HomeMy WebLinkAboutOrd 2278 12/22/1970
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ORDINANCE NO. 2,278
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WHEREAS, the Plan COmmission of the Village of Mount Prospect did hereto-
fore conduct a public hearing under Case No. 69-l0P on March 21, 1969, at
the hour of 8:00 P.M. , pursuant to a request for a special use in the nature
of a planned 'unit deve16prrent;and
AN ORDINANCE PROVIDING FOR THE PLANNED UNIT DEVELOPMENT OF
PROPE:R.TIES COMMONLY KNOWN. AS HUNTINGTON ESTATES
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II of general circulation within the Village of Mount Prospect; and
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WHEBEAS, the PlanComm1.ssion recommended that the development proposed
dur:tngthe course of saidhear:i.ng be authorized in that it would in no way
be detr:i.rrental'to the Vi11~of Mount Prospect; and
WHEREAS, the President and Board. of Trustees of the Village of Mount Prospect
on November 25', 1969, did hold a pre-annexation hearing in the manner
provided by law, regard:tngthe aforerrentioned request fora p1amed unit
deve1oprrent; and
W.HEREAS, the President and Board of Trustees of the Village of Mount Prospect
havw aeter.m:i.nedthat the best interests of the Vi11~ of Mount Prospect will
be attail1ed by the adoption of the Plan Commission's recommendation under
Case No. 69-10Pregarding .the subject property; and
WHEREAS, the President and Board of Trustees of the' Village of Mount Prospect
havep?-sl:;ed and approved ,Resolution No. 35-69P authorizing the annexation
anddeveloprrent of the subj ect property as a planned unit deve1oprrent;
NOW, THEREFORE, BE IT ORDAINED BYTHE PRESIDENT AND BOARD OF TRUSTEES OF
THE .VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That a special use permit be and is hereby granted to allow
Kenroy Inc., or its assignees, to cohstruct a planned l:.1l1it deve1opm:mt upon
the following described property:
J,:.ots 1 and 20f Kenroy's Huntington,
being a subdivision of part of the East
1/2 of Section 14, Township 41 North,
Range 11, East of the Third. Principal
Meridian, in COok County, Illinois;
which plat of subdivision of the subject tract is attached hereto and nade
a part hereof as Exhibit A; and which subdivision in ac~ordance with the
special use permit granted herein shall not be resubdi ved hereafter.
SECTION TWO: That the planned unit developrrent herein and above authorized
and permitted shall be constructed prusuant to the terms set forth in an
il amexation agreement between LaSalle National Bank, as TrusteeBl1d Owner,
.11 and the Village of Mount Prospect, which annexation agreerrent, entered into
il' and executed Decerrber 2, 19~9,is attached hereto and hereby nade a part .
I hereof as Exhibit B.
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SECTION THREE: That the Director of Building and Zoning of the Vi:Jj.age of
Mount Prospect, is hereby authorized to issue, upon proper application, such
building permits as may be required for the said planned unit development,
the construction of which whall be governed by the terms of the, said
: I annexation agreement, Section 5.1 of the Mount Prospect Zoning Ordinance,
H this Ordinance herein, and all other applicable ordinances of the Village
! I of Mount Prospect.
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A.
For each st~, prior to. the issuance of building permits, the
owner nay vary the mix, apartment and si~le family, of the
proposed residential btP-ld.1ngS as between studio, one-bedroom,
and two;;..bedroom. units and may reduce the number of three-bedroom
and four-becrr-oom.,und;ts in ocnformity with the requirements 'of .
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paragraph C If Standards Vi of Sectiop. 5.1 (the Mount Prospect
Planned Unit Developrent Ordinance), wi t.~ the tmderstanding
that in no instance shall t.he total number of units proposed
herein be increased.
B. .As a result of actions taken pursuant to sub-sec.tion A above,
t&~e ovmer shall have the right to reduce the height of any
or all of t..lxe proposed buildings but shall not at any time
have t.lJ.e right to increase the height of same.
SECTION FOLt.R: Tnat as each stage of development is completed and occupancy
certlf1.cates are issued for all of the residencies in such stage, Kenroy
Builders, Inc. will cause a Plat of Open Space Easement to be delivered to
the Village of f!ount Prospect.
A. These plats shall be recorded and shall contain such wording
sufficient to pennanently guarantee th.e open space as shown
on sUch easement in accordance wi t~ the said pla:rm.ed unit
developIOO!it and any amendments thereto.
B. TIlat said Plats of Open Space Easement shall constitute a covenant
running with the land and shall be enforceable by the said Village
of Momt Prospect.
SECTICI'I, FIVE: That this ordinance together lolith all its exhibits and ple.ns
shall be reconled,,:In the Offi~ _ Q! the Recorder of Deeds of Cook County,
Illinoi~ upon ~ompletiofi of the ":'" ~ned~i:!:, ,~y~l~nt herein; and the
Restrictive Covenants"'confaiflEkrt{-:::"I3ihibit fC;:hereto shall be recorded im-
mediately upont;he "exeCUtion --thereof-and the passage and approval of this
ordinance. - '
SECTION SIX: That this ordinance shall be in full force and effect from and
after its passage,:,approval, and publication in a m.aimer provided by l~il
and the recording of the Restrictive Covenants attached hereto as Exhibit C
guaranteeirlg among other th:ings: (1) t..ltat the development of the subject
property in accort;1ahce with ti.e planned unit development herein; (2) that
the continued maintenance and protection of all public open space and common
open space with the said planned unit development:; (3) that the right of
the Village of Mount Prospect toenfoTce said Covenants by any appropriate
action in law efr'in equity; and (4) that the Otmer shall guarantee common
atmership or control shall extend to all portions of ~i.e planned u:rlt
development for a period of not less than eighteen (18) months follm\Ting its
completion, and shall extend to all conmon open space, landscaping, exterior
maintynance, and all ather exterior aspects of the development for a period
of no~ less than twenty (20) years; "lhich Coven~Jlts shall run to and be for
the b~efi t of the Village of P!ount Prospect.
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NAYS: 0
PASSED AND APPROVED TIUS ~:t- day of ,\)eJ~..e.W'\\v<2.'f"'
, 19'1D.
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ATIE~~
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.1. 'age Clerk
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RESTRICTIVE COVllNANTS
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";~~'lli'f';"A::~::::; ::t:h:r::::n~::i:~:::: :: t:P::e s::::::e::::y. i
<c'U:- . !:'; (SO) years from the date of said recording of thosecovenallts !
.: , :;,(:~~):I~/:..'" ..:.; , . ":.' . '.' '. ."
, :":;+;'}!'::"/;:;:';:'::',:~~d.'}~all, be, enforceable by said Village of Mount,Prospect. '
.\;.T:?':'::'i('\.~,;,' . ";: 4. The'covenants hereincolltained shall run. with the
. .g2;"!f':I';rti~J~:;::;::::e:: t:e:::: .:: ::::n::: .":::::a ::::~:; 'f:;e::::::: ive i
. " ,.'.It.. ';"\'.':.(pe'ri~ds of "ten ~lO). years unless !?y a vote of the majority of ~
,:i);:~;~\"~~>'l;".P." ':, :"',:'.".:',~:, '_' :....,~. " .~.,~ , . .. .' 1
:"','!i':t':::'JI.,. .thesaid,:l'andowners. of 'tile .said'property it is agree~' other-
"':;~cil;'J'Ii~se.' . . ", , :
" '.... '. ':i'!;;'lr{~0: ';"5. NO;hing in those covenan~~ shall in any way prevent!
. :: .....',\;<.:,1. ::,,'a'lien~tion'; or' 'sale of the subJect. property or portion thereof:
'j,'!:,?'<~'~",t t'~,;:~.'t,./..<""-"., . . ," ".,:' >~. , . : " . i
..>.::'n;:',iii. !:':r~\""'<~::'ex~ePt /that' s~i~. ~ale ,.shall be;, :~l:lbject to the provisions ;
.:,~~,','S'II'/~':'>"hereof and of the Planned Unit De. veloplllent. Ordinance of the
'!...:...:.,~ '.' >~:'(. ;,,: .." :-"':. Village of Mount Prospect and the new Owner shall b~.both I
. '"~~\t>;~;,{~~lr!',:~"~~:~::::::n ~e~p::::~:y the candi t ion and res tr~ctions" h~reini~
: ',' :':"'"''il''' ',' t of these Restrictive Co.vo. nants, th1
, "" " ! /accep ance .. e.'..>I'(';
. .,: ;v,d: ,Vi1lageof Mount Pro"pec t acknowledges that its Ordinance re.l=
.' . Il ' ';'1.
:;', II lating to Restrictive Covenants has been fully compliedwith~J'
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n 7. If the parties hereto, or any of them, or their .\
'j! heirs or assigns shall violate or, attempt to violate allY of:::"'f
d' '.1:'
H the covenants herein, it shall be lawful for the.otherparties
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il-h.ereto including .the Villa.ge of Mount pro~.pect.:~c)'.'''l?~os'ecute;':'I':
II . any proceeding at law or in equity a~ainstthe<~er~onor,'j
': Ii . persons violating or attemPtingtO>V~Ola~e,~nr-~~,Ch~O.V~I1a.n~"r,:
Ii and .ei ther to prevent '.himorthe~.. ;fronls~..~Q~ng, 91;", t~... re;cov~,:r::l::
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a Plat of Open Space Easement to be deliY~red to the Village
of 140u~t ProspectfoT recording, which, by said Pla,t~,it .~,s .;
intended to permanent.ly guarantee open space substantially in i
. .
. accordance with said approved
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Planned Unit DevelopPlent' and,. ',[
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"Attac'"nedcto J:{es1:rictive Covenants ~QV, an(l bE'tWE'(~n I(enroy Bb".LUCrs"
and :rlJe Village of ~'I()unt Prospec( cl;ltea"Al..igust 20, 1971.
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8. 'fhese Covenants shall be binding upon and inure to
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damages or other dues for such violation.
benefit'oftlle parties
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.ANNEXATION AGREEMENr
ltlHEREAS J the LaSalle National Bank ~ as Trustee. under Trust NunDer 28948 t
is the owner of Parcels A and B, under Trost Nunt>er 19237 J is the owner of
Parcel C and D. under Trost Nutrber 33425, is the owner of Parcel E, which
parcels of real estate are legally described on Exhibit I (Survey Exhibit)
attached, and are referred to hereafter as the subject property, and Roy
Gottlieb is a beneficiary of said Trust, with, the power of direction as to
said Trusts hereinafter collectively referred to as Owner; and
WHEREAS, the Village of Mount Prospect. a nunicipal corporation,
organized under the laws of the State of Illinois, hereinafter referred
to as the Village, has the power, under State law, to enter into an
annexation agreement such as set forth herein; and
WHEREAS, the CMner has heretofore filed a petition to annex the
subj ect property to the Village ~ contingent on the provisions of this
.Agreenent; and
WHEREAS, both parties believe it to be in the best interests of the
Village and the CMner that the property be annexed; and
WHEREAS, the CMner has caused the land which is the subject matter
of this Agreement to be planned for the uses set forth in various Exhibits,
Numbers I to VII J inclusive J which Exhibits are incorporated by reference
and made a part of this Agreement and are hereinafter referred to as
the Plan, each of said docurrents being marked:
"Exhibits to Annexation Agreement,
dated Iecember 2, 1969, between
LaSalle National Bank as Trustee
by Roy Gottlieb as beneficiary
with power of direction, and the
Village of MJunt Prospect."
and
WHEREAS, it is necessary for the. CMner,. in arrsnging,financinp-, and
producing the Plan on the subject property, to eliminate and restrict
future changes in the zoning, building and other laws of the Village
relating to construction, operation and maintenance of the planned project
so that the extensive and more detailed construction plans may be prepared
and so that the Plan may be produced on the subject property; and
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t-lHEREAS, it is benef'icialto both OW'ner and the Village that the
proj ect be constructed in accord with the Plan;
NOd, THEREE\JRE, it is agreed by and between the Village and CMner
as f'ollCMS:
1. 'Ihat the Village agrees to annex the subj.ect property. The
Vil1agefUrther agrees that it shall aid .in the acquisition of' such ease-
mentsand rights-of'-way as may be necesst3.ry to provide access of' public
utilities adequate to serve the subject property when fu1.lydeveloped in
accordance with the Plan. For this pUll>ose ~ the Village agrees to exercise
its powers Of'ccndemna.tion, if' necesst3.ry; provided that the Onner will
de~ all costs in connection With the, acquisition of'easements and
rights-of'-Way, . including costs .Of'condennation, if any.
2. That. the Village pass such ordinances as will enable the
CCtlstruction of the development as ..contemplated. by the Plan and by this
Agreanent. It is understood and agreed that a memomndlml of the planned
unit develcprnent ord1nanceapprovipgthe within ref'erredtoplanned unit
develOPment andcertif'ied by the Village Clerk shall berecoroed by the
Vi1.1age in the Of'ficeof' the Recorder of Deeds ~ Cook County. Illinois,
which memorandum shall not mclude the recording of' any exhibits, but
will include the recording of all necesst3.ry covenants g1..18I'anteeing
open space. Said recorcl:1.r1g Shall be done Within ten (10) days of'
passage of' said ordinance. However, Exhibits made a part of tho'saij
text and/or made a part of this Agreement shall be recorded by the Owner
with the approval of the Village Engineer as the subject matter of said
exhibits is car;pleted. Said exhibits shall be recorded as modtfiedif
necessary as a result of the conditions set forth under paragraph 3
herein or in event of modificatio..l'1 . of the planned unit ordinance
passed for the Subject developurent by ~errentl\]ith the Village
of Mount Prospect.
3. 'Ihe Owner shall cause the subj ect property to be :1.rrproved
in general conf'ormance with the land USes and standa:rXis shOV;u on
Exhibit II (Site Plan) except as otheJ?W:i.serrov:i.ded herein and, as
necess~i1y modifieq. to solveengineel1ng layout and design problems
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not ~ascm.bly fore~eeable at the time of the execution of this
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~t. For each sta@ ~ prior to the issuance of builtUng pennits,
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the' Owner ~'vary the apartment mix of the proposed res1dent:1.al buildings
as between studio. cne- and two-bedroan units andnuw reduce the nunt>er
of t~bedroan and f~ units, in CCJlfonn1ty with the reqUire-
nents of paragraph (C) "Standard" of the Planned th1t Devel.opnrant
Ordinance. with the understand1ng that in no instance will the total
nunber of units proposed herein be increased.
4. 'ilie V:U 1 age will classity" under the provislCJlS of its zcning
ord1nance .in the mapner required by law, the Subject prcpertyinto such
zaUng districts (as will accarmodate such proposed uses) as are shown
en Exhibit III (Zoning Exhibit), includmg the granting of sUCb special
use pexmits or the approval of such planned developments as are necessary
to effectuate the develcproont of such land as herein provided substantia.l1y
jp accordance with the Plan as shown al EXhibit II (Site Plan).
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\ 5. 'lbe Owner agrees to execute such public and Catmal open space
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eas~ts and covenants in such fonn as the Village Attorney ~ require,
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wh1~ designate, with particuJ.ar.i.ty, the land marked as recreational
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open ~ace on Exhibit IV (Recreatia1al Plan), with the object and purpose
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that Sald land so designated be operated not-fop.profit and be used
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tor the :rollowing pu:rposes and none other: Ialdscape gardens-a.rt>oretuns,
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paries an~ PJ.2.wgrounds - public or private, golf courses, tennis courts,
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sw:lmn1ng' poots, skating rinks and other athletic courts or fields,
dr.t vew~, parking areas for recreational facilities, public utility
facillt1es..and easanents, lakes, stonn water retent100 basins and
accessory uses incidental to the above including recreatialal struc-
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tures.
6. '!he Village ~s that any snendnents or changes to building,
housing, subdi v+si<n, or zoning ordinances during the tenus of this
Agreenent shall not8ppJ,y"to the sUbject property without the <Mner's
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consent, and further agrees not to inte:rpret any such ordinances so as
to prevent carmmcenent of calStruct100 of the buildings or the develop-
nentot the Plan by the OWner or his assi@'lees It provided that all plans
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meet the requirements of all applicable orCtlnances except as may be IIlOdi-:."
fied by this Agreement..
7 ~ '!he Village agrees that amendments to the present Building
and Zoning Code in force as of this date as well as to the laws re-
lat:ing to and regulating the construction of this planned unit develop-
nent shall not apply to the subj ect property without the consent of the
Owner It and that in any event, should stop orders. have to be issued,
such amenClments shall not be so :interpreted that the subject prcperty
may not be constructed :in general accordance with the Plan.. provided,
however, that if there are changes of said laws and the same are less
rest ri cti ve in their application to other similarly situated property..
then the Owner shall be entitled to the benefit of the cha'Ylge if it
elects ..
8~ '!he Village agrees to issue without undue delay necessary
penni ts for t.he construction and operation of the development as set
forth per stages as shown in the Stage Plan Exhibit so that the OWner
may develop the subject prcperty at such denSities, with such miXtures
of uses.. at such bu.i.lding heights and per such other specifications as
are outlined :in the Plan on Exhibit IV (Stage Plan).
9. The Village agrees not to charge the OWner for building permit
or Dt~her fees necessary for the constructicnof the planned unit develop-
ment or portion thereof in an amount greater than those fees presently
charged under existing Ordinances on the date hereof. With respect to
all other license or bus:iness license fees.. however, .the Village agrees
not to charge the OWner or occupants of premises located within the
planned unit development fees in an amount greater than those fees
charged other licensees :in the Village at that date.
10.. That the Village will issue no stop orders direct:i.ng work
stoppage on building or parts of the project without detailing correc-
ti ve acticn necessary to be taken by the OWner and setting forth the
section of the Village Code violated by the OWner and the owner may
fortrt:;~~th proceed to correct such violations as may exist or take an
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appeal as set forth in the Village Code.
11. The Village agrees to issue certificates of occupancy within
thirty (30) da8s of application or issil3 a letter of denial :informing
the Owner as to what corrections are necessary as a ccndition to the
issuance of a certificate of occupancy and quoting the section of the
Code relied upcn by the Village :in its request for correction. Provided,
hCMever, that cctIpletien of an entire building shall not preclude the
issuance of occupancy certificates for any finished floor, floors, or
portions thereof, not otherwise in conflict with Section 21.218 of the
Municipal Code of the Village of Mount Prospect of 1957, as amended.
12. The Village will not require, of the Owner, a storm water
retention pend or lake having a surface area greater than four (4)
acres and a retention capacity greater than 13.5 acre feet as shown
by Exhibit V (On-Site Utility Plan) attached, nor will it change or
amend its public improvement ordinances as it affects the regulation and
installation of public improvements on the subject property during the
term of this Agreement.
13. In the return for the OWner's participating to the extent of
$37 ,500:in the erection and installation of a one-million or greater
capacity low-hat water reservoir near the Subject plarmed unit develop-
ment site, construction of which reservoir shall begin upon the can-
pleticn of at least 500 apartment units or cOIl1l113rcial use occupancies
in the subject plarmed unit development, the Village agrees:
(a) '!hat the Owner shall be treated as one user for the pur-
pose of detennining water rates and that all water COl1S1.lIl'ed in the
proj ect area of this plarmed unit development shall be treated as if
it were measured by cne master m:ter;
(b) 'Ihat the water rate charged to the CMner shall be the same
as the minimum rate charged to other water users in the Village, but that
for the purposes of detennining a minimum charge to the OWner per
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quarter the minimum charge by ordinance made to all other water users
:in the Village shall be multiplied by the total number of dwelling units
and cormrercial use occupancies in the development;
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(c) 'lhat at least fifteen (15) c:':;:"'::; '-'l':~l no more than thirty (30)
days prior to each of the exist:ing quarterly bill:ing dates the Owner
agrees to notifY in writing the Finance Department of the Village of
f-'lount Prospect as to any change in the number of actual individual
users within the planned unit development, that is, the actual number of
dwell:ing tmits and commercial use occupancies;
(d) That a water tap-on fee, charged per lot!i shall be deter-
mined an the basis of four (4) lots per acre withIn the planned unit
development, i.e., $100 per acre; and that a water deposit shall be
payable to the Village in advance of any such tap-crill in an &l1'Jtmt
conputed by multiplying the nurrber of acres involved with such tap-ans
by the sum of One Hundred and For'cy Dollars ($140.00);
(e) That nothing herein cO'1.taj usd shall be construed to can-
filct with ordinances of th3 Village estabUsh:ing general charges for
water based on consumptio.."1 which ordinances &"'8 of genc::ral applicatio..'1.
within the Village;
(f) That for the purposes of sprlnkl:ing and irrigation only the
OIrmer shall have the right to install his o~vn wells and to use the
drain water on the premises to \'later or sprin.1de the grass ~ and pro-
vided the Owner shall not intermix such water with Village water or the
Village system.
14. The Owner agrees to install and the Village agrees to receive
the ownership of certain 0::1 site sewer and 'water lines ~ together with
the necessary easements for access thereto end maintenance thereof, as
required to serve the project as set fo::."'th :In Exhibit V ((b.-Site utility
Plan) attached. The Village, hov:ever;l shall have the right, in the
event excess capacity is desired, to require the oversizing of mGins
and facilities; provided, however, the Village pays the additional costs
of materials made necessary as a result of said oversizing and, if the
depth must be increased because of oversizmg beyond those depths shov..TI on
the said Exhibit V (On-Site Utility Pla.'1.) attached;, the Village pays
the additional costs thereof ~
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the same to be maintained by the Owner or its successor in interest
without expense to the Village.
17. The Owner will provide a minimLml of 1.5 parking spaces for
each multi-family apartment unit and 2.0 parking spaces for each town-
house.
(a) .All parking spaces shall be a minimum of 8 1/2' X 19' and
an average of 9' X 19' or @Teater.
(b) The Owner may, in addition to the foregoing, provide addi-
tional parking areas on the Corrmomlealth Edison rigtlt-of-way or. any
other area approved by the Board of Trustees of the Village of Mowt
Prospect.
18. The Owner may mowd dirt, and the Village will permit same,
along Route 83 and fence portions of the property with a fence not
exceeding six (6) feet in height or design appropriate to the develop-
ment as determined by Owner; said mounding along Route 83 shall not
exceed ten (10) feet in height from existing grade and shall not ob-
struct the view of traffic exiting to Route 83 as shown on Exhibit IV
(Fence Exhibit). Mounding within the development at other locations
shall not be so restricted in height.
19. In order to safeguard the residents of multi-family dwellings,
the Owner agrees that it will install double or "jirrrny-proof" locks on
all apartment wit entrance doors in subject buildings for protection
against burglary.
20 . It is understood that construction in stages or in any
separate stage of the Plan may proceed provided the allocation of
money and/or security deposit is made for the public improvements for
that construction phase and need not wait the deposit of funds and
bonds for the public improvements necessary for other stages; provided
further, however, the security deposit equal to 15% of the estimated
cost of such iIr:provements for each stage shall be returned twenty-four
(24) months after the said improvements in each stap;e have been
accepted.
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21. It is the agreement of the parties that all provisions ~
conditions, and regulations set forth in this Agreement and the Exhibits
to which it refers shal supersede all Village ordinances, codes, and
regulations that are in conflict therewith as they may apply to the
subj ect property. Where this Agreement is silent, the Village ordi-
nances shall apply and control.
22. The Owner shall have the rigpt not only to install corrmer-
cial signs as per sign ordinance of the Village in effect as of date
hereof, but shall also have the right to install signs as per Exhibit IV
( Sign Exhibit) attached.
23. Upon receiving a building pem.1t therefor, the Otmer shall
have the inrnediate right to construct building NO.~,; or the Recreational
Building~ a mx1mum t1tlo-stOry building ~Those temporary purpose shall be
4.
to provide the Om.er with a sales office and to act as model apartments
so that prospective purchasers and tenants may visualize interior apart-
ment layouts. Said building shall be constructed in accordance with the
Village code and shall, during its use for a temporary purpose which shall
not exceed the duration of this agreement, be provided water and seweraage
through a well and septic tank facility. It is understood that before
said building can be used for a permanent use, other than prescribed
above, it shall be connected with Village water and sewer. The permanent
use shall comply with the Plan as approved herein.
24. It is understood and agroeed by the parties that building
permits shall be issued forthwith upon application and submission of
plans drawn in accordance with the Municipal Code of Nount Prospect,
provided, however, that appropriate provisions, as herein provided, have
been met to insure installation of public improvements, even though
said public improvements may not exist at the time the application
for permit is sought. Issuance of occupancy permits, hov.Jever, shall
await installation of public improvements in that stage in which the
subject building is located or as the parties may agree.
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25. This Agreement shall be effective for a tem of five (5) years from
date hereof and that thereaf'ter all properties in the Planned Unit Development
shall become subject to Village ordinances. It shall bind heirs and successors
and assigns, the Village, its corporate officials" successors in office, and be
enforceable by order of court pursuant to the provisions of the statutes made
and provided. Nothing herein shall in any way prevent alienation or sale of
the subject property or portion thereof except that said sale shall be subject
to the provisions hereof and of the Planned Unit Developrrent Ordinance of the
Village of Mount Prospect and the new CMner shall be both benefitted and bound
by the condition and restrictions herein and therein expressed.
26. It is understood that should the boundary lines of the Village of
Mount Prospect be able to be extended to any point contiguous to properties under
the ownership or control of the ONner, which properties during the tem of this
agreement are not within any rrunicipality" but included within the April" 1968
Comprehensive Plan for the Village of l\1ount Prospect, the CMner shall forthwith
within thirty (30) days petition the Plan Comnission of the Village of Mount
Prospect for a pre-annexation zoning hearing for the ultimate annexation of
said properties; and should the reconmendation of the said Plan Comnission on
zoning and conditions of annexation based upon the said hearing and armex-
ation agreement within sixty (60) days be agreeable to both the President and
Board of Trustees of the Village of Mount Prospect and the CMner, a rrutually
acceptable Annexation Agreement be approved, such armexation to the Village of
fV'lOUrlt Prospect shall take place, provided the contiguity, annexation, and zoning
can be completed within 120 days from the date of petition by Owner. Provided
that in the event such contiguity, annexation, and zoning does not take place with-
in the said 120 days, then the CMner may at any time thereafter withdraw the
said petition without any liability on its part whatsoever.
27. It is understood that in the event any provisions of this Agreement
shall be deeIlEd invalid" then the invalidity of said provision shall not affect
the validity of any other proviSion hereof.
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IN WITI\lESS vlHEREOF, the parties hereto have entered their hands and
seals, this 2nd day of Decerrlber, 1969, the same being done after pUblic
hearing, notice., and statutory requirements having been fulfilled.
LA SALLE NATIONAL BANK, as Trustee
under Trust NU111ber 28948, Trust
Nurrber 19237, Trust Nurrber 33425,
by ROY GOITLIEB:J its beneficiary,
'l11ith power of direction.
ROY GOITLIEB
=:4Ju~
Village Clerk
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RESTRICTIVE COVENANTS
KENROY BUILDERS~ INC. ~ an Illinois corporation~ in accordance with
the provisions of Sec. 5.1 of the Zoning Ordinance of the Village of
Mount Prospect providing for the creation of Planned Unit Developments
and the regulation of the same; does hereby covenant with the Village
of Mount Prospect, a municipal corporation of the County of Cook and
the State of Illinois, as follows:
1. KENROY BUILDERS~ INC. will maintain control of the
Planned Unit Development proposed on the property described as
follows:
Lots 1 and 2 of KenroyVs Huntington~ being a sub-
division of part of the East 1/2 of Section l4~
Township 41 North~ Range II, East of the Third
Principal Meridian, in Cook County, Illinois;
to guarantee development substantially in accordance with Planned
Unit Development Ordinance No.
approved by the President
and Board of Trustees of the Village of Mo~nt Prospect on
; 1970, for a period of eighteen
(18) months following completion of said Planned Unit Developm€~t.
2. KEN ROY BUILDERS, INC. does further covenant that for a
period of twenty (20) years from the date of commencement of con-
struction of said Planned Unit Development that it will, by con-
tract(s), provide for adequate maintenance of all building ex-
teriors; parking areas, and other paved areas, and of all open
space located within said Planned Unit Development~ which open
space is defined as all of the land upon completion of const~uc-
tion of the said Planned Unit Development~ less residential
buildings) commercial buildings, parking areas and other paved
areas.
3. That as final occupancy by residents occur as to each
stage of development, KENROY BUILDERS, INC. will cause a Plat
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of Open Space Easement to be delivered to the Village of Mount
Prospect for recordation~ which, by said Plats, it is intended
to permanently guarantee open space substantially in accordance
with said approved Planned Unit Development and any amendments
thereto. Said Plats of Open Space Easement shall constitute
a covenant running with the land for fifty (50) years from the
date of said recording of those covenants and shall be enforce-
able by said Village of Mount Prospect.
4. The covenants herein contained shall run with tne land
for the periods of time set forth herein. Thereafter said
covenants shall be ext,ended automatically for successive periods
of ten (10) years unless by a vote of the majority of the said
landowners of the said property it is agreed otherwise.
5. Nothing in those covenants shall in any way prevent
alienation or sale of the subject property or portion thereof
except that said sale shall be subj ect to the provis ions hC'=n::d~
and of the Planned Unit Development Ordinance of the Village of
Hount Prospect and the nm.... O't'mer shall be both benefitted anc.
bound by the condition and restrictions herein and therein ex-
pressed.
6. By acceptance of these Restrictive Covenants, the
Village' of Mount Prospect acknowledges that is Ordinance relating
to Restrictive Covenants has been fully complied \'ii th.
7. If the parties hereto, or any of them, or their he:.~-:'s
or assigns shall violate or attempt to violate any of the cove-
nants herein) it shall be lawful for the other parties hereto
including the Village of Mount Prospect to prosecute any pro-
ceeding at law orin equity against the person or person viola'i:ir,g
or attempting to violate any such covenant -- and either to pre-.
vent him or them from so doing or to recover damages or other
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dues for such violation.
8. These Covenants shall be binding upon and inure to the
benefit of the parties hereto, their successors and assigns.
ATTEST:
Secretary
VILLAGE OF MOL~T PROSPECT
BY~~~
President
ATTEST:
4dt/~/
Secretary