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HomeMy WebLinkAboutRes 19-72 08/15/1972 RESOLUTION NO. 19-72 A RESOLUTION DIRECTING THE EXECUTION OF AN ANNEXATION AGREE- MENT REGULATING THE ANNEXATION OF PROPERTY LOCATED ON MAP 38-5 OF THE ZONING ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT WHEREAS, THE CORPORATE AUTHORITIES OF THE VILLAGE OF MOUNT PROS~ECT at,the hour of 8:00 p.m. on August 1, 1972, did hold a pub11C hearlng upon the proposed annexation agreement for the re- gulation of the annexation of property to the Village of Mount Prospect, which property is located on Map 38-S of the Zoning Ordi- nance of the Village of Mount Prospect; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect believe that such agreement is for and in the best interests of the Village of Mount Prospect. NOW, THEREFORE, BE IT RESOLVED, BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT: SECTION ONE: That the President of the Board of Trustees of the Village of Mount Prospect is hereby authorized to sign and the Vil- lage Clerk of the Village of Mount Prospect is hereby authorized to attest the annexation agreement made a part hereof and attached here- to as Exhibit "6", which annexation agreement, subject to the provisions of Article 7 of the Illinois Municipal Code of 1961, shall regulate the annexation of the following described property: The South 10 acres of the Southeast 1/4 of the Northeast 1/4 of Section 22, Township 41 North, Range 11 East of the Third Princi- pal Meridian (except the West 210.0 feet thereof and also except the East 50.0 feet thereof) also v"'" The South 5 acres of the North 10 acres of the South 20 acres of the Southeast 1/4 of the North- east 1/4 of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian (except the West 210.0 feet thereof and also except the East 50.0 feet thereof) also That part of the North 5 acres of the South 20 acres of the Southeast 1/4 of the Northeast 1/4 of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian, bounded by a line described as follows: Beginning at a point on the East line of said tract at a point 121.89 feet South of the North line of said tract; thence West 772.0 feet on a line parallel with the North line of said tract; thence South 42.32 feet to a point on the South line of said tract; thence East 772.0 feet parallel with the North line of said tract to a point on the East line thereof; thence North to the place of beginning (except the East 50.0 feet thereof), all in Cook County, Illinois. ."',ECTION TWO: That the said annexation agreement shall be binding \)\:)O~ the successor owners of record of the abov.e-desc-ribed land which is the subject of the said agreement and upon successor municipal authorities of this Village of Mount Prospect, Cook County, Illinois. - 2 - SECTION THREE: That this Resolution shall be in full force and effect tram and after its passage and approval in the manner provided by law. AYES: 5 PAS S: - 1 , NAYS: o :. PASSED AND APPROV1U> this '1? " - day of August , 1972.. '---, .' / //.~ ~--:. ' ~/'.. /.... ".. / . . ......,- ~,r.", F . ." ~~. // . ._.,...... ._ ~~~~-;;;X::0-<o-.~_.-~':::'2... :. Village Preaident ;, ATTEST: I ~ ! I._i. /,:4 l . J t.c..!" .' ;'''''''/..('-'-,.' .t:'/{/'}:'yc<".-_./ .....c ..~ _ / /, . 0\j\t'j/ J< Village Clerk . . .1 .1 I RESTRICTIVE COVENANTS BERTRAM A. LEWIS, HARVEY B. LEWIS and J. LAURENCE KLEINFELD, or their assignees, in accordance with the provisions of Sec. 5.1 of the Zoning Ordinance of the Village of Mount Prospect providing for the creation of Planned Unit Developments and the regulation of the same, does hereby covenant with the Village of Mount Prospect, a municipal corporation of the County of Cook and State of Illinois, as follows: 1. BERTRAM A. LEWIS, HARVEY B. LEWIS and J. LAURENCE KLEINFELD, or their assignees, will maintain control of the Planned Unit Develop- ment proposed on the property described as follows: The South 10 acres of the Southeast 1/4 of the North- east 1/4 of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian (except the West 210.0 feet thereof and also except the East 50.0 feet thereof) also The South 5 acres of the North 10 acres of the South 20 acres of the Southeast 1/4 of the Northeast 1/4 of Sec- tion 22, Township 41 North, Range 11 East of the Third Principal Meridian (except the West 210.0 feet thereof and also except the East 50.0 feet thereof) also That part of the North 5 acres of the South 20 acres of the Southeast 1/4 of the Northeast 1/4 of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian, bounded by a line described as follows: Be- ginning at a point on the East line of said tract at a point 121.89 feet South of the North line of said tract; thence West 772.0 feet on a line parallel with the North line of said tract; thence South 42,32 feet to a point on the South line of said tract; thence East 772.0 feet paral- lel with the North line of said tract to a point on the East line thereof; thence North to the place of beginning, (ex- cept the East 50.0 feet thereof), all in Cook County, Illinois; to guarantee development substantially in accordance with Planned Unit Development Ordinance No. approved by the President and Board of Trustees of the Village of Mount Prospect on 1972, for a period of eighteen (18) months following completion of said Planned Unit Development. 2. BERTRAM A. LEWIS, HARVEY B. LEWIS and J. LAURENCE KLEINFELD, or their asslgnees, do further covenant that for a period of twenty (20) years from the date of commencement of construction of said Planned Unit Development that they will, by contract(s), provide for adequate - 2 - maintenance of all building exteriors, parking areas, and other paved areas, and of all open space located within said Planned Unit Develop- ment, which open space is defined as all of the land upon completion of construction of the said Planned Unit Development, less residential buildings, commercial buildings, parking areas and other paved areas. 3. That as final occupancy by residents occur as to each stage of development, BERTRi\J.! A. LEWI S 9 HARVEY B. LEWI Sand J. LAURENCE KLEINFELD, or their assignees, will cause a Plat of Open Space Ease- ment to be delivered to the Village of Mount Prospect for recordation, which, by said Plats, it is intended to permanently guarantee open space substantially in accordance with said approved Plan Unit Development and any amendments thereto. Said Plats of Open Space Easement shall constitute a covenant running with the land for fifty (50) years from the date of said recording of those covenants and shall be enforce- able by said Village of Mount Prospect. 4. The covenants herein contained shall run with the land for the periods of time set forth herein. Thereafter said covenants shall be extended automatically for successive periods of ten (10) years un- less by a vote of the majority of the said landowners of the said pro- perty it is agreed otherwise. 5. Nothing in those covenants shall in any way prevent aliena- tion or sale of the subject property or portion thereof except that said sale shall be subject to the provisions hereof and of the Planned Unit Development Ordinance of the Village of Mount Prospect and the new Owner shall be both benefited and bound by the conditions and restric- tions herein and therein expressed. 6. By acceptance of these Restrictive Covenants, the Village of Mount Prospect acknowledges that its Ordinance relating to Restrictive Covenants has been fully complied with. 7. If the parties hereto, or any of them, or their heirs or assigns shall violate or attempt to violate any of the covenants herein, - 3 - it shall be lawful for the other parties hereto including the Village of Mount Prospect to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any such covenant -- and either to prevent him or them from so doing or to recover damages or other dues for such violation. 8. These Covenants shall be binding upon and inure to the bene- fit of the parties hereto, their successors and aSSIgns. Bertram A, Lewis Harvey B. Lewis ~. Laurence Kleinfeld VILLAGE OF MOUNT PROSPECT By PresIdent ATTEST: Village Clerk ANNEXATION AGREEMENT WHEREAS, AMERICAN NATIONAL BANK AND TRUST COMPANY, as Trustee under Trust No. 76-994, hereinafter referred to as 1I0wner", is the Owner of cer- tain real estate legally described as follows: The South 10 acres of the Southeast 1/4 of the Northeast 1/4 of SectJon 22, 'Township 41 North, Range 11 East of the Third Principal Meridian (except the West 210.0 feet thereof and also ex- cept the East 50.0 feet thereof) also The South 5 acres of the North 10 acres of the South 20 acres of the Southeast l/Ll of the North- east 1/4 of Section 22, Township In North, Range 11 East of the Third Principal Meridian (except the West 210.0 feet thereof and also except the East 50.0 feet thereof) also That part of the North 5 acres of the South 20 acres of the Southeast l/LI of the Northeast 1/4 of Section 22, Township 41 North, F~e 11 Fast of the Third Principal Meridian, bounded by a line described as follows: Be- ginning at a point on the East line of said tract at a point 121.89 feet South of the North line of said tract; thence West 772.0 feet on a line parallel ~~th the North line of said tract; thence South Lj2.]2 feet to a point on the South line of said tract; thence East 772.0 feet parallel with the North line of said tract to a point on the East line thereof; thence North to the place of beginning, (ex- cept the East 50.0 feet thereof), all in Cook County, Illinois; hereinafter referred to as "the Subject Property"; and WHEREAS, the Village of Mount Prospect, a municipal corporation, organized under the laws of the State of Illinois, hereinafter referred to as "Village" has the power to enter into an Annexation Agreement as set forth herein; and WHEREAS, the Owner has heretofore filed a petition to annex the subject property to the Village contingent on the provisions contained in this Agreement; and WHEREAS, both parties believe it to be in the best interests of both the Village and the Owner that the property be annexed; and WHEREAS, it is beneficial to both the Owner and the Village that the project be constructed in accordance with the plan contained herein; NOW, THEREFORE, it is agreed by and between the Village and the Owner as follows: 1. That the Village shall annex the subject property. 2. That the Village shall pass such ordinances as will enable the construction of the development as contemplated herein. A certified copy of the text of the planned unit development ordinance approving the within referred to planned unit development shall be recorded by the Village and EXHIBIT "!:." - 2 - the Owner in the Office of the Recorder of Deeds of Cook County, Illinois. a. The recording of the aforementioned text will not include the recording of any exhibits, but will include the recording of all neces- sary covenants guaranteeing open space -- even though said covenants may appear on an exhibit contained herein and attached hereto. b. Said recording shall be accomplished within ten (10) days of the passage of said ordinance. c. Recording of the Site Plan, various plats of open space ease- ment (per stage), and other exhibits made a part of this Agreement shall be recorded by the Village and the Owner as the subject matter shown and re- flected upon the said exhibits is completed. Said exhibits shall be re- corded as modified if necessary as a result of the conditions set forth under paragraph 3. herein, or as a result of the conditions for field changes as set forth under Section 5.1 of the Mount Prospect Zoning Ordi- nance, or as a result of modification of the planned unit development ordinance passed and approved for the development of the subject property by subsequent agreement between the Owner or its assignees and the Village. 3. That the Owner shall cause the subject property to be improved in general conformance with the land uses and standards shown on Exhibit I (Site Plan) attached hereto and hereby made a part hereof, except as may be otherwise provided herein and as may necessarily be modified to solve engineering layout and design problems at the time of the execution of this Agreement. 4. That the Owner may cause the development to proceed in stages as set forth in Exhibit II (Stage Plan) attached hereto and hereby made a part hereof. a. The stages of development may proceed in any sequence as determined by the Owner with the understanding that water mains and access roads within any given stage shall have been constructed and installed by the Owner, and approved by the Village; and that the engineering for se\.,reJ mains and other public improvements have received final approval and sub- division bonds posted for same before the Village shall issue any building permits for buildings located within that given stage. b. For each stage, prior to the issuance of building permits, the Owner may vary the apartment mix of the proposed residential buildings as between one-bedroom, and two-bedroom units -- in conformity with the re quirements of subsection (c) of Section 5.1 of the Mount Prospect Zoning Ordinance and with the further understanding that in no instance will the total number of units proposed herein be increased beyond the 216 dwelling units proposed. c. "Access roads", shall mean those private roads meeting the approval of the Mount Prospect Fire Department, which roads the Owner will install and maintain during the construction of the project contem- plated herein. - 3 - S. That in the manner required by law the Village will classify the subject property into such zoning districts as will accommodate the proposed uses upon the subject property as shown on Exhibit III (Zoning Plan) attached hereto and hereby made a part hereof. 6. That the Owner will execute such public and common open space easements and covenants in such form as the Village Attorney may require, which designate, with particularity, the land shown as open space on Exhibit I (Site Plan). 7. That any amendments or changes to building, housing, subdivision, or-zoning ordinances during the terms of this Agreement shall not apply to the subject property without the Owner's consent, and further no interpretation to any such ordinances will be made so as to prevent commencement of construction of the buildings or the development of the Plan by the Owner or its assignees, provided that all plans meet the re- quirements of all applicable ordinances except as may be modified by this Agreement. 8. That amendments to the present Building and Zoning Code in force as of this date, as well as to the laws relating to and regulating the construction of this' planned unit development, shall not apply to the sub- ject property without the consent of the Owner, and that in any event, should stop orders have to be issued, such amendments shall not be so interpreted that the subject property may not be constructed in general accordance with the Plan, provided, however, that if there are changes of said laws and the same are less restrictive in their application to other similarly situated property, then the Owner shall be entitled to the bene- fit of the change if it elects. 9. That the Village will not charge the Owner for building permit or other fees necessary for the construction of the planned unit develop- ment or portion thereof in an amount greater than those fees presently charged under existing ordinances on the date hereof. With respect to all other license or business license fees, however, the Village will not charge the Owner or occupants of premises located within the planned unit development fees in an amount greater than those fees charged other licensees in the Village at that date. IO. That the Village will issue no stop orders directing work stop- page on building or parts of the project without detailing corrective action necessary to be taken by the Owner and setting forth the section of the Village Code violated by the Owner and the Owner may forthwith proceed to correct such violations as may exist or take an appeal as set forth in the Village Code. II. That the Village will issue certificates of occupancy within thirty (30) days of application or issue a letter of denial informing the Owner as to what corrections are necessary as a condition to the issuance of a certificate of occupancy and quoting the section of the - 4 - Code relied upon by the Village in its request for correction. Provided, however, that completion of an entire building shall not preclude the issuance of occupancy certificates for any finished floor, floors, or portions thereof, not otherwise in conflict with Section 21.218 of the Municipal Code of the Village of Mount Prospect of 1957, as amended. 12. That the Village will not require, of the Owner, a storm water retention pond or lake having a surface area greater than acres and a retention capacity greater than acre feet as shown by Exhibit IV (On-Site Utility Plan) attached, nor will it change or amend its public improvement ordinances as it affects the regulation and installation of public improvements on the subject property during th€ term of this Agreement. 13. That a water tap-on fee, charged per lot, shall be determined on the basis of four (4) lots per acre within the planned unit develop- ment, i.e., $100 per acre; and that a water deposit shall be payable to the Village in advance of any such tap-ons in an amount computed by multi- plying the number of acres involved with such tap-ons by the sum of One Hundred Forty Dollars ($140.00). 14. That the Owner will install and the Village will receive the · n8rship of certain on-site sewer and water mains, together with the necessary easements for access thereto and maintenance thereof, as re- quired to serve the project and as set in Exhibit IV (On-Site Utility flan), attached hereto and hereby made a part hereof. The Village, how- ever, shall have the right to require the oversizing of mains and facili- ties, if excess capacity is desired by it; provided, however, that the Village shall pay any additional cost for materials made necessary as a result of said oversizing. 15. That the Owner shall install and the Village shall receive the o\mership of certain off-site water mains a.s required to serve the project upon the subject property and as set forth in Exhibit V (Off-Site Utility Plan), attached hereto and hereby made a part hereof. The Village will be responsible for the engineering plans and specifications for said mains. In the event the Village desires oversizing of the mains shown upon Ex- hibit V (Off-Site Utility Plan), the Village shall pay any additional costs for materials made necessary as a result of said oversizing. 16. That the Owner will install, and the Village will permit to be in- stalled, 28 foot wide back-to-back private roads per the Village subdivi- sion ordinances and specifications except as to width as set forth in Ex- hibit I (Site Plan); the same to be maintained by the Owner or its suc- cessors in interest without expense to the Village. 17. That the Owner will provide a minimum of 1.65 parking spaces for each multi-family dwelling unit. All such parking spaces shall be of a minimum 8 1/2' X '9' and will average 10' X 20' or greater. 18. That the Owner may mound dirt, and the Village will permit same, along Busse Road a.nd the Owner may fence portions of the Property with a fence not exceeding six (6) feet in height, being of a design appropriate to the development as determined by the Owner. - 5 - a. Said mounding along Busse Road shall not exceed ten (10) feet in height from existing grade and shall not obstruct the view of traf- fic exiting to Busse Road as shown on Exhibit VI (Screening and Fence Plan), attached hereto and hereby made a part hereof. b. Mounding the other locations within the planned unit develop- ment shall not be so restricted in height. 19. That, in order to safeguard the residents of multi-family dwellings, the Owner will install double or bolt locks on all apartment unit entrance doors in subject building for protection against burglary. 20. That all provisions, conditions~ and regulations set forth in this Agreement and the Exhibits to which it refers shall supers ide all Village ordinances, codes, and regulations that are in conflict therewith as they may apply to the subject property. Where this Agreement is silent~ the Village ordinances shall apply and control. 21. That this Agreement shall be effective for a term of five (5) years from date hereof and that thereafter all properties in the planned unit development shall become subject to Village ordinances. a. It shall bind heirs and successors and assigns, the Village~ its corporate officials, successors In office, and be enforceable by order of court pursuant to' the provisions of the statutes made and provided. b. Nothing herein shall in any way prevent alienation or sale of the subject property or portion thereof except that said sale shall be subject to the provisions hereof and of the planned unit development ordi- nance of the Village of Mount Prospect and the new Owner shall be both benefited and bound by the conditions and restrictions herein and therein expressed. 22. That, in the event any provisions of this Agreement shall be deemed invalid, then the invalidity of said provision shall not affect the vali- dity of any other provision hereof. IN WITNESS WHEREOF, the parties hereto seals, this day of public hearing, notice, and statutory have entered their hands and , 1972, the same being done after requirements having been fulfilled. OWNER: AMERICAN NATIONAL. BANK AND TRUST COMPANY, as Trustee Under Trust No. 76-994 ATTEST: By: Secretary VILLAGE OF MOUNT PROSPECT ATTEST: By: Village President Village Clerk ANNEXATION AGREEMENT WHEREAS, Bernardine M. Brenke, as Trustee for Bertram A. Lewis, Harvey B. Lewis, and J. Laurence Kleinfeld, hereinafter referred to as "Owner", is the Owner of certain real estate legally described as follows: The South 10 acres of the Southeast 1/4 of the Northeast 1/4 of Section 22, Township 41 North, Range 11 East of' the Third Princi= pal Meridian (except the West 210.0 feet thereof and also except the East ,OeO feet thereof) also The South , acres of the North 10 acres of the South 20 acres of the Southeast 1/4 of the North- east JJ4 of Section 22, Tov.rnsh:Lp 41 North, Range 11 East of the Third Principal Meridia~ (except the West 210.0 feet thereof and also except the East 5000 feet thereof) also That pa:,:'t of the North , acres of the South 20 acres of the S.F.. ~.Jh of the Northeast 1/4 of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian, bounded by a line described as fo11m15 ~ Beginrdng a t a point on the East line of said tract at a point 121.89 feet South of the North line of said tract; thence West 77200 feet on a line parallel with the North line of said tract; thence South 42.32 feet to a point on the South line of said tract; thence East 772.0 feet parallel with the North line of said tract to a point on the East line thereof; thence North to the place of beginning, (except the East 50.0 feet thereof), all in Cook County, Illinois; hereinafter referred to as "the Subject Property"; and WHEREAS, the Village of Mount Prospect, a municipal corporation, organized under the laws of the State of Illinois, hereinafter referred to as "Villagell has the power to enter into an Annexation Agreement as set forth herein; and WHEREAS, the Owner has heretofore filed a petition to annex the subject property to the Village contingent on the provisions contained in this Agreement; and WHEREAS, both parties believe it to be in the best interests of both the Village and the Owner that the property be annexed; and WHEREAS, it is beneficial to both the Owner and the Village that the project be constructed in accord with the plan contained herein; NOW, THEREFORE, it is agreed by and between the Village and the Owner as follows: I, That the Village shall annex the subject property, 2. That the Village shall pass such ordinances as will enable the construction of the development as contemplated herein. A certified copy of the text of the planned unit development ordinance approving the within referred to planned unit development shall be recorded by the Village and /" - 2 - the Owner in the Office of the Recorder of Deeds of Cook County, Illinois. a. The recording of the aforementioned text will not include the recording of any exhibits, but will include the recording of all neces- sary covenants guaranteeing open space -- even though said covenants may appear on an exhibit contained herein and attached hereto. b. Said recording shall be accomplished within ten (10) days of the passage of said ordinance. c. Recording of the Site Plan, various plats of open space ease- ment (per stage), and other exhibits made a part of this Agreement shall be recorded by the Village and the Owner as the subject matter shown and re- flected upon the said exhibits is completed. Said ibits shall be re- corded as modified if necessary as a result of the conditions set forth under paragraph 3. herein, or as a result of the conditions for field changes as set forth under Section 5.1 of the Mount Prospect Zoning Ordi- nance" or as a result of modification of the pfanned unit development ordinance passed and approved for the development of the subject property by subsequent agreement between the Owner or her assignees and the Village. 3. That the Owner shall cause the subject property to be improved in general conformance with the land uses and standards shown on Exhibit I (Site Plan) attached hereto and hereby made a part hereof~ except as may be otherwise provided herein and as may necessarily be modified to solve engineering layout and design problems at the time of the execution of this agreement, 4. That the Owner may cause the development to proceed in stages as set forth in Exhibit II (Stage Plan) attached hereto and hereby made a part hereof. a, The stages of development may proceed in any sequence as determined by the Owners with the understanding that sewer and water mains~ other public improvments, and access roads within any given stage shall have been constructed and installed by the Owner, and approved by ,..< " the Village before the Village shall issue any building permits for buildings located within that given stage, b, For each stage, pzi,ar to the issuance of building permits, ~ ,,' " : '4- ., ,v,;}' , -" the Owner may vary~{he apartm~rrt ~ixof the proposed residential buildings as between studio, one-bedroom, and two-bedroom units -- in conformity with the requirements of subsection (c) of Section 5.1 of the Mount Pros- pect Zoning Ordinance and with the further understanding that in no In- stance will the total number of units proposed herein be increased beyond the 228 dwelling units proposed. c. l!Access roads", shall mean those private roads meeting the approval of the Mount Prospect Fire Department which roads the Owner will install and maintain during the construction of the project contem- o~ plated herein. 5. That in the manner required by law the Village will classify the subject property into such zoning districts as will accommodate the - 3 - proposed uses upon the subject property as shown on Exhibit III (Zoning Plan) attached hereto and hereby made a part hereof. 6, That the Owner will execute such public and common open space easements and covenants in such form as the Village Attorney may require, which designate, with particularity, the land marked as recreational open space on Exhibit IV (Recreational Plan), attached hereto and hereby made a part hereof, with the object and purpose that said land so desig- nated be operated not-faT-profit and be used for the following purposes and none at r: landscape gardens-arboretums, parks and playgrounds -- public or pr vater golf courses. tennis courts, swimming pools. skating rinks and ~~~ ~~. ath.letic courts or fields, driveways, parking areas for bIic utility facilities and easements, lakes, recreational facilities, storm water retention basins and accessory uses incidental to the above, luding recreational structures. 7. That amendments or changes to building, housing, subdivision, or zon ordinances dur g the terms of this agreement shall not apply to the subject pr erty without the Ownerls consent, and further no interpretation to any such ordinances will be made so as to prevent commenc~entof construction of the buildings or the development of the Plan by the Owner or her assignees, provided that all plans meet the re- quirements of all applicable ordinances except as may be modified by this Agreement. 8. That amendments to the present Building and Zoning Code in force as of this date as well as to the laws relating to and regulating the construction of this planned unit development shall not apply to the sub- ject property without the consent of the Owner, and that in any event, should stop orders have to be issued, such amendments shall not be so interpreted that the subject property may not be constructed in general accordance with the Plan, provided, however, that if there are changes of said laws and the same are less restrictive in their application to other similarly situated property, then the Owner shall be entitled to the bene- fit of the change if it elects. 9. That the Village will not charge the Owner for building permit or other fees necessary for the construction of the planned unit develop- ment or portion thereof in an amount greater than those fees presently charged under existing ordinances on the date hereof. With respect to all other license or business license fees, however, the Village will not charge the Owner or occupants of premises located within the planned unit development fees in an amount greater than those fees charged other licensees in the Village at that date. 10, That the Village will issue no stop orders directing work stoppage on building or parts of the project without detailing corrective action necessary to be taken by the Owner and setting forth the section of the Village Code violated by the Owner and the Owner may forthwith proceed to correct such violations as may exist or take an appeal as set forth in the Village Code. - 4 - 11. That the Village will issue certificates of occupancy within thirty (30) days of application or issue a letter of denial informing the Owner ~s to what corrections are necessary as a condition to the issuance of a certificate of occupancy and quoting the section of the Code relied upon by the Village in its request for correction. Provided, however~ that completion of an entire building shall not preclude the lssuance of occupancy certificates for any finished floor, floors, or portions thereof not otherwise in conflict with Section 21.218 of the Municipal 12. '""' LO of t Vl11age of Mount Prospect of 1957, as amended. ':2t ~ ill e will not require~ of the er, a storm water retenticn u):'} c1. y l..a:ke }la~\! a surface area greater than acres and a reterL5.on _ '-"(" (..1- t~.... ). greater than acre feet as shown by ibit V On-Site Utility Plan) attached, nor will __ change or amend its lie' T':"veme:n oTdinanccs as it affect::> thE' regulation and instii lat:i.on oj: lie _mprovements on the subject property dUTing the t e TD; ()'~ ; ~.. Ii3emen , 1:5 ~ al: L Ovm e r 11 install and the Village will receive the ownersh of certain on-site sewer and water mains, together with the necessary easements for access thereto and maintenance thereof~ as re- quired to serve the project and as set forth in Exhibit V (On-Site Utili ty Plan)~ attached hereto and hereby made a part hereof, The Village, however, shall have the right to require the oversizing of mains and facilities; if excess capacity is desired by it; provided, howevers that the Village sha pay any additional cost for materials made necessary as a result of said oversizing. 14, That the Owner shall install and the Village shall receive the ownership of certain off-site water mains as required to serve the project upon the subject property and as set forth in Exhibit VI (Off-Site Utility Plan), attached hereto and hereby made a part hereof. In the event the Village desires overslzlng of the mains shown upon Exhibit VI (Off-Site Utility Plan), the Village shall pay any additional costs for materials made necessary as a result of said oversizing. 15, That the Owner will installJ and the Village will permit to be in- stal1ed~ private roads per the Village subdivision ordinances and speci- fications as set forth in Exhibit I (Site Plan); the same to be main- tained by the Owner or her successors in interest without expense to the Villageo 16. That the Owner will provlde a mlnlmum of 1,65 parking spaces for each multi-family dwelling unit. All such parking spaces shall be of a .min i mum 8 1/ 2! X 19 1 an d wi 11 a v era gel 0 I X 2 0 lor g rea t e r . 17. That t Owner may mound dirt, and the Village will permit same, along Busse Road and the Owner may fence portions of the property with a fence not exceeding six (6) feet in height, being of a design appro- priate to the development as determined by the Owner. a, Said mounding along Busse Road shall not exceed ten (10) feet - 5 - in height from existing grade and shall not obstruct the Vlew of traffic exiting to Busse Road as shown on Exhibit VII (Screening and Fence Plan), attached hereto and hereby made a part hereof. b. Mounding the other locations within the planned unit develop- ment shall not be so restricted in height. 18. That, in order to safeguard the residents of multi-family dwellings, the Owner will install double or '~immy-pYoof?1 locks on all apartment unit entrance doors in subject buildings for protection against burglary. 19. That all provlslons, conditions, and regulations set forth in this Agreement and the Exhibits to which it refers shall supersede all Village ordinances, codes, and regulations that are in conflict therewith as they may apply to the subject property. Where this Agreement is silent, the Village ordinances shall apply and control. 20, That this Agreement shall be effective for a term of five (5) years fyom date hereof and that thereafter all properties in the planned unit development shall become subject to Village ordinances. a. It shall bind heirs and successors and assigns, the Village, it corporate officials, successors in office, and be enforceable by order of court pursuant to the provisions of the statutes made and provided. b, Nothing herein shall in any way prevent alienation or sale of the subject property or portion thereof except that said sale shall be subject to the provisions hereof and of the planned unit development ordinance of the Village of Mount Prospect and the new Owner shall be both benefitted and bound by the condition and restrictions herein and therein expressed. 21. That, in the event any provlslons of this Agreement shall be deemed invalid, then the invalidity of said provision shall not affect the validity of any other provision hereof. IN WITNESS WHEREOF, the parties hereto have entered their hands and seals, this day of , 1972, the same being done after public hearing, notice, and statutory requirements having been fulfilled, OWNER: BERNARDINE M. BRENKE, as Trustee for BERTRAM A. LEWIS, HARVEY B. LEWIS, and J. LAURENCE KLEINFELD. BERNARDINE M. BRENKE VILLAGE OF MOUNT PROSPECT: By: Village President ATTEST: Village Clerk RESTRICTIVE COVENANTS BERTRAM A. LEWIS, HI,; VEY B. LEWIS and J. LAURENCE KLEINFELD, or their assignees, in accordance with the provisions of Sec. 5.1 of the Zoning Ordinance of the Village of Mount Prospect providing for the creation of Planned Unit Developments and the regulation of tne same, does hereby covenant with the Village of Mount Prospect, a municipal corporation of the County of Cook .and State of Illinois, as follows: 1. BERTRAM A. LEWIS, HARVEY B. LEWIS and J. LAURENCE KLEINFE~DI or their assignees, will maintain control of the Planned Unit Develop- ment proposed on the property described as follows: The South 10 acres of the Southeast 1/4 of the North- east 1/4 of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian (except the West 210,0 feet thereof and also except the East 50.0 feet thereof) also The South 5 acres of the North 10 acres of the South 20 acres of the Southeast 1/4 of the Northeast 1/4 of Sec- tion 22, Township 41 North, Range 11 East of the Third Principal Meridian (except the West 210,0 feet thereof and also except the East 50.0 feet thereof) also That part of the North 5 acres of the South 20 acres of the Southeast 1/4 of the Northeast 1/4 of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian, bounded by a line described as follows: Be- ginning at a point on the East line of said tract at a point 121.89 feet South of the North line of said tract; thence West 772,0 feet on a line parallel with the North line of said tract; thence South 42.32 feet to a point on the South line of said tract; thence East 772.0 feet paral- lel with the North line of said tract to a point on the East line thereof; thence North to the place of beginning, (ex- cept the East 50.0 feet thereof), all in Cook County, Illinois; to guarantee development substantially in accordance with Planned Unit Development Ordinance No. approved by the President and Board of Trustees of the Village of Mount Prospect on 1972, for a period of eighteen (18) months following completion of said Planned Unit Development. 2. BERTRAIvl A. LEWI S, HARVEY B. LEWI Sand J. LAURENCE KLE INFELD , or their assignees, do further covenant that for a period of twenty (20) years from the date of commencement of construction of said Planned Unit Development that they will, by contract(s), provide for adequate - 2 - maintenance of all building ex .'lors, parking areas, and other paved areas, and of all open s~~re located within said Planned Unit Develon- ~ ment, which open space l' d.efined as all of the land upon completion of construction of the S,.' Planned Unit Development, less residential buildings, commercial bui1.ings, parking areas and other paved areas. 3. That as final occupancy by residents occur as to each stage of development, BERTRAI\! A. LEWIS, HARVEY B. LEWIS and J. LAURENCE KLEINFELD, or their assignees, will cause a Plat of Open Space Ease- ment to be delivered to the Village of Mount Prospect for recordation, which, by said Plats, it is intended to permanently guarantee open space substantially in accordance with said approved Plan Unit Development and any amendments thereto. Said Plats of Open Space Easement shall constitute a covenant running with the land for fifty (50) years from the date of said recording of those covenants and shall be enforce- able by said Village of Mount Prospect. 4. The covenants herein contained shall run with the land for the periods of time set forth herein. Thereafter said covenants shall be extended automatically for successive periods of ten (10) years un- less by a vote of the majority of the said landowners of the said pro- perty it is agreed otherwise. 5. Nothing in those covenants shall in any way prevent aliena- tion or sale of the subject property or portion thereof except that said sale shall be subject to the prOVIsIons hereof and of the Planned Unit Development Ordinance of the Village of Mount Prospect and the new Owner shall be both benefited and bound by the conditions and restric- tions herein and therein expressed. 6. By acceptance of these Restrictive Covenan~s, the Village of I\lount Prospect acknowledges that its Ordinance relating to Restrictive Covenants has been fully complied with. 7. If the parties hereto, or any of them, or their heirs or assigns shall violate or attempt to violate any of the covenants herein, - 3 - it shall be lawful for the other parties hereto including the Village of Mount Prospect to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any such covenant -- and either to prevent him or them from so doing or to recover damages or other dues for such violation. 8. These Covenants shall be binding upon and inure to the bene- fit of the parties hereto, their successors and assigns. Bertram A. Lewis Harvey B. Lewis J. Laurence Kleinfeld VILLAGE OF MOUNT PROSPECT By Presldent ATTEST: Village Clerk