within the TERRITORY as required by VILLAGE ordinance.' VIII VARIATIONS FROM THE SUBDIVISION ORDINANCE Notwithstanding the terms of the Subdivision Ordinance, the DEVELOPER is hereby granted the following Variances: -7- a) No road improvements shall be required on McCarthy Road unless required by Illinois Department of Transportation or other other governmental agency having jurisdiction. b) Sidewalks will be installed on each lot prior to issuance of occupancy permit but not later than two years from the date of this agreement. c) Trees shall not be required until homes are constructed and ready for occupancy except that if not installed within two years of the date of this agreement the DEVELOPER shall deposit in escrow with the Village sufficient funds to complete the required plantings. IX CONTRIBUTIONS AND DEDICATIONS DEVELOPER shall make the following contributions in accordance with each phase of the development: (a) Prior to final approval of the Plat of Subdivision, the DEVELOPER shall make the following contributions: High School District Elementary School District Park District $3,504.00 $13,320.00 $19,714.00 X APPROVAL OF APPLICATIONS VILLAGE agrees to expeditiously take action to approve or disapprove all plats, plans and engineering submitted to VILLAGE by DEVELOPER. If VILLAGE shall determine that any such submission is not in substantial accordance with this Agreement and applicable -8- • ordinances, the VILLAGE shall promptly notify DEVELOPER in writing of the specific objection to any such submission so that DEVELOPER can make any required corrections or revisions. XI LETTERS OF CREDIT In lieu of any bonds or cash escrow deposits for public improvements, the DEVELOPER may furnish to the VILLAGE irrevocable letters of credit, in the required amount issued by a reputable banking or financial institution authorized to do business in the State of Illinois, and shall be subject to the approval of the VILLAGE Board. At the time of final plat approval, the letters of credit or other evidence of adequate funds or security shall at all times be equal to the contract cost of the public improvements being constructed in each phase of development. If actual construction costs are not available at time of plat approval, the DEVELOPER shall deposit securities as herein provided, in an amount equal to 125% of the estimate cost for said improvements as determined by the VILLAGE Engineer. Upon completion of the construction of improvements, or any part thereof, the DEVELOPER shall request the VILLAGE Engineer to inspect the same. Within twenty -one days after such request, the VILLAGE Engineer and /or Public Works Director shall, in writing, advise the DEVELOPER of the condition of the improvement, what corrections, if any, are necessary, and whether same shall be accepted by the VILLAGE. Upon completion of the Improvements or nay part thereof, in accordance with the plans and specifications . thereof, the VILLAGE shall accept the same upon -9- 9R1_,LLOW-; deposit of a corporate guarantee for one (1) year period after acceptance as required by the subdivision ordinances. 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 DEVELOPER of a properly executed Bill of Sale for all improvements contained within the dedication. Upon acceptance of dedication to the VILLAGE, the DEVELOPER may reduce the letter of credit or form of financial responsibility by an amount equal to the value of the improvements so accepted. XII NOTICE OF VIOLATIONS VILLAGE will issue no stop orders directing work stoppage on buildings or parts of the project without giving notice of the Section of the Code allegedly violated by DEVELOPER, so the DEVELOPER may forthwith proceed to correct such violations as may exist. Moreover, the VILLAGE shall, insofar as possible, give advance notice to the DEVELOPER shall have an opportunity to correct possible violations. This paragraph shall not restrain the 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 or safety of the public or personnel employed on or near the site. VILLAGE shall provide DEVELOPER 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 TERRITORY of development of it under this Agreement. 90j4Z.Z0 ") Y XIII REVERTER This Annexation Agreement shall be in effect for twenty (20) years but if the Development and all of the improvements have not been completed within two (2) years from the date of this Agreement, the zoning of this TERRITORY shall revert to R -1. If the terms of this Agreement are substantially violated by OWNER or DEVELOPER, the zoning for the undeveloped portion of the TERRITORY shall revert to R -1. XIV MAINTENANCE BOND At the time or times or 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 in the amount of five percent (5 %) of the cost of the installation of the public improvement accepted by VILLAGE. This bond shall be deposited with the VILLAGE and shall be held by the VILLAGE for a period of twelve (12) months after completion and acceptance of all improvements. In the event no defects in material and /or workmanship have developed within said period, then said Bond shall not be returned until correction of said defect and acceptance by VILLAGE of said corrections. XV DAMAGE TO PUBLIC IMPROVEMENTS OWNER shall replace and repair damage to public improvements installed within, under or upon the Subject Realty resulting from constructions activities by OWNER, their successors or assigns and -11- 9 L22Otq • • their employees, agents, contractors or subcontractors during the term of this Agreement, but shall not be deemed hereby to have released by other party from liability or obligation in this regard. OWNER shall have no obligation hereunder with respect to damage resulting form ordinary usage, wear and tear. XVI 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 the land. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. ATTEST: VILLAGE CLERK VIL CORP BY LEMONT AND THE AUT.ORIT T r REOF IDENT PALOS BANK AND TRUST COMPANY, Trustee under Trust # 1 -0411, BY 47' f o C. Scheiner /Trust Officer c++ WOODCREVELOPER,_ -12- 6ICHOLAS BATISTICH STATE OF ILLINOIS SS. COUNTY OF COOK ■ 1, SAP6/144- ./1 iti/flieW , a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that NICHOLAS BATISTICH, 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. ALGiven rder my hand and Notarial Seal this /1/7/71 day of e Ale EV, 1988. My commission expires: t4:444-, otary Public 5.61:?3,1,RA A `Xi T.IALS7741 F77736 oiiit G40 -13- N fOOC SE1. L!W\ g VIP If DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WOODCRFST ESTATES OF LEMONT Palos Bank and Trust Company, as Trustee under a Trust Agreement dated December 11, 1972, and known as Trust Number 1 -0411, hereinafter referred to as "Declarant ", is the owner in fee simple title of certain real property located in Cook • County, Illinois, and described in Exhibit "A" attached hereto and made part hereof. For the purpose of enhancing and protecting the value, attractiveness and desirability of the lots constituting such subdivision, Declarant hereby declares that all of real property described in Exhibit "A ", and each part thereof, shall be held, sold, and conveyed subject to the following covenants, conditions, and restrictions, which shall run with the land and shall be binding on all parties having, or,acguiring, any right, title or TI iT interest in the real property described in Exhibit "A", or any part thereof, their heirs „... successors and assigns, and shall inure to the benefit of each owner thereof until December 31, 2008. ARTICLE I - DEFINITIONS Section 1. "Declarant” shall mean Palos Bank and Trust Company, as Trustee under a Trust Agreement dated December 11, 1972, and known as Trust Number 1 -0411. Section 2. "Lot" shall mean any plot of land shown on the recorded subdivision map (Plat of Subdivision) with the exception of roadway areas or other areas dedicated to the City of Lemont or for public use. Section 3. "Maintenance" shall mean the exercise of reasonable care to keep buildings, roads, landscaping, lighting and other related improvements and fixtures in a condition comparable to their original developed condition, normal wear and tear excepted. Maintenance of landscaping shall further mean the exercise of generally accepted lawn and garden management practices necessary to promote a healthy, weed free environment for optimum plant growth. Section 4. "Mortgage" shall mean a conventional mortgage or deed of trust. Section 5. "Mortgagee" shall mean a holder of a conventional mortgage or beneficiary under a holder of a deed of trust. Section 6. "Owner" shall mean the record owner, whether one or more persons or entities, of a simple title to any lot which is a part of the subdivision, and shall include contract sellers, but shall not include those holding title merely as security for performance of an obligation. Section 7. "Subdivision" shall mean the subdivided real property described in Exhibit "A" and such future additions thereto as may be established by Declarant. ARTICLE II - RESTRICTIONS Section 1. Easements (a) Easements for installation and maintenance of utilities and drainage facilities are shown on the recorded subdivison plat. Within these easements, no structure, plantings, or other object or material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may damage, interfere with or change the direction of flow of drainage facilities in the easements. The elevations and grading plans for easement areas may not be altered from the engineering plans for the subdivision approved by the City of Lemont without the expressed consent of the Declarant. The easement area of each lot and all improvements thereon shall be continuously maintained by the owner of such lot, except for improvements for maintenance of which a public authority or utility company is responsible. (b) No dwelling unit or other structure of any kind shall be built, 18 erected or maintained on any easement described in subparagraph (a) above, reservation, V' or right -of -way, and such easements, reservations, and rights -of -way shall at all times be 4:11 Ul open and accessible to public and quasi - public utility corporations, their employees and contractors, and shall also be accessible to Declarant, its successors and asisgns, all of whom shall have the right and privilege to carry out any of the purposes for which such easement, reservations, and rights -of -way are reserved. Section 2. Use Restrictions The subdivision and each lot located therein, shall be occupied and used only as follows: (a) Only one (1) single family residence shall be erected or placed upon each lot and lots shall be used for no other purpose. All residences shall contain not less than 1,800 square feet, excluding basements below grade, open porches and garages. No detached garages shall be erected upon said lot. Garages shall be sufficient size to accommodate not less than two nor more than three full -size automobiles. No detached above ground structures or buildings of any type shall be erected or permitted upon said lot without written approval of the Declarant. (b) All setbacks from public street right -of -ways shall be as determined by the Declarant and such setback may be more than the setback shown, on the subdivision plat or as required by the zoning ordinance of the City of Lemont. A written statement must be obtained from the Declarant outlining the required setback prior to application for permits or construction on the lot. (c) No single lot, or combinations of two or more lots, will be subdivided, conveyed or transferred to create additional lots, or to create lots of less than 10,000 square feet except by the Declarant. (d) No business of any kind shall be conducted in any residence unless it is specifically permitted as a home occupation under the Lemont Zoning Ordinance as amended except business of the Declarant's agents and the transferees of Declarant. (e) No sign of any kind shall be displayed to public view upon any 3 IA lot or common area without the prior written consent of Declarant, its successors or PI assigns, except customary name and address signs and lawn signs of not more than five Coll IN CJ1 square feet in size, advertising property for sale or rent. (f) No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot without the prior written consent of Declarant. Dogs, cats, and other household pets may be kept so long as they are not kept, bred or maintained for commercial purposes. (g) No rubbish, trash, garbage or other waste material shall be kept or permitted on any lot except in sanitary containers located in appropriate areas concealed from the public view. No drilling, tunneling or mining of any kind shall be permitted on a lot. (h) No fence, hedge, wall or other dividing instrumentality shall be constructed, erected or maintained upon any lot in the area between the street and the line indicated on the plat as "Building Setback Line" without the prior written approval of Declarant, its successor or assigns. (i) No outbuilding, basement, tent, shack, garage, trailer, shed or temporary building of any kind shall be used as a residence, either temporarily or permanently. No swimming pool shall be permitted on any lot except where Owner has conformed with all local laws, ordinances and regulations, and where adequate provisions have been made to prevent same from becoming a hazard to the neighborhood. (j) All driveway areas constructed upon each lot within the subdivision shall receive a hard surfaced paving within one (1) year after completion of a residence upon the lot. The wearing surface of the driveway and driveway approach shall be at least equal to the wearing surface of the material used in the street paving. (k) No outside storage of motor vehicles (of any type), mobile homes, boats, trailers, or other recreational vehicles or equipment shall be allowed upon any lot. No outside repair of any motor vehicle shall be conducted upon any lot. There shall be no outside laundry equipment or hanging of laundry upon any lot. ARTICLE III - GENERAL COVENANTS, CONDITIONS AND RESTRICTIONS Section 1. Individual Lot Development Declarant, or transferees of Declarant, shall undertake the work of developing all lots included within the subdivision(s) in accordance with the terms and conditions of this entire declaration. Declarant, its successor and assigns, shall have a continuing interest in such development so long as Declarant shall own any lot within the subdivision, and each lot therein shall be subject to the restrictions as set forth herein in order to establish and maintain a residential community of the highest possible quality, and in maintaining and protecting the aesthetic and functional integrity of each building site, and of the subdivision as a whole. To protect Declarant's interests, and the interest of all transferees of Declarant, development of each lot shall be subject to the following conditions and restrictions: 1. Prior to application for a Building Permit from the City of Lemont, Owner shall present preliminary building plans to an Architectural Review Control Committee ( "Control Committee ") to be comprised of representatives of N. Batistich Architects, or such other professionals appointed by Declarant. The preliminary plans shall include: basic floor plan; all major exterior elevations; proposed location of home on Lot; samples and descriptions of exterior materials and colors. A minimum of 60% of exterior wall surfaces shall be face brick or natural stone. 2. Within 90 days after receipt of the Control Committee's comments and recommendations with respect to the Owner's preliminary plans, Owner shall present final plans and specifications to the Control Committee, which have been prepared and sealed by a licensed architect. Within 15 days of receipt of the final plans, the Control Committee will stamp the final plans as "Approved" or "Rejected ", and will return the plans to Owner. Owner will seek a Building Permit only with respect to final plans which have received the "Approved" stamp from the Control Committee. 3. On issuance of a Building Permit by the City, Owner and Owner's builder shall adhere to the following rules designed to assure proper maintenance of the construction site, roadways and properties of Woodcrest Estates: A. At all times during the construction period, a trash dumpster shall be located on the site and all construction debris shall be placed in the dumpster. B. The roads shall be kept clean at all times. Any dirt or debris which is deposited on any road or other lot by any vehicle entering or leaving Owner's site shall be cleaned and removed immediately. C. Building materials shall be stacked neatly on the site and shall not be stored on adjoining property. Adjoining property shall be restored if damaged. D. Developer is authorized to take any actions which Developer in its sole discretion considers to be necessary to correct any violations of the foregoing rules, and the cost of labor or materials incurred in connection therewith shall be charged to 0 wner. Section 2. Overall Development Completion of the development of the subdivision, and all lots located therein, shall be undertaken by Declarant, its successor or assigns, and all subsequent transferees. The completion of that work is essential to -5- the establishment and welfare of the subdivision as an on -going residential community. In order that such work may be completed and the subdivision established as a fully occupied residential community as soon as possible, nothing in this declaration shall be understood or construed to prevent Declarant, Declarant's transferees, or the employees, contractors or subcontractors of them from: (a) Doing whatever they determine may be reasonably necessary or advisable in connection with the completion of such work; (b) Constructing and maintaining on any part or parts of subdivision property owned or controlled by Declarant, Declarant's transferees, or their representatives, such structures as may be reasonably necessary for the completion of such work, the establishment of the subdivision as a residential community, and the disposition of lots by sale, lease or otherwise; (c) Conducting on part or parts of the subdivision the business of completing such work of establishing the subdivision as a residential community, and of disposing of lots by sale, lease or otherwise; or (d) Maintaining such sign or signs on any of the lots or property owned or controlled by Declarant as may be necessary in connection with the sale, lease, or other disposition of subdivision lots. As used in this Section, the words "its transferees" specifically excludes purchasers of lots improved with completed residences. ARTICLE IV - OWNER'S OBLIGATIONS Section 1. Maintenance Each owner shall, at his sole cost and expense, repair his residence, keeping the same in a condition comparable to the condition of such residence at the time of its initial construction, excepting only normal wear and tear. landscaping shall be maintained to generally accepted standards. Section 2. Repairs If all or any portion of a residence is damaged or 4-1 destroyed by fire or other casualty, it shall be the duty of the owner thereof, with all duel diligence, to rebuild, repair, or reconstruct such residence in a manner which will substantially restore it to its appearance and condition immediately prior to the casualty. Reconstruction shall be undertaken within six (6) months after the damage occurs, and shall be completed within eighteen (18) months after the damage occurs, unless prevented by causes beyond the control of the owner or owners. ARTICLE V - GENERAL PROVISIONS Section 1. Enforcement Declarant, its successor or assigns, or any owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, easements, reservations, liens and charges now or hereafter imposed by the provisions of this declaration. Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability Invalidation of any one of these covenants or restrictions by judgment or Court order shall in no way affect any other provisions, which shall remain in full force and effect. Section 3. Amendments Covenants and restrictions of this declaration may be amended by duly recording an instrument executed and acknowledged by not less than seventy -five (75%) percent of all owners of record of the lots. Section 4. Subordination No breach of any of the conditions herein contained or reentry by reason of such breach shall defeat or render invalid the lien of any mortgage made in good faith and for the value as to the subdivision or any lot therein; provided, however, than such conditions shall be binding on any owner whose title is acquired by foreclosure, trustee's sale, or otherwise. Section 5. Duration The covenants and restrictions of this declaration shall run with and bind the land, and shall inure to the benefit of, and be enforceable by Declarant, its successor or assigns, and any lot owners until December 31, 2008. ATTEST: Bv: EXECUTED at Illinois this 8th day of February1981 PALOS BANK AND TRUST COMPANY, not personally, but solely as Trustee pursuant to a Trust Agreement dated December 11, 1972, and known as Trust Number 1 -0411 Title: Vice President STATE OF ILLINOIS ) ) ss COUNTY OF COOK ) Its VICE PRES. /TRUST OFFICER R4777 77 e 4 -2 s Ennui- --) E� P oex /?,p6L, %L ©,%Z j 891 525 1, Barbara A. Danaher , a Notary Public in and for said County and State, do hereby certify that Jeffrey C. Scheienr , the Vice President of Palos Bank and Trust Company, and Michael Constantino , the Vice PresSex of said Bank, who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and 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 bank as Trustee as aforesaid. 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