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HomeMy WebLinkAboutOrd 3911 03/15/1988ORDINANCE NO. 3911 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AMENDED CONSENT DECREE IN CHICAGO TITLE AND TRUST, ETC.ET AL.,V. MOUNT PROSPECT, NO. 65 CH 5300 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 15th DAY OF March , 1988. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 16th day of March , 1988. RDINANCE NO. 3911 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AMENDED CONSENT DECREE IN CHICAGO TITLE AND TRUST~ ETC. ET AL., V. MOUNT PROSPECT~ NO. 65 CH 5300 WHEREAS, the Village of Mount Prospect has previously approved a Planned Unit Development under the terms of a Consent Decree entered in the case entitled Chicago Title and Trust~ etc. et al., v. Mount Prospect, 65 CH 5300 filed in the Circuit Court of Cook County~ Illinois, Chancery Dlvision~ and WHEREAS, a petition was filed on November 13, 1987 by Lexington Development Corporation seeking further mod:f:cat,on of the Planned Unit Development for property located westerly of Schoenbeck Road~ and WHEREAS, public hearings were held with proper legal notice on such petition on 3anuary 7~ 1988 and February #~ 1988 and the Zoning Boards of Appeals has recommended approval of the same pet:tion for modif:cation of the Consent Decree~ and WHEREAS~ the Village attorneys and staff have In conjunction with Lexington Development Corporation negotiated and prepared a "Consent Decree Amendment which Modifies the Plan of Development for a Portion of the Planned Unit Development which is Located Westerly of Schoenbeck Road" wh:ch is attached hereto and made a part hereof as Exhibit A (Amended Consent Decree). WHEREAS, the corporate authorities do hereby find that the execution and :mplementation of the Consent Decree Amendment is m the best interest of the Village of Mount Prospect and its citizens. NOW~ THEREFORE~ BE IT ORDAI'NED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS~ IN THE EXERCISE OF ITS HOME RULE POWER5~ as follows: SECTION ONE: The corporate authorities of the Village of Mount Prospect find that the Amended consent Decree (Exhibit A) is in the best interests of the Village of Mount Prospect and should be executed and implemented to further said Interests. SECTION TWO: The President and Clerk of the Village of Mount Prospect are hereby authorized) directed and empowered to execute the Amended Consent Decree (Exhibit A) on behalf of the Village. The Village Manager, attorneys and staff are hereby authorized) directed and empowered to perform all action necessary to implement and give effect to the Amended Consent Decree. SECTION THREE: This Ordinance shall be in full force and effect from and after its passage~ approval and pubhcatlon in pamphlet form in the manner provided by law. AYES: Arthur, Farley, Floros, Murauskis, Van Geemr Wattenberg NAYS: None ABSENT: None PASSED and approved this 15th day of March , 1988. aroiyn H. ~K rause V:llage President ATTEST: Carol A. Fields V:llage Clerk illage Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: FROM: RE: PLANNING & ZONING INSPECTION SERVICES ENGINEERING PUBLIC WORKS CAROL A. FIELDS LEXINGTON DEVELOPMENT - OLD ORCHARD COUNTRY CLUB EXECUTED CONSENT DECREE DATE: SEPTEMBER 17, 1991 Attached is a copy of the Amended Consent Decree govern the Lexington Development within the Old Orchard Country Club (also known as Sporty Nine). This amended Consent Decree has been agreed to by all parties and entered by the Judge. Does the change to include townhomes rather than the coach homes require another Amendment to the Consent Decree? Carol A. Fields Village Clerk caf/ cc: John Fulton Dixon ARRy A~H Ms. Carol A. Fields Village Clerk Village of Mount Prospect 100 South Emerson Street Mount Prospect, IL 60056 July 10, 1991 JUL 1 2 1991 RE: Lexington - Old Orchard Development Our File No: 91-8 Dear Carol: I am pleased to enclose herewith the amended Consent Decree which has finally know been entered with respect to the action taken by the Board in 1988 approving the amendment to the Lexington plan. If you require anything further, kindly advise. Thank you. Very truly yours, LMF:gkf Enclosure cc: Mr. William Rotolo Mr. Jordan I. Shifrin Mr. William Ryan ASH, ANOS, F~EEDMAN & LOGAN BY: La~ ~ ' '- LMF:GKF: NTDE.C2 IN THE CIRCUIT COURT OF COOK COUNTY, I?~NOIS COUNTY DEPARTMENT - CHANCERY DIVISION CHICAGO TITLE ANDTRUST COMPANY, Trustee under Trust Agreement dated May 4, 1955 and known as Trust Number 37533, Plaintiff, and CHICAGO TITLE ANDTRUST COMPANY, Trustee under Trust Agreement dated December 5, 1975 and known as Trust Number 1067116, MARSHATW. TURNER, individually, THE BOARDS of DIRECTORS OF THE FOLLOWING ASSOCIATIONS: COLONY COUNTRY ON OLD ORCHARD, COLONY COUNTKY OF ANNEX, COLONY COUNTKY ON YARMOUTH, COLONY COUNTKY ON WIMBOLTON, ORCHARD VAT~ ESTATES HOMES, ORCHARD VALUE MIDRISE, COLONY COUNTKY ON PARLIAMENT and COLONY COUNTKY COMMUNITY ASSOCIATION, FREDIANI DEVELOPERS, INC. and LEXINGTON DEVELOPMENT CORPORATION, Plaintiffs-Intervenors, VS · VITW~GE OF MOUNT PROSPECT, a municipal corporation, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. ) ) ) ) ) ) 65 CH 5300 CONSENT DECREE AMENDMENT WHICH MODIFIES THE PLAN OF DEVELOPMENT FOR A PORTION OF THE PLANNED UNIT DEVELOPMENT WHICH IS LOCATED WESTERLY OF SCHOENBECK ROAD WHEREAS, the VILLAGE OF MOUNT PROSPECT, Defendant, has heretofore approved a Planned Unit Development under the terms of a Consent Decree entered in this cause on May 11, 1971, which Planned Unit Development plan was modified pursuant to the terms and conditions of Amended Consent Decrees entered herein on April 28, 1972, February 19, 1987, and April 6, 1988; and WHEREAS, the property subject to said approved Planned Unit Development, as amended aforesaid, includes the Subject Property (as defined in the Amendment dated April 6, 1988) and other property all of which is depicted on Exhibit B, as amended, Exhibit B, as and WHEREAS, proposed attached to the April 28, 1972 Amendment, which amended, is hereby incorporated by reference; Lexington Development Corporation, being the Developer and Contract Purchaser of the Subject Property as defined in the Amendment dated April 6, 1988 is also the Contract Purchaser to certain real estate commonly known as 415 West Camp McDonald Road, Mount Prospect, Illinois, hereinafter described as follows: The North 300 feet of the West 160.00 feet of the East 910.00 feet of the East 1/2 of the Northeast 1/4 of Section 28, Township 42 North, Range 11, East of the Third Principal Meridian in Cook County, Illinois, which real estate is hereinafter referred to herein as "the -2- Additional Property"; and WHEREAS, a Petition seeking a special use to develop the Additional Property in accordance with the Planned Unit Development heretofore approved for the Subject Property was heard by the Zoning Board of Appeals of the Village of Mount Prospect, Illinois on August 25, 1988 as Case No. ZBA 53-SU- 88, whereby, the said Lexington Development Corporation sought to include the Additional Property in the aforesaid Planned Unit Development and increase the number of units to be developed pursuant to said Planned Unit Development from 332 units to 344 units; and WHEREAS, the aforesaid Petition was approved by the Board of Trustees of the Village of Mount Prospect and ordinance no. 3940 approving same was duly enacted on October 10, 1988 by said Village subject to the entry of the within Amendment; and WHEREAS, it is the intent of all parties hereto that this Amendment to said Consent Decree, as amended aforesaid, shall, except as specifically provided otherwise herein, be applicable only to the Subject Property which is depicted in the Amendment of April 6, 1988 as well as to the Additional Property, hereinafter described; and WHEREAS, this matter having come to this Court upon the agreement of the Plaintiff, the Plaintiffs-Intervenors and the Defendant to amend the terms and conditions of said Consent Decree, as amended aforesaid, and the Court being -3- fully advised in the premises that this Amendment to the Consent Decree, as amended, be presented to this Court for its approval and entry; and WHEREAS, said parties have represented to this Court that notice has been given to all parties of record herein, through their attorneys, of the intent of the parties in agreement hereto to present to this this Amendment to said Consent Decree, ORDER Court, on this date, as amended aforesaid. NOW, THEREFORE, upon the CONSENT and AGREEMENT of the Plaintiff, all of the Plaintiffs-Intervenors and the Defendant, this Court FINDS and ORDERS as follows: 1. This Court has Jurisdiction of the subject matter of this action and of the parties thereto, and has jurisdiction and authority to enter this Decree. 2. That the terms, provisions and findings of the Preamble hereof are hereby incorporated by reference as if fully set forth herein. 3. That this Decree, being a further Amendment to the Consent Decree entered herein, as amended aforesaid, is, except as specifically provided otherwise herein, applicable only to the Additional Property and the Subject Property which is legally described in the Amendment to the Consent Decree dated April 6, 1988. -4- That the provisions of this Decree, except as specifically provided otherwise herein, shall have no force or effect upon any other portions of the property subject to the original Consent Decree entered herein, on May 11, 1971, or the Amendments thereto entered herein on April 28, 1972, February 19, 1987, and April 6, 1988, respectively. For the purposes of this Consent Decree Amendment it is agreed that all references to the Subject Property shall hereinafter be deemed to include the Subject Property as defined in the Amendment of April 6, 1988 as well as the Additional Property as heretofore described herein. Furthermore, all references to the Site Plan shall hereinafter be deemed to mean the plan attached hereto as Exhibit Ia and all notations thereon as specifically incorporated by reference herein, as well as Exhibit I to the Site Plan as attached to the Amendment of April 6, 1988. To the extent that Exhibit Ia modifies Exhibit I, it shall be deemed to supersede Exhibit I. All other supporting documentation, including but not limited to the Engineering Plan, Landscape Plan, Conceptual Architectural Design, Temporary Model Plan, Sign Plan, and Separation Specifications shall be deemed amended accordingly to also include and be -5- applicable to the Additional Property. The Subject Property, including the Additional Property described herein, may be developed to contain a maximum of 344 units as depicted iht he site plans identified as Exhibit I and Exhibit Ia. It is agreed between the parties that any fees or development costs, as required by Village code, associated with the construction of the twelve additional units, which are the subject of this modification, shall be paid in full, without exception. It is the intention of the parties hereto by execution of the within Amendment to amend the Amendment dated April 6, 1988 for the purpose of including the Additional Property in the Planned Unit Development and including same in the Approved Plan and to furthermore thereby increase the total number of units which can be developed on the Property, including the Additional Property to 344 units. In such regard, wherever any of the provisions of the Amendment of April 6, 1988, or any of the exhibits thereto are inconsistent with the express terms of this Amendment, this Amendment shall terms April be construed to be controlling. All of the and conditions contained in the Amendment of 6, 1988 not inconsistent with the terms of -6- his Amendment shall remain unmodified and in full force and effect. Dated this APPROVED: day of ENTER: Judge PLAINTIFF: APPROVED: CHXCASO T'rT.~,~ under Tru~ ~ known ~t ,988 ZOMPANY, Trustee May 4, 1955 and SAID PLAINTIFF'S ATTORNEY: EDWARD L. LEMBITZ Sonnenschein, Carlin, Nath & Rosenthal 8000 Sears Tower Chicago, IL 60606 Date: APPROVED: PLAINTIFF-INTERVENOR: CHICAGO TITLE AND TRUST COMPANY, as Trustee under Trust Agreement dated December 5, 1975 as Tru~s t~~~ kn?wn ~C~ PRES~D~k~_' PPROVED: SAID PLAINTIFF-INTERVENOR'S ATTORNEY: EDWARD L. LEMBITZ Sonnenschein, Carlin, Nath & Rosenthal 8000 Sears Tower Chicago, IL 60606 Date: APPROVED: PLAINTIFF-INTERVENOR: MARSHALL TURNER MARSHALL TURNER Date: APPROVED: PLAINTIFF-INTERVENORS: THE BOARDS OF DIRECTORS OF THE FOLLOWING ASSOCIATIONS: COLONY COUNTRY ON OLD ORCHARD, COLONY COUNTRY OF ANNEX, COLONY COUNTRY ON YARMOUTH , COLONY COUNTRY ON WIMBOLTON, ORCHARD VALE ESTATES HOMES, ORCHARD VALE MIDRISE, COLONY COUNTRY ON PARLIAMENT and COLONY COUNTR~O~I~~ATION, by -8- PPROVED: ~ORD. AN I..SHI. FRIN . ,~/// Kovitz Shifrin .& Waitzman /~// 3436. North Ke. nnicott, Suite 150 v Arlington Heights, Illinois 60004 Date: APPROVED: DEFENDANT: VILLAGE OF MOUNT PROSPECT, a municipal ~erald~:/ F~rley, - ~ Villa~ President Date, %77/~/ ./ ./ C~OL A. FIELDS, Village Clerk Date, ~¢~/ -9- PPROVED: SAID DEFENDANT'S ATTORNEYS: Date: WILLIAM E. RYAN Burke & Ryan 33 North Dearborn Street Suite 402 Chicago, IL 60602 Date: APPROVED: LEXINGTON DEVELOPMENT CORP., Date: APPROVED SAID LEXINGTON DEVELOPMENT CORP.'S ATTORNEYS: AS H ,~ ASH, ANOS, FREEDMAN & LOGAN 77 West Washington Street Suite 1211 Chicago, IL 60602 (312) 346-1390 -10- ***LEXINGTON CONSENT DECREE*** SUBJECT BILL OF SALE BUILDING CODE BUILDING PERMITS BUILDING SET BACK LINES CAMP McDONALD ROAD CERTIFICATE OF OCCUPANCY COLONY COURT APARTMENTS CONFLICT COOK COUNTY COOK COUNTY HIGHWAY DEPARTMENT DEVELOPMENT CODE DWELLING UNIT ENVIRONMENTAL PROTECTION AGENCY FEES , FINAL PLANS I.D.O.T. LANDSCAPE PLANS' LIFE SAFETY SYSTEM METROPOLITAN SANITARY DISTRICT OFF-SITE EXTENSIONS(WATER/SEWER) OLD ORCHARD COUNTRY CLUB ON-SITE EXTENSIONS(WATER/SEWER) PARKING PLAT OF DEDICATION PLAT OF VACATION PRELIMINARY PLANS PUBLIC ROADWAY IMPROVEMENTS RAND ROAD RECREATIONAL AMENITIES SCHOENBECK ROAD SIDEWALKS S IGNALt ZATION SIGNS SPEC IFICATIONS STORM WATER RETENTION STREET LIGHTS TEMPORARY MODEL AREA TRAFFIC ENGINEER UNITED STATES GEOLOGICAL SURVEY VILLAGE ENGINEER VILLAGE MANAGER PAGE LOCATION 12,13 13,19,21,22,23,25 13 13,14,15,18,19,26,33 21,25,26,27,28,29,30 18 29,35,36,37 12,15,16,17,18,23 17,33 29 19,20,26 12 21,22 08,09,10,11,12,18,21,23,28,30,31 12,13,14,17,18,23,25 ~ 08,28,32 28 12,32 11,12,13,23,26,27,29,31,33 5 11,23,26,27,29,31,33 20,31 15,16,17,22,23,24,25,27 15,16,17,22,23,24,25,27 08,12,17,18,21,23 15,16,24,25,28,29 13,14,15,17,20,23,24,25,27,28 20,22 02,03,13,14,15,16,17,18,23,24,25,26,27,28 18,19,20,29 15,17,18,23,25,27,28 28 17,21,23,24,27 11,29,31,32 13,14,26,27,32 16 06,11,12 12,30 09,10 LMF: G~F: COURT: CONSN?DE o CRE ~ (" , 1988 IN THE CIRCUIT COURT OF COOK COUNTY, ~T.?.?NOIS COUNTY DEPARTMENT - CHANC~K¥ DIVISION CHICAGO TITLEANDTRUST COMPANY, Trustee under Trust Agreement dated May 4, 1955 and known as Trust Nt~mher 37533, Plaintiff, and CHICAGO TITLEANDTRUST COMPANY, Trustee under Trust Agreement dated December 5, 1975 and known as Trust N~mher 1067116, MARSHA?~. TURB~(, individually, THE BOARDS of DIRECTORS OF 'r-~. FO?.~nWING ASSOCIATIONS:) COLONY COUNTRY ON OLD ORCHARD, COLONY COUN'£~Y OF ANNEX, COLONY COUNTRY ON YARMOu'£a, COLONY COUBx*tY ON W"/I~BOLTON, OR~qRD V~t?.~- ESTATES HOMES, OR'WARD VALUE MIDRISE, COLONY COUI~'£KY ON pA.~T.T~NT and COLONY COUB'£g¥ COMMUNITY ASSOCIATION, FREDIANI DEVELOPERS, INC. and LEXINGTON DEVELOPMENT CORPORATION, Plaintiffs-Intervenors, vs. VITa&GE OF MOUNT PROSPECT, a municipal corporation, Defendant. ) ) ) ) ). ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) NO. 65 CH 5300 CONSENT DECREE AHENIIMENT WHICH MODIFIES THE PLAN OF DEVELOPMENT FOR A PORTION OF TI~Z PIANNEDUNIT DEVELOPMENT WHICH IS LOCA'r~D WESTERLY OF SCHOENBECKROAD WHEREAS, the VILLAGE heretofore approved terms of a Consent Decree 1971, which Planned Unit pursuant to the terms Decrees entered herein 1987; and WHEREAS, the Unit Development, OF MOUNT PROSPECT, Defendant, has a Planned Unit Development under the entered in this cause on May 11, Development plan was modified and conditions of Amended Consent on April 28, 1972 and February 19, property subject to said Property as amended aforesaid, (hereinafter legally described) approved Planned includes the Subject and other property, all of which is depicted on Exhibit B, as amended, attached to the April 28, 1972 Amendment, which Exhibit B, as amended, is hereby incorporated by reference; and WHEREAS, a Petition seeking further modification of said Planned Unit Development was filed on November 13, 1987 with the Village by Lexington Development corporation, 'being the proposed Developer and Contract Purchaser of that portion of the property lying Westerly of Schoenbeck Road/ which is subject to this Amendment. Said Petition was filed on behalf of the Plaintiff, the Intery. ening Plaintiff, CHICAGO TITLE AND TRUST as Trustee under Trust Agreement dated December 5, 1975 and known as Trust Number 1067116, being the title holder of that portion of the property subject to the Consent Deoree, amended as aforesai~, which lies Westerly of -2- ~ARSHALL Schoenbeck 'Road, and the Intervening Plaintiff, TURNER, being the Contract Purchaser of that portion of the property lying Westerly of Schoenbeck Road which is subject to this Amendment~ and WHEREAS, Defendant, Plaintiff and Intervening Plaintiffs have agreed to the entry of this Order~ and WHEREAS, the Petition filed with the Board of Trustees of the VILLAGE OF ~OUNT PROSPECT, and this Amendment to the Consent Decree and the Planned Unit Development is, except as specifically provided otherwise herein, applicable only-to that portion of the property which is depicted on the Site Plan attached hereto as Exhibit I and which is legally described as follows: All that part of Lot I in Old Orchard Country Club Subdivision being a Subdivision of part of the Northwest 1/4 of Section 27 and part of the East 1/2 of the Northeast 1/4 of Section 28, both in Township 42 North, Range 11, East of the Third Principal Meridian, according to the Plat thereof recorded as Document No. 21895678, lying Northwest of a line drawn perpendicular to the Southwesterly line of Lot i and passing through a point 409.96 feet Northwest of the Southeast corl~er of LOt I all in Cook County, I11inois~ which is hereinafter referred to as' the mSubject Property"~ WHEREAS, it is the intent of all parties .hereto that and this Amendment to said Consent Decree, as amended aforesaid, shall, except as specifically provided otherwise herein, be applicable only to the SubjeCt Property which is depicted on -3- the attached Exhibit to any other property~ WHEREAS, this matter agreement of the the Defendant to and not and legally described herein and having come to this Court upon Plaintiff, the Plaintiffs-Intervenors amend the terms and conditions of the and said Consent Decree, as amended aforesaid, and th~ Court being fully advised in the premises that this Amendment to the Consent Decree, as amended, be presented to this Court for its approval and entry~ and WHEREAS, said parties have represented to this Court that notice has been given to all parties of record herein, through their attorneys, of the intent of the parties in agreement hereto to present to this Court, on this date, this Amendment to said Consent Decree, as amended aforesaid. ORDER NOW, THEREFORE, upon the CONSENT and AGREEMENT of the Plaintiff, all of the Plaintiffs-Intervenors and the Defendant, this Court FINDS and ORDERS as follows: 1. This Court has jurisdiction of the subject matter of this action and of the parties thereto, and has jurisdiction and authority to enter this Decree. 2. That the terms, provisions and findings of the Preamble hereof t are hereby incorporated by reference as if fully set forth herein. 3. That this Decree, being a further Amendment to the Consent Decree entered herein, as amended -4- aforesaid, is, except as 'specifically provided otherwise herein, applicable only to that property which is legally described herein and depicted on the Site Plan attached as Exhibit I. That the provisions of this Decree, except as specifically provided otherwise herein, shall have no force or effect upon any other portions of the property subject to the original Consent Decree entered herein, on Hay 11, 1971, or the Amendments thereto entered herein on April 28, 1972, and on February 19, 1987, respectively. That only with respect to that Property, which is legally described herein and depicted on the Site Plan attached as Exhibit I, all terms and provisions of the Consent Decree entered herein on entered Hay 11, 1971, and the Amendments thereto herein on April 28, 1972 and February 19, and are hereby amended, in their entirety. 1987 be For the purposes of this Consent Decree Amendment it is agreed that the following word/s shall have the following definitions: A® Subject Property· The Subject Property means the Property depicted on said Exhibit I which property is legally described as: All that part of Lot I in Old Orchard County Club Subdivision, being a Subdivision of part of the Northwest 1/4 of Section 27 and -5- part of the East 1/2 of the Northeast 1/4 of Section 28, both in Township 42 North, Range 11, East of the Third Principal Meridian, according to the Plat thereof recorded as Document No. 21895678, lying Northwest of a line drawn perpendicular to the Southwesterly line of Lot 1 and passing through a point 409.96 feet Northwest of the Southeast corner of Lot i all in Cook County, Illinois. Developer. Developer means the Developer of the Subject Property or his/its successors and assigns to all or any portion of the Subject Property. Village. Village means the Village of Mount Prospect, a municipal corporation of the State of Illinois. Site Plan. Site Plan mea~s the hereto as Exhibit I and thereon. Plan attached all notations Engineering Plan. Engineering Plan means the Plan attached hereto as Exhibit II, and all notations thereon. Landscape Plan. Landscape Plan means the Plan attached hereto as Exhibit III, and all notations thereon. Conceptual Architectural Design. Conceptual Architectural Design means the artist~s rendering attached hereto as Exhibit IV depicting the exterior appearance of a building, and all notations thereon. Date of Entry. Means the date this Consent Decree is signed by a Judge of the Circuit Court of Cook County. U.S.G.S. Means United States Geological Survey. Grade. Grade means the point of elevation established by the height of the finished first floor of each structure, provided no grade elevation shall exceed "690.0 U.S.G.S. Datum". -6- © ~tnor Changes. ~inor Changes means only such change/s of design/s, location/s and dimension/s of that depicted and noted on Exhibits I through V which are necessitated by Final Engineering, Architectural and Landscaping Plans in accord with Paragraph 7. hereof. Final Plans, Final Plans means the Final Plans as approved by the Village of Mount Prospect which replace the Preliminary Plans. M. Unit - A manor home residence located in a building as depicted on Exhibit I. N. Temporary Model Plan. Temporary Model Plan means Exhibit V attached hereto. O. Sign Plan. Sign Plan means Exhibit VI attached hereto. P. Separation Specifications. Separation Specifications means Exhibit VII attached hereto. 7. Village hereby approves the Amendment to the Planned Unit Development so that the Subject Property may be developed in accord with Exhibits I through VII and in accord with the terms and provisions hereof, except for Minor Changes, as that term is defined herein, approved by the Village. it is agreed that more than one principal building may be constr~cted on the Subject Property - this project being a Planned Unit Development. Developer agrees that the development of the Subject Property shall be developed in accord with Exhibits through VII, and the terms and provisions hereof, except for Minor Changes approved by the Village. Village and Developer recognize and agree that Exhibits ! through VII, are not final and that the Final Engineering, -7- Architectural and Landscape Plans ~tll be based on extensive field measurements, soil borings, architectural, design criteria (including design, of all parking areas and facilities) earth balancing, final landscaping and flood control considerations, etc., none of which have yet been finalized. Consequently, it is recognized and agreed by Village and Developer that Exhibits I, II, III, IV, V, VI, and VII attached hereto are preliminary, in the aspect of the exact design, locations or dimensions of what is depicted and noted on each such Exhibit. Accordingly, it is agreed that any change/s, necessitated by final Architectural, Engineering or Landscaping Plans, with respect to Final design, locations and dimensions, between the Preliminary Plans attached hereto as aforesaid, and the Final Plans (which shall be prepared in accord with generally accepted professional Engineering, Architectural and Landscaping practices and procedures and follow the design concept reflected in the Preliminary Plans) shall be deemed Minor Changes. Under no circumstances shall any increase in the permitted height of the buildings or the n~m~er of permitted dwelling units on the Subject Property, a decrease in the ratio of the number of parking spaces to be provided per unit, or the proposed ~aterials which are generally described for the exterior of the structure, or a decrease in the setbacks from the perimeter property lines or retention basins below that -8- sp.ecified herein, all as set forth herein, be deemed a Minor Change. Once each such Final Plan has been so prepared, and signed and sealed by the professional preparing same and approved by the Village, ~it, and not the Preliminary Plan which it replaces, shall depict and detail the Final Design, location of, ,and construction of the various components and stages of the development of the Subject Property. Village and Developer agree that 'the approval of each such Final Plan/s does not require any further hearings before any Board or Commission of the Village and that Developer need not comply with the procedures of the Village for modifications of a Planned Unit Deve19pment for the Village Board of Trustees to consider such Final Plan/s and that the procedure to be followed for the approval of such Final Plan/s is: A. Each such Final Plan shall be submitted to the Village Manager. If any such Plan has a Minor Change/s same shall be noted on such Plan and the basis such Minor Change/s shall .be detailed by ~ letter of accompanying the Design Consultant who prepared such Plan/s. B. The Village Manager shall submit such Plan/s to the Board of Trustees with a letter recommending approval or disapproval of the Plan/s, and a copy of which letter shall also be sent ~o Developer. C. Within thirty (30) days of such Plan/s being submitted to the Village Manager the Village Board of Trustees shall approve or disapprove such Plan/s. D. If the Board of Trustees disapproves of any such Plan/s it shall provide in writing all the reason/s for such decision/s. If such reason/s --9-- are agreed to by Developer it may take such actton/s as ts necessary to satisfy such reason/s and then submit a corrected/revised, etc., Plan/s to the Village Manager. Within fourteen (14) days of receipt of any such corrected/revised, etc., Plan/s the Village Manager shall either approve or disapprove such Plan/s and give Developer written notification of such action, provided any letter/s of disapproval shall specify the reason/s for such decision/s. If such reason/s are agreed to by Developer it may make such further corrections/revisions, etc. as are necessary to satisfy such reason/s and then submit a so further corrected/revised Plan/s to the Village Manager who shall, within fourteen (14) days of receipt of such further corrected/ revised Plan/s approve or disapprove same, and vive Developer written notice of such action, provzded any letter/s of disapproval shall specify the reason/s for such action. 8. That with respect to the development of the Subject Property and the Final Plan for each of the component parts of such development the following Agreements, Standards, Conditions and Restrictions shall be observed and adhered to: A. HEIGHT. DENSITY. UNIT SIZE/S. UNIT MIX. (1) Height. Buildings shall not exceed two (2) stories in height. (2) Density. Maximum Density. The Subject Property may be developed to contain a maximum of 332 u~its, with a Floor Area Ratio not to exceed .41 as depicted on Exhibit I. (3) Unit Size. The units meet the following requirements: shall he constructed to minimum square foot Unit Type A - ~ Bedroom Minimum Souare Foot 1,200 B - 2 Bedroom 1,307 C - 2 Bedroom 1,336 -10- Bedroom 1,419 E - 3 Bedroom 1,584 (4) Unit Mix: A two bedroom and den shall be counted as a three bedroom unit. The Subject Property shall contain no more than 266 two- bedroom units or 166 three-bedroom units. B. ~DDENDAS TO EXHIBIT II. (1) It is agreed that the off-site extensions of water and sewer ma%ns may not be located within the areas depicted on Exhibit II with the actual location of such extensions to be determined by Final Engineering Plans to be prepared by Developer and approved by the Village. (2) It is agreed that the notation stating dedication to the Village of Mount Prospect of all lines on Exhibit II shall be modified to state: "ALL OFF-SITE WATER AND SANITARY MAINS SHOWN TO BE DEDICATED TO THE VILLAGE OF MOUNT PROSPECTs C. STORM WATER RETENTION. The Subject Property sh~ll be provided with storm water detention/retention facilities which comply with the requirements of the Metropolitan Sanitary District of Greater Chicago. The Developer shall have the obligation to maintain these improvements after the construction of same. The storm water detention and retention areas are depicted on the Preliminary Plan and shall be depicted o~ the Final Engineering Plans and s~ch areas shall be sub3ect to Open Space qovenants, which covenants shall be provided in accord with Paragraph M hereof. It is agreed that the following criteria shall be applicable to Final Engineering and development of the Subject Property: (s) Storm water retention design criteria shall be prepared using a composite co-efficient of run-off consistent with a release rate of .15 cfs per acre. (2) 673.0 U.S.G.S. is the existing 100 Year Flood Plain elevation of the area of the Subject Property tributary to the Southerly retention area. -11- (3) 671.0 U.S.G.S. is the existing 100 Year Flood Plain elevation for the remaining portion of the Subject Property. D. ~XTENSION OF WATER AND SEWER SYSTEMS. The Developer agrees that in conjunction with the development of the Subject Property, the on-site extensions of water and sanitary sewer mains shall be substantially in accord with that depicted on the Preliminary Engineering Plan, attached hereto as Exhibit II; which Plan shall note that only off-site (outside of the subject property) mains are to be dedicated by the Developer and accepted by the Village. The Village, shall, upon receipt of a Bill of Sale transferring to the Village the free and clear ownership of the mains and their components parts, accept all off-site extensions, in accord with this agreement, of these utility mains and after acceptance thereof shall assume the maintenance and repair responsibilities therefor. Developer agrees that all such extensions shall be constructed within public right-of-way or in areas subject to currently existing or to be created permanent easements which shall be dedicated,, granted or assigned to the Village of Mount Prospect. On-site water and sanitary sewer mains shall be in private ownership and privately maintained. Extensions of water and sanitary sewer mains will only be allowed upon approval of Final Engineering Plans and receipts of permits and approvals from the E.P.A., M.S.D., I.D.O.T., and Cook County, where applicable. Village agrees that, if Developer constructs off-site extensions of water mains in accord with Final Engineering Plans, an adequate supply of water under adequate pressure to comply with the minimum standards of the Environmental Protection Agency will be delivered to the Subject Property. Village does not object to Developer's connection of the off-site extensions of the sanitary sewer main and the water mains ~hich currently terminate at or about the locations depicted on Exhibit II. The Village can make no representations regarding sanitary sewer capacity because of reliance on Metropolitan Sanitary District mains and treatment facilities. Developer will ensure that in the Final Design of and in the actual construction of improvements on the ~ubject Property, that adequate flow in sanitary sewers w111 be maintained throughout the Subject Property and that water pressure inside structures shall be maintained (minimum as established by E.P.A.) for adequate water service in all units. If~n the opinion of the Village Engineer any sewerage lift stations are required, same shall be installed by the Developer and shall be maintained in perpetuity by the -12- · Condominium Association to be formed ("Association") until the formation of the Association by Developer. and The water and sewer mains to be installed off-site by Developer shall be offered for acceptance to the Village at such time as, or subsequent to, the existing water and sewer mains to which they are to be connected being offered by the Owner/s thereof for "AS-IS" condition acceptance by the Village. Upon presentation of location maps of existing mains to be accepted, easements for said mains and providing access across the private property to reach said mains, as built drawings properly locating said mains and a Bill of Sale for the mains and all appurtenances, the Village shall accept the said mains in "AS-IS" condition. The Developer shall not be obligated to arrange for "as built" drawings, easementsfor maintenance, access, etc., or a Bill/s of Sale for such existing mains, and their appurtenances. E. BUILDING SETBACK LINES. Structures to be constructed on the Subject Property shall have minimum setback distances from property lines as depicted in the Site Plan attached hereto as Exhibit I. setback In recognition of .the fact that some of the, . lines are established with respect to the existing location of the right-of-way boundaries of the public roadways which are adjacent to the Subject Property, it is agreed that if .any portion of ~he Subject Property ~e acquired for additional public rlght-of-way/s prior to issuance of a building permit fo~ any structure/s which, per Exhibit I, has a setback dimension measured from any existing right-of-way line, the following will be the minimu~ permitted setbacks for any structures, after any such right of-way acquisition: (1) For Schoenbeck Road: Twenty-five (25') feet; (2) For Rand Road: Thirty (30') feet; (3) For Camp McDonald Road: Thirty (30') feet. F. STREET LIGHTING. Developer shall, in conjunction with the development of the Subject Property, provide at its sole cost, and after the issuance of necessary permits, the following street lighting: (1) Rand Road (U.S. Route 12). If, within ten (10) years from the date of entry thereof, the Illinois Department of Transportation issues a permit,which authorizes street lights to be installed on that portion of Rand Road (U.S. Route 12) which lies within the Village between~ the present western -13- (2) (3) (4) (s) All p~rsuant shall be boundary of the Village and Route 83, and within said ten (10) years the Village enters into a contract for the installation of street lights on said portion of Rand Road lying within the Village, Developer shall pay fifty (50%) percent of the cost to install such permitted lights on either one or both sides of that portion of Rand Road (U.S. Route 12) contiguous to the Subject Property. If such permit is not issued by the Illinois Department of Transportation and if said contract is not entered into by the Village within said ten (10) year period the Developer's obligation to pay for such street lighting on Rand Road shall terminate. In conjunction herewith, the Developer agrees to post with the Village, as security for the installation of said street lights, a letter of credit in e form acceptable to the Village for the estimated cost of same, which letter shall be renewed annually and increased to reflect increased costs, if any; Intersection of Schoenbeck Road and Camp McDonald Road. One (1) street light which complies with the applicable requirements of the governmental unit specified by the Village; Intersection of Schoenbeck Road (as relocated) adjoining Rand Road (U.S. Rt. 12). One (1) street light which complies with the applicable requirements of the governmental unit specified by the Village; and Decorative lighting at entryway to Subject Property. At the entrance to the Subject Property off Schoenbeck Road the Developer shall install decorative lighting with adequate illumination which shall be of such design as the Developer and Village shall agree, and the Village will not ugreasonably withhold its consent. If Village withholds its consent, Developer may locate such lights within the Subject Property, provided that adequate illumination is maintained. Lights on all private streets at all intersections and cul-de-sacs only, except where the length of curves in such streets reasonably requires additional lights in order to comply with good engineering practices. street lights 16cared in the public right-of-way to the preceding subparagraphs (1), (2) and (3) maintained by the Village, and Developer shall not -14- be required to thereafter operate such street lights. maintain, repair, replace or G. ~UBLIC ROADWAY IMPROVEMENTS. Generally. In conjunction with the development of the Subject Property, and subsequent to the issuance of necessary permits, etc., the Developer shall make the following improvements to the public roads which abut the Subject Property: (a) Relocation (realignment) of Schoenbeck Road so that it will intersect Rand Road (U.S. Route 12) at a right angle. (b) Signalization of the intersection of relocated Schoenbeck Road with Rand Road (U.S. Route 12). (c) Relocated Schoenbeck Road to be widened to three (3) lanes from its intersection with Rand Road (U.S. Route 12) to the Schoenbeck Road entryway to the Subject Property. (Such widening shall not include curb and gutter). Developer shall dedicate four (4') feet of its property for the widening of Schoenbeck Road so that the right-of-way of Schoenbeck Road is seventy-six (76') feet. (2) Relocation and Improvements/Schoenbeck Road. Village and Developer recognize that the relocation and subsequent improvement .of Schoenbeck Road, as relocated, shall require that Developer shall cause the area of the relocated roadway right-of-way to be dedicated for public use as a roadway, (with a seventy- six (76') foot right-of-way from the newly aligned intersection of Rand Road and relocated Schoenbeck Road north to the intersection of Camp McDonald Road and Schoenbeck Road) that the ,existing right-of-way for that portion of existing Schoenbeck Road to be relocated is to be subject to a Plat of Vacation from use for public purposes and that the County of Cook must approve such Plats of Vacation and ,Dedication, and the roadway improvements of relocated Schoenbeck Road. -15- (3) Village and Developer agree that Diveloper shall not be required to construct the roadway' improvements for relocated Schoenbeck Road until an agreement has been secured with the County of Cook to accept the required Plat of Dedication and to execute and record the required Plat of Vacation upon the completion and approval of the roadway improvements, etc., of that portion of Schoenbeck Road to be relocated. Developer agrees to prepare, at its cost, all necessary and applicable Engineering Plans, Specifications, Plats, etc., which are required to obtain such approvals of the County of Cook and Village agrees to co-operate with the Developer in seeking such approvals from the County of Cook. Subsequent to obtaining such approvals from the County of Cook, Developer shall, at no cost to .Village, cause the construction of roadway Improvements for relocated Schoenbeck ,Road. Both Plats shall be in the form and content required by law to effect such Dedication and Vacation of land. The Plat of Dedication shall dedicate the property subject thereto to the County of Cook or that unit of government as specified by the County. The Plat of Vacation shall not prevent the title to the property subject thereto from vesting in the Owner of the contiguous property/properties. Potential other improvements to Schoer~beck Road. It is acknowledged and agreed that any further improvements to Schoenbeck Road, other than those 'described above, may be necessary at the time of the proposed developmentof other property subject to the existing Consent Decree but which other property lies East of the Subject Property. The nature and extent of any such other agreed improvements shall be as to by the owner of the such other property and the Village, based upon recommendations contained in a traffic study, paid for by the foregoing owner, performed by a Traffic Engineer acceptable to the Village and such owner. It -16- is further agreed that any ad~itional improvements to Schoenbeck Road necessitated by the development of that property shall be paid for by such owner. H. TRAFFIC SIGNALIZATION OF RELOCATED SCHOENBECK ROAD INTERSECTION WITH RAND ROAD fU.S. ROUTE 12~. Developer shall, in conjunction with the development of the Subject Property, signalize the newly created intersection of Schoenbeck Road and Rand Road (U.S. Route 12) in accord with the standards of the Illinois Department of Transportation. Such signalization shall include the Opticom R. System on the new traffic signal and occur subsequent to being so warranted by the Illinois Department of Transportation. The Village agrees to initiate the request for the warrant and to assist Developer in obtaining any required permits, etc., from the State and the County of Cook. ~ Developer agrees to cause all necessary Preliminary Engineering Plans and Specifications, Plats and applications] etc., applicable and necessary for the relocation of Schoenbeck Road, and the signalization of the intersection of relocated Schoenbeck Road and Rand Road (U.S. Route 12) to be prepared within one hundred and twenty (120) days from the date of issuance of the 1st Building Permit authorizing construction of a dwelling unit on the Subject Property. Such Plans and Specifications, etc., shall be considered Preliminary until approved by the appropriate jurisdiction over each part of such roadway improvements. Such Plans and Specifications, etc., shall be submitted with Developer's Civil Engineer's Certification that they have been prepared in accord with all kno~n applicable requirements of the Cook County Highway Department and/or the Illinois Department of Transportation and/or the Village. If Developer does not prepare and submit to Village the above described Preliminary Engineering Plans, Specifications, Plats, applications, etc., within the specified one hundred twenty (120) day period, Village may issue an Order stopping all construction and development on the Subject Property, until such time as such above described Plans, Specifications, Plats and applications have been submitted. Until such time as all appropriate governmental units shall have agreed to accept the Plat of Dedication, and to execute and record the required Plan of Vacation upon completion and approval of the roadway improvements of that portion of Schoenbeck Road to be relocated, and have approved the Preliminary Engineering Plans, etc., Developer -17- shall not be required such improvements. to prepare Final Engineering Plans for Subsequent to receiving approval of Preliminary Engineering Plans, etc., as specified herein, the Developer shall prepare such Final Engineering Plans as may be necessary to cause said relocation, which, Final Plans shall be completed and submitted for final approval within one hundred twenty (120) days from the date of receipt of preliminary approval-. Subsequent to receiving approval of Final Engineering, etc., the Developer shall commence construction of the relocation of Schoenbeck Road within six (6) months after receiving final permits from Cook County, the Illinois Department of Transportation and any other governmental agency whose permit is required for such roadway relocation. It is agreed that Developer shall not be required to provide such signalization until: All necessary permits, approvals and easements required to install and construct improvements are issued; and such (2) The Final Engineering Plans for the relocation of Schoenbeck Road having been approved by all appropriate governmental agencies; and (3) The engineering, etc., for the signalization of relocated Schoenbeck Road at its intersection with Rand Road (U.S. Route 12) has been approved; and (4) The appropriate agency has agreed to maintain, repair, etc., such signalization equipment after the installation thereof. . I. .PEDESTRIAN WALKWAYS-PERIMETER AND ADJACENT AREA. In con]unction with the development of the Subject Property, the Developer shall provide the following: (3.) Camp McDonald Road. Developer agrees to pay the cost/s, as obtained by bids obtained by the Village, to cause the construction by the Village, or its nominee, of walkways on property adjacent to the North. side of Camp McDonald ~oad. Such walkway will be a five (5') foot wlde concrete walkway built to Village standards easterly from Schoenbeck Road to a point opposite from the existing entrance to Colony Country Apartments Condominium Unit No. 2, a distance of not to exceed 1,950 feet. -18- ~illage agrees that Developer's obligation shall not include the cost to acquire any right/s-of-way required or necessar~ for the installation of such walkways. Village agrees that the foregoing obligation of Developer fulfills the need for public sidewalks or walkways on the portions of Subject Property, and other property, which are located parallel to such walkways, but adjacent to the South side of Camp McDonald Road. To secure the payment of the Developer's obligation to provide funds for such walkways the Developer shall deposit with the Village, after the Issuance of the Building Permit for the First dwelling unit o~ the Subject Property, cash in the amount of Fifty Thousand ($50,000.00) Dollars or at Developer's option a letter of credit in a form acceptable to the Village in said amount. The Developer's obligation to pay the ~ost of constructing such walkways shall not be fixed at Fifty Thousand ($50,000.00) Dollars, it being agreed that if the contract which the Village ha~ approved is more, or less than such sum, Developer shall pay such greater or lesser amount. Developer has the option to construct such walkways at its direct cost and may exercise this option by written notice thereof to Village within thirty (30) days of receipt of Village's notice of intent to enter in the contract. In such event, the Village shall provide Developer with the required Village authorized licenses/easements/right/s-of-way and legal authority to construct such improvements in accord with all applicable codes, but Developer shall obtain necessary Permits, at its cost. If any unit of government fails or refuses to issue any permit required for the installation of such walkways, Developer shall not be required to proceed further until all such required permits are obtained. The letter of credit or cash, as the case may be, if not called ~or payment within five (5) years from date of receipt thereof, shall be null and void as shall be the obligation of the Developer to contribute any funds for payment of such walkways. -19- Upon the termination of Developer's obli~tton (either by pa~ent thereof not being so called, or by Developer paying to Village ~the amount of the contract by which the Village will cause such walk-ways to be installed, or by the Developer installing such walkways at its direct cost) the letter of~credit of Developer for sidewalk purposes shall be cancelled and the letter of credit, or cash, shall be returned to it. (2) Rand Road. No sidewalk shall be required to be constructed along Rand Road. · J. PARKING. The Developer agrees to provide on the Subject Property the following ratio of parking spaces to dwelling units: for each unit 2.36 parking spaces, which may include single tandem parking in front of garages, and unassigned guest parking. In addition thereto, Developer and the Village acknowledge that certain areas depicted on Exhibit I have been reserved for possible future additional guest parking (i.e.: "Landbanked Guest Spaces".) It is understood that in the event the Village and the Association agree that any additional guest parking is required, that such required additional guest parking shall be installed by the Association in all or a portion of said reserved areas noted as Landbanked Guest Spaces. Each unenclosed parking space to be provided shall have a minimum size of 9' x 18'. K. ~d3CREATIONAL AMENITIES. As depicted on the Site Plan attached hereto as Exhibit I, the Developer has agreed to provide certain recreational amenities in conjunction with the development of the Subject Property. These amenities shall be provided in the second phase of development as shown on Exhibit I, except that excavation and earth work associated with construction of the recreational amenities shall be completed'in Phase I of the development. The Clubhouse depicted on Exhibit I is contemplated to provide both recreational amenities for social functions of future residents of the Subject Property, and locker room facilities such as showers, lockers, lavatories, etc. Such Clubhouse is designed to have a minimum size of 2,000 square feet. All recreational amenities shall be substantially completed before issuance of an occupancy permit for the 249th unit in the development. ~ Nothing contained herein shall prevent Developer from requesting a Minor Change in accord with Paragraph 7 hereof by providing recreational facilities and amenities in excess of that depicted on Exhibit I. -20- Until L. ~£ES. December 31, 1994, it is agreed that the following provisions supercedes and replace any and all provisions of the Consent Decree/s, as amended, or of the Municipal Code, Building, Development, Electrical, Plumbing, Inspection, Fire, etc. Codes, or any other applicable Ordinances, Rules and Regulations of the Village of Mount Prospect. Lexington Development Corporation or its affili~ted entities only ("Lexington") agrees to pay the following fees for all Plan/s, Specification/s, review/s and construction permits, water and sewer connections, inspection and occupancy or approval permits of all improvements to be made to or constructed upon the Subject Property: (1) Lexington shall pay to Village, for each permit applied for in this time period for each unit to be constructed on the Subject Property the sum of One Thousand Eight Hundred ($1,800.00) Dollars upon application for such permit which sum shall be increased from and after January 1, 1995 until December 31, 1996 to the lesser of:the permit fee then in effect by the applicable code of the Village~ or the sum of One Thousand Eight Hundred ($1,800.00) Dollars per unit as adjusted to reflect increases in the Consumer Price Index from the date of the entry hereof. (2) For all non-dwelling, unit structures to be constructed on the Subject Property for which a building permit, or Certificate of Occupancy, is required, the Developer shall, upon application for any such permit or Certificate, pay the same permit or Certificate fee which is required by the applicable Code of Village. (3) Nothing contained in the preceding provisions of (1) or (2) of this paragraph shall req~..ire, the Developer, at any time, to make any contrzbutlons, of any nature, for any Village donation (as c~rrently defined in Section 16.610 of the Vlllage~s Development Code or as may otherwise be imposed by any existing or future Ordinance, etc., of the Village) to the Village, or for, or to, any other unit of local government in connection with the development of the Subject Property, or the subdivision, or resubdivision of the Subject Property or any portion thereof. (4) Nothing contained in the preceding provisions of (1), (2) or (3) of this paragraph shall require the Developer, at any time, to pay to ~he Village any fee or charge for connecting any dwelling ~nit, -21- building or structure constructed on Property to any sanitary sewer main/s main/s. the Subject or any water After December 31, 1996, Lexington shall pay the then current fees, donations, or similar payments required by ordinances of the Village. The foregoing provisions providing for reductions in fees shall be applicable to Lexington only, and Developers other than Lexington shall at all times pay the then current fees, donations, or similar payments required by the ordinances of the Village. M. OPEN SPACES/RECREATIONAL AMENITIES. RESTRICTIVE COVENANTS. Within the Subject Property are certain areas which shall, per Exhibit I and Exhibit II, be developed for open space uses or recreational amenities. To ensure that such areas, developed or provided for such uses, remain as open spaces for such uses and for recreational amenities the Developer agrees that, except as otherwise provided in this Consent Decree, no additional improvements other than as show~ on Exhibit I shall be constructed on the Subject Property without the consent of the Village. For each phase or section of development of the Subject ~Property which includes any open space/s for storm water retention basins, central open space and/or recreational amenities adjoining such central open space Developer shall submit, with the As-Built Plans, Open Space Plat/s with restrictive covenants applicable thereto. The Plats shall depict, and legally describe such areas and the covenants shall preserve such areas for use only for open spaces, recreational facilities, (including Clubhouse/s, gazebo and other similar facilities), amenities, and storm water retention/detention purposes. Upon ,the Village's approval of such document/s the Plats and/or the restrictive covenants shall be recorded with the Cook County Recorder of Deeds. Such Plats and/or covenants may, not, thereafter .be amended or vacated (in whole or part) without the written consent of the Village. N. ~UILDING PERMITS. General Conditions. The Vlllage agrees to issue without undue delay, (upon proper application and payment of the herein required Building Permit fees, therefore) permits for the development and construction of all improvements and operation of the Subject Property so that the Developer may develop the Subject Property in accord with the provisions hereof. -22- (2) (3) Developer shall not be required 'to post any bond or surety so as to obtain Village approval of Final Engineering Plans providing for on-site and off-site extension of water and sanitary, sewer mains and storm water retention/detention areas. Developer shall, upon applying for Permits, post such bonds or surety to guaranty the satisfactory completion of the applicable on and off-site construction as set forth in S. (12), of this Consent Decree Amendment. Permits. l~en the Village has approved Final Engineering Plans for the on-site and off-site extension of the water and sanitary sewer mains, and Final Bngineering Plans for all storm water retention/detention areas tributary to the building/s for which Building Permits are requested, it shall issue such Permits. Permit Requirements Relating to $choenbeck Road Construction. Village and Developer agree that the relocation of Schoenbeck Road, the construction of roadway improvements thereon and the instailation of the traffic signalization at the intersection of such relocated Schoenbeck Road and Rand Road (U.S. Rt. 12) are improvements which Developer has agreed to provide,, at no cost to the Village .but the construction of such improvements are sub3ect to the prior approval/s of the County of Cook and State of Illinois, Department of Transportation. In recognition of the fact that neither Developer nor Village can compel the County of Cook to approve the Plat of Vacation of that portion .of Schoenbeck Road to be replaced by the portion thereof to be relocated, or to approve the Plat of Dedication of that property to be improved with the relocated Schoenbeck Road improvements, or. to approve the Engineering Plans and Specifications applicable to such ,improvements~ and that similarly neither the Village nor the Developer can compel the Department of Transportation to issue the necessary warrant/permits, approval of Engineering Plans, etc., applicable to the signalization, of relocated ~choenbeck Road %ntersection w~th Rand Road, Village agrees to lssue, upon proper application and payment ~f necessary fees, Building Permits for dwelling unit number 117 and thereafter provided the following has occurred: -23- (a) (c) (d) Developer has submitted to Village the Preliminary Engineering Plans and Specifications for the construction of roadway improvements for relocated Schoenbeck Road and for signalization of its Intersection with Rand Road, all in accord with Paragraph H hereof; and Developer shall have submitted to the appropriate governmental body a Plat of Dedication applicable to the property which is to be the entire right-of-way for that portion of Schoenbeck Road to be relocated. The Plat of Dedication shall be of form and content, and bear such signatures, seals, etc., as is required to impose upon the property subject thereto a dedication for public right-of-way and easement sufficient to construct the roadway and provide adequate land for drainage and utilities. The Plat of Dedication shall name as Grantee the appropriate governmental authority and its successors and assigns. The Plat of Dedication sha}l not be recorded until the hereafter, required Plat of Vacation has been approved by such officers of the County of Cook as is necessary for such Plat of Vacation to become effective upon recordation thereof; and Developer shall have submitted o~he appropriate governmental authority a P~t Vacation for that portion of the existing Schoenbeck Road right-of-way to be replaced by the relocation of existing Schoenbeck Road. Such Plat shall be of form and content as is required to lawfully vacate the property subject thereto from the right of use by the public for public right-of-way purposes and shall not prohibit tit}e of the property subject thereto from vesting tn the owner/s of property adjacent to such vacated right-of-way in the manner permitted by law; and Village and Developer shall have established a mutually acceptable and reasonable procedure/s which secures Developer's obligation to pay for the cost of constructing relocated Schoenbeck Road roadway improvements and the -24- Oe intersection with signaliza~ion of its Rand Road. In the event Village and Developer are unable to mutually agree to such procedure/s, the Village nevertheless will issue Permits 117- 166; if all other conditions contained in this Section N (3) are satisfied, but Developer shall before issuance of Permit for unit 167 post a Bond in an amount equal to the estimated cost of such improvements, as such cost is established byan Engineer mutually acceptable to Village and Developer. The Developer shall substitute a Letter of Credit for said bond at such time as the Plans .and Specifications are approved by the appropriate governmental authority. Village agrees that the above specifie~ Plat of Dedication, Plat of Vacation, and the Developer's obligation to pay the cost of relocated Schoenbeck Road roadway improvements shall be subject to the condition that each shall be null and void if the County does not approve the Plat of Vacation and issue permits authorizing the construction of relocated Schoenbeck Road roadway ..improvements on the earlier of: within ten (10) years from the date of the Issuance of the first Building Permit for the first dwelling unit to be constructed on the Subject Property or two (2) years after issuance of the final Certificate of Occupancy. Further, the Developer's obligation to pay the cost of providing signalization of the intersection of relocated Schoenbeck Road with Rand Road (U.S. Rt. 12) .shall also terminate at the end of the same period sp~cified above if the Department of Transportation has not, within said period, issued the necessary warrant, permit/s, etc., required so as to provide signalization of the intersection of relocated Schoenbeck Road with Rand Road (U.S. Rt. 12). CERTIFICATES OF OCCUPANCY. General Conditions for Issuance of all Certificates of Occupancy. The Village agrees to issue Certificates of Occupancy, or issue a Letter of Denial specifying the reason/s for its denial and what correction/s the Village certifies to be necessary to be -25- © made as a condition/s to the issuance of the requested Certificates within seven (7) days after receipt of proper application therefor. The letter of the Village shall set fortW the section/s of the Village Code, or of this Consent Decree Amendment, relied upon by the Village in its certification for correction. (2) Issuance of Certificates Permitting Occupancy of Dwelling Units Numbersi through 116. Village agrees, upon receipt of payment of the fees due upon application therefor, to issue Certificates permitting occupancy of the 1st through ll6th dwelling unit to be constructed on the Subject Property, or to deny the issuance of any applied for Certificate in accord with the preceding subparagraph (1) hereof, provided: (a) The construction of all off-site extensions of the water and sanitary sewer mains required by the development of the Subject Property have been completed including testing and Village approvals~ and (b) The construction of on-site improvements (ingress, egress, parking, storm water retention/detention, landscaping completed as .permitted by weather conditions, entryway, improvements and decorative lighting thereof, recreational amenities in accord with Paragrap~ K hereof) all as specified and provided herein and on the attached Exhibits, shall have been completed for. that portion of the Subject Property in which is/are located the structures for which the Certificates of Occupancy shall be applicable~ and (c) The appropriate governmental authority shall have agreed to permit the installation of the street light at Schoenbeck Road and Camp McDonald Road and the appropriate governmental authority has agreed to operate, repair, maintain, replace, etc., such street light after its installation and such street light has been ins~alled~ or -26- (3) if the appropriate governmental authority has not so agreed and has not issued the necessary permits, or If the appropriate governmental authority has so agreed and has issued the necessary permits and completion of the installation of such street light has not been completed, and Developer has posted a Letter of Credit in the amount, calculated by an Engineer mutually acceptable to Village and Developer, to pay the cost to acquire and install such street light~ and The Developer shall have submitted to the Village the Engineering Plans and Specifications, the Plat of Dedication and the Plat of Vacation, all providing for the Vacation of a portion of existing Schoenbeck Road, the relocation of, and improvement of the relocated portion of Schoenbeck Road; and the Rand Road (U.S. Route 12) signalization, all as required in accord with the provisions of subparagraph (3) of Paragraph N hereof. (e) The' Developer shall have installed acceptable lighting at the entrances to the development. Issuance of Certificates Permitting Occupancy of Dwelling Units Numbers 167 and thereafter. Village agrees, upon receipt of payment of the fees due upon application therefor, ~o issue Certificates permitting occupancy of the 117th through the final d~elling unit to be constructed on the Sub3ect Property, or to deny the issuance of any applied for Certificate in accor~ with the preceding subparagraph (1) hereof, provided= (a) The construction of all on-site impro, vements (such as lng.tess, egress, parking, storm water retention/detention, landscaping, entryway to improvements and decorative lighting thereof, recreational amenities in accord ~th Paragraph K hereof) all as specif~ed and provided herein and on the attached Exhibits, shall have been completed for that portion of the Subject Property in which is/are located the structures for which -27- © the Occupancy Certificates shall be applicable ~ and The Developer shall have submitted to the Village the mutually acceptable form of guaranty (or the Latter of Credit in lieu thereof}, providing for the improvement of the relocated portion of Schoenbeck Road, and the Rand Road (U.S. Route 12) signalization, all as required in accord with the pro%isions of subparagraph (3) of Paragraph N hereof. P. ~.~GNS. The terms of the Village's Sign Regulations adopted November 5, 1986 shall, except as provided hereafter apply to and regulate all signs, including but not limited to surface and wall signs, to be erected or constructed upon the Subject Property. The Subject Property shall be regarded as a Sign Planned Unit Development for the terms of the Village's Ordinances and signs as set forth in Exhibit VI shall be permitted. Q. LANDSCAPING. Development of t~e Subject Property shall ~nclude landsca~ing which shall be provided substantially in accord with. the Landscape P~an depicted on the attached Exhibit III with final planting plan to be approved by the Village, which approval shall not be unreasonably withheld. Any modification in the Landscape Plan required by the Final Engineering Plan shall not decrease the amount of landscaping to be provided or existing ~ature trees or vegetation as set forth in Exhibit III for the Subject Property. R. bIFE SAFETY SYSTEMS. The construction of the units shall include only the following Life Safety Systems: (1) Smoke Detectors. All required smoke detectors will be 110 volt units~ photo-electric activation. Smoke detectors will be installed within each unit in the manner required by the Village~s applicable Code, and will sound only within the unit in which same are installed and will not be connected to a central alarm panel. (2) Cul-de-Sacs. The cul-de-sacs for the main structures are depicted on the Site Plan. The cul-de-sacs shall be posted as a fire lane and the fin~l design and construction of same shall be sub3ect to approval by the Village (which approval shall not be unreasonably withheld) and shall provide adequate space for use of the cul-de-sacs, and adjacent areas, by fire department aerial equipment to a minimum diameter of ninety-two feet. (92') (3) Entrance Security Gates. In the event the entranceway security gates to the Subject Property are not manned twenty-four (24) hours a day by an attendant who can control both gates, such gates shall be equipped with remote control override devices for emergency vehicles as approved by the Village. (4) Applicable Life Safety Codes. The construction, etc. of the units shall comply with any appropriate life safety codes. S. ~EVELOPMENT CODE. Village and Developer acknowledge that the Development Code of the Village contains provisions which establish procedures for the review and approval of Development Plans, standards for improvements and water and sanitary sewer mains, storm drainage, etc. In recognition of: The negotiations between the parties which have resulted in the finalization and approval of the terms and provisions of this Amendment to Consent Decree and the Exhibits attached hereto; and The .terms hereof providing for the issuance of Certificates of Occupancy in connection with the Developer's fulfillment of the obligations for on-site and off-site improvements; and The Open Space Covenants imposed when the Subject Property was part of the property subject to the Consent Decree of 1971 and the Amended Consent Decree of ~972, and the Developer's herein contained obligations for roadway improvements and off-site walkways: it is agreed that the strict application of all provisions of said Development Code is not warranted in connection with the development of the Subject Property. Accordingly, Village and Developer agree that wherever a conflict arises between a) the Development Code, and b) this Amendment to Consent Decree, (including attached Exhibits ! through VI), the provisions, etc., of b) shall control and be paramount to a). Further, it is agreed that the development of the Subject Property shall comply with the Development Code, subject to the following exceptions: -29- (1) (2) Section 16:103 Interpretation. This Section shall not require Developer to be bound by any provision of Development Code which exceeds any provision or requirement of this Amended Consent Decree and the Exhibits attached hereto. Section 16:109 Permits and Certificates of OccuDancv. (a) Development Plan. The Development Plan for the Subject Property is set forth herein~ and on the Exhibits attached hereto and no further approval of such Development Plan, except for approval to Final Engineering Plansl is required in order for the Village to ~ssue any permits necessary to implement such Development Plan. (b) Certificates of Occupancy. Based upon the provisions hereof which control the issuance of Certificates of Occupancy the Developer shall not be required to create a cash escrow t.o guaranty the completion of all improvements for any portion/s of the Subject Property for which Occupancy Certificates are applied for, and in which portion/s the required public or private improvements have not been completed due to weather conditions. To guaranty that such weather delayed improvements are completed or installed Developer shall post a Letter of Credit in an amount equal to one hundred ten (110%) percent of the Village Engineer's estimate of the cost to install, or complete such items. Such Letter ~f Credit shall have an expiration date of two hundred seventy (270) days. To the extent that the Letter of Credit hereinabove provided duplicates a portion of a Letter of Credit, bond o~ surety then on deposit with the Village, said prior Letter of Credit, bond or surety shall be reduced by a like amotmt. Nothinj contained herein shall deemed to authorize the issuance of ab~ occupancy Certificate for any building or structure located in any portion/s of the Subject Property which does not comply with Section 16.109, (B) 1, 4 and 5 and Section 16:109 (C). -30- (3) (4) Section 16:301 through Section 16:303 and Section 16:305(A). These sections shall not apply to the Subject Property, or any portion thereof. No portion of Section 16:304 shall require the Developer. to file a preliminary plat of subdivision or require guarantees for any completed and accepted off-site improvements or any completed on-site improvements. Section 16:306. This Section shall not apply to the Subject Property or any portion thereof. Section 16:403. The radii of curves, minimum (6) sight distances, widths of roadways and pavement, diameter of cul-de-sacs, width of sidewalks, requirements for curbs, and the size of parking stalls and aisles, all as set forth in Exhibits I and II are exceptions to any conflicting provisions or requirements of Section 16:403. The structural number for pavement design for the loop road and cul-de- sacs shown on Exhibit I shall not be less than 2.8 and the structural number for pavement design on the entrance shall not be less than 3.0. The on-site private roadway system shall include rolled and depressed curbs subject to the Village's reasonable approval. Final Lifts on Roadways. The final lift on all roadways shall not be required to be installed ~ntil the completion of construction or.the li~t unit in each phase of construction provided, however, the final lift for each of the first two phases shall be installed within three (3) years of commencement of such phase. (7) Section 16:404. Sanitary Sewers. The sizes of the Sanitary Sewer mains depicted on Exhibit II are approved by Village, subject to Village approval of design capacity of such mains on Final Engineering Plans. (8) Section 16:405. (a) With respect to Storm Water Retention Basins, the following exceptions shall apply: -31- Slope. At a point one (1') foot above normal water level, the slope of ground may vary from 4:1 to 10:1. (ii) Width of Shoreline Protection. The width of shoreline protection for ground slope of 4:1 shall be 10.5 feet and for a ground slope of 10:1 shall be 26 feet, with a proportionate reduction for a slope between 4:1 to 10:1. (iii) Shoreline Protection. Shoreline protection may consist of sodding (above normal water line), native field stone boulders, artificially anchored vegetation (ENKA-MAT or comparable) embankment, plantings, or any combination of the above. (b) The design criteria for all storm water detention and retention shall comply with the stand.ards of the Metropolitan Sanitary D~strict of _Greater Chicago. Storm sewer sizings are to be determined by the Rational Method using a composite co-efficient of runoff consistent with a · runoff release rate of .15 cfs per acre. (9) . Section 16:406. Water Distribution System. (a) The sizes of the water mains depicted on Exhibit II are approved by Village. (b) Developer has th? option to use PVC, SDR 18, C-900° pipe with cement-lined ductile iron mechanical Joint fittings for the on-site extensions of the water distribution system for the Subject Property. (10) Section 16:407. Street Lighting Improvements. This Section shall not apply to the Subject Property. The Developer shall determine the location and design of on-site roadway and parking area lighting poles, luminaries and lamps and shall have the option to direct bury wires and cables for same. (ll) Section 16:408. Landscaping. This Section 16:408A shall not apply to the Subject Property. Landscaping required under 16:408B -32- for the Subject Property shall be provided in accord with Paragraph Q hereof and Exhibit attached hereto. (12) Article VI. Fees and Guarantees. No provisions of Sections 16:601, 16:602, 16:603, 16:605, 161608, 16:609 and 16:610 shall apply to the Subject Property. Sections 16:604, 16:606 and 16:607 shall apply as provided herein. Any bonds or guarantees required by such sections shall be posted when construction permits are requested. (13) Miscellaneous. Village hereby agrees that in connection with the development of the Subject Property: (a) Developer may have access roads off/on to Camp McDonald during construction of the improvements to/on the Subject Property, provided necessary permits therefor are obtained from the Cook County Highway Department. Such access roads shall be used only for construction vehicles and not for any other purpose. (b) Wherever Developer is required to post a cash deposit to guaranty the fulfillment of any obligation, a Letter of Credit or other form of financial guaranty (acceptable to Village) may be used. (c) Development of the Subject Property may occur in such stages as Developer may choose. (d) Permanent Easements for Water and Sanitary Sewer Main Extensions. (i) Off-site extensions. Off-site extensions of water and sanitary sewer mains shall be located either within public rights-of-way or Permanent Easements, which are to be specifically dimensioned, portrayed and legally described on a Plat/s of Easement. (ii) On-site · extensions. On-site extensions of water and sanitary sewer mains shall be generally located where depicted on Exhibit II (e) (g) and the Permanent Easements vi11 be granted to the Village to allow operation of any on-site hydrants, B-Boxes, and water meters. Permanent Easements for same shall be granted by either: (a) A "Blanket" Easemeht Plan which shall include all portions of the Subject Property tn which are located the above water main appurtenances~ or (b) Plat/s of Easement which will portray the specific location of the above water main appurtenances, and the dimensions and legal descriptions of the Permanent Easement areas. (iii) The document/s whereby such Permanent Easements are to be granted shall be delivered to the Village along with the As Built Plans required by Section 16=504 of the Development Code. Temporary Model Area. Developer shall be entitled to maintain a temporary model area as depicted in Exhibit V, which areamay contain temporary parking, a sales trailer, and signage as depicted and permitted tn Exhibit VI until such time as the permanent model building is constructed. Model Building. Developer shall be entitled to construct models prior to the installation of a paved road or utilities to service same, provided that said models may not be occupied as dwelling units unless otherwise in compliance with the provisions of the Agreement. The Developer agrees to completely indemnify and hold the Village harmless from any expense or liability of any type in any way related to the Developer's rights as granted in this subparagraph. Repetition of Buildings. Developer agrees that no two buildings which are -34- © substantially Identical tn exterior elevation shall be constructed adjacent to each other or directly across the street from each other, provided that identical exterior colors and roofs may be used tn adjacent_ buildings or buildings located across the street from each other. T. BUILDING CODE. It is agreed that the development of the Subject Property shall comply with all provisions of the Village~s Building Code applicable as of date of entry hereof, except as follows: Wherever a c~nflict arises between a) the Village~s Butldzng Code, applicable as of date of entry hereof, and b) this Amendment to Consent Decree (including Exhibits I through V) the provisions, etc., of b) shall control and be paramount to a). (2) Article V, Fees, Bonds and Deposits. This Section shall not be applicable to the Subject Property, or any portion thereof, except for the following sub-sections which shall apply: 21.510 - Road Bond 21.511 - Water Meter Rental 21.514 - Gas Storage Tanks 21.515 - Reinspectton Fees 21.516 - Demolition Permits 21.517 - Fence Permits 9. For the purposes of sprinkling and irrigation only, Lexington, only, so long as it is the Developer, shall have the right to install and/or use its own water supply wells and also use the drain water on the premises to water or sprinkle the grass, or to use water from lakes to be constructed on the ,Property, provided that such well or drain water shall not be ~ntermtxed with the Village water or system. 10. The Village will Issue no stop orders directing work stoppage on building or parts of the project without -35- detailing the taken by corrective action necessary to be the Owner and setting forth the section of the Village Code allegedly violated by the Owner, so that the Owner may forthwith proceed to correct such violations, if any, as may exist or take an appeal as set forth in the Village code, or the laws of the State of Illinois, or this Decree. 11. That no term or provision hereof shall be deemed a limitation of the rights of the Owner or Developer to lawfully convey, encumber, divide or subdivide all or any or sell or assign the right in whole or in part, without provided the development of portion of the Subject Property, to develop the subject property, the prior consent of the Village, any portion of the Subject Property so conveyed, etc., shall remain subject to the provisions of this Amendment to Consent Decree. 12. That no appeal shall be taken from this Decree any shall other party any costs which such in connection with this cause, but party who has executed his or its consent hereto. 13. None of the parties to this proceeding recover of and from any party may have sustained all such costs taxed to the parties who costs. having been paid, shall remain with ~nd be shall heretofore have incurred such 14. The parties hereto agree that all provisions, conditions, and regulations set forth herein, and the Exhibits attached h~reto, shall supercede all Village -36- © Ordinances, Codes and Regulations that are in conflict herewith as they may apply to the Subject Property. However, where this Consent Decree Amendment and attached Exhibits are silent, the Village Ordinances shall apply and control. ~he Village agrees that any amendments or changes to building, housing, subdivision, or zoning ordinances enacted after the entry of this Consent Decree Amendment that contradict or are inconsistent with this Consent Decree shall not apply to the Subject Property without the Developer's consent, and further agrees not to interpret any such amendments or changes so as to prevent commencement of construction of the buildings or the development of the Plan by the Developer or its assignees, provided that all plans meet the requirements of all .applicable ordinances, as provided herein. Provided, however, that if there are changes of said laws and ordinances and the same are less restrictive in their application to other similarly situated property, then the Developer shall be entitled to the benefit of the change if At so elects. 15. This Court reserves and retains jurisdiction of the above entitled action for the purpose of permitting the parties to this Decree to apply to this Court at any future time for such further orders and directions as may be necessary for the construction, implementation,, or enforcement of this Decree. -37- © 16. The invalidity or unenforceability of 'any provision hereof shall in no way affect the validity or enforceability of any other provision hereof, and any provision hereof which is adjudicated to be invalid or unenforceable shall be deemed severed from this Amendment, provided however that such severance is to apply only with respect to the operation of such provision in the particular instance in which such severance is made. 17. That by execution hereof, Chicago Title and Trust Company, Trustee under Trust Agreement dated May 4, 1955 and known as Trust Number 37533, Plaintiff herein, and Chicago Title and Trust Company, Trustee under TrUst Agreement dated December 5, 1975 and known as Trust NumBer 1067116, a Plaintiff-Intervenor herein, hereby agree that Paragraph 19 of the Consent Decree entered in this cause on May 11, 1971, as affirmed in Paragraph 4 of the Amended Consent Decree dated April 24, 1972, which such Paragraph 19 sets forth Protective Covenants concerning open space which shall remain until July 1, 2020, is hereby affirmed as if repeated verbatim and shall continue to be in full force and effect. 18. That the Plaintiff-Intervenor, Colony Country on Parliament (as Grantor) and the Plaintiff and the Plaintiff-Intervenor, Chicago Title and Trust Company, as Trustee under Trust Agreement dated December 5, 1975 and known as Trust No. 1067116 (as Grantees) shall execute an Agreement granting Permanent Easements for the Extension of -38- © © Water and Sanitary Sewer Systems,. which Agreement shall be in and of substantially the same form and content as the Agreement executed by'said Grantor on December 8, 1986. 19. SEPARATION ~ETWEEN BUILDINGS. All buildings shall be separated from other buildings by thirty (30*) feet except that the fourteen (14) buildings as depicted on Exhibit I with less than thirty (30*) feet of separation shall be permitted provided each of the following conditions are met: AJ Each of the fourteen (14) buildings shall be separated by at least twenty (20') feet from any other building in the development; Each of the fourteen (14) buildings shall be permitted to be constructed with th? same architectural design as the other build~ngs in the development including openings and construction type for doors and windows; All buildings to be constructed under 5A construction according to the 1984 Building Officials and Code Administrators Code Specifications. Specific architectural construction techniques include a one (1) hour rated exterior wall, one (1) hour tenant separation common walls to the underside of roof ~heathing with no horizontal plumbing penetrations (Separation Specifications as per the attached Exhibit VI). All other penetrations such as electrical outlets will be draftstopped, wrapped in drywall and sealed. Balconies will be individually supported and constructed of wolmanized frame material or an equally acceptable weather resistent material. 20. Lexington is hereby given leave to join- as a Plaintiff-Intervenor in the within cause and further agrees by the execution hereof that it is submitting itself to the jurisdiction of this Court in this proceeding and shall be -39- © subject to all of the ter~s and conditions of this Consent Decree Amendment and shall be entitled to all of the benefits thereof. 21. The Developer agrees to comply with Article 23 Condominium Sales of the Village Code, except that because the development involves new construction, Chapter 23, Section 23.1604(x) is waived. 22. The Village hereby waives any and all rights to purchase any portion of the Subject Property set forth in the Consent Decree, provided however, it is .understood that said waiver shall not be deemed to apply to any portion of the property encompassed by the Consent Decree other than the Subject Property. Dated this . APPROVED: , PLAINTIFF: CHICAGO TITLE AND TRUST COMPANY, Trustee under Trust Agreement dated May 4, 1955 and known as Trust Number 37533AF~0T P~SON/LL? ASST VICE PI~SID~NT Date: [;'~D , ~ ~-- -40- PPROVED: SAID PLAINTIFF'S ATTORNEY: Sonnenschein, Carlin, Nath & Rosenthal 8000 Sears Tower Chicago,.~L_60~0~ Date:' APPROVED: PLAINTIFF-INTERVENOR: CHICAGO TITLE AND TRUST COMPANY, as Trustee under Trust Agreement dated December 5, 1975 and known as Trust Number 1067116 A~D ~' 2~$0/~.tLl~ APPROVED: SAID PLAINTIFF-INTERVENORfS ATTORNEY: EDWARD L. ~.~MBITZ Sonnenschein, Carl~n, Nath & Rosenthal 8000 Sears Tower Chicago,~2L/60§96 Date: /V~-A /*, f~ APPROVED: PLAINTIFF-INTERVENOR: -41- PPROVED: PLAINTI FFJ. ~. £RVENORS: THE BOARDS OF DIRECTORS ~ dF THE FOLLOWING ASSOCIATIONS: COLONY COUNTRY ON OLD ORCHARD, COLONY COUNTRY OF ANNEX, COLONY COUNTRY ON YARMOUTH, COLONY COUNTRY ON WIMBOLTON, ORCHARD VALE ESTATES HOMES, ORCHARD VALE MIDRISE, COLONY COUNTRY ON PARLIAM~.NT and COLONY SSOCIATIO , Date: ~ APPROVED: SAID PLAINTIFF-INTERVENOR'S ATTORNEY: Chapman & Cutler 111 West Monroe Street 16th Floor Chicago, IL. 606D3 .~ ~ Date:~ APPROVED: PLAINTIFF-INTERVENORS: FREDIANI DEVELOPERS, INC. -42- PPROVED= DEFENDANT= ATTEST: VILLAGE OF MOUNT PROSPECT, a municipal corporation CAROL~ H. K~AUSE, Village President Date: CAROL A. FIELDS, Village Clerk APPROVED: SAID DEFENDANT'S ATTORNEYS: WI?~AM E. RYAN Burke & Ryan 33 North Dearborn Street Suite 402 Chicago, IL 60602 Date: APPROVED: LEXINGTON DEVELOPMENT CORP., BY: BY: Date: PPROveD SAID LEXINGTON DEVELOPHENT CORP. tS ATTORNEYS: ASH, ANOS, FREEDMAN & LOGAN ASH, ANOS, FREEDMAN & L~GAN 77 West Washington Street Suite 1211 Chicago, IL 60602 (312) 346-1390 -44- I ..:il . lllIIl ' Illl I ! Il r:~llli [, Il l ....... i !] , tl II Ii-, l: I ii IlI ; ,..,~, [! ~ ,,: I ,/ 'l