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HomeMy WebLinkAbout5. OLD BUSINESS 1/17/06 MEMORANDUM Village of Mount Prospect Community Development Department TO: FROM: DATE: SUBJECT: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT JANUARY 12, 2006 PZ-46.Q5 - CONDITIONAL USE (PLANNED UNIT DEVELOPMEN 401-455 S. ELMHURST ROAD SK PARTNERS III LIMITED PARTNERSHIP - APPLICANT 'Bb. ~l , I 1'\ 0 l. The Village Board reviewed Case PZ-46-05, a Conditional Use request to convert the existing multi- family development at 401-455 S. Elmhurst Road to a Planned Unit Development at their January 3rd meeting and requested additional information on four items; guest parking signage, voting requirements to amend the homeowner's association declarations, potential to construct garages on the property and determination of fire rated separation in roof structure. Below is a summary of the status of each item: Guest Parkina Sianaae The petitioner has agreed to install appropriate signage identifying guest parking spaces. Votina Reauirement to Amend Homeowner's Association Declarations The Declarations initially called for a majority vote to amend any portion of this document. Based upon the discussion at the January 3rd Village Board meeting, the petitioner has modified the Declarations to increase this stipulation to require a 75% vote of all residents to amend this document. Potential to Construct Garaaes on the Property Staff has reviewed whether garages could be constructed on the property within Village Code requirements. Two factors prohibit the construction of garages without granting further zoning relief for this project; lot coverage ratio and rear yard setback requirements. The property currently has a lot coverage ratio of 49% (50% is the maximum in the R2 District), therefore the only way that garages could be constructed without exceeding the lot coverage ratio would be to build them over the existing paved parking spaces. In order to construct the garages in this location, a variation from the rear yard setback requirement (25') would be necessary. The attached letter from the petitioner discusses the economic, legal and site planning issues that detached garages create on the site. In staff's opinion, it would be nearly impossible for homeowners to construct the garages in the future due to the manner in which the parking spaces are being allocated on the site. The petitioner could construct detached garages now if the Village granted a variation for the rear yard setback, however they have indicated a reluctance to do so for reasons outlined in their January 10, 2006 letter. ~ PZ-46-05 January 12,2006 Page 2 Fire Rated Separation in Roof Structures As was discussed at the Village Board meeting, the existing pitched roof structures were installed over the original flat roofs on these buildings in 1991. Trustee Hoefert inquired whether a fire rated separation exists between the units within this roof structure. Staff reviewed the permit file for these roofs and found that there isn't a fire rated separation installed in this location. The Fire Department indicated that they have accepted the condition based on the size of the structures and that the completion of the work was performed with a permit and approval from the Village back in 1991. Please forward this memorandum and attachments to the Village Board for their review and consideration at their January 17,2006 meeting. Staff will be present to answer any questions related to this matter. , .,AICP 01!10!2~D8 15:44 FAX 3124430338 LORD BISSELL ~ BROOK LLP ~ 00 1/0:::5 loRD BISSELLW"BRCOKLLP mODlEYS AT lAW FACSIMILE COVER SHEET 115 S. LASalle Street Chicago,IL 60603-3901 Robert J. Pugliese Phone: 312.443.0609 Fa."i: 312.896.6609 bpugliese@lordbissellcom January 10, 2006 To: Orga~ation: Fax Number; Phone Number: William Cooney Village of Mount Prospect (847) 818-5329 (847) 818-5307 Subject: _ (including cover sheet) lj)ou do 110t rccci'PC all pagcs, pfcaJt caI/312.443.0688. PZ-46-05 Total Pages: 401- 455 South Elmhurst Road, Townhornes Message: Our File Number. This mell6'.'lge ill intended fur !he \lSe of the individual or entity to which it is addressed, and may contain infoIm'ltl.on thOlt i~ pzh>ileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended n:dpient, Or the employee or agent responsible for delivering the message to the intended recipient. you are hereby notified that any disseminatioD, distIibution 01 copying of this comIDuni~ation ;5 $trictly prohibited. If )'011 have received this c.Otntutmication in error, please: notify \15 immediately by telc:phonc:. and ~tum the origina.l message to us at the above address via the U.S. Postal Service. Thank you. 01i10i2008 15:44 FAX 3124430338 LORD BISSELL & BROOK LLP ~ 002,lO:::5 loRD BlSSELLW'BRCDK liP AlTORNEYS AT LWl 115 S. LASALlE STREf.T I CHICAGO, ILLINOIS 60603.3901 312.443.0700 I 311.443.0336 FAX I WWW.LORDBISSEU.COM January 10) 2006 FlobertJ. ~gliese 312.443.0609 Fax: 312.896.6609 bpuglicsc@loldbissell.com VIA FACSIMILE Mr. Willi.a.m Cooney, AICP OirectoJ: of Community Development Village of Mount Prospect Community Development Department 50 South Etnetson Street Mount P:rospect, Illinois 60056-3216 / Re: PZ-46-05 401 - 455 South Elmhurst Road, Townhomcs Dear Mr. Cooney: Pursuant to our telephone!: conversation after the Village Board's meeting of January 3,2005, the following will ad.dress several of the issues raised by the Boud a.t that meeting: Signs for Guest Padcing If it is the desire of the Board, we are agreeable to providing signs identifying the designated guest parking spaces as limited to visitor parking only. Vote ReqJJited for Amending Declaration We were asked to reconsider Section 10.7 of the draft Declaration which provided tM[ 3lDendment5 to the Declaration could be affected by the vote of a. mQjotity of the owners (15 of 28). Please note that the current provision also has two llinitations on the amendment right The first protects the rights of institutional first mottgagees. The second protects the Village against the dissolution of the Association without the consent of the Villi.ge. Our aim is to provide the ultimate owners of these residences with a governing document that honors the will of the majority while protecting the rights of the minority. Accordingly, ill Iespect of those goals and in considencion of the comments raised at the Village Board meeting) we propose to revise Section 10.7 of the dtaft Declaration to do the following: AllANTA CHICAGO LONDON I.OS A1fGflfS NfW YORK 01/10/2008 15:45 FAX 3124430336 LORD BISSELL & BROOK LLP I4l 1) () :;: ,/ () :::: 5 loRD BISSE~'f' BROOK Lt.P ATTORNEYS 1J lAY Mr. William. Cooney, AICP ViIla.geof ~ount Prospect Ja1'lu.a.t:y 10, 2006 Page 2 (a) nUse the percentage vote needed to approve an amendment to two-thirds (21 of 28 owners); and (b) require each owner's consent to make an amenchnentwmch would: (i) ha.,re a ma.terial adverse effect on an own.er'$ parking .rights or odutt easement rights as provided for in the Decb.r.ation. (ii) change the <<one unit-one vote" pro-vision to allow for variAble or weighted voting righrs. or (ill) change the provision of Section 4.7 providing for unifonnity of annual and special assessments. None of the foregoing could be accomplished by amendment of the Declaration without unanimous approval or, as appropriate, approval of the affected owner. Attached is a blackline V'e.rsion of the Declaration showing me proposed changes to Section 10.7. Please let us know if you would like to see further or other changes. Garaees or Enclosed Parking As we understood the discussion at the Village Baud meeting :regardi1lg parking, there are NTO questions regarding garages or enclosed parking. The first question is whethe:r:: the current owner is interested in pursuing such an option. The second question is whether we deem it advisable that the PUD ordinance and/or the Declantion provide fOI the option of constructing ga.rages on the property in the future. Fo! the reasons set forth below, we respectfully submit that enclosed parking is not appropriate on this site absent some future redevelopment that would either expand the land area or reduce the number of residences. Out reasons are as follows: . The site currently has 49% impC1Vious coverage. Thus, unless the garages were located at the rear property line and over the cunent paved parking area, the lot coverage of the ovenll site would !fCatIY exceed the 50% maximum required by Code and would effectively eliminate the .back yards. Because the site coverage already is so dose to the 50% maxi:t:num for the overall site, staff specifically .requested that we ptO'ride a <<fact sheet" which would make clear to prospective owners that no additional lot coverage could be allowed, whether by expanding patios, building decks, or constnlCting storage sheds. . Whether built over the back yard lawn ateas or over the paved parking area., a literal "wall" of guages a.t the reat of the property would create a IDuch different aesthetic quality for both the .residents of the de\"elopment and neighboring residents. The green space either would be eliminated (or subsWltially compromised) ot, if the garages were built over the paved parking area. essentially be obscured. from view from many neighboring properties. 01/10/200B 15:45 FAX 312443033B LORD BISSELL & BROOK LLP ~ ()()4/'):::5 loRD BISSElLW"BRCOK LLI' ATIDRNEY5 b.T lAW l"fr. William Cooney, AICP Village of Mount Prospect }muary 10, 2006 Page 3 . Because of the geomctty of the site, which is dictated by its location along the c;urve of Ehnhurst Road, it is impossible to provide every residence with parking located directly 'at me reat' of the unit along the alley. Although some of the patlcing is 50 located, lllany of the parking spaces are not and c;;2.Onot be located directly behin..d the owner's townhome. As a. result, some owners will lave to park on an easement over another owner's property and, convJ;:rse1y, some owners' parcels will be itnpressed with an easetnent to allow parlcing by other owners. Given the existing and unified nature of the surface lot uea, however, this should be a<;ceptable to me owners be~use they are unlikely to idencify the pllrlcing lot lUl part of "their property." If, howevt::r, ownez:s are allowed to consttuc:t and occupy individual garages on easetnents located on other owners' parcels, we anticipa.te that legal and/or neighborly relations could well become problematic. . The most efficient way to create enclosed parking along the alley most likely would be [Q create one or two common structures serving ~ of the residents. Nor only would this type of development on this site create aesthetic issues, it would require 9. whole new teview by the V:i1.hge befoxe we could proceed- . The prospective purchasers ate interested in proceeding under the contt'olctS mey have negotiated. Those contracts do not anticipate cOV'ered parking being constructed, nor do they include the attendant rise in price of the home that would be requited if covered parking was provided. Further. these purchasctS are interested in proceeding widltheir purchase and moving into their new homes as soon as possible, not somet:iroc much later this year ot even ne>..;: year when aU of the xnany design~ pla.!1ning and review matters could bc resolved to allow for the permitting and c:oosrruction of enclosed parking. . Similarly, me owner has allowed the rental units to go vacant and has entered into sales agreements based upon an anticipation of sales being closed in the near future. Sales prices have been based upon the c:u:ttent level of investtnent in the prope.tty- Thus, the owner has no current interest in rerising the plans fOI the property in Older to coostroct enclosed parking and would be damaged fu1ancially if that were a requirement. In tha.t event, the ()Wl1.U would have to reconsider the plan to convert from rental to townhome units. All of the foregoing points ate reasons why the owner is not interested in amending the cun:ent site plan in Older to provide for enclosed parking. :Many of these same points also ate reasons which, in our view, militate against allowing enclosed pa.rking on this site in the furore absent a. total :redesign 1U!d redevelopment that necessa:tily would include either (1) a.dding htnd area, or (2) reducing the number of residences. in order rCi maintain a relLSonable amount of green space and/or a.ppropriate aesthetic. 01/10/2006 15:46 FAX 3124430336 LORD BISSELL & BROOK LLP ~ ()05l0:~:5 U)RD BISSELL W BROOK UP ATlQRME'fS AT lAW Mr. Wilfuun Cooney, AICP Village of Mount Prospect January 10, 2006 Page 4 We would be happy to discuss these matte%S with you fUtther. As you know, we also would like to a.chieve a. :resolution of all outStanding issu<:s and obWning final approval a.t the Board's Janua.ty 17'!> meeting in light of our oUJ:standing commitments to the prospective purchasers. Respectfully submitted, LORD, BISSELL & BROOK LLP '{;UO- ?-l~<;>-- Robert]. Pugliese Attorney for the Appliant RJP:jbc Enclosure cc: With Enclosure B. Glln:lli D. Manikas CHll1t53022vl 01/10/2006 15:46 FAX 3124430336 LORD BISSELL & BROOK LLP ~ 006l(l~:5 This Document Prepared By and After Recording Return To: Donald J. Manikas Lord, Bissell & Brook LLP 111 S. Wacker Drive Chicago, Dlinois 60606 (312) 443-1848 Space above for recording DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS ELMHURST TOWNHOMES TIllS DECLARATION, made this _ day of ,2006, by SK PARTNERS ill LIMITED PARTNERSHIP, an lllinois limited partnership, and YVONNE DIMUCCI, AS TRUSTEE OF THE SALVATORE 1. nlMUCCl MARITAL TRUST No.7, an lllinois Grantor Trust (collectively, the "Declarant"), as owner and declarant which is bound to perfoTlIl. all of the Declarant's obligations contained in this Declaration. WITNESSETH; WHEREAS, Declarant is the Owner in fee simple and legal titleholder of each of fourteen (14) subdivided lots commonly known as 401 1b:rough 455 Elmhurst Road in the Village of MotlIlt Prospect, Cook County, Illinois, which real property is legally described in Exhibit "A" attached hereto, and incorporated herein by reference (the "Property'~); and WHEREAS, the Property currently is developed with twenty-eight (28) attached single family homes. two (2) each in fourteen (14) buildings, one (1) building on each of the fourteen (14) subdivided lots aforesaid; and WHEREAS, the Village of Mount Prospect, Dlinois (the "Village") has approved a conditional use permit for the Property to allow a residential planned unit development on the Property to be known as Elmhurst To\'vnhomes and consisting of twenty-eight (28) townhome dwelling units and associated infrastructute, landscaping, walkways, parking and other CHII 1153464vl 01/10/2008 15:47 FAX 3124430336 LORD BISSELL & BROOK LLP ~ 0(:r7./0:35 improvements, all substantially as shown on the PUD Plat attached hereto and incoIporated herein by reference as Exhibit "B" (the "Developmenr'); and WHEREASt Declarant desires to create a homeowners association for the purposes of maintaining and administering certain portions of the Property and the improvements thereon, as hereinafter provided; and WHEREAS, Declarant is desirous of submitting the Property to the provisions of this Declaration. NOW THEREFORE, Declarant hereby declares that the Property shall be held, sold, transferred, occupied and conveyed subject to the following covenants, conditions, easement reservations and restrictions, all of which shall run with the Property, and be binding on all parties having or acquiring any right, title or interest in the Property or any part thereof and shall inure to the benefit of each Owner (as hereinafter defined) thereof. ARTICLE 1 DECLARATION OF PURPOSES 1. General Purooses. The Declarant is the Owner of the Property located in Cook County, Dlinois, and desires to maintain thereon an attached single family townhome residential community development for future Owners of residential units thereon. a. The Declarant desires to provide and maintain upon the Property a hannonious development of a community of attached single family homes by the establishment of covenants and restrictions, as hereinafter set fortht for the benefit of the Property and the Owners thereof. b. The Declarant, by the establishment of covenants and restrictions and the reservation of certain powers unto itself, intends to provide and maintain a development on the Property that will enhance and protect the value of the Property. C. The Declarant intends to preserve the value of Units (as hereinafter defined) caused by activities within or upon their own or other Units. This Declaration is generally intended to prohibit the use of improper Of unsuitable building or landscaping design or materials, to ensure adequate and reasonable maintenance of the development of the Property, to encourage the maintenance of attractive improvements, to prevent haphazard and inhannonious design and, in general, to provide for a high quality of improvements with the general purpose of maintaining the desired character of the community for the benefit of the Owners therein. d. The Declarant wishes to establish covenants for the Property which will allow the Owners and residents of each Unit, to the greatest extent compatible with the need to regulate use in a manner customary for a townhome community. to enjoy the use of a Unit in comparable fashion to a single family detached home. 2. Declaration. To further the general purposes herein expressed, the Declarant, for itsel~ its successors and assigns, hereby declares that the Property) whether or not referred 2 01/10/2006 15:48 FAX 3124430336 LORD BI3SELL & BROOK LLP III 00:::/0:35 to in any deed of conveyance of such properties, at all times is and shall be held, transferred, sold, conveyed and occupied subject to the covenants and restrictions herein set forth. The provisions of this Declaration are intended to create mutual equitable servitudes upon each Unit becoming subject to this Declaration in favor of each and all other such Units; to create privity of contract and estate between the grantees of such Units, their heirs. successors and assigns; and to operate as covenants running with the land for the benefit of each and all such Units becoming subject to this Declaration, and the respective Owners of such Units, present and future. ARTICLE 2 DEFINITIONS Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in this Article 2. The following words, when used in this Declaration shall, unless the context shall prohibit, have the following meanings: 2.1. Assessment , Sh~ll mean any and all regular or special assessments which may be assessed against a Unit in accordance with the provisions of this Declaration. 2.2. Association. Shall mean and refer to the homeowners association established for the Development intended to be mown as Elmhurst Townhomes Homeowners Association, an llIinois not-for-profit corporation, and a common interest conununity as defined in Section 9-102 (a through d, both inclusive). ofllie illinois Code of Civil Procedure as from time to time amended, its successorS and or assigns. Prior to the Turnover Date (as hereinafter defined), the Declarant shall have all powers of the Association as set forth in this Declaration and, as the context requires, references in this Declaration to the Association shall be deemed to refer to the Declarant prior to the Turnover Date. 2.3. Board. Shall mean and refer to the Board of Directors of the Association which shall govern and control administration and operation of the Property from and after the Turnover Date. In the event the Board has appointed an architectural committee to review proposed plans relating tQ improvements on the Property, which committee shall be not less than three (3) persons, any references to the Board review of and action with respect to such plans shall be deemed to refer to such architectural committee to the extent that the Board has delegated such matters to such committee. 2.4. Bv-Laws. ShaJI mean and refer to The By-Laws of the Association as published on the date of recording of the Declaration, and as subsequently amended from time to time. 2.5. Common Expense. Shall include but not be limited to (a) those expenses incurred by the Association in maintaining the Parking Lot, the Walkways, the Landscaping, the Garbage Enclosures~ and any other cornmon improvements the maintenance of which has been undertaken by the Association in accordance with the provisions contained in this Declaration and the By-Laws, (b) reserves established by the Association to cover unanticipated maintenance items, potential capital repair, improvement or replaceme. and other reasonable contingencies and (c) any other charges that may be incurred as a result of 3 01/10/200B 15:48 FAX 3124430336 LORD BISSELL & BROOK LLP IaJ 00:3/035 work done or charges assessed by the Village O\\ing to the failure of the Association to .fulfJJl its obligations contained in this Declaration. Common Expenses, which may include capital reserves, shall be assessed in equal share to each Unit. 2.6. Conditional Use Ordinance. Shall mean and refer to the Planned Unit Development Conditional Use Ordinance adopted by the Village of Mount Prospect on the _ day of . 2006, as its Ordinance No including amendments thereto, if any. 2.7. Declarant. Shall mean and refer to, initially, SK Partners ill Limited Partnership, an lllinois Limited Partnership and Yvonne A. DiMucci as Trustee of the Salvatore 1. DiMucci Marital Trust No.7. an lllinois Grantor TI1lSt, or any nominee or assignee of the powers of Declarant as provided in a writing made in conjunction with a conveyance of all of Declarant's interest in the Property, until the earlier of (a) such time that Declarant no longer owns a Unit, or (b) such time that Declarant transfers the powers and obligations of the Declarant to the Association, together with all applicable records, contracts and accounts, at which time all references in this Declaration to the Declarant shall be deemed to refer to the Association, which shall be and act as the Declarant and be bound to perform all obligations to the Declarant as set forth in this Declaration. 2.8. Directors. The By-Laws shall provide for a Board of Directors which shall consist of not less than three (3), nor more than five (5) persons, all of whom shall be Owners. The first Board of Directors shall be appointed by the Declarant and shall serve until replaced by a vote of the Membership upon or subsequent to the Turnover Date. 2.9. Dwelling. Shall mean any attached single family townhome located on and within a Unit and intended for the shelter and housing of a single family. 2.10. Easements. Shall mean all easements declared and created pursuant to the terms and provisions ofthls Declaration, all existing easements lawfully recorded against any portion of the Property prior to the date of recording of this Declaration, and all future easements lawfully recorded against any portion of the Property subsequent to the date of recording of this Declaration if the written consent of Declarant to the grant of such easement is recorded. 2.11. Garbage Enclosure. Shall mean each of the fifteen (15) fenced, rear yard areas used and intended to be used for storage of refuse containers, including the fencing surrounding such areas, all as shown on the Exhibit C attached hereto. 2.12. Landsc~. Shall mean the landscaping improvements on the Property, including the lawns, as existing or to be provided in accordance with the Landscape Plan approved by the Village as part of the Village's approval of the PUD Plat, and any amendments thereto as approved by Declarant and the Village. No landscaping improvements made to a Unit by an Owner or resident of such unit following the date of this Declaration shall be deemed to be Landscaping, unless it has been approved by the Board and the Association has agreed to undertake the maintenance of same. 4 01ilOi200B 15:49 FAX 3124430338 LORD BISSELL & BROOK LLP I:!I010/035 2.13. Member or Membership. Shall mean and refer to every person or entity who holds membership in the Association. The By-Laws shall provide that there shall be one class of ownership interests which shall be the Owners of the Units. Membership in the Association shall be appurtenant to the ownership of a Unit and may not be separated from such ownership. No one who is not such a record Owner may be a member of the Association. Where the ownership interest establishing Membership is held by more than one (1) person, all persons having a portion of such interest shall be Members and their vote shall be a single vote cast as the majority of them, determined by percentage of ownership, shall determine among themselves. If multiple Owners of a Unit fail to produce a majority vote (e.g. a fifty-fifty split), no vote for such Unit shall be counted. A member shall be entitled to vote by written proxy. The Board shall rule on the validity and sufficiency of written proxies and the determination of the Board shall be final and conclusive and not subject to appeal or arbitration except upon clear proof of fraud. 2.14. Owner. Shall mean and refer to the record Owner, whether one or more persons, individuals or entities, of a fee simple title to any Unit or group of Units, which is part of the Property, but excluding those having such interest merely as security for the peIfonnance of an obligation. 2.15. Parking; Lot. That portion of the Property located adjacent to the public alley at the rear of the Property which is improved and maintained for parking for each of the Units and visitors, including all paving, curbing, lighting and other structural improvements. 2.16. Party Wall. Shall mean the entire wall and any portion of the building foundation directly below any portion of said wall, from front to rear of a building, all or a portion of which is used to divide and/or support adjoining Dwellings located on adjoining Units, situate or intended to be situate, on the common Unit parcel line. 2.17. Patio. Shall mean the paved area abutting each Townhome a.t the rear of the building, constructed and intended to be used as an outdoor recreational area and not as a pathway for entry to any Unit or Townhome. Walkways are not Patios. 2.18. Person. Shall mean and refer to a natural individual, c.orporation, partnership, trustee or other legal entity capable of holding title to real property. 2.19. PUD Plat. Shall mean the Plat of Planned Unit Development for the Property approved by ordinance of the Village as set forth in Exhibit "B" and as fmt recorded in the official records of Cook County County, Illinois, and as thereafter from time to time amended or supplemented with the approval of the Village. 2.20. Property. Shall mean and refer to the real estate legally described in Exhibit "A" attached hereto and made a part hereof. 2.21. Single Family. Shall have the meaning then assigned to such term or similar term as set forth in the Village Zoning Ordinance. 2.22. Stooo. Shall mean the raised entry step at the front door of each Townhome. 5 01/10/2006 15:49 FAX 3124430336 LORO BISSELL ~ BROOK LLP ~(j11/035 2.23. Turnover Date. Shall mean the date upon which the Declarant transfers its control of the Property pursuant to the Dcclaration to the Association, along with all applicable records, contracts and accounts. 2.24. Townhome. Shan mean each Dwelling which is part of a two-dwelling building constructed and intended to be occupied as an attached single family residential dwelling. 2.25. Unit. Shall mean and refer to each of the twenty-eight (28) parcels shown upon the recorded PUD Plat. 2.26. Unit ParkinJj~ Area. Shall mean that portion of the Parking Lot designated on Exhibit C attached hereto as being reserved for the exclusive use of a particular Unit, regardless of whether such Unit Parking Area is located wholly within the property lines of the corresponding Unit. 2.27. Village or Village of Mount Prospect. Shall mean and refer to the Village of Mount Prospect, Illinois, its successors and assigns. 2.28. Visitor Parking Spaces. Shall mean those parking spaces in the Parking Lot identified as Visitor Parking Spaces on Exhibit C attached hereto which are not part of any Unit Parking Area and over which an easement to all Units is reserved in this Declaration for parking by all visitors and invitees. Residents of a Dwelling are prohibited from parking on Visitor Parking Spaces. Non-resident Owners may only park on Visitor Parking Spaces during such time as they are present at the Property. 2.29. V otin,& Owners of one or more Units, whose Membership in the Association is predicated upon ownership of a Unit, are entitled to one (1) vote for each Unit owned. 2.30. Walkways. Shall mean all paved areas on the Property, other than the Parking Lot, Stoops or Patios, providing walking paths within the Development. ARTICLE 3 EASEMENTS 3.1. Association Easement Ri2hts. There is hereby reselVed to the Association a blanket easement over, under, on, and across the Property to inspect, maintain, repair. replace, construct or take such other action as may be reasonable or necessary for the Association to perform the obligations required of it under this Declaration to perform other maintenance or responsibilities lawfully assumed by it in accordance with the provisions of this Declaration and the By-Laws or to perform maintenance, make repairs or take other action that it is entitled to take under this Declaration or the By-Laws. Except for emergency circumstances involving imminent peril to persons or property. the Association shall not enter the interior of a dwelling without giving reasonable, prior. written notice to the Owner and resident in the manner to be prescribed by the Board. 3.2. Public Utility Easements. To the extent reasonably necessary to provide or continue to provide public utility services to all or any of the Units. upon written request an 6 -~--'----'~"",=;"",.""="'~'='~.'.o,=",",--:!,'"w,:;~?I."',''';o:;mf'~""",,,,,__._.~- -- -_""""""''-=,,,^,,,,,_,,,,,,.=,,,,,~__*____ 01/10/2006 15:50 FAX 3124430336 LORD BISSELL & BROOK LLP ~012./(I:::5 Owner shall grant such public utility easements over. under, on, or across such Owner's Unit in locations approved by the Association, the public utility and the Village, provided that no Owner shall be required to grant such an easement if it would materially interfere with such Owner's use and enjoyment of the Owner's Unit. With respect to the existing, shared sanitary sewer mains currently serving all adjoining Units, a perpetual easement is hereby reserved in favor of each Unit over the adjoining Unit for the continuation of the shared sanitary sewer mains and appurtenances thereto providing a common benefit line in their current location(s) or such alternate location(s) as may be agreed upon by the respective Owners upon any relocation of same, together with the mutual right and obligation of such adjoining Units to share equally in the costs of maintenance, replacement or repair of such sewer improvements which provide a common benefit, to the point of comection with the public utility providing service. Pursuant to a. request made in accordance with the provisions of Section 3.8, each Owner of a Unit shall have the right of access to the adjoining Unit, upon reasonable notice conunensurate with the circumstances, for the purposes of periodic inspection, maintenance, repair or replacement of those portions of the main andJor appurtenances thereto providing common service to the adjoining Units. 3.3. Parking Lot Easement to Association. Without limiting the generality of Section 3.1 above, there is hereby reserved to the Association a perpetual easement over, lUlder, on and across the Parking Lot, as depicted the PUD Plat, on to maintain, repair, replace, or take such other necessary actions with respect to the improvements located or intended to be located thereon or to enforce an Owner's Unit Parking Area rights or to enforce any person's right to use of the Visitor Parking Spaces. 3.4. Unit Parking Area Easement Rights. There is hereby reserved to each Unit a perpetual and exclusive right to park on the area designated on E:xbibit C hereto as the Unit Parking Area for such Unit, regardless of whether the Unit Parking Area is located wholly within the property lines of such Unit; provided, the Association shall have the right to re- stripe or alter the configuration of the Parking Lot and/or Unit Parking Areas, subject to any required approval of the Village, and subject to the continuing right of each Unit to equal and comparable parking rights. 3.5. Visitor Parkin2 Spaces Easement Rillhts. There is hereby reserved to all Owners, for the use and benefit of visitors or other invitees of the residents of the Dwellings, a non-exclusive easement over the areas designated on Exhibit C attached hereto as Visitor Parking Spaces, for the limited pwpose of parking on such Visitor Parking Spaces while present at the Property and for no other pmpose. Residents shall be prohibited from parking on Visitor Parking Spaces. Non-resident Owners may park on Visitor Parking Spaces only while present at the Property. The Association shall have the reserved right to relocate the Visitor Parking Spaces in connection with any re-assignment of Unit Parking Areas as provided for in Section 3.4 above, and to relocate or reduce the number of Visitor Parking Spaces should circumstances require that one or more Visitor Parking Spaces be eliminated in order to maintain two (2) parking spaces per Unit. 3.6. Garbae-e Enclosure Easements. There is hereby reserved to each Unit a perpetual right, exclusive except as to any other Unit expressly granted such right herein, to access and use the Garbage Enclosure(s) designated on Exhibit C a.ttached hereto as the 7 01/10/2006 15:51 FAX 3124430336 LORD BISSELL & BROOK LLP ~ () 1 :::/O~:5 Garbage Enclosure for such Unit. To the greatest extent feasible, refuse placed into the Garbage Enclosure shall be put into a closed container, such as a covered garbage can or similar container. The Association shall have the right to relocate and/or change the designated Garbage Enclosures for a Unit~ subject to the continuing right of each Unit to reasonable and comparable access and to and use of a Garbage Enclosure. 3.7. Perpetual Easement. The Village and all other governmental entities having relevant jurisdiction and authority is hereby granted a perpetual easement to enter upon the Property fOf the purposes of providing emergency services. 3.8. Adjoining Units Easement Rights. To the extent reasonably necessary to perfonn maintenance or repairs of a Unit with respect to shared or integrated elements thereof, including but not limited to roofs, gutters, Patios, walkways, stoops, Party WaIls, or the like, upon request each Ovvner shall grant to the Owner of an adjoining Unit such temporary easement rights as are reasonably necessary to perform such maintenance or repairs, under such terms and conditions as are customary, including the provision of indemnifica.tion and evidence of insurance. Any disputes regarding such requests shall be resolved in the manner provided in Sections 5.3 and 6.2. ARTICLE 4 COVENANTS FOR ASSESSMENTS AND CHARGES 4.1. Creation of the Lien and Personal Obligation for Assessments and Charges. Each Owner of a Unit, by acceptance of a deed therefor, whether or not it shall be so expTessed in any such deed or other covenants, hereby covenants and agrees and shall be deemed to covenant and agree to pay to the Association, for each Unit owned by such Owner, all assessments and charges levied pursuant to this Declaration. Such assessments and charges, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge and a continuing lien upon the Unit against which such assessment or charge is made. The obligation to pay each such assessment or charge, together with such interest and costs, shall also be the continuing personal obligation of the person who was the Owner of such Unit at the time such assessment or charge fell due, until paid. 4.2. Pwpose of Assessments and Char~es. a. The assessments levied by the Declarant or Association for Common Expenses shall be used for the purpose of promoting the recreation, health, safety and welfare of the Owners of the Units and, in particular, without limiting the foregoing, for maintenance, improvement and additions of and to all improvements to the Property, including but not limited to maintenance of utilities whether or not within the right-of-way, maintenance of the Landscaping, for all insurance, professional and other services, materials, supplies, equipment and other costs and expenses incident to the maintenance thereof, for payment of fees levied by the Village, for reasonable capital reserves, and for otherwise carrying out the duties and obligations of the Board and of the Association as stated herein and in its Articles of Incorporation and By- Laws. 8 01/10/2006 15:52 FAX 3124430336 LORD BISSELL & BROOK LLP ~014/0% b. Charges may be assessed against one or more Owners for the expense of repairing damage caused to the Property by such Owner(s) which would have been a Common Expense if not caused by such Owner(s). Charges also may be assessed against one or more OWners for expenses incurred by the Association in performing maintenance or repairs to a Unit which the Owner(s} wrongfully fails to perfoml, all in accoTdance with the provisions of this Declaration and the By-Laws. 4.3. Assessment Procedure - Annual Assessments. Each year, on or before September 1, the Board shall prepare a budget for the Association for the following calendar year which shall include estimated cash expenditures and reasonable amounts as a reserve for repairs to and replacement of all improvements on the Property, to include a reserve for repairs and replacement of those portions of the improvements for which the Association is responsible, and for other areas maintained by the Association and for such other contingencies as the Board may deem proper. and shall. on or before October 1, notifY each Owner in writing of the amount of such estimate, with reasonable itemization thereof. The notice to each Owner shall contain the estimated budget, the monthly assessment amount that shall become due from each Owner, a request that the Owner provide to the Board within thirty (30) days, any comments or suggestions regarding the budget, and a statement that the Board will consider the responses received from the Owners and will adopt a resolution which levies the 8IUlual assessment based upon the estimated budget at a meeting called for that purpose prior to January 1 of the following year. The budget shall also take into account the estimated net available cash income for the year, if any, that may be received by the Association. On or before January 1, following the preparation of the budget, and on the first day of each and every month for the next twelve (12) months, each Owner, jointly and severally, shall be personally liable for and obligated to pay to the Board or as it may direct, one-twelfth (1112) ofthe assessment made pursuant to this Section. On or before September 1 of each year following the initial meeting, the Board shall supply to aU Owners an itemized accounting, on an accrual or cash basis, of expenses for the preceding twelve (12) months together with a tabulation of the assessments and showing net excess or deficit, on an accrual or cash basis, of income over the sum of expenses plus reserves. Any such excess may, at the discretion of the Board, be retained by the Association and shall be placed in a reserve account. a. If said annual assessments prove inadequate for any reason, including non-payment of any Owner's assessment, the Board may, subject to the limitations on the use of capital resetVe$ in Section 4.5, charge the deficiency against existing reserves, or levy a further assessment which shall be assessed equally against all Units subject to assessment. The Board shall serve notice of such further assessment on all Owners by a statement in writing showing the amount due and reasons therefor, and such further assessment shall become effective with the monthly installment which is due more than ten (10) days after delivery or mailing of such notice of further assessment. All Owners shall be personally liable for and obligated' to pay their respective adjusted monthly assessment. b. The failure or delay of the Board to prepare or serve the annual or adjusted estimate on any Owner shall not constitute a waiver or release in any manner of such Owners obligation to pay the maintenance costs and necessary reserves, as 9 01/10/2006 15:52 FAX 3124430336 LORD BISSELL & BROOK LLP ~ (J 15/():~:5 herein provided, whenever the same shall be determined, and in the absence of any annual estimate or adjusted estimate the Owner shall continue to pay his monthly installment at the then existing rate established for the previous period until the monthly installment which is due more than ten (10) days after such new annual or adjusted estimate shall have been mailed or delivered, 4.4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Board may levy special assessments for the purpose of defraying, in whole or in part, the cost of constructing or purchasing a specified capital improvement to areas maintained by the Association and for the necessary fixtures and personal property related thereto. The sum total for all Units involved shall :first be approved by a majority of the Board and thereafter by a majority of the votes cast by the Members present at a general or special meeting duly called for that purpose or, in lieu of such Members meeting, by an instrument signed by the Members owning two-thirds (2/3) of the Units. Special assessments levied hereWlder shall be due and payable at such time or times and in such manner as shall be fIxed by the Board or, where applicable, as approved by the Members, and shall be used only for the specific purpose for which such assessment was levied. 4.5. Capital Reserves. To the extent the annual budget includes an amount specifically designated as a capital reserve, that proportion of each installment of the annual assessments paid to the Association as the amount so designated as a capital reserve bears shall be segregated and maintained by the Association in a special capital reserve aCcoWlt to be used solely for making repairs and replacements to the areas maintained by the Association, which the Association is obligated to repair and replace in accordance with the provisions of this Declaration, and for the purchase of equipment to be used by the Association in connection with its duties hereunder. 4.6. Notice and Quorum. Written notice of any meeting called for the purpose of authorizing special assessments which requires approval of the Members shall be sent to all Members not less than ten (10) days nor more than thirty (30) days in advance of such meeting. At the first such meeting called, the presence of twenty percent (20%) of the voting Members in person or by proxy shall constitute a quorum. If required quorum is not present another meeting may be called subject to the same notice requirement and the required quorum at the subsequent meeting shall be ten percent (10%) of the Members. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 4,7. Uniform Assessments. Both annual and special assessment must be applied in exact equal amounts to each of all Units. Any reserve capital required shall be charged in exact) equal amounts to all Units. 4.8. Collection of Assessments. Any instalhnent of an assessment which is not paid when due shall be delinquent. If said installment is not paid within thirty (30) days after the due date, the Board may, upon written notice to such Owner of sucb delinquency, charge interest at a rate not to exceed the statutory allowable rate on the Wlpaid balance, plus statutorily allowable administrative fees. The Association may bring an action against the Owner personally obligated to pay assessments and recover the same, including interest, costs and reasonable attorney fees for any such action, which shall be added to the amount of such 10 ~~~""~"_-~----~_'~~""'~-="""~"'o'''''^"r',",,-';;''i.~';'-~.- <-"~~~~--~'~',~'"_'~,G~?,,,,,,,'"__"~~~'_"__'__ -- -'---'--",-"""_C"''''''~''''''''''W':,''''''"'=''''''~~____ 01il0i200B 15:53 FAX 3124430336 LORD BISSELL & BROOK LLP ~ 01 E:iO:35 assessment and included in any judgment rendered in any such action. To the extent permitted by any case law decision or any statute or law now or hereafter effective) the amount of any delinquent and unpaid charges or assessments, and any such accelerated insta11ments~ together with interest, late charges as determined by the Boar~ costs and attorney fees as above provided, when payable shall be and become a lien or charge in favor of the Association and may be foreclosed by any action brought in the name of the Association. 4.9. Notice and Cure of Lien. In the event that a lien has been recorded in favor of the Association, then the party against whom there is a charge shall be notified at the Unit address by Certified U.S. Mail (Return Receipt Requested), shall have thirty (30) days from the date of mailing which to cure said charge and lien, and in the event that it is not cured, then the Association may commence proceedings to foreclose on the recorded lien. 4.10. No Waiver of Liabilit}". No Owner may waive or otherwise escape liability for assessments provided for herein by non-use of the areas maintained by the Association, or abandonment of its Unit. Any claim by an Owner against the Association shall be separate action and shall not be used as a defense or counterclaim to an action by the Association to collect assessments. 4.11. Subordination of the Lien to Mortgages. The lien of, the assessments provided for in this Article shall be subordinated to the lien of any institutional first mortgage. When any property interest entitling the Owner to Membership in the Association is sold or transferred pursuant to foreclosure of such mortgage, or any proceeding in lieu thereof, the lien of all assessments whose payments became due after the execution of such mortgage but before such sale or transfer shall be extinguished, and the amount owing to the Association shall be paid by the Members of the Association; provided) however, that if there is a surplus from said sale or transfer above the amount needed to satisty the first mongage, it shall be used as needed to satisfY the aforesaid assessment lien. No sale or transfer of any other kind shall affect the assess~ent lien. All assessments whose payments became due after any foreclosure sale or transfer shall continue to be a lien as provided in this Article. Assessments whose lien has been extinguished pursuant to this Section shall continue to be the personal obligation of any person who was the Owner or part-Owner' of the property at the time the assessment was made, and said obligation shall be joint and several as to all persons having. an ownership interest when such assessment was made against a Unit. 4.12. Undivided Tax Prorations. Declarant shall petition Cook County to assign separate tax parcel numbers for each Unit. In the event any real estate tax bills are issued for more than one Unit as part of an undivided tax parcel, each Owner of the Units included in such tax bill shall contribute one half of any such real estate taxes based upon any undivided tax bill. If either Owner elects to protest or appeal the assessment of the undivided tax parcel. the other Owner shall cooperate with and to the extent legally required join in any such proceeding at the sole cost of the protesting or appealing Owner, unless otherwise agreed by the Owners. II 01i10i200B 15:54 FAX 3124430336 LORD BISSELL & BROOK LLP ~017/0a5 ARTICLE 5 MAINTENANCE, USE AND OCCUPANCY The following covenants and restrictions set forth in this Article 5 as to use and occupancy are subordinate to the terms of the Conditional Use Ordinance for the Property approved by the Village, and where there may be conflicting provisions the most restrictive provisions shall apply. 5.1. Standards of Maintenance. All maintenance of an improvements on the Property, whether the obligation of the Association or of the Owners, shall performed in a good and workmanlike manner. All improvements shall be maintained in a neat, clean and safe condition and manner. 5.2. Maintenance bv Association. The Association shall have the primary obligation and right to maintain (excepting snow and ice removal) the Landscaping, which shall include the mowing of lawns, the Walkways, the Parking Lot, and the Garbage Enclosures. The Board may elect from time to time to assume the primary right and obligation to remove snow and ice from any or all of the following; the WaIkways, the Stoops, or the Parking Lot. The Association shall have the right to maintain any improvements which are the primary obligation of an Owner if the Owner has failed to perform such maintenance in accordance with the standards set forth in the Declaration or as may be adopted and published by the Board, following written notice to the Owner and such Owner's failure to commence a cure within ten (10) days following such notice and thereafter diligently prosecute same to completion. In the event the Association undertakes such maintenance following an Owner's failure to cure, the Association shall be entitled to reimbursement for the expenses it incurs within ten (10) days following presentation of an itemized charge to the responsible Owner or Owners. For all overdue charges for such amounts, and the costs of collecting same, the provisions of Article 4 of this Declaration with respect to the Association's rights to assert and foreclose a lien with respect to Assessments shall also apply to the collection of charges against an Owner pursuant to this Section 5.2. 5.3. Maintenance by Owners. Each Owner, with respect to such Owner's Unit and Unit Parking Area, shall be responsible for all maintenance which is not the obligation of the Association or has not been assumed by the Association in accordance with its rights to elect certain common maintenance responsibilities. In the event that maintenance relates to an improvement which provides a common benefit to adjoining Owners~ such as but not limited to Party Walls, Stoops, Patios, shared sanitary sewer lines, roofs, and gutter systems,. and one Owner fails, after written request from. the other Owner, to reasonably cooperate in arranging, contracting fOf! or paying for such maintenance costs, either Owner may present the matter to the Board for an advisory opinion as to how the matter should be handled. If such an advisory opinion has been obtained and one Owner declines to cooperate in arranging, contracting for, or paying for such maintenance, then either Owner may submit the matter for binding arbitration as provided for in Article 6 of this Declaration. Further. if an Owner fails to follow the Board's advisory opinion and is not the prevailing party in a subsequent arbitration proceeding regarding the same matter, then such Owner shall be liable to the prevailing Owner for all of the prevailing Owner's reasonable costs of arbitration. including but not 12 01/10/200B 15:54 FAX 312443033B LORD BISSELL & BROOK LLP ~OlB/O:;:5 limited to arbitration fees, witness fees, attorney fees, and the like, in an amount to be detennined by the arbitrators and included in the final award by the arbitrators. 5.4. Permitted Uses. In General. The only use which may be established for each Unit is one attached, Single-Family Dwelling, excluding trailers, mobile homes, and prefabricated package homes. All Units shall be used only for housing, parking and related common purposes for which the Property was designed. Each Dwelling shall be used as a residence for a Single Family and no other purpose. No industry, business, trade, occupation or profession of any kin~ connnercial, religioust educational or otherwise, designated for profit, altruism, exploitation or otherwise, shall be conducted, maintained or permitted on any Unit. A resident shall not be considered to be actively engaged in the activities listed in this Section 5.4 if from time to time such resident meets with a customer, client or business associate at the Dwelling and said meetings do not occur on a frequent and regular basis. The restriction in this Paragraph 5.4 shall not, however, be constmed in such a manner as to prohibit a resident from: a) maintaining a personal professional library therein; b) keeping personal business reconis or accounts therein; or c) handling personal or professional telephone calls or correspondence therefrom. Such uses are expressly declared customarily incident to the principal residential use and not in violation of any provision of this Section 5.4. 5.5. Prohibited Activities. In General. No noxious or offensive activity shall be conducted on, in or upon the Property, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No plants or seed or other conditions, harboring or breeding infectious plant disease or noxious or dangerous insects (specifically including bees) shall be introduced or maintained upon any part of a Unit. The use of bug lights that attract by fluorescent or other lamp and then eradicate by electrical current is prohibited. 5.6. Front and Side Yards. No improvements shall be allowed in any front or side yard except as may be allowed in the sole and absolute discretion of the Board. 5.7. Rear Yards. The Board may promulgate reasonable roles and regulations regarding the use of rear yards, meaning the areas from the rear wall of the Dwelling extended to the lot line to the nearest boundary of the Parking Lot, with a view to preserving the aesthetics of the Development while allowing residents reasonable use of the rear yards to a comparable extent as enjoyed by owners of single family detached homes. By way of illustration, but not binding on the Board, the Board may choose to allow small flower or vegetable gardens, children"s sandboxes or small play-sets. patio furniture, patio privacy fences, or similar permanent or temporary improvements or stmclures. No storage sheds or swimming pools of any type shall be allowed, including inflatable or removable children's pools. Other than a common fence established and maintained by the Association for screening purposes with necessary Village approvals (and Garbage Enclosure screening fences). no fences shall be allowe~ except that the Board may approve Patio privacy fencing if requested by both Owners of adjoining Units on a lot. The Board shall exercise reasonable discretion in approving or disapproving such fences and may establish a uniform standard of design and material for same. 13 01/10/2008 15:55 FAX 3124430336 LORD BISSELL & BROOK LLP JtI (I 1 :3/(.i~:5 5.8. Subdivision of Units. No Unit shall be divided or subdivided, and no part of less than the whole thereof may be conveyed. 5.9. Storage of Materials. No Owner shall allow a resident of such Owner's unit to accumulate, store or allow on such Owner's Unit or Unit Parking Area abandoned or junked vehicles, litter, refuse (except within Garbage Enclosures)) or other unsightly materials. No Unit shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitmy, covered containers. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. 5.10. No Repair of Vehicles. The repair or maintenance of any motorized vehicle shall not be pennitted, except for the washing or cleaning or such vehicle within an Owner's Unit Parking Area. 5.11. Alley and Parkinli! Lot Access. There shall be no obstruction of the public alley abutting the Development, nor shall ready access to any Unit Parking Area reserved to another Owner be obstructed or impeded in any manner. 5.12. Animals and Pets. No animals of any kind shall be raisedJ bred or kept on any Unit, except that dogs) cats or other household pets may be kept subject to rules and regulations adopted by the Board, provided that they are not kept, bred or maintained for any commercial purposes, and provided further that any such pet causing or creating a nuisance or unreasonable distm-bance shall be permanently removed from the Property upon ten (10) day's written notice from the Board. No Unit shall house more than two (2) dogs or two (2) cats or any combination thereof. Dog(s) must be leashed and attended when outside of a Unit. 5.13. Radios and Antennae. The operation of a "ham" or other amateur radio station of the erection of any communication antennae or similar device (other than simple mast antennae less than two (2) feet tall located on a roof of a Dwelling) shall not be allowed unless approved in writing in advance by the Board. Satellite dishes up to two (2) feet in diameter are permitted with an acceptable landscape plan and approval from the Board. All antennae and satellite dishes must conform to and be permitted by the provisions of the Village Zoning Ordinance. Building permits must be obtained from the Village prior to the installation of any antennae or satellite dish. Notwithstanding any of the provisions of this Section, all satellite dishes must comply with all provi6ions of any federal and state regulations as they pertain to the installation and use of satellite dish receivers. 5.14. Grading. No person shall materially alter the grading or stonn water flow on a Unit without the prior approval of the Board and, when required) the Village. All areas of the Units designed or intended for the proper drainage of stonn water shall be kept unobstructed. 5.15. Sump Drains. Sump pump drainage from residential structures shall be directed towards splash blocks on grade. 5.16. Window Coverin~s. The covering of windows and other glass surfaces, whether by shades, draperies or other items visible from the exterior of any dwelling, shall be 14 01/10/2006 15:56 FAX 3124430336 LORD BISSELL & BROOK LLP ~ 02()/O:::5 subject to the roles and regulations of the Board, at such time as the same are enacted, but the same shall not be unreasonably regulated. 5.17. For Sale Signs. No '~or Sale' or "For RentU signs, advertising or other displays shall be maintained or pennitted on any part of the Property, except at such locations and in such form as shall be reasonably and uniformly determined by the Board. 5.18. Storae:e of Excavation. No Owner shall allow excavation or fill to be created or installed upon a Unit. 5.19. Parking of V chicles. No commercial vehicles (except, if allowed by the Village's general ordinances and of a size which can fit within a standard parking space, a pick-up truck, sport utility vehicle, or similar vehicle owned by the resident of a Unit and also used by such resident as a personal vehicle), mobile homes, motor homes, trailers, or other such vehicles, shall be parked in the Parking Lot or within any Unit, except on a temporary and non-recurring basis. Temporary means six (6) hours within a thirty (30) day period and then for the sole purpose of loading and Wlloading such vehicle, except this limitation shall not apply to contractor's vehicles when engaged in necessary maintenance or repairs. 5.20. Notices. Article 5 shall be enforced by written notice delivered to the alleged violator in person or by U.S. Mail, and if delivered by mail, then mailed by Certified Mail, postage prepaid, properly addressed, return receipt requested If any violation is not corrected within ten (l0) days, or within such time as may be designated in said notice. then a notice of hearing shall be delivered in the same manner as set forth above at least seven (7) business days prior to the hearing date for the violation, whether at a regular or special Board nleeting. If the violation is not remedied by the meeting date, then the violator shall be subject to [mes as established by the Board, a copy of which fine amounts shall be mailed to the alleged violator at least seven (7) business days prior to the meeting. The Board may grant the violator additional time to correct the violation. The Board may also initiate third party action to remedy the problem and charge the violator for the cost of the same. Each Owner by acceptance of a deed does hereby grant to the Association, its successors and assigns, a temporary easement onto his or her property for the limited pmpose of remedying any violation which the Owner refuses or neglects to do after the Association has complied with the notice provisions of this Section 5.20. 5.21. Mortgagee Information. Any Owner who mortgages or sells a Unit shall notify the Board and provide the name and address of the mortgagee or new Owner in writing. 5.22. Board Regulations. Regulations promulgated by the Board concerning the use of the Property shall be observed by the Members and their residents. Copies of such regulation shall be made available to each Owner prior to the effective date thereof.\ 5.23. Posting. No Owner or resident shall post any advertisement or posters of any kind in OT on the Property except as authorized by the Board. This provisions shall not apply to the Declarant's marketing signs prior to the Turnover Date. 15 01/10/2006 15:56 FAX 3124430336 LORD BISSELL & BROOK LLP ~021.l0:::5 5.24. Interior Alterations. No interior alterations to a Dwelling are pemlitted which would impair the structural soundness of any Party Wall, reduce the levels of fire safety in neighboring Dwellings, or diminish the heat and sound insulation between adjoining Dwellings. 5.25. Line DI)'iIlg. No garments, rugs, clothes or the like may be hung on a line to dry except within a Dwelling. ARTICLE 6 INSURANCE, PARTY WALLS AND ARBITRATION 6.1 Party Walls. a. To the extent not inconsistent with the provisions of this Article, the general rule of law regarding party walls and liability for property damage due to negligence or willful acts or omissions, shall apply to each Party Wall or other integrated structural components. shared by adjoining Dwellings as part of the original construction and any replacement or modification thereof. b. ill the event that any portion of any stru.cture~ as originally constructed, including any Party Wall, shall protrude over an adjoining Unit, such structme or Party Wall shall not be deemed to be an encroachment upon the adjoining Unit, and Owners shall neither maintain any action for the removal of a Party Wall projection, nor any action for damages. In the event there is a protrusion as described in the immediately preceding sentence, it shall be deemed that said Owners have granted perpetual easements to the adjoining Owner or Owners for continuing maintenance and use of the projecting structure or Party Wall. The foregoing shall also apply to any replacements of any structures or Party WaIls if same are constructed in conformance with the original structure or Party Wall. The foregoing conditions shall be perpetual in duration and shall not be subject to amendment of these covenants and restrictions. c. The cost of reasonable repair and maintenance of a Party Wall shall be shared equally by the Owners who make use of the wall. d. If a Party Wall is destroyed or damaged by fire or other casualty, and such damage is not otherwise covered by insurance, all Owners of Units sharing such wall shall contribute to the cost of restoration thereof in equal shares without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. e. Notwithstanding any other provisions of this Article, an Owner whose negligence or willful act causes the Party Wall to be exposed to the elements, shall bear the whole cost of furnishing the necessary protection against such elements. f. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. 16 01/10/2008 15:57 FAX 3124430336 LORD BISSELL & BROOK LLP ~ ()22l()~:5 6.2 Arbitration. In the event of any dispute arising between one or more Owners, an advisory opinion of the Board shall first be sought as provided for in Section 5.3. If the advisory opinion of the Board does not resolve or lead to the resolution of the dispute, each Owner shall choose one arbitrator, in the manner provided in the following paragraph~ and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators. The decision of the arbitrators shall be binding and conclusive upon the parties. However, any pa.rty to the dispute shall thereafter have the right to institute any action or proceeding, at law or equity. which he deems necessary or desirable to enforce or appeal the arbitration result. All disputes between or among Owners shall be resolved by arbitration in accordance with the then existing rules of the American Arbitration Association. Such arbitration shall be conducted at the request of any Owner by notice to any other Owner. before three arbitrators (unless the parties subject to such arbitration agree to one arbitrator) designated a.s follows: The party requesting the arbitration shall designate, in writing within fifteen (15) days of such request. the name of an arbitrator who is a member of the American Arbitration Association and knowledgeable in the issues being arbitrated, and the other Owner or Owners shall make a similar designation within the same period of time. Within twenty (20) days after the designation as aforesaid, the two arbitrators shall select and designate a third arbitrator. In the event the two arbitrators chosen are unable to agree upon a. third arbitrator. then the third arbitrator shall be designated by the American Arbitration Association. The arbitrators designated and acting under this agreement shall make their award in strict conformity with the Association's rules and shall have no power to depart from or change any of the provisions thereof unless expressly provided for in this Declaration. . Any such award shall be binding upon the parties and enforceable by any court exercising jurisdiction over the parties. Except as otherwise provided in Section 5.3, the Owner requesting arbitration shall bear one-half of the expenses or arbitration proceedings conducted . hereunder (other than witness fees and attorneys' fees), and the other one-half of such expenses shall be borne by the other Owner or Owners participating in such arbitration. pro rata. All arbitration proceedings hereunder shall be conducted in the Cook County, Dlinois. 6.3. Insurance. The Association shall be required to obtain and maintain adequate insurance on all of the Units which shall insure aU the improvements thereon, including the Dwellings, for full replacement value with no deductions for depreciation against loss by fire or other hazards or in an amount sufficient to prevents the Owner's from being co-insurers. Such insurance shall be sufficient to cover the full replacement value, or for necessary repair or reconstruction work. The cost of such insurance shall be a Common Expense and shall be included in all annual Assessments. The purpose of such insurance will be to protect and preserve and provide for the continued maintenance and support of separately owned Units which include Party Walls, connected exterior roofs and other parts of the overall structure. Insurance obtained by the Association shall be in the name of the Association as trustee for the benefit of each Owner as to such Owner's Unit and shall also name as a loss payee as its interest may appear the institutional first mortgagee of a Unit if so requested in writing by the Owner. Unless otheJWise required by the first mortgagee having a lien on the damaged Unit, the Association shall have the right to be the payee or a co-payee of the proceeds as trustee and shall have the right to reasonably approve any all plans and 17 01il0i2008 15:58 FAX 3124480338 LORD BISSELL & BROOK LLP ~ 02:3/0:::5 contracts for the reconstruction or repair of the damaged or destroyed Dwellings, and to require that insurance proceeds, except proceeds paid to an institutional first mortgagee as the loss payee, be escrowed with a financial institution for payments to contractors awarded contracts for repair of damaged premises or replacement thereof, in the manner customarily applied to construction loan escrows. In the event the insurance proceeds are inadequate to completely repair or complete recons1nlction of the Dwellings in a good and workmanlike manner according to plans and specification approved by the Board, each Owner shall be responsible for such Owner's respective share of the deficiency. If such Owner fails to deposit the required fimds into the construction escrow, the Board may assess a charge against such Unit in an amount sufficient to cover said deficiency as detennined in the discretion of the Board. If the insurance proceeds exceed the cost of rebuilding, such excess shall be paid over to the respective Owners in their respective shares or to such Owners' institutional first mortgagee in the amoWlts as shall be agreed upon by the Owners, the mortgagees and Board. All damage shall be repaired promptly. Owners shall be responsible for obtaining their own insurance for the contents of their Dwellings and any other assets or improvements on a Unit not covered by the insurance obtained by the Association In the event the Board adopts rules and regulations regarding the insurance of Dwellings designed to ensure the Association and each of Owners of Dwellings sharing a Party Wall, and their institutional :first mortgagees, that damaged or destroyed Dwellings or parts thereof, 01' other improvements on a Unit or Units shall be adequately insured and the proceeds of insurance shall be available to repair or replace the Dwelling(s) despite the wrongful conduct of the Owner(s) of one of the adjoining Units, then the Association's obligation to obtain the insurance as set forth in the paragraph above may be abrogated and avoided. 6.4 Liability Insurance. The Board may procure liability insurance covering such persons and entities with respect to the Development in such amounts and under such tenns as it reasonably deems necessary and appropriate The cost of such jnsurance shall be a Common Expense. ARTICLE 7 RIGHT OF FIRST MORTGAGEES 7.1. Rigb,.t to Notice. Upon written request, any institutional first mortgagee of a Unit shall be entitled to and shall receive from the Association notices of any of the following as shall be requested.. a. Any condemnation loss or casualty loss which affects a material portion of the units or which affects the unit on which its mortgage is held. b. .Any lapse, cancellation, or modification of any insurance policy or fidelity bond maintained by the Association. c. damage. Any restoration or repair of the Property after partial condemnation or 18 01/10/2006 15:58 FAX 3124430336 LORD BISSELL & BROOK LLP IdI 024/0:::5 d. Any termination of the legal status of the Association. ARTICLE 8 ARCHITECTURAL CONTROL 8.1. Architectural Control. No reconstructio~ voluntary demolition, structural or permanent alteration of the exterior of the Dwelling, or alteration of or improvement to the yard areas of a Unit, or structural change of a Party Wall, of any type, shall be allowed until and unless: (1) the plans and specifications for the same have been presented to the Board by the Owner(s) of the respective Unit(s) and drawn showing the nature, kind, shape, size, architectural design. materials, 10catioIlt proposed landscaping thereof and approximate cost; and (2) such plans and specifications shall have been submitted to and approved in writing by the Board. In the event that such plans and specifications have not been approved or disapproved by the Board in writing within forty-five (45) days after submi5sion of such plans and specifications, such plans shall be deemed to have been disapproved unless the Owner submitting same agrees in a writing delivered to the Board to an extension of the time for review and approval or disapproval. The Board may approve, disapprove. or conditionally approve. The Board shall act reasonably except with respect to matters where this Declaration expressly provides that the Board or Association may act in its sole and absolute discretion. Any Owner requesting approval who is not satisfied with the action of the Board shall submit the matter to arbitration, which shall be conducted in the manner provided for in Section 6.2 of this Declaration, with the exception that one arbitrator shall be appointed by the Board. 8.2. General Review and Approval. Except for improvements shown on the PUD Plat~ no building) or other structure shall be commenced, erected or maintained upon the Property, nor shall any exterior addition or change or alteration to a Dwelling or other stmctures be made, except such as are erected and approved by the Board, until written plans and specifications showing the nature kind, shape, heigh~ materials, color scheme and location of the same and the approximate cost thereof shall have been submitted to and approved in writing by the Board. 8.3. Architectural Approval. The Board shall exercise its architectural approval power as set forth in this Article in a m31Uler which will assure that all improvements to the Property will be of a design and appearance which is harmonious with one another. 8.4. Re,pair and Reconstruction. Subject to the provisions of Article 6 regarding application of insurance proceeds, in the event of damage to or destruction of any Dwelling or other improvement on any Unit, the Owners will, within a reasonable time after such destruction, repair or rebuild the same in a substantial and workmanlike manner with materials comparable to those used in the original structure, and shall conform in all respects to the laws or ordinances regulating the construction of such structures in force at the time of such repair or reconstnlction. The exterior of such structure, when rebuilt, shall be substantially the same as, and of architectural design conforming with, the exterior of such structure immediately prior to such damage or destruction unless approval is obtained pursuant to Section 8.1. If an Owner fails to make the necessary repairs or reconstmction within thirty (30) days after written notice from the Board, the Board may cause the same to be done and the cost of thereof shall be charged to such Owner as a personal obligation and 19 01/10/2006 15:59 FAX 3124430336 LORD BISSELL & BROOK LLP ~ 025/0:35 shall be a lien on such Owner's Unit subject to recordation and collection in accordance with all statutes and case law as now or hereafter amended and the applicable provisions of this Declaration. Pursuant to this Section 8.4, each Owner hereby grants a temporary easement to the Association for the limited purpose of repair and reconstruction in accordance with the tenns of this Declaration. ARTICLE 9 LEASE OF UNITS Any lease agreement between an Owner and lessee shall be in writing and shall provide that the tenns of such lease are subject in all respects to the provisions of this Declaration, and Articles of Incorporationt By-Laws and rules and regulations of the Association, and that failure by the lessee to comply with the tenns of such documents, rules and regulations shall be a default under the lease. To verify this, a rider, must be signed and attached to every lease and returned to the Board. Notwithstanding, no lease is to be for a term of less than six: (6) months. Other than the foregoing, there is no restriction on the right of an Owner, including Declarant, to lease any Unit it owns. ARTICLE 10 GENERAL PROVISIONS 10.1. Enforcement. In addition to an other rights herein granted to the Associationt the Association may enforce the provisions of this Declaration and the Articles of Incorporation, By-Laws and roles and regulations of the Association by any proceeding at law or in equity against any person or persons violating or attempting to violate any such provisions. All rights and remedies may be exercised at any time and from time to time, cumulatively or otherwise, and the failure of the Association to enforce any such provisions shall in no way be deemed a waiver of the right to do so thereafter. All expenses incurred by the Association in connection with any such proceedings, including court costs and attorney fees, together with interest thereon at the highest rate of interest permissible by law, shall be charged to and assessed against any Owner violating any such provisions and shall be added to and deemed a part of such Owner's Assessment and constitute a lien on his Unit and be enforceable as provided in this Declaration. If any Owner, lawful resident or guest, violates any provisions of this Declaration, the Articles of Incorporation, the By-Laws~ or the rules and regulations of the Association, the Board may, after affording the Ovmer an opportunity to be heard, levy a reasonable fine (not to exceed $250.00 in any given ill$tauce) per day) against such Owner, and such fine shall be a charge against the Unit and constitute a lien on such Owner's Unit and be enforceable as provided in this Declaration. In addition, the Association shall have the right of specific perfonnance for enforcement of this Declaration. 20 ~ ~1)I~~:::-cL!>I~=~fSlc'?c~~ ~~cccc'cS~",-5,a.c~~c~~ u ~ ". ~_,_______~___.___~_____"___'D_~_.c'~~~l___~_~_~"J:).",-_-,:c:"_-t:\~_o.,~,.t;__..,_"",?-,'I, ,,.,, .....__~_.~_oC'JI_"::'=J'_(3_.c:,__, , 01/10/2006 16:00 FAX 3124430336 LORD BISSELL & BROOK LLP ~ 026/0~:5 10.2. Unavoidable Delays. No Owner shall be deemed to be in default in the perfonnance of any obligation under this Declaration if and so long as non-performance of . such obligation shall be directly caused by fire or other casualty, national emergency, governmental or municipal laws O'r restrictions) enemy action, civil commotion, strikes, lockO'uts,..inability to O'btain labor O'r materials, war O'r national defense preemptiO'ns, acts of God or similar causes beyond the reasonable control of such Owner (the "Unavoidable Delay") 10.3. Owner CoooeratiO'n. In fulfilling O'bligatiO'ns and exercising rights under this Declaration, each Owner shall use its best efforts to' keep interference with the property and operations of the ether Owners to a minimum and, to' that end, will give to' each other Owner reasonable advance notice of work which may interfere with the property or operatiens of such O'ther Owner and will arrange with such other Owners for reasonable and definite times and conditiO'ns at and under which such work shall be done. 10.4. Headine:s. Headings of Articles are for cO'nvenience of reference only, and shall not be censtrued as a part oftbis Declaration. 10.5. Severability. Invalidation of any provisions of this Declaration by judgment er court order shall not affect any other provision hereof: all of which shall remain in full force and effect. 10.6. Title in Land Trust. In the event title to a Unit is cenveyed to' a title.holding trust under the terms of which all powers of management, operation and control of the Unit remain vested in the trust beneficiary or beneficiaries, then the beneficiary or beneficiaries thereunder from time to time shall be responsible for payment of all obligations, liens or indebtedness and for the performance of all agreements, covenants and undertakings chargeable or created under this Declaration against such Unit or improvements thereon. NO' claim shall be made agamst any such title holding trustee personally for payment of any lien or obligation hereunder created and the trustee shall not be obligated to sequester fund or trust property to apply in whole or in part against such lien or obligation, unless and until the beneficiary of said trust is mere than thirty (30) days in arrears. The amount of such lien or obligation shall continue to be a charge er lien upon the Unit, the improvements thereon, if any, and the beneficiaries of such trust, notwithstanding any transfer of the beneficial interest of any such trust or any transfers of title of such Unit. 10.7. Amendments. Subject to the Cenditional Use Ordinance, the applicable prO'visions O'f this Declaration and the rights of the Village, this Declaration may be amended only by an instrument in writing setting forth such amendment signed and acknowledged by fifty one per-eent (51%)two-thirds of the Members, or that is approved at a duly called and held general or special meeting of Members, by the affirmative vote, either in person or by proxy, of A mfl1jeritytwo-thtrds of the total votes of the members, and containing a certHication by an officer of the Association that said instrument was duly approved as afO'resaid. NO' amendment shall be effective until duly recorded in the Office of the Recorder of Deeds of Cook County, Illinois. NO'twithstanding the foregoing no amendment may be made to the rights of institutional first mortgagees without the mortgagee's written consent, and no amendment may be made which would diminish the duties and obligations to or the rights of 21 01/10/2008 18:01 FAX 3124430338 LORO BISSELL & BROOK LLP I:tJ 027/0:::5 the Village contained in the Conditional Use Ordinance adopted by the Village, or which would allow or provide for the dissolution of the Association, without the written consent of the Village. Further. no Dllmorted.amendment shall be of anv force or effect or shall be enforceable en a{!'ainst a Member or a Unit without the oonsentine: vote of the..Mem.ber jf such amendment would have a material adverse effect unon the narking or o,ther easement rights in favo{ of the Unit of such Member as nrovided for in this Declaration. (ii) without unanimous anuroval of the Memb~rs-.YotinQ: if such amendment effects a cban~ tqJhe eoual votin!! riP.:hts iUIorde.d to all Members as nrovided fot in Section 2.29 of this Declaration. or (iii) without unanimous annroval of the Memb~m votinlZ if such amendment would modify the pmvisions of Sections 4.7 of this Declaration nrovidinll for uniform annual andspeciaj ~sessments, 10.8. Special Amendment. Declarant reserves the right and power to record a special amendment ("Special Amendment'') to this Declaration at any time prior to the Turnover Date and from time to time prior to Turnover Date which amends this Declaration (i) to comply with the requirements of the Federal National Mortgage Association. the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Department of Housing and Urban Development, the Federal Housing Association. the Veteran's Administration, or any other governmental agency or any public, quasi-public or private entity that performs (or may in the future perform) functions similar 10 those currently performed by such entities, (ii) to indu.ce any of such agencies or entities to make, p1ITchase~ sell~ insure, or guarantee first mortgages encumbering any Unit, (iii) to correct clerical or typographical errors in this Declaration or any exhibit hereto or any supplemental or amendment thereto or (iv) to modifY provisions that make the Units unmarketable. In addition, a Special Amendment shall also be deemed to include, until the Turnover Da.te, such amendment to this Declaration as Declarant elects to record at any time and :from time to time for any other purpose, so long as such amendment will not materially impair the rights of the Owners hereunder or materially increase the expense to be bome by them hereunder. In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to the Declarant prior to the Turnover Date to vote in favor of, make, or consent to a Special Amendment on behalf of each Owner as proxy or attorney in fact, as the case may be, Each deed, mortga.ge, trust deed, other evidence of obligation, or other instrument affecting a Unit and the acceptance thereof shall be deemed to be a grant and acknowledgment of, and a consent to the reservations ot the power to the Declarant to vote in favor of, ma.lcing, execute and record Special Amendments. Notwithstanding any of the foregoing, the Declarant may not record a Special Amendment which in any manner diminishes the duties and obligations of the Declarant, Owners, the Village or the Association in accordance with the provisions contained in this Declaration or the Conditional Use Ordinance during the term of each. 10.9. Limitations. All headings set forth herein are intended for convenience only and shall nor be given or construed to have any substantive effect on the provisions of this Declaration. The singular shall include the plural wherever the Declaration so requires, and the masculine and feminine and neuter and vice versa. 10.10. Assignment. Notwithstanding anything herein to the contraI)', the Declarant reserves the right to transfer, assign, mortgage or pledge any and all of either respective privileges, rights, title and interests hereunder or in the Property, by means or recording an assignment of such with the Office of the Recorder of Deeds of Cook County, illinois. 22 01/10/2006 18:01 FAX 3124430336 LORD BISSELL 8 BROOK LLP I4J 028/085 10,11. Mai1im~ Address. Each Owner of a Unit shall file the correct mailing address of such Owner with the Association and shall notify .the Association promptly in writing of any subsequent change of address. If any Owner shall fail to so notity the Association, the mailing address for such Owner shall be the street address of the Unit owned by such Owner. The Association shall maintain a file of such addresses. Except as other provisions of this Declaration expressly provide to the contrary. a written or printed notice~ deposited in the United States Mail, postage prepaid, and addressed to any Owner at the last address filed by such Owner with Declarant shall be sufficient and proper notice to such Owner shall be deemed delivered on the third (3m) day after deposit in the United States maiL In the event that no Dwelling is then in existence upon a Unit then the taxpayer's address for the Unit shall suffice as the address for mailing purposes. 10.12. Binding Effect. This Declaration shall be of pexpetual duration unless canceled in a written document signed by all Owners and by a representative ofthe Village pursuant to authorization by the Village Board. The covenants and restrictions of this Declaration shall run with and bind the Property and shall inure to the benefit of and enforceable by the Association or the Owner of any Unit subject to this Declaration, their respective legal representatives, heirs, successors and assigns. 10.13. Resale of Unit. In the event of any resale of a Unit by an Owner other than the Declarant, such Owner shall obtain from the Board and shall make available for inspection to the prospective purchaser upon demand the following: a. A copy of the Declaration) By-Laws and any rules and regulations. b. A statement of any liens, assessments due or other charges due and owing. c. A statement of any capital expenditures anticipated by the Association within the current or succeeding two fiscal years. d. A statement of the status and amount of any reserve or replacement fund or any portion of such :fund earmarked for any specified project by the Board. e. A copy of the statement of financial condition of the Association for the last fiscal year for which such statement is available. f. A statement of the status of any pending suits or judgments in which the Association is a party. g. A statement setting forth the insurance coverage that is provided fOT all Owners by the Association. .. The President of the Association or such other officer as is specifically designated shall furnish the above information when requested to do so in writing and within thirty (30) days of the request. A reasonable fee covering the direct out-of-pocket cost of providing such information and copying may be charged by the Association or the Board to the seller for providing such information. 23 ---'--~--="'==c""i7lI<'=!>';"""Z''''''d'''';~'''''''-~_~___'_ - .__ __..._n____-="'=.=== 01/10/2006 16:02 FAX 3124430336 LORD BIggELL & BROOK LLP IdJ 02:3/0:35 10.14. Records of the Association - Availability for Examination. The Board shall maintain the following records of the Association available for examination and copying at convenient hours on weekdays by each Owner or their first mortgagees and their dilly authorized agents or attorneys: a. Copies of the recorded Declaration and By-Laws and any amendments. Articles of Incorporation of the Association, annual reports and any rules and regulations adopted by the Association or its Board. b. Detailed accurate records in chronological order of the receipts and expenditures affecting the areas maintained by the Association specifying and itemizing the maintenance and repair expenses and any other expenses incurred, and copies of all contracts, leases, or other agreements entered into by the Association. c. The minutes of all meetings of the Association and the Board, which shall be maintained for a period of not less than seven (7) years. d. Such other records of the Association as are available for inspection by members of a not-for-profit corporation pursuant to Section 25 of the General Not- For-Profit Corporation Act, approved July 19, 1943, as amended, shall be maintained. A reasonable fee may be charged by the Association or its Board for the cost of copymg. ARTICLE 11 COMMON INTEREST COMMUNITY The Association shall act and operate as a Common futerest Community as defined in lllinois Compiled Statutes, as from time to time amended. The Declaration and By-Laws shall be deemed to be amended as necessary to comply with any statute relating to Common Interest Communities. and the Declarant or Board may record such documents as are necessary to effect this compliance, IN WITNESS \VHEREOF, the Declarant has caused its name to be affixed to these presents as of the date and year first above mentioned. SK PARTNERS ill LIMITED PARTNERSHlP, an lllinois Limited Partnership BY: SALVATORE J. DIMUCCI MARITAL TRUST No.7, its general partner and 24 01/10/2006 16:02 FAX 3124430336 LORD BISSELL & BROOK LLP ~ 030/0~:5 SALVATORE J. DlMUCCI MARITAL TRUST No.7, an illinois Grantor Trust, Each By: Yvonne A. DiMucci, Trustee 25 01i10i2008 18:03 FAX 3124430338 LORD BISSELL & BROOK LLP ~ 031/035 STATE OF ILLINOIS ) COUNTY OF ) Yvonne A. DiMucci this day personally appeared before me, a Notary Public in and for said State and County, personally known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged that she signed and delivered the said instrument in as her free and voluntary act, and as the free and voluntary act and deed for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal, this _ day of ,2006. Notary Public My Commission Expires: 26 01/10/2008 16:03 FAX 3124430336 LORD BISSELL & BROOK LLP ~ 0:32/035 EXHIBIT A LEG~ DESCRIPTION LOTS 1 THROUGH 14lN DIMUCCI'S RESUBDIVISION OF LOTS 2 TO 23, INCLUSIVE IN BLOCK 4lN PROSPECT PARK SUBDMSION NO 1. BEING A SUBDMSION OF THE WEST HALF OF THE NORTH 60 RODS OF mE SOUTHWEST QUARTER OF SECTION 12. TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Address: 401 through 455 Elmhurst Road, Mount Prospect, lllinois Tax J.D. No's. 08-12-300-031-0000 through 08-12-300-044-0000 (14 parcels) . 27 ,.., -~ <~""':::"=""=".);::':::;-.~~"';:;$,-~"y.""""~'"'"~----="."""~<:,,,O.=,",,''~i'''''=""""".=-~______ 01/10/2008 18:03 FAX 3124430338 [Attached and following] LORD BISSELL & BROOK LLP ~ 033/1:):35 EXHIBIT B-PUD PLAT 28 01/10/2006 16:04 FAX 312443033B LORD BISSELL & BROOK LLP ~ ()~:4/0~:5 EXHIBIT C-PARKING AND GARBAGE ENCLOSURE PLAN With reference to the attached and following plan, the Unit Parking Areas and Unit Parking Area Easement Rights, Visitor Parking Spaces, and Garbage Enclosure Easement Rights are as designated below: Parcel No. Unit Park.De Area Space Numbers Garbaee Enclosure Location I 2 and 3 2 4 and 5 3 6 and 7 4 9 and 10 5 12 and 13 6 15 and 16 7 17 and 18 8 20 and 21 9 22 and 23 10 24 and 25 11 26 and 27 12 28 and 29 13 30 and 31 14 32 and 33 15 34 and 35 16 36 and 37 17 38 and 39 18 40 and 41 19 42 and 43 20 44 and 4S 21 46 and 47 22 48 and 49 23 50 and 51 24 52 and 53 25 54 and 55 26 56 and 57 27 58 and 59 28 60 and 61 Parcel 2 Parcel 2 Parcel 3 Parcel 4 Parcel 6 Parcel 6 Parcel 8 Parcel 8 ParcellO Parcel 10 Parce112 Parcel 12 Parcel 14 Parcel 14 Parcel 16 Parcel 16 Parcel 18 Parcel 18 Parcel 20 Parcel 20 Parcel 22 Parcel 22 Parcel 24 Parcel 24 Parcel 26 Parcel 26 Parcel 27 Parcel 27 Visitor Parking Spaces: 1,8, 11,14 and 19. 29 ,-~._._---,---_.,~-~-~-"-"-,"'""c^,",,,_':m;,..,,,.l$";;"""":;<;1""""~~_'__'_ - ----"-''''=''''''''?;'''''".,''''q;~,..,.'''','''''~~_._-~-_.__.__._-----.".._----~"'''-~~,~.~..~-_._------ 01/10/2008 18:04 FAX 312443033B LORD BISSELL & BROOK LLP Document comparison done by DeltaView on Thursday, January 05. 2006 2:16:56 PM Document 1 Document 2 Renderin set iMana eDeskSite:/lchidm0001/CHI1/1127176f6 iMana eDeskSite:/Ichidm0001/CHI1/1127176n Standard lI' "'e,' .":~\:f~ijjt'fi~j~"',~~~m~f[J"I':'ii""; "'IW:vl~iil'1i'lll""!i:l\;' "Y ." 'r7<;r;:;:Or,:'~ i.": IAe 'Q"; :.pt;.',"" 'll' Ii Irti1(j'.ili. .\".' I" :'<1:"1..,, l'I't .,'1"",11,"""': ,;,:;":' .,'5''': ,I~.~ ~l ~""-;l i. jh~l"""'!<; ~l> ~;:; "l~ ,~" ~ I, t~( lL. ;l~l"'" ')'''' ,.., ) 1- < """lY~ \ i' "t.. I itl ,)~ I q,,{'<~~(i!~ PM","?"}' ~~ '" l ,-/,1 l ,<' ,Minmlill.illil"",." "LU,~1. ."j.4u, "\1;11",,_..,, ...<..,L. Jilw."" ."., n.h. "~iL..,,,,- . . ~ .l~/..li", .~;:;.:JJ'j l:r 9'7'11~ ~ "," 'A i~ ~v~ ,ll[':.j' ~ l{ ..,'~ > 'I, J~' . r }-".........F.; ~ ~.; .,.t'o, 1,' I. ~ I 'n I.t - 1,1......... . ~7., ~:<.," 1"~I".;H'C:~':r?,;).::~\:,;,~;,\"'~,,.~,<t'ii."";'" ',"'J ~~I "'i"~I"'I~'I", . .:>;'~ ~"'iA' ,\ "~- ,.,1,,< 'I',!h ililii);Jllidf' i ,,'" p. ,,., . ,.\' 'T" iI',<''''j'l , "", "U1t I J ,r l''') !'\~l' ~ ~ \'<, '" .;~ ~~! ; ;,1~il~'} l.r\ll - dii\;l,:'H~.').,,"!':'~,.. :~~t':{lU::to1lli WJ\.1!lJ~t::~\hllj,~l :-~;J>~1,};+! ~~}, "i<~:i.I..:..mb~t1w......:j\tJ ill Count Insertions 4 Deletions 3 Moved from 0 Moved to 0 StYle change 0 Format cham~:led 0 Total chanaes 7 ~ 035l0~:5