O-14-30STATE OFILLINOIS VI)LLAGE OF DEERFIELD
COUNTIES OF LAKE AND COOK ) SS IIIIIIIIIIII IIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIII I IIII IIIII IIII IIIII (IIIII
Image# 054092220012 Type: ORD
VILLAGE OF DEERFIELD Recorded: 06/26/2015 at 03:28:39 PM
Receipt#: 2015-00038166
Page 1 of 12
Fees: $37.00
IL Rental Housing Fund: $0.00
Lake County IL Recorder
Mary Ellen Vanderventer Recorder
File7207133
The undersigned hereby certifies that she is the duly appointed Deputy Village Clerk of the Village of Deerfield, Lake
and Cook Counties, Illinois, and that the attached is a true and accurate copy of
SEAL
Ordinance No. 0-14-30, an Ordinance Approving the Rezoning of Property at 45 Deerfield Road to
R-2 Single -Family Residential and Approving a Preliminary Plat of Subdivision for a 7-Lot
Subdivision Known as Elysian Way
the Approved Site Plan
the Legal Description for Elysian Way
Dated this_ June 24, 2015 _ _. _
DAVID E. FITZGF LU
Deputy Village Clerk
Submitted by: Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015 1
850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 FAX 847.945.0214
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-14-30
AN ORDINANCE APPROVING THE REZONING OF PROPERTY
AT 45 DEERFIELD ROAD TO R-2 SINGLE-FAMILY RESIDENTIAL
AND APPROVING A PRELIMINARY PLAT OF SUBDIVISION
FOR A 7-LOT SUBDIVISION KNOWN AS ELYSIAN WAY
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
lst day of December_ 2014.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
lstday of December , 2014.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-14-30
AN ORDINANCE APPROVING THE REZONING OF CERTAIN PROPERTY
AT 45 DEERFIELD ROAD TO R-2 SINGLE-FAMILY RESIDENTIAL
AND APPROVING A PRELIMINARY PLAT OF SUBDIVISION
FOR A 7-LOT SUBDIVISION KNOWN AS ELYSIAN WAY
WHEREAS, the owner ("Petitioner") of the property legally described on Exhibit A
attached hereto and commonly known as 45 Deerfield Road (the "Subject Property"), petitioned
the Village of Deerfield for: (i) an amendment to the Zoning Map of the Village of Deerfield to
rezone the Subject Property from R-1 Single -Family Residential District and R-2 Single -Family
Residential District to R-3 Single -Family Residential District; and (ii) approval of a preliminary
plat of subdivision for a 8-lot subdivision of the Subject Property known as Elysian Way (the
"initial request"); and
WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on
September 11, 2014 to consider the Petitioner's initial request to rezone the Subject Property from
R-1 Single -Family Residential District and R-2 Single -Family Residential District to R-3
Single -Family Residential District and for an 8-lot subdivision to be known as Elysian Way, said
hearing being held pursuant to public notice and conforming in all respects, in both manner and
form, with the requirements of the statutes of the State of Illinois and the Zoning Ordinance of the
Village of Deerfield; and
WHEREAS, the Plan Commission of the Village of Deerfield, after considering the
proposed R-3 Zoning Map amendment and 8-lot preliminary plat of subdivision, submitted its
written report to the Board of Trustees of the Village of Deerfield recommending approval of: (i)
an amendment to the Zoning Map of the Village of Deerfield to rezone the Subject Property from
R-1 Single -Family Residential District and R-2 Single -Family Residential District to R-3
Single -Family Residential District, and (ii) approval of an 8-lot preliminary plat of subdivision of
the Subject Property to be known as Elysian Way; and
WHEREAS, the Petitioner subsequently modified and reduced its initial request before
the corporate authorities of the Village of Deerfield to request approval of: (i) an amendment to the
Zoning Map of the Village of Deerfield to rezone part of the Subject Property from R-1
Single -Family Residential District to R-2 Single -Family Residential District, and (ii) for approval
of a preliminary plat of subdivision for a 7-lot subdivision of the Subject Property to be known as
Elysian Way (the "modified request"); and
WHEREAS, the President and Board of Trustees of the Village of Deerfield, after
reconsidering Petitioner's modified request, have determined that it is in the best interests of the
Village of Deerfield that Petitioner's modified request be approved, that the "Zoning Map of the
Village of Deerfield be amended as provided herein to rezone that part of the Subject Property that
is currently classified as R-1 Single -Family Residential District to R-2 Single -Family Residential
District, and that a preliminary plat of subdivision for a 7-lot subdivision of the Subject Property to
be known as Elysian Way be approved in the R-2 Single -Family Residential District;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS,
in the exercise of its home rule powers, as follows:
SECTION 1: That the above and foregoing recitals, being material to this Ordinance are
hereby incorporated by this reference and made a part of this Ordinance as if fully set forth herein.
Ira
SECTION 2: That the Zoning Map of the Village of Deerfield, as amended, be and the
same is hereby further amended to reclassify and rezone that part of the Subject Property described
on Exhibit A attached hereto from R-1 Single -Family Residential District to R-2 Single -Family
Residential District.
SECTION 3: That the corporate authorities of the Village of Deerfield do hereby approve
and authorize a preliminary plat of subdivision for a 7-lot subdivision of the Subject Property in
the R-2 Single -Family Residential District to be known as Elysian Way which shall be consistent
with the exhibits attached hereto as Exhibit B.
SECTION 4: That the approval and authorization of said Zoning Map amendment and
preliminary plat of subdivision of the Subject Property in the R-2 Single -Family Residential
District is granted subject to the following conditions, regulations and restrictions:
A. The development, establishment, operation and use of the Subject Property shall be
for a 7-lot subdivision and in conformance with the documents, materials and exhibits
attached hereto and made a part hereof as Exhibit B and in accordance with all
representations submitted and made by the Petitioner to the President and Board of
Trustees.
B. Submission and approval of a final plat of subdivision for the Subject Property that
shall be consistent with the preliminary plat of subdivision approved pursuant to this
ordinance.
C. That the construction, development and use of the Subject Property shall be in
conformance with all applicable provisions of the Zoning Ordinance, Municipal Code and
Subdivision regulations of the Village of Deerfield.
SECTION 5: That this Ordinance, and each of its terms, shall be the effective legislative
act of a home rule municipality without regard to whether such Ordinance should: (a) contain
terms contrary to the provisions of current or subsequent non -preemptive state law; or, (b) legislate
in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of
the corporate authorities of the Village of Deerfield that to the extent that the terms of this
-3-
Ordinance should be inconsistent with any non -preemptive state law, this Ordinance shall
supersede state law in that regard within its jurisdiction.
SECTION 6: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
PASSED this 1st day of December , 2014.
AYES: Benton, Jester, Seiden, Struthers
NAYS: None
ABSENT: Farkas, Nadler
ABSTAIN: None
APPROVED this 1st
ATTEST:
Vill, ge Clerk
day of December , 2014.
M
Village Pre ident
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 33, TOWNSHIP 43 NORTH,RANGE 12, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT THE
NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 33; THENCE SOUTH ALONG THE WEST
LINE OF SAID EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 33; A DISTANCE OF 475.0 FEET; THENCE NORTH 64 DEGREES
54 MINUTES EAST 114.47 FEET; THENCE NORTH 51 DEGREES 15 MINUTES EAST 57.60
FEET; THENCE NORTH 38 DEGREES 30 MINUTES EAST 91.0 FEET; THENCE NORTH 88
DEGREES 35 MINUTES EAST 231.50 FEET; THENCE NORTH 63 DEGREES 16 MINUTES
EAST 121.32 FEET; THENCE NORTH 40 DEGREES 51 MINUTES WEST 343.92 FEET TO
A POINT ON THE NORTH LINE OF SAID SECTION 33, SAID POINT BEING 338.53 FEET
WEST OF THE NORTHEAST CORNER OF SAID SECTION; THENCE WEST ALONG THE
NORTH LINE OF SAID SECTION 320.06 FEET TO THE PLACE OF BEGINNING ALSO
THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 28, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTH
LINE OF SAID SECTION 28, A DISTANCE OF 391.91 FEET WEST OF THE SOUTH EAST
CORNER OF SAID SECTION 28, SAID POINT BEING THE INTERSECTION OF THE
SOUTH LINE OF SECTION 28 WITH THE CENTERLINE OF DEERFIELD ROAD AS
FORMERLY LOCATED; THENCE EAST ALONG THE SOUTH LINE OF SECTION 28, 53.38
FEET; THENCE NORTH 22 DEGREES 54.5 MINUTES WEST 32.24 FEET, TO THE
CENTERLINE OF DEERFIELD ROAD AS FORMERLY LOCATED, THENCE
SOUTHWESTERLY 50.52 FEET ALONG THE CENTERLINE OF DEERFIELD ROAD TO
THE PLACE OF BEGINNING, IN LAKE COUNTY, ILLINOIS, EXCEPT ANY PART
THEREOF FALLING IN COLONY POINT UNIT ONE, A SUBDIVISION RECORDED
MARCH 10, 1964 AS DOCUMENT 1218503 AND CERTIFICATE OF CORRECTION
RECORDED AS DOCUMENT 1220811, IN LAKE COUNTY, ILLINOIS.
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
ELYSIAN WAY SUBDIVISION BEING A SUBDIVISION OF PART OF THE SOUTHEAST
QUARTER OF SECTION 28 AND THE NORTHEAST QUARTER OF SECTION 33 ALL IN
TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
LAKE COUNTY, ILLINOIS.
Exhibit B
Documents Incorporated as Part of the Ordinance
Rezoning Certain Property at 45 Deerfield Road
To R-2 Single Family Residence District and
Approving a Preliminary Plat of Subdivision
(Elysian Way)
Plan — Site (Composite) of a 7-lot subdivision for 45 Deerfield Road by Peter Eric Siegal,
AIA, dated 2014-1028.
2. Plan — Site (Illustrative) of a 7-lot subdivision for 45 Deerfield Road by Peter Eric Siegal,
AIA, dated 2014-1028.
Plan — Site (Geometry) of a 7-lot subdivision for 45 Deerfield Road by Peter Eric Siegal,
AIA, dated 2014-1028.
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JYMorgan Chose Bank, N.A.
Global Trade Services
131 South L)arbom, 5th Floor
Mail Code: 8.1-0236
Chicago, IL 60603 -5506
MAY 7, 2015
OUR L/C NO : TFTS- 839922
BENEFICIARY:
VILLAGE OF DEERFIELD
850 WAUKEGAN ROAD
DEERFIELD, IL 60015
APPLICANT:
INVESTCOM LLC
1864 COOPER LN
HIGHLAND PARK, IL 60035 1605
AMOUNT: USD573,091.00(FIVE HUNDRED SEVENTY THREE THOUSAND NINETY ONE AND
00 /100 UNITED STATES DOLLARS)
DATE AND PLACE OF EXPIRY: MAY 31, 2016
AT OUR COUNTER
AVALLABLE WITH: JPMORGAN CHASE BANK, N.A.
TAMPA, FLORIDA
BY PAYMENT
PROJECT DESCRIPTION: ELYSIAN WAY SUBDIVISION PROJECT
WE HEREBY OPEN OUR IRREVOCABLE STANDBY LETTER OF CREDIT (''LETTER OF
CREDIT'') NO. TFTS- 839922 FOR THE ACCOUNT OF INVESTCOM LLC FOR A SUM OR
SUMS NOT EXCEEDING A TOTAL OF USD573,091.00(FIVE HUNDRED SEVENTY THREE
THOUSAND NINETY ONE AND 00 /100 UNITED STATES DOLLARS) AVAILABLE BY YOUR
DRAFT(S) AT SIGHT ON OURSELVES EFFECTIVE IMMEDIATELY AND EXPIRING AT OUR
COUNTERS ON THE EXPIRATION DATE.
WE HAVE BEEN ADVISED THAT THIS LETTER OF CREDIT IS ISSUED FOR THE PURPOSE
OF SECURING AND PAYING FOR ALL COSTS INCURRED OR TO BE INCURRED BY THE
VILLAGE IN SECURING THE PROPER CONSTRUCTION AND COMPLETION OF THE
MUNICIPAL IMPROVEMENTS IN THE SUBDIVISION IN AN AMOUNT NOT LESS THAN 110
PERCENT OF THE ESTIMATED COST OF THE MUNICIPAL IMPROVEMENTS, ALL AS MORE
FULLY SET FORTH IN SECTION 7 OF THIS STATEMENT OF INTENT AND AGREEMENT
THIS LETTER OF CREDIT SHALL EXPIRE ON THE EXPIRATION DATE, PROVIDED,
HOWEVER THE UNDERSIGNED SHALL SEND WRITTEN NOTICE TO THE DIRECTOR OF
121324 Samuel Kingsley
Page I of 3
JPMorgan Chase Bank, N.A.
Global Trade Services
131 South Dearbom, 5th Floor
Mad Code: IL1 -0236
Chicago, IL 60603 -5506
MAY 7, 2015
OUR L/C NO.: TFTS - 839922
DEVELOPMENT OF THE VILLAGE OF DEERFIELD, AT THE ABOVE ADDRESS BY CERTIFIED
MAIL, RETURN RECEIPT REQUESTED, OR OVERNIGHT COURIER LIMITED TO ADDRESSEE
ONLY, AT LEAST SIXTY (60) DAYS PRIOR TO SAID EXPIRATION DATE THAT THE
LETTER OF CREDIT IS ABOUT TO EXPIRE, IN NO EVENT SHALL THIS LETTER OF
CREDIT OR THE OBLIGATIONS AS SET FORTH HEREIN EXPIRE, EXCEPT UPON SAID
PRIOR WRITTEN NOTICE BY THE UNDERSIGNED, IT BEING EXPRESSLY AGREED BY THE
UNDERSIGNED THAT THE ABOVE EXPIRATION DATE SHALL BE EXTENDED AS REQUIRED
TO COMPLY WITH THIS NOTICE PROVISION.
DRAFT(S) MUST BE ACCOMPANIED BY: A WRITTEN STATEMENT SIGNED BY ONE OF THE
FOLLOWING ONLY: DIRECTOR OF DEVELOPMENT, FINANCE DIRECTOR, VILLAGE
MANAGER OR ACTING VILLAGE MANAGER OF THE VILLAGE OF DEERFIELD STATING THAT
ONE OF THE FOLLOWING CONDITIONS HAS OCCURRED:
1. THAT INVESTCOM LLC IS IN DEFAULT; OR
2. THAT THIS LETTER OF CREDIT IS DUE TO EXPIRE WITHIN SIXTY (60) DAYS OR
LESS, AND INVESTCOM LLC HAS FAILED TO EITHER EXTEND THE EXPIRATION DATE BY
AMENDMENT OR TO SUPPLY A REPLACEMENT LETTER OF CREDIT.
EACH DRAFT MUST BEAR UPON ITS FACE THE CLAUSE ''DRAWN UNDER JPMORGAN CHASE
BANK, N.A. IRREVOCABLE STANDBY LETTER OF CREDIT NO. TFTS- 839922 ''
THE UNDERSIGNED AGREES THAT THIS LETTER OF CREDIT SHALL NOT BE REDUCED IN
AMOUNT OR RELEASED, EXCEPT UPON RECEIPT OF A WRITTEN NOTICE BY THE
DIRECTOR OF DEVELOPMENT, CERTIFYING THAT THE LETTER OF CREDIT MAY BE
REDUCED IN A SPECIFIC AMOUNT. THE OUTSTANDING BALANCE OF THE LETTER OF
CREDIT SHALL BE THE FACE AMOUNT AS STATED ABOVE, LESS ANY PRIOR DRAWINGS
BY THE VILLAGE AND ANY AMOUNT WHICH IS RELEASED UPON THE FURNISHING OF
NOTICE AS STATED ABOVE, PROVIDED, HOWEVER, THAT THE OUTSTANDING BALANCE OF
THE LETTER OF CREDIT SHALL NOT BE REDUCED TO LESS THAN TEN PERCENT (10 %)
OF THE INITIAL FACE AMOUNT AS STATED ABOVE, UNTIL THE CORPORATE
AUTHORITIES OF THE VILLAGE OF DEERFIELD ACCEPT THE AFOREMENTIONED PROJECT
IMPROVEMENTS AND THE DIRECTOR OF DEVELOPMENT NOTIFIES JPMORGAN CHASE BANK,
N.A. THAT THE LETTER OF CREDIT MAY BE RELEASED OR UNTIL THE EXPIRY DATE OF
THIS LETTER OF CREDIT, WHICHEVER OCCURS EARLIER.
EXCEPT AS OTHERWISE STATED HEREIN, THIS IRREVOCABLE LETTER OF CREDIT SHALL
121324 Samuel Kingsley -
Pegc 2 of 3
dPMorpn Chase Bank, N.A.
Global'Ikede Services
131 South Dearborn, 5th Floor
Mail Code: IL1 -0236
Chicago, Q. 60603 -5506
MAY 7, 2015
OUR L/C NO.: TFTS - 839922
BE SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS
(2007 REVISION) INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION NO. 600
WE HEREBY AGREE THAT DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS
OF THE LETTER OF CREDIT MUST BE DULY HONORED IF PRESENTED TO JPMORGAN
CHASE BANK, N.A.
PLEASE ADDRESS ALL CORRESPONDENCE AND ANY DRAWINGS HEREUNDER TO JPMORGAN
CHASE BANK, N.A., C/O JPMORGAN TREASURY SERVICES, ATTN: STANDBY LETTER OF
CREDIT DEPT., 10420 HIGHLAND MANOR DRIVE, 4TH FL., TAMPA, FLORIDA 33610.
CUSTOMER INQUIRY NUMBER IS 1- 800 -634 -1969 CHOOSE OPTION 1, 312 - 385 -7910,
OR E -MAIL AT GTS .CLIENT.SERVICES @JPMCHASE.COM. PLEASE HAVE OUR REFERENCE
NUMBER AVAILABLE WHEN YOU CONTACT US.
121324 S. d Kingslcy
Page 3 of 3
g�
)unty RECORDER OF DEEDS
IIIIIII IIIIII III INII IIIII IIIII IIIllillll IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Image# 054092200006 Type: AGR
Recorded: 06/26/2015 at 03:28:39 PM
Receipt#: 2015-00038166
Pape 1 of 6
Fees: $30.00
IL Rental Housing Fund: $0.00
Lake County IL Recorder
Mary Ellen Vanderventer Recorder
File7207 131
RECORDING COVERSHEET
❑ NON-STANDARD DOCUMENT
❑ RE -RECORDED DOCUMENT - previously recorded as
document number
(Lake County numbers consist of 7 Digits)
PLEASE ALSO STATE THE REASON FOR RE-RECORDING IN THE BOX BELOW
• A "re -recorded document" refers to the recording of a previously recorded document and is
used to correct or modify the document after the original recording.
• The changes or additions reflected by the re-recording should be made on either the original
document or on a certified copy and then attached to this coversheet.
• For the convenience of title searchers, no pages or information should be deleted from the
original. Corrections should be made by crossing out the incorrect version and adding the
correct information. This allows the searcher to easily identify the before and after versions.
Please update the followin_q information when re-recordin
Return To:
STATEMENT OF INTENT AND AGREEMENT
FOR THE ELYSIAN WAY RESUBDMSION
(45 Deerfield Road, Deerfield, IL 60015)
/1n The following is a binding Statement of Intent and Agreement dated this � day of
� 4re,A , 2015 between Investcom, LLC, being the proposed owner and developer of the
Subject Property ("Owner and Developer"), and the Village of Deerfield, an Illinois municipal
corporation (the "Village"), concerning requirements for the resubdivision and development of the
property known either as 45 Deerfield Road or Elysian Way (hereinafter referred to as the
"Subdivision" or "Subject Property") located at 45 Deerfield Road in Deerfield, Illinois and legally
described in the Final Plat incorporated herein.
1) SUPPORTING DOCUMENTS:
a) The final plat of subdivision for the Elysian Way subdivision prepared by R.E. Decker,
P.C., dated q a01.5(the "Final Plat");
b) The engineering drawings and specifications (the "Engineering Plans") prepared by Daniel
Creaney Company (the "Project Engineer") dated December 23, 2014; and
c) The tree inventory plan (the "Tree Inventory") prepared by McKay Landscape Architects
(the "Landscape Architect") dated February 3, 2015.
2) APPROVAL OF FINAL PLAT:
The Village approves the Final Plat subject to compliance with each of the following
conditions, all of which must be satisfied prior to the execution of the Final Plat on behalf of the
Village.
a) Payment to the Village of engineering review fees in the amount of $17,397.09.
b) Execution of this Agreement; and
c) Compliance with the requirements of this Agreement.
3) ESTIMATE OF COST OF MUNICIPAL IMPROVEMENTS:
The Project Engineer has provided an estimate of the cost of constructing the following
improvements (the "Municipal Improvements") in accordance with the Engineering Plans for the
development of the Subdivision, which estimate is hereby approved:
Municipal Improvement
Cost:
Earthwork
$35,000.00
Paving
$160,038.00
Sanitary Sewer
$42,550.00
Storm Sewer:
$141,661.00
Water Main
$86,042.00
Landscaping
$8,800.00
Lighting
$14,400.00
150
Erosion Control $7,500.00
Restoration — Detention Area $25,000.00
TOTAL $520,991.00
Owner and Developer shall furnish and maintain an irrevocable letter of credit, or other good and
sufficient security as approved in writing by the Village, securing the proper construction and
completion of the Municipal Improvements in the Subdivision in an amount not less than 110% of
the estimated cost of the Municipal Improvements, all as more fully set forth in Section 7 of this
Statement of Intent and Agreement.
4) AMENDMENTS:
All Amendments to this Statement of Intent and Agreement shall be in writing and approved
by the Village and the Owner and Developer. The Village Ordinance provisions in effect at the
time of the request for an amendment shall apply.
5) COMPLIANCE WITH APPLICABLE ORDINANCES, LAWS, REGULATIONS AND
RULES; VARIATIONS:
Exact as expressly provided herein, Owner and Developer shall comply with any and all
applicable ordinances, laws, regulations, and rules of the Village and any other governmental body
that has jurisdiction over the Subdivision. No construction work shall be performed relating to the
development of the Subdivision and no dwelling unit in the Subdivision shall be occupied unless
and until all required permits are obtained from the governmental bodies having jurisdiction over
the Subdivision.
6) CONDITIONS WHICH MUST BE MET PRIOR TO THE ISSUANCE OF A
BUILDING PERMIT:
The Owner and Developer must comply with each of the following before a building permit is
issued for any construction on the lot within the Subdivision:
a) The Final Plat must be recorded.
b) To the extent that modifications to the Engineering Plans are submitted by the Owner and
Developer, or are otherwise required for the compliance with the Deerfield Subdivision
Code, Owners and Developers shall submit such modifications for review by the Village
Engineer and shall pay all Village review fees associated therewith.
c) Owner and Developer shall provide a schedule, approved by the Village Engineer, for the
orderly construction of the Municipal Improvements.
7) SECURITY FOR COMPLETION OF MUNICIPAL IMPROVEMENTS:
a) To guarantee the completion of Municipal Improvements, and other commitments by the
Owners and Developers as specified in this Statement of Intent and Agreement, the Owners
and Developers shall provide to the Village financing surety by means of a letter of credit
in a total amount of not less than $573,091-01 The letter of credit for the Subdivision shall
be provided to the Village prior to the r xoq ding of the Final Plat and shall be in a form
C`
j0
approved in writing by the Village's attorney. The letter of credit shall be issued by a bank
having an office located within Cook, McHenry, Lake, DuPage or Kane Counties, Illinois
where draws can be made on the letter of credit. The bank issuing the letter of credit shall
be subject to the approval of the Village and the Village may refuse to accept any letter of
credit issued by a bank that has not been previously approved in writing by the Village.
b) As each component of the Municipal Improvements is accepted, the Owners and
Developers may request that the Village reduce the amount of the letter of credit.
c) If 60 days prior to the expiration of the letter of credit, the Owners and Developers have
not extended the letter of credit or any extension of the letter of credit, for a period of not
less than one year, that failure to extend shall be deemed to be a default on the part of the
Owners and Developers under the provisions of this Statement of Intent and Agreement
and the Village shall have the right to refuse to issue any additional building permits or
occupancy permits within the Subdivision. The Village shall have the right to refuse to
accept the renewal of a letter of credit which expires any time 18 months after the date of
this Statement of Intent and Agreement if the Municipal Improvements provided for in
Section 3of this Statement of Intent and Agreement have not been accepted.
d) In lieu of providing a letter of credit the Owners and Developers may provide security for
the completion of the Municipal Improvements and other commitments by the Owners and
Developers as specified in this Statement of intent and Agreement by depositing funds in
an amount equal to the total amount specified in Section 3 of this Statement of Intent and
Agreement (the "Improvement Security Funds"). The Improvement Security Funds to be
deposited shall be held by the Village in trust to secure the completion of the Municipal
Improvements and other conmlitments. The Village may utilize the Improvement Security
Funds to pay for the cost of completing the Municipal Improvements and other
commitments by Owner and Developer, if Owner and Developer fail to complete such
improvements and fulfill its other commitments in a timely manner or in a manner that is
satisfactory to the Village, provided that the Village shall not utilize any Improvement
Security Funds without first giving Owner and Developer, seven days written notice. Such
notice, and any other notice required to be given to Owner and Developer pursuant to a
letter of credit, shall be deemed given when received by Owners and Developers or if sent
by certified mail, return receipt requested, on the date the notice is deposited in the U.S.
Mail in an envelope addressed to Owners and Developers at the address set forth at the
beginning of this Statement of Intent and Agreement.
e) The Owners and Developers expressly agree, understand and acknowledge that the Village
and its officials shall be under no obligation to issue building or occupancy permits for the
Subdivision if the Owners and Developers have not furnished the letters of credit or
deposited the Improvement Security Funds as required by the provisions of this Section 7.
8) CONSTRUCTION SCHEDULE:
The construction of the Municipal Improvements described in this Statement of Intent and
Agreement and the Supporting Documents described in Section 2 of this Statement of Intent and
Agreement shall be scheduled in an orderly fashion. All components of the Municipal
Improvements for the Subdivision shall be completed within 18 months after the date the Final
-3-
Plat is recorded. The Owners and Developers acknowledge and agree that the Village may refuse
to issue building permits and occupancy permits for lots within the Subdivision if the Municipal
Improvements are not constructed and installed as shown on the Final Plat and as provided for in
the Supporting Documents, including but not limited to this Statement of Intent and Agreement.
The Village may refuse to issue an occupancy permit for a dwelling unit constructed on a lot within
the Subdivision if the Village reasonably determines that the Municipal Improvements required to
service such lot and dwelling unit have not been installed.
9) EASEMENTS AND PERMITS:
Owners and Developers shall be responsible for obtaining any off -site easements and permits
as may be necessary to provide access for public utilities.
10) ENVIRONMENTAL PROTECTION AGENCY PERMITS:
Owners and Developers acknowledge that prior to construction of any new sanitary sewer and
water lines that will service the Subdivision, they may be required to seek and obtain permits from
the Illinois Environmental Protection Agency. The approval of the Subdivision does not constitute
any representation or assurance by the Village that such permits, if required, can be obtained from
the Illinois Environmental Protection Agency.
11) EROISION CONTROL AND SOIL CONSERVATION:
During construction, the Owners and Developers shall take such measures to provide for
erosion control and soil conservation as may be required under the Deerfield Watershed
Development Ordinance, as amended.
12) INTERPRETATION:
This Statement of Intent and Agreement is intended to implement the provisions of the
Supporting Documents and the Ordinances of the Village of Deerfield, but shall not be construe
as granting, authorizing or approving any exception or variance to the Supporting Documents or
to the Ordinances of the Village of Deerfield unless expressly listed in Section 5 of this Agreement.
To the extent that there is a conflict between the provisions of this Statement of Intent and
Agreement and the Supporting Documents, the provisions of this Statement of Intent and
Agreement shall govern and control.
1This Space Left Blank Intentionally]
SI
13) BINDING EFFECT:
The conditions and agreements made hereby by the Owner and Developer shall be a covenant
running with the land and shall be binding upon the Owner and Developer and upon their
successors, heirs, assigns, grantees and successors in title to the Subject Property.
Harold Birndorf d/b/a Investcom, LLC, Owner and Developer
ATTEST:
Village Jerk
APPROVED BY THE VILLAGE OF DEERFIELD
LAKE AND COOK COUNTY, ILLINOIS
By:
Village President
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DEC
Imaqe# 054092210027 Type'.
Recorded: 06/26/2015 at 03:28:39 PM
Receipt#: 2015-00038166
Paqe i of 27
Fees: $52.00
IL Rental Housinq Fund: $0.00
Lake County IL Recorder
Mary Ellen Vandervventer Recorder
File7207132
DECLARATION
OF
EASEMENTS, RESTRICTIONS AND COVENANTS
FOR
ELYSIAN WAY HOMEOWNERS ASSOCIATION
THIS DECLARATION, made and entered this 11�r77(day of , 2015, by
INVESTCOM LLC., an Illinois limited liability company (hereinafter referred to as "Declarant").
WITNESSETH:
WHEREAS, Declarant is the legal title holder of certain real estate (the "Premises") in the
Village of Deerfield, Illinois, the legal description of which is set forth in Exhibit "A" attached to
and made a part of this Declaration; and
WHEREAS, Declarant intends to develop on the Premises a residential complex consisting
of a number of separate buildings including detached single family homes, along with various
facilities .common to the entire complex, including, but not limited to landscaped areas, detention
areas, walkways, storm water facilities, including but not limited to a pumping station, and other
amenities; and
WHEREAS, in order to provide for the necessary ownership, administration, maintenance
and common enjoyment of the Premises, and to implement the development, and preservation of all
improvements which Declarant may from time to time construct within the Premises, Declarant has
(i) formed or will form the Elysian Way Homeowners Association (the "Association") under the
administering and maintaining the Common Areas in accordance with the provisions hereof, and (ii)
hereby causes the Premises to be subject to the provisions of this Declaration.
NOW, THEREFORE, Declarant hereby declares that the Premises are and hereafter shall be
transferred, held, sold, conveyed and accepted subject to this Declaration.
Declarant does hereby further declare that the following rights, easements, covenants,
restrictions, conditions, burdens, uses, privileges, charges and liens shall: (1) exist at all times
hereafter among all parties having or acquiring any right, title or interest in any portion of the
Premises; (2) be binding upon and inure to the benefit of each Owner (as further defined in
Paragraph 1.07); and (3) run with the land subject to this Declaration, to be held, sold and conveyed
subject thereto.
ARTICLE I
DEFIMTIONS
For purposes of brevity and clarity, the following words and terms, when used in this
Declaration, shall have the following meanings unless otherwise required by the context:
1.01 Association: Elysian Way Homeowners Association, an Illinois not -for -profit
corporation, and its successors and assigns.
1.02 Board: The Board of Directors of the Association, as constituted at any time or
from time to time, in accordance with the applicable provisions of Article II hereof.
1.03 Common Areas: The portion of the Premises legally described as Outlots A, and B,
in Exhibit "A" attached hereto, together with all easements, rights and appurtenances belonging
thereto, and all fixtures, improvements, structures and personal property thereon intended for the
mutual use, benefit or enjoyment of Members. Such term also includes: (a) all property rights,
-2.
easements, leaseholds and other interests in real estate received by or created for the benefit of the
Association and all fixtures and personal property thereon and appurtenances belonging thereto,
intended for the mutual use, benefit or enjoyment of Members; and (b) such other real estate or
interests therein.
1.04 Declaration: This Declaration and all amendments hereof and thereof. References
to "this" Declaration or to any "other" Declaration shall mean this instrument as so amended and
supplemented.
1.05 Lot: Any of Lots 1 through 7 described on Exhibit "A" attached hereto, upon each
of which it is intended that a Residence be constructed.
1.06 Member: An Owner who holds membership in the Association pursuant to
Paragraph 2.01 hereof and who is subject to assessment pursuant to Paragraph 4.01 hereof.
1.07 Owner: The record owner, whether one or more persons or entities, of a fee simple
title to any Lot, including contract sellers, but excluding those other than contract sellers having
such interest merely as security for the performance of an obligation. The term "Owner" shall
include Declarant to the extent of the number of Lots owned by Declarant or by any title holding
trust of which Declarant shall be the sole beneficiary, and also includes the interest of Declarant (or
of such title holding trust) as contract seller of any Lot.
1.08 Premises: The real estate legally described Exhibit "A" attached hereto (including
all easements appurtenant thereto).
1.09 Residence: A housing unit designed or intended for use exclusively as living
quarters for one family.
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1.10 Unit Membership: The membership in the Association which is appurtenant to a
Member's Dwelling Unit as provided in Paragraph 2.01 hereof.
ARTIVI N 11
MEMBERSHIP AND VOTING RIGHTS IN THE COMMUNITY ASSOCIATION:
BOARD OF DIRECTORS OF THE COMMUNITY ASSOCIATION
2.01 Membership. Every Owner of a Lot which is subject to assessment pursuant to
Paragraph 4.01 hereof is hereby declared to be a Member of the Association. Membership is
appurtenant to and shall not be separated from ownership of such Owner's Lot. Each such Owner,
by acceptance of a deed or other conveyance of a Lot, thereby becomes a Member, whether or not
this Declaration or such membership is made a part of, incorporated by reference in, or expressed in
the deed or conveyance. There shall be one membership allocable to each assessable Lot (herein
called a "Unit Membership") and any Member who is the owner of more than one such Lot shall
have the number of Unit Memberships equal to the number of such Lots. If the record ownership of
a Lot shall be in more than one person, or if an Owner of a Lot is a trustee, corporation, partnership
or other legal entity, then the individual who shall enjoy the Unit Membership and be responsible
for the obligations attributable thereto, shall be designated by such Owner or Owners in writing to
the Association at the time the Lot becomes subject to assessment by the Association. Such
designation may be changed from time to time thereafter by notice in writing to the Association.
Ownership of a Lot shall be the sole qualification for membership in the Association. Declarant
shall be a Member of the Association only to the extent that Declarant owns Lots which are subject
to assessment pursuant to Paragraph 4.01 hereof.
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2.02 Voting Rim. Members shall have voting rights in the Association, equal to one
vote for each Dwelling Unit owned by such Members.
2.03 Method of Voting. The total number of votes which may be cast on any matter
requiring assent of Members of the Association shall be equal to the total number of Lots in the
Premises Unless this Declaration or the charter or Bylaws of the Association, or any law, shall
specify a greater vote, all Association matters requiring action by Members shall be decided by a
majority of the votes cast by the Members voting at a meeting of the Members at which are present
Members representing a majority of the Unit Memberships in the Premises at the time of such vote.
2.04 Board of Directors.
(a) The Association shall be governed by its Board of Directors (`Board")
comprised of not less than three (3) nor more than seven (7) persons duly appointed or elected as
provided herein and in the charter and Bylaws of the Association.
(b) A majority of the Board elected by the Members shall be Members of the
Association or spouses of Members. Directors appointed by Declarant need not be Members.
(c) Prior to the appointment of the first Board of the Association pursuant to
paragraph 2.05 hereof, Declarant may exercise all rights, powers and privileges of the Board and
may perform all of its functions, including its functions under Article W hereof.
2.05 Appointment of Directors by Declarant. Notwithstanding any other provisions of
this Declaration or the charter or Bylaws of the Association the first and each subsequent Board of
the Association shall consist of, and vacancies on the Board shall be filled by, such persons as
Declarant shall from time to time appoint, until the first to occur of any one of the following events:
(i) Declarant notifies the Association in writing that it has completed and sold or leased all
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Residences to be constructed by Declarant within the Premises; (ii) ten (10) years shall have elapsed
from the date upon which this Declaration is recorded; or (iii) Declarant, by written notice to the
Association, voluntarily elects to terminate its control of the Association. Such right of Declarant to
appoint Directors shall be to the exclusion of the right of the Members to do so. The Owners, or
Members shall not, without the prior written consent of Declarant, have the right to amend, modify
or change the charter or Bylaws of the Association to in any way diminish the authority of the
Board during the period that Declarant has the right to appoint any members of the Board.
Declarant may, from time to time, by written notice to the Association, voluntarily waive its
right to appoint one or more Directors, and continue to exercise its right to appoint the remaining
members of the Board for the period hereinabove specified. Election by Declarant to waive its right
to appoint any member or members of the Board or to terminate its control of the Association, shall
not affect the right of Declarant to participate in the Association as a Member thereof. All Directors
who are not subject to appointment by Declarant shall be elected by the Members in accordance
with the provisions of Paragraphs 2.06 and 2.07 hereof.
2.06 First Meeting of Members to Elect Directors. Upon receipt by the President of the
Association of appropriate evidence of the waiver of Declarant's right to select all the Directors of
the Association, the President shall promptly convene a meeting of the Members for the purpose of
electing a new Board or to elect those Directors who no longer are to be appointed by Declarant.
2.07 Election of Directors by Members. Upon waiver of Declarant's right to appoint
any of or all the Directors, pursuant to Paragraph 2.05 hereof, those Directors not subject to
appointment by Declarant shall be elected by vote of the Members in accordance with the
provisions of this Article. Notwithstanding such election, any Director theretofore appointed by
10
Declarant who does not elect to resign may stay in office for the balance of his unexpired term and
until his successor is elected and qualified.
2.08 Informal Action by Directors. Unless specifically prohibited by the charter or
Bylaws of the Association, any action required by this Declaration to be taken by the Board may be
taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by
all the Directors entitled to vote with respect to the subject matter thereof. Any such consent signed
by all the Directors shall have the same effect as a unanimous vote.
2.09 Informal Action by Members. Any action required by this Declaration to be taken
at a meeting of the Members, or any other action which may be taken at a meeting of the Members
may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be
signed by all the Members entitled to vote with respect to the subject matter thereof. Such consent
shall have the same force and effect as a unanimous vote of the Members.
2.10 Liabilities. None among the Declarant, its members, officers, partners, employees,
the Board, members of the Board, officers of the Association and the agents and employees of any
of them (all of the above hereinafter referred to as the "Protected Parties") shall be liable to the
Owner's or any other person for any mistake of judgment or for any acts or omissions made in good
faith as such members of the Board or officers of the Association or acting as the Board. The
Owners hereby agree to indemnify, hold harmless, protect and defend any and all of the Protected
Parties against all contractual liability to others arising out of contracts made by the Board, or acting
as the Board, on behalf of the Owners unless any such contract shall have been made in bad faith or
contrary to the provisions of this Declaration. It is intended that the liability of each Owner arising
out of such indemnity, shall be limited to and borne by each such Owner, in the proportion that each
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such Owner's Lot bears to the total number of Lots in the Premises at the time the loss, cost,
damage or expense is incurred. The Board shall assess each Owner for his share of the cost of such
indemnification, and such assessment shall be collectible and enforceable in mode and manner as
set forth in Article W hereof. To the extent possible the obligation of the Owners for
indemnification hereunder shall be insured by means of appropriate contractual endorsements to the
comprehensive general liability insurance policies held from time to time by the Community
Association.
2.11 Governing Law. Except as otherwise provided in this Declaration, the Association,
its Board, officers and Members shall be governed by the Illinois General Not -for -Profit
Corporation Act.
ARTICLE III
EASEMENTS AND PROPERTY RIGHTS
3.01 Easements to Run with Land. All easements described herein are easements
appurtenant, running with the land, and, so long as the Premises are subject to the provisions of this
Declaration, shall remain in full force and effect, and shall inure to the benefit of and be binding
upon Declarant, its' successors and assigns, and any Owner, purchaser, mortgagee and other person
having an interest in the Premises, or any part or portion thereof. Reference in the respective deeds
of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the easements
and rights described in this Article III, or described in any other part of this Declaration, shall be
sufficient to create and reserve such easements and rights to the respective grantees and mortgagees
as fully and completely as though such easements and rights were recited fully and set forth in their
entirety in such documents.
3.02 Easements of Access. Every Owner of a Lot is hereby granted and reserved a
perpetual nonexclusive easement for the purpose of reasonable ingress and egress to and from all
public and private ways which adjoin the Common Areas and such owner's Lot through, over and
across such portions of the Common Areas as shall from time to time be prescribed by the Board for
such purpose. The use by each Owner and by his invitees of the portions of the Common Areas so
prescribed shall be subject to such reasonable rules and regulations as the Board shall promulgate.
3.03 Right of Enioyment. Every Member shall have the right and easement of
enjoyment in and to the Common Areas, which right and easement shall include but not be limited
to easements for pedestrian and vehicular ingress and egress, placing of utilities appurtenant to his
Lot and use of open spaces and other community facilities. Such right and easement shall be
appurtenant to and shall pass with the title to every Lot, subject to the following rights:
Declaration;
Declaration;
(a) The right of the Association to pass reasonable rules and regulations;
(b) The right of the Association to levy assessments as provided in this
(c) The rights of the Association and the Declarant reserved under this
(d) The right of the Association to change, improve or modify the Common
Areas and to mortgage or otherwise encumber the same, or any portion thereof, to secure any
indebtedness or obligation of the Association, whether or not the proceeds of such mortgage or
encumbrance shall be used for the improvement of the Common Areas; and
(e) The right of the Association to dedicate to transfer all or any part of the
Common Areas to the Village of Deerfield, Illinois, or to any other public agency, authority or
W"
utility for such purposes and subject to such conditions as may be approved by the Board and the
Association pursuant to a vote of the Members.
3.04 Delegation of Use. Any Owner of a Lot may delegate, in accordance with and
subject to rules and regulations adopted by the Association, his rights of access to and enjoyment of
the Common Areas to persons in his family, his tenants, or contract purchasers who reside in his
Residence.
3.05 Easement and Agreement for Maintenance and Repair. Declarant will cause the
construction and installation of various improvements, including but not limited to storm sewer
facilities ("Proposed Improvements") to serve the Premises. The Association shall have the
obligation to perform maintenance and repair work as may be required for the operation of the
Proposed Improvements as well as to maintain and repair in accordance with guidelines established
by the Village of Deerfield the rain garden located in the center of the cul-de-sac of Elysian Way as
shown on the approved landscaping plan for the Premises "Rain Garden"). In the event that the
Association fails or neglects to perform such maintenance and repair work, the Village of Deerfield
may perform such maintenance and repair work as may be required for the operation of the
Proposed improvements and/or the maintenance and repair of the Rain Garden, and shall then be
entitled to reimbursement from the Association for all such costs of maintenance and repairs within
thirty (30) days billing to the Association, and which shall be a charge and a continuing lien upon
each Lot until paid. The total amount billed to the Association, if not paid to the Village of
Deerfield within thirty (30) days, shall be delinquent and shall bear interest from the date of
delinquency at the highest legal rate per annum. The Village of Deerfield may bring an action
against the Association and recover the cost of such maintenance and repair work, including
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interest, costs and reasonable attorney's fees for any such action. The Village of Deerfield is
granted an easement for access in and through the Premises as and for maintenance and repairs to
the Proposed Improvements. Notwithstanding anything to the contrary stated herein, this Paragraph
3.05 may not be amended or modified without the express written approval of the Village of
Deerfield.
3.06 Restrictions on Impervious Surface. Without the express approval from the
Village of Deerfield, the maximum impervious surface to be constructed and permitted on any
specific Lot shall not exceed the following:
Lot
S uare Feet
Lot 1
3,851 sf.
Lot 2
4,044 sf.
Lot 3
4,473 sf.
Lot 4
3,847 sf.
Lot 5
4,078 sf.
Lot 6
3,845 sf.
Lot 7
4,291 sf.
ARTICLE IV
COVENANTS FOR MAINTENANCE ASSESSMENTS
4.01 Creation of the Lien and Personal Obheation for Assessments. Each Owner
(excluding Declarant and the Association) of a Lot, by acceptance of a deed therefor, whether or not
it shall be so expressed in any such deed or other conveyance for each Lot owned by such Owner,
hereby covenants and agrees and shall be deemed to covenant and agree to pay to the Association
such assessments and user charges as are levied pursuant to the provisions of this Declaration and
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r
the Bylaws of the Association. Such assessments and user charges, together with interest thereon
and cost of collection, if any, as hereinafter provided, shall be a charge and a continuing lien upon
the Dwelling Unit against which such assessment is made and upon the Unit Membership
appurtenant thereto. Each such assessment, and user charge, together with such interest and costs,
shall also be the personal obligation of the Member who was the Owner of such Lot at the time
when the assessment fell due.
4.02 Purpose of Assessments. The assessments levied by the Association (or by
Declarant acting on its behalf pursuant to Paragraph 2.04(c) hereof) shall be used for the purpose of
promoting the health, safety and welfare of the Members of the Association and in particular,
without limiting the foregoing: (i) for the improvement and maintenance of the services and
facilities devoted to such purpose and related to the use and enjoyment of the Premises, including
reasonable reserves, and further including but not limited to, the maintenance including repair, and
replacement of the Common Areas, and added planting, replanting, care, and maintenance of trees,
shrubs, flowers, grass, and all other landscaping of the Common Areas; (ii) for the payment of taxes
and insurance on and the making of repairs, replacements and additions to the Common Areas,
defraying the cost of labor, equipment, material and office and utility space required for the
management and maintenance of the Common Areas, and (iii) in general for carrying out the duties
of the Board as set forth in this Declaration and the Bylaws of the Association; and for carrying out
the purposes of the Association as stated herein and in its charter.
4.03 Assessment Procedures.
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A. Preparation of Estimated Budget. Each year on or before December 1, the
Board shall estimate the total amount necessary to pay the cost of wages, materials, insurance,
taxes, services, fees, repairs, replacements, management, supplies and of other items which, in the
judgment of the Board, will be required to be provided to the Association or be required to meet the
Association's obligations during the ensuing calendar year to effect the purposes of the Association,
together with a reasonable amount considered by the Board to be necessary for a reserve for
contingencies and replacements. The annual budget shall also take into account any estimated net
operating income or deficit which may result from the operation of the Common Areas during such
year and income from user charges to be received pursuant to Paragraph 4.03(d) hereof. On or
before January I" of the ensuing year, and the I" day of each and every month of said year, each
member shall be personally obligated to pay, in the way prescribed by Article IV hereof, one -
twelfth (1/12) of such Member's annual assessment, together with all user charges incurred by such
Member during the preceding month. If the actual expenditures paid or provided for by the Board
during said year shall be more or less than said estimated cash requirement, any net shortage or
excess shall be applied as an adjustment to the installments under the current year' estimate falling
due after the amount of such net shortage or excess for the preceding year has been determined.
B. Adiustments to Estimated Budget. If said "estimated cash requirement"
proves inadequate for any reason (including nonpayment of any member's assessment), the Board
may at any time levy a further assessment. The Board shall serve notice of such further assessment
on all Members by a statement in writing giving the amount and reasons therefor, and such further
assessment shall become effective with the monthly assessment payment which is due more than
SH
ten (10) days after the delivery or mailing of such notice of further assessment. All members shall
be personally liable for and obligated to pay their respective adjusted monthly amount.
C. Failure to Prepare Annual Bud et. The failure or delay of the Board to
prepare an annual or adjusted estimated budget shall not constitute a waiver or release in any
manner of any Member's obligation to pay the maintenance costs and necessary reserves, as herein
provided, whenever the same shall be determined, and in the absence of any annual estimate or
adjusted estimate, each Member shall continue to pay the monthly maintenance charge at the then
existing monthly rate established for the previous period.
D. User Charges. The Board (or the Declarant acting pursuant to Paragraph
2.04(c) hereof) may establish, and each Member shall pay, user charges to defray the expense of
providing services, facilities or benefits which may not be used equally or proportionately by all of
the Members or which, in the judgment of the Board or Declarant, should not be charged to every
Member. Such expenses may include, without limitation, charges predicated on the negligence of
any Member or the abuse of any part of the Common Areas; and fees for such other services and
facilities provided to Members which should not reasonably be allocated among all of the Members
in the same manner as Member assessments. Such user charges may be billed separately to each
Member benefited thereby, or may be added to such Member's assessments as otherwise
determined, and collected as part thereof pursuant to Article IV hereof. Nothing herein shall require
the establishment of user charges as hereinabove authorized, and the Board or Declarant may elect
to treat all or any portion thereof as expenses to be defrayed by Member assessments.
E. Initial Assessment. The Board shall determine the date upon which the
Members who own Lots shall commence payment of annual assessments established by the Board.
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The first estimated budget prepared by the first Board may be for the balance of the calendar year in
which such budget is prepared, in which event monthly installments of assessments shall commence
on the date fixed by the Board for such purpose.
4.04 Special Assessments for Capital Improvements. In addition to the annual
assessment authorized by Paragraph 4.03, the Board may levy special assessments for the purpose
of defraying, in whole or in part, the cost of construction or purchase of a specified capital
improvement upon or to the Common Areas, and the necessary fixtures and personal property
related thereof.
Such special assessment shall first be approved at a meeting of the Members by the
affirmative votes of two-thirds (2/3) of the votes cast by the Members at a meeting called and held
in accordance with the provisions of Paragraph 4.05. The provisions of this Paragraph 4.04 shall
not limit the power of the Board, without such prior approval, to levy assessments, reconstruct,
replace or restore any improvements on the Common Areas to the condition as originally
constructed by Declarant, nor preclude the Board, without prior approval, from financing capital
improvements provided that the sum of the annual debt services requirements of such financing and
of any other special assessments not approved by the Members do not exceed the product of items
(i), (ii) and (iii).
4.05 Notice and Quorum. Written notice of any meeting called for the purpose of
authorizing any special assessments requiring approval pursuant to Paragraph 4.04 hereof shall be
sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the
meeting. At the opening of such meeting, the presence in person or by proxy of Members entitled
to cast a majority of all the votes shall constitute a quorum.
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4.06 Nonpayment of Assessments.
A. Any installment 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 notice to such Member of such delinquency, accelerate the maturity of all remaining
installments due with respect to the current assessment year, and the total amount shall commence
to bear interest from the date of acceleration at the highest legal rate per annum. The Association
may bring an action against the Owner or Member personally obligated to pay assessments and
recover the same, including interest, costs and reasonable attorney's fees for any such action, which
shall be added to the amount of such assessment and included in any judgment rendered in such
action; and the Association may enforce and foreclose any lien it has or which may exist for its
benefit.
B. No Member shall be relieved of personal liability for the assessments and for
other amounts due as provided herein by nonuse of the Common Areas or abandonment or transfer
of ownership of his Lot.
C. The lien of the assessments provided for in Paragraph 4.01 hereof shall be
subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the properties
subject to assessment; provided, however, that such subordination shall apply only to the
assessments which have become due and payable prior to a sale or transfer of such property
pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure. Such sale or
transfer shall not relieve such property from liability for any assessments thereafter becoming due,
not from the lien of any such subsequent assessment.
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4.07 Damage by Unit Owner. If, due to the act or omission of an occupant of a
Residence Unit or of a household pet or guest or occupant or invitee of the Owner of a Dwelling
Unit, damage shall be caused to the Common Areas or any portion thereof, and maintenance,
repairs, or replacements shall be required thereby which would otherwise be an expense of the
Association, then the Owner of the Lot shall pay for such damage and such maintenance, repairs
and replacements, as may be determined by the Board, to the extent not covered by any insurance
carried by the Association.
ARTICLE V
ADNIINISTRATION AND USE OF COMMUNITY AREA
5.01 General Powers of the Board. The Board shall have the following general powers:
A. To adopt rules and regulations governing the use, maintenance and
administration of the Common Areas and for the health, comfort, safety and general welfare of
persons using the Common Areas. Such rules and regulations may include a restriction or absolute
prohibition against access by pets to specified portions of the Common Areas.
B. To repair, maintain, improve and replace the Common Areas and all facilities
and improvements located thereon; and to have such rights of ingress and egress over and upon the
Premises as may be required to exercise such rights.
C. To provide all necessary maintenance and services with respect to both the
Common Areas.
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D. To pay for out of the assessment Rinds provided for in Article IV hereof, all
taxes and assessments and other liens and encumbrances which shall properly be assessed or
charged against the Common Areas, subject to the provisions of Paragraph 5.03 hereof.
E. To retain and compensate a person or firm to manage the Association and the
Common Areas or any separate portion thereof, and provide the services of such other personnel as
the Board shall determine to be necessary or proper for the operation of the Association, whether
such personnel are employed directly by the Board or by such manager.
F. To provide any material, supplies, insurance, furniture, equipment, fixtures,
labor, services, maintenance, repairs, taxes or assessments which the Board is required to obtain or
pay for pursuant to the terms of this Declaration or by law, or which in its opinion shall be
necessary or proper for the operation or protection of the Association and its members or for the
enforcement of this Declaration.
G. To make the dedications and grant the utility easements described in
Paragraph 7.04 hereof.
5.02 Special Powers of the Board. The Board shall have the following additional rights
and powers, and shall pay the costs and expenses of exercising the same out of the assessment
funds:
A. To execute, on behalf of all Owners, all divisions of ownership for tax
assessment purposes with regard to the Common Areas, or any portion thereof.
B. To borrow funds to pay costs of operation secured by assignment or pledge of
rights against delinquent owners, if the Board sees fit.
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C. To enter into contracts; maintain one or more bank accounts granting
authority as the Board shall desire to one, or more persons (including the managing agent of the
Common Areas) to draw upon such accounts; invest surplus funds of the Association in U.S.
Government securities, in passbook savings accounts or in Certificates of Deposit insured by the
Federal Deposit Insurance Corporation or the Federal Savings & Loan Insurance Corporation; and
generally to have all the powers necessary or incidental to the operation and management of the
Association.
D. To protect or defend the Common Areas from loss or damage by suit or
otherwise and to provide adequate reserves for replacements.
E. To transfer any part of the Common Areas to any title -holding land trust in
exchange for the entire beneficial interest therein, or to any corporation in which the Association is
the sole shareholder.
F. To enforce the provisions of this Declaration and rules made hereunder and
to enjoin and seek damages from any Owner for violation of such provisions or rules.
5.03 Real Estate Taxes and Assessments. Notwithstanding anything to the contrary
herein contained, the Association shall pay and discharge all general and special real estate taxes
and assessments levied by any public authority with respect to the Common Areas whether or not
Declarant shall have conveyed to the Association title to the Common Areas pursuant to Paragraph
6.05 hereof.
5.04 Performance of Board's Duties by Declarant Pending Conveyance. Without
limiting the generality of the provisions of Paragraph 2.04.0 or of Article VI hereof, until such time
as Declarant has conveyed all the Common Areas within the existing Premises to the Association,
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Declarant may, at its election, discharge all or any of the duties of the Board with respect to the
Common Areas, in which event the Board shall reimburse Declarant for all costs and expenses from
which the Association has been thereby relieved, and shall levy all assessments required to make
such reimbursement. The Association shall rely on a certificate executed and delivered by
Declarant with respect to all reimbursement claimed under this Paragraph 5.04.
ARTICLE VI
CERTAIN RIGHTS RESERVED TO DEVELOPER
6.01 Declarant's Promotional Rights. The right is reserved by Declarant and/or its
agents, to place and maintain on the Premises all models, sales offices, advertising signs and
banners and lighting in connection therewith and other promotional facilities at such locations and
in such forms as shall be determined by Declarant. There is also reserved unto Declarant, its agents
and prospective purchasers, the right of ingress, egress and transient parking in and through the
Premises including the Common Areas for such sales or leasing purposes. Declarant also reserves
the right to maintain on the Premises without charge (a) a general office for the purpose of
exercising the development and management rights reserved in Paragraph 6.03 hereof, (b) a general
construction office for Declarant's contractors, and (c) appropriate parking facilities for the
employees of Declarant's agents and contractors. Declarant's aforesaid reserved rights shall exist at
any time Declarant is engaged in the construction, or sale of or upon Lots on any portion of the
Premises, and no charge shall be made with respect thereto.
6.02 Ri ht to En a e a Mann er. Declarant reserves the right to engage the initial
manager for the Association, and in furtherance of such right to enter into a contract with a person,
firm or corporation for such purposes, which contract shall be binding upon and inure to the benefit
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of the Association and be paid for out of the assessment fund. Declarant contemplates that such
initial manager may be the Declarant or a firm which is affiliated with the Declarant.
6.03 Developer's Easements. Declarant hereby reserves for the benefit of Declarant a
nonexclusive easement to, through, over, under and across the Common Areas for the purpose of
exercising the rights reserved to Declarant, including, without limitation, the planning, construction,
marketing, leasing, management and maintenance of improvements in any portion of said area.
Said rights of Declarant shall continue for a period of ten (10) years from the date of recording this
Declaration unless Declarant, by written notice to the Association„ elects to terminate such rights
prior to such date. All rights and easements created by this Declaration are subject and subordinate
to the aforedescribed development rights of Declarant, whether or not inconvenience to any Owner
shall result therefrom.
6.04 Right of Declarant to Make Dedications and to Grant Utility Easements. As
used in this Paragraph 6.04, the term "Utilities" means all public and private utility conduits, wires,
ducts, pipes, cables and other lines, and all associated equipment, which serve the Premises,
including, without limitation, those for the transmission and/or distribution of water, electricity, gas,
telephone, sewage and drainage, and all conduits, equipment and components of any
communication systems, wherever located. Said term also includes all standpipes, hydrants, pumps,
equipment vaults and other structures and facilities for the provision of fire protection services.
Declarant hereby reserves for itself and its successors and assigns the following
rights with respect to the Common Areas:
A. To dedicate space in the Common Areas to any public or quasi -public utility
or to any governmental authority for the location of Utilities serving any portion of the Premises.
-21-
B. To reserve or grant easements in, over, under, to and across the Common
Areas for ingress and egress to, and for installation, construction and maintenance of, any or all the
Utilities.
Until Declarant's rights under Paragraph 6.03 hereof are terminated, Declarant shall
have the right to tap into and use all Utilities for the purpose of exercising all such rights. All the
rights reserved by Declarant in this Paragraph 6.04 may, upon conveyance or transfer of any
Common Areas by Declarant to the Association, be exercised by the Association or by Declarant
acting on behalf of the Association.
6.05 Retention of Title b • Declarant. Declarant may retain title to all or any portion of
the Common Areas until such time as Declarant has completed such improvements thereon as it
elects to make and until such time as, in the opinion of Declarant, the Association is able to
maintain the same, but covenants, for itself, its successors and assigns, that it shall convey and
quitclaim to the Association all Common Areas not later than the date specified in Paragraph 2.06
hereof upon which Declarant shall cease to have the right to appoint one or more Directors of the
Association. The Association shall not be relied of any of its obligations under this Declaration by
reason of Declarant's retention of title to all or any portion of the Common Areas, including without
limitation the obligation to pay all general and special real estate taxes and assessments levied with
respect to the Common Areas as provided in Paragraph 5.03 of this Declaration, and including
further, the obligation to maintain, repair and reconstruct the Common Areas and to defray the cost
thereof by Member assessments.
6.06 Terms of Conveyance of Community Area. Upon any conveyance or assignment
of the Common Areas to the Association, Declarant shall be entitled to a proration credit for all
IY*A
expenses of the Association defrayed by Declarant (including insurance and real estate taxes) which
have not theretofore been reimbursed to Declarant. Title to the Common Areas may be subject to
all general and special title exceptions excluded from the coverage of any owner's title insurance
policy covering the Common Areas, which Declarant shall deliver to the Association in connection
with such conveyance. If any Common Areas shall be held in any title -holding trust, Declarant may
assign the beneficial interest in such trust to the Association in lieu of causing the trustee to convey
the same by trustee's deed. The Common Areas shall be conveyed or assigned without any express
or implied warranties, which warranties are expressly disclaimed by Declarant.
6.07 General. Notwithstanding any provisions herein to the contrary, the rights and
easements created under this Declaration are subject to the right of Declarant to execute or to cause
to be executed all documents and do all other acts and things affecting the Premises which, in the
Declarant's opinion, are required to implement Declarant's reserved rights hereunder (including the
making of any dedications to public use) provided any such document or act or thing is not
inconsistent with the then existing property rights of any Owner.
ARTICLE VII
GENERAL PROVISIONS
7.01 Bindin Effect. The easements created by this Declaration shall be of perpetual
duration. The covenants, conditions and restrictions of this Declaration shall run with and bind the
Premises and shall inure to the benefit of and be enforceable by the Association and/or the owner of
any real property subject to this Declaration, their respective legal representatives, heirs, successors
and assigns, for a term of fifty (50) years from the date that this Declaration is recorded, after which
time the same shall be automatically extended for successive periods of ten (10) years unless there
-23-
shall be recorded: (a) an instrument modifying or abolishing any of the provisions hereof signed by
the Association and the then Owners of not less than three -fourths (3/4) of the Lots which are
subject to the provisions of this Declaration, and (b) an affidavit by an officer of the Association
certifying that a copy of the amendment has been mailed by certified mail to all mortgagees having
bona fide liens of record against any Dwelling Unit no less than then (10) days prior to the date of
such affidavit.
7.02 Amendment. The provisions of this Declaration may be amended by an instrument
executed and acknowledged by the Association certifying that a copy of the amendment has been
mailed by certified mail to all mortgagees having bona fide liens of record against any Dwelling
Unit, not less than ten (10) days prior to the date of such affidavit. No such amendment shall be
effective unless recorded in the Office of the Recorder of Deeds of Lake County, Illinois. For a
period of ten (10) years from the date of recording this Declaration no provision of this Declaration
may be changed, modified or rescinded and no provision may be added without the written consent
of Declarant. This Declaration may be amended by Declarant prior to the conveyance by Declarant
of any Dwelling Unit to any other Owner.
7.03 Enforcement. Enforcement by the Association or any Owner of the covenants and
restrictions contained in this Declaration may be had by a proceeding at law or in equity against any
person or persons violating or attempting to violate any such covenant or restriction, either to
restrain violation or to recover damages or both, and against the land to enforce any lien created by
these covenants. Failure by the Association or any Owner to enforce any covenant or restriction
shall in no event be deemed a waiver of the right to do so thereafter.
-24-
7.04 Title -Holding Land Trust. In the event title to any Lot or any other part of the
Premises is conveyed to a title -holding trust, under the terms of which all powers of management,
operation and control of the Lot remain vested in the trust beneficiary or beneficiaries, then the
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 Lot. No claim shall be made against any such title -
holding trustee personally for payment of any lien or obligation hereunder created and the trustee
shall not be obligated to sequester funds or trust property to apply in whole or in part against such
lien or obligation. The amount of such lien or obligation shall continue to be a charge or lien upon
the Lot or real estate and the beneficiaries of such trust notwithstanding any transfers of the
beneficial interest of any such trust or any transfers of title to such Lot.
7.05 Severability. Invalidation of any one of these covenants or restrictions by judgment
or court order shall in no way affect any other provision, and all other provisions shall remain in full
force and effect.
7.06 Headings. The headings contained in this Declaration are for reference purposes
only and shall not in any way affect the meaning or interpretation of this Declaration.
7.07 Notices. Any notice required or desired to be given under the provisions of this
Declaration to any Member, Owner, or any other person entitled to use the Common Areas, or any
part thereof, shall be deemed to have been properly delivered when deposited in the United States
mail, postage prepaid, directed to the last known person who appears as a Member, Owner or other
person entitled to notice, at the last known address for each such person, all as shown on the books
and records of the Association at the time such notice is given.
-25-
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be signed this
y�day of A , 2015.
Declarant:
INVESTCOM LLC,
BY:
STATE OF ILLINOIS )
) SS
COUNTY OF LAKE )
I, '1 s5y/-7 �/2 � , a Notary Public in and for the County and
State aforesaid, DO HEREBY CERTIFY, that personally known to
me to be the of INVESTCOM LLC, appeared before me this day in person and
acknowledged that he signed and delivered the said instrument as his free and voluntary act, and as the
free and voluntary act of said limited liability company, for the uses and purposes therein set forth.
Given under my hand and notarial official seal, this ay of Il4' ke, 2015.
NOTAR PUBLIC
Commission expires
THIS INSTRUMENT PREPARED BY: OFFICIAL SEAL
nior�ty ASYA SWW
Lawrence M. Freedman, Esq. My 'PLI� � '� $
Ash, Anos, Freedman & Logan, L.L.C.
�.E�'IRES;o1►31n7
77 West Washington Street - Suite 1211
Chicago, IL 60602
-26-
EXHIBIT "A7
TO
DECLARATION
OF
EASEMENTS, RESTRICTIONS AND COVENANTS
The "Premises" as defined in the Declaration is legally described as follows:
Lots 1-7, inclusive, and Outlots A and B inclusive, in Elysian Way Subdivision, a subdivision of part
of the SE '/4 of Section 28 and part of the NE 1/4 of Section 33, all in Township 43 North, Range, 12,
East of the Third Principal Meridian, in Lake County Illinois.
-27-
'LAT INFORMATION SHEET
NUMBER OF PLAT PAGES
SECTION TOWNSHIP
LEGAL DESCRIPTION
Images! 054092180003 Type: PSB
Recorded: 06/26/2015 at 03:28:39 PM
Receipt#: 2015-00038166
Paige 1 of 3
Fees: $68.00
IL Rental Housing Fund: $0.00
Lake County IL Recorder
Mary Ellen Vanderventer Recorder
File7207129
F6 a ��l q -�/ -1) (r, k / Ll
;HECK (4) TYPE OF PLAT:
❑ ANNEXATION/DISCONNECTION
❑ CONDOMINIUM
❑ DEDICATION
❑ EASEMENT
❑ VACATION
❑ OTHER
SUBDIVISION (enter subdivision name on line below)
IF THE PLAT RECORDED WAS LARGER THAN 11" X 17", THE
ATTACHED COPY HAS BEEN REDUCED FROM A SCANNED IMAGE.
ORIGINAL SCALE PAPER COPIES OR DIGITAL IMAGE FILES ARE
ALSO AVAILABLE FOR PURCHASE — PLEASE CALL (847) 377-2678
FOR MORE INFORMATION
U:\Forms\Platlnfo\Plat Information Coversheet for Scanning.doc
Revised: February 22, 2007 12:00 PM
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